I
li
PROVINCIAL PAPERS
NEW HAMl'SHIRH
Including the Records of the president and Council, Janu-
ary I, 1679, '^o December 22, 1680; July 6 to September
8, 1681 ; November 22, 1681, to August 21, 1682; Re-
cords OF THE Governor and Council, October 4
to October 14, 16S2, Under the Successive
Administrations of Cutt, Waldron, and
Cranfield : Acts of the Assembly,
August Session, 1699; Journals
OF THE House of Represen-
tatives, August 7, 1699,
TO October 4, 1701, and May 9, 171 1, to April 30,
1722: Ancient Documents Relating to the
Controversy over the Boundary
Line between New Hampshire
and Massachusetts.
HISTORICAL NOTES, A CHRONOLOGICAL LIST OF BOUND-
ARY LINE PAPERS, CONTEMPORARY MAPS,
AND OTHER ILLUSTRATIONS.
VOL. XIX.
ALBERT STILLMAN BATCHELLOR,
EDirOR.
MANCHESTER, N. H. :
JOHN B . CLARKE, PUBLIC P R I X l' E R
I S9 I .
JOINT RESOLUTION relating to the preservation and publication of portions of the
early state and provincial records and other state papers of New Hampshire.
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 rec-
ords and other state papers of New Hampshire 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 the State, one copy to such of
the public libraries in the State as the Governor may designate, fifty copies to the New Hamp-
shire Historical Society, and the remainder placed in the custody of the state librarian, who
is hereby authorized to exchange the same for similar publications by other states.
Approved August 4, 18S1.
THE STATE OF NEW HAMPSHIRE.
To Albert S. Batchellor, Esquire, Greeting:
Know You, That we, reposing especial trust and confidence in your fidelity and ability,
have constituted and appointed you Editor and Compiler of Early
[l. s.] State and Provincial Records and other State Papers of New
D. H. Goodell, Hampshire, hereby giving and granting unto you, the said Albert S.
Governor. Batchellor, all the power and authority given and granted by the
Constitution and Laws of our State to an Editor and Compiler of
Early State and Provincial Records. To Have and to Hold the Said Office, With all
the powers, privileges, and immunities to the same belonging, for the term of — years from
the date hereof, provided you are of good behavior during said term.
In Testimony Whereof, We have caused our seal to be hereunto affixed.
Witness, David II. Goodell, Governor of our State, at Concord, this 9th day of October,
in the year of our Lord one thousand eight hundred and ninety, and of the independence of
the United States of America the one hundred and fifteenth.
By the Governor, with advice of the Council.
C. B. RANDLETT,
Deptity Secretary of State.
THE STATE OF NEW HAMPSHIRE.
Grafton ss. October 27, 1S90.
Then the said Albert S. Batchellor took and subscribed the oath of office as Editor and
Compiler of Early State and Provincial Records and other State Papers of New Hampshire,
as prescribed by law.
Before us.
HENRY W. BLAIR, \Jnstices of the Peace,
DANIEL BARNARD,/ Quorum Unus.
To A. S. Batchellor, Editor of State Papers :
You are authorized to collect, arrange, transcribe, and superintend the publication of the
New Hampshire Town Charters, as recommended in the section numbered one, in the Re-
port of the Committee of the Governor and Council, submitted and adopted in May, 1S89,
and the Journals of the Assembly, Provincial Congress, Legislature, and Councils of New
Hampshire, previous to the year 1800, as recommended in the section numbered two in said
report.
You are also authorized to include in said work such rolls of the soldiers of New Hamp-
shire in the French and Indian and Revolutionary wars as may be available, and which have
not already been published in the volumes edited by Isaac W. Hammond, Esq.
4 PROVIXCIAL PAPERS.
You will also cause such explanatory notes and citations, tables of contents and indexes,
with such illustrative papers, maps, and plans as you may deem useful, to be prepared and
made a part of your work.
This I deem proper to be done, and I give these directions in accordance with the pro-
visions of the joint resolution relating to the preservation and publication of portions of the
early State and Provincial Records and other State Papers of New Hampshire, approved
August 4. 1 88 1.
Given under my hand at Concord this i6th day of October, A. D. 1890.
D. H. GOODELL,
Governor.
A. S. Batchellor, Editor of State Papers:
You are hereby authorized to arrange, transcribe, and superintend the publication of the
Town.^hip (irants, Masonian Proprietary Papers, Boundary Line Documents and Plans con-
tained in the collection of papers donated to the State by Robert Cutts Peirce of Portsmouth,
the Boundary Line Papers additional to those contained in the Peirce donation above men-
tioned which have been transcribed from the JNIassachusetts archives for the use of this State ,
the Notes of Hazzen's Survey on the westerly part of the boundary line, as it was suppos
to be between Massachusetts and New Hampshire, the Acts and Laws passed by the Gen-
eral Court or Assembly of his Majesty's Province of New Hampshire in New England,
begun and held at Portsmouth on the seventh day of August, 1699, title, I. leaf, and pp.
3-10, and the Calendar of New Hampshire Papers in the English Archives already procured
by the State for the New Hampshire Plistorical Society.
You will also cause such explanatory notes and citations, tables of contents and indexes,
with such illustrative papers, maps, and plans as you may deem useful, to be prepared and
made a part of your work.
This I deem proper to be done, and I give these directions in accordance with the provi-
sions of the Joint Resolution relating to the preservation and publication of portions of the
early State and Provincial Papers and other State Papers of New Hampshire, approved
August 4, 1 88 1.
Given under my hand at Concord, this thirteenth day of October, A. D. 1891.
HIRAM A. TUTTLE,
Go^v'crnor.
PREFACIi
This volume is devoted to the presentation of such parts of the documentary
history of the state as were not accessible at the time of the publication of its pre-
decessors, or for other reasons were not given place in chronological order. The
necessity for bringing his work to a conclusion within certain prescribed limits left
Dr. Bouton, the editor of the first ten volumes, the choice between two courses, —
to make extensive omissions of official and contemporary records having important
narrative and illustrative uses, thus advancing his abstracts or selections from the
body of the record over a much longer period, or to publish full and literal tran-
scripts of all important archives within his authority, with the imminent probability
that he would never be permitted to enter upon such interesting epochs as the
French and Indian War, the War for Independence, and the evolution of a perma-
nent state government and federal constitution from colonial and revolutionary condi-
tions. By adopting the latter course, he was able to present the outlines of the
documentary history of New Hampshire in those periods, in such an accessible
form, that, notwithstanding its admitted incompleteness in presenting the records
of certain departments of government, it has taken high rank as an authority
among historical works of reference. The great and deserved success of Dr.
Bouton was an important inducement to the further prosecution of the work which
was afterwards resumed by the state and wisely placed in charge of Mr. Isaac Ware
Hammond. His labors were embodied in eight volumes. These were XL, XII.,
and XIII., in which the Town Papers, so called, were published in a convenient
arrangement by which the documents relating especially to municipal concerns were
classified by town titles and the town chapters given alphabetical sequence; XIV,,
XV., XVI., and a part of XVII., in which were published the rolls of the New-
Hampshire soldiers who served in any of the organizations recognized in the Rev-
olutionary service, including those borne upon the rolls deposited in state offices,
and on those preserved in Washington; and the remainder of XVII., and XVIII.,
which were devoted to miscellaneous papers pertaining to our documentary history
down to the year 1800. Some of the notable features of Mr. Hammond's service,
as editor of these papers, were his thorough and comprehensive method of index-
ing, his common-sense arrangement of material, and the conscientious industry and
completeness with which he searched out and presented all the matter relating to
his subject without elimination, suppression, or needless omission. His decease
O PREFACE.
occurred September 28, 1S90, only three days after volume XVIII., the last of the
series which he edited, had been received and approved by the Governor and Coun-
cil. The state had no more faithful servant, and her history has found no more
devoted student than Mr. Hammond. His work is his monument.
The continuation of the series has been again resumed on the plan outlined in
the report of a Committee of the Executive Council which appears in the preface to
Vol. XVIII.
The larger part of the current volume is devoted to the documentary history of the
controversy over the boundary line between New Hampshire and IVIassachusetts.
Always important, these papers are of especial interest at this time owing to the re-
cent action of the two states in renewing the attempt to effect a final settlement of
the long standing dispute by the appointment of state commissions on either side
and legislation tending to an examination and review of the issues in a spirit of
comity. This material has been gathered from the state archives of Massachusetts
and New Hampshire through a personal examination of the records in official and
other depositories.
In the Journals of the House of Representatives from 1699 to 1701 and from 171 1
to 1722, heretofore unpublished, we believe we have presented an interesting and
valuable contribution to the material through which the development of modern
forms and methods of legislation and government must be traced.
The recovery of the valuable pamphlet which contains the laws of New Hamp-
shire passed at the session of August, 1699, sets back by seventeen years the point
of interest which has been heretofore attached to the Russell edition of 1716, as
the earliest printed copy of the laws of the province known to the student of legal
antiquities. With the reproduction of the Journal of the House for the same pe-
riod, which has already been mentioned, and the Journals of the Council, published
in Dr. Bouton''s Volumes II. and III., a full chapter of legislative proceedings at a
very remote period is perfected. It is of interest to note that this fragment is the
only portion of the records from 1679 to 171 1 which is complete in the four partic-
ulars of a Council Record, Journal of the Council and Assembly, Journal of the
House, and Session Laws.
The reproduction of the earliest and the principal part of the official record of the
first President and Council of the Province of New Hampshire from the archives of
the Massachusetts Historical Society, followed by the opportune discovery and ad-
dition of similar records covering important parts of the administrations of Presi-
dent Waldron and Governor Cranfield, which have but recently been obtained from
London, as elsewhere related, has yielded material which will hereafter be consid-
ered indispensable in the investigation of the history of that period, and without
which only the outlines of the narrative of the beginning of our provincial govern-
ment could be drawn. The restoration of these documents to the state by tran-
scription, after they have remained for perhaps two hundred years undiscovered in
the seclusion of English official custody or in the historical collections of a neigh-
boring state, may be taken as a stimulus to diligent search for other important sec-
tions of New Hampshire official records which are somewhere awaiting the call to
PREFACE. 7
'' come forth/'' An article in \'ol. 5. Collections of the N. II. Historical Society,
page 18, is suggestive in explanation of the deficiencies of our early records. Un-
doubtedly there remain great opportunities to be improved in the restoration of our
lost and scattered official records and papers, or in the procurement of substantial
copies which may serve the purpose of the originals for practical use and reference.
The Calendar of Papers relating to New Hampshire in the English Archives, pre-
pared for the New Hampshire Historical Society by Mr. B. F. Stevens, of London,
will be included in a subsequent volume. It will indicate what papers in those rec-
ords are in existence in London, to supplement those contained in our state collec-
tions. Should the pablication of such papers as are now accessible in Stevens's
Fac-similes and in similar works, be carried back over the peiiod of our provincial
history, which is quite possible, the Calendar will become more than a mere infor-
mant to those who do not have personal access to foreign records ; it will be an
actual guide in the use of fac-similes and printed copies which all the great libra-
ries of this country are securing.
A chronological list of documents relating to the boundary line controversy will
be found in the body of this volume, immediately following the part devoted to
those papers. It includes all that have been printed on that subject in this volume
and the preceding ones in the series. This list is designed to serve as a special
aid to the student of that important subject in searching the contents of our state
publications.
It is a pleasure to acknowledge the cordial assistance offered by the executives of
the state and all subordinate departments. A particular expression of personal ob-
ligation is due to the Hon. Ezra S. Stearns, Secretary of State, whose advice has
often been sought and wisely given ; whose accurate learning and excellent judg-
ment have been a constant aid ; whose devotion to the duties of his office is untir-
ing and whose courtesy is unfailing.
Every accommodation which could be desired has also been afforded by the Hon.
William M. Olin, Secretary of the Commonwealth of Massachusetts, in our pro-
tracted examination of the early records in his office. We are under obligations to
Dr. Samuel A. Green, of the Massachusetts Historical Society, Mr. Stone, the
librarian of the- Historical Society of Pennsylvania, and Prof. Francis N. Thorpe,
of the University of Pennsylvania.
The Editor.
TABLE OF CONTENTS.
Pages.
Journal of the House of Representatives, May 9, 171 1, to
April 30, 1722 9-175
Boundary Line Documents ...... 177-628
Chronological List of Boundary Line Documents . . 629-646
Proceedings of President and Council of New Hampshire,
January i, 1679, O. S., to October 14, 1682 . . . 647-691
Laws of 1699 ......... 693-707
Memoranda concerning Laws of 1699, by George H. Moore 709-713
Journal of the House of Representatives, August 7, 1699, to
October 4, 1701 715-740
JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
PROVINCE OF NEW HAMPSHIRE.
1711-1722.
* i-i * Minutes of the Representatives, 171 1.
on the 9th May Mett ^sent
M"" Speaker Gerrish Theo : Dudley S : Keais
N : Hill Geo : Jaffry Eze : Wentworth
J : Smith Step : Jones D : Tilton
Ja : Rendell Epha : Marston Theo : Atkinson
Nickholas Gillman
His Excellency And Councell sent for the House And Delivered
A Speech to the Speaker Viz : Gentellmen
It Is y^ useall season of your Mettinge for 3'^'^ service And beneffit
of y^ province and I shall be glade to Consent to Any thinge for her
Majesties service And your owen Defence and advantage
I Hope y^ Comitee of both Houses Left y° last sessions for y^
Ajusting your acco* and Debts are Redey with thayer returnes soe y'
all futuere Complaynts will be Taiken Away by y^ payment of y*
Arrears Debts soldiers and subsistance
Wee ar sensible that ye Indians are Devided Into small parties and
give us Trubell Every Whear In y*^ ffronttears ffor prevention of
This Journal of the House of Representatives is contemporary with the Records of the Council, published
in New Hampshire Province Papers, Vol. II., and the Journal of the Assembly, published in Vol. III., same
senes. The stars mark the beginning of a new page, and the numerals indicate the corresponding volume
and page of the manuscript House Journals, as arranged by the late John Farmer, and now in the ofifice of the
Secretary of State. — Ed.
lO PROVINCE OF NEW HAMPSHIRE. [l/H
which I have Latley strenthned y^ province of Magn : with on hun-
dred Musqueteears mor y" Thaier usual garrisons which are Mar-
thinge I ame Informed y' severael of Her Majestes good Subjettes of
this province Are wilHng to Marth as Volunters without subsistance
or wages ffrom y*^ province if thay Mite have a Rewarde by y^ heads
granted them by y'' Asembley which I recommend to your Consider-
ation we being all sensabell how much more service is to be Expeted
ffrom volunteres at all times Then from Men Impresd And Drawen
Into y'^ servise.
* 1-2 * I recommend to your Considerration The building A Howse
for y® province and an almes House and Beidwell In this
Towen for y^ servis of The province Agreabell to what Is done In
other Plases y^ benefite of which for y® Honour of the Province the
goodgoverment of y^ pore as well as vitious peopel will soon Counter-
vaile the Charg —
I have heartofore Desined Which I now repeat that there may be
A Com mite of both Howses to rivise the Laws of This province and
Maik A faire Transcripte of Them fitt to be Humbly Laied bef or her
Majesty for her royls Alowence and Confirmation; which you may
now Doe Soe as to have them redey to Be Transmited y^ next retturn
of ouer ships ffor great Brittaine :
I have directed M"" Treasurer to Lay befor youy*^ stat of your acco
he is now Entering Apon his tenth yeare since I have had y*^ Honour
to Command hear and have past his acco^^ home to her Majesty s Ex-
chequer I am of opinion the Howse of representatives owe him
Thayer vote of thanks for his Care In y^ servise of y*^ province soe
far Endinge with his : ninth years acco*^ and to Desire his Care for y^
future In suply of subsistance and Clothing of Any souldgers To be
nessarely raised for y^ Defence of her Majesty good subjects of this
province as ned shall be I have brought with me Colo' Rednape her
Majestys Engenear : to peruse y^ works at y^ fort and to report The
nesseary repayers which I shall Lay befor them —
May 9'^^ The Howse Is Ajorned for two Howers :
The house Returned According to Adjornm' present those in the
Morning
Perusing the Gov^ Speech ordered that In Answear thereto the
folowing be sent Up — Viz
* 1-3 * May It please your Excellency
Wee have Perused Your Excellencys Speech and Shall Con-
sider the severall paragrafes therein And Doe Our Duety In An-
swearing them
9 May 171 1 by order of the house of Representatives
Copie Sam" Keais Cler :
■J/Il] JOURNAL OF THE HOUSE OF REPRESENTATIVES. II
the Return of the Comitte being befor Us Wee find therein three
Articles Refered to this house Viz : Muster Roles for Two Uayes
scouting
Voted that the s'' Muster Roles be paid
Adjorned to the loth Ins' nine of Clock
May io'''The Howse Mett at time and plas : Excepting M' georg :
Jeffrys : Cap* gillman : Cap* gillman Came sone After : and allsoe
M"" Jeff ryes :
the Return of the Comitte for Examining the Pro : D'^ &c : being
sent Is Approved of and Voted : the U'^ Amounting to three thousand
thousand Seventy five pounds 17^ & 05"^ ;!^3075 "•17:5
* The Howse Is Ajorned for 2 bowers. * 1-4
Returned According to Adjornm* the Whole house
May y^ 10 The Howse Is Ajorned to tomorow 9 of y^ Clock it Be-
inge y^ 1 1^ Enstant
May 1 1*'' The Hows Mett acording to time and plas Excepting M""
Atkinson and M"" Georg Jffryes M"" Jeffrys Came sone after
The Howse Is Ajorned for 2 bowers
The Hows Mett according to Ajornment exceptin M"" Atkinson
May : II : The Howse Is Ajorned to to morow 9 of The Clock it
beinge y^ 12 Enstant
May : 12 : The Howse Mett according to Ajornment Excepting Cap*
Gillman : —
Capt Jn° Gilmans Muster Rool Examined and Allowed thereon
£Aiy I3n II
Ditto for Soldiers Posted at Mad™ Hillons Garrison )
both Dated the 23"^ June, Examined & Allowed j 4m >» 5
In Relation to the Peticion of M"" Ffrench of Hampton this Day
Presented — Ordered That the Select men of the Town of Hampton
Repay the S^ Jn° French two pounds thirteen shillings & i'^ out of
their Town Rates, And that His Excellentcy be Desired to Order
the Settlement of the Province Bounds.
* Voted That Sam^ Moor be Pay'd twelve shillings out of the * 1-5
Treasury for the Cure of a Wound Rec"" in y*" Province Ser-
vice in Sloop Speedwell.
The Act for Preventing the Shooting Sea Goule out of Boats
Canooes floats &c Read and Not allowed —
Voted That the Stores Left in the Commissary's Hands be Compared
& Examined p"" his Acco* of the Port Royall P2xpedition
The Bills of Credit of This Province haveing such a generall Cur-
rentcy
12 PROVINCE OF NEW HAMPSHIRE. [l?!^'
Voted That the five per Cent : formerly allowed on the Paying it into
the Treasury be taken of —
Proposed that a Councill House and an Alms House be built and
Voted The Contrary —
Voted That One Thousand pound Prov : Bills now in the Treasury
Be Repeated and Continued And that all the Bills of Credit of
this Province Pass in all Publiqu Payments without the Advance
of five p"" Cent
An Act for Preventing the forging an alltering y" Bills of Credit
of This and the neighbouring Provinces. Passed —
* 1-6 * The Act for Incouragement of Voluntiers against the
Indian Rebells Passed.
Voted That for every Indian Man Slayn in the Province Sixty pounds
for every Woman thirty pounds and for every minor or Papoose
fifteen pounds be Pay'd out of the Treasury.
Haveing Considered the State of the Province and find money
enough now in y^ Treasury for Payment of all the Debts of the Prov-
ince y^ are Allowed of by the Generall Assembly
Voted That His Excellentcy be Desired to Grant Orders for y" Pay-
ment as allowed That the money may not be other way's applyed —
The House is Prorogued to Monday the 14"' Inst, at 12 a Clock —
May 14*'' The House Mett according to Prorogation all except Capt
Nich° Oilman & Theophilus Dudley Esq"'
The House sent for by his Excellentcy & Councill. And Signed
three Acts, viz' for Incouragement of Voluntiers; for Preventing
Counterfitting Bills of Credit ; for Repeating one thousand pounds'
Bills of Credit
* i-j * The House is Adjourned for two Hours —
May 14*'' The House mett according to Adjournment all ex-
cept Dudley & Oilman —
May 14''' Voted That the ffort William and Mary be forthwith Re-
paired and that the Surveyor thereof Doe not Expend more than
two Hundred pounds thereon includeing all manner of Charges as
subsistance Materialls & Labour viz' : three shill pr Diem for every
trades Man and two shill pr Diem for every Labourer. And that the
Treasurer be Desired to Supply with subsistance therefor —
p"" the Assembly.
Whereas there was an Act pass' sometime since that all vessells Ly-
able to Pay Powder Duty should Pay it in Specie ; —
I/Il] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I3
Considering (by the Queens Bounty) there is a Considerable Quantity
in the Magazine
May 14"' Voted That Every Vessell Lyabletothe Duty as p"" that Act
appears Doe for the time to Come Pay the said Duty in Money at
two shill p'' tun to the Treasurer for y'^ use of the Province —
p"" the Assembly —
Sent up for Concurrence But not allowed of by the Govern"" &
Councill
* house Adjorned to the 15^'' 8 of Clock * 1-8
May 15 Mett According to Adjournment present
M'' Speaker Smith Marston Hill
Keais Tilton Jones
Jaffrey Atkinson Rendell
Wentworth
Voted That a Committe be appoynted to Revise the Law^s of this
Province and Drawing up such Others as may be thought proper to
present to his Excellentcy at the next siting of y^ Generall Assem-
bly.
14"* May by Order of the House of Representatives
Voted That Joseph Smith Theodore Attkinson & Geo : Jaffrey be a
Committe to Joyne with y® Committe of y^ Councill to Revise and
Collect a Body of Laws —
The House sent for by his Excellency And prorouged to the twelvth
of Sep^ next
By order of His Excellency the House of Representatives Were
ordered to Meet on the 14"' June 171 1 Att Which time the
Hon'''"' John Usher Esq*" L* Gov"" and * Councill sent for the * 1-9
House Att w"^*" time the Whole house Were present Except
m"" Ez : Wentworth And Reed his hon''^ Speech With his Excellency^
Leter And had Copie of his Excellency^ Instructions Read to Us Re-
lateing to the Reduceing Kanady & Newfoundland.
Copy of Govern''* Leter
Gentlemen Boston 9*'' June 171 1
I herewith send you Copy of Her Majesties Instructions to my
Selfe Rcfering to the Expedition to Canada which I Desire you to
keep Secret yet
You haveallso enclosed an Embargo in Obediance to her Majesties
S^ Instructions which you must presently publish and acquaint y^ ffort
& Officers of the Customs with & see it observed
14 PROVINCE OF NEW HAMPSHIRE. [l/H
And I Doe further Direct you to call the Assembly the Proroga-
tion notwithstanding to sit on thirsday next and acquaint them with
the said Instructions & let them be read in their house — and let
them know that the vast forse that is comeing and the whole expedi-
tion is in answer to their repeated Addresses and is the last Effort of
these Goverments and by the ffavour of God will end in our Security
and Establishment and therefore that I Desire and Expect their Unan-
imous vote
That there be a Number of Men not Exceeding one hundred with
Officers raysed for the service of the Expedition —
That the Treasurer provide three months Provisions, Transports &
other necessarys for y*^ s'^ men that the Assembly will at their next
Session take Care for y'^ Payment of y*^ Wadges & Subsistance and
other Charges of y*^ said forses —
* I- 10 * These Votes will be chearfully Agreed by the Representa-
tives I Doubt not, thank them and Dismiss them to the Pro-
rogation and Express the Votes to me —
The Whole ffleet Consists of Ten ffrigats and eight Battalions of
foot, Cannon, stores, Arms & Cloths for ally^ soldiers which will save
a great part of y^ Charge Maj"" Plaisted brings this and will acquaint
you any thing Necessary. Let us be Private in y*^ Affair as Long as
we can least it goe to Ouebeck or Placentia with my Service to the
Speaker and Gentlemen of y^ Assembly. I am Gentlemen
yor Very Humble Serv'
J Dudley —
Jun y® 15 The Hows Is Ajorned to to Morow 10 of y^ Clock it beinge
y« 15*'' Enstant :
Gentlemen —
Her most gracious majesty haveing sent his Exelency general Fran-
cis Nicholson Esqu'"'' with forces for Reducing of Canada and New-
found Land It is Expected that the Goverment in these parts give there
redy Assistance by raising of Souldiers to Joyn in Conjunction with
y^ Queens foreces to whom god grant Success and Victory the Happy
fruits of which will tend to y^ Safety wealth and Prosperity of these
Her Majesties Dominions and Plantations and more Peculier to this
Her majesties Goverment that for many years have been Insulted
waisted & Consumed by a Crewel Barbarous and Perfidious Enemy.
By his Exelency the Governours Precept you are here called to-
gether for raising your Quota of men Providing Transports and Pro-
visions &c : for carrying on the above Expedition.
* i-ii * Her Majesties Service requireing his Exelency the gov-
erno''' Precence : at the Congres Remote from his Goverments
171 l] JOURNAL OF THE HOUSE OF REPRESENTATIVES, 15
to Consult in this great Dosigne. / I am therefore come to Expidite
matters of so great an Importance. /
Gentlemen —
You Addressd her most gracious majesty in October Last that she
would be graciously Pleased to Send Shipps of war and forcces for
the Reducing of Ouebeck, &c : upon which Address from your Selves
and others from our neighboring Goverments Generall Nicholson is
now sent as before mentioned whose conduct Courage and Prudence
is well Known to us all in the reducing of Port Royall (now Annopo-
lis Royall) Last year which If Pleas god to give him the Same Happy
Success in the Reducing of Canada it will be of great Advantage to
us and our Posteryties hereafter /
I do not in the Least Doubt of your ready Compliance with the
Queens Expectations from you and your Proocedings to be Such as
will Demonstrate you Her majesties most Dutiful! and Loyall Sub-
jects in your Dispatches. /
Her majestic is at great Expence and charge in this Affaire and
hath sent Cloathing, &c : for our Souldiers and many Presants of val-
ine to our friend Indians the Mawhauks./ &c : —
His Exelencyes the Governours Expectations and Pleasure is that
all other Buisness be Laid Aside and only with all Chearfullness to
forward so good A Designe for y^ Reducing the Common Enem)^ pur-
suant to Her majesties Expections and that Care be Taken for mony
to be raised at the next Sitting of this Generall Assembly for Pay-
mentt of Souldiers Transports Sailors &c : and for all preasant Ex-
pences and charge upon the Said Expedition./
* I shall contribute what I can for Her majesties Service and * 1-12
good of Her majesties Province and hope you will Speedily
Determine what is recomended to you./ John Usher
Copy Gov''^ Letter
Gentlemen Boston 11*'' June 171 1
There is a Congress of y® Govern'' of Her Maje*^ Provinces in Con-
necticut. I Desire You to Appoynt two Persons one of y* Councill &
one Commoner from y^ House of Representatives to Attend y^ Ser-
vice of y® Province of N Hampshire to attend me thither and let them
be at my House on thirsday y*" 14*'^ Inst, and if I be Proseeded to fol-
low me — or Y Humb Serv'
To M'' Secretary Story to be Communicated to the Councill & House
of Representatives sitting —
15 the House Mett According to Adjornment Present the Same As
l6 PROVINCE OF NEW HAMPSHIRE. [l/H
on the 14 All Except M"" Wentworth — AI'' Wentworth came sone
after
M"" Secretary Story Shewed us his Excellencys Letf of y® 11* Inst
Relateing to one JNIemberof this House Attending him to Connect-
icut to the Congress There, and the Day appointed to be at his
House being past already and Considering therein He said If he
was proceeded they were to follow
We Think it very unlikely if not Impossible for any person to be of
Service.
* 1-13 We have his Excellency's Letter and * Your Hon" Speach
under Consideration and shall Endeavour the Queens & Prov-
ince Service therein With all Expedition
1 711 June 15 Voted by the House of Representatives
Sam^ Keis Clericus
May it please y""" Hon""
We haveing Considered His Excellency's Letter and Y'^'' Hon"^^
Speach In which we find that the Direction is to Raise men not ex-
ceeding one Hundred, and in one part of y^ Govern"^ Instructions
We observe the Quota of N. England is one thousand men We hum
think our Quota of that is not Eighty men But being senceable of y^
Great Advantage it may be
Voted That there be Provisions &c with one good ship for a Transport
not exceeding one hundred & twenty tonns. for eighty men include-
ing Oflficers & Saylors for the Reducing Canada &c. according to
his Excellencys Letter. And That the Treasurer be Desired to Pro-
cure the Same for three Months time and that a Proclamation for
Incouragement of Voluntiers be Issued ; for Payment Whereof We
Promise to make Provision at the next Sitting of This House.
1711 June 15^'' p"" Order of y^ House of Representatives
Copie Sam^ Keais Cle""
This Vote Xot passing the Gov : Councell Another as Copie on
other side
* 1-14 *The House Adjorned for two hours
The Whole house Mett According to Adjornment
June y^ 15'^' The Hows Is Ajorned to y^ 16^'^ 9 of y« Clock
Jun 16'^ The Howse Mett according to y* Above Ajornment Except-
ing Cap* Gillman
We haveing Considered His Excellency's Letter and y""" Hon"^
Speach in Which We find that the Directions is to Raise men not ex-
ceeding one hundred, and in one part of Her Males'* Instructions to
his Excellentcv we observe the Ouota Demanded from N. England is
l/Il] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 1/
one thousand men, We Humbly Conceive that our proportion thereof
is not more than lughty men But being senceable of y*^ Great advan-
tage the Sucksess of this T^xpedition may be
Voted That there be Raised Ninty men includeing Officers & Saylors
for y*^ Service of y^ "^sent Expedition for Reducing Canada &c anp
that the Treasurer provide a suitable Transport Ship not exceeding
one hundred & thirty tunns and three Months provisions and all
other necessary's for said Expedition (Improveing the Stores Left
in his Custody of y^ last years Expedition)
For Payment Whereof We Promise to make Provision at y® Next
Sitting of this House
171 1 June 16'*^ Passed y^ House of Representatives
p"" Sam' Keais CI""
* June 16*'' * 1-15
12 a Clock The House is adjourned to four a Clock in y^ af-
ternoon
4 : a Clock The House Mett according to Adjournment and all ap-
peared as before — Except Captayn Oilman :
The House is Adjourned to Monday y^ i8^'^ Inst. 2 a Clock afternoon
June 18'*^ The House Mett all except M"" Atkinson Maj-- Smith & M^
Wentworth M'' Atkinson Came son after and allsoe Major Smith
and M"- Wentworth
The L' Gov : sent for the House and Informed them of A leter Which
Was Read to the house that he Expected one hundred Men —
Ajorned by the Speaker Untill four of Clock
Jun 18 The HowseMett according to y^ Above Ajornmen' Exceptine
Cap' gill man :
The House Is Ajorned to tomorovv 10 of The Clock : it being y* 19***
Enstant —
Jun 19 The Howse Mett Excepting Atkinson : gillman Jeffrys Major :
Smith and Cap* Hill and Randell : M-" Atkinson and M-" Randall
Came somtime After : —
The Howse is Ajorned for 2 bowers
The Hows Mett Excepting M"" Jeffreys gilman : dudly M*^ Jefrys
Cam somtime after : —
* June 19'" The House Adjourned to the 20*'' Inst ten a * 1-16
Clock —
June 20 The Hows Mett according To Ajornment Exceptin Cap' gill-
man Major Smith : INP Jeffrys : and He Cam sone after
The House Adjourned to two of the Clock afternoon
1 8 PROVINCE OF NEW HAMPSHIRE. [l/H
The Howse Mett Excepting smith : Jeffryes giHrnan M' Jeffrys Came
sone after
May it Please Y""" Hon--
We have waited Long in Expectation of Receiveing an Answer
from his Excellency to our Vote of y^ i6*'^ Inst, for Raiseing & Sub-
sisting Ninty men includeing officers & Sayl''^ In Hopes that his Ex-
cellentcy would accept of said Vote But seing the express is Returned
and no Answer to Our said Vote And Considering the Quota ex-
spected viz' One Hundred Men Includeing Officers &c with three
months Provisions as p'' our said Vote Exprest May Advance the Ser-
vice of y'^ Expedition
Voted That there be Aded ten men with subsistance &c to the Ninty
voted for ut Supra
20"' June p' Order of y^ House of Representatives
Sam' Keais Clere^
* 1-17 * June 20*'' The House is Prorogued to the 12''' of Septemb''
next —
Memorandum That one y^ 3'' of July 171 1 Major Smith Epher-
my Mastons M"" Daniell Tilton had ther Debentors for all Their
servis one y^ Assembly from October y*^ 23 1710 to June y^ 20"^
171 1 : smith 29 days Maston 32 days Tillton 27 days : allsoe Cap'
Hill and M"" wentworth and steven Jones had thay"" debentues at
sam time as above
July 0^ 1 711 By An order from his Excellency Joseph Dud-
ley Esq^ The Assembly Was Called then present M"" Speaker Hill
Wentworth Rendell Keais Tilton Marston Atkinson Smith Jeffrey
Copie of the \
Gov : Leter \
' S"" your subsistence for your hundred men Must be for 126 Dayes
besides their subsistence on Shoar before their Departure Equal to the
Massachusets And the Agrem' of the Congress of the Govern"^
Boston July 2^ 171 1 Your Serv' J Dudley
To M"" Secretary Story to be Comunicated
lett the Assembly Sittone Day Upon this Article of Victuals, And
I Desire the Wages of men And Hyre of Ships to be As In the
Massachusets
* 1-18 * 171 1 July 6'^^ Wheras there was a Vote of this House of
y^ 16"^ & 20* Ulti° for Provideing Provisions &c for Subsist-
ing one hundred men three Months But fearing that not sufficiant
Voted That in Lieu of y^ three months Provisions there be provided
One hundred & twenty six Days provissions for one hundred Men
171 l] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I9
and that the Transport Vessells be allowed Eight shillings a Tun "^
month
July 6"^ Passed y* House of Representatives Sam^ Keais CI"
Considering there was Large I ncouragement Offered by this House
to Voluntiers that would inlist for y^ Service of the Expedition to
Canada and None Appearing thereon and that those Impress^ for the
S^ Service have had Large Incouragem' from their Cap^* & Neighb''^
w*^*' with y* Que'ns Bounty & Stated Pay we think Sufficiant.
Voted That there be Nothing Ad'ed to the Pay of Officers or Soldiers.
July 6^^ p m Pass^ y^ House Sam^ Keais Cler^
The House sent for by the Councill And prorouged Untill the 12'*' of
Sep' According to the former prorogation
* July 22*^ These of y* House Mett by vertue of An express * 1-19
from his Excellency to M"" Story : vid : speacker M'' Went-
worth Cap Hill Major Smith M^ Tilton Mastines y* Clark : Mas'
Jeffries :
Voted That an Address of Thanks be sent to Her Majesty as ffol-
lows : —
To the Queens most Exelency majesty
The Humble Address of the governour Councell and Assembly of
your majestys Province of new hampshire in New england. convend
in generall Assembly y^ 22^ of : July : 171 1 —
We Crave Leave humbly to prosterate our Selves at your Majestys
Royall feet with all Humble and Dutifull Acknowlegements of High-
est gratitude for the Expressions of your majestys most compassion-
ate Tender regard to the prosperity of your good Subjects in these
your majestys northern Plantations of America throughout the Cource
of your majestys glorious reign particularly for the Signall Instance
of your majestys Royall favour in the gracious Acceptance of our
Late Humble Addresses for obtaining an Expedition to be made for
the Reducing of Canada and freeings from those grievioues Oppres-
sions which we have Long Laboured under by the french of that coun-
try and the Salvages in their Interests into near neighbourhood to us
and that your Majesty hath been Pleased to Command the Service of
Such numbers of your skilfull Experienced Officers and Choice Troops
with so conciderable a Squadron of your majestys Ships of Warr in
this Important Affair and to Commit the conduct thereof to his Ex-
elency^ Brigadier Hill appointed by your majesty commander
in Chief and the honouralDle S"" Hovenden Walker * Admirall * 1-20
of your majestys Squdron who Happily Arrived att Boston
on the 24'*^ of June past with as Speedy a Passage as could be Ex-
pected and the forces both of the Land and Seapart in good State of
20 PROVINCE OF NEW HAMPSHIRE. [l/H
Health the acco' of which is Joyfull to us, The Preparations for the
Part of this frontier goverment in Obediance to your majesty s com-
mands for the Expedition by the Hand of the Hounorable Colon :
Nicholson : are carryed on with such Application in raising the Troops
of this province and Transports to Joyn your Majestys Squadron are
on this Day Perfect and we render our most Humble Thanks to your
Sacred majesty for the Cloaths Arms and other Acuterments for war
of your Royall Bounty Directed for the Benifit of your Majestys
Troops Leived within these your majestys goverment./
May almighty God on whom your majestys Dependance is placed
be Graciously pleacedto smile upon this noble Important undertaking
and grant Success thereto in Subduing of Canada to your Majestys
Obediance it will be a Glorious Aquisition to your Imperial Crown of
great Brittain and of unpendable benifit and Advantage to the whole
British Empire — may god be also graciously Pleased to precerve your
majestys Sacred person Long continue your Life and reign and pros-
per your majestys just arms every ware for the abaiting of the pride
of the great oppressor of Europe and that your majesty may be In-
strumentall under god to bring forward a Speedy Happy Lasting
Peace is and shall be the Daily fervent prayers of : Madam your
majestys Loyall Dutifull andThankfull Though Destressed Subjects :
July the 22"^ past by the House of Representitives
Sam^' Keais Clerk
* 1-21 * Province of \
New Hampshr j Att a Meeting of the General Assembly
held at portsmouth on Monday the 30'^ of July 1711 : Pursuant to his
Excelly
July 30'^ the Governours Letter Dated Boston the 27'^ July 1711 :
Directed to M"" Secretary Story to be Comunicated
present —
The Howse Mett Exceptinge Theophi : Dudley James Rendell &
Stephen Jones
M'' Secretary Story Brought The leter from his Excellency of the
27**^ Ins* to be Comunicated Viz :
Copia
Gentlemen Boston July 27*'' 171 1
We have the News from the french Prize Lately brought in to this
Place y' there is a great fleet from f ranee Likely to make theire Im-
pression upon this Coast and they may as Easily Look into your river
as any other place — I have had concideration of your Posture &
Judge it necessary y' the fort be Strengthend with fourty men and
lyil] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 21
y^ half of }"■■ milittia Drawn up and made ready for a march from
Hampton Exeter & Dover to y" Bank & Newcastle at a minuits warn-
ing & Desire you to send for major Smith : and agree the matter to
be made ready if you have any thing elce or farther to offer : I desire
you to write by the Post or Express as you see meet : and to come in
at the first sight of any fleet to give you notice I allow you to see the
Assembly and Acequaint them with this Letter to make provision
for the accordingly I am your Humble Servant
J Dudley
To the gentlemen of her majesties councell Newhampshire
* Voted in Councell * 1-22
That Pursuant to His Exelencys the Governours Letter
Dated the 27*'* Currant Advising the Danger of the french fleet De-
signed to visitt this Court that there Majestys fort W'"and Mary with
so many souldiers as those already Detached for that Service Shall
make the number of fourty to be raised out of the Severall companys
of militia in this Province in Equall proportion and that a Spy boat or
Two be Kept out a Crucing at sea between Cape Ann and richmonds
Island to Discover and give notice of the Approach of any fleet or
Shipps to the number of five and that the Treasurer be forthwith
Directed to provide nessesary Subsistance which by Virtue of this
Vote we promise in Due season to Ennable him to do as well as to
pay the other Charges Arrising Hereby.
30"' July 171 1 past by the Councell Cha : Story Secretary
Past by the House of Representatives Sam'' Keais Clerk —
* The house Is Prorouged According to the former prorouga- * 1-23
tion the 12*'' of September
Sepf 12*'' 171 1 The house met according to Prorogation
^sent M-- Speaker Cap^ Hill M-- Maston M-- Randall Geo Jafirey &
y'^ Clark w^'^ M'" Atkinson
Sepf 12 : The House Adjourned to y*^ 13^'^ Inst 3 a clock afternoon
Sepf 13^'' Mett according to adjournment "^sent
M"" Speaker Theo : Atkinson
Cap^ Hill Geo : Jaffrey
Ezek' Wentworth & y^ Clark —
Copy of y'^ Govern''^ Letter —
S"" I shall either be with you on thirsday next in y^ evening or on.
Tuesday the 18'^ Inst, if God Please —
I am Y°^ Hum''^ Serv' J Dudley
22 PROVINCE OF NEW HAMPSHIRE. [l/H
Let y^ Assembly be Adjourned to that Day if I come not on thirs-
day next. —
Boston 10^*^ /b"" To Secretary Story
Sepf 13''* The House Adjourned to y^ 14'*^ Inst. 9 a Clock in y^ morn-
ing.
* 1-24 * 171 1 Sepf 14*^ The House I\Iett "^sent
M"" Speaker Theod"" Atkinson
Ezek^ Wentworth James Rendall
Nath^ Hill Geo : Jaffrey
Dani Tilton & y« Clark —
Sent for by His Excellency who made y^ following Speach viz*
Copia
■Gentlemen Septemb' 14'^ 171 1
Since I saw you in may Last her Majesties ffleet & forses have
happily arrived and ben joyned with y^ forses of this and the Other
Provinces in Obediance to Her Majesties Command, and are pro-
ceeded towards Ouebeck and Other places in Possession of y* Enemy
and from whom we hope by the ffavour of Almighty God to Receive
a Good Account of their proceedings and sucksess
That which Imports us is so far to be ready for their Return as to
make provission for the just Payment of y^ Subsistance & Wadges
Due to our Quota, and that you may Enable the Treasury I have Di-
rected y^ Treasurer to lay before you an Estimate of y^ Charge,
which tho it cannot be exact will well enough put y^ Representatives
into the just Consideration of w* is necessary and which I have no
Doubt you will now provide for.
I have bin a little more early this Session than Usuall that the
Treasurer may be ready for the Return of your forses and that y*
Soldiers may not be Oblidged to make any long attendance for their
payment which will increase y® Charge
* 1-25 The Expedition of a ffrench ffleet upon the Coast * this Sum-
mer Oblidged me to Strengthen the ffort With forty men
the one halfe whereof I have lately Discharged, and shall soon re-
duce the rest to Your winter Posture —
The Ordinary Impost & Excise is near Expireing and may be a
Loss to the Revenue if it be not at this time Revived as is usuall —
I shall be Glad of Your good Agreement in every thing and shall
not be wanting in any thing in my power to put forward Her Majes-
ties Service and the Benefitt of all Her Good Subjects Depending
upon this Government. J Dudley
Ajorned for Two hours
I/Il] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 23
Sepf 14''' mett f^sent
M-" Speaker Dan' Tilton
M^ Atkinson Eph'^=' Maston
Maj"" Smith James Randall
Cap' Hill Geo : Jaffrey
M-" Wentworth the Clark
Copy of y^ Memorial of Theodore Atkinson Esq"" —
May it Please y""" Excellency —
According to y""" Excellency's Directions I have Caused a House
to be built for Covering the Carriages &c. at Her Maj'* ffort W°* &
Mary. And with the Masf Carpenter viewed What other things
were Necessary to be Done there. We found the Platforms Defec-
tive in Many places which for the present are mended but in a Little
time must be new planked. We find the Carriages of y*
Gunns very Rotton ; The Powder house will want * Caseing * 1-26
before the Snow Which with some Other Repairs is Humbly
Observed as Absolutely Necessary to be Repaired forthwith Y°'' Ex-
cellys Humb & Obediant Servant Theo : Atkinson
Read at the Councill Board.
Upon the Representation abovesaid Ordered That Jn° Plaisted &
Marke Hunkings Esq''^ be a Committe to joyn with two of y® Com-
mitte of the House of Representatives forthwith to Repair to Her
Majesties ffort W™ & Mary, and make Report of what the Charge of
such Repairations in the Representation Mentioned will Amount to.
Cha : Story Secretary
Voted That M"" James Rendall and Geo : Jaffrey be of the Committe
for this House to Joyne with the Committee for the Above Service
Sam^ Keais Clericus
Sep'"' 14'^ The House Adjourned to y"" 15'^ Inst 8 a Clock in y^
morning.
Sep' 1 5'^ Hows Mett Acording To y* Above preyrogation Except-
inge M'' Jones Dudley : and Cap' gillman Cap' gillman Came sone
after :
Copy of y^ Committe's Return
Prov : N : Hampsh""
Pursuant to the within Vote We have bin at Her Maj'* Fort W"
& Mary & Viewed the Carriages &c and ffind twenty two Wheals
24 PROVINCE OF NEW HAMPSHIRE. [l/H
Rotton one Carriage p* and all the Axelloes ; We are of opinion that
it is Necessary to have y'' Powder house Clapborded. The Charges
of Renewing y*" Carriages & of all other Repairs may am° to fifty
pounds Humb^ submitted '^ Jn" Plaisted
Mark Hunking
Geo : Jaffrey
James Rendell
* 1-27 * Sept^' 15''' 171 1 Read in Councill and the Return of y^
Committe is Allowed and Approved of. And the said Com-
mitte is appoynted to take Care and proceed in the Repairs of y*^
Severall Articles so as to be finished by March next and the
Treasurer Supply the Charges Thereof — Cha : Story Secretary
Consented to by the House of Representatives
Sam^ Keias Clark —
Sep* 15 The House Adjourned to the 17"' Inst Nine a Clock in y^
morning —
Sep* 16 The house mett according to Adjorment Excepting Atkin-
son Smith Jeffrys Dudley and he Came sone after —
The house adjorned for two hours
Mett according to Adjornment & all "^sent —
May it pleas your Hono""^
We have Perused and concidered his Exelencys Speach / we find
by our votes that we promised to Reimburst the Treasurer for Sun-
drys which according to his Estimate we think to be about eight
Hundred pounds and the other claims from M'' Tresurer and other
people that may have Just Demands Due being yet to us Uncertain./
Voted — That the Thousand pounds coming into the Treasury in
Decemb'' next be repeated for the payment of Such promises and
Debts as shall be allowed by the com*^'^ & Approved of by the
* 1-28 Generall Assembly and the rest of Debts So allowed * We
promis to make provision for payment of Att our next Ses-
soin at which time we hope care may be taken for the comitte to
make there return./
Sep"" 17"^ 171 1 Sent for by the Upper House and Prorouged to thirs-
day the 18^^ of Octob'' next, 10 a Clock in y^ morning —
Octob'' 8*'^ By an Order from his Excellency y*^ Govern' the House
met ^^sent
M-" Speaker M-" Tilton M"" Marston
M-- Atkinson Cap* Hill Geo : Jaffrey
M"- Wentworth Cap* Dudley & y^ Clarke.
Cap* Gilman M-" Rendall
I/Il] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 25
Sent for by the Councill who gave the ffollowhig Speach from y^
Govern'' viz'
?^^1^Q u 1 Gentlemen
Govern'^ Speach j
The great Hurry of Affairs Refering to y^ forces in y'= Late Expe-
dition and the Disposition of Affairs of Her Majesties forces Depend-
ing thereupon will not admitt of my Seeing of you at this
time, And the* Expiration of y"^ Act for y** Excise & Impost * 1-29
being within a few days and y® forces Returning and justly
expecting their Payment has moved me to Direct your Session at
this time.
I suppose there can be no Doubt of y® Continuance of y^ Act of the
Excise and Impost which is alhvays a branch of y^ Revenue in all her
Majesties Dominions and Plantations and we have much more need
of it at this time of So great Expences than at any time heretofore.
And if there be any other Act can be brought in to Save y^ Land
tax I Shall be alhvays ready to Doe my Duty to Her Majesty's Rev-
enue and Justice to y® Province for y^ Payment of their Debts.
I must Desire you to Enable y^ Treasury by repeating and further
Impressing so many Bills if you Chuse that way as will Pay y^ Prov-
ince Debts which must be done by an Act granting so much as is so
raised to Her Majesty for a fund for the same Least v^^e Disparage
Our Bills so as they should Loose their Currency and the Governm'
their Credit
I Pray You to Pass thro these articles in two or three Day's and I
have then Directed a further prorogation to be then Declared.
Read Octob'' the 8* 171 1. J Dudley
The House Adjourned to 9 a Clock y^ 9"' Instant.
Octob"" 6''' Met according to Adjournment '^sent
M"" Speaker M'' Wentworth Cap* Gilman
Cap* Dudley M"" Atkinson Geo : Jaffrey
M"^ Rendall Eph""^ Maston Sam^ Keis —
M"- Tilton Cap* Hill
* 171 1 Octob"^ g^^ Considering the Season of y*^ Year is so * 1-30
ar advanced as that an Invasion from the ffrench may not
probably be expected this ffall
Voted that his Excellency y^ Gov"" be Desired forthwith to Reduce y^
Number of soldiers at Fort William & Mary to the Winter posture
according to his Excellency's Speach of y^ 19* Sepf 171 1
Copia Sam" Keais Cler
Ocf 9*'^ Past y« House —
The House Is Adjorned for two bowers
3
26 PROVINCE OF NEW HAMPSHIRE. [l/H
The House Mett According to Adjornm' All present As in the
Morning —
Voted that two thousand pounds In Bills of C"" be Impressd And
Signed by the Comitte : And Applyed for payment of such D^' As
shall be Allowed by the Comitte for Auditing the province D'^ &c :
And Approved of by the Gen" Assembly ; and that A Comitte be
Appointed for Drawing An Act Accordingly
Copie Sam'^ Keais Cler :
Oct y'^ 9/1 71 1 past the house
Voted that the Act for Excise within this Province be Continued for
one year from the expiration of y^ former Act
Oob^9"'i7ii ctPast y^ House
* 1-3 1 *The Return from the Councill As A Comitte for Drawing
the Act for Impresing two thous"^ pounds &c
John Plaisted ) of the Councell
Cha : Storey ) Cha : Story Sec.
Theo : Atkinson ) of the Representatives
Copia Geo : Jaffrc}^ ) Sam" Keais Cler :
octo"' 9*'^ The Howse Is Ajorned to tomorow it beinge y*^ 10 En-
stant all to Met at 10 of y*^ Clock
Octob"" 10^'^ Met accordingly — f^sent
M'' Speaker Dan' Tilton Geo : Jaffrey
M"" Atkinson Ez'^ Wentworth Sam' Keis.
M-- Dudley Cap* Hill
Memorandum Cap^ Gilman & M"" Ephr'' Maston absented themselves
without Leave.
Voted That M"" Speaker & Geo : Jaffrey be a Committe to Joyne
with some of the Councell to view what stores &c is Returned from
the late Expedition and to Dispose of Such of them as they think
most for y^ Province advantage and the rest to be housed in y^
Maggazein
Oct'" 10''^ Past y^ house
* 1-32 * Octob'' 10* Sent for by y*^ Councill and Prorogued to thirs-
day y^ 15''' of Novemb'' 1711
Octob"" 30"' The House Mett p"" an order from His Excellcy y^ Gov-
ern"' : ^P sent
M"" Speaker Dan' Tilton James Rendle
M"" Atkinson Esekel Wentworth Geo : Jaffrey
Maj'' Smith Eph"" Marston Sam' Keis
Voted That there be An Address from this house to the Queens
Most Excellent Majesty that An Expedetion be brought on for the
l/ll] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 2/
Reducing Kanada the next spring. And that Geo : Jaffrey and
Theo : Atkinson be A Comitte to Joyne With Two of the Councell
to Draw up s'^ Address And that the Speaker Signe In behalf of
the house —
Past the house of Representatives 30''' Oct 171 1
Copia Sam" Keais Cler
The house by order of the Gov Delivered by M'' Secretary Pro-
rouged untill the 15 of Novem""
* 171 1 Novemb"' 15"' The House Mett according to Proro- * 1-33
gation '^sent
M-- Speaker Cap' Hill
Geo : Jaffrey Sam' Keis —
Adjourned to y*^ 21^' Inst. 2 a Clock in y^ afternoon
Nov'' y^ 21*'^ The house mett according to adjournment & present
Speaker Cap' Hill Dan" Tilton
Geo : Jaffry Eph^ Mastyn Sam" Keis —
Adjorned to y^ 22*'^ Ins' 2 a Clock In y^ afternoon —
Novemb'' 22^^ The House mett according to Ajorment and present.
Speaker Cap' Hill M"" Randal
Geo : Jaffry Eph^ Mastin Sam' Keais —
Adjo'^ to thirsday — y^ 29'*^ Ins' at 2 of the clock in y^ after-
noon
* Novemb'' 29'^* Met according to Adjournment "^ sent * i-34
M'' Speaker Geo : Jaffrey
Cap' Hill Sam' Keis
Adjourned to y^ thirsday y"^ 6"' of Dec''
Deb'' y^ 6''' The house mett according to Adjournment '^sent
Y^ Speaker Maj'' Smith Cap" Dudley
M'' Atkinson Dan' Tilton James Rendal
M'' Geo : Jeffry Eph^ Mastyn Sam" Keis —
Cap" Hill
The house by order of his Excellency delivered by m'' Secretary
• Story, Is Prorogued till Wensday y^ 6"' of ffeb^ —
Feb^ y*^ 6''^ The house met according to Prorogation & present
y^ Speaker Dan" Tilton Sam" Keis
M"" Atkinson Eph^ Mastyn Cap' Nathanel Hill
M"^ Jeffry M'' Dudley M^'Steaven Jons
Adjourned till Thirsday y^ 7''' Ins" att two Clock In y'' afternoon —
28 PROVINCE OF NEW HAMPSHIRE. [^7^^
* 1-35 * Feby 7"^ The house met according to adjournment '^^sent
y^ Speaker M^ Atkinson M"" Jones
Geo : Jeffry Dan^^ Tilton Sam^' Keis —
M^ Dudley Cap*' Hill
Adjorned to Thirsday y^ 14''^ Ins" att two aClock In y^ afternoon
Feby y® 14*'' The house mett according to adjournment & Present
y^ Speaker Cap" Hill
M"" Atkinson Sam^ Keis —
The house by order of his Excellency d'^ by M"" Secretary Story Is
Prorogued till tusday y^ 25''^ March, till two of the Clock In y^ after-
noon —
M.arch 25'^ The House mett according to Prorogation plan —
M'' Speaker Cap* Hill Geo : Jaffrey
Theod"" Atkinson Esq"" M'' Rendall Sam^ Keis —
Copy of y'' Govern''^ Letter Boston 17"^ March i7"/i2 —
I Doe hereby Prorouge the Generall assembly of Her Maj*® Province
of N Hampsh"" to Wedensday y^ Last of Aprill next : Given under
my Hand J Dudley
To M-- Sec'^ Story
* 1-36 * March 25"^ The House is Prorogued "^ the Govern^ Order
to Wedensday the Last of Aprill next 171 2.
March 26^^ 171 2 Memorandum that Cap* Rich'^ Gerrish m"" Geo :
Jaffrey and Sam^ Keais had theire Debentors from March the 3''
i7'7ii to March y^ 26"^ 171 2
Cap* Gerrish 56 days )
m"" Jaffrey 55 days >
Sam^ Keais 56 days )
April 30*^ The House mett according to Prorogation 'I? sent
M-" Speaker M' Maston Geo : Jaffrey
Cap' Hill M-- Rendal M^ Keais
M"" Atkinson
The House adjourned to May y^ i** 2 a Clock
Memorandum That M"" Ezekiel Wentworth M'' Steph Jones and
Cap* Nath^ Hill had their Debentors from Octob"" 23^ 1710 to May
I** 1712. Viz
Cap* Hill "I 65 days
M"" Wentworth V42 Days
M"" Jones J 18 Days
[The above^memorandum has a line drawn through it. — Ed.J
1/12] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 29
May y^ i^* 171 2 The house mett according to adjournment and —
present
the Speaker James Rendal M"" Keais
]V'P Geo : Jeffry Cap" Hill M'" Atkinson
* May y*^ 2"^ 1712 The house is adjourned to may y^ 2''^ two *i-37
a clock —
May 2^ : Memorandum That Mag' Joseph Smith Epharim Mastin
and Daniel Tilton of Hamton had theire Debentors from octob""
23"^ 1 7 10 to May i^' 1 71 2. viz^
Major Smith 25 days )
M"" Epharim Mastin 47 Days >
M'" Daniel Tilton 39 Days )
May 2'^ The House Mett according to Adjournment "^sent
M"" Speaker M'' Jones Sam^ Keis
Cap^ Hill Geo : Jaffrey M' Atkinson
The House Adjourned to Monday the 5**" Inst 10 a Clock —
May 5*'' The house Mett according to adjournment "^sent
y« Speaker M-" Dudley M"" Tilton
M"" Jeffry Mag'" Smith M"" Keis
M-- Atkinson M"" Rendal Cap" Gilman
M-- Mastyn
The House adjourned for two hours — & Mett. '^sent
M"^ Speaker Eph'"''' Maston M"" Kendall
M-^ Atkinson Cap^ Gilman Maj-" Smith
Cap* Dudley Cap' Hill Geo : Jaffrey
Dan^ Tilton M"" Jones Sam^ Keis
* 1 71 2 May 5"' Copy of His Excellency's Speach * 1-38
Gentlemen Portsm° 5*'' May 171 2
The Disaster of Her Majesties ffleet and forces the Last Year has
as we might Justly expect encouraged y'^ Indian Rebells in their In-
roads upon us and we must be content early to apply our Selves to
an usuall Method of comeing into Strict Garrissons scouting and
Marching in the ffrontiers, and to y^ filling places to prevent their
Lodging near us.
I have therefore resolved — to Double y"^ forces in the province of
meine and given orders accordingly Scince my coming hither, and
Judge itt nesseseary that there be a party, of this Province of fourty
men att least, with proper officers — to march from Kingston to Co-
checho — every two or three Days — ./ and that half the melitia be
drawn out — to Stand ready — for a march where the Enemy Shall
30 provincp: of new Hampshire. [1712
be known to Approach us with any great number — which is to be
Expected by an Intelligance from Casco bay — whicli I shall Commu-
nicate to you her majesties fort must be also Enforced — with the
Usual Number — for y^ Summer Service.
I must also recomend to you the Establishm' of the Impost which
was Abated the Last year and is certainly a Surprize to the Gover-
ments att home for that there is Every where a Duty upon Shipping
and Trade — for the Support of the publice Charge — in the Ease of
the Land Tax which is always heavy upon the Country,
In your ordinary Affairs of the Province I shall Show my Self
ready, to do my duty for her majesties Service and the Bennifit of all
her majesties good Subjects as I ought./
* 1-39 * A Petition from John Hincks Esq"" brought by M'' Secretary
Storey Directed to his Excel'^y praying that A law Suit De-
pending between himself «& John Cross Might be Stoped —
The Councell Gave there Opinion that the Action Shuld Goe on ;
And that If the s'^ Hincks hath Any thing Due from the Province
the Comitte Is to Receve his Claims & make Report thereof As they
Doe In other Province D'^
Voted A Concurrence With the Councell In this Matter
Sam" Keais Cler
The House adjourned to Tuesday y^ 6^^ Inst 6 a Clock —
May 6'h The House Mett |^sent
M'' Speaker Cap^ Gilman Sam' Keis
Cap' Dudley Timo Gerish Maj"" Smith
M-- Rendall M'-Tilton Theo : Atkinson
M"^ Maston Cap' Hill Step : Jones
Geo : Jaffrey
Upon y® Death of M"" Ezekiel Wentworth Cap* Timothy Gerrish
was chosen a Representative for the Town of Dover, and Sam' Pen-
hallow Esq' came w'*" M"" Secretary Storey and Qualifyed y^ Said
Cap' Tim° Gerrish by Administering the Oathes &c Appoynted.
And the S'' Cap' Timothy Gerrish is Admitted a Member Accord-
ingly—
* 1-40 * Voted That his Excellency be Desired to Give Orders for a
Scout of forty men between Kingston & Chochecha with
Good Officers to Command them for the Security of Our Fron-
tiers by Order of the house of Representatives May 5"^ 171 2
May 6^^ The Councell Concured w'*" this Vote —
The Petition of Sam' Foulsom & Elias Phiibruck Read in y*' house
and Agreed w"^ y^ Order of y*" Gov"" & Councill that they be Dis-
I712] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 3I
charged from y* Payment of any Tax to either of the Tt)wns of
Portsm° & Hampton untill the Town Bounds be Settled
Voted That there be twelve Soldiers att Her Majesties Fort at New
Castle for the Summer Service (i e) Seven ad'ed to the five now
there —
The House Adjourned for two hours
The house mett according to adjournment
Read The Peticion of Nath^ Ware Esq'' &c of y^ ffalls Parish in
Hampton, & It is the Opinion of this House that the Peticioners
be Referred to y*^ Generall Town Meeting of y^ Town of Hamp-
ton.
* May 6^^ 171 2 Voted That for the Incouragement of Trade * 1-41
This Port be free from any Imposition.
■^ Order of the House of Representatives —
The house Adjorned by the Speaker Untill the 7*"^ 9 of Clock
May y'^ The House mett. "^sent
M"" Speaker M"" Tilton Geo : Jaffrey
Maj-^ Smith M"" Rendall Cap* Dudley
Cap* Hill The. Atkinson Eso/ Sam' Keis
M*" Jones Eph""^ Maston Cap* Oilman
Cap* Tim° Gerrish
The House Adjourned for two hours —
The House mett & present
y^ Speaker M'' Tilton Geo : Jaffry
Mg"- Smith M' Rendal Cap" Dudley
Cap" Hill Cap" Attkinson Cap" Gilman
M'' Jones Eph^ Maston Sam'' Keis
Cap* Tim° Gerrish
Salathiel Denbo Receiveing a "Wound in the Expedition to Canada,
Which was Recommended to this House by y® Gov'' & Councill for an
allowance for Subsistance & Satisfaction.
Voted That there be Pay'd unto y^ S*^ Denbo from y"^ Treasury Ten
pounds, for Subsistance & Satisfaction
May 7*'' pr Order of y^ House
* Adjorned by the Speaker to the 8*'' Ins* nine of Clock "*• 1-42
May y^ 8*'' The House mett & Present
Y^ Speaker M' Mastyn M"" Tilton
Mag-" Smith M-" Jones M-" Keis
Cap" Dudley M'' Rendal M-- Atkinson
Cap" Gilman Tim° Gerrish Geo : Jaffrey
adjorned for two hours —
32 PKOVIXCE OF NEW JTAMPSHIRE. [1/12
Returned According to Adjornm^ Present the Whole house
Haveing Perused the Committe's Return in which they Refer the
Muster Roles of Coll" Wallace & Cap' Jeffries to the Gen' Assembly
which Muster Roles are Allowed. But we find in the Portlige Bills of
the Transports Severall Persons that are in the Muster Roles viz'
Cap' James Jeffries Sam' Penhallow Aron Ingram Abr^ Remmick
Abr=» Clark Salathiel Denbo. We allow for their Service in the
Transports.
Voted To Pay James Jeffries & Sam' Penhallow each five pounds &
to y'= other four forty shillings each to be aded to their Wadges in
y^ Muster Roles and is in full for their Service in y'^ Vessells afore-
said.
May 8"^ p' Order of y"^ House
* 1-43 * j'^l^y 8"" 1 71 2 Adjourned by the Speaker to y^ 9"' Ins' Nine
a Clock —
May 9''' The House melt %?sent
M"" Speaker Cap' Hill Geo : Jaffrey
Maj'' Smith Cap' Dudley Sam' Keis
M"" Maston M"" Jones Cap' Tim° Gerrish
M'- Tilton Cap' Gilman M"" Atkinson
In Answer to the Peticion from Kingston
Voted That the Town of Kingston be exented from sending a Rep-
resentative and Paying any part of the Province Charge for the
persant Year Provided they assist the Scouts with Pilots at their
own Charge when ever Required.
May 9"' p"' Order of y*^ House —
Adjourned by y^ Speaker for two hour'es —
The House mett all f^sent except M' Rendall & M"" Tilton
Voted That Every Minister of this Province being Caled and Ouali-
fyed by law Shall have A Serv' free from Any Impress
by order of the house of Representatives
Copia Sam" Keais Cler
Adjorned to the 10''' 10 of Clock
* 1-44 * May 10"' The House mett ^ sent
M' Speaker Cap' Tim° Gerrish Cap' Hill
Cap' Dudley Geo : Jaffrey Cap' Gilman
Maj^ Smith M"^ Maston Sam' Keis
M-- Rendall M-" Jones The : Atkinson Esq
Voted That there be Pay'd to Ab" Rymack forty shillings more
than is allowed in y^ Muster Role it being for Service on board a
Transport
I712J JOURNAL OF THE HOUSE OF REPRESENTATIVES. 33
May TO''" p"" Order of y^ House —
Voted That M'' Atkinson be Allowed thirty pounds for his service
At her Majestys ffort in the Year 171 1 Which Is In full of the
fift}'' two pounds he Claimed In his Muster Roll
Copia
Adjorned by the Speaker for Two hours
The House Mett at Time —
May 10''' The Committes Return & y'' Acco*^ Examined and Al-
lowed. Am° to Two thousand five hundred eighty four pounds
ten shill : 2d
* May 10*'' 1712 Voted That the Claim of M"^ Rich'' Partridge * 1-45
be Referred to the Com'itte for Auditing y*^ Prov : Acco*^
Two Votes sent up Viz :
one to Impower the Select men to Inspect and order the Children
of their parrishes As 1^ Vote on file
That All persons Refuseing or Neglecting to Obey the Comand of
their Officers In Anv Millctary Station be Sent to the fort As '^
Vote —
The Return of y^ Com'itte in May 1711 allowed to Maj"' W°*
Vaughan two hundred pounds provided Coll° Partridge makes it Ap-
pear to the Generall Assembly that he did not Receive that Sume for
or on Acco* of y^ S'^ Maj"" Vaughan
Voted That on y^ Certificate of Colb' W'" Partridge that he hath not
Rec'^ the aforesaid Sume for Maj'' Vaughan That the S'^ Maj""
Vaughan Shall be Pay'd Two hundred pounds out of the first
Money that Comes into the Treasury after the Debts this Day al-
lowed to be Due are Pay'd.
May lo''^ p'' Ord"" of y^ House —
* May 10^^ 1 71 2 The House sent for by the Govern'' & * 1-46
Councill & Prorouged to thirsday y® 12'*^ of June 171 2
May 10"' 1 71 2 Memorandum That Cap* Nath^i Hill M"^ Ezekeil
Wentworth and M"" Stephen Jones had there Debentors from Octob''
23"^ I7ioto May 10"^ 1712 Viz
Cap* Hill — 73 days ^
M"' Wentworth — 37 days V
M"" Jones — 25 days j
May 10"^ 1 71 2 Memorandum That Cap* The" Dudley and Cap*
Nicholis Oilman had there Debentors from march the 8*'' 17 '°/
to May lo**" 171 2
Cap* Dudley 36 Days
Cap* Oilman 23 Days —
34 PROVINCE OF NEW HAMPSHIRE. [^7^-
June 12''' 17 1 2 The house mctt according to Prorougation present
y« Speaker Cap' Kill M' Randall
M"" Tilton Geo : Jaffrey Sam' Keis
Cap* Tim" Gerrish
Adjourned to thirsday y^ 19* Inst 2 a Clock p m
* 1-47 * May [Jwne] 19"' 1712 The House mett according to Ad-
journment & Present
y« Speaker M"^ Randall M"" Tilton
i\P Geo : Jeffry Cap" Hill M' Keis —
The house is Proroug'ed by y^ Govern"'*' order to Wensday the 16'''
of July Next 171 2 —
July 3^ Memorandum M'' The""^ Atkinson Esq"" had his Debenture
for Service Done on the Assembly from feb"" y'' 2'^ i7'°/n ^^ June
ye 3d 1 7 1 2 — 55 Days —
July 3d Memorandum that M'' James Randal had his Debenture for
Service Done on the Assembly from feb"" 2'^ 1710:11 to July 3'^
1 71 2 43 Days.
July y*^ 16"' 1 71 2 The house Mett according to Prorougation pres-
ent
y^ Speaker Cap" Hill Tim° Gerrish
M^ Geo Jaffry Cap" Gillman M"" Keis
Mr Rendal
Adjourned to thirsday y^ 24''' Ins" 2 a Clock
* 1-48 *July y^ 24''' 1712 The house mctt according to Adjourn-
ment & "^sent
y^ Speaker Geo : Jeffry Sam'' Keis —
The House is Prorouged by y^ Govern""^ order Communicated by
m'' Secretary Story till Wensday y^ 13''' Augs" next two of y^
Clock —
Augs" y^ 13''' 1 71 2 The house mett according to Prorougation —
& Present
y^ Speaker Geo : Jaffry Mag'' Smith
M^ Aatkinson W Rendal Sam" Keis —
Adjourned by y*' Speaker to Thirsday y'' 14"^ Ins" 2 a Clock
Aug^' 14th -pj^g House mett %}sent
M-- Speaker M-" Kies
M"" Atkinson Geo : Jaffrey
Adjourned by y^ Speaker to thirsday the 21*' Ins' at two of y^
Clock
1 71 2] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 35
Augs" 21*'' 1712 The house matt & p^sent
y'' Speaker Geo : Jeffry Sam" Kcis —
Cap" Hill M"- Atkinson
* The House is prorouged by y^ Govern''^ order & Communi- * 1-49
cated by m"" Secretary Story till wensday the 24*** Septe"" next
two of y" Clock —
Sepf 24*'' The House mett '^sent
J\P Speaker Mr Maston M^ Clark Keis
Cap' Dudley M"" Atkinson Geo : Jaffrey
The House Adjourned to thirsday y*^ 25"' Inst By y'^ Speaker at 2 of
y"' Clock —
25''' The House mett ^sent
M"" Speaker Geo : Jaffrey Sam' Keis
Adjourned by y'^ Speaker to thirsday the 2^ of Octob'' next Insue-
ing — At 2 of y" Clock
octob'' 2^ The House mett & present
y^ Speaker Eph'' Mastyn M"" Atkinson
Geo : Jeffry Sam" Keis
Adjourned by y^ Speaker to thirsday the 9th of Octob'' next att 2 of
y^ Clock
* 1 71 2 Octob"" 9''' The House mett According to Adjourn- * 1-50
ment "^sent
M"" Speaker Eph--'-^ Mastin Dan' Tilton
The : Atkinson James Randall Geo : Jaffrey
Theo : Dudley Nath' Hill Sam' Keis
Gentlemen 9*'' October 171 2.
I am Glad to meat You after so Difficult a summer wherein we
have had so many Inroads of y^ Enemy on all sides by which not-
withstanding we have suffered so little Loss. I am senceable of y*
great Dilligence of the Officers and faithful! Service of y*^ scouts and
parties at all times abroad for which I Doubt not of y°'' Care in
their Payment as well as to let them know that their Service has bin
very Acceptable to y^ Government.
I can allso Assure You that we are not forgotten at Home ; Her
Majesty in her Princely Wisdom and Care for her good subjects in
y* Provinces of North America, has brought forward a Peace with
ffrance upon such Honourable and Advantagious Articles That will
36 PROVINCE OF NEW HAMPSHIRE. [l7I2
in all parts of >'*= world where Brittans dwell Demonstrate Her Majes-
ties Superiour Interest and Power in y^ Goverment and Decission
of y'= Affairs of Europe, which wee are in expectation to Receive and
will bring to us the blessings of Peace which Every good man will
have y^ Joy of. Coll° Rednap Her Majesty's Engineer Lay's before
you the Repairs and works at Her Majesties ffort W"' & Mary in
which I am well assured of his good Husbandry, and think it
* 1-5 1 best that Your Committe * of those works make their Vissitt
there and Report to you with Coll° Rednap what is Remain-
ing necessary to be Done.
M'' Tereasurer will give You the present state of Y""" Debts and
what is necessary.
You will bring forward such affairs of y*" Governm" as are before
you in which I shall not be wanting to Doe my Duty to Her Majesty
and all Her good Subjects within This Goverment. —
The House Adjourned to y^ 10*'' Ins" ^ y^ Speaker 9 a Clock in y^
morning —
Octob"" 10''' The House mett ^sent
M"" Speaker Cap* Gilman Geo : Jaffrey
The. Atkinson James Rendall Sam^ Keais
Thop : Dudley Ephr^ Mastin Cap* Tim" Gerrish
Step. Jones Dan^ Tilton
P rs c ] [ May it Please Y'"' Excellency
Wee are Glad to See Your Excellency Here with y^ wellcome news
of an Approaching Happy Peace And are Thankfull to y*" Ofificers
for their ffaithful and Dilligent Attendance on the Scouts this Sum-
mer, and shall take Care for their Payment so soon as their Muster
Roles shall be allowed of. Wee are well satisfyed with Coll° Red-
knaps Acco* of his ffrugally Disposeing of y^ money for y^ Service
of Her Majesties ffort W"" & Mary and shall appoynt a Committe of
our House to Joyne with that of y^ Councill to view y^
* 1-52 works and Report what is further necessary* to be Done.
We shall Consider of y^ State of y^ Province and take Care
to Provide Money to Discharge y« Debts. And we shall with all
Dilligence forward y^ Affairs of the Province That are Depending — •
Adjorned by the Speaker for two hours
The House mett and all present as in y^ forenoon. —
The House Adjourned by y^ Speaker to y^ 1 1*^ Ins' 9 a Clock.
I712] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 37
Ocr 11^'^ The House mett ^sent
M'' Speaker James Rendall Cap' Gilman
Maj"" Smith Geo : Jaffrey Eph'"'' Mastin
Cap' Hill M"" Jones Sam* Keais
Cap' Gerrish Dan^ Tilton Theo : Atkinson
Cap' Dudley
The Peticion of Hampton ffalls People in Relation to a Schole Read
in y^ House and Concured w"^ y^ Order of y^ Gov"" & Councill to give
them an hearing on tuesdaynext lo A Clock Ante Meridiem
* Copy of Coll° Partridges Certificate Relateing to 200 Due * 1-53
to Maj"" W" Vaughan
Ocf ii''^ 1712 These may Certifye Whom it may Concern that the
two hundred pounds allowed to Maj"" W" Vaughan of y'^ Province
of New Hampshire aforesaid for agency as Appears by the Com-
mittes Return for Auditing the Publique Acco'^ in may 171 1 was
Never Received by me of the Government of the said Province
nor Pay'd by me to the said Maj'' Vaughan ; as Witness my Hand
the thirteenth day of August Anno Domini 171 2
W"" Partridge
Allowed by y^ House —
Upon Consideration of the state of the Province and finding that
Considerable summs will be Quickly Due.
Voted That The Thousand pounds that is to be Pay'd into the
Treasury in Decemb*^ next Be Continued And that There be an
Impression of five hundred pounds in Bills of Credit by y*^ 8'^ of
March Next for the Payment of such Debts as shall be Allowed of
by y* Comitte for Auditing y'^ Prov : Acco'® and Allowed of bv y*^
Generall Assembly. —
The House Ajorned to Monday y^ 13^* Instant : by y® speaker all to
Mete at 9 of y^ Clock
* 1712 Octob"^ 13''' The House mett '^sent * 1-54
M'' Speaker Dan* Tilton Geo : Jaffrey
Theo : Atkinson Ephr-^ Mastin Sam* Kaeis
Cap' Gerrish M"" Rendall Cap' Dudley
Cap' Hill M-- Jones Maj'- Smith
The House Adjourned p*" y^ Speaker to 2 a Clock after noon
The House mett & Present ut supra — .
The House Adjourned p'' the Speaker to y^ 14"' Ins' 9 a Clock —
38 PROVINCE OF NEW HAMPSHIRE. [^7^~
Octob'- 14^'^ The House mett ^sent
M^ Speaker The. Dudley M-" Kendall
Dan' Tilton Maj-- Smith Geo : Jaffrey
Eph"-" Mastin Cap' Hill Sam' Keis
Cap' Gerrish M^ Jones Cap' Gilman
Haveing had Severall Debates in y^ House about Impost & Export
Voted That There be no Impost nor Duty on Exportation in y«
Province but that it be a ffree Port —
* 1-55 * 1 71 2 Octob'' 14''' The Peticion of Rich'' Sloper Read in the
House —
Ordered that Ambross Sloper be notyfied to attend y^ House in y^
afternoon at three a Clock That an Answer to y^ Peticion may be
Proceeded on. —
The House Adjourned p' y'^ Speaker to 2 a Clock —
The House mett f sent
M'' Speaker James Rendall Sam' Kaeis
Dan' Tilton Cap' Hill M-" Jones
Cap' Gilman Eph-"^ Mastin Maj"^ Smith
Cap' Gerrish Cap' Dudley Theo : Atkinson
Geo : Jaffrey
The Peticion of Jn° Cutt & his Guardians for Impowering him
(being under age) to Dispose of p' of his Lands for Paying his Debts
& Subsistance and Repairing his Houses &c. Read, and Concurred
w"^ y*^ vote of Gov'' & Councill to grant his Requests —
The House Adjourned p'' y^ Speaker to y*" 15"' Inst 9 a Clock
15 Oct : the Whole house Mett According to Adjornm'
Upon Consideration of y^ petsion of Richard Sloper relateing to his
sone Ambros Sloper : and Hearing y^ Allegations of both par-
ties
* 1-56 * Octo'' 15''' 1712 Then Major Joseph Smith M'' Ephrimy
Mastins and M'' Daniel Tilton had their Debentors for
Ther servis one y^ Asembly : from July y" 13 : 1711 : to octo'" 15
1712 :
Tilltom 66 — Mastins 69 : days
Major Joseph Smith : — 41 : days
Adjorned for two hours
Returned as in the Morning
Octob"' 1 5"^ The house Sent for by y^ Govern'' & Councill & Pro-
rug'ed to Wensday the 10"' Deb'' next 171 2 —
171 -] lOUKNAL OF THE IR^USE OF REPRESF:NTATIVES. 39
Deb"" 10''' The house mett according to Prorogation Present
y*-' Speaker Mag'' Smith M-^ Keis
M-- Jeffry Cap" Hill M' Atkinson
The House is Adjourned to the ii"" Ins" two of y'' Clock In y^
after noon
Deb"" 1 1^'' The house mett according to Adjourmcnt present
y^ Speaker M-" Tilton Cap" Hill
M-- Geo : Jeffry M-- Keis M'' Rendal
M"" Atkinson Cap' Oilman M"" Mastyn
Mag"^ Smith
The house is adjourned to thirsday y° i8* Ins" two a Clock
In y^ afternoon * i-57
* 1 71 2 Dec"^ 18''' The House mett "^^sent
M-- Speaker Cap' Hill Geo : Jaffrey
M'' Atkinson Cap' Gerrish Sam' Keis —
M"" Mastin
A Proclamation for y^ ascertaining the currency of silver money.
Past.
p"" Order of y^ Govern'' The House is Prorouged to Wensday y*^ ii"'
ffeb"^ next. —
Memorandum y' Cap' Nathanel Hill and M'' Steaven Jons has reseavd
Their Debentors for servis Done one y^ Asembley : from May lo'*^
171 2 : to Desem'' y*" i8"^ 1712 : Cap' Timothy gerish had his Deben-
ter for his serv^es one y^ Asembly from ma)^ y'^ 6 171 2 to Desembr
18"^ 1712
Hill 27 days M"" Jones : 09 days Timoty geri'' 25 days Desember y®
18"^ 1 71 2
171 2 ffeb'' II''' The House mett According to Prorogation '^sent
M"" Speaker Geo : Jaffrey Cap' Hill
The : Atkinson Esq"" Sam' Keis M'^ Jones
Ephraim Mastyn
p'' Order of y"^ Govern'' of y*^ 8"' ffeb'' The House is Prorogued to y^
18"^ of March next Insueing
17'V March 18"^ The House Mett according to Prorogation "^sent
M"" Speaker Geo : Jaffrey M"" Atkinson
Cap' Hill Sam' Keis
Adjourned by the Speaker to y^ 19"' Inst.
40 PROVINCE OF NEW HAMPSHIRE. [l/IS
* 1-58 * March 19*'' The House mett ^sent
M"^ Speaker Sam' Keis
Geo : Jaffrey M-- Atkinson
p'' Order of his Excellency y" Govern'' The House is Prorogued to
Wendsday y*= 15"' Ap^ next.
March y^ 19"^ '^7^' lis Memorandum That Cap' Richard Gerrish M""
georg Jeffryes and Samuell Keais had their Debentors from y'^
26"^ of March 171 2 To March y« 19'^ i/'Vis
Cap' gerish 44 day
M"" georg Jeffry 44
Sam' Keais 44
Aprill 1 5''' The house mett according to Prorogation & Present
■ y^ Speaker Sam^' Keis Geo : Jaffrey
Cap" Hill James Rendall Theo : Atkinson
The house is Adjourned, to y® 17''^ Ins" att two of y^ clock In y®
afternoon —
Aprill 17''' The house mett according to Adjourment "^sent
y^ Speaker Geo : Jaffrey M"" Atkinson
Cap" Hill Sam'i Keis
The house is adjourned to thirsday y*^ 23^^ Ins" att two of y^
Clock —
* 1-59 * Ap' 23'' The House mett "^sent
M"" Speaker Cap' Hill Geo : Jaffrey
Theo: Atkinson Esq"" Maj*" Smith Sam' Keis
Copy of a Lett'' from y'^ Govern''
Gentlemen Boston 20"^ Ap' 171 3
M"" Secretary Storey by this Post acquaints me of y'' adjournment
of y® assembly to thirsday y® 13"^ Inst. The Last Session of y^
assembly Left a Committe standing to Adjust y^ Province Debts
which I Presume have accordingly proceeded and if these Acco'^ be
past thro I then Direct the assemlaly to sett thirsday and fryday if
need be to agree and Pass the Return of y^ said Committe by y^ Rep-
resentatives and y^ Councill if it can be then finished and from fry-
day Evening
I Do Hereby prorogue y^ Generall Assembly to Wedsday the 13"'
of May next. Given under my Hand
J Dudley
171 3 JOURNAL OF THE HOUSE OF REPRESENTATIVES. 4I
Communicate this Letf to y^ Representatives It will be very
pleaseing to me that y° Debts of y*-' Prov : be adjusted that we may
know what we owe that a Happy Peace may make us Easey —
To M-" Sec"" Storey —
The House Adjourned by y" Speaker to fryday y^ 24''' Inst — 1 1 a
Clock —
Apr' 24"* The house mett according to adjournment and Present
y^ Speaker M"" Jaffrey Dan" Tilton
AP Atkinson Maj"* Smith Sam" Keis —
Cap" Oilman
p"" order of y*^ Govern'' the house Prorogued to Wensday y*" 13^'^ of
May next —
* 1713 May 8"' The House Mett f Order of y« Govern'' * 1-60
^sent
M"" Speaker Cap' Tim" Gerrish Cap' Oilman
Maj'' Smith M'' Atkinson Geo : Jaffrey
Cap' Hill Eph"'^ Maston Sam' Keis —
Dan' Tilton
Copy of y® Govern''^ Lett'
Gentlemen Boston May 4"' 171 3
I some time since Directed y^ Assembly of y*" Prov : of N. Hamp-
sh"" to meet to Pass y^ Acco'* of y'' Debt of y'= Prov : prepare'd by
their Committe which being not yet done I Do again allow them to sit
a fryday y'' Eighth Inst, to Doe and pas thro that affayr in fryday
and Satturday y*^ Prorogation notwithstanding that at my Comeing
y^ Week after I may have the Less Interruption in y'^ Generall affairs
of y* Peace with y® Indians which I hope may Come forward and Ac-
cordingly with Your Agreement M'' Secretary May Summon the
Assembly upon y^ said fryday next and after Passing y'^ Accounts y''
Prorogation Lately Directed to Continue. I am
¥'"■ Humb' Servant J Dudley
To y'^ Gentlemen Her Majes'^ Councill in N Hampsh'' —
The House adjourned by y'^ Speaker to y 9''' Inst Eight a Clock
in y^ morning —
9'^ May Mett According to Adjornm* present all As Yester-
day The Comitte for Examining the province Claimes
* Made there Return of The Province D'^ In which they * 1-61
Refer two Muster Rolls N° (15) & (17) to the Assembly
4
42 PROVINXE OF NEW HAMPSHIRE. [l/IS
Which two Muster Rolls Is not Allowed by the Assembly
Cap^ Timo Gerrish Muster Roll Allow<^ five pounds sixteen shil-
lings & 8^ —
The Return of the Comitte Is Approved by the Representatives
with the Addition of the Afors'^ sum to Cap' Timo : Gerrish of
jC$ : i6: 8 And Voted to be sent to the Councell being in X° 44
Acco*-' And MusterroUs Amounting to the sum of Comitte* Return
;£T 1 1 1 1 : 15: —
Gerrish ; : 16 : 8
^: 1 1 1 7 : 1 1 : 8
M'' Geo : Jaffrey Chosen Cler : protempore Coll Vaughan^ Muster
Roll not all Allowed Untill he Give the Names of six men he puts in
the last of his Roll Suma Six pound As Noted by the Comitte N'^ (22)
The house prorouged by the Secretary Untill the 18 of June Next
* 1-62 * 1 71 3 June y® iS'' The House mett according to Proroga-
tion and Present
Speaker Cap' Hill AP Jaffre}-
M"" Jones Cap' Gerrish ]\P Keas
Ephr^ ^Mastyn
The House is adjourn'd till Thursday y^ 25° Ins'
June v^ 25 The House mett according to Prorogation and Present
'SU Speaker Ephr' Mastyn M"" Jones
M' Taffrey M"" Keas Theo : Atkinson
W Rendall Cap' Hill
"^ order of his Excellency y^ House Prorog'^ to Wensday y* 8
July next.
July y^ 8*^ The House mett according to Prorogation and Present
M' Speaker M"" Keis M'' Atkinson
M^ Rendall Eph^ Mastines
The House is Adjourn'd till Thursday y^ 9° Ins'
Julv y^ 9 The House mett according to Adjournment and Present
^p' Speaker Cap' Hill M^ Keies
:\P Jones M"- Rendall W Atkinson
The House is adjourn'd to Fryday y^ 10 Ins'
* 1-63 * July 10*^ The House mett according to Adjournment and
Present
yV Speaker Cap' Hill
M^ Jones M' Keis
The House is adjourn'd to Monday y- 13''' Ins'
July y* 13 The House mett according to Adjournment and Present
^7^3] JOURNAL OF THE HOUSE OF KEFRESEXTATIVES. 43
iM' Speaker M"- Rendall M"- Keis
APJaffrey M-" Mastin Mag"" Smith
M"" Jones M"^ Tillton M-" Atkinson
Cap^ Oilman
The House is adjourned for 2 hours — Mett Accordingly —
Copy of y'^ Govern''^ Speach
Gentilmen July y'^ 13" 171 3
I have delayed your comeing togeather, Untill I might have y^
honour and Satisfaction to give you the News of a happy and well
Established peace, brought to pass by Her Majesties wise Councill,
and prosperous Arms, of w*^'' we have already y* Assurance, and daily
Expect Her Majesties Comands to Make it publick.
And in pursueance thereof, I have now attending me Several of y^
Indian Sachems & Deligates making their own Submission and pray-
ing to be restored to Her Majesties ffavour, and y^ ffriend-Shipof Her
Majesties Goverment of these provinces, the Issue of their Atten-
dance I Shall Communicate to you.
Sometime Since there was a Committee of y'^ Council, and Rep-
resentatives to revise the Laws of y*^ Province now in fforce,
* and to make a fair Copy of them, and to offer Such other * 1-64
Laws as might be necessary in order to there being
humbly Submitted to Her Majestic and the Review & Reforme of y^
Right Honourable y^ Lords of the Council of Trade and plantations,
I disire their report may be now taken and we may proceed therein
accordingly. —
I must againe w''^ all Earnestness recommend to you y'' Revival of the
Impost & better Goverment & collection of y® Excise there is no Col-
lony or Goverm* belonging to y^ Crown of Great' Brittaine y' pretends
to an open Port or y' doe not bring in y*^ Trade or Merchandize of
their Provinces to aid the Land Tax for y® payment of y^ heavy
Charges of the warr w'^'' is as needfull in this province as any other
Her Majesties Goverments y^ neglect and inequallity whereof will I
fear justly offend Her Majestic as well as disturb y^ other Goverments
on y® Shoar of America.
I Suppose you will think it a proper time for the assembly most
humbly to Address Her Majestic E!pon y^ notice of the Peace, in w"^''
I Shall hartily Joyn w"^ you The Treasurer will give you y*^ State of
his office & what is wanting.
whatever is before you for y^ benefit of y^ Province and Her Majes-
ties Service I Shall putt forward as is my duty
44 PROVINCE OF NEW HAMPSHIRE. [l/IS
The House mett according to Adjournment & Present
M-- Speaker M"" Jones M-" Thing
Mag^ Smith Cap' Gihnan M-" Kendall
M"- Jaffrey M-- Tillton M"^ Keis
Cap* Atkinson W Mastyn
The House is adjourn'd to y^ 14 Ins' ten a Clock in y« morning —
* 1-65 * July 14'^ The House mett f sent
M'' Speaker Cap' Oilman M"" Rendall
Maj"- Smith W Maston M"^ Atkinson
Cap' Hill M'^ Thing M^ Tilton
Cap' Tim" Garesh M"" Jones Geo : Jaffrey
Sam' Keis
M'' Sam' Thing was Qualified a Member of y'' House in y^ Room
of Theophilus Dudley Esq'' of Exiter deceased —
* 1-66 * Voted Theodore Atkinson Esq"" & George Jaffrey a Committe
to Joyne w"" y^ Committe of y^ Upper House to Draw up a
Congratulatory address to y^ Queen upon y'^ News of a Peace —
The House is Adjourned to y^ 15"' Inst 9 a Clock
July y* 15"' The House mett according Adjournment and Present
M"- Speaker M-- Mastyn M"- Keis
Mag' Smith M-" Jones M-" Jeffry
Cap' Gilman M-" Tillton Cap' Hill
Cap' Gerrish M"- Rendall M"^ Atkinson
M-^ Thing
Upon a Due Consideration of an Act of Impost
Voted That there be no Impost for y® Insueing year
Past by y^ House Sam" Keis C-"
The House is Adjourn'd for two hours
The House mett according to Adjournment and all Present as in
y^ morning.
The House is Adjourned to y^ 16 Ins' 9 a Clock —
July 1 6'"^ The Hows Mett : acording to Ajornment : Except Cap'
Hill, and : M^ Georg : Jeffryes : M'' Jeffry Come sone after
Voted That Jn° Plaisted Marke H unking & Jn° Went worth Esq"^ be
a Com'itte for this Province to Joyne w"' a Com'itte that shall be
Appoynted by y« Generall Assembly of y® Massathusetts to run y^
devideing line between the Provinces According to the Royall
Charter Granted to the Massathusetts
* 1-67 * The House Is Adjorned for 2 howers
I713] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 45
The Howse Met according to Ajorment E.xcepting Cap' Hill and
M"" Jeffrys : M'' Jeffry Came sone after
The House is Proroged to Wensday y'^ 2 of Sep' @ 10 Clock in y^
morning. —
Memorandum upon the 16''' day of July 171 3 that M"" The" Dudley
and Cap' Nichols Oilman Took out there Debentors from the tenth of
may 171 2 to the day above S'^
Nicholis Oilman 29 days
The" Dudly 13 d
May It Please your Excellency. —
M'' Trreasurers Memorial Is before Us by w* Wee find the Province :
Is In D' but In the Same Wee find ometed What goods Wee Left
at Anopolis and sundry^ In his hands which Wee ought to have : C*^
for — Wee have ben Considering Many Ways, to Raise Money for
the payment of What Shall be Due In Decemb'' next but Cannot att
present know What the Sum Is ; before which time Wee hope there
May be a Wav for Raising the money then Due
Voted That the Excise be Continued for one year
* 1713 Sepf 2^ The House mett according to Prorogation * 1-68
"^sent
M^ Speaker Geo : Jaffrey M"- Atkinson
Maj'' Smith Eph"* Mastin Sam' Keis
The House is Adjourned to y*^ 3"^ Inst 2 a Clock afternoon —
Sepf 3''' The House mett according to Adjournment — p''Sant
M"" Speaker " M'' Oaffrey M"" Atkinson
Mag"" Smith M-" Mastin Sam^' Keis
The House is adjourn'd to Thursday y® 10 Ins' @ 2 a Clock in y^
afternoon
Sepf 10''' The House Mett "j^sent
M-- Speaker M-" Rendall Oeo : Jaffrey
Theod"" Atkinson Eph''"' Mastin Sam' Keis
The House is Adjourned to thirsday the 17"' Ins'
* Septb"" 17"^ The House mett according to Adjournment — * 1-69
p''sent
ye Speaker Cap" Hill M"^ Keis
M"" Oeo : Jaffrey M-" Rendal M"" Atkinson
The house Is by his Excellencys Letter prorouged Untill Wensday
the fourteenth of October Next
46 PROVINCE OF NEW HAMPSHIRE. [^7^3
octob"" 14"^ The house mett according to Prorogation and "^Sent
y« Speaker Cap" Gihnan Sam" Keis
Geo • Jaffrey M-" Rendal Atkinson
Cap" Hill
The house is adjorned to thursday y*^ 15 Ins" —
octob'' 15''' The house mett according to adjournment ^Sent
y" Speaker Cap" Hill Atkinson
Geo : Jaffrey Sam" Keis
The house is adjourned to thursday y^ 22"' Ins" —
Ocf 22<^ The House mett. '<^Sant
M"" Speaker Theod"" Atkinson Esq'' Geo : Jaffrey
Cap' Hill James Rendall Sam^ Keis —
Eph' Mastin
p"" order of his Excellency the House is Prorouged to Wedensday y^
28"^ Instant.—
* 1-70 * Octob'' 28 The House mett according to Prorogation and
f sent
y^ Speaker Ephra"' Mastyn Sam" Keis
Theod'' Atkinson Esq'' Nath" Hill James Randel
The House is Adjourn'd to Tuesday y^ 4 Novb""
nob"" 4^ The house mett according to adjourment ^sent
v^ Speaker M'' Geo : Jaffrey M' Sam' Keis —
Theod'' Atkinson Esq'' Cap* Nath" Hill
The House is Adjourn'd to Wensday y^ 11"' Ins" —
Nob'' II''' The house mett according to Adjourment '^''Sent
y^ Speaker A'P Geo : Jaffrey
M^ Sam" Keis Cap" Hill
The house is adjourned to wensday y^ iS"' Ins"
Nob'' 18''' The house mett according to Adjourment 1^''Sent
y® Speaker Sam" Keis —
The house is adjourned to wensday y^ 25"' Ins"
Nob'' 25"' the house mett According to Adjourment '^''Sent
y* Speaker Theod'' Atkinson Esq^ Sam" Keis —
The house is Adjourned to wensday y^ 2^ Desb'
I7I4] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 47
* Dsb' 2'^ The house mett According to Adjourment * 1-71
f'-Sent
y^ Speaker Eph'* Mastyn
Theod'' Atkinson I'^sq"" Sam" Keis —
The house is Adjourned to Wensday y"^ 9''' Ins" —
Dsb'' 9"' The house mett according to Adjourment '^"'Sent
y^ Speaker Eph-^ Mastyn
Theod'' Atkinson Esq"" Sam^^ Keis —
The house is adjourned to Wensday y*^ 16"' Ins" —
Dsb"" 16''' The house Mett according to Adjourment '^^''Sent
y'' Speaker M'' Geo : Jaffrey
Theod'' Atkinson Esq'' Sam" Keis —
The house is Adjourned to Wensday y^ 23'^ Ins" —
Dsb'' 23^ The house mett according to adjourment ^''Sent
y^ Speaker Geo : Jaffrey Sam" Keis —
The house is adjourned to Wensday y^ 30"' Ins" —
* Dsb'' 30''' The house mett a ccording to Adjourment * 1-72
^•"Sent
y^ Speaker M'' Geo : Jaffrey m'' Sam" Keis —
The house Is Adjourned to Wensday y*^ 6*^ Jan'' next
Memorandum y' Major Joseph : Smith M'' Effrime : Mastins and M''
Daniell : Tillton : had Ther Debenters : for all ther servis One y^
Asembly from octo'' y*^ fiftenth 1712 : To : Desemer y*^ 25 : 1713 :
Smith 27 Tilton -17 Mastins : 44
Jan'' 6*" The House mett according to Adjournm* '^Sent
y*^ Speaker M'' Keis
Geo : Jaffrey Eph'' Mastin
The House is Adjourned to Wensday y^ 13* Inst —
Jan'' 13''' The house mett according to adjournm" '^''Sent
y*^ Speaker Eph'' Mastyn Sam" Keis —
The house is adjourned to wensday y'^ 20^'' Ins"
*Jan 20''' The House mett according to Adjournment * 1-73
f sent
y^ Speaker Geo Jaffrey
Theo'' Atkinson Esq"" Sam" Keis
P'' order of His Excellency the House is Prorouged to Wedensday
the 3 Day of Feb"" next
48 PROVINCE OF NEW HAMPSHIRE. [^7^4
Feb' 3 The House mett according to Adjournment '^'■sent
y* Speaker Sam" Keies
Geo : Jaffrey Cap" Hill
?■■ order of His Excellency the House is Proroug'^ Wedensday y^ 3
Day of March next
March 3^ The House mett "^sant
y*^ Speaker Eph""^ Mastin Sam' Keis —
Maj'" Smith Geo : Jaffrey
p"" Ord'' of y" Govern'' the House is Proroug"^ to Wensday y'^ fifth of
May —
March y" 3"^ i/'Vh Memorandum y^ Cap^ Richard gearish M'' george
Jefryes and Sam" Keais Had Thay'' Debentors : for all Thaier servis
one y^ : Asembly from y^ 19* of March 1712 : To March y^ 3*^ i/'Vh
gerish 65 days Jeffrys — 57 : Keais — 64 —
* 1-74 * 1 714, May 5th The House Mett According to Prorouga-
tion "i^Sent
M'' Speaker Cap^ Gerrish M"" Mastin
M"" Atkinson Cap' Gilman Geo : Jaffrey
Maj-- Smith M-" Thing * Sam' Keis —
Voted That Kings Town be Impowerd and Notifyed to send a Rep-
resentative to Sett In the Gen" Assembly by order of the house
Copie 5 May 17 14 Sam" Keais Cler
The House Adjourned to 3 a Clock post mer''
The House mett Accordingly —
Copie of the Govern''^ Speach
Council Chamber at Portsm° 5 May 1714
Gentlemen./ there are Eighten monts past Sence the Comittees
of the Council and Representatives have Set to draw up the fform
and State of the Local Laws and orders in force in the Province, I
desire they may be directed to mack y^ return of there proceedings
that further provision may be made where any defect is to put for-
ward Her Majesties Service and the good Goverment of there prov-
ince : /
The Gentlemen of the Representatives are Senteble that y'' Last
gain tax, and what is allso provided for the fore years net
* 1-75 comeing is what is necessary to draw in y*" Bills Credit * and
thereby to discharge the province Debt and noeing soe that
1 7 14] JOURNAL OK THE HOUSE OF REPRESENTATIVES. 49
there is noe provision made for the Anual tharge of y*-" Goverment ;
the ffort and other contingent Charge sence the abatement of the Im-
post which I recommend againe to your Consideration that it be
forthwith laid, and the Excise ffarmed or otherwise disposed, Soe as
it may be a Service to the province and assist in Ease of the Land tax
as it is allways intended I have lately Intelligence from the Gentle-
ment Sent to Canada for the releife and return of y^ prisoners there
and am now determined to Send a Ship to Ouebeck to receive them
of this province wherein the prisoners will demend your proportion of
Charge and I think it best that a Gentleman of yo"" province be there
to assist y^ negotian which otherwise may be Entangled and ineffect-
ual — You will alsoe consider and Represent to me what there of the
Trade with y"^ Indians you Judge proper to hold for there Soply and
prevention of there dependance upon the ffrench wile thay live upon
English ground You will Lastly determine wherther there be any
provision by way of repetition to be made to y^ Treasary for y'^ Currant
tharge in which as in Every thing relatening to y*^ benfit of the pro-
vince nothing Shall be wanting for Her Mjestes Service on my part/
An Act for prevention of Pedlers &c : Passed And sent up to the
Govern'' & Councell
The House Adjourned to y'^ 6''' Ins^ 8 a Clock ante Merid"
6 May The House Mett present
M" Speaker Jones Keais
Jeffrey Hill Atkinson
Gerrish Thing Marston
Gilman Smith
* Several Acts Voted * i-77
1 An Act About partitian of lands & legacies
2 An Act for Releife of Idiates &c
3 To prevent mens Sons & Servants Absenting &c
4 To prevent Default in Jurors &c
5 To prevent Incestuous Mariages
6 To Make lands Lyable to pay D'* —
/-. To Prevent Murdering Bastard Children
8 : To Prevent Incroachment on High Ways
9 : Against Receiving Stolen Goods
lo : Provideing in Case of Sickness
1 1 : Regulateing Prisons in Case of Escapes
12 : Provideing for Post Humus Children
The House Adjourned to 3 a Clock Post Merid"
The House Mett Accordingly. —
50 PROVINCE OF NEW HAMPSHIRE. [l/H
13: Directing the Proceedings against forceable Entry and De-
tainer
14: for the Conveniant and speedy Assignment of Dower
15 : Relateing to Attorneys —
16 : to Prevent Disorders in the Night
17 : About Execuf* & Adminisf^ —
18: About Cord Wood
The House Adjourned by y*" speaker to y^ y^'^ Inst 9 a Clock Ante
Meridi" —
* 1-78 * No 19 an Act Against High Treason
20 an Act against Shiping of Horses
22 an Act for supply of y'^ Ministry
23 an Act concearning Births & Burialls
24 An Act About Prudential affairs
25 An Act for Appoynting y^ sherife to keep the Comon Goal
26 an Act about Fees
27 an Act against Hawkers & Pedlers —
* 1-79 * May 7'*' The House Mett ~f^sent
M"- Speaker M"" Jones M-" Tilton
Maj'' Smith M"" Atkinson Geo : Jaffrey
Cap^ Hill Cap* Gerrish Sam' Keis
Cap* Gilman M"" Thing Mastines
The House adjourned to 3 a Clock and Mett accordingly —
The Peticion of Coll" Parker M-" Wibird &c in behalf of them
Selves and Sundry Inhabitants of y*^ Parish of Portsm° Read And
Ordered thereon that Cap* Pickrin & M"" W'" Cotton be notifyed to
attend y'^ House at 4 a Clock to Answer thereto.
The House adjourned to y^ 8'^ Ins* 9 a Clock —
May 8*"^ The House Mett >*■" Sent
y^ Speaker M"" Jones Mag' Smith
Cap** Hill W Thing M"" Jaffrey
Cap** Gillman Sam" Keis Mastine
Cap'* Gerrish M"" Atkinson
The House adjourned p y*^ Speaker to Monday ten a Clock being
y^ 10*** Inst —
10 May The House mett Except Mes""^ Hill Randell and Tilton —
May 10"' 1 714 Sam' Esman Oualifyed to Serve in This House Rep-
resentative for the Town of Kingston
* 1-80 * The House Adjourned to y^ 11*'^ Inst 9 a Clock in the fore-
noon
1 7 14] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 5 I
May II''' The House Mett ^sent
M' Speaker M"" Eastman M"- Mastin
M"" Atkinson Sam' Kaeis Maj"" Smith
M^ Thing M"" Jones Geo : Jaffrey
Cap* Gerrish Cap' Oilman
Cap' Giles Brought an Acco' of his attendance and Expences on
y*^ Indians am" to 9,, 1 1,, 2 on which is allowed three pounds which is
more than y*^ Proportion of this Prov :
The House Adjourned to 3 a Clock— and Mett accordingly.
The House Adjourned to y'' 12"' 8 a Clock.
May 12"^ The house Mett ^Sent
Speaker Cap^ Gerrish M"" Mastyn
M"- Jaffrey M"" Easman Mag"" Smith
M'' Thing M"" Jones Sam" Keis
Cap' Gilman
The Peticion of Green Land and Bloody Poynt Read and Consid-
ered, and
Voted That M"" Speaker Gerrish & Geo : Jaffrey be a Committe to
Joyne with Cap* Sam' Weeks and Lt ]n° Downing to ascertain y^
Limitts of y^ Parishes of Green Land & Bloody Poynt &c —
Coll Waldron & Cap" Hunkins be added as a Comitte at this board
to Joyn w"" the above Comittee Cha : Story Secretary.
* Voted that Each parrish have power within them Selves to * 1-81
tax and Asses there Several Inhabitants to there parrish
Charges and that they annually Choose three persons to tax y'" and
y"" Warrants to be signed by a Justice of p^ as LTsuall —
May 12 1 714 past y*" House.
Considering y^ Great and Extra Charge that may arise upon sending
a Gentleman of this Prov : to negotiate y'^ affair of Redeeming our
Prisoners that are at Quebeck.
Voted That his Excellency y^ Govern"" be Desired to Improve y®
Gentlemen sent from y*^ Massathusetts to transact that Buisiness
for us and Wee will Pay our Quota of y*^ Charge in proportion to
the Number of our Prison" that may be Returned.
And if none to be Obtained Wee Will Gratifye y'^ Gentlemen for
the Trouble and Charge they may be at in Inquireing after them
May 12"" 1 714 — Past y*= House —
The House adjourned to 3 a Clock and Mett accordingly. —
The Last years Tax being Pay'd into the Treasury in Massathu-
setts Road Island & Connecticut Bills, and the Burning of them Do's
52 PROVINCE OF NEW HAMPSHIRE. ['^7^4
not answer y'^ ff unci of this Province and to avoy'd Charges that may
arise in Changing them into Bills of this Province.
Voted That the Last Province Tax Being fifteen hundred pounds
be Let to such Severall Persons as Will Give Good and sufficiant Se-
curity of Land P^state within the Province Oblidgeing themselves
to Repay the same within one Year in New Hampsh'' Bills, and that
a Committe be appoynted therefor —
Voted AP Speaker M"^^ Atkinson & Jeffry be a Comitte to Joyne
with some of the Gentlemen of the Councell to lett out the Above
Money and that It be let for two years At two an half per cent —
Coll Waldron M"" Penhallow & m"" Plaisteed Comitte of y^ Coun-
cell
* 1-82 * May 12'^ 1714 The House Adjourned ^ the Speaker to y'
14''' Ins^ 10 a Clock in y** Morning
May 14'*^ The House Mett "f sent
M"" Speaker M"" Thing Sam' Easman
M"" Atkinson M"" Jones Cap^ Gilman
Cap' Gerrish Geo : Jaffrey Cap' Hill
Sam' Keis Eph^ Mastin
Voted That be An Act of Imposts for One Year on these Severall
Commodity's Imported into the Province viz'
Rum Eight shill ^^ hh-^ & f. Pro Rato for bar^
ffayall \\'ine five shill "^ Pipe
Madera Wine Seven shill '^ Pipe
Mellasses two shill ^ hh^
suger two shill ^ hh'^ & Pro Rato for bar^
Tobacco three shill '^ hh'^
with a Draw Back of three Quarters if Exported within six months
after Importation —
And that there be one shill '^ m Payd by y^ Exporter for all
boards Exported
Pine plank two shill "^ m
Oak D° three shill %] m
Red Oak hh'' staves sixpence '^ m
white oak D° nine pence "§ m
Pipe Ditto one shill ^ m
The House Is adjourned to 3 of y^ Clock mett accordingly —
* 1-83 * May 14"^ Voted That there be an Act to Prohibit the Im-
portation of Indian Slaves into y^ Province upon y^ Penalty
of forfeiting ten pounds for each Indian so Imported to be Pay'd
into the Treasury for the use of y^ Province.
1 714] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 53
Voted That Twelve hundred pounds in Bills of Credit on this Prov-
ince be forthwith Impressed and signed by the Committe and ap-
plyed to the Payment of the Province Debts that are allowed by
the Committe for Auditing y'' Province Acco'^ and approved of by
the Generall Assembly. And that an Act be Drawn up accord-
ingly and that the same be Repay'd in y*-" year 1719 — .
Voted That all New Hampsh"" Bills that for the future shall be
Pay'd into the Treasury shall be accepted with y*^ advance of five
f Cent.
The House Adjourned to 8 a Clock y'' 15''' Inst.
May 1 5''' The House mett "^sent
M'' Speaker M"" Keis M^ Jones
Maj"" Smith M"" Atkinson ]VP Esman
Cap' Tim" Gerrish Cap» Hill M"" Mastin
M"" Thing Cap' Gilman Geo : Jaffrey
The house Is adjourned for one houre & Mett Accordingly — all
Present as above
* May 15'^ 1714 Voted That the Laws now Passed now & * 1-84
all other former Laws w"^'' shall be thought needfull by y"^
Govern'' & Councill be Collected into a Book and Printed & that
the Committee appointed to Revise y^ Laws of this Prov : see
them Effected — M'' Daniel Tilton A Member of this House being
Infirm & Antient Desires a Dismission therefrom
Voted That the s'^ Tilton be Dismised And That the Town of
Hampton be Notifyed to send A Member In his Room the next
siting of this house
The House by the Gov: Prorouged To Wensday the 11''' Aug:
next
* July 22** 1714 P"" Order of his Excellency y*= Govern"" The * 1-85
House mett "^sent
M' Speaker Gerrish Cap' Tim° Gerrish James Rendall
Maj' Smith M^ Atkinson Geo : Jaffrey
M' Jones Eph^ Mastin Sam^ Keis —
Govern"^^ Spech
Gentlemen Prov : New Hampsh""
I am here upon an Interview & Speech with y^ Indian Sachems of
y^ Severall Eastern tribes to Settle y*^ Trade and Commerce between
her Majesties Good Subjects of these Provinces and y^ Said Indians
and have Directed this Extraordinary Session of the Assembly that
I might have your Assistance and Advice in any thing that may
54 PROVINCE OF NEW HAMPSHIRE. [l/H
Occur of Benefitt to the Province you shall be present at the Indians
Attendance to Discourse and have Oppertunity to offer any thing
thereupon afterwards. And I am to Acquaint you that the Proroga-
tion to the 1 1*'' of August next is yet Continued without Interruption
J Dudley
The Petetion of Sam" Penhallow P2sq'' being Read for the Appear-
ance of the two setts of Select men in the Town of Portsm° on Sator-
day Morning Next at lo of Clock
Voted A Concurrence
* 1-86 * July 22*^ 1 714 The House Adjourned to the 23*^ 9 a Clock —
The House mett & present
y'' Speaker Cap" Atkinson M"" Jones
Mag-" Smith M"- Jaffrey M'' Mastyn
M"" Rendal Cap" Gerrish M"" Keis —
The House adjourned till four a Clock
The House mett and ^sent as above
The following was sent Down from y'^ Govern'' & Councill
In Council 24"' July 1714
Information being given to this Board that there is Offence taken
by y^ Assembly of her Majesties Province of y*^ Massathusetts at the
Act of Impost and Duty's of Exportation Lately made in this Prov-
ince
Ordered that Sam' Penhallow and Marke Hunking Esq''^ be a Com-
mitte from this Board to Joyne with a Committe of y^ House of Rep-
resentatives to meet and Confer with such Gentlemen as the Gover-
ment of the Massathusetts shall Direct for that Purpose to take away
any Just offence at y^ said act for that We would avoy'd any Misun-
derstanding between the two Goverm'^ of Her Maj -ties Provinces so
happily United for the Common safety and Preservation of Each
other.
Past in the Councill nemine Contradicente Cha : Storey —
To which it is answered viz' —
* 1-87 * Wee are Humbly of Opinion That It is Inconsistant with
y*^ Hon'' of y^ Goverm' of this Province to Appoynt any Com-
mitte to be Chosen to Confer w"^ Such of the Massachusetts, about
any Law of this Prov :
If they are Agreived by any Act upon their Intimation thereof and
Desire to Treat with us thereon We will then Appoynt a Committe
to Confer with theirs
But in y" mein time We Pray his Excellency y^ Govern'' to Give
them all Imaginable assurance that We had no Intention to affront or
\
1 7 14] JOUKXxVL OF THE HOUSE OF REPRESENTATIVES. 55
Injure there Goverm' by Passing any Act and hope they'l have no ill
Resentment thereof —
The House adjourned to y'= 24''' 9 a Clock —
July 24''' The House Mett ^sent
M' Speaker Cap^ Gerrish Geo : Jaffrey
Maj"" Smith Ephr^ Mastin Sam' Keis
M"" Jones M"" Atkinson Cap* Nich° Gilman
The House Adjourned to 3 a Clock
Mett Accordingly & Presant as above —
To His Excellency Joseph Dudley Esq'' Govern"" &c. And to y^
Honourable y*" Councill & Assembly &c.
The Peticion of Sam' Penhallow Esq*" Treasurer and Receiver Gen-
erallof Her Majesties Province of — Most Humbly Sheweth —
* That the Selectmen of y^ Town w^'' y" Assessors are by * 1-88
Law Impowered by Law to Lay y^ Taxes throughout this
Province and the Treasurer is by Law Impowered to Direct his War-
rant Accordinglv- Yet so it is that By Reason of y'^ Unhappy Dif-
ference in y*" Parish of Portsmouth There are tw^o Setts of Selectmen
Assessors & Constables Chose for y^ Present Year. And it Being
Beyond my Power to Determine to Whom I should Direct my War-
rant for the Leveying of the Tax Granted unto her Majesty for y^
support of y*^ Goverment Defence of the Province and Payment of y^
Publick Debts which will be to y^ Detriment hurt & Dishonour of
Her Majesties Province Doe humbly Pray that y""" Excellency and y^
Honourable Assembly will give such Direction herein as you in Wis-
dom shall see meet which shall Readily be observed by
Y°"' Excellency's & Hon""^ Most Hum' Serv'
Sam' Penhallow
Orcfered that the two setts of Selectmen be notifyed^to Appear on
Satturday morning ten a Clock —
To Which Piticion Wee Answer on hearing the Qualifications of the
two setts of Selectmen in Portsmouth Wee Are Humbly of Opinion
That the Selectmen Chosen at the New Meeting House on y^ 7*''
June last are the Persons that the Treasurer Ought to send
his Warrant to for the Collecting such * Money as hath bin * 1-S9
Granted to her Majesty this Present Year. Past y*" House
of Representatives 24''' July 1714 —
The House Adjourned to y^ 26^'' Inst 9 a Clock —
56
PROVINXE OF NEW HAMPSHIRE.
[17I4
26"^ The House Mett ^sent
M"" Speaker Geo : Jaffrey Eph^ Mastin
Cap' Gilman Theo : Atkinson Sam' Kets
Dan' Tilton Cap' Gerrish
The House Adjourned to 3 a Clock And Mett accordingly
The House Adjourned to y*^ 27"^ ^sent
M-- Speaker M"" Thing Eph--^ Mastin
Cap' Gerrish Geo : Jaffrey
Maj"" Smith Sam' Keis
M"" Jones
The House adjourned to y^ 28th
M"" Atkinson
Cap' Gilman
Dan' Tilton
1-90
M-- Speaker
Maj-- Smith
Dan' Tilton
* The House Mett "fsent
Cap' Gilman
Eph^ Mastin
Cap' Gerrish
M-^ Thino-
Geo : Jaffrey
Sam' Keis
The : Atkinson Esq""
Voted Theod'' Atkinson Esq"" and Geo : Jaffrey Be a Committe to
Joyne with y*^ Committe of y'^ Councill to Confer with y^ Committe
of y*^ Massathusetts about their Being offended at any Law of this
Province and make Return thereof to the Generall Assembly
Voted a Concurrence w"^y'^ Ord'' of y'^ Govern'' & Councill viz' That His
Excellency appoynt five Selectmen out of y"^ Nine Chosen to serve
this "^sent yearuntill y^ 25"' March &c and Considering the Regu-
larity of y*^ Town Meeting at y'^ New Meeting House on the y^ 7"^
June Wee Confirme the Town Clarke and all other ofificers then
Chosen and the Votes then Passed about y*^ New Meeting House —
The Peticion Relateing to a Bridge at New Castle Refered to y^ Next
Session of y'^ Assembly viz' y*^ 11''^ of August
* 1-91 *Adjorned Untill the 29"' Ins' Eight of the Clock Present
as before —
29 July Mett According to Adjornment And Prorouged to the 11"^
of August next
Memorand. M"" Sam' Thing had : A Certificate The 29 of July : 1714
23 days
July 29 1714 Memorandum This may sertify all Concerned y' Cap'
Nickholas gillman had his Debenter for all his servis one y'' Asem-
bly for y*^ Towen of Exitor from y'^ 16''' of July 171 3 To July y*^ 29'*^
1714 : 24 : days Sam" Keais Clark
1 714] jOUKXAL OF THE HOUSE OF REPRESENTATIVES. 57
Au'gs' 1 1 The House nictt according to Prorogation & Present
M"" Speaker M'" Jaffrey Cap^ Hill
M-- Atkinson lAP Rcndall Sam" Keis
M"" Mastyn
The House is Prorouged to Wensday y^ 8" Sep' next. —
* Scptb'' 8''' The House mett according to Prorogation * 1-92
f sent
y^ Speaker Cap" Hill M-- Rendal
M-" Geo : Jaffrey Mag'" Smith Sam" Keis —
The House Is adjourned to Thursday y^ 16''' Ins"
Sep'' 16 The House mett according to Adjournm' & Present
y^ Speaker M'' Geo : Jaffrey Sam" Keis
'^'' ord''of His Excellency the House is Proroged to Wedensday y*" 3
Nov"" next
1714 Oct'' i*^ ^'' Order of His Excellency The House mett "^sent
M"- Speaker Cap^ Hill M"- Jones
Cap^ Tim° Gerrish Geo : Jaffrey Sam' Keis
The House adjourned to y*^ 2^ Ins" a 11 Clock —
Province of Newhamshe''
Thes may sertify All Consernd y^ Cap* Timothy gerrish has served
her Majesty In generall Asembly for y'' Towen of Dover : from De-
semb'' The 18*'^ to Sep' y^ 16'" 17 14
* Octob^ 2'' The House Mett *^sent * 1-93
M*" Speaker Cap' Gilman M"" Gerrish
Maj' Smith Geo : Jaffrey M"" Keis
Cap' Hill M"- Jones Eph''* Mastin
Voted That there be a Congratulatory Address Presented to His
Majesty on his accession to the Brittish Throne —
And That He be Addressed in ffavour of His Excellency That He
be Continued Govern'' —
The House Adjourned to y'^ 3'' of November According to former
Prorogation —
Memorandum : Thes may sertify all Concern'^ y' Cap' Timothy ger-
ish : has served one y^ Asembly for y*^ towen of Dover : ffrom De-
sember y" Eighth 1712 to octo'' y 2"^: 1714: — 36 days: Allsoe :
Cap' Nathaniel Hill has served one y'^ Asembly for y*" towen of
Dovore from Desembr y^ 18''' : 171 2 : to octo"" y^ 2^ : 17 14 69 days
Thes may sertify all Consernd y' M'' Steven Jones has served one y^
5
^8 PROVINCE OF NEW HAMPSHIRE. [l/^S
Asembly for y*^ Tovven of Dover ffrom Desember y*^ i8, 171 2 to octo'
y*-* 2^^ 1714 : 39 : day Sam" Keais : Clark
* 1-94 * Memorandum y' Maj' Smith Ephrim Masten, and Daniel
Tilton had ther Debentu'^^ for Terr. Servas one y^ Asembly
from Desember y" 25 : 1713 ■ to October^y'^ 2^: 1714 —
Smith 27 days Mastins 38 days Tilton 07 : days
Nob' v'^ 3'' The House mett according to Prorogation ^^'sent
y« Speaker M"" Jones
M-- Jaffrey M'' Keis —
The House is adjourned to thursday y'^ 4^^" Ins*'
Nov 4* Mett ^sent
M' Speaker Geo : Jaffrey Sam' Keis —
Cap' Hill The° Atkinson Esq>-
The House Adjourned to fryday y*" 5''' Ins'
^th jv^ovem"" The House Mett Present
M'' Speaker Gerrish Atkinson
Rendell Hill Keais
Jaffrey
and sent for by the Councell Who by Vertue of his Plxcellencys
Leter Dissolved the Assembly.
* 1-95 * Memorandum y' Cap' Richard Gerrish M"" georg Jeffry and
Sam" Keais had ther Debentures for all Ther Servis one y*^
Asembly for y^ Towen of portsm° from March y^ 3'' 17'Yuto No-
bem'' y^ 5"' 17 14 35 days Apese : —
Theo : Atkinson had his Debenter from the 3'' July 171 2 to the De-
solving the Assembly Ninety Eight Dayes
James Rendell from the same time forty Eight Dayes
* 1-96 * Cap' Richard Ger- Maj'^"' Joseph Smith Cap' Timoth ger-
rish rish
M"' georg Jeffryes M'' petter Wier M'' Steven Jones
Sam' Keais Joshua Winget M"" John Downing
M"" Theoder Atkinson Sam" Thing Sam' Estman
M'' Jothan Odihorn Nickholas Gillman
* 1-97 * 1715 Province of New Harnpsh'' —
Att a Generall Assembly Call*^ By His Excellency Joseph
Dudley Esq'' Govern"' & Command'' in Cheife of Said Province on the
13''' of Aprill 171 5.
I715] JOURNAL or THE HOUSE OF REPRESENTATIVES. 59
The Members Elected ^^ the Severall Towns Returned as Ffol-
lows — viz
for Portsm° for New Castle
Rich^ Gerrish Esq'' Theod"" Atkinson Esq*"
Geo : Jaffrey — Jotham Odiorn
Sam' Keis
for Hampton Dover
Maj'' Joseph Smith Cap^ Tim° Gerrish
Peter Ware Jn° Downing
Joshua Wingate Stephen Jones
Exeter Kingston
Sam' Thing Sam' Easman
Nich" Gilman
Sam' Penhallow Esq"" & Jn° Plaisted Esq"" Being Appoynted Did
Administ*" the Oaths of allegiance &c for Qualifying y® Above Mem-
bers — y^ 20"' of Aprill 171 5 — to y^ Whole House Except M"" At-
kinson Cap' Nich° Gilman & Sam' Easman they being Absent
*I7I5 Ap' 20"' The House Mett & Qualifyed * 1-98
Voted Richard Gerrish Esq"" Speaker Who being Presented
to His Excellency and Accepted Accordingly —
Voted Sam' Keis Clarke of y^ House —
The House Sent for by his Excellency who Presented The ffollow-
ing Speach
Province of N Hampsh""
Gentlemen Portsm° 20"' Ap' 171 5 —
By the ffavour of the Allmighty God and the Indulgence of His
Majesty the Best of Kings, You Are at this Time Assembled and
there is Nothing Necessary for the Ease & Benefitt of this His Ma-
jesties Province, But I shall Readily Come into and put forward when
it shall be Offered.
I have Directed M'' Treasurer to Lay before You the Present state
of Your Debts w'^'^ You will Provide for : The Tax now Collecting
will be no Assistance therein being Ordered to be Pay'd in Bills of
Credit of this Province that they may be Burnt in Pursuance of the
Act of Assembly, and in that Case made and Provided. I Judge it
best for the Assembly to use all proper Methods to get out of Debt
whilst We are in Peace that We may be more Capable and Ready for
what shall be Necessary to Establish and Advance the Growth of y*^
Province & Defence for y^ ffuture Joseph Dudley
6o PROVINCE OF NEW HAMPSHIRE. [l/^S
* 1-99 * For the Regulateing the House the Articles in y*^ Other
End of y*" Book Were
Voted The Rules of this House Being Ten in Number —
The House Is adjorned to thirsday y'^ 21''' Ins" Nine a Clock —
Ap^ 21'^ The House Mett 'ip^sent
M"" Speaker Sam" Esman M"" Ware
Maj"" Smith Theo : Atkinson M"" Sam' Thing
Capt Tim" Gerrish Cap* Wingate Geo : Jaffrey
Cap' Odiorn Cap' Downing Sam' Keis —
M"" Jones
Sam' Easman being Elected Representative for the Town of Kings-
ton and Returned Accordingly, Was Oualifyed by Takeing the
Proper Oaths Adminisf'^ by Jn'^'Plaisted Esq"" & JVP Sherife Phipps —
The House Adjourned by y^ Speaker to two a Clock afternoon —
Mett Accordingly & Present ut Supra with iVP Esman —
Voted That There be a Committe of Both Houses Appoyn'^ to Ex-
amine the Province Acco'^ and Make Returns to y*^ Generall As-
sembly from time to time : Voted M"" Speaker M" Atkinson &
M"" Jaffrey & Maj"" Smith The Committe of this House —
* i-ioo *I7I5 The House Adjourned ^^ the Speaker to y*^ 22'' In^*^
9 a Clock —
Ap' 22'^ The House Mett p>sent
M"" Speaker M"^ Peter Ware M"" Easman
iMaj"" Smith Cap' Odiorn Geo : Jaffrey
M"" Thing M"" J.ones Sam' Keis
Cap' Tim" Gerrish Cap' Wingate Theo : Atkinson
Cap' Downing
Voted that there be a Comitte of both Houses Apponted to Exam-
ine the Province Acco"® And make Returne from time to time to
the Generall Assembly
April 21 17151^: order of the House Sam" Keais CI''
Voted by the Councell that Rob' Eliot John Plaisted & Mark H unk-
ing Esq''^ being A Comitte to Joyn with such As Shall be Appoin-
ted by the Represent^ to Examin the Acco'^ of the Pro :
Tho^ Phips ~^- : order
Voted M"" Speaker Gerrish Mess Atkinson Jeffrey and Smith the
Comitte of this house to Audit Acco'^ pursnt to the Above Vote
"^ : order Sam" Keais Cler :
* i-ioi * New Hampsh""
at a Generall assembly held at portsm° 20 Aprile 171 5
I/I 5] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 6l
Whereas by }"-' Return of y*" Committee from Dover it appears there
is no agreement about y"-' meeting house at Cochecho — ordered that
a committee of both houses be chosen to Go to Dover to view both
meeting houses there & Enquire into the Scituation of y^ Inhabitants
there about & make Report which of the two houses (since y*^ sepera-
tion of Newington best serves the remaining Inhabitants to meet
Constantly to attend y'-" publicke Worship of God on the Lords Day &
y' the Selectmen of y" Town to be Notified to attend y*" Committee in
this affair at y*^ old meeting house on Dover necke on Munday next at
ten of y^ Clocke & the Committee to make there Return to y^ assem-
bly on tuesday following — past by the Councill Who have Chosen
Cap' John Plasteed | to Joyn w''' 2 : Chosen
& Cap' Marke Hunkin j by y*" house of Representvs
Voted y' m'' Samuell Thing and M'' peter Weare be a Committee of
this house to Joyn with y*^ above Committee —
April 21''' 171 5 ^r order of House of Representes
Sam^^ Keass Clarke
Ap^ 22^^ Voted Maj Smith & Theod'' Atkinson Esq"' a Comitte to
Joyne with the Gentlemen of y*^ Councill to make Return abt the
Goal.
The House Adjourned to 2 a Clock —
The House mett "^sent
y*" Speaker M"" Peter wire Cap' Jn° Downing
Mag'' Smith Cap" Odiorn M"" Easman
M'' Thing m"" Jones Cap" Atkinson
Cap" Tim" Gerrish Cap" Wingate Sam" Keis —
The House Is adjourned to y'^ 23^^ Is" 9 a clock
* Api'^ 23^ The house Mett & Present * 1-102
y Speaker M'' P^asman M"" Stephen Jones
Mag"" Smith Cap' Odihorn Sam" Keis
M'- Thing M"" Peter Wire Cap' Tim" Gerrish
Cap" Downing Cap" Jos'' Wigate M"" Theoder Atkinson
The House is adjourned to 2 a Clock
Mett According to Adjornment And Adjorned Untill the 25"" Ins'
Ten of Clock
Apr" 25''' The house mett according to adjornment '^'sent
y^ Speaker M-- Sam" Easman M"" Thing
Mag-- Smith Cap" Wingate M'' Wire
M"" Jones Cap" Atkinson Cap" Tim° Gerrish
Cap" Odiorn Cap" Jn" Downing M"" Sam" Keis
62 PROVIXCE OF NEW HAMPSHIRE. [^7^5
The House is adjorned untill ihe 26''^ Ins" Nine of y*^ Clock —
Mett According To Adjornment Present
M"" Speaker Wingate Easman
Keais Thing Downing
Wear Jones Odiorne
Smith Gerrish Atkinson
* 1-103 * Voted That there be burnt one Thous^ pounds And five
hundred pounds Repeated of the 1 500 ;!{^ In the Treasury —
Major Smith Cap' Downing And M"" Thing A Comitte to take
bonds for the 1 500;^ borrowed out of the Treasury
Adjorned for two hours
Returned According to Adjornment present As in the Morning
The Petition of Rich'' Dolhof being Read and Considered by the
house
Voted That he have twenty pounds Given liim out of The Treas-
ury —
The Comitte Appointed for Veiwing The Meeting houses Att
Dover Making Their Return It Is Accepted of by this house Ac-
cording to the s'' Return —
* 1-104 *The House is adjorned to y^ 27"^ Ins' 6 a clock
apr" 27"' The House mett according to adjourment "^Sent
y^ Speaker Cap" Tim° Gerrish M"" Jones
Mag"" Smith Cap" Odyorn M"" Sam" Easman
M-- Wire M'" Jeffry M-" Sam" Keis
M"" Thing Cap" Jn" Downing Theodor Atkinson Esq''
Cap" Josh^ Wingate
Voted That that part of the Ac" about Impost &^ beginning : the
10''' June 1 7 14 Concerning the Duty of rum Wine Sugar Mollasses
and Tobacco bee Continued : Untill y"' 10"' June 17 16 and Where as
y^ Drawback there Is Three Quarters If Exported In Six M" Its
now not Allowed Except It be Exported In three Months after
y^ Importation Sam" Keis Clark
Memo : Whearas In the Repetetion of the five hundred pounds now
In the Treasury the Town of Kings Town Is alloted forty pounds
It is to be Understood that that Sum Is there proportian for two
years they being Exemted twenty pound — Which
* 1-105 * They should have p^ last year —
A Vote Sent up that the lOOOp^ to be burnt be performed
by the tenth of June next
The House by order of the Governour prorogued to the 25 of
May next
I/I 5] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 63
May 25''^ The House Mett f sent
M*" Speaker Cap' Wingate Geo : Jaffrey
Maj"" Smith Theod"" Atkinson Esq"" Sam' Keis —
Cap' Odiorn
The Returne of y^ Committe for Auditing; Acco" Examined & Al-
lowed, the Whole Am° to two hundred fifty nine pounds five shill :
Pass*^ "^ the House Sam' Keis Cler* —
The House is Prorouged to frvday y" lo'*' June next — ~^ v*^ Coun-
cil! —
* 1715 June 10'*' The House Mett "^sent * 1-106
M"" Speaker Gerrish Maj"" Smith Geo : Jaffrey
Theod"" Atkinson Esq'' Jotham Odiorn Sam' Keis
The House Mett According to Prorogation in ord"^ to Burn one thou-
sand pounds Prov : Bills But the Treasurer Remonstrating that the
Money was not brought into y"^ Treasury. The time for Burning is
therefore Defered to the fourteenth Day of July next. And the As-
sembly is Accordingly Adjourned to thirsday y'= 14''' of July.
1 71 5 July 14 The House Mett According to Adjorn' Present
M"" Speaker Wingate Odiorne
Smith Jaffrey Atkinson
Keais Jones
The House sent for by the Council and the Treasurer Report-
ing that he had Not the Whole ;!{^iooo * Which Was to * 1-107
have been burnt of this Province Bills but that he had the
Greatest part of them ; It W^as then Agreed that What Bills there
was in The Treasury of this Province^ Should be Burnt And that A
Comitte of Two should be Chosen out of the house of Representa-
tives to Joyne With two of the Councell to tell the Money On Oath
In order to The Burning It Major Smith And Cap' W^ingate Chosen
of the House of Representatives
Its agreed on by both houses that the Tresurer have a Longer
time that he may gitt y^ rest of y*^ Bills of this Province to make up
y^ thousand pounds to be burnt its therefore defered to y^ 28''' Inst —
and y^ Assembly is accordingly adjourned to thirsday y" 28''' Cur-
rant —
715 July 28"^ The House :\Iett fsent
M'' Speaker Joshua Wingate
Geo : Jaffrey
Maj"" Smith Theod'^ Atkinson Esq'
Sam' Keis
Jotham Odiorn
64 PROVINCE OF NEW HAMPSHIRE. [^7^5
* 1-108 * Maj'' Smith Refuses to be of y^ Above Committe
Voted Cap^ Wingate of this House to Joyne with Marke
Hunking Esq"" of y*-" Councill to tell the Bills as above.
The House Adjourned, not having time to Count & burn the Money
to y* 29''' —
July 29"^ The House Mett ^sent
M'' Speaker Gerrish Cap* Odiorn Cap' Wingate
Theod'' Atkinson Sam' Keis Geo : Jaffrey
Maj-" Smith
The Comitte Returning Viz Mark Hunkin Esq'' & Cap' Wing' hav-
ing Receved from M'' Treasurer Penhallow The sum of Eight hun-
dred sixty five pounds one shiling to Which They Made Oath which
sum of Eight hundred sixty five pounds one shiling Was burnt before
the Hon"*' the Councell and Assembly this Day
The Cler : of the Councel brought A Mesuage that the House Was
adjorned to thursday the Eleventh of August Next
* 1-109 * Aug^' 11"' 1 71 5 The House Mett ^sent
M"" Speaker Gerrish Jotham Odiorn Sam' Keis —
Theod"" Atkinson Esq"" Geo : Jaffrey
The House Adjourned to thirsday y^ i8"' Ins' at: lo of y^ Clock.
Aug'' 18"' 1 71 5 The House Mett ^sent
M' Speaker Gerrish M'' Geo : Jaffrey Stephen Jones
Theod' Atkinson Esq"" Jotham Odiorn Sam" Keis —
The House Adjourned to thirsday the first day of Sepf next att lo
of y"^ Clock —
Septb-- i"' The House Mett ^'sent
y'^ Speaker Cap" Tim° Gerrish
Theod'' Atkinson Esq' Sam" Keis —
The House adjourned to thirsday y^ 8''' Ins" at lo Clock
*i-iio * The 8''' Sep' 1715 The House Mett According to Ad-
journment Present
M"" Speaker Wingate Thing
Keais " Odiorne Atkinson
Smith Wear
The L' Govern'' And Councell being in Councell sent for the house
to the Councell Chamber And Read A Speech Which Was Delivered
to the Speaker
The House Adjourned to fryday y*" 9''' Ins" at 10 a Clock.
1/15] jOUKXAL OF TllK HOUSE OF REPRESENTATIVES. 65
Septb"' y*^ 9'*^ The House mett & {/s'
}"-■ Speaker Cap" Odiorne Mag"" Smith
Theod' Atkinson Esq"" Cap" Downing Cap" Wire
M"" Thing Cap" Gihnan M"' Keis —
Cap" Wingate
The house adjourned for two Hours.
The House mett & Present as Above.
The house adjourned to Saterday y^ lo^'' Ins" lo a Clock
* Memorandom that Cap' Nicklos Oilman was Qualified as : * i-i 1 1
a member of this house according to law, Sept' 1715/
Septb"" 10''' The House mett and Present —
y« Speaker M^ Thing Mag-- Smith
Theodor Atkinson Esq^'Cap" Wire Sam" Keis
Cap" Odiorne Cap" Downing Cap" Oilman
Cap" Wingate
The House is adjourned for two Hours —
Returned according to adjornment Present As in the Morning
The Return of the Comitte for Viewing the fort Att New Castle Sen
Down from the Councell board And Read
The L' Oovern''* Speech being Read Is left to farther Consideration
And The House Is Adjorned Untill the 12 Ins' Tenn of Clock or-
dered That A Messenger be Sent from the house for the Members
that Are Absent
* 171 5 The 12 Sep' The house Mett According to Adjorn- *i-ii2
ment Present
M"" Speaker Wingate Jones
Keais Oilman Odiorne
Smith Oerrish Easman
Wear Downing Atkinson
The House is adjourned till tusday y*^ 13''' Ins" 1 1 a Clock
13^'' Sep' The House Mett According To Adjornment Present
M"" Speaker Wingate Easman
Keais Oilman Odiorne
Smith Downing Atkinson
Weare Jones
Answer to the L' Oovern"' Speech Sent Up "^ nV Easman As f^ :
Copia on file
Adjorned for two hours Returned According to Adjornment
■^sent As in the Morning
^ PROVINCE OF NEW HAMPSHIRE. [l7l5
* 1-113 * Voted That If Gov'' Burges Arrives In this Province be-
fore he Doth in the Massathusetts the Treasurer be Desired
to Make preparations for his Reception
Copy
Voted That Col Walton be Allowed Six pounds f : Annum for his
bote to Attend the Governm' And fort he keeping her In Repair
With oars sayles &c
Copy
The house Adjourned Untill the 14"' Ins" Ten of Clock
Septb"" 14''' The House mett according to adjournment "^sent
Speaker Cap" Odihorn M"- Wire
Theodor Atkinson Esq'' Cap" Oilman M'' Easman
Mag'' Smith M'' Jones M'' Keis —
Septb'' 14''' 171 5 The house of Representatives Were sent for by
the L' Gov : And Dissolved
* i-i 14 * Memorandom These may Certife that maj'' Josepher Smith
hath Served in y® Generall Assembly for y^ Town of Ham-
ton twenty nine days from the I'f^ of Apral 17 14, Untel y^ 13 of
Sepf 171 5 allso Cap" Joshua Wingett twenty seven days Cap"
Peter Weare twenty days — Sam" Keais Clark
Sep' 14"' 171 5
Memorandom/ These may Certife that M"" Steven Jons hath Served
in y^ General Assembly for y^ Town of Dover from y'^ 2° of ocf
1714 to Sepfy^ 14"' 171 5 ninten days Sam" Keais Clark
Sep' 14 171 5
Memorndom/ These may Certife that M'' Sam" Eassman hath
Served in y'^ Generall Assembly for y^ town of Kingstown Seven
days from y'' ii*'' of may 1714 Untel y" 14"' of Sep' 1715 fifteen
days y^ Hole twenty two days Sam" Keais Clark
Sep' 14"' 1 71 5
* 1-115 Memorandom/ These may Certife that m' Necklos Gilman
hath Served in y^ Generall Assembly fore y*^ Town of P^x-
tor from y*^ 2'' of octb'' 1 714 to Sep' y^ 14'" 171 5 twell days
Sep' 14"' 1 71 5 Sam" Keais Clark
to Sep'' 14''' 1715- Gerrish 32 Jaffry : 18 Keais 32
Sep' 14: 1 71 5 Sam" Keais Clark
* 1-116 * These are to Certify That Theo : Atkinson hath Served
In Gennerall Assembly for the Town of New Castle twenty
171 5] JOURNAL OF THE HOUSE OF REPRESENTATIVES. ^J
Eight Days Since the 13"^ of Aprall last past As Appers by the
Book of the Representatives this 14''' Sep' 171 5
Sam" Keais Clark
These are to Certife Whom Concerned That Cap" Jotham Odiorne
hath Served In Generall Assembly for y*^ Town of New Castle twenty
Six Days Sence the 13'*" Aprall last as appers by y'^ Book of the Rep-
resentatives this 14''' Sep' 171 5 Sam" Keias Clark
These may Certife all Consarned that Cap" Jn-' Downing hath
Served in y*^ Generall Assembly for y*^ Town of Dover from y'= 20"'
of Ap" 1 714 to Sep' 14"' 1715/ 13"' days
Sep' 14"' 171 5 Sam" Keais Clark
*Pro : New Hamp' 8 Nov : 1715 *i-ii7
Att A Gennerall Assembly Called by The Hon^^'« Geo:
Vaughan Esq'' Leiu' Govern' The Members Returned to Represent
The Severall Towns were
Portsm" Rich'' Gerrish Esq'
M' Geo : Jaffrey
Cap' Rich'' Wiberd
Hampton Major Joseph Smith
M' Jabez Dow : Epha Marston
M' Peter Wear
N : Castle Coll : Shadrach Walton
Theo : Atkinson
Dover James Davis Esq'
M' Sam" Tibbets
Newington M' John Dam
Exeter M' Sam" Thing
Cap' Nich : Gilman
Kingstown M' Sam" Esman
*A11 Which Appearing Sam" Penhallow and Mark Hunk- *i-ii8
ing Esq""^ of his Majestys Councell Came to the house of
Representatives Attended With the Cler to Oualifie the House
Which being Done they Were Sent for by the L' Gov : to the Coun-
cell Chamber And Directed to Return to their house And Make
Choise of A Speaker And Present him to him Att the Councel
Chamber The Representatives Returning to their House Made
Choise of Rich'' Gerrish Esq' Speaker And According to the L' Gov*"
Direction Presented him Who was Well Accepted And ordered to
With Draw And Settle the House
Theo : Atkinson Chosen Cler
68 PROVINCE OF NEW HAMPSHIRE. [l/^S
Adjorned Untill the 9''' Ten Clock
* 1-119 * Novem'' 9* 1715 The House mett According to adjornm'
Present The Whole house As Yesterday
The orders Att the End of this book Containing Ten Voted to be Ob-
servd for the Regulating the house —
The House Sent for by the L' Govern'' To the Councell Chamber and
Deliverd A Speech Viz
Copia
Gent" The knowledge I have of y^ Extraordinary Abilitis and Long
Experiance of his Excellency y^ Gov"" & y^ Hon'^^^ the L' Gov'' who for
many Years have filled that Place make me Anxiously Solicitous to
use all Dilligence that I may not be wanting in my Duty to y® Crown
& to Promote the Wellfareand Prosperity of this His Majesties Prov-
ince —
Wee have (Blessed be God for his Divine ffavour) full assurance
of y^ Happyest Estate of y'^ British Monarchy which hath been Mirac-
ulously Exterpated from Desolateing Ruine Devised by Conspireing
Monsters both at home and Abroad and Wee are now Reaping the Ad-
vantages of the Kings Majesties Wise & Just Administrations Who
hath Preserved us our Religion & Properties & Confounded all the
Machinations of Rebellious Impostures.
It Remains that Wee Manifest our Duty & affection for His Majes-
ties Service & Goverment in this small & Poor Province that We
Care for y^ Generall Good of his Good Subjects here by Establishing
Wholesome Laws to Suppress Vice & Incourage Virtue and Enforce
y^ Due Execution of them in Our Respective Places to Lead &
Prompt all Persons whatsoever in Doeing their Duty to their Supe-
riours which tends much to the Establishment of Good Goverment to
which Purpose I shall Readily While I have the Honour
* 1-120 * to hold my station Adhere to Your Councill & Advice to
Give Countenance to the Virtuous & Well Disposed but my
Endeavours for the Punishment of all Guilty Offenders
I think it Proper to Put you in mind of y^ Miserable Estate of y^
Castle that Due Care be taken for its Repairs and y' it may be Done
as Seasonably as the Spring will admitt The Deficiancy of y^ Goal
which is incapable of holding the Kings Prisoners through its Defect
and Improper Scituation
It is necessary for you to see the Money Ordered to be Burnt by
June Last be now Com'itted to y'= fiflames and that You be Satisfyed
about the Money which was Borrowed out of the Treasury —
I Pray You to Give Proper Directions for an Honourable Recep-
tion of Coll° Burges Our Gover'"" When he Shall come among us, and
I715] lOUKXAL OF TIIK HOUSE OF REPRESENTATIVES. 69
to Nominate & Desire proper Persons to Congratulate and Pay y«
Diityfull Respects of this Goverment when it shall Please God to
bring him into this Countrey.
The Necessity of haveing an Assembly hath Occationed such a
speedy Conventian what is now needful! may be Considered & Dis-
patched for probably the Arrivall of y^ GoV may Occation another
Session and it is my Hope and Desire that no former Disagrcments
or Differences whatsoever may put us out of y'= way of our Duty to y*^
Crown & Goverm' but Rather that Our Past Contentions may make
us more Desirous of our Own and all Our Neighbours Peace & Tran-
quility Geo : Vaughan
^br 3th jp^j^
* Adjorned for two hours * 1-121
Returned According to Adjornment
Present As In the Morning the Whole house
Voted M"- Rich'i Wibird and Cap^ Peter Ware a Committe of this
House to Joyne with Such as may be Chosen of the Councill to
view the Pri'son and make Report to the Generall Assembly of
what is proper to be Done therein
Copia
Adjorned to the 10 Ins' 10 Clock
Nov 10"' The House mett according to Adjournment ^sent the
whole House Except Coll" Walton & Theo. Atkinson Esq-" — Coll :
Walton & Atkinson present
The House being Informed that M"" Jabez Dow Is At this present
time A Constable in the Town of hampton and he owning Himself so
to be Is thought A person Unqualifyed and therefore by order of
the House he Is Dismissed And A Notificaton sent to the Town of
hampton to Choose One in his Room that May be Oualifyed
*A Letter from L' Gov: Usher Directed to the Generall * 1-122
Assembly being Read The house thought It proper to De-
sire the sight of L' Gov : Vaughans Comsn Which Was sent Down by
the Cler of the Councell And Read Which Well Satisfyed the House :
And In answerr to Coll : Ushers Letter
Voted That Coll Walton & Cap' Davis Joyne two of the Gentlemen
of the Councel to Wait on Coll : Usher to Answear his Letter
Adjorned for two hours
Returned According to Adjornm' Present the Whole house
Adjorned Untill the 11"' Ins' 10 of Clock
II Nov: 171 5 The House Mett All present
70 PROVINCE OF NEW HAMPSHIRE. [l/^S
A Vote for Allowence of Each Gentleman of the Councell four shil-
ings Each Day they Attend Duering the Setting of the General As-
sembly Sent Up
* I- 1 23 * A Vote that Coll : Walton be Joyned With Cap' Hunkin
Answer to L* Gov''' Speach
Att the Last Session of y*" Gen' Assembly a Committe was Chosen to
view the ffort at New Castle and Make Return of y^ Circumstances
thereof and According to their Return we shall Proceed thereon —
Wee have Chosen a Committe to Look into y^ Defects of y^ Prison
and shall act y'' needfull upon their Return
Wee Appoynt Coll" Walton in y'^ Room of M'' Wingate to see the
Remains of y*^ Prov : Bills burnt and Order it to be Done forthwith
As to the 1500 Left with a Commitee to be Let out We are Satis-
fyed that it is Done and Sufficiant Bonds taken for the Security
thereof Pursuant to the Act therfor and Order the Bonds to be Left
in y*" Custody of the "{psent Speaker of this House Rich'^ Gerrish
Esq''
Wee are Liformed that His Excellency Coll" Burges will not be
here this Winter so think We may seasonably make Provision for his
Reception at y* next Session of y*^ Gen' Assembly
* 1-124 * Adjorned for Two hours
Mett Accordingly & Presant as Above
Presented a Peticion "^ Cap* Nath' Hill from Sundry Inhabitants of
y^ Parish Call'' Oyster River
Upon Reading of said Peticion
Ordered That the Selectmen of Dover and the Constable of y'
District call'' Oyster River be Notifyed to Attend y* Next Session
of y^ Gen' Assembly & some of y^ Peticion''^ Appear Likewise with
y® Town Records Relateing to said Parish
Adjorned to the 12 Ins' 10 of Clock
12''^ Nov : 171 5 The House Mett Acording to Adjornment present
M"" Speaker Thing Oilman
Walton Tebbets Esman
Jaffrey Dam Smith
Davis Atkinson Wear
* 1-125 * Voted That the Prison Remain Where it now stands this
Winter and what is absolutely Necessary to Secure the
Prisoners for y^ Present be forthwith Done.
I715] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 71
12 Nov : 1 71 5
The House Sent for by the L* Gov : for a Conference And pro-
posed the 111 Consequence of the Scituation of the Prison
The House Returned and Considering the Matter
Voted That the Present Goal Remain where It Now Stands Untill
Next Year and What Is Absolutely Necessary to Secure Prisoners
y''in this Winter be forthwith Done and that Next Spring this be
Removed or A New one built In Some Other More Convenient
place As the General Assembly Shal think ffitt
12 Nov : 171 5
* The House by the L' Governour Adjorned to Munday the * 1-126
28''' Ins' And Accordingly the liouse Is Adjorned to The
28 Nov: 171 5 twelve of Clock
Nob"" 28"' The House mett according to Adjournment ^sent
y^ Speaker Cap" Davis M' Dam
The House is adjourned to y^ 29''' Ins" twelve a Clock
Nov : 29 Mett According to Adjornm' Present
M"" Speaker Dam Atkinson
Davis Walton Tebbets
Adjorned for two hours./ mett According to Adjornment pres-
ent as in the Morning
The Messenger of the Assembly Sent by the L' Gov : to
know * If their Were A house of Represnt^ by order of the * 1-127
Speaker Cap' Davis Went to the Councel Chamber to
Aquaint the L' Gov : & Councell their Were Noe Representatives
from Hampton Exeter Nor Kingstown And Cap' Davis Returned
that The King Buisness Wanted the House to be filled
ordered That the Deputys of Each Town Viz : Hampton Exeter
& Kingstown be Notifyed And Accordingly Notifycations Are
sent for the Several Deputys to Appear At the House tomorrow
morning Ten of Clock Unto Which time the House is by the
Speaker Adjorned
30"^ Nov' 1 71 5 House Mett Present As Yesterday
M"" Speaker Dam Walton
Davis Tebbets Atkinson
* Adjorned for Two hours — * i-i 28
Mett According to Adjornment Present As in the morning
M"" Epha : Marston Appearing and brought A Certificate from Hamp-
ton that he was chosen As Representative in the Room of M'' Jabez
72
PROVINCE OF NEW HAMPSHIRE. [^/^S
Dow Cap' Davis ~^ the Speakers order Informed the L' Gov : &
Councell thereof —
Noe More Appearing Untill Seven of Clock
The House by the Speaker Adjorned Untill the first of Dec : Ten
of Clock
I Decern'' 171 5 Mett According to Adjornment Present
M"" Speaker Smith Dam
Tebbets Davis Atkinson
Oilman Walton
* 1-129 * The L' Gov : being informed that Cap' Gilman was Come
to the house And that When m"" Marston was Oualifyed
there Would be A house M'' Penhallow Attended by the Cler of the
Councell Came to the House and M'' Marston was Oualifyed by take-
ing the Oaths signing the Tes' &c :
Adjorned for two hours
Mett According to Adjornm' Present
M" Speaker Smith Gilman
Davis Dam Marston
Walton Tebbets Atkinson
The Cler: of the Councel brought A Vote for the Printing the
Laws of the Province Concured With —
Voted that An Act be passed Concerning Bankrupts &c
* 1-130 * Cap' Davis And Coll : Walton Chosen A Comitte to Joyne
w'^ Mess"'^ Penhallow and Wentworth to Draw up the Act
About Bankrupts &c
Adjorned to the 2^ Decem"" ten of Clock
2^ Decem'' 171 5 Mett Present As Yesterday
M'' Penhallow Came from the Councel With Several Papers Relat-
ing to the Petetion of Sundry Inhabit^ of Oyster River With the An-
swer thereto by Many In the S'' District ; With the order of the L*
Gov : & Councell thereabouts
* i-i 3 1 The House Not hearing the Partys thereon * And nV Penhal-
low Informing that the Matter was Adjorned to the next
session of the General Assembly make Noe order thereon but a Mes-
senger was Sent With the s"^ Papers that the Mind of the house Was
that the L' Gov : & Councels Authority Was Suffitient for ordering
the Collection of Any Money Due to Any Minister being Agreed
With According to law
Adjorned to the third Dec :
171 5] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 73
3^^ Dec : 171 5 Mett Accordin<jj to Adjornment Present As Yester-
day
Mess"^ Walton & Davis Joyned With the two Gentlemen of the
Councell to Draw up An Act About Bankrupts &c : Make their Re-
turn Which Was Allowed And the Act Signed by the Speaker
* Voted m"" Speaker Gerrish, Major Smith & nV Atkinson * 1-132
Joyne w''^ Mess"^ Plaisteed & Hunkins As A Comitte to
Revise theLaws &c
Adjorned to the 20''^ Ins' twelve of Clock by order of the L' Gov""
20'*^ Decem"" 171 5 Mett According to Adjornment Present
y"^ Speaker Cap" Davis M"" Thing
Theodor Atkinson Esq'Cap" Wibird M"" Dam
M"' Geo : Jaffrey Cap" Gilman Coll Walton —
The house is adjourned for two hours
Mett According to Adjornment Present As in the Morning
A Vote Came from the L' Gov : & Councel by their Cler : sent
Down for settleing a Constables Watch Concured with —
* Mesr^ Jeffrys & Atkinson A Comitte to Draw up the Act * 1-133
Adjorned by the Speaker to the 21^' Ins' 10 of Clock
21 Decem'' 171 5 Mett Present
M"" Speaker Dam Smith
Geo : Jaffrey Thing Wear
Davis Wiberd Marston
Tebbets Walton Gilman
Atkinson
Adjorned for two hours
Returned According to Adjornment Present As in the Morning —
The Cler : of the Councel Came to the House from the L' Gov : to
Desire A Conference ; Accordingly the House Went to the
Councell Chamber* and Discoursed on the following affairs * 1-134
viz'
Runing Town Bounds, Raiseing Money prohibet Exporting Wood.
Settle y® Proportion of y^ Prov : Tax for Kingston & The Shoales
Limitt y^ Number of Publick houses in y*^ Severall Towns, and about
y*" Due Celebration of y'' Sabbath — and Returned to the House
The House Adjourned to the 23'^ 10 a Clock
74 PROVINCE OF NEW HAMPSHIRE. [l/IS
Dec' 22'' The House :\Iett ^sent
Maj' Smith Geo : Jaffrey M-" Mastin
M-" Wibid Atkinson M' Tibbets
JVI"" Thing Cap' Davis Walton
Cap' Gihnan M'' Dam
Adjourned for two hours —
Mett Present As in the Morning
The Speaker being Absent AT Gaffry And IVI"" Atkinson Acquainted
the House that the Speaker Gerrish Was Very Indisposed And Not
Capable of Coming to the House Major Joseph Smith Chosen Speak''
Pro tempore
*ji-i35 * Whereas y^ Multiplicity of Taverns tend to Disorders
Voted That the Number be Limitted viz'
The Town of Portsmouth Six
The Town of Hampton Three
The Town of Dover two Oyster River one
The Town of Exiter two
The Town of New Castle Two
The Town of Kingston one
The Parish of Newington one
And No More within y^ Province and all Other Tippleing houses Sup-
pressed. The Justices at the Ouarf Sessions to Appoynt & Lycence
the Said Publick Houses or Taverns —
Voted That there be at Least fourteen Day's Notice given to y^ In-
habitants of y^ Severall Towns before the Generall Cho3Te of Rep-
resentatives and Seven Day's Notice for a particular Choyce of a
Single Member —
Voted That the shoales be Notifyed to send a Member to Represent
them in y^ Generall Assembly
Voted That the Town or Parish Bounds be Perambulated & a Com-
mitte Appoynted therefor
The House Adjourned to y^ 23"^ Ins' 10 a Clock Ante Meridiem
Dec"" 23 The House Mett '^sent
M"" Speaker Coll" Walton M"" Dam
M"" Thing Th« Atkinson Geo: Jaffrey
M' Wibird Cap' Oilman Maj-- Smith
M-- Ware M-" Marston Davis
Maibbets
1715] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 75
* Voted That the Town or Parrish Bounds Within this * 1-136
Province formerly Appointed to be Perambulated by a Com-
itte for
Portsm" Mark H unkings Esq""
Cap' Richd Wiberd
Hampton Mess Peter Wear
Joshua Wingate
Exeter — Nich : Oilman Esq''
M'' Jona : Wadleigh
Dover James Davis Esq""
Cap' Timo : Gerrish
New Castle John Frost Esq""
Kingstown M'' Jona : Sanborne
The Major part of Which Comitte Shall Make their Return to the
Gener" Assembly As Soon As May be After they have Accomplisht
It by order &c
Copia 23 Dec : 1715 Theo : Atkinson Cler :
* Voted That the Comitte be Allowed Each seven Shilings * 1-137
^ : Day for their service Duering the time thereof And If
Any Refuse or Neglect to give their Attendance being legally Noti-
fyed It shall be in the power of the Select men of Each Town to
Choose Another in his Room And Each town to pay their own Com-
itte by order of the House
Copie 23 Dec: 171 5 Theo: Atkinson Cler
Adjorned for two hours
Mett At the Speakers house he Not being Capeable of Going to the
Useal place present
M"" Speaker Atkinson Smith
Jaffrey Davis Wear
Wiberd Tebbets Marston
Walton Gilman Dam
Thing
Adjorned to the 24''' Ten of Clock
* Decem"" 24"^ 171 5 Mett Att the Assembly House Present * 1-138
Smith Davis Thing-
Wear Dam Gilman
Marston Tebbets Walton
Jaffrey Wiberd Atkinson
The Speaker being Incapable of Coming to the House Major Smith
Chosen Speaker pro temporee
ye
PROVINCE OF NEW HAMPSHIRE.
[1716
A Vote sent Down from the L^ Gov : & Councell Relateing to Rim-
ing the bounds of the Towns or Parrishes something Differing from
our Vote Yesterday Concured With & sent Up
The Giveing of Credit and Book keeping Being Necessary in Carry-
ing on Trade.
But Acco'* Long Depending often prove of 111 Consequence for Pre-
venting of which
Voted That no Book Debt shall be Recoverable from the Date here-
of that shall be of more than three Years Standing unless y*" Debt
be under forty shill & that an Act be Drawn up Accordingly w^**
Necessary Exceptions
* 1-139 * Voted That Starr Iseland be a Town Caled by the name
of Gosport
The Speaker proposed the giveing A present to the L* Gov :
Voted
* 1-140 * By the L' Govern'' Adjorned Untill Munday the 2^ Jan''^
Next 12 of Clock
2 January i/iVe
The House Mett
Present
Davis
Marston
Jaffrey
Tebbets
Gilman
Wiberd
Walton
Thing
Smith
Atkinson
Dam
Wear
they Re-
10 a Clock. —
The Speaker being not Able by Reason of Sickness to Come to the
house In order to Settle the house Major Smith Chosen Speaker pro
temporee
Mess''^ Davis & Tebbets Sent to the Councel board to Inform them
their was a house And Desired to be Informed Whither they had
Considered several Votes sent formerly from this house
turned their was Not A Councell
Adjorned till the 3*^
* I- 141 * The House Adjourned to y
Jan'' 3 : The House mett '^sent
Maj-- Smith M-- Wibird
iVF Mastin Atkinson
Cap' Gilman Cap* Davis
M^ Thing M-" Tibbets
Maj"" Smith Voted Speaker pro Tempore — M
protempore.
The House Adjourned to 2 a Clock Post Merid"'
Mett Accordingly "^sent ut Supra — Except IVP Wibird & Cap'
Davis —
M"" Ware
M-" Dam
Coll" Walton
Geo : Jaffrey
Sam^ Thing- Clarke
1/16] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 7/
A Vote Sent from y*^ L' Gov'' & Councill That An Act be Pas' for y«
Suppressing- Disorders in Licenced Houses and in Order thereto That
Titheing men be Chosen and Sworn in Each Town within y^ Prov-
ince to Which to the House
Vote a Concurrence —
The House Adjourned to y^ 4*^ Ins' 10 a Clock —
*Jan'-4"> The House Mett ^sent * 1-142
Maj-- Smith M^ Dam M-" Thing
W Tibbet Geo : Jaffrey M^ Mastin
M"' Ware Coll" Walton Atkinson
M'- Gilman
Maj"" Smith Chosen Speaker pro tempore M"" Sam' Thing Clarke pro
Tempore —
y\djorned for two hours
Mett Present
Maj"" Smith Thing Ware
Walton Atkinson Dam
Gilman Marston Jeffrey
Tebbets
Adjorned to the 5'^ Ins' ten of Clock
Jan^ 5'^ The House Mett "^sent
Cap' Gilman M-" Tibbets M"- Dam
M'' Wibird M' Atkinson Geo : Jaffrey
M' Mastin M"- Ware Coll° Walton
M-- Sam' Thing
Voted M"" Sam^ Thing Clarke protempore
Adjourned for two hours —
* Mett ^sent as before * i-i43
Voted Theod"" Atkinson Esq"" Speaker pro Tempore
A Vote concerning y® Oblidgeing Persons to attend some Publick
Service on y'' Sabbath Sent from y^ Lt Gov"" & Councill. to w^^
Ordered that Nothing be Acted theron there being a Law in y®
Prov : Relateing thereto — as allso a vote for giveing Jn" Partredge
twenty pounds — Not Allowed
Voted Coll" Walton & M"" Wibird a Committe to Joyne with y*^ Com-
mitte of y^ Councill to Draw up an Act About Book Debts —
Voted That there be a Committe Appoynted to Receive y^ Claimes &
Audit y*^ Publick Acco'^ of the Province —
yS PROVINCE OF NEW HAMPSHIRE. [l?!^
Voted Maj"- Smith M"" Sam' Thing & Geo : Jaffrey be of y^ Com-
mitte Above said to Joyn with Coll" Waldron Jn° Wentworth &
Jn" Plaisted Esq''^ Chosen by y'' Councill —
Voted Marke Hunking & Sam' Penhallow Esq''^ Maj'' Smith M' P"-
Ware. & M' James Jeffrey accompanying them be a Committe of
this Province to Joyne & mett the Persons Appointed by the Mas-
sathusetts to Run y^ Divideing Line between this & that Province
— And that they be allowed ten shill "^ Diem —
* 1-144 *Haveing Appointed a Committe to Revise the Claimes &
Audit y^ Acco' of y"" Prov :
Voted That Upon the Return of said Committe Wee will make
Provision for the Payment of what they shall find to be Due when
Allowed by the Gen' Assembly
Jan 5''^ 171 5
The House Adjourned to y^ 6"' Ins* 10 a Clock —
ejan-T^ 1715/^
Mett
Present
Walton
Wiberd
Oilman
Jaffrey
Atkinson
Wear
Thing
Dam
Marston
Tebbets
Voted Theod"" Atkinson Esq"" Speaker pro tempore
A Vote sent Down from y^ L' Gov"" & Councill for an Address Con-
gratulatory to the Kings most Excellent Majesty on his Deliver-
ance from a hellish Conspiracy &c
Voted Wee are all ways thankfull for his Majesties Preservation and
Rejoyce at y*^ Detecting of Conspiracies against his Sacred Majesty
& Goverm' But the News being somewhat uncertain think proper
to Suspend an Address untill further Information/
* 1-145 * Voted that New Castle bounds Run Southwest from Samp-
sons point And then by hampton bounds to the Sea —
Adjourned to the /^ Ins' 10 Clock
7'^ Jan'y 171 5 Present As Yesterday
Voted Theod"" Atkinson Esq"" Speaker pro Tempore
Voted That an Execution upon Land shall give a Good Title to it in
four Years after Return of s'' Execution
Being Informed that thro y^ Sickness & Death of Charles Storey Esq""
Deceased Late Secretary of y'^ Prov : Severall Laws Enacted in
May 1 7 14 had not y^ Scale of y'= Prov : Affixed to them
Voted That the Scale of y^ Prov : be forthwith Affixed to those Laws
that they may be in force as tho Sealed in Season and they be
Printed with y*^ other Laws —
I716] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 79
Adjorned to Wedensday the ii^'' Ins^ Ten of Clock by order of the
L' Gov :
* 1 1 January 171 5 The House I\Iett According to Adjornm' * 1-146
Present
Major Smith Coll Walton M"- Dam
W Wear Theo : Atkinson M-" Jaffrey
M"" IMarston Cap' Oilman Cap' Wiberd
M-- Tebbets
Major Smith Chosen Speaker Protempore
Adjorned Untill the 12''' Inst 10 of Clock
12'^ Jan''y 1715 Mett Present As Yesterday
M"" Treasurer Penhallow Came to the House and Informed the
Speaker that he was Chosen by the Councell to Receve from Mad"*^^
Storey What Publick papers yet Are in her hands And Desires one
May be Chosen To Joyne In that Affayre M'' Geo : Jaffrey Was
Chosen —
* The House Adjourned '^ the Speaker for two hours * i-i47
Mett "^sent as before
A Message sent Down from the L' Gov"^ & Councill that they Re-
solved not to Delay an Address to his Majesty upon Which
Voted That this House Joyne with y^ L' Gov"" & Councill to Address
his Majesty's Safe Deliverance from the Hellish Conspiracy and a
Committe be Chosen out of both Houses to Draw up an Address
Accordingly
Adjorned to the 13"^ Ins' 10 of Clock
Jan"- 13''^ The House Mett ^sent
Maj-- Smith M-" Tibbets M"" Ware
Cap' Gilman Atkinson Geo : Jaffrey
M-" Mastin M'' Dam Walton
M-- Wibird
Voted Maj"" Smith Speaker pro Tempore
Voted And be It Enacted &c : That A Constables Watch be sett
And An Act Drawn Up Accordingly
Adjorned for two hours
Returned According to Adjornm' Present As in the Morning
* 13 Jan''>' 1 71 5/6 A Vote from the Councell board for * 1-14S
Chooseing two to Joyne As AComitte With Rich"^ Waldron
And Sam" Penhallow Esq""^ to Draw Up An Address to the King
Mess*"^ Geo : Jaffrey And Theo : Atkinson Chosen of this house to
8o PROVINCE OF NEW HAMPSHIRE. [l?!^
Joyn with y"' Committe of y'^ Councill to Draw up the Address pur-
suant to Our Vote —
Adjorned to the 14*'' Ten of Clock
i4"'Jan''>' 1 71 5 Mett Present As Yesterday Except M"' Tebbets
The Comitte for Drawing An Adress To his Majesty Returned With
their Address Viz
* 1-150 * Which Address Was Voted In the House Then the House
was sent for by the L' Govern"" And having Passed two Acts
Viz :
1 for a Constables Watch
2 for Regulation of Lycenced houses &c
* 1-151 * By the D Govern"" Adjorned to the first Day of March
Next
6 P'eb : 171 5/6 The House by A Special order from the U Gov : &
Councell Mett Present
Major Smith Cap' Davis Cap' Wiberd
M"- Wair M"' Tebbets Coll Walton
M"" Marson M"" Dam Atkinson
m"" Jaffrey
M' Jaffrey & Cap' Wiberd Were Desired to Attend m"" Speaker Ger-
rish And know Whither he was Capeable of Coming to the House or
If they Shuld Meet At his house they Returned that he Was Not
Able to Come Abroad but If they pleased they Might Meet At his
house the House sent for by the L' Govern""; Major Smith Chosen
Speaker protempore
*i-i52 * The IJ Gov: Speech Delivered After The Cler : of the
Councell had Read It Viz
Gen' When you were here At your last sessions We foresaw Noth-
ing w* Would Demand your Attendance Untill March the time Ap-
pointed for your Meeting but Sundry things Intervening it was the
Advice of his Majestys Councel to Call you together this Day/.
What I have to Offer to you I hope will Not Admit of A long Debate
your Resolves May be Speedy — I have Sundry times Recomended
the Matter of the prison^ Deficiency to your Consideration You Are
not Insencible of two mens Escaping thence but Upon Application to
his Hon"" Coll : Tailer of the Neaboring Goverm' he Issued out his
order for their Apprehentions so that one of them is Returned to
Prison and the other Secured In Salem Goal In order to be
* 1-153 sent heither * By Restoring the first the Province hath
Saved At Least ^{^300 : Which the C"""" Were About t>o sue for
And would have Infalibly Recovered And by both Wee laid Under g'
I716] JOURNAL OF THK HOUSE OF REPRESENTATIVES. 81
obligations to that Goverm' I am to Inform you It was the Adv^ice of
the Councel that A Gaurd of two men Shuld be placed over the Prison
till the Court of Goal Delivery Comes in Its turn which is Next week
wherby An Accruing" Charge lyes on the Goverm' And Uoubtles
your Care will prevent It for the future
I would Observe to you that where no Discipline And Rig"" is to
punnish offenders their Can be No Expectation of A Civil Decorum
And where No Prison in A Common Wealth No Restrant from Ille-
gal behaviour And Trespases so that our Goverm' Is but A Name
And Not the thingy'. I Am Inform'^ that the laws Are fited for the
press —
M"" Treasurer Penhallow has been Att Boston And tells
Us he hath Discorse'^ * The Printer As he Can Inform you I * i-i 54
am of Opinian No time shuld be lost Your Money lyes Dead
in the Treasury so that we have No Advantage in Delay
Gen' I have Another thing to Informe you but Whither It Concerns
you As Representatives of your people I shal Not Determine but As
you Are My Neabors I think it Incumbant to let you know That I
have Receved A leter from the Administra""^ of the Estate of S'' Cha :
Hobby Decesed who As they Relate Did buy half the title to this
Prov. how far It Respects you you May Consider they offer you the
Purchase but I Am of Opinian Goverm : hath Nothing to Doe with
purchases but Especially Not without his Maj''' Royal Lycence had
and Obtained of the two former I Doubt Not but you will take Effectual
Care And the sooner you Doe It you May Return to the
Managem' * of your own private Affayres I know the Sea- * 1-155
son of the year Calls you to your Respective buisineses ; If
you think of Any thing by way of Preliminary that you Can Advise
me in (to give the Comitte of this Prov : Appointed to Meet the
Comitte of the Pro : of Massathusets to Run the Partition line be-
twen those two Gov""'^) You have Now An Oppertunity What I have
farther to Offer I shall Deferr till your sessions in Corse Which is A
More Leasure Season of the Year
Copia Feb: 6"' 171 5/6 Geo: Vaughan
Adjorned to the y^^ Ins' nine of Clock to M"" Speaker Gerrishes
7 Feb : 171 5/6 The house Mett Present As Yesterday M"" Speaker
Gerrish and m"" Thing & m^ Esman —
* In Answer to the L' Gov : Speech * i-i 56
The 12''' Nov: last a Comitte made A Return About the
prison Upon Which Wee Voted the Needful y'^on As to the laws we
Expect the Comitte Appointed to Collect And Revise them Make A
82 PROVINCE OF NEW HAMPSHIRE. [l?!^
Report thereof to the General Assembly Upon w'^'' Wee Desire they
may be printed so Soon As May be According to our former Vote
As to the Title of the land Wee Are of the Same Opinian that As
Wee Are Representatives It Dos Not belong to Us
Wee Desire that the Comitte Apointed to Run the partition line
betwen the Massa'*" & this Province May be Impowerd And pro-
ceed When they have Notice from the Massathusets
* 1-157 * I March 171 5 The House Mett According to the Adjorn-
ment from the 14"' Jan''>' last Present
M"" Speaker Gerrish Atkinson Gilman
Wiberd Jaffrey Thing
Walton Davis Easman
Smith
Mett Att M'' Speaker Gerrishes ; Cap^ Rich"^ Wiberd Sent As A mes-
senger to the Councelto Inform the Councel that Wee Were A house
he Returned his answear that the Councel Would send the house A
Messenger —
The Clark of the Councel Came to the house And Informed that
the L^ Governour was so Indisposed that he Could Not Come to the
Councel this Day but was in hopes to be there tomorrow
* 1-158 and If the house had Any thing to "^ offer they were Redy
to hear them otherwais they would Adjorn till the 2^ Ins^
10 of Clock
Adjorned by the Speaker to the 2^ Ins' ten of Clock
2 March 171 5/6 Mett Present As yesterday & M"" Tebbets — ; The
Cler : of the Councel Came to the house and Informed that the
Councel Were Adjorned to Tuesday the 3'^of April And this house
Is Accordingly Adjorned to the t,^ April Next
3 April 1 716 The House Mett According to Adjornment Present
M"" Speaker Gerrish Marston Tebbets
Jaffrey Gilman Walton
Wiberd Thing Atkinson
Wear Davis Easman
Dam
* 1-159 * Adjorned to the 4"^ Ins' 10 Clock
4 April The House mett According to Adjornment pres-
ent as yesterday
Adjorned for two hours
Returned According to Adjornment
I716] JOURNAL OF THE HOUSE OF REPKESEXTATI VES. 83
A Vote Sent Down from the IJ Gov : & Councel for building A
Court house/. Under Consideration
Adjorned to the 15''' 10 of Clock
5 April ]\Iett According to Adjournment, Present the Whole
House
Voted Cap'-^ Davis & Wiberd A Comitte to Joyne John Plaisteed &
Mark Hunkins Esq""^ As A Comitte to View his Maj'^ ffort At
New Castle And make Report thereof According to the Vote from
the Councel on file Adjorned to the 6 Ins' 10 of Clock
* 1 716 6 April the Whole house Mett According to Ad- * 1-160
jornment
Adjorned to the 7''' Ins' Ten of Clock
7* April the House Mett Present the Whole House
A Petetion of Sam" Cutt Read and Concured According to the Vote
of the Councel for the Sayle of some land At Oysteriver
The Comitte for Examining the fort & Stores &:c : At New Castle
Made Their Return As on file
The Comitte for Revising and Printing the laws made their Returne
As on file forty nine In Number Ordered that they be Printed forth-
with
* Voted That their be A Prison built In the town of Portsm" * 1-161
At the Expence of the Province The S'^ Town to Provide
Land to sit itt on W"' Conveniency for yard Room At their Charge
and that the Timber of the old be Improved therabout So far As
may be Convenient And that Mesrs James Davis & Geo : Jaffrey
be A Comitte of this house to See It Imediately Effected And
that The Treasurer suply Money for Discharging the Cost thereof —
that the building A Court house be suspended for A time Wee
Desire the Comitte for Auditing the Publick Acco*'* to give Notice
when the Will Examin them & When Done Make their Return of
all D*^ Upon Which At our Next Meeting Wee will Repeat Money
for payment of them that Shall be Allowed by the General
Assembly and for What ever Else May then be Needfull *And * 1-162
In Case His Excellency Coll Purges Arrive here before our
Next Meeting
Voted That the Treasurer Suply for his Reception and that his En-
tertainm' be At Coll : Packers House And upon his Arrival M''
Speaker Gerrish Mes""** Atkinson & Jaffrey be Mes""^ from this house
to Joyne with such to be chosen of the Councell to Complement
& Congratulate him on his Arrival
84 PROVINXE OF NEW HAMPSHIRE. [l/I^
Voted That Benjamin Acerman be Allowed Seven Pounds '^ :
annum for the future out of the Treasury for his Attending the
Councel And Assembly
The House by order of the L' Gov : Adjorned to the i of May
Next And Accordingly the house Is Adjorned to the first of
Ma>-
* 1-163 '*i7i6May i The house Mett According to Adjornment
Present
M'' Speaker Gerrish Wear Dam
Jaffry Marston Easman
Wiberd Gilman Walton
Smith Davis Atkinson
Tebbets
Cap' Davis sent to the L' Gov : And Councel to Inform that the house
Were Mett/. Returned that their Was Not a Councel And that they
Were Adjorned to the 2'^ Inst
The house by the Speaker Adjorned to the 2"^ Ins' 10 of Clock
May 2^ The House Mett ^sent
M"" Speaker Gerrish Maston Easman
Jaffrey Dam Atkinson
Wibird Gilman Walton
Ware Davis Smith
Tibbets
* 1-164 * Adjorned for two hours
Returned According to Adjornm' Present the Whole House
Except M"" Sam^' thing
The Committe ffor Runing the Line between the Massathusets &
this Province made their Return As on file
The Committe for Auditing the Acco'^ of the Province Made their
Return 14 Acco'^
Adjorned to the 3 May Inst
May 3^ 1 7 16 The House Mett. ^sent
M^ Speaker Gerrish M-" Tibbets Maj-" Smith
Cap' Davis Coll° Walton Geo : Jaffrey
Maj-" Gilman M"" Wibird M"" Easman
M"" Mastin M-" Ware Atkinson
In Answer to a Vote of y^ L' Gov"" & Councill about an Action of Ap-
peal Depending betwen Maj"" W"' Vaughan & Ed Gate.
I716] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 85
Voted That as y*" Appeal is to y^^ Gov"" & Councell & not to this
House We Doe not Concern therin —
* The Peticion of Hugh l^onfield Read and the Vote of y'^ * 1-165
L' Gov'' & Councell theron In Answer to which
Voted That the Request in Said Peticion be not Granted — nor
Said Vote of L' Gov*^ & Councill Concured with
The House Adjourned to 3 a Clock P M — And Mett Accordingly
on Veiwing the Return of the Comitte for Auditeingthe Acco"'^ of the
Province N" 10 M' Sheriff Phipps Acco" being Perused Allowed As
on file ;!{^I4 : 18 : — • And for the future No More then Six pound "^ :
Annum for his ILxpresing Lettrs Waiting on the Gov : and Councell
&c —
Adjorned to the 4"' 10 of Clock
4*'^ May 17 16 The House Mett According Present the Whole house
Except M'' Thing
Voted That y*^ L' Gov"" & Councill may further Continue y*^ Appeal
Depending between Maj'' W™ Vaughan Esq"" & Edward Cate any
Law Usage or Custom to y"^ Contrary notwithstanding —
* The Petetion of Nath Hill and Other Inhabitants of Oys- * 1-166
ter River being Read and An Answear therto by ffrancis
Mathews and Other Inhabitants of the same parrish being Con-
sidered It is thought fitt to grant the Petetioners their Request As
"^ : Vote on file Cap' Davis & m"^ Tebbets Desent
Adjorned to the 5''' Ins* 10 of Clock
5 May mett Present As Yesterday Except Major Smith
Voted that the L' Gov : & Councell be Allowed 5V f : Day Duer-
ing the setting of the General Assembly In Consideration of
Which they be Wholley At their own Expence
Mess"^^ Waldron & Hunking of the Councel Attended With the
Cler : Came into the House Adjorned them to Munday the 14'^
Ins'
* 14'^ May 1 716 The House Mett Present * i-i 67
M"" Speaker Gerrish Davis Atkinson
Marston Walton Smith
Thing Jaffrey Dam
Wiberd
Adjorned to the 15''' 1716
15* May The House mett ^sent
86 PROVIN'CE OF NEW HAMPSHIRE. [^/I^
M"^ Speaker Geo : Jaffrey Coll° Walton
Cap' Davis M" Easman Maj^ Smith
M-" Wibird M^ Thing Wire
M"" Dam Ephr^ Mastin Atkinson
M-- Tibbets
The Peticion of Coll° Packer and Sundry the Inhabitants of y^ Town
of Portsm°. Read, and in Answer to which
Voted That y^ Peticion therin mentioned y* was formerly Prefered
be Considered of, and in order therto that Cap* Rich^ Wibird Waite
on y^ L' Gov"" & Councill to Desire y^ s"^ Peticion may be Sent
Down to this House or a Copy thereof.
The House Adjourned to 3 a Clock
* 1-168 * May IS''' 1 716 A Vote Sent to y^ L' GoV & Councill that
the Peticion of Coll*" Packer &c Inhabitants of y^ Town of
Portsm" that was formerly present and not yet prefered to this
House be Layd before y^ House —
For v^ Preventing of any future Disturbance and Differance that
has or may Arise in y*" Town of Portsm° about y^ Ministers Sal-
lery's in y^ Town
Voted That the Subscribers to and Constant Hearers of y^ Rev""^
M"" Rogers at y^ New Meeting House Be Impowered and Inabled
by an Act to Support him there in y^ Ministry by an Equall Asses-
ment on them Selves And that they be Excused Paying any thing
towards y^ Support of any Other Minister in y^ s"* Town untill
Named and Chosen by an Assembly of all y^ ffreeholders of y^
Town according to an Act of Gen' Assembly of y® 11"' May 17 14
and that y^ Hearers of M"" Emorson have y® same Power for Raise-
ing his Sallery among them Selves —
Coll : Smith Desents Against the Above Vote
The House Adjourned to y^ 16''' 10 a Clock
May 16"' The House Mett "^sent
M"" Speaker M-" Wibird Geo : Jaffrey
Coll° Walton M-- Tibbets Atkinson
M' Easman Wear Smith
M"" Dam Cap' Davis Marston
* I- 1 69 * Whearas We have Perused the State of y^ Province By y^
Return of y*^ Committe for Auditing y^ Publick Acco'-^ and
by y^ Treasurers Memoriall find there will be but a Small Sum Left
in the Treasury after y^ Debts are Pay'd &c.
Voted That y'^ fifteen hundred pounds now in the Treasury be Re-
I716] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 8/
peated for Payment of y*" Prov : Debts allready approved of & Such
future Incident Charges as Shall be allowed of by y^ Generall As-
sembly and out of y^ Remaining Money two hunch-ed pounds be
Lett to y"^ L' Govern'' Coll" Vaughan according to his Request and
y^ Rest (if any be) to others all on the Like Security that the former
fifteen hundred pounds was Lett at. Mess""^ Waer and Davis a
Committe of this House for Leting out the money and takeing Se-
curity therefor — .
Mess'^ Jaffrey & Atkinson A Committe of this house to Draw up
An Act Accordingly
Voted That the Act for Excise be Continued for the Insueine:
Year —
A Vote Sent Up for Encourgm' of kiting Woolnes
Adjorned to the 17''' 10 Clock
17 May Mett Present
M"" Speaker Gerrish Davis Wiberd
Smith Tebbets Atkinson
Wear Dam Jaffrey
Marston Walton
* A Vote for Defering the payment of one half of the two * 1-170
thousand pounds Which Shuld have been Raised this year
unto the year 1721 sent Down from the Councel Board Concured
with
Mess" Jaffrey And Atkinson A Commite of this house to Draw up
the Act
A Vote for A New proprotion of the several towns & parrishes for the
Collection of the Province Taxes sent up
Adjorned to the i8*'' Lis^ 10 of Clock
May 18*'^ The House Mett f sent
M"" Speaker Wibird Jaffrey
Cap' Davis Dam Wiar
M^ Mastin Walton Atkinson
Tibbets
Voted M' Rich"^ Wibird Clark pro Tempore —
* Wheras there is An Act for keeping free hold In Each * 1-171
town in this Province — for farther Incourgment of Clear-
ing
Voted that Where any parrish Is Sett of from any town to Main-
tayne A Minister by them selves they shall have power within
88 PROVINCE OF NEW HAMPSHIRE. [l?!^
them selves to Agree With A Publick Scool Masf and to build or
hyer A Scool house As they shall think Convenint and Duering
his being in S'' Parrish they be Excused Paying to the free Schole
of the town —
■^ Ord'' of the house of Representatives May i8'^ 1716
A Vote came from y^ L' GoV & Councill for takeing of y^ 5 pC*
on y® Bills of this Province To which
Voted a Nonconcurrance/
The Peticion of Cap^ Jn° Pickerin & others. Read and Consid-
ered of upon which
Voted that it is a Scandelous Reflection and false Accusation
aganst y*^ Selectmen of y'' Town of Portsmouth Who have fairly
Settled the Town Acco'^ and Brought them into Publick Town
Meeting and there voted to y^ Satisfaction of y"^ ffreholders of y^
Town as Appears by a Certificate from y^ Town Clark
Whearas there is an Act for keeping free Scholes in Each Town
in this Province.
For further Incouragement of Learning.
Voted That Where any Parrish is Sett of from any Town to main-
tain a Minisf by themselves they shall have Power within them-
selves to Agree with a Publick Schole Masf and to Build or hyre a
Schole House as they shall think Conveniant and Dureing his Be-
ing in s'^ Parish they be Excused Paying to y^ free Schole of y^
Town Provided it be a Gramar Schole/
* 1-172 * A vote that lies of Sholes be Oblegd to pay their Province
Tax in the Town of New Castle Concured "VVith
Adjorned to the 19"" 10 of Clock
May 19"' The Hous met presant
M'' Speaker Mastin Tibbets
Cap' Davis Dam Jaffrey
Wibird Coll° Walton Ware
The House Sent for by y^ L' Gov"" & Councill and after Passing three
Acts, viz* for continueing y'^ Payment of lOOO;^' to y"^ year 1720 y*
was to have bin Pay'd 1716 for Repeating fifteen hundred pounds for
Continueing Maj"" Vaughans Action with Ed Kate —
and then Dissolved by y*^ L' Govern"'
* i-i 73 * Pi'o^ New Hamp''
Att A Genneral Assembly Caled by the Honble Geo l
Vaughan Esq'' Caled the 21 August 17 16
for Portsm° Rich'^ Gerrish Esq''
Geo : Jaffrev Esq"'
Cap' Rich-^ Wiberd
I716] jOURXAL OF THE HOUSE OF REPRESEXTATIVES. 89
Hampton Joseph Smith Esq""
Peter Wear Esq"^
]\P Epha : Marston
New Castle Shad : Walton Esq''
Theo : Atkinson Esq''
Dover James Davis Esq""
M' Sam" Tebbets
Exeter Cap^ John Oilman
L' John Gillman
Newington Cap' John Downing
Streightham M"" W^ Moor
Kingston jVP Sam" Easman
* Then Appeared * 1-174
Gerrish Marston Downing
Jaffrey Walton Oilman
Wiberd Atkinson Oilman
Smith Davis Moor
Tebbets
Mark Hunkin & John Wentworth Esq'^^ Attended by the Cler : of
the Councell Were Sent by the L' Oov : And Oualifyed the Above
Members Who Were Sent for by the L' Oov : to the Councel Cham-
ber and ordered to Return to there own house And Choose A Speaker
Rich'^ Oerrish Esq"" Chosen Speaker
Cap' Rich^ Wiberd Cler :
The House being Sent for to the Councel Chamber and Presented
their Speaker —
The L' Oov'^ Speech^ Delivered As f^ : Copia
Adjorned to the 22 Ins' nine of Clock
* The L' Oov: Speech * 1-175
Oent"^ I have had thoughts of Convening an Assembly Some time
Since & think there is a great Occasion for one, but y^ harvest of
Hay & English Corn Season caused me for a w^hile to deferr it not
being willing tolnjure aney nor especially y^ Publick good —
The occasion of Disolveing y^ last Assembly was verry distastefull
to me there is a p''ticular Dubty lyes on me as on you, on me not to
Suffer the Revenue of the Crown to be lessoned & on you to Sup-
port the Hon'' & Dignity thereof
Gent of the Low^ House —
The matter of Impost is what every Goverm' in the world doth
butt we I have all y^ Irc'ination Imaginable to give full Satisfaction
90 PROVI^XE OF NEW HAMPSHIRE. [l/I^
to the whole goverm^ & to this Assembly in '^ticuler in all things
within my reach, but tis unhappy we cannot all Reason alike It wold
rejoyce me that care might be taken to render the Administration of
Government easie that Laws might be puntually observed, that evils
may be redressed y* you will putt trade and Customs on y' foot w'^'^
is Just and may Lessen the publick Taxes —
Genf" I would have an act past for y'^ Treasu"" to State the ac-
comp*^ of the Province y' we may Know what mony has bin Emitted
how much paid in how much burnt how much Lent how much out.
w* Revenue has bin to y*^ Pro : y^ lo years by those two branches of
Excies & Impost w^ y^ mony is & how Imployed that we may Know
our Condition
I hope you will have regard to the State of the Pro : in gen" y^ the
Hon"" of the Kings Goverm' may be Kept up & may not be Lessened
by aney Sinester methods or faction —
* I- 1 76 * I think it Reasonable that Pedlers & petty Chapmen be
provided agn* by an act Obligeing all and everry Stranger
Retailer of aney Commodity of ten pounds Value or that publickly
shall sell to that Vallue of things inanimate give Securety to Answer
the Assesm'^ within every town in this Pro : where y® saile shall be
made. I think it Reasonable that those that Stand by the Stuff
should have the beneffitt of traffick to enable them to Support the
Hon"" of governm* that an act be made Obleigeing all town Officers to
their duty on oath perticularly all Assesm*^ and that A town meet-
ing be Called anev time at the Instance of ten free Holders and that
a Law be provided for the mentannance of the Clergy & payment out
of the publick treasury that they may be Honerab'^' Support^ and
that for the future none be Called but by Advise of the Mager Part
of those Allredy Settled or Such as shall and that Each town within
this pro that shall be destitute shall by lyable to A penalty provided
in S'^ Act beleving many good Consequencies may attend to good &
Assay I hold it nessary that Excise be Settled by A law I am of
Opinion that the Province has allready Lost two hundred pounds for
want of an Impost —
* 1-177 *I would lett you Know that your Powd'' Hous has bin
brocken open and three locks forced I hope you will be
gratefull to M'' William Walles who has receved and forwarded You""
Addresses and that thay Have bin deliverd to the King and Re-
ceved verry graciously is Evident by the London gazzett —
These with the other necessaries I hope youle do w''' all Imagin-
able disptch & y' no Consideration may retard you"" good purposes
Aug* 21 1 716 Geo Vaughan
1/16] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 9I
Aug*' 22'' The House mett according to Adjournment "^sent
IVP Speaker M-" W"' Moore M-" Eph^-"^ Mastin
Maj' Smith Coll : Walton M"" Sam' Tibbets
Cap' Davis M"" Atkinson Geo : Jaffrey
Cap' Downing M"" Jn'' Oilman Rich'^ Wibird
Cap' Jn° Oilman
*The Orders of the House Read and * 1-178
Voted to be Observed for the future
Sam" Easman Appearing for Kingstown According to Return Was
Sent for to the Councel Chamber And Oualifyed
Adjorned for two hours
The Hous mett According to Adjornment Augst y^ 22^ 1716
IVP Speaker Cap' John Oillman Cor" Sh^ Walton
Cor" Smith Cap* John Downing The" Atkinson Esq""
Cap' Davis M' p:ph'' Mastin Pef Wear Esq''
M^ W" More M-- Sam' Tebbits M^ Sam" Easman
M-- John Oillman M-" Oeo : Oaffrey Rich'i Wibird
Major Peter Wear Came to the House According to the Return of
the Precept As A Deputy for the Town of Hampton Was Sent for to
the Councel Chamb"" & Oualifyd
* The House adjourned to the 23'' 10 a Clock Ante Meridiem * 1-179
The Hous mett According to Adjornment & '^''sent
M"" Speaker Cap' John Oillman Cor" Sha'' Walton
Cor" Smith Cap' John Downing The° Atkinson '
Cap' Davis M"" Eph-'' Mastin Pef Wear Esq-"
M-- W" More M^ Sam" Tibbts M'' Sam" Easman
M"- John Oillman M"" Oeorge Jaffrey Rich'' Wibird
In Answer to His Hon""* Spech
Wee are Senceable of the Duty Incumbant on this House to Provide
for Defraying the Publick Charges of y^ Province & Support the
Hon"" & Dignity threof which we are of Opinion is most Reasonable
to be Done by an Eqall Tax on all Persons & Estates within the Same
and —
Vote that this House doe not Procead on an act of Impost for the
Insuing Year —
We find ~i^ the Journal! of this House there has bin Standing Com'it-
tes from time to time who have Examined all the Treasurers Ac-
compts which upon Return have bin Approved of and Accordingly
Voted '^ the Gen""" Assembly but all Accomp'^ Since Such \'ote we
92 PROVINCE OF NEW HAMPSHIRE. [1716
Expect to Inspect into and Desire that the Treasurer Lay them be-
fore this House Seasonabley & that he forthwith make A Calculation
of what summe of bills of Credit of this Pro : have bin Emitted
what have bin Returned into the Treasury what burnt what Repeated
& what Ltt out and to whom & the time Limitted
* 1-180 * When the Whole is to be Called in — The Act Allready
in 13eing about Swearing Town officers we are of Opinion is
sufficiant, & as to Calling towne Meetings We think the Law has made
sufficiant Provision ther'for as Also for Payment of Ministrs Sallery's
but Vote that there be an Act Drawn up Oblidging Such Towns or
Parishes that shall willfully neglect to Call and Settle an orthodox
Minisf to Pay towards the Support of y^ Ministry in the Town or
Parish thay Sprang from or to the Neighbouring Town after Six
months Such Neglect
'^'' Ord"" of y^ House of Representatives —
Adjorned for two Houres
Returned According to Adjornm* Present the Whole house
The House Adjorned to y^ 24''^ 10 of y" Clock
The House mett According to Adjornement present
M'' Speaker M"" Gillman Wear
Smith Cap' Gillman Easman
Davis Mastin Wibird
Downing Tibbits Walton
More Jaffrey . Atkinson
* 1-181 *Aug^*24'^ A Vote Sent Down for an Act of Tunnage
from y^ L' Gov"" & Councill — to which
Voted a Non Concurrance —
A Vote Sent Down for an Act of Impost
Voted Non Concurrance —
Wheras it was Voted y'' f^ of Apr" that the Treasu"" Supply for Re-
ception of Coll" Burgis the then Expecf^ Gov"" & then made Provi-
sion, y''for Since which it is Reported that Coll" Shute is to Come
Gov"" in y'^ Stead of S'^ Coll : Purges —
Voted That M"" Treasure"" Penhallow Doe Supply for the Reception
of S'^ Coll" Shute Agreable to S'^ Vote of the 7*'^ Apr" and that
money be Reserved in the Treasury therfor Viz One Hundred
Pounds —
Adjorned for two houres —
The House Retur'^ According to Adjornment Present the Whole
house —
I716] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 93
A Vote from the Councill that forms of oaths Writs Summons &c :
be Drawn Up by A Comitte of Both Houses to be printed With the
Laws
Concured with In this house &
Voted To be Done by y^ Committe that Revised y« Laws
* The House Adjorned to y^ 25"^ 9 of y^ Clock * 1-182
Aug^' 25 The House Mett According to Adjornement Present
M'' Speaker I':asman Tibbits
Smith Downing Mastin
Moore Davis Wibird
Cap' GiUman Jaffrcy Walton
Gillman Wear Atkinson
Proposition being made by Coll"^ Waldron & Hunking from y^ Coun-
cill ab' giveing Eighty pounds (being y*^ Gov'"' halfe year's sallery Ac-
cording to the former Establishment) unto y^ L' Gov"" Coll° Vaughan
which Being put to vote and
Voted The Contrary —
Wheras the .Bonds Given for Mony Lent are Reposed in the Hands of
Rich'^ Gerrish Esq"" Speaker of this House and Among them is a Bond
of his One
Voted that the S'' Gerrishes Bond be put into the hands of Marke
Hunking Esq'' and that the Bonds for the Money Lately Lent be
pute into the Hands of the S"^ Rich'' Gerrish Esq""
Aug* 25''' 1716 ^ Ord''y^ Howse —
* The House Adjorned for two bowers * 1-183
Mett According to Adjornment Present
M^ Speaker
Walton
Downing
Jaffrey
The House Sent for up to y*^ L' Gov"' & Councill And Prorouged by
the L* Gov to y^ 12* Day of Sepf
12 Sep' Mett According to Prorogation Present
M"" Speaker R : Wiberd Cap' Gilman
Cap' Davis Geo : Jaffrey L' Gilman
Coll Walton Coll Smith M-" Moor
T : Atkinson M"" Marston Cap' Downing
* The House Adjorned to y'^ 13"' Sep'' 10 of the Clock * 1-184
Wiberd
Moore
Atkinson
Easman
Gilman
Ware
Gilman
94 PROVINCE OF NEW HAMPSHIRE. [l/I^
The House mett According to Adjornment Present
Speaker Mastin Davis
Smith More Walton
L' Gillman Jaffrey Atkinson
Gillman Downing Wibird
A Remonstrance from y^ Sherife Phipps about the Insufficiancy of y^
Prison was sent Down from y^ L^ Gov"" & Councill
In Answer to which to y^ Remonstrance of M"" Shrife Phipps ab^ y^
Prisson —
This House Has allready taken Care for the Removall of y'^ Prison to
a Place where may be conveniancy for Yard Room and Appoynted a
Comity to se it Effected Who have provided Materialls and will soon
have it Done having Agreed with workmen to Doe it
■^ order of y"^ House
The Peticion of Timothy Davis aV y*" Act of Bankrupts Read and
Not Granted —
The House Adjorned for two Howers
* 1-185 * The House mett According to Adjorment Present as in
y^ Morning
A Vote sent Down from y^ L^ Gov'' & Councill for Swearing all Town
Officers that shall for y^ future Enter upon y"" offices — to which in
this House
Voted a Concurrance.
Voted that y^ Bounds of Each Town & Parrish within this Pro''
shall be Run & Bounds Renewed once in three Years, and that the
Propriat" of all unfenced Lands that are in Comon shall run y^
Lines once in two years the Same to be Done by y^ Lot Layers of
Each Town or Parrish under Penalty, and the Party Refusing or
Neglecting that forfeit twenty shilings for Every Neglect —
■^ ord'' of the Hows
The House Adjorned to y^ 14''^ 10 of the Clock
Mett According to Adjornment Preseant
Speaker Gillman Wibird
Smith L^ Gillman Jaffrey
Davis Wear Atkinson
Walton Downing More
Mastin
The House Adjorned for two howers
Mett According to Adjornment
L' Gillman
Jaffrey
Downing
Wibird
More
Maston
1 716] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 95
* The House Adjorned to y^ 15'^ 10 of y^ Clock * 1-186
Sepf 15'^ Matt According to Adjornment '^sent
Speaker
Wear
Gillman
A Vote Sent Down from y^ L' Gov"^ & Councill ab^ y^ Reception of
Coll" Shute agreable to y'^ former vote Respecting Coll° Biirgis Ap-
poynting y^ same Gentlemen to Congratulate Coll° Shute that were
Desired to waite on CoIl° Burgis on his Arrival, to which
Voted a Concurrance. —
The House having Considered of y*^ Message Delivered by M'' Treas-
urer Penhallow & Coll" Hunking the Same being of Great Moment
and Consequence and many of the Memb" Absent
Voted that the House Doe not at presant proceed theron but that
it be suspended to y*^ Next Session "^ ord"" of the Howse
M' Treasurer Penhallow Came Down and ^ Ord"" of y'^^ L^ GoV Ad-
journed this House to y^ 27'^ Ins'
* Sep'"" y* 27'^ The House mett According to Adjornement * 1-187
presant
M'' Speaker Walton More
Wear Jaffrey Smith
Gillman Maston Tibbits
L' Gillman Wibird Easman
The House Adjorned to y^ 28'^ ten in y^ morning
The House Mett According to Adjornment preseant
Speaker Walton Smith
Tibbits
Easman
Downing
The House Adjorned to two Howers
The House met According to Adjornment ^^ as in the morning.
Voted That the Law for Regulateing of Fe's be Printed with y^
Other Laws —
* Where as the Courts have been Kep' formerly at the Sev- * 1-188
erall Towns within this Province w* must needs be A ben-
ifitt to y^ Towns where thay are Holden —
Wear
Jaffrey
Gillman
Wibird
L' Gillman
Maston
More
96 PROVINCE OF NEW HAMPSHIRE. [l/I?
Voted That for the future the Courts be Kept at the times and days
by Law Appointed And at the Severall Towns as ffolloweth \^iz
At Portsmouth the two Courts of Governer & Councill to say""
Appeals as also one Supere"" Court of Judicuture in y^ Month of
February and the Generall Ouarf Sessions of the peace with the
Infeariour Court, of Commonpleas following the Said Sessions of
peace to be Kept in the Month of Decemb"" Annually —
att Hampton one Superiour Court in y^ Month of August the
Generall Quarter Sessions of p'^ & Inferiour Court following in the
Month of Sep"" Annualey —
att Dover the Genourall Quarter Sessions of y^ peas w^^ the Fol-
lowing Inferiour Court above Said in the Month of June Annualey
att Exeter the Generall Quart"^ Sessions of the Peace & y'^ following
Inferiour Court of Common pleas in the Month of March Yearly —
'^^-^ Ord"" of the House of Representatives
Sep^28^^ i;i6
Desents from this Vote
Rich<i Gerish Rich<^ Wibird
Geo : Jaffrey Jn° Downing
* 1-189 * The House AdjorneJ to y° 29^'' ten of the Clock
]\Iett According to Adjornment ^p^sent
M"" Speaker L^ Gillman Jaffrey
Downing Easman Wibird
IMoore Smith Walton
Gillman Marston Wear
Tebbits
The House adjorned for two Howers
The House Mett According to Adjorm^ ~^^ as Above —
M'' Treasurer Penhallow Came Downe and Cap' Hunkin f^'' Ord' of
the L' Goven Adjorned this Hous to y^ 24'^ of Octob'' Next
* 1-190 * 1 716/7 January 10 Pro : New Hampsh'^
at a Generall assembly Called by his Excellency Sam" Shoot
Esq"" Cap* Generall & Govern"" in chieff of s"^ province the members
Chosen to Represent the severall Towns Were.
Portsm° Col° John Plasteed Esq''
Cap' Georg Walker
Corn' Eph™ Dennet
Hampton L' Col° Joseph Smith
Maj"" Peter Weare
M"" Eph'" Marston
1 71/] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 9/
Dover Cap' Janes Davise
M' Samuell Tibbits
Exeter Cap' John Gillman
L' John Gillman
New Castle Cap' Jotham odihorn
Cap' Hugh Read
Newington m"" John Dam
Kingstown m"" Sam" Eastman
Stratham Cap' Andrew Wiggin
all which persons appeared before his Excellency & Councill at the
Councel Chamber & were there Quallified and directed to Return to
there house & make Choice of a Speaker & presen him the Repre-
sentitives Returned to ther house made Choyce of Col" John Plas-
teed Esq"" Speacker & according to his Excellencys directions pre-
sented him : Who was well accepted & ordered to Withdraw
& settell y*" house Joseph Smith chosen ClC * the assembly * 1-191
Booke & papers sent for to Cap' Richard Wibard the late
Clerk who delivered them to the Speaker —
the house is adjurned to Morrow the Eleventh Instant 10 of y^
Clocke
the house met accordingly present
IM"" Speaker Marston odihorn
Read
Eastman
Dam
Wiggin
Voted : that this house shall be govern'^ by the preceeding Laws &
orders befor mentioned
the house adjurned untill three of y*^ Clock aternoon
the house mett accordingly
M"" Speaker Marston Odihorn
Read
Eastman
Wigins
Dam
the house is ajurned untill to morrow nine of the Clock —
12 the house met according present
M"" Speaker Davise Gillman
Walker Tibbits odihorn
Walker
Davis
Dennet
Tibbits
Smith
Gillman
Wear
Gillman
Walker
Davise
Dennett
Tibbits
Smith
Gillman
Wear
Gillman
98
PROVINCE OF NEW HAMPSHIRE.
[1717
Eastman
Dam —
Wigin
* 1-192 * 1 7 16/7 the house is adjurned to munday the fourteenth
day of this Instant January teen of y^ Clock in y' forenoon
Smith
Read
Wear
Dennitt
Marston
Gillman
January 14 : the house meLt accor
ding
to adjurnment
M"" Speaker
Wear
Dam
Read
Walker
Gillman
Odihorn
Dennitt
Gillman
Eastman
Smith
Wigins
Davise
marston
The house adjurned for two hours
the house mett according to adjurnment
present
M' Speaker
Wear
marston
Read
Tibbits
Dam
odihorn
Walker
Gillman
Eastman
Den nit
Gillman
Davise
Smith
Wigins
the house is adjurned untill tomorrow nine of the Clocke in the morn-
ing
15 the house meet according to adjurnment present
m"" Speaker
Wigins
Read
Dam
Eastman
Davise
Tibbits
odihorn
Walker
Dennitt
Smith
Weare
Marston
Gillman
Gillman
adjurn-
adjurned to two of y^ Clocke afternoone —
the whole House mett in the after noone according to
ment —
* 1-193 * Voted that a duty of Impost be Laid upon all Licqers
Imported into this province from beyond Sea (viz)
ten shillings for every hogsh'^ of Rum
eight shillings for every pipe of fyall wine
ten shillings for every pipe of madeara wine
sixteen shillings for every pipe of Canara or posada wine
and for all Europian Goods one penney Sterling in the pound allow-
ing a twelfth part of y® Dickers for Leakage and to continue for one
year from the first day of March next 1 716/7 —
171 7] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 99
Read three times in the house of Representetives & past. & sent up
for Concurrance by M"" Marston
January 15 : 1 716/7 Cap' Richard Gearrish Esq"" delivered to the
Representitives the iDonds for fifteen hundred pounds from severall
persons for muncy Lent being nine in Number & a Recipt Giv^en him
by the Gierke of the Representitives the said bonds for y^ present
Lodged in the hands of Joseph Smith untill farther order by vote of
the house —
the house adjurned untill to morrow nine of the Clocke
16: The house mett according to adjurnment Present
M'' Speaker odihorn marston
Eastman Dennitt Gillman
Davise Walker Gillman
Tibbits Smith Wigin
Read Weare Dam
the house adjurned untill two of y*^ Clock afternoon
the house mett accordingly present
M"" Speaker Walker Gillman
Davise Smith Gillman
Tibbits Wear Wigin
odihorn marston Dam
Eastman
* Voted : that a duty of Impost be Laid upon Liquors Im- * 1-194
ported into this province from beyon Sea (viz) ten shillins
for every hhogg"^ of Rum
Eight shillings for every pipe of fyall Wine
ten shillings for every pipe of madeara Wine
sixteen shillings for every pipe of Canara or pasada wine
And for all Europian Goods one penney sterling in the pound : And
to Continue for one year from the first day of march next — allow' ing
one twelfth part for Leakags of y^ Liquer Read three times in the
house of Representitives & passed : And sent up for Concurance by
m'' Eph"" Marston —
Joseph Smith Cle""
the house is adjurned untill to morrow : 9 : a Clocke
17/ the house mett according to adjurnment present
m"" Speaker Eastman Smith
Gillman Dam Wear
Gillman Wigins Marston
Read Walker Davise
odihorn Dennitt Tibbits
100
PROVINXE OF NEW HAMPSHIRE.
[1717
a vote sent down for Laying a duty on the Exportation Read & Not
Concured With by this house
the house adjurned for two hours afternoone
the whole house mett in the afternoone according to adjurnment
the house adjurned to morrow nine a Clock
18 the house met according to adjurnment
M'
Speaker
Read
Gillman
odihorne
Gillman
Dam
Eastman
Walker
Wigins
Dennitt
present
Smith
Wear
Marston
Davise
Tibbts
1-195
* the house is adjurned until] 3 : of y*" Clocke afternoon
the whole house mett according to adjurnment
the hous adjund untill nine in y^ morn
the house mett according to adjurnment
19
m"" Speaker
Walker
Dennitt
Smith
Wear
marston
Davise
Tippits
C Gillman
Gillman
present
Wigins
Read
odihorn
Dam
Eastman
The house adjurned untill munday 21 : day twelve of y^ Clocke in the
mornins:
21 the house mett according to adjurnment
m'' Speaker Marston
Cap' Walke
m"" Dennitt
Smith
Wear
Davise
Tibbits
L* Gillman
Wigins
present
Read
odihorn
Dam
Eastman
M"" Speaker CoP plasted not appering this afternoone : Capt : James
Davise was Chosen Speaker protempy
Who adjurned the house untill to morrow nine a Clocke in the morn-
ing
22 : The house mett according to adjurnment present
m"" Speaker plasteed marston Read
Walker Davise odiorn
Denitt Tibbits Dam
Smith L^ Gillman Eastman
Wear Wigine Cap^ Gillman
I /1 7] JOURNAL OF THE HOUSE OF REPRESENTATIVES. IQI
*the house adjurncd untill two of y^ Clocke after noone * 1-196
the house mett according to adjurnment presen —
m'' Speaker Eastman Weare
Cap' Gilhnan \Vit;in Marston
L' GiUman Walker Davise
Dam Dennitt tibbits
Read Smith
The house is adjurned untill to morrow nine of the Clocke in the
mornins." —
Jan"^ 23 : the house mett according to
adjurn
iment present
m"" Speaker
marston
Wigens
Walker
Davise
Eastman
Dennitt
Tibbits
Read
Smith
Cap' Gillman
odiorn
Wear
L' Gillman
Dam
Speaker
marston
Walker
Davise
Dennit
Tibbits
Smith
Gillman
Wear
Gillman
the house adjurned for two hours afternoone
the house mett according to adjurnment after noone present
m"" Speaker marston Wigens
Eastman
Read
odiorn
Dam
The house adjurned untill to morrow nine of the Clocke
24 the house mett according to adjurnment present
M"" Speaker marston Wigins
Walker Davise Eastman
Dennitt Tibbits Read
Smith Gillman odiorn
Wear Gillman Dam
*A vote sent down for Repealing the act limiting Seven year, *i-igy
time for Redemtion of Lands taken by Execution And that
the time for Redemtion be not more then two years
this house takes time untill to morrow for Considering of that mat-
ter —
the house adjurned for two hours afternoone
the Whole house mett in the afternoone according to adjurnment
the house is adjurned untill to morrow Ten of y^ Clocke morning
25
32
PROVINCE OF NEW
HAMPSHIRE.
; : the house m
lett
according to adjurnment
present
m'' Speaker
Marston
Wigins
Walker
Davise
Eastman
Dennitt
Tibbitts
Dam
Smith
Gillman
odiorn
Wear
Gillman
[I7I7
the house adjurned for two hours
the house mett according to adjurnment all present but Cap' Read
the house adjorned untill to morrow nine of the Clocke
26: the house mett according to adjurnment present
m"" Speaker IMarston Eastman
C : Walker Davise Dame
Dennitt Tibbits odiorn
Smith Gillman Wigins
Weare Gillman
the house is adjurned untill Monday 28 Instant at Eleven of y^ Clock
in the morn
* 1-198 * January 28: 1716/7 the house mett according to adjur-
ment present
m"" Speaker m"" Marston m' Eastman
Cap' Walker Cap' Davise m"' Dam
Cap' Dennitt m'' Tippits m"" Wiggin
Col° Smith Cap' Gillman Cap' Read
Maj"" Wear L' Gillman Cap' odiord
Voted that pray his Excellency the Govern" Coll° Shute Do Lay the
Remonsterence of the Greivences of the Representative body of
the Good people of this province offerd to your Excellency this
present Sessions may be laid before the King in hopes of redress
as Soon as Convenience Will permitt your doing it : And what
Charge your Excellency may be at we*have past a vote to defray —
Voted that his Excellency be defrayed the Charge thereof — Read &
past by the house of Representatives Joseph Smith
January : 28 : iji'^j- the house of Representative sent for up by the
Goverr Shut & dissolved
Cap' Davise Sam'^ Tibbits & John Dam tooke there deventers untill
this day being January 28 : 17177 Cap' Walker hath taken out his
deventer for y* time he hath served being 18 days Aded 28 day of
time 1717 —
I /1 7] JOURNAL OF THE HOUSE OF REPRESENTATIVES. IO3
* The 17 of April 1717 according to udjurnment mett * 1-199
m"" John Tucke Cap^ Davise Esq"" Cap' Joshua Pearce
Cap' John Oilman m"" John Dam Joseph Smith
L' John Gilman Col° tho' Packer Maj^ Peter Weare
adjurned untill the Tenth of may following mett —
Col° Packer peter Weare Sam'' Tibbits
Ca : Joshua pearce John Tucke Samu' Eastman
m"" Dennitt L' John Gilman Hugh Read
John Dam Andrew Wigins Joham odihorn
Joseph Smith James davise
Ajurned untill the 13''^ of may following then mett
Col° Packer John Tucke James Davise
Joshua Pearce Cap' John Gillman Samuell tibbits
Eph"" Dennitt L' John Gillman Hugh Read
Joseph Smith Andrew Wigin Jotham odihorn
peter Weare John Dam Samuell Eastman
the house adjurned untill to morrow Eight a clocke being y*^ 14 In-
stant
May 14: the house met according to adjurnment present
Coll° packer Gillman tibbets
Denitt
Smith
Wear
Tucke
the house adjurned to two a Cocke after noone
*I7I7-May 14 Resolved that the Gentellmen Who gave * 1-200
bonds for : 1 500 : be sent for to Know Why they Doe not
Comply with their Bonds. Cap' Wintworth & m"" George Jeffry
appeared & Said if all the Rest paid that gave bonds they would
pay for their money was Redy Cap' Gearrish answered he had not
the money but desired Longer time m"" Penhallow said to y'' same
purpose
the whole house met in the afternoon Except Cap' pearce
the house adjurned untill to morrow Eight a Clock
May 15 : the house mett according to adjurnment present
m"^ Speaker Tucke Dam
Cap' Pierce Gillman Wigin
Dennit Gillman Eastman
Smith Davise odiorn
Wear Tibbits
Gillman
odihorn
Wigin
Read
Eastman
Dam
Davise
104 PROVINXE OF NEW HAMPSHIRE. [^7^7
the house met in the after noon according to adjurnment all present
all but Cap^ Hugh Read
May 15 : 171 7 ordered that Col° Geore Vaughns bond for 200^ &
Cap^ Wibars bond for 50 : pound now deliver'^ in the hands of Col'^
Thomas Packer Speaker : be by him kept untill farther order of
this house Voted &c Joseph Smith Cler
Receved y^ above bonds "^ me Tho : Packer
* 1-201 * the house adjurned untill to morrow 8 a Clocke
the house mett according to Adjournment 16 may — Except L" Coll :
Joseph Smith & m' Jn° Dam who had liberty from ye house
Wheras most of y^ Gentlemen who took Money upon Interest of y^
Province in Ocf 1714 as appears by their several Bonds Duly Exe-
cuf^ w* Bonds terminated in Ocf 1716 past & y^ Several Gentlemen
as above (through y^ Scarcity of Money being unprovid'^ to Comply
w''^ their obligations) desiring longer time — Vot^ y^ y^ Several! Gen-
tlemen have y^ liberty of paying in their Severall Sums : to y^ house
of Representitives att any time between this & ocf w'^^ will be in
y^ year 1718 Provid'^ they give New Bonds payable w^'^ Interest after
y^ Rate of Six "^ Cent : per Annum to y^ Speaker of this house for
time being & y* they pay in y^ Same in Bills of Crd of this Province
already Emitted & that y^ New Bonds Comence from y^ 27 ocf 17 16
Sent up & Concurd w'^ by y^ uper house —
this house Sent for m'' Treasur'' Penhallow to be informd relating to
y^ Interest of y^ 1 500 pound — who declard y' he had not Receiv'^
one farthing of &'^ Interest : but att y® Same time gave his word of
Hon"" to his house for y^ two first years Interest of s'^ 1 500 pounds &
y' the Province Should have Crd accordingly —
the house adjoun'^ to 3 a clock after Noon —
the house mett according to adjournment att 3 after Noon Viz"
m"" Speak"" Coll Packer Maj"" Wier Cap' Jas Davis
Cap' Jo" Gillman M"" Jn'^ Tuck m'' Sam" Tibits
L" Jn° Gillman Cap' And-" Wigins m^ Eph'' Denett
M"" Sam" Easman Cap' Joth"" Odiorn Josh — Peirce
Cap' Hugh Read
the house adjourned from five y^ same day to Seven y^ Same Even-
ing—
the house mett att Seven y"^ Same Evening according to Adjourn-
ment Present m"" Speaker &ct as above —
the house adjourn^ til seven aclock tomorow Morn^
1 71 7] JOURNAL OF THE HOUSE OF REPRESENTATIVES. IO5,
17 May y*^ house mett according to adjournment: Present m'
Speaker Packer Maj^ Wier Cap' Jo" Gillman L" Jo" Gillman m^
Sam" Easman m"" Jo" Tuck Cap' And'' Wiggins Cap' Joth : Odiorn
Cap' James Davis m' Sam' Tibbit Josh Peirce Jo" Dam —
* 17 May Vot'' In Councill * 1-202
That y*^ Comitte appointd to Revise y*' Laws of y^ Prov*^
&ct : be Sam" Penhallow & Theo'' Atkinson Esq""^ from this house
& y' y*^ Sherife & Clark attend on s'' Comitte
May 16 : 171 7 Rich'' Waldron CI' Con
Vot'' y' L" Coll Smith Coll Packer & Cap' Ja'^ Davis be a Comitte
to joyne y^ uper house for y'^ ends above s''
17 May 1 71 7 Josh Peirce CV ^ Temp-"
the house adjourn'' til three a clock
the house Mett according to adjournment att 3 a Clock after noon —
the house having prepared a Bill for y'' Raising fifteen thous'' pounds
Bils of Crd upon a fund of land Estates of y^ Province : & Each
Town within y* Province to have their Proportion according to y^ last
Province tax — Sent up by Maj'' Wier & Cap' Jo" Gillman to y^ uper
house before voted
18 May voted & sent up by Coll Jos Smith for Concurance
Vot^ y' y^ Act for Excise be Continued for y^ year Insuing 16 may
1 7 1 7 — & y' it be sent up for Concurence —
Josh Peirce CI"" "^ Temp'
Vot^' That Cap' Hugh Read & Coll Jo" Plaisted Esq-- be Chosen a
Comitte by this house to joyne the Comitte of y^ uper house for
farming s*^ Excise
Concured w"' by y*^ uper house — Josh Peirce CI'' &ct
Vofi That Coll John Plaisted L" Coll Joseph Smith & Cap' Hugh
Read be a Comitte from this house to joyne w"^ 2 of y*^ uper house
to Receive & adjust y*^ Province Debts in order to lay them before
y*^ Assembly for Allowance —
ordered to be sent up by Maj"" Wier for Concurence
Vot'' That Maj"" Wier Cap' Ja'* Davis & Josh Peirce be a Comitte
from this house to Joyne w''' y*^ Comitte of y^ uper house ; to draw
up y*-" act for y^ Bill of fifteen thous'' Pounds bils of Crd to be Dis-
tribut'' by a General Comitte to be Chosen of both houses to distri-
bute y^ Same to each Town in this Province in Proportion accord-
ing to y^ last Province Tax
May: 18: 1717 orderd to be sent up by m"" Jo" Tuck for Concur-
ance
8
m'' Speaker
Packer
Tucke
Pearce
Gillman
Den nit
Gillman
Smith
Davise
Weare
Tibbets
106 PROVINCE OF NEW HAMPSHIRE. [_^7^7
past by the house of Representatives Joseph Smith Cler
the house adjourn^ til Seven a clock tomorow Morning
* 1-203 * 18 May the house Met according to adjournment Present
odiorn
Read
Wigin
Dam
Eastman
Vof^ That y" Treasu"" be Desir'^ forthwith to lay before this house
an Exact account of his Maj^'^ Stores of Powder & other Amuni-
tion of Warr —
May 1 8-1 71 7 Read & past by y*^ house of Representitives
Joseph Smith Clerk
Wheras it is Evident y* y^ growing Charge of this Province is such a
burthen to y'' Subjects as makes it very greivous
Vof* y^ his Excellency y^ Govern'' shal be paid out of y*^ Publick
treasury of this Province for y^ defraying his Entertainment & Ex-
pence thirty Shils ^ Die : for y'^ Ensuing year During y*^ Sessions
of General assembly from time to time after y*^ first day of June
next —
May 18 1 717 Red & past in y^ house of Representitives & sent up
for Concurrance — Joseph Smith Clerk
this day chosen to be of the Grand Commitee to act & doe in the af-
fair Relateing to y*^ 1 5000 pounds of Creaditt to be Printed & Signed
(viz)
Col" thomas Packer
Joseph Smith
Cap' John Gillman
the same day chosen Maj"" Wear : Capt Davise & Capt : pearce a Com-
mittee to Joyn with the Committee of y'^ uper house to draw up the
Act for printing — 1 5000
18 the house adjurned untill 3 aclocke afternoon
the house met in the afternoon according to adjurn'
the house adjurned untill munday next the 20 Instant at 8 a clock in
y^ morning
* 1-204 * May : 20 : 1717 : being munday the house mett according
toadjurnment present
I717] JOURNAL OF THE HOUSE OF REPRESENTATIVES. IO7
m"" Speaker Maj-" Wear M"" Dam
Cap' Pearce Cap' Davise Cap' Wigins
m'' Dennitt nV Tibbits Capt : Gillman
Jos : Smith m'' odiorn L' Oilman
John Tucke Capt : Read
May 20 : 171 7 a vote brought down from the upper house moveing
that Capt Southack be allowed for plating the Sea Cost : &c —
Voted a nonconcurrance Joseph Smith Cler
the house adjurned untill 3 : after noon
the house mett according to adjurnment present — the whole house
the Governour Sent up for the house & proroged them untill the 24
day of September next
May 21': 1 71 7 Capt John Gillman & L' John Gillman tooke oiit
their deventers untill this day
July 27 : 1717 : Capt Andrew Wiggin tooke out his deventer untill
this day —
The house mett according to prorogation September 24 : 171 7 pres-
ent
m'' Speaker tho Packer Cap' Wigins maj'' Wear
Cap' John Gillman m'' Dambe m"" Tuck
Cap' John Gillman Cap' Perce Joseph Smith
m"" Den nit
The 24 of Sep' : 1717 : the following deventars were taken out being
all then due to any body (viz)
m'' John plasted m"" Eph™ Marston m' John Dam
m"" Eph'" Dennit Maj"" Weare Cap' James Davise
Coll Tho packer m'' John Tucke m'' Tibbets
Cap' : pearce Cap' Odion m'' Eastman
m"" Joseph Smith Cap' Read
* Sep' : 24 : 1717 the house sent for up by the L' Govern'' * 1-205
Vaughn & dissolved in his majestys Name
Jos : Smith Cler
Sep': 24 : 1717 : the Deventurs on the bottom of y'^ Leaf on y^ fore-
going Side Were toke out being all then due (viz)
Col° John Plasteed Capt : Hugh Read Maj-- Peter Weare
M"" Eph"' Dennitt Cap' James Davise m"" John Tucke
CoP Tho : Packers m'' John Dam m"" Joseph Smith
Cap' Joshua Peirce Cap' James Davise m"" Itph"' Marston
Cap' Jotham Odiorn m"" Samuell Tibbits m"" Sarauell Eastman
taken out from me
Joseph Smith Cler
I08 PROVINCE OF NEW HAMPSHIRE. [l?!/
1 71 7 2 : Ocf y*^ House mett this day by his Excellencys prorogattion
Present —
m'' Speak"" Packer Joth : Oclorn J Cap^ Read
Coll Davis And-- Wiggins [ Esq"^^ M-'Eph : Dennett
Cap* Tibbits Jo" Gillman ) Josh Peirce
m'' Jo" Damm Cap* Jo" Gillman
The house Adjourn'^ til 2 afternoon —
The house according to adjournm" mett at time apoinf^
Vote'^ Josh : Peirce Clark to y"^ Assembly —
The house adjourned til ten a clock tomorrow morning —
3 Ocf y*" house mett according to adjournment Present
m"" Speaker ^ Coll Davis Josh Peirce
Cap* Odiorn ( -,-, ,<. M' Jo" Damm Sam'' Easman Esq""
Cap* Gillman ( ^^ Cap* Jo" Gillman M"- Eph : Dennett
Cap* Wigins J Cap* Sam" Tibbits
* 1-206 * 1717 3 Ocf The house adjourn'' for two hours —
The house mett according to adjournment —
Whereas Coll Joseph Smith Maj"" Pef Ware & m"^ Jo" Tuck are Dis-
miss'^ this house —
Vot^ That his Excellency be Request'' to Issue forth his Precept to
Supply y^ Vacancy — Josh : Peirce Cler^
The house adjourn'' till Munday Next ten a Clock
7 Ocf The house Mett according to adjournm* Present
M"" Speaker ") m"" Eph Dennett
Cap* Jo" Gillman j Cap* Jo" Gilman
Joth Odiorn )- Esq""^ Josh : Peirce
Sam" Easman I Coll : Davis
And"" Wiggin J
Itt appearing to this Board that a great many inconveniencyes may
happen unto Several Creditors on y^ account of y® Law in Relation
to y^ statute of Bankrupt that the s'' act be repaid in Council &
henceforward be of no Effect Rich'' Waldron Cler : Con"
7 Oct 1 717 Red three times in y*^ house of Representatives & Voted
a Concurrance Josh Peirce Cle"" to y'^ house —
the house adjorn'' till tomorrow nine a Clock
8 Oct the house mett at y'' houre according to adjournm" Present
m"" Speak"" — Coll Davis Cap* Odiorn Cap* Jo" Gillman Cap* and""
lyiy] JOURXAL OF THE HOUSE OF REPRESENTATIVES. ICQ
Wiggins nV Eastman Cap' Jo" Gillman Josh Peircc Eph Dennett
IVp'jo" Damm
& order'^ to Enter his Excelency's speach w*^'' is as followeth
Gent'" I canot omitt att y® Opening this Sessions to take notice
of y^ unwarrantable & Illegal Proceedings of L" Govern'^ Vaughan —
In y^ Commission he Receiv^ from his Maj''' King George
he is Comand'^ to observe all such * Orders vv*^'' from time to * 1-207
time he shal Receive from y^ King or my Selfe & al persons
are Requir'^ to take Notice of y* Same —
Some Months since when god y*^ Wise Disposer of y^ Ellements
was Pleas^ to afflict us w"^ a great Drought ; I sent orders to y^ L"
Gov" to Proclaime a fast to Implore God^ favour & y' he would be
Pleas'^ in his great Mercy to water y^ parched Earth w'*^ Refreshing
Showers — w*^*^ orders he Refus'^ to obey & there was no fast in this
Province —
About y^ 16 Sep' I wrote to y^ L" Gov"" & order^ him to Prorogue
y^ Assembly : w'^'^ was order'' to meet on y*^ 24 Sep' to y*^ 2 Ocf : in-
stead of "^forming w' I had Direct'' he has Pretend'^ to Dissolve you
— so y' has not only disobey*^ y^ Kings Comm''^ & mine : but would
have impos^ on you who are y*^ Representatives of this Province : b}^
Assuming a pow"" to himselfe w"^'^ he is not invesf^ w'^ when I am in
America : nor can I believe any Person can be so void of sence or
Reason as to Imagine : y' y'= King made me Gov"" of New hampsh''
only for y® Six weeks in a year y' I am hear as y*^ L" Gov"^ would have
you believe —
Give me Leave therefore Gen'' to observe to you w' Confusions
would attend this Province if w' this Gen" has been aiming att was
Practicable —
It^ very Possible y' it might so happen y' not only a Gov"" & L"
Gov"" might Disagree : but also y' y^ Eldest Counsel"" might jarr w"^
both of them w' then must be y^ Consequence why truly if an
Assembly was Chosen w'^'' y^ Gov"" thought to be for his Maj^'^ Service
& also of this Province if y* L" Gov*" did not like them : So Soon as
I was gone to Boston he would Dissolve them : if then an other
Assembly was Chosen & they were approv'' of by y® L" Gov*" & not
by y^ Gov"" He then would Dissolve them : if a third should be
Chosen w* y^ Gov"" & L" Gov"" Did approve of & y^ Eldest Council''
did not : when we were both out of y® Province he would Dissolve
y' also : — so y' this Province would be like a Monsf w"^ three heads
and three hands ; each Endeavouring in their turns to undoe w' y®
other had Done there could be nothing then but Elections & Disso-
lutions y*^ King^ Comm''^ would Remaine unknown & unexecuted : &
al y*^ Affairs of y^ Province Neglect'' & at a dead Stand —
no PROVINCE OF NEW HAMPSHIRE. [^7^7
1 do not therefore in y*" least doubt y^ Since you are mett y' you
will Shew your Resentments to these Mischeivous proceedings & put
a Stop to them w'^'' tend to nothing but to Inflame y° people &
would end in Nothing but the utter Ruine & Destruction of this
Province —
* 1-208 * I am Glad I can Informe you y* Since I saw you Last
I have had an Interview w*'^ y^ Eastern Indians & have
brought them into Such measu""^ as are for y^ Hon'' of my Mas'" King
George & y' tend to y^ quiet & peace of these Provinces : w'^'^ are y^
two principle things I aime att in al my Transactions — after y^
treaty was Conclud'^ & y® former articles of peace & some New ones
Sign"^ & Ratyfie'' : y^ Indians Complaind to me about y*^ English-
mens fowling upon floats & desir'^ y* where either of y^ Provinces had
any new Setlements : y* Persons might be appoint'' there to furnish
them w"' al Necessaryes at a Moderate Rate : I Promis"^ them y* I
would Endeav"" to redress their Greivances & to Assist them : w*^^ I
Recomend to your care since w' they desire is so very Reasonable —
Tis your Harvest time & my affairs at Boston will quickly require
my Presence there — therfore hope you will dispatch w* shal be
Necessary & y' you wil against our Meeting in y® Spring when we
shal have more time to sit think of Some measures to promote Naval
Stores w*^^ will be very acceptable to His Maj^' & very beneficial to
this Province
2 Oct"^ 1 71 7 Sam'' Shute
The house Chose a Committe to Draw an answer to his Excel-
lency^ Speach w'^'^ is as followeth Viz' —
Portsm° in 1 ^.^ .. -p., -r> ,^
-^T , h"" r ^y Please your Excellency
We have consider'' your Excellency^ Speach and Imbrace this op-
pertunity to Resent y'^ Illegal unwarrantable & imprudent Manage-
ment of y® L" Gov"" in his late practices w*^'^ so very much tend to y^
destruction of Governm' & Confusion & Ruine of this Province we
are Sencible by y"^ Excellencys Comiss" & Instructions y' none else
is invest'' w'*^ pow"' of Governm" but y"" selfe while in America — &
by y^ L" Gov""® Comission we observe y* he is only to performe such
Instructions & orders as he shal receive from y^ King or from his
Comand''in Cheife for y^ time being — & for him to act w"^ out either
is unwarrantable — but to act Contrary therto is Illegal & highly
Imposing on his good Subjects — Directly leading them into Destrac-
tion & Confusion the Event of w'^'^ may be y^ worst of evils — that
such proceedings may be prevent'' for y® future we pray
* 1-209 * care may be taken ; y* Loyalty peace & Unity may be
Preserv'' & Continued —
1717] JOURNAL OF THE HOUSE OF REPRESENTATIVES. Ill
We Rejoyce y'' Excellency^ Intervieu w"^ y'^ Eastern Indians was
Attend'^ w'*' so much sucess : & are ready & willing to fall in w'*^ any
measu"'^ y' y^ good agreement w"^ them may be Continued & any
Grievances may be Redressed —
We observe y*^ Affairs of your other Governm" will quickly call
you hence — wherefore we shal attend y'^ present buisnes w^'^ al appli-
cation & Diligence — y' y* public affairs y^ canot now be finish'^^ may
be prepared against y^ Next sessions —
7 Ocf 1 71 7 Tho^ Packer Speaker —
In Council
Vot^ That Mark H unking Jo" Wentworth & Geo Jaffrey Esq"^^
be of a Committe from this Board to joyn w^^ such as shal be
Chosen by y^ house of Representatives to Receive y® Claims &
audit y® acc"^ Due from this Prov^ R Waldron Cler Con —
8 Ocf 1717
Red 3 times in y*^ house of Representatives & voted a Concur-
rance —
The house adjorned for two hours —
The house Mett accordingly & m"" Sam" Tibbitt w''^ y"^ —
Vof^ y' Coll James Davis Jo" Gilman Esq"" & Josh Peirce be a Com-
mitte from this house to Joyne y^ Committe of y*^ uper house for
y® audit of y^ Province Claims in order to be laid before y^ Assem-
bly for allowance Josh Peirce Cler to y^ Assem^
In Councill
Vot^ that there be an Act past against guning in floats in this Prov^
y* y^ Powd"" act be Revived — y* there be an act past about Tur-
pentine & y' y^ laws be Revised & that y^ Committe of this house
to joyne w*^ such as Shal be Chosen by y^ house of Representa-
tives for Preparing y*^ Bils accordmgly be Sam'^ Penhallow & Rich'^
Wibird Esq''^ Rich'^ Waldron Cler Con :
8 Oct : 1717
read 3 times & Voted a concurrance in al Excepting guning in
floats — Josh Peirce Cle'' y*" Assembly
* In Council "" 1-2 10
Vof^ That y^ Act Establishing y*^ Court of Appeals Consisting of
y^ Gov"" & Coun" be repeal & y^ y'' time for s'^ Courts siting be ap-
point"^ y® z'^ tuesday of ocf instead of Nov"" & y* 2^^ Tuesday of May
instead of ap' & y' y° Committe above Mention^^ prepare a Bill ac-
cordingly — Rich<^ Waldron Cle'' Con
112 PROVINCE OF NEW HAMPSHIRE. [^7^7
8 ocf 1 71 7
Red 3 times in y*^ house of Represent^ & voted a Concurrance in
every Article Except y* parragraph Relating to Guning in floats
The House Adjorn'^ til to morrow nine a Clock
9 Ocf The House mett accordingly Present
m"" Speaker Jo" Gillman Esq"" Eastman Esq""
Coll Davis And Wiggins Esq"" m' Eph Dennett
m"" Hugh Read Cap' Tibbit Jo" Damm
odiorn Cap' Gillman Josh Peirce
Vot"^ y' Coll Davis John Gillman & Josh odiorn Esq""^ be a Comm"
to Joyne y'^ Comm" of y^ uper house to prepare y^ Bills above
Mention'' Josh Peirce Cle"" Ass —
The house adjorn*^ for 2 hours —
The house mett all Present as above
The house adjorn'^ to 8 aclock tomorrow
10 Oct'' The house mett according to adjournm' Presant
M-- Speak'- ^ Tibbitt
Coll Davis I Denett
Odiorn 1 p ,.3 Gillman
Gillman f ^ Damm
Wiggins I Peirce
Estman j m Read
Vot^ y* 3 men be chosen of y^ members of this house to wait on his
Excellency & Represent to him y® Greivance y' many of his Maj'^
good Subjets labor under by being Restrained by Jo" Briger Esq""
his Maj'^ survey'' from loging in y*^ woods in y^ Province
The house Adjorn^ for 2 hours —
The house mett & al Present as above
* 1-211 * Vof^ That his Excellency be Present'' w"' one hundred &
Sixty pounds out of y*^ Interest of y*^ fifteen hundred
pounds let out to Sundry Gent"' in y^ year 1 714 to be paid in Bils
of Crd of this Province
Red 3 times & Order'' to be sent up by 4 Memb'''^ of this house —
the house Adjorned til tomorrow 8 a Clock
1 1 Oct : The house mett accordingly Present as yesterday Viz" m*-
Speaker : Davis Odiorn Gillman Gillman Wiggins Eastman Tibit
Denett Read Dam Peirce
The house adjorn'' for 2 hours
1 71 8] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I 13
The house mett as above at 2 clock al Present as above
The house adjorn'' til tomorrow 8 a Clock
12 Oct The house mett according to adjourn"" Present
nV Speaker Wiggins . Dam
Davis Eastman Peirce
Odiorn Tibbit Read —
Gilman Gillman
12 Oct : 1 71 7 y^ following Dibenters were taken out in ful to this
day Viz" m-" Speak-" Packer 12 day" Denett 12 days Peirce 12 days
Gilman 12 days Gilman 12 days Tibbitt 11 days Davis 12 days East-
man 1 1 days Read 1 1 days Odiorn 12 days Wiggins 12 days Dam 12
days —
12 Oct 1 71 7 The house sent for up into Council Chamber & Pro
Rogu'' till y" 2 Tuesday in Jan''y next by his Excellency Coll —
Shute —
* 1 71 7/8 21 feb. By Order of y^ L" GoV Went worth y"^ * 1-2 12
house of Representatives were sumon"^ to meet att y® Court
house y'' Day above who mett accordingly Viz — m'' Speaker Packer
Coll Davis Cap' Tibbit Cap' Hodiorn Cap' Read Cap' Jo" Gillman
m'' Eph Denett & Josh Peirce
Whereas ye Selectmen of Portsm° have Complain^ to this house
that their Town now lyes under a fine or Presentment for want of
Schools in y'' Town —
Vot^ y' y^ Selectmen be impower'' to Call & agree w"^ two School-
masters for y^ Town of Portsm" y^ one for Latin y® other for Read-
in writing & Syphering & Setle them as may be most beneficial for
y* Town at their best discretion
Whereas we have been Inform'' y' Oliver Noyes & Elisha Cook
Esq""® of Boston have had Administration Grant^ to them by y*" Judge
of Probate &ct for y^ Province on y*^ Pretend'' Rites & Properties of
S"" Cha' Hobby Deceas'' & y' y^ Bonds given for their Regular Admin-
istra" was not Sufficient
Wherupon it is y^ Desire of y'' whole house Present y' y'^ upper
house who is y*" Supreame Judge of Probate &ct : would put a Stop
to any farther proceedings in y' affaire till y^ Interest of y^ Province
be a little Consult"^
Vot'' y' m"" Speak-" Packer m'" Eph Denett & Josh Peirce be a Com-
itte from this house to Demand y^ Bonds y' W formerly given by
Sundry Gentl-"" of this Province for 1500 pounds Bills of Crd for-
merly lent to y" w'^'' Bonds were lodg'' in y^ hands of Coll Joseph
Smith Deceas'' — & now to be Demand'' of his y"^ s'' Smith" widdow
114 PROVINCE OF NEW HAMPSHIRE. [l/lS
Relict & w" Receiv"^ to be lodg'^ in y° hands of y® Speak'' of y^
house of Representatives for y^ time being till farther order
the house adjourn^ til tomorrow 8 a clock —
* 1-2 1 3 * 22 feb 1 71 78 The house mett according to adjournment
Present m'' Speaker & y*^ Rest as yesterday —
Wheras there has been some proposals of moving y"^ Province Rec-
ord^ from JMaj'' Vaughans it being Suppos'' y' he y^ s^ May was Ren-
dred incapable of officiating in s'^ office through Natural indisposition
The house having by a Comitte Confer^ w*'^ Maj"" Vaughan do find
him Capable to performe w' needfull as formerly Relating to that
office & we y^ are present being but about one halfe of this Society
Vot^ That y*^ s*^ Records be Continued w*'^ Maj"" Vaughan till farther
order
The house sent for by L" GoV Wentworth & Prorogu'' til y*^ 29
ap'' ensuing
1718 : 29 ap'' The house mett According to Prorogation present
m'' Speak"" Packer Davis Read
Denett Tibbitt Dam
Peirce Gillman Wiggins
Gill man
His Excellency^ Speach
Gent" This being y"^ usual time for y*^ Spring Sessions I am Come
to meet you ; and am glad to find y' those coals of contention w'^^
were kindled & blowing up amongst us are by your Care in your Sev-
eral Stations so hapilv Extinguish"^ — all y' I have of Moment to ofer
to you at this time is y' some spedy Methods might be thought on
for y^ Encouragm' of raising hemp & other Naval Stores w^^ will be
very acceptable to y*^ Court of great Brittaine & highly advantagious
to this Province : as also y' there may be an Impost & Excise w* I
am Inform^ hath been y"" Constant practis : before my Arrival in y®
Governm^
Gent I believe this is a buisye Season of y® year I shall therfore
so soon as you have dispatch' w' shal be Necessary Dismiss you to
Pursue your own private affairs Sam" Shute —
* 1-214 * 29 ap*" 1 71 8 y*^ house adjourn"^ til tomorrow Eight a Clock
30 ap"" 1 71 8 y*^ house mett according to adjournm" Present m"" Speak""
Packer Coll Davis Cap' Tibett Jo"' Gillman Esq"" Cap' Jo'" Gillman
And"" Wiggins Esq"" m"" Jo"" Dam : Josh : Peirce Eph Denett m""
Eastman
The house adjourn'^ for two hours —
I/lS] jOUR.NAL OF THE HOUSE OF REPRESENTATIVES. II5
The house mett according to adjournm"
Vof* y* v^ Excise be continii'' for y^ year Ensuing as formerly 30
ap"" 1 71 8
Vot^ y' Cap' Reed & m"" Eph : Dennett be a Comitte to joyne with
such as Shal be Chosen by y" uper house to farme y'^ Excise of
this Province for y'= year ensuing 30 ap"" — 171 8 —
The house adjourn'' til to morrow Eight a Clock
1 May 1 71 8 the house mett according to adjournm" Present
m"" Speaker Packer Peirce Denet
Davis Tibitt Dam
Odiorn Read Wiggins
Gillman Esq'' Gillman Eastman
The house adjourn'' for two hour'*
The house mett according to adjournment all present as in y^
Morning — except m"" Eastman
The house adjourn'' til tomorrow eight a Clock —
2 May y* house mett according to adjournm" Present
Peirce
Dam
m"" Speaker
Denett
Davis
Tibitt
Gillman
Gillman
Odiorn
Read
Wiggins
Eastman
* The house adjourd for two hours * 1-2 15
the house met according to Adjournment al present as in
y* IMorning
The house adjourn'' til 7 tomorow
3 May The house met according to adjournm' Present
m*" Speak Packer Peirce Denett
Dam
Wiggins
Eastman
The house adjourn'' till Munday 8 a Clock —
5 May 1 71 8 The house mett According to Adjournm' Present
m"" Speak"" Packer Peirce Denett
Coll Davis Read Dam
odiorn Cap' Gillman Wiggins
The Petition of Joseph Clifford of Hampton Read iny'^ house of Rep-
resentatives & Voted y''on y' y^ Petitioner Enter upon y^ Estate men-
Davis
Tibit
Odiorn
Read
Gillman
Oilman
Il6 PROVINCE OF NEW HAMPSHIRE. [l7^8
tion'^ in y^ Petition & improve y^ Same & Support y^ fath'' of s'^ Peti-
tioner during life & defray his funeral Charge : & then Returne y'^ s'^
Estate to y^ heirs &ct of y*" Elder brother to whome y*^ Estate is be-
queth"^
An Answer to his Excellencys Speach of 29 ap'' 171 8
May it pleas your Excellency
It is w'^ much more pleasure y^ we now have an oppertunity to meet
y"" Excell>' y" w" y°^ Jarrs & Discord^ w'^'' have for some time past un-
hapily Disturb*^ & Clog'' y*^ affairs of y^ Govern' are vanish^ —
We are of opinion y' y® raising of Hemp & other Naval Stores
would highly Conduce to y^ Interest of this Province : as wel as be
Servisable to y^ Crown of great Brittain :but by reason of y^late long
& tedious warr y^ people of this Province have been so long pent up :
as y* yet y"" is not yet land Enough opend to raise a sufficiency of Corn
for their Support : so y' att present we are not Capable to prescribe
measures y' may Encourage itt —
* I -2 1 6 * 1 71 8 And as to an Act of Impost we are of opinion y' y^
Charges of y^ Gover" is more Easily Defray'^ by way of Tax
upon all persons & Estates — & yMt is most for y^ Interest of all
his Majes'* good Subjects of y* Province to have a free port this
year —
But we think an Act of Excise very Reasonable & Desire one may
be prepar^ accordingly & as itt is y^ Seed time of y'' year we Shal to
our uttermost forward all buisness y' this Sessions may be Short &
in order therto — Desire y' y^ Committee^ for Auditing ace"* & Re-
vising & preparing Laws may spedily give in their Reports y' we may
proceed thereon Tho* Packer Speak''
The house adjournd for two hours
^ViThe house met according to adjournment al present as in y^ Morn-
ing—
The house adjourn'^ til tomorow 8 a Clock
6^May 171 8 The house mett according to adjourm" Present
m"" Speaker Packer Peirce Denett
Davis
Tibitt
Odiorn
Read
Gillman
Gillman
Dam
Wigg
Estman
Wiggins
The house adjourn^ for two hours —
The house mett according to adjournment al Present as in y^
Morning —
The house adiournd till eight a clock tomorrow
I/lS] JOURNAL OF THE HOUSE OF KErRIlSEXTATIVES. 11/
7 May The house mett according to adjourn" Present
m"" Speak"" Packer Peirce Denett
Wiggins
Eastman
Davis
Tibitt
Odiorn
Read
GiHman
GiHman
m"" Speak"" Packer
Peirce
Davis
Tibitt
Odorn
Read
GiUman
Gillman
The house adjourn^ for 2 hours —
The house Mett according to adjourn^ all present as in y" Morn-
ing
* 1718 The house adjourn'^ til 8 a clock tomorrow * 1-217
8 May The house Mett according to adjournm^ Present
Denett
Dam
Wigins
Eastman
The house adjourn^ for 2 hours —
The house mett accords to adjourn m* —
The house adjourn^ til tomorrow 8 a clock —
9 May y" house met according to adjournm" all Present as yester-
day —
Vot'' that y"" be an Aditional act to y*^ act formerly made for Inspect-
ing & Suppressing of Disorder^ in Licen'^ houses — & y* y"" be a
Comitte apoinf^ to draw up y*^ act accordingly — against Cards
Dice & pinplaying & Shufelboard —
Josh Peirce CV Asem'y
The house adjourn*^ for two hours —
The house met according to adjournm" — al Present as in y*
Morning-
Rich'^ Dollife having Petition'' y*^ Gen" Assembly for Releife being
much Reduc'^ by Journying to Canada &ct for his Captive Chil-
dren —
Vof' y^ Ten pound^ be paid out of y^ publick Treasury of this Prov-
ince to m"" Jacob Windel of Boston on ace" of y'' Petitioner aboves'^
The house adjourn'^ til Tomorow 8 a clock
10 May The house met according to adjournm" all Present as yes-
terday
* 10 May 1 71 8 Memorand — y' Coll Plaisted" Bond for fifty * 1-2 18
pound^ w'^^ he took of y* i 500 pound^ of y'= Publick money is
this day put into y'= hand^ of m"" Treas"" Penhallow in order to be put in
Il8 PROVINCE OF NEW HAMPSHIRE. [l/lS
Suit against him he Refusing to Renew his Bond w'^^ terminated in
ocf 1 716 last past as y* other Gen''men did who were equaly Circum-
stanc'^ w^^ him
The Petition of y*' Inhabitants of Kingstown having been Read &
Consider in this house : —
Vof^ y' y^ Inhabitants of Kingstown shal have five hundred pounds
out of y^ 1500 pounds y' is in y^ hand* of y^ Grand Comitte for
Managing y^ 1 5000 pounds of Bank Bils pro\-ided y"" be so much left
when y^ charge of making Signing & Emitting &ct of s*^ Bills of
Crd be Defray''
In Council
James Davis Jo" Gillman Sam'^ Eastman Esq"^ Came to this board
from y^ house Representatives & Declard that they were present in s^
house when y^ vote of Gen^^ Assembly about y^ Diference at Portsm'^
Daf^ 8 oct^ 1 71 7 was past in their house &y^ Cap'' Pickren being Sent
for was Present in s^ house & heard S"^ vote Read \x^^ he s'^ was right
& Consented to before y^ vote was past —
An Explanation of y^ Vote of y^ Gen" Assem^^>' past in 8 Ocf 171 7
Relating to y* Diference* in y^ Town of Portsm°
Whereas there was two Petitions Prefer*^ to y^ Gen" Assembly one by
y* party of y^ Bank parish y^ other by y® mill dam Parish Relat-
ing to y* Setlement & Suport of y^ Ministry in Each Parrish amongst
other perticulars y° Resolv'^ on ■ — it was Vof^ y* al y^ Inhabitants of
PortsnT" unless those therin Except^ Viz" y^ Parish of Greenland &
those formerly Set of to Newington should be Assess"^ to ye
* 1-2 19 Support of m'' Rogers as formerly by * three men Legally
chosen at a Regular parish Meeting for y^ end — Excepting
also al those y' were dispos'^ to Support y^ Ministry in y^ Old meeting
house — who by s*^ vote were oblig^ to distinguish y" selves : Cap^
Pickren being present as Representative for y^ Mildam Parish : by
giving in y'' Names to y^ Selectmen of y^ Town on or before ye 20
Nov^ of above s^ year — & wheras by mis Representation of s*^ vote
Sundry Inhabitants have been Rate"^ by y*^ Churchwardens to both
Parishes to y^ great wrong of s^ Inhabitants so tax'^ or Rated —
Vof* y' it is to be understood y^ al y^ Inhabitants belonging to both
y^ Parish* of y^ Bank & Milldam were from y^ day forward to be
att their Liberty to Joyn themselves to w"^^ Parish they pleas'^ & y'
having Declar'^ to which ministry they \vould joyn they should
not be Rate"^ or Tax'^ by y^ Churchwarden^ of y^ other Parish any
Law usage or former Custome to y* Contrary Notwithstanding —
Read in y^ house of Representatives & order^ to be Sent up to y^
uper house for concurrence — Josh : Peirce CI"" Assem'>'
171S] JOURNAL OF Till': HOUSE OF rf:i'RESf:xtatives. 119
Vot^ y' any IMembcr of this house y' shal neglect to wear his Sword
or be found w'''out it during y*^ Sessions of Gen" Assembly from
y^ day shal pay a fine of five shils to Clark for y^ Use of y*^ house —
The house adjourn'' til munda}' next at nine a Clock
12 May The house met according" to adjourm' Present
m"" Sjieak'' Packer Peirce Denet
Davis Tibit Dam
Gillman Oilman Wiggins
Odiorn Read Eastman
The house adjourn'' for ^ of an hour
The house rnet according to adjournm' al present as in y^ Morn-
ing —
* The Titles of Sund"" act past 10 May 171 8 * 1-220
Viz'' — I — An act to prevent Comon Nusances
2 — An Act to prevent Causles Arests &ct —
3 — An Act directing y'^ admission of Town Inhabitants
4 — An Act for Regulating Town & Proprietors Meetings
5 — An Act for Regulating fferryes
6 —
7 — An Act for beter Securing y*^ paym'' of Prison Charges
8 — An Act for providing Pounds & to Prevent Rescous
or pound breach —
9 — An act for Regulating Townships Choice of Town ofifi-
cers & Seting forth their power
10 — An act for y^ Encourage y^ Kiling of Wolves
1 1 — An act Relating to Strays & Lost goods &ct —
1 2 — An act to prevent y*^ Concealing Estates from Assess'^ —
13 — An act for y^ Beter Regulating Swine going at Large
14 — An act for Suppressing Robery^ & Assaults
15 — An act for Restraining Inhumane Severityes
16 — An act for Regulating Catle Cornfield'^ & fences
1 7 — An act to prevent Trespasses in Cuting down trees upon
land w^'^out fence —
18 An act for payment of wound'' Souldiers —
19 An act for Suppressing & Punishing Rogues Vagabond
&ct
20 —
21 An act for y® Equal Distribution of Insolvent Estates
22 An act Relating to Surties in Mean process in Civil Ac-
tions
23 An act for Regulating weights & Measures
I20 PROVINCE OF NEW HAMPSHIRE. [1718
24 An act against Murder &ct
25 An act about powder Money —
26 An act to prevent Charges arising upon tliis Province for
prisoners Comit^ for theft
27 an act to Enable Crd""* to receive y' Just debts out of y^
Efects of y"^ absent or absconding detors —
28 — An act Ease people y' are Scrupulous of Swearing
29 — an act against Intemperence Prophanes Imorality & for
Reformation of maners
30 an act Relating to y^ office & Duty of a Crowner —
31 an act for Establishing y*^ formes of oaths —
32 an act for making lands & tenements lyable to pay Debts
33 an act for regulating y*^ Militia —
* 1-22 1 * 34 an act for Repealing of y^ act ab^ Bankrupts —
35 An actt to enable Town Villages & proprietors in Comon
& undivided Lands to Sue & be Sued
36 — an act for Repairing highways &ct
-i^j an act Relating to apeals from judgments in Bar or
Abatement
38 an act in adition to y^ act Entituled an act for y*^ better
observation & keeping of y^ Lords day
39 — an act Prescribing forms of writts in Civil Cases
40 an act against Hawkers Pedlers & Petty Chapmen
41 an act for Explanation of y*^ act for Establishing Courts
of publick justice in this Province
42 an act for Regulating fees
43 an act for Regulating Mills
44 an act for Privilidge of ye Members of y^ General Assem-
bly
In y'^ house of Representatives
Vot'' yt y be an act drawn up for y*^ Regulating of y-' fishery & y* y"'
be a Comitte apoinf^ to draw up y"^ act accordingly —
12 May 1 71 8 — Read & order^ to be sent up for Concur"'^
Josh Peirce CI"" Assem'^
Vof' y' Joth Odiorn Esq' & Cap^ Hugh Read be a Comitt^ from this
house to joyne y"^ to be chosen by y*^ uper house to draw up s^ act
Josh : Peirce CI"" Assem'y
a Vote was sent by y"^ house of Representatives to y^ uper house
for defering the payment of one halfe of y*^ two thous'^ pounds w'^'^
Should have been Rais'^ y'^ year unto ^ year 1723
The house adjourn'' til tomorrow 6 a clock
IJlS] JOURNAL OF THE HOUSE OF KKPKESENTATIVES. 121
13 May y*^ house Met according to adjourn' al Present as yester-
day Except Cap' Wiggins — who Came in quickly after —
In y^ house of Representatives
Wheras it appears to y'' house by m'' Treasu'"* acc"^ for y'^ two years
last past y' y^ growing Charge of y° Province hath been very great
Vot^ y' two thous^ pounds Bils of Crd of y^ Province be repeated
& y' y'^ same shal be paid in y^ year 1722
* 13 May Vot'' one thous^ pounds of y^ above s^ Bills now * 1-222
in y^ Treasury be burnt by y® 4 day of June next & y' a
Comitte of both house be chosen for y' end —
Vot^ y' Coll Packer Coll Davis & Capt Read be a Comitte from
this house to joyne such as shal be Chosen by y'^ uper house to sey^
nine hundred pounds burnt w'^^ is now order'' by y'= gen" Assembly
V'ot^' y' his Excelency Coll Shute be present^ w"' 140 pounds & y' y^
same be paid out of y*^ Treasury
13 May 1718 Vot y' y*" L" Gov"" Wentworth be allow'' 5/0 a day
to be aded y*^ 5/0 alowd him as a Counsel —
Order'' y' y'' publick acc"^ of this Province be shut up : this house
not having time now to go through w"^ them & y' upon y^ first open-
ing of y^ house at y^ Next Sessions y*^ same acc"^ shal be first pro-
ceed on til perfect''
Vof' y' y^ ffort boat shal attend y^ Members of Gen" Assem'y for
carrying y"" up & Down during each Sessions
The house adjournd for one houre
The house met according to adjourn' —
Mem : itt being y^ time of y^ Sitting of y'^ Superior Court y'^ house
adjourn'' from y*^ Court house to y'' great room in m'' Speak'' Pack-
ers house
The house adjournd til tomorrow 7 a Clock —
14 May The house met according to adjournm' Present M"" Speak""
& al as yesterday —
* 7 May 1 71 8 Vot'' y' y*" Comitte appoint'' by y*" General * 1-223
Assembly in 171 5 shal forthwith Run y*^ lines as is Express''
in s'' vote & imediatly make Return of y"" doings therin unto his
Hon"" y*^ L" Gov"" & farther y' y'^ s'' Comitte be Sworne before a jus-
tice peace to y^ faithful discharge of their office & farther y' y*
bounds between Portsm" & Mampton be first Run & so Round in
Course — Rich'' Waldron CI'' Con'
9
122 PROVFN'CE OF NEW HAMPSHIRE. [l/lS
In y^ house of Representatives
Red & Concur'^ w^^ — Josh : Peirce CI'' Assem —
Order'^ y^ m' Speak"" — Cap^ Odiorn Cap' Read L" Eph Dennet &
CI"" Peirce go tomorrow to see y^ QOO;;^ province Bils Burnt —
the following Dibenters were taken out to this day 14 May 171 8
Viz"
Coll : James Davis — 20-days
Cap' Sam^' Tebet — 1 9-day s
Cap' Joth"^ Odiorn — i8-days
]\P Read — 1 6-day s
Cap' John Gillman — 20-days
John Gillman Esq"" — i8-days
And"" Wiggins Esq"" — i6-days
M"" John Dam — i6-days
Sam^^ Eastman Esq"" 14-days
Vof^ y' W"" Moore be aded to y= above Comitte & y' y^ s"^ Comite
do meet att any time & place according to a Warrant or order of
y^ L" Gov"" under his hand upon y* forfiture of 20/ a day for every
day any Person shal neglect or Refuse to appear unless lawful
cause be shewn for his absence —
Read in y^ house of Represen'* & order'^ to be sent up for Concur-
rence — Josh : Peirce C^ Assem^^
May 12 — 1718 In Council
Voted a Concurrence Rich'^ Waldron CV Con —
* 1-224 * Wheras y^ Town of Kingstown in this Province at this Ses-
sions of Gen" Assem^-'' have had y^ Sum of 500;^ vof^ them
out of y^ 1 500;^ Lodg'^ in y^ hands of y® Grand Comitte being part
of y^ 15000 pounds Rais'^ in Ocf 171 7 —
Vof^ That Kingstown have five hundred pound^ out of y* fifteen
hundred pound* above s^ they paying y^ Sum of three "^ cent ^
Annum yearly & y^ principle also at y^ End of y^ time agreed on
w^ ye Grand Comitte & to give land Security y^ interest to begin
upon Receipt of y^ Money —
The house sent for up by his Excelency Coll Shute & Prorogu'^ to
y^ first day of august next 14 May 1718
I aug^' 1 71 8 Met according to Prorogation present M"" Speak"" Packer
Joth Odiorn Esq"" & Josh Peirce Maj'' Gilman Cap' Jn° Gilman
by Order of L" Gover"" Wentworth y* Generall assembly is farther
Prorogue'^ to y^ second tuesday in octob"" Next :
I aug^' 1 71 8 Josh Peirce Cler : Assem
I 71 8] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 1 23
1 718 7 Ocf by vertue of his Excellency Coll Shute^ Special war-
rant y*^ house mett this clay Present
M'' Speaker Cap' Tibitt Cap' Read
Denett Maj Gillman m"" Jo'' Damm :
Teirce Cap' Jo" Gillman Maj"" Ware
Coll Davis Joth Odiorn Esq''
jMaj'' Peter Ware being Chosen by y^ New Parrish of Hampton by
vertue of y" Govern'"^ precept for a representative being y^ day qual-
ified took his place att y^ board accordingly 7 Oct 1718 —
The house adjour'^ til tomorow nine a Clock
*a Copy of his Excellencyes Speach 7 Oct" 1718 — * 1-225
Gent'"" there was so much buisnes done y*" last Sessions y' I do
not know of much y' necessary to be done at this meeting — al y' I
have to Recomend to you is w' my Master y^ King Comand^ me : w^''
is y' y"" Castle w'^'' is very much decay "^ in its works & fortifications
be repaird & y' y^ Goal may be made so Strong as to prevent Escapes
for y" future & y' a place of Execution may be apoint"^ & a galows
Erecf^ for Justice w'^ her Scales in her hand w"'out her Sword : wil
make but a Meane figure in y* world
I am also to Informe you y' y*" Province of y'' Massachusets has ac-
cording to y'' Instructions given me by y^ King : Grant"^ their L"
Gov'' Some alowance to defray y^ Charge w* Necessarily attend^ y'
Station & I question not but you wil follow their Laudable Example —
I hope y^ Detachment y' I sent under y*" Comand of Cap' Mooday
has att present broke y^ vile designs of y^ Indians but am Sorry to
hear y' y^ greatest part of y'^ New hampsh"" men have so Shamfully
betray'^ y*" trust their Country Repos'' in y"" by Desertion : I have
order"* them to be taken up y' so they may be brought to condign
punishment w* I hope wil prevent it for y^ future —
I have used my best Endeavours to Serve this Province by getting
y" Duty of your Lumber to be taken of and am pleas'* y' I can ac-
quaint you y' I am not w'''out hopes of having itt done in a Short
time —
Gent'"' I have nothing farther to Recomend to you but Dispatch
in y^ affairs before you Sam" Shute
8 Ocf y* house mett according to adjournm" Present
Coll Davis Cap' Gillman Read
Maj' Ware odiorn Dam
Maj' Gillman Denett Peirce
Tibitt
124 PROVINCE OF NEW HAMPSHIRE. [l/lS
Coll : Davis Chosen Speaker pro Tempore —
The Petition of Jo" Burss of oyster River being Read wherin he
Sets forth his Necessitous Circumstances —
Vot*^ yt ye Selectmen of Dover be advis^ to do y"' duty & take care
of y® s'^ Jo" Burss & supply him w"^ w' he is in Necessity of ac-
cording to y*^ law of this Province & y' y^ Town pay 20 yearly out
of y** town Stock
* 1-226 * The house adjourn^ for two hours —
The house met according to adjournm' all present as in y^
Morning —
The house adjourn*^' to eight a Clock in y^ Morning —
9 Oct : the house mett according to adjourm" Present
m"" Speak'' Gillman Wiggins
Denett Gillman Ware
Peirce Dam Tebett
Davis Eastman
Vof^ y* m"" Speak'' Packer Maj'' Jo" Gillman Esq Joth"^ Odiorn Esq''
& Cap' Hugh Read be a Comitte from this house to joyne Such as
may be Chosen of y^ uper house to view y^ Prison — & y^ ffort
at Newcastle & y' they make y"" Report imediately to y'^ General
Assembly y' this Sessions may Make orders for w' Necessary accord-
ingly — Josh Peirce Clerk Assem>'
The house adjournd for two hours —
The house met as in y*^ Morning & Maj"" Ware also
Vot"^ y' m"" Speaker Packer Jo" Gilman Esq"" Joth"' Odiorne Esq'' &
Cap* Hugh Read be a Comitte from this house to joyne such as
may be Chosen of y*^ uper house to apoint a proper place for Exe-
cution of Criminals & to order a Gallows to be Erect'' for y' End
Josh Peirce CI'' —
an ace" of w' order'^ to be paid out of y*^ Treasury On y^ acc"^ of
Subsisting Keniston & y^ Indians &ct : Viz"
to m' treasur'' 42- 9-9
to y^ undersherif — 14-1 5-0
to m"" Jam*^ Jeffrye — i- 5-0
The house adjourn*^ til tomorow 8 aclock —
10 — The house Mett according to adjournm* Present
m"" Speak"" Tebets Read
Denett Estman Odiorn
lyiS] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 1 25
Peirce Oilman Wiggins
Davis Oilman Dam
Ware
* 1 718 The house adjourn'' for two hours — * 1-227
The house met according to adjourm^ Present as in y*^
Morning
The Petition of y*^ Selectmen of Portsm° having been Red Relat-
ing to moving y*^ Prison & a Comitte of four members of both houses
Chosen to agree & make their Report theron —
The house adjourn^ til tomorrow 8 a Clock —
1 1 Ocf The house met all Present as yesterday Except m"" East-
man
The Comitte for making Report of y*" most proper place for pun-
ishing Criminals & Erecting a Oallows having made their Return w^^
was Concurd w* by y*" Council & Vof^ by y^ Assem'^y Viz" y* y^ late
usual place near y® present Ooal be y* place for punishing Criminals
& y' a Oallows be Erected in y^ Old Training field of Portsm" be-
tween Mess''^ Will" Cotten & Edw : Cates their houses —
Tho^ Packer Hugh Reed Shad Walton
Joth'" Odiorn The"^ Atkinson R Wibird
The Comitte for viewing y^ foart at Newcastle & y^ Comon Ooal at
y^ Bank having made Report of y^ Deficiency of Each it was Vof^ by
both houses y^ y'' s"^ Comitte Viz" Mess''^ Packer Oillman Odiorn &
Reed shal se to y^ Needful repairs of the Same as Soon as they may
w*'* Conveniency —
Vot'' y^ Coll : Packers house att Oreenland by y^ Mill dam in y^
Country Road be one of y'= Publick licenc'' houses allow'' in Portsm°
paying Excise according to Law —
II Ocf 1 7 18 Josh Peirce CI"" Assem'y
*ii Oct 1718 The Petition of y« Inhabitants of New- * 1-228
castle w'in they desire y' order may be Grant'' y* an in-
diferent Comitte may be apoinf' y' is in no way Interest'' in either
Town to Run their first line & to allow y"" bound^ to Run by hamp-
ton line to y'^ Sea as was formerly Vot'' which Petition was Vot''
Josh Peirce CF Assem'^
Vot'' y^ y^ Comitte & Represent* of Each Town or Parish in this
Province for leting out y*" 15000 pounds Rais'' in ocf 171 7 be
allow'' two '^ Cent to defray y'' Necessary Charges in leting out y^
Same & y* y^ Several Comittis & Represent^ of Each Town bring
in their ace"* & Mortgages to y*" Orand Comitte att their Next Ses-
126 PROVINCE OF NEW HAMPSHIRE. [l?!^
sions w'' they Shal Receive their wages w* Sessions wil be y^ first
wensday in Nov Next & whoever of s'^ Comittes in any town shal
neglect to attend this order shal lose their whole Claime
Vot^ y* his Excellency be Presenf^ w^'' 90 pounds out of y'^ treasury
of y*^ Province
The house adjourn'' for two hours —
The house met according to adjournm' all Present as in y*^ Morn-
ing —
The house adjourn'' til Munday Next 9 : a Clock
an answer to his Excellency^ Speach —
May it pleas your Excellency
We are of opinion y* tis highly Necessary y' y*^ ffort at New Castle
be repaird & have Chose a Comitte for y* end — as also y' al due care
be taken by y^ Same Comitte to Repaire y^ Goal & y' a place of Ex-
ecution be apoint'' & a Gallows Erect'' —
& our Regards to y® L" Gov"" are such y' we would willingly Demon-
strate them by a generous Present but y^ publick Charges are so
great y* we have no other View but y^ Excise of this Province til
next may Provided y^ honour'''^ y'' Council may be prevail'' w^'^ to
Come into it
* 1-229 * ^^^ thankfully acknoledge your Excellencys Early care
to prevent any vile design of y^ Indians by Sending out
Cap' Moody w* a Scout to Cover y*^ frontiers — But in as much as
your Excellency was pleas'' to order one thir^ part of s'' Scout out of
this Province : we Humbly pray y' this may be no President for y^
future this Province being but about a twelfth part in proportion in
Capacity w**^ y^ Massachusets —
We Rejoyce in y"" Exellency^ favour Relating to y^ Duty of our
Lumber being taken of & Humbly pray y' y"" Excellency wil pleas to
Continue y*" Same to us — & as to y® Present Buisnes of this Sessions
we shal use al possible Dispatch to Shorten y® Same
Tho^ Packer Speak""
13 Ocf 1 71 8 the house met according to adjournm' Present
m"" Speaker Maj"^ Gillman Ware
Denett Cap' Gillman Dam
Peirce Odiorn Wigins
Read
the house adjournd for two hours —
the house mett according to adjournment all present as in y®
Mornincr —
1 71 8] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 12/
The house Sent for up into Council Chamber & were Proro^-u'' to
y*" 30 Decern"' w'^'' wil be on a tuesday by his Excellency Coll Shute
13 Oct 1 71 8 Josh Peirce CI"" Assem'y
Memoran^ m"" Speaker took out his Debenter for his Servis in Gener"
Assembly from 12 Oct 1717 toy'' 13 Oct 1718 being al y' was then
due for 31 days
L" Eph : Dennett for D° — 29 days —
Josh Peirce for D" — 32 days —
* 1718 : Dec'' 30: The house mett according to Proroga- [j,* 1-230
tion Present
[■' Speaker Packer :
Denet :
Dam
Odiorn :
Reed —
Wigins
Gillman :
Gillman
Peirce
Ware
The house adjourn'' for two hours —
The house mett according to adjournm* al present as in ye Morn-
me:
31 Dec*" Vot'' y' three shils be added to y^ Seven formerly allow*^
to make y^ stipend or wages of Each Comitte man for Setling town
Bounds &ct ten shils ^ Diem — Rich^ Waldron CI-" Con —
Read twice in y'^ house of Repres'® & Concurd
J Peirce CI'' Assem
The Comitte appoint'' for Setling y^ Town bounds w*''in this Prov-
ince &c^ made their Return & gave in a Coppy of y*^ Journal to his
Hon'' y" L" Gove'' w'^'' Return & journal both dated 24 : x'' 171 8 was
this day by him laid before this board where it was accept'' & Voted
y' y^ Return be herby Confirm'' & y* y^ bound^ y''in Mention"^ shai be
y*" Establish'' lines & boundaryes for al y^ town therin Mentiond & y'
it be sent down for Concurance
30 x^ 1 71 8 Rich'' Waldron CI--
Red & order'' to lye under Consideration til y'^ next Sessions —
Josh Peirce CI'' Assem'y
The house adjourn'' til Seven a Clock tomorrow morning —
31 Dec"" The house met according to adjournment al present as
yesterday & Coll Davis
The house adjourn'' for an houre & halfe
The house met according to adjournm"
James Jeffry^ ace" for Runing y^ Lines between y« Several towns
128 provincp: of new Hampshire. [1719
& Parishes in y*" Province &ct — amounting to 1 4/1 0/0 allow'' &
order'' to be paid out of y"^ treasury —
Vot'' y' y*^ 200 pound Publick money formerly let to Rich'' Gerrish
Esq'' Deceas'' be Demanded of his Son Rich'' Gerrish & if he ne-
glect or Refuse to pay y'^ Same y' y'' Bond be put in
* 1-23 1 * Suitt : & y' M"" Speak' Packer & Josh Peirce be impower''
to se y" Same Prosecuted to Efect Josh : Peirce CI'' Asem'^
Vot'' y' whosoever shal from hence forward discover any person or
persons y* shall be guilty of Counterfiting any of y^ Plates or Pub-
lick Bils of Crd of the Province of Nevvhampsh'' & Convict him or
them of y*" Same Shal as a gratuity fifty pounds out of y'^ treasury
of this Province and y' y^ treasurer be desir'' to take Care y*^
same be insert'' in y^ Publick News letter —
And that if his Excellency think meet to make any alteration of
y^ above vote to bring it more in Conformity to y'^ tenor of y^ Massa-
chusets proclamation not altering y® bounty he be desired to do the
Same.
The house Sent for up into Council Chamber & prorogu'^ by his
hon-" L" Gov"" Wentworth till y^ 25 March next —
1 719 Mar : 25 : The house mett according to Prorogation present
m"" Speak"" Packer Read Gillman
Peirce Ware Dam
Denett Gillman Tebett
The house sent for up into Council Chamber & Prorogu'^ to y*^ 23
ap"" next by his hon"" y^ L" Gov'' —
Memorand : m'' Jn" Dam took out his Debenter for his Servis in
Gen" Assemb'y from y^ 14 May 1718 to 25 Mar 1719 being al y* was
Due 14 days
* 1 719 23 ap'' The house mett according to Adjournment * 1-232
or Prorogation Present
m"" Speaker Wigins Odiorn
Peirce Gilman Reed
Denett Gilman Tebett
Ware Dam
His Excelency^ Speach
Gent : I promis'^ you Some time Since y* I would use my Best En-
deavour at home to gett y'^ duty taken of from your Lumber & can
now w*'' great Pleasure assure you y* our Gracious Lord & Master
King George has given his Consent to it —
I719] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 1 29
To make this Royal favour y^ most servisable to us it wil be highly
Necessary to Ascertaine y^ Number of Mills w'^'' will Make your
Lumber very valuable ; wil very much preserve y'' timber & wil also
be very acceptable to y^ Crown & Shew our Gratitude to y" King for
his Signal favour toward^ this Province —
There are dayly Complaints Made by y*" People that live near y^
lines of y^ injustice they Suffer by their Remaining so long unsetled :
I wish that y^ Comissioners on both Sides would quickly meet &
find out Some Metho'' to terminate this unhappy Difference w*=''
would very much tend to Cultivate a good harmony & friendship
betwixt y^ two Provinces
I have nothing more at this time to offer but again to Remind you
of Repairing y^ Castle to give al Necessary Encouragm^ to y^ Rais-
ing of Hemp & also to these new Iron works : w* w''' y^ Duty taken
of y"" Lumber will w"' wise Managment Render this a happy &
flourishing Province
Ap^ 23'^ 1 719 Sam^ Shute
* The house adjourn"^ til tomorrow Eight a Clock * 1-233
24 ap"" y^ house mett according to adjournment Present
m*" Speak"" Packer Tebett Wiggins
Ware
odiorn
Read
Vof^ That Coll : James Davis Joth" Odiorn Esq"" & Josh : Peirce be
a Comitte from this house to joyjie Such as may be Chosen of y^
uper house to Auditt y^ Publick acc"'^ of y^ Province
Josh Peirce CI"" Assem^
Maj"" Pef Ware & Maj' Jn" Oilman Esq'" & L" Eph : Denet are
apoinf^ a Comitte to Answer his Excellency^ Speach
The house adjourn'^ for two hours —
The house mett in y^ afternoon al Present as in y^ Morning —
Li answer to your Excellency" Speach
We Return your Excellency many humble & hearty thanks for
your great favour obtain'^ of his Majest" in taking of y^ Duty of Lum-
ber —
As to ascertaining y^ Number of Mills we Leave itt to farther
Consideration
As to Seteling y^ line between y^ two Provinces we are Ready to
Chuse a Committe to joyne w^'' a Committe of y*^ upper house to
Meet w'*^ a Committe of y^ Massachusets when they please for that
end
Peirce
Dam
Denett
Oilman
Coll Davis
Oilman
130 PROVINCE OF NEW HAMPSHIRE, [l/^Q
as to y^ Repairing y® Castle there is a Comitte Allready Chosen
to Se y' it be done and are dayly providing for y^ Same
as to y^ Encouragm" of Raising Hemp we are ready to give al
Incouragm" w* may be thought Reasonable —
as to y^ Ironworks we are Humbly of Opinion y' y^ profit therof
may Support y^ undertakers of y® Design
* 1-234 * 1719 24 ap"" Vot*^ y' y^ Excise be continue'' for y^ year
Ensuing & y' a Committe be Chosen to take Care of y^
Same —
Vot'' That Cap' Hugh Reed & L" Eph : Denett be a Comitte from
this house to Joyne such as may be Chosen by y^ upper house to
farme y^ Excise for this present year Josh : Peirce CV Assem^
Wheras there is a Controversie between the Province of New
hamp^"^ & Mass'Hs Concerning y*" divisional line between s^ Provinces
w''by Several Misunderstandings have arisen & may Stil arise for pre-
vention w''of it is
In Council
Vot'' y' Mark Hunking & Rich'' Wibird Esq""* be a Comitte from
this Board to Joyn w''^ two y' may be Chosen by y*^ house of Rep-
resentatives to goe w*'^ a Surveyer y' they Shal appoint & have w"^
them & view Merimack River & take a Surv^ey Draught of s'' River
& to Run y^ s'' divisional line according to y^ Massachusets Char-
ter & to make a Returne of y^ s'' Draft of y^ River & line att y^
Next Sessions of Gen" Assembly & y* y^ s'' Committe be paid out
of y^ Treasury ten shils a peice '^ Diem for their Service as also
y^ Chain men &ct to be paid out of y*" treasury —
24 ap"" 1 719 Rich'' Waldron CI' Con
In y^ house of Representatives
Read & Concur'' — Josh Peirce CI'' Assem^
Vot'' That Coll : Jam« Davis & Major Pef" Ware be a Comitte from
this house to Joyne y^ Gent' of y*^ Com" of y^ upper house to Run
y^ line & take y*" Draft of y*^ River Merrimack & make y"" Return as
above — Josh Peirce CI"" Assem>'
* 1-235 * The house Adjourn'' til tomorrow Eight a Clock
25 : ap"" : The house Met all Present as yesterday —
In Councill
Vot'' y' his Hon"" y*^ L" Gov-" Mark Hunking & Geo Jaffry Escf^ be
of y^ Comitte from this board to joyne w"" y°^ Chosen by y^
lower house to auditt y^ Publick ace" of y^ Prov^
24 ap"" 1 719 Rich'' Waldron Cler : Con
I719I JOUKXAL OF THE HOUSE OF REPRESENTATIVES. I3I
Vot'' That his Excellency be Present'' w"' iio pound to be paid out
of the Treasury of this Province in Bills of Crd of the Same
Josh : Peirce CI"" Assem>'
The house Adjourn'' til tuesday Next ten a Clock
1 7 19 28 ap"" The house mett according to adjournment Present
m"" Speaker m'' Dam Davis
Denett Gillman Odiorn
Peirce Gillman Reed
Ware
The house Adjorn'' til tomorrow Eight a Clock
29 — The house mett according to adjournm" all Present as yester-
day & m"" Tebett & m"" Dam & m"' Eastman
The house adjourn^ for 2 hours —
The house mett as by Adjourm' —
* 29 ap 1719 The house adjourn^ til tomorrow Seven a * 1-236
Clock —
30 ap'' The house mett according to adjournm" Present
m"" Speak"" Gillman odiorn
Peirce Gillman Reed
Denett Davis Ware
Dam Tebett Eastman
Eliph" & Tristram Coffin® Petition Read In y^ house of Repre-
senta'"^ from y^ uper house &
Vof^ a Concurance — Josh Peirce Town CI""
The Petition of Benj" Levitt of Stratham for lince to keep a Pub-
lick house free of Excise y^ Desire of y^ s'^ Petition being Grant^ by
the uper house : y^ house of Represent® having Consider'' it vote'^ a
Concurrence Josh : Peirce CV Assem^'
Voted that four pound® be aded to w^ already allow'' m"" Speak""
Packer for fireing for y^ Courts &ct :
This day y^ Comitte of Auditt made their Returne of y"" Doings
& laid y^ Same before y*^ house for their allowance —
This Day a Vote was past for Preventing al Iron Mine or Ore Not
to be transported out of y*" Province
The house adjourn'' for two hours —
The house mett according to adjournm*
* In y® house of Represent® * 1-237
Vot^ That y* Town of Newcastle have y^ liberty of building a
Bridge from Great island to Sander® Point on y'^ Maine Land : Pro-
132 PROVINCE OP^ NEW HAMPSHIRE. [l/^Q
vided it be done at y*^ proper Cost of Newcastle or such as shall
. freely Subscribe therto : they leaving a Convenient passage for
Shallops &ct by a Drawbridge —
30 ap"" 1719 — Josh : Peirce CI'' Assem^
The house Adjourn'^til Eight a Clock tomoro
I May The house mett according to adjournment all Present as
yesterday Except m'' Dam —
Maj"" Ware Chosen Speaker pro : Tempore —
The house adjournd for 2 hours —
The house mett according to adjourm* —
Wheras there was a Motion made by y^ Uper house y' Maj""
Vaughan was Rendred uncapable of Managing y'^ Publick Records of
y^ Province he being Superanuat^
Vot"^ yt ye Records be Remov'^ from Maj"" Vaughans unto Some
meet person y' Shal be appoint"^ —
Vof^ yt Sam^' Pen hallow Esq"" be y^ Record"" of y^ Province & y* y^
Records be remov'^ into his hands During pleasure
I May 1 7 19 Josh : Peirce CI'' Assem^
The house adjourn'^ til Seven a clock tomorrow morning —
1 7 19 2 May The house mett according to adjournment Present
m"^ Speaker odiorn Davis
Peirce Read Oilman
Eastman Ware • Oilman
* 1-238 * 1719 2 May Wheras there an order of this house in
Decern'' last Directing m*" Speak'' Packer & Josh : Peirce
to put m'' Rich^ Oerrish^ Bond in suit w*^^ was done accordingly &
Continued til June Court nex*
itt is now order'^ y* y= s^ Suit be Suspend^ provided m'' Gerrish give
Security to Satisfaction of this house —
Vot^ yt ye L" Oov'' be presenf^ w^'^ y^ Excise of y^ Province y^ year
Ensuing —
Vot^ y* Maj"" Jn° Oillmans Loghouse by y^ Bridge be a publick
licenc'^ house for Entertainment paying as other publick houses in
y^ Province
Vot^ That y*^ Severall acc"^ hereafter Insert"^ be paid out of y*^ Treas-
ury & y* orders may be given for y*^ Same Viz"
to y'^ L" Oov'' as "^ ace" 7: 15:9
to Rob^ Coats D° — i-io-o
to Sam^' Jordan D° — 4- 0-0
I719J JOURNAL OF Till-: HOUSE OF KEI'KESENTATI VES. 1 33
to M'' Treasu''^ Gen" ace" 2639-1 1-3
to m"" CI"" Waldron D" — 60- 0-0
to m'' Speak'' Packer D° — 11- 0-0
to m"" Sherife Gambling D" — 6- 0-0
The house adjourn'' for 2 hours —
The house met accordini;- to adjournm' al present as in y^ Morn-
ing —
Vot^ yt ye Money allow"^' in y*" Treasurers acc"^ paid for y"^ Repairs
of y^ Prison Viz" one hundred & forty pounds be paid to y" Present
Comitte for Carrying on y^ Repairing or building s'' prison
* The following Debenters were taken out to this Day being * 1-239
2 May 1 719
Maj"" Gillman — 28 days Maj"" Ware — 25 days
Cap' Jn^' Gillman 28 d° Cap' Odiorn — 23 D°
Coll Davis — 20 D" Cap' Reed — 25 D°
Cap' Tebett — 20 D°
Vot'' that 90;^ broken bills in y^ Treasury be burnt & y' y^ Speak""
& Clark of this house be of a Comitte to se s'' money burnt — w*^'^
was accordingly done in y^ house in view of y*^ Assembly
The house sent for up into Council Chamber & Prorogued to y^ 21
July Next : 2 May 17 19 by his Excellency Sam" Shute
1719 July 21 : The house mett according to Prorogation Present
m'' Speak"" Packer : Denett Peirce Odiorn & Reed m"" Dam : —
& by his Excellencyes order are farther Prorogu'' to 18 aug-^' next
being wensday
1719: 18: aug : the house mett according to Prorogation : Present
m"" Speak"" Packer Joth"" Odiorn Esq"" Josh. Peirce Cap' Oilman —
Cap' Reed Eph Denett Davis Dam Tebett & by His Hon"" y« L''
Gov"" farther Prorogu^ to y'^ 22 of Sep' next following —
1719: 22 Sep y® house mett according to prorog'"" Present
m"" Speak"" Packer Denett Cap' Oilman
Peirce Read
the house adjourn'' til : tomorrow 3 a Clock
23 the house met according to adjournm' al present as yesterday
The house adjorn'' til tomorrow 10 a Clock
* 24 Sep' The house mett according to adjournment Pres- * 1-240
ent
134 PROVINCE OF XEW HAMPSHIRE. [^7^9
m^ Speaker Packer Peirce Cap^ Gilman
Denett Coll : Davis Dam
Reed
The house adjourn'^ for two hours —
The house met according to adjournm' al Present as in y® ]\Iorn-
ing & m"" Wiggin & m"" Eastman
In Council
The Committe appoint"^ for Setling y*^ Town Bounds w^^in this
Province &ct : Made their Returne & gave in a Coppy of y'^ Journal
to his Hon'' y^ L" Gov"" w^^ Return & Journal both Dat'^ 24 Oct 1718 :
was this'day by him laid before this Board where it was accepf^ &
Vot^ that y^ Return be herby Confirm"^ & y"' y^ Bounds therein men-
tiond shal be y^ Establish'^ lines & Boundaries for al y^ Towns
therin mention'^ & y^ it be Sent down for Concurrence
Dec'-: 30: 1 71 8— Rich^ Waldron CI-" Con
Red 3 times in y^ house of Represent^ & voted a Concurrence
26-Sep: 1719 J Peirce C^ Asssem>' —
His Excellency^ Speach
Gen' : since our last meeting I have Receiv"^ Strict orders from His
Majes^' forbidding any law to be past for y^ future y' may affect y'^
Trade or Navigation of y^ Ships from England w*^*" wil prevent y^
Receiving of y* Powd"" money for y^ future from such vessels : this
order is to be Record^ in y* Councill books : & also in y^ house of
Representatives : according to y® Instructions I have Receiv"^ y' so
they may be Strictly Comply'^ w^
* 1-241 * All I have farther to observe to you is y' The Colledge
at Cambridge is intirely Erect^ at y^ Charge of y^ Masachu-
sets & y' since it hath been Ver}^ instrumental toward^ y^ Incouragm'
of Religion & Learning : & y' y^ youth of this Province Receive
great advantage in their Education from itt y' it wil tend greatly to
y^ Reputation of this Province to Show y"" grateful acknoledgm'
of the benefitt your Children Receive thereby by Making some han-
some Present for y*' augmentation of the Library —
Gen' : Tis your Season of Har\'est shal therfore be glad to permit
you to goe home as Soon as possible —
The house adjourn^ by y^ Speak"" till tomorrow ten a Clock —
25 Sep : The house mett according to adjournm" Present
m'' Speak"- Packer Davis Dam
Peirce Wiggin Odiorn
Denett Cap' Gilman Reed —
Eastman
The house adjourn'^ for two hours —
1 719] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 1 35
The house met according to adjournm" al present as in y*" morn-
ing —
The house atljourn'' til tt)morrow 8 a Clock
26 : Sep : The house met according to adjournm' Present
m"" Speak'' Packer — Davis Dam
Denett Wiggin Odiorn
Pcirce P2astman Reed
Tebett Cap^ Gillman
* AP Joth'" Odiorn Esq' & Cap^ Hugh Reed Enters their De- * 1-242
cent against y^ Return of the Comitte for Setling y*^ lines &
Boundaries between y*" Several Towns w^'^in this Province viz" y^
lines between Portsm° & Newcastle —
Memoran'^ — m"" Speaker Packe m"' Eph Denett & Josh Peirce took
out their Debenters to y^ day for 25 days being al y* was then
Due —
26 Sep^ 1 719 Josh Peirce CI'' Assem>'
Wheras Coll : Packer y" former Speaker is this day RemoV^' to y^
Council Board by his E.xcelency'' order — & a new Speaker Chose in
his Room which was by a General vote cast upon Josh : Peirce who
was Present'' to his Excellency & accept'' —
The house Return'' from Council Chamber & Chose m'' Eph Denet
CV for y^ house & Swore him to his office —
The house Sent for up into Council Chamber & Prorogu'' y'^ to the
first wensday in Decern'' next by his Excellency Sam" Shute
26 Sep^ 1 719
2*'' Decem : 1719 : the house Mett according to Prorogation Present
m"' Speker Coll : Ware mr : Dam
Eph : Dennet Maj"' Gillman Cap : Odiorn
Coll : Davis Cap : Gillman Cap Reed
Cap : Tebet Cap : Wiggins
Whereas there is an order from y^ Bord of Tread for Runing y"^
Devideing line Between this Province and y^ Province of Masetusets :
\'oted that mr Spaker Peirce : be : Chosen a comm"^ an out of this
house to joyne weith y^ Comtte cho'^ last may Sesons for that end
*Proroged to y^ seccond thursday in Feb^ : next by his Hon"' * 1-243
v^ L" Gov"" : 2^'^ : Decem : 17 19 —
feb 1 1''' : 1719/20 the house meet at time & place Present
m'' Speaker Cap : Odiorn Eph : Dennet
Coll : Davis Cap : Reed mr : Eastman
I\Iajr : Gillman mv : Dam
and Proroged to y® Last wensday in March
136 PROVINCE OF NEW HAMPSHIRE. [^7^9
30 march : 1720 : the house met according to Prorogation Present
m"" Speaker majr : GiHman mr : Dam
Eph : Dennet Cap : Gillman Cap Tebett
Cap Reed
and farther Proroged by his Hon' the Litt : Gov'' to y'' : 20 : day of
April next
Memorandom : mr John Dam took out his Debenter for his serves in
Gen" Assembly from y^ 25 : of march 17 19: to y^ : 30: march
1720 being all that wass then Due which wass 24 : days —
April 20'*" 1720 — the house met according to Prorogation Present
mr : Speaker Eph : Dennet
Cap : Jno : Gillman & Maj'' Gillman
and Proroged to: y'' : 26 : day of April
Memoran"^ Cap: Hue Reed took out his Debenter for his serves in
Gen" Assembly from y^ 2 Day of may 1719 to ye: 30: day of
march : 1720 — 17 : days being all y' was then Due
* 1-244 * 1720 April 26 ap : The house mett according to Ad
journ* or Prorogation Present
y^ Speaker Cap* Odiorn M'' Dam
Coll : Davis Eph Dennett Cap* Gillman
Coll : Ware Cap' Wiggin Cap* Tebett
Maj : Gillman M"" Eastman
Vot'' y* y^ Speaker Coll : Davis & Cap* Odiorn be a Comitte from
this house to joyne Such as shal be Chosen by y*" upper house for
this year to auditt y'' Publick acc**^ of y'' Province & that they make
their returne to this house att this sessions
The house adjourn'' till Seven a Clock tomorrow Morning —
27 The house mett according to adjournm*' al Present as yesterday
& Cap* Sherbun
Vof' y* Cap* Henry Sherbun be Clerk of y'^ house of Representa-
tives —
Adjoyrned for two Hours —
House Mett according to adjourment All present as In y*^ Morn-
ing —
Votf' That M"" Denet & Hen Sherburne be a Comyty from this
house to Renew Cor'^ Vaghns Cor" Walttons & Cap* VVibirds Esq""
Bonds being part of So much money Lent them In 1 716 to Joyne
Shuch as Shall be Chosen out of y*^ uper house & In case of any
1720] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 1 37
Refusal that y" Comite Shal have ful power to prosecute them Att
y'^ Comon Law
* His Excellencey Speach * 1-245
Gen'' Their being no Ships arivecl from greatt Britain This Spring
that has brought any Letters I have Nothing to a quaint you With
from thence So That I hope you will quickley finish y*^ Accounts Of
ye Province & make this Assir^ Very Short But if after I Returne to
boston I Shall Receve any Letters that brings any affares of Moment
Relateing to this province I Will not faile to meet you again before y^
fale Sessions —
And The house Adjourned till Eight a Clock To Morow Morn-
ing —
y"^ 28 And The house Mett according to Adjournment Being all
present as yesterday —
And this House is Adjourned for two hours
And this House Mett According to Adjournment All present as
In y"-' Morning —
Vot'' That y*^ Excise be Continued for y'^ year Ensuing & that a
Comity be Chosen to take Care of y^ Same
Vof^ That Cap" odiorne Esq"" & Maj : Jo : Oilman Be A Comitte
from this house to Joyne Shuch as May be Chosen out of y* upper
— house To farme y'^ Excise for this present year —
Hen Sherburne Clarke
And the house is Adjourned till Eight A Clock to Morow morning
y^ 29 And y^ house Mett according to Adjournment All being
present
V'ott'' That forty Six pounds two Shillings g'^ Broken Bills of Creditt
be burnt In y*^ treasurey Which Was accordly Don In vew of
y* Ass"
* Aprill y^ 29 1720 In Answer to his Excellcey Speach * 1-246
Votf^ & Sent up
Maye itt pleas Your Excellencey
We Returne Your Excellencey thank for Your great Care of us In
Coming In to Your Goverment hear We Should have bin Glad
Your Exce^ had good News from great Britain to have a quainted us
We Shall Alake all posibel Dispatch In y*^ Ace" of Province Haveing
Chosen a Comitty for to Adjust y^ Same If your Exc" Should have
10
138 PROVIN'CE OF NEW HAMPSHIRE. [l/^O
any good News out of great Britain of moment that your Exc" Will
be pleased to (tomunicate it to us — Hen Sherburne CI"" Ass'
And y^ House is Adjourned for two hours —
And y^ House Mett According to Adjourment As In y^ Morn-
ing —
Whear as M"" Hugh Reed is one of y^ Representitives for y*^ toune
of New Castel is gon with his family to Canser or Newfound without
Leave from this house & not Knowing When he Will Returne y^
Selecktmen of S'' town having adrest the Ass'^ as it is their privilidg
to have two Members In this house & that orders may go out to fill
up that vacancey ordered that y*^ Selecktmen of y® town of Newcastle
Be notified for to Chuse one Representitive against y'' Next Setting
of this house of Ass^
Vott^ That J° Hinks Esq""^ Ace" on file is Suspended till Next Ses-
sions & if not paid by y^ treasurer that their be an order for y^
payment of itt — the Vote of y^ Counsel Conncured With Relate-
ing to Sa'' Hinks Pettion Relateing to y*" Lott of Land Bought of
Edward Bolleys Widow
* 1-247 * 1720 y* 29 The Votte of y^ Counsel Relateing to a Com-
mity being Chose for to Examing What Will be proper
for y^ He of Sholes to be charged in y*^ province tax
In Counsel
That Rich'^ Wibird & Tho^ Packer Esq""^ be of a Comitty from this
board to Joyne w''^ Shuch as Shall be Chosen by y^ House of Repre-
sentitives to Examing what will be proper for the He of Sholes to be
Charged in y^ province tax & Report Itt to y^ Geniral Asse" att their
Next Sessions —
Red three times and Concurd With all
Votf^ That Coll Pearse Speaker of this house & Lef" Deneck Is
Chosen to Joyne y'^ Comitty as above Relating to tax ye He of
Sholes
In Counsel Vott"^
That Sam" Penhallow & Marke Hunkings Esq" be of a Comity from
this board to Joyne With Such as Shall be Chosen by y^ house of
Representitives to Examing What Will Be proper for y^ town of
Kingstown to be Charged In y'^ pro^ tax in proportion of y"^ other
towns and Reporte it to y*^ Gen" Assem" at y*^ Next Sessions
Red three times and Concured With all —
Vott"^ Thatt Maj ]" Gillman & Hen Sherburne be a Comity to Joyn
y^ Gen* of y^ upper house for y^ End as Above Said
1/20] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 1 39
Vott'' That his Excellency be presented With one Hundred pounds
And to be paid out of y^ treasury —
And the House is Adjourned till to Morow Mn° Seven a Clock
Ap' y'' 30 And y*" houes Mett According to adjournmentt All
present as yesterday —
Vott*^ That Nicolas Mead be Confined In Close Prison & then
Well Secured Until He get Som persons to be bound With good
Securyty to pay forty pounds a year until y^ Whol Debt be paid to
y*^ S'' province —
* April y*^ : 30 : 1720 Whear as there is a Commity Chosen * 1-248
of both Houses to Proportion Kingstown & Gosport Allies
He of Sholes What thay Shall pay to y*^ province tax and that y^
Same Comity Shall Se What alterrations are made in any towne or
parrish by y*^ Reasons of y® New lines now Settled that Whear
any persons are taken of from any town & aded to any other town
that so much as they paid in S'^ prov^ Rate Shall be taken of from
that towns proportion & aded to town Whear they now belong &
that y^ Assem'^ Shall proti that Money that is to be Raised In
Kingstown & Gosport Allies He of Sholes on y^ Several towns In
s'^ province
Votf* That Agency be Improwerd to Sollicitt y® Province Interest
Att horn Relateing to y^ Lines between this & Masathusets Ex^'
& that a Comitty be Chosen of both houses to Draw up Instruck-
tions for s^ Agentt And that one hundred pounds Be given out of
y^ treasury for his Encouragement —
-£ioo
In Counsell
Votf^ That Henry Newman Esq"" be y*^ Agent for this province &
that Sa'^ Penhallow Mark Hunking & George Jeffrey Esq"" be of a
Comety from this Board to Joyn With Such as may be Chosen
by y^ House of Representitives to Draw up Instrucktions for y*^
Henry Newman Esq"" Accordingly
Ric"^ Waldron CI of y'^ Coun
Red & Concured With all
Vott^' Thatt M-- Speaker & Maj : J° Gillman & Hen Sherburne be
of y^ Comity from this House to Joyne y^ Comety of y^ Upper
house
Vott'' That y'^ L" Gov"" be presentted With y^ Excise y*^ year Ensu-
ing—
And y*" House Sent for up And prorouged till y^ 24 daye of May
Next Ensuing Hen Sherburne CI*"
140 PROVINCE OF NEW HAMPSHIRE. [1/20
* 1-249 * Maye y^ : 24 : 1720 And y^ House Mett According to y^
Prorogatation & Adjour" Present
M"" Speaker Hen Sherburne Cap" odihorn Esq""
Lef" Denick Daniel Greenough Sq'' Eastman
M"" J° Dam Cor^^ Wier Cap" Wigens
Cap" Tibetts Maj : J° Oilman Cap" J°: Oilman
Votf^ That y*^ Orand Comitty for y^ Manigment for y"" fifteen thou-
sand pounds be Desired to Lay y'^ Accounts Before y^ Oenerall
Ass'' of y'' Disposing of itt and of the yearly payments paid In —
In y^ House of Representitives —
Upon Reading y'' Pettion of J" & Jo^ Meade ordered that Nicholas
Meade y^ father of J° & Jo^ Meade y*" Pettioner be Discharged out
of y^ prison on Condition that the Said J° & Jo^ Meade give good Se-
curyty to y® Sattisfacktion of y'^ Oenerall Ass" to pay yearly and every
Year y^ Sum of thirteen pounds Six ShilHngs & 8d Currant Money
for y^ Use of y*^ Province for fiften years Ensuing or till they have
paid or Discharged y^ Sum of two hundred Pounds to gether With
all Prison Charges that has bin on Said Nicholas Mead y*" father of
y^ Pettioners —
Vott^ That Maj : J° Oillman & Cap" Andrew Wigens be a Comitty
from this house to Joyne With two of y^ Counsel to form an Ackt
for Strengthing of a Vote Past In y^ Oeneral Ass" Octo'' y'' 8 :
1 71 7 Relateing to y'' two parrishes In Portchmouth
George Jeffery & Rich"^ Wibird Esq'' was Joyned from y^ uper
house to form y^ Ackt Acordingly Which Was Don & Concured With
all
And y^ House is Adjourned till to Morow Morning Eight A Clock —
Maye y^ 25 And y'' House Mett According to Adjournment All
present as yesterdaye —
* 1-250 * May y^ 25"^ And the house mett according to adjourn-
ment all present as Yesterdaye —
May y'^ 25 A Return of the Comitty of both houses which was
Choase to tax Gosport Allies ; Isle of Shoales in the province tax
which is Twenty pounds in every Thousand pounds Raised in the
province and so in proportion in greater or lesser sum raised in the
Said province —
Read in the house of Representatives And voatf' a Concurrance —
May y^ 25 A Returne of the Comitty of both houses which was
Choase to tax Kingstoune in the province tax they having made y®
best Enquirye they could of the State of the Towne and are of
1/20] JOURNAL OF TIIK HOUSE OF REPRESENTATIVES. I4I
opinnion thatt they paye a thirty"' parte of the Province tax which
is ^33 : 06 : 08 : in a thousand pounds & so in proportion of
greater or lesser Sum for two years next Insuing —
And the house is Adjourned for two houres
And the house Mett according to Ajourment all present as a
morning —
Voatf^ Thatt Kingstoune be now brought into the province tax for
fivety pound® ; in a thousand pounds province tax or in proportion
be itt more or Less ; and thatt the Treasurer issues out his Warrant
for raising S*^ proportion on Kingstoune to be paid into the treas-
urey all the season of the year as the Law Directs for the other
towns of this province and thatt the treasurer account with the
Generall Ass" for y'^ Same & that What Ever former Vote has bin
past Relateing to Kingstoun paing of any tax to y*^ province to be
Void & Null
Sq"" Eastman Desents against y^ vote —
And this house is Adjourned till to morrow morning Eight a Clock
Maye y^ 26 And y^ House Mett According to Adjourn* All Pres-
ent As Yester daye
Voatt^ Thatt a Committy be Chosen of y^ Upperhouse to joyne
with the Committy of this house to burne whatt Banck money now
laye in the hands of the Gener" Comitty^ hands and that Maijor
John Gillman and Mr Dennick and M"" Greenough is a Committy
from this House —
* Thatt Reading of a pettition from the Town of Kings- * 1-25 1
toune relating to a high way between Kingstoune and
Hamptoune —
Voatf^ Thatt the Case between Each towne be brought on again to
the Next Ou"" Sestions for a Second hearing between towne and
towne and thatt each towne be Notifyed accordingly —
Voatf" Thatt M"" Nicholas Mead be Sett outt of prisson having given
in Security by his Sons to Sattisfaction —
Voatt'' to be burnt of the Bank money and Burnt Accordingly Viz*
Shills BilP q' ^ S D
30: 147
70 74
80 75
15 146
4/6 : 95
penney i 5 49
220,, io„ 00
259,, oo„ 00
300,, oo„ 00
109,, I0„ GO
2I„ 07,, 06
3m oi„ 03
142 PROVINCE OF NEW HAMPSHIRE. [172O
Shills BilP q* ^ S D
12 : 37: i„ 17,, 00
18 : 42: 3,, 03,, GO
;^9i8„o8„ 09
And this house is adjourned for two houres —
And the house Mett according to Adjourment ; and all present as
in y^ morning —
And the house is adjourned till to morrow morning Seven a
Clock —
May y^ 27 And the house mett according to Adjourment all pres-
ent as Yesterdaye —
Voatf^ In Counsell
That his Honourab'^ the Leftenant : Governour be desired to go as
far as Winter harbour to meatt the Deligates of y^ Indians thatt shall
be appointed to Negotiatiate the Affaires aboutt y® Indians for y^
Supposed murder of an Indian man Hannock one of there tribe and
thatt one or two Members of y*^ board & as Many of y^ house be
desired to Accompany the Said Leften' Governour on the S'' affair
and thatt the Charges of the Negotiation be defraied outt of the
Treasury —
Read & Concurred with all ; and the house is Adjoured for two
hours —
* 1-253 * 1720 May y^ 27 And the house mett according to Adjorn-
ment and all present as in the Morning butt Cap* Tebbetts
And the House is Adjourned till to morrow morning Eight a
Clock —
May y^ 28 And the Hous Mett According to Adjourment Present
M"" Speaker Pears M"" Denick Cap" Grenofe
Maj : J" Gilman Cap" odiorne Hen Sherburne
Cap" Gillman M"" Dame
Voatt'' Thatt the Town of Gosper pay their proportion of there
province tax into the province Treasurer and itt is ordered thatt
the Treasurer pay twelve pounds of thatt proportion to the town
of Newcastle Anually untill there be a new proportion throughout
the province
May y^ 28 1720 Read in Counsill and Concurr'' withall
Voatf* Thatt all accounts brought in relating to this province shall
be sworne to be a just account for the future —
1720] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I43
Read in Counsill & Concurr'' withall —
We the Subscribers being a Comitty appoint'' by the Generall
Ass" to orditt the publick acco' of the province New hampshire have
Strictly examined the Same and do find thatt there is justly due
from the treasurye the severall sums heareafter Mentioned as they
are sett agai^' persons Names Viz^
N° I — Co" Packers Acco* for 1718 & 1719 — £0^,, 04,, 05
2 — Will'" Fellows Acco" for 1719 — • 02,, 15,, 03
3 — To^ Smalle D° for 1719 — oi„ 02,, 04
4 — Left' Gou^'"' Wentworth^ D° — 14,, 15,, 00
5 — James Jefferry^ D° — 17,, 19,, 00
6: John Mardens D"" — 07,, 12,, 00
7 — James Jefferry : for 3 Drafts — 04,, 10,, 00
8 — prisons account — 433. » 09,, 05
9 — Cleark of y^ Counsill 60,, 00,, 00
10 — Cleark of y^ Counsill remain^ due 1718 10,, 00,, 00
£ 559" 07,, 05
* Ballance due from y*" Treasurer as by his| generall Acco' * 1-253
datf' May y^ 24''' 1720 £ 197,, i6„;Oi
Read in Counsill & Concurr'' withall
The Treasurers account Currant of the State of the province for
1 7 19 is Viz'
The whole debt of y^ province is £ 1140,, 00,, 01
The Creditt of y^ province is ^1337.. i/n 00
Ball"" due from y^ treasur"" to y^ province is 197,, 16,, 01
Voatt'' That the Report of the Committy of orditt laid before the
house this Sessions be accepted and thatt the Governourbe desired
to Issue out his warrants to the Treasurer for y^ payments of y^
Severall Sums therein Mentioned in Cource and that Jn° Hincks
Acco' be allow'' him as y^ Comitty of orditt report them if nott
proved by y^ treasurer to be alledge paid & except five pound' nine
shillings for y^ running of y^ new parrish of Portsmouth for which
we desire there may be orders given to y^ Select men of ports-
mouth for the payments of y^ Same —
The following Debenf* was taken out this daye from y^ 2'' of Maye
1 7 19 till y*" 2%'-'^^ of May 1720 — Viz'
Majo"" John Gillman — 27 Days Cap* Jothan Odiorne 27 Days
Cap' John Gillman — 34 D" Sam" Eastman Esq'"'"' 13 D°
Cap' Sam" Tibbetts — 25 D° Cap' Andrew Wiggens 33 D°
Cor" Peter Wier — 16 D"
144 PROVINCE OF NEW HAMPSHIRE. [172O
And this house is proroged & Adjourned till y^ 23*^ of August
next followinge — Tusedaye —
* 1-255 * Portsmo*'^ N : Hampsh''^ July y^ 22^^
M"" Henry Newman
S"" : The Affaires of this Goverment frequently Requiring the Soli-
catations of some Persons att Court Our Generall Assembly in May
Last made Choice of you to be there Agent for thatt end and as an
Earnest of there respects & for your Encouragement did then vote
you one hundred pounds this Money which presume his Excellency
Governour Shute has heretofore advised you of as alsoe the Lu' Gov^-
ernour —
S'' here has been a Long Dispute between this & the Massachu-
sets Goverment about the Dividing Line and severall Commistioners
have Sundry times been appointed by both to settle itt : butt hitherto
Could never be Affected by them which proves Injourous to many
persons thatt Inhabitt on or Near y^ Line who have been obliged to
pay taxes to boath Goverments wherefore thatt itt may be a finally
end and these greviences Redressed Since the Goverment^ here Cante
doe itt themselves thatt matter is now to be Submitted to his Ma-
jestey in Councill or Lords Commissitoners of trade and Plantations
and in order thereto you have herewith a Commisstion from this Gov-
erment To Impower you our Agent and accordingly you are desired
to Lay y^ affair before them as may be proper so soon as Conveniently
may be and thatt there may be a Right Apprehention of y'^ Matter; you
have herewith a Mapp or Draught which you may Depend is very
Exact & Correct
* 1-256 * The extent of this ProV^ is all the Land between y^
Massachusetts And y'' prov^ of Main our South bounds is
three Mile^ North from y^ mouth of Merrimack River att the Atlan-
tick Ocian or Western Sea and from thence a West Line into the
Main so far as the Massachusetts Extends Our North Line or Bound
is piscataqua River untill itt Come to y^ head of Nichewanack river
and from thence a very few Degrees Westw^ of y^ North up into y^
Main Land as on y*" Southern line which bounds are prick^ out on y^
Mapp and we Conceive agreable to y^ Royall Charter granted to Mas-
sachusetts but y'^ Commissioners of thatt Goverment have always
Insisted on other Lines as are also Marked out on y^ Draught which
if granted to them would Render this prov"^^ a very Little one in-
deed —
Whereas his Majesty has Lately Prohibited aiiy Imposition of
Impost or powder Money on the Marchants Ships Trading here be-
longing to greatt Brittain which formerly Supplyed the Usuall Ex-
1720] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I45
pence of our Castle and the Stock being now very Low you are
Desired to Lay tliatt Matter before y*^ proper board in order to obtain
y*-' Royall bounty therein and you are to be Vigelent in Dilegently
Enquiring into all Comp'"' thatt May be made ag^' this Present Gov-
erment and in pursuing every thing thatt may be promoted ; for y'^
Generall Bennifitt of this plantation Espetially thatt the Lumber from
hence may be imported into Greatt Brittain free of Duty
* And the Bounty Continued on Navall Stores thatt the forg- * 1-2 5 7
ing of L'on here May nott be obstructed butt Encourg'' and
thatt some better Encouragm' may be granted : for raising hemp and
Elax which if pursued this Country might in a Little time furnish the
Crown with a Considerable Supply ; Thatt y^ Surveyor Gener" of y^
XW^ods may be directed to preserve y*= Mast trees after a better man-
ner and nott Suffered to obstruct : his Majesties Subjects from get-
ting Such Timber from thence as is not nor never will be fitt for the
Service of y Crown of which there are multitudes of trees thatt are
rotting on y'' Ground thatt might make good Lumber fitt for y*^ Lon-
don W'estindia Marcketts by y*" Latch of which a Considerable Rev-
ennue arriseth to y*^ Crown We Desire you will accquaint us from
time to time of your proceedings in y'^ Premisses and Salute you with
greatt Respects as a Comitte of this Goverment and are S""
Your very Humble Servants —
* 23 : of Aug^' 1720 Tuesday y^ 23 of August 1720 this * 1-259
house Mett According to Adjour"' & Prorogation Presentt
M'' Speaker Pears M"" Dam Judge : Odiorne
Cap" Wigens Cap" Greno Maj Gilman
Cap" Gilman Cor" Davis Hen Sherburne CI''
M"" Denick Maj. VVier
And this house is Adjourned till to Morow morning Eight a Clock
y^ 24 And this house Mett According to Adjourm" All present as
yesterday & Cap" Tibetts
And this house is Adjourned for two Hours —
And this house Mett According to Adjournment All present as
In y*^ Morning
And this house is Adjourned till To Morow morning Eight a
Clock —
y« 25 And this house Mett According to Adjournment All Present
as yesterday Butt
Vott'' That five Hundred pounds of y® fiftene Hundred Pounds to
be Raised this present year by an Ackt Made In y* year 1716 be
146 PROVINCE OF NEW HAMPSHIRE. [172O
Removed till y^ Next year Ensuing 1721 And that y*^ thousand
pound Raised Do Ly In y^ treasury till orders from this House.
Sent up and not Ccured With all —
And this House Is Adjourned till to Moromorning Nine A Clock —
* 1-260 * 1720 Aug^' y^ 26 : And This House Mett According to Ad-
journment Present
M"" Speaker Pears M"" Dam J^^dg odiorn
Cap" Oilman M"" Denick Maj : Oilman
Cap" Greno Cor^' Davis Hen Shurburne CI"" Ass
Cor^' Wier
y^ Pettion of Will Stills Will Blackston Howard Henderson &
Comp" Reding of y'^ Pettion We have Vott'' that they May Have A
Hearing before y'^ Governer & Counsell provided they pay all former
Charges & that a Comitty May be Chosen out of Both Houses to
form an Ackt accordinglv —
And this house is Adjourned for two hours
And this house Mett According to Adjournment Present as In y®
Morning —
Votf^ That y*" one hafe of y*^ fifteen hundred to be Raised this pres-
ent year by Virtue of an Ackt Made In 1 716 be paid Dec'' Next
and y^ other hafe In Aprill Ensuing and that y^ treasurer Ishu out
his Warrants accordingly —
In Counsel Red & Concured With all — ■
Vott"^ Whear as our House haveing a pettion from M"" Brown &
Company for a town Ship We think Itt to Infrindg on our towns
Especiall on Chesure Whear We have a pettion on file for this two
year Have Sent up y^ petion & a Memorial to y^ Upper House
Which Lays on file In y^ Clarks offis —
Votf^ That Cor" Wier & Cap" Greno be a Committy from this
house to Joyne With y^ upper house to form A Bill to Enabel Wi^^
Stiles & Company of Cochecha point to Bring forward their Ack-
tion of Appeal before y^ Govener & Counsel —
And this Hous is Adjourned til to Morrow morning Eight a Clock —
* 1-261 * August y*^ 27 1720 And this House Mett According to
Adjournment all Present as yesterday —
"Vott^ That His Excelency be presented With one Hundred pounds
to be paid out of y*^ treasury When Brought In to y® trea^ —
Rec'^ Into this House Eleven Bonds from Cor" Packer Viz"
1/20] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I47
Cor" J° Wentworths for ;^200 —
Cor" Rich'' Waklrons for — 200 —
M"" Sa" Penhallows for — 200 —
Cor" Georg Vaghn for — 200 —
M^ George Jeff ers for — 200 —
Cap" Rich'' Gerrish for — 200 —
M"" Theodore Adkisons for — 200 —
AP Nathanel Rogers for — 150 —
Cap" Richard Wibirds for — 50 —
AP Gamblings — for — 100 —
Cor" Luthrick Waltron for 30 —
The above Bonds Is Dellivered Into Cap" Joshua Pearses Speaker of
this House Hands to take care of for y*^ Use of this province —
And this House Is Adjourned for two hours
And this House Mett According to Adjournment
A Message from his Excellencey By M"^ Clark Waldron that this
House do now Attend Him In y*^ Counsel Chamber M'' Speaker
and This House Went up Accordingly And then M"" Clark Waldron
Declared that it is his Excellenceys Pleasure that this General Court
be prorogued to tusday y^ 27 of Sep''"' Next att 10 a Clock In y^
Morning And itt Was accordingly Prorogued
Hen Sherburne Clk. Ass"
* Tusday y^ 27 of Sep''"' this House Mett According to Pro- * 1-262
rogation Present
Cap" Denick Cap" Greno Maj. Gillman
Cap" Gillman Cor" Davis J^^dg odiorn
M' Dam Cor" Wier Hen Sherburne Cle'^ Ass"
27 : 1720 And this Hous is Prorogued by His Ho'' Leftenant Gov-
ener till tusday y^ 8 day of Nov"" Next 1720 —
Cor" Petter Wier toock out his Debenter this Daye being In all 10
dayes —
Cor" Davis toock out his Debenter this Daye being In all 31 dayes
for their Servis In y^ Generall Ass"
Hen Sherburne Cla"^ Ass
Tusday y^ 8 day of Nov"" 1720 And this House Mett According to
Prorogation Present
M"" Speaker Pears Cor" Davis M"" Dame
Maj. Gilman Cap" Gillman Hen Sherburne Clark Ass"
Cor" Wier
148 PROVINCE OF NEW HAMPSHIRE. [1/21
And this House is Prorogued By order of the Lef" Govener & Coun-
sel! till tusdaye y^ 6 of Dec"" Nextt 1720 —
And this House Mett According to Prorogation Present
M"" Speaker Pears Cap" Wigens Major Gillman
Cap" odiorn Sq"" Eastman Hen Sherburne
IVP Dam
* 1-263 * And this House Is Prorogued By order of y^ Left" Gove-
ner And Counsel till y^ 24 of Janu"" Nextt 1 720/1
M"" Speaker Pears took out his Debentur till y^ 6 of Dec*"" 1720 being
thirty three dayes Which Is all that is Due to this time for y® town
of Portch"^
Hen Sherburne tooke out his Debentur till y^ 6 of Dec'' being In all
twenty Six Dayes for Portch"" to D° 26 Dayes as Clarke to y^ Gen-
erall Ass"
Decern'^'' y'^ 27 1720 M"" Ephriam Denick took out His Debenter
from y® 26 day of Sep'' 17 19 till this Daye being thirty one dayes be-
ing all that is Due
1 720/ 1 24 Jan"" The house mett according to Prorogation Present
Speak"" Peirce Joth : Odiorn Esq"" m"" Greenough
The house Prorogu"^ By his Hon'^ L" Gov'' Wentworths order to y^ 21
Mar : next f m-- Rich^ Waldron Cl^ Con"
21 Mar : 1 720/1 The house mett according to Prorogation Present
Speak"" Pierce m"" Greenough
Joth : Odiorn Esq"" m"" Dam
the house Prorogu'^ By order of L" Gov"" Wentworth to aprill 18'^
next ensuing
f Sam" Penhallow \ ^^ ,3
& : Geo : Jaffrye j ^
18 of April 1 72 1 the house met according to progation Present
m"" Speker Pierce Coll : Wiear John Dam
majr : Gellman Cap : Odiorn m"" Eastman
Cap : Gillman Cap : Greenough Eph : Dennet
* 1-264 * 18 ap"" 1721 In y^ house of Representatives
Vof^ y^ Cap' Eph : Denett be Clark of this house til farther
order —
Vot'' that Coll : wier major Gillman and Cap Odiorn be a Comette
from this house to joyn with such as shall be Chosen in y* uper
1/21] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I49
house to auditt the Publick ace" of this Province and y' they make
Return there of to this house
Chosen in y uper house Coll : Hunkins George Jafrey Rich :
Wibird Esqrs for y<^ end above s''
the house is adjourn'' till tomorrow Eight of the Clock
April the 19 the house Mett according to Adjournment being all
Presant as yesterday & Cap Wiggan & Con" Davis
*The house being Informed by a Letter or Memorial from * 1-265
M' Record"" PenHallow y^ there are Severall files in his
office Promiscuously Bound up y^ Belong to other offices and also
Many Papers of Publick and Personall concern in y^ Hands of
Maddam Story & Some Entrys of Deeds &c : in y^ Regester^ office
upon which we are of Opinion y' it is Necessasary for y^ Gen"" As-
sembly to Appoint a Committee to Examine into those Affairs and
Dispose of all Papers into their proper Office
V'of' That m"" Speaker Peirce & Jotham Odiorne Esq"" be of y*"
Committee from this house to Joyn such as May be Chosen of y^
Upper house for y^ Ends abovesaid
19**^ Ap : 1721 Read three Times & Sent up for Concurance
Eph : Dennet Clark
Vot'' y' Coll : Daves and Cap : Tepets and Cap : Wiggins Be forth-
weith sent for to give there attandance in this house and they are
accordingly notified Eph : Dennet Clark
the house is adjourn"^ for an houre an half
the house met according to adjournment all Presant as in the
Morning —
Whereas y^ Act for y*^ Incouragement of Sowing and Curing of
Hemp being Near Expired
Voted That y^ Said Actt be Revived and Continued Three years
after y^ Termination of Said Act —
* Whereas there is Law : oblidgeing Every Town within this * 1-266
Province Consisting of one Hundred ffamilyes to be pro-
vided with a Grammar School : and there being So much Time Given
in the Law : as Six Months before y'^ Penalty of the Law Takes
Effect from year to year Gausses a Great Neglect which is Much to
y^ Damage of Every Such Town
Voted That Each Town and Parish within this Province Consisting
of one Hundred ffamilies be Constantly Provided with a Good
Grammar School and the Selectt men of Each Town for y^ Time
being to be oblidged to procure and Provide S'' Schools and in
Case of their Neglect for y° Space of one Month after y^ Publica-
150 PROVINCE OF NEW HAMPSHIRE. [1/21
tion hereof They Shall Forfiet and Pay y*" Summ of twenty pounds
to be Applyed to Defray y" Prov Charge
Eph : Dennet Clark
19 : April 1721 the house is Adjoured to friday next at nine a Clock
21 : April the house Mett according to Adjourment Present
M"" Speaker Cap : Tepets Eph : Dennet
Cap : Odiorn Cap : Weigin major : Gillman
Cap : Greenough M"" Estman Cap : Gillman
Coll : Daves M-" Dam Coll : Wier
this house is Adjourned for tow hours
the house Mett all Preseant as in the morning
Vof^ that Major Gillman and Cap : Odiorn be a Comitee from this
house to joyn weith Sam'^ Penhallow and Tho : westbrook Esq""^ of
y^ uper house to Draw up the above s*^ Act Releting to the Scholl
* April 21-172 1 Vof^ that an Act be Passt to Prevent the * 1-267
illegal Trade weith Cape Bretton and that a Comitte be
Chosen to Draw up a Bill accordingly — and that Cap : Wigen and
M"" Dam be a Comittee to joyn weith such as shall be Chosen in
the uper house for that end — Eph : Dennet Clark —
In Coun" Vof^ Concurrance
and that : Geo : Jaffry & Tho Packer Esq""^ be of the Comitte from
the uper house to joyn weith those chosen in the house of Represen-
tatives for that end Rich : Waldron Cle : Coun'
the house is Adjouned to morrow Eight clock
22 : April the house mett according to Adjourment all Presant as
yesterday
Where as it appears to this house that it is highly necessary that
there be one or more Gen^' officers Chosen for Surveying land weithin
this Province
Vot^ that his Excellency & y*^ Hon'"'^'^ Board be Desired to joyn
with y*^ Representatives in Chosing a Comitee of both houses to
forme a Bill for Regulating y' affaire & that the High ways in y^
severl towns w"'in this Province may be Repaird by labor under y^
Direction of Surveyors as formerly
Vof^ that an act be made against Cards an Dice and all other Gam-
ing in any Publickt house weithin this Province or any of the
Dependencyes thereof Eph : Dennet Clr : Ass
Read In Counccll and Concured weith
Vot^ that major Gillman & Cap : Odiorn be a Comitee from this
I721] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I5I
house to joyn weith Such Genth-nen as are chosen in y^ uper house
for that end
*22 April In y*^ house of Rcpresentives * 1-268
\^)tctl That majr Gihman & Cap : Odiorn be a Comitee to
jovn wcith Sam" penhallovv and Tho : Westbrook Esqrs : to form a
Bill for : y"-' Regulating highways in the severl towns in this Prov-
ince and that they be Repared by Labor by the Direction of the
Surveyors as formerly and that there be one or more Chosen as a
Generall officer for surveying Land weithin this Province the
house is adjouned to Monday Eight of the Clock being the 24 of
April
24 ap'' 1 72 1 The house mett according to adjournm" Present
m' Speak' m"" Odiorn Cap Gillman
Cap : Wiggin m'' Dam Coll : wier
Cap : Tepets m"" Dennett Coll Davis
Cap : Greenough maj'' Gillman
* Vof^ That an addition be made Unto y^ Act of Criminal * 1-269
offenders to Prevvent Riuts for the Better preserveing of
the peace within this Province Rich : Walldron Cler : Con^
April 22"^: 1721 In the house of Representatives Red and Concured
weith
Vot^ that Maj"" Gillman & Cap : Odiorn be a Comitee from this
house to joyne such as may be chosen by the uper house for y^
end above s"^
The Petition of Joseph Chesley of Oyster River being Red in y^
house & Consider'^
Order^ y^ y^ Petition"" be paid twenty Pound^ out of y® Treasury
Provid'^ he give a discharge to y*^ Province of any farther Claime or
Demand on ace" of any matter or thing Contain^ in s^ Petition
non Concured with In Concill
Whereas there is a Law in this Province which Oblidgeth all
horses and Horss kind to be Kept in ffetters from y'= Last of March
to y*" Last of Octo"" which Giveth a Liberty of five Months for those
Horses to Brake over ffences and Tread and Spoil our Meadows
Much : to y^ Dammage of Many People
\'oted : That if any Horss or Horss Kind be found at any Time
Going at Large with out a Sufficient Pair of ffetters that they shal
be pounded and that the Owners Shall Pay y*" Penalty of the Law
Provided in y*^ former Act —
Maj"" Gillman & Cap : Odiorne be a Committee ffrom this House
152 PROVINXE OF NEW HAMPSHIRE. [l/^I
to Join with Such as Shall be Chosen in the uper House for that
End
the house is adjorned for tow houers
* 1-270 *The house met according to Adjournment all presant as
in the Morning
april 24: 1 72 1 The Petition of John Shurburn of new Casele
being Read and Considred in this house
Vot^ that the Prayer of the petition be granted
The Petition of Thos Palmer Esqr : of Boston being Read and
Considered
Vot'' that the Prayer of the Petition be Granted
the house is adjourned till Morrow morning Eight a Clock
April 25 the house met according to adjournment all Preseant as
yesterday and m"" Eastman
memorandom : that one thousand pound be payd In to the Treasury
this presant year
Vot^ that our solgdiers att the Eastward be Brought home & if
there be ocasion that they be improv'' in the frontiers of our own
Province Eph Dennet : Clr : Ass
25 April 1 72 1 In Councel Concured weith
Rich Waldorn
Where of there is tow of our Province men viz : Jacah Green and
Edward West in Nubery Gool for not Paying there rates to Salsbury
town in the Province of Massachusets and have been there for neer
this Eight weeks Pray that they may have Spedy Redres
the house is Adjourned for too hours
the house met according to adjournment all presant as in the
morning
* 1-271 * 25 April 1721 The titils of Sundry Acts viz :
an act for y^ Better Regulating High Ways
an act for Punishing Criminal Offenders and for the further Pre-
venting Riots
An Act an additional act to Prevent damages by horses —
An Act against carrying on an Illegal trade weith the frrench at
Cape Breton
In y'^ House of Representatives
Voted That y'^ Powder belonging to y^ ffort : which is under y*^ Care
of M"" Treasurer Penhawlow be Removed into y^ Powderhouse in
y"^ ffort under y^ Care of y*^ Commander for y-' Time being
Ap : 25'"^ 1 72 1 Ephraim Dennet Clerk Ass"'
I721] JOURNAL OF THE IIOI'ST-: Ol- KK1'KP:SENTATI VES. I 53
In Council nonconcur vveith
Vot'' that his Excelency be presented weith one hundred pound out
of the PubHck Treusoruy
Vof' that mr Speaker Pierce Cap Odiorn and Eph : Dennet be a
Comitee from this house to joyne weith Coll : Hunkin and Coll
Waltton of y*-' uper house to tell over the Intrest money of the
fifteen Thousand (15000) pounds in order to be Burnt
*25 April Vot'' that his Excelency be Deisired to pass an * 1-272
act that the Representa'' of this Province be Desolved once
in three years
25 April 1 72 1 the house is Proroged to the fifteenth day of May
Next
15 May 1 72 1 the house met according to Progation Present
mr : Spaker Cap : Greenough m"" Eastman
Eph : Dennet Majr Gillman Cap : Tebett
Cap : Odiorn Cap : Gillman m"" Dam
Coll : Davis
the house is adjourned till to Morrow Eight a clock
Con" Ware Present y"
16 : May the house met according to adjourment all presant as yes-
terday : and Cap : Wigin
Voted that Cap : Greenough be Clark of this house till further order
17 The Lieuet"^ Governours Speech
Gentlemen
17'*^ Governours Shutes Affairs of his other Goverm* oblidged him
to Leave us before the Business of this prov was finished which
ocasions my now Seeing you and I Dout Not but you are all Mett
with Dispositions for Passing through y^ Nesscessary business of y*
Goverment for y^ P^ffecting of which My best Endeavours Shal not
be wanting and I Shall promote Every thing that may tend to his
Maj"^ Interest and y'^ Welfaire of this Goverm' —
I Recomend to your Consideration the State of his Maj^^'^ Fort Wil-
liam and Mary and your Care must be Not Only to Raise niony for
y"= Repairing that fortification but also for y'^ Putting it into a Better
Posture of Defence You all well Know that Every Wise Goverm,
prepares for war in a Time of peace. I am Very Sensible that the
Circumstances of our Present Affaires will not Admitt
of Great things yet we may Do * Some thing Anually So * 1-273
that in a few Years we may have a Very Defenceable Forti-
fication I hope what Little was Done Towards it the Last year wil
u
154 PROVINCE OF NEW HAMPSHIRE. [l/^I
be to your Satisfaction and you may Depend what mony Shal be
Raised hereafter for that Service Shal be faithfully Applyed — It
has Been y*^ LawDable Charactor of this Goverment. and what has
been our Practice once a year or Oftner to Address our Prince on
the Throne I Know his Excellency Intended to have Moved it when
here but Going away in a Hurry I Suppose it Slipt his Memory So
that I think it a Propper Season Now to Shew our Dutifull Obedi-
ence to his Majesty King George whom God Long Continue to y^
Brittish Nation : you will also have an Oppertunity to Shew your
Respect to his Exelency Our Governor Thankfully Acknowledging
his Majesties flavour in Continuing as Governour to us So Just to his
Maj^'^ Interest, and v/illing to promote the Best Interest of this
People I am of opinion that the Keeping our Port Open is a Disad-
vantage to y^ Goverm' So hope you will take it under your Consider-
ation Jn° Wentworth.
In y*^ House of Representitives
Ordered y* y*^ Town of Hampton be forthwith Notified to Send two
Representitives into y*^ House to Serve his Maj^'^ in Generall
Assembly. Dan'^ Greenough Clerk : Ass —
The House is Adjourn^ till two a Clock —
Accordingly y® House Mett (Allso : Coll : Weare)
The House is Adjournd till Tomorrow, Nine a Clock Excepting y^
Committee Appointed for perticular business
May iS*'^ y^ House Mett according to Adjourm* Viz
M"" Speaker Con" Davis M-" Dennett
Maj" Gillman Cap: Greenough Cap: Wiggans
Cap : Gillman Cap : Odiorne Con" Wire
M'' Eastman Cap : Tippetts Cap : Sherborne
M"- Dam
* 1-274 *May 18^'^ The ffollowing Setts of y^ Bank Mony was
Burnt This Day in Pressence of y^ Generall Assembly viz :
59: 4^ Bills £2^6: 0:0
56 : l£ 10' Bills
144: 307 Bills
52 : 15^ Bills
94: 15V Bills
95 : 4^/6<i Bills
43 : 1^6^^ Bills
27 : iV Bills
Sundry Broken Bills
Amo' of y'^ Whole — 780 : 0:9
The House is Adjournd till two aClock
196 :
0:
216:
0:
2 :
0:
70:
10:
21 :
7:
6
3:
4:
6
I :
7:
33:
6:
9
I721] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 1 55
The House Mett According to Adjornme' & all Present as in y^
Morning
More Burnt y^ Same Day Viz :
2 707 Bills ^'7-0-0
4:80^ Bills 16 : o : o
3 : 30/ Bills 4 : lo : o
4 : 157 Bills-- 3 : 0:0
30 : 10 : o
Amo' of y*^ Whole 810: 10: 9
* In y^ House of Representitives * 1-275
Voted That M"" Treassurer Penhallow be Impowercd to
Recover and Receive the Interest of y*^ Publick Mony of y'' Prov :
Lett out att Six l^cen' to y® Severall Gent" under Written — Viz :
Lieutn* Governour Wentworth for ;£^200 —
Con" Waldron D° 200 —
M"" Treassurer Penhallow D° 200 —
Coll : Geo : Vaughan D" 200 —
Geo : Jaffry Esq"" D° 200 —
Cap : Rich'' Gearish D'' 200 —
Theo : Atkinson Esq"" D° 200 —
M"" Nathan" Rogers for 1 50 —
Cap : Rich'' Wiberd for 50 —
M' Benj Gambling for 100 —
Con" Shad : Walton for 30 —
and that y^ Said M"" Penhallow be accountable for y^ Same and he is
hereby Authorized and Impowerd for y^ Ends above Said
18*'' May 1 72 1 Daniel Greenough CI : Ass
Read in Councell & Concurred
Voted y' a Com*" of both houses be Chosen to Consider of Making
More Bills of Creddit whether it may be Expedient and if So on
what foott and how Much and that they Make Report According-
ly — The Persons Chosen for y^ End afores'' are Viz : Cap :
Sherbourn Maj"" Gillman and Cap : Peirce to Join Such as may be
Chosen of y^ upper house
18''' may 1721 Sent up for Concurance
The House is Adjournd till nine a Clock to Morrow Morning
* May 19''' 1 72 1 The House Mett according to Adjornm* * 2-276
Viz:
M"" Speaker Cap : Gillman Cap : Tippetts
Cap : Sherbouri? Eph : Dennett M"" Eastman
Cap : Wiggan Con" Davis Con" Ware
Maj"" Gillman Cap : Odiorne Dan" Greenough
M^ Damm
156 PROVINCE OF NEW HAMPSHIRE. [l?^!
Voted That Coll : Walton be Rcturnd Thanks for his Agency and
Good Service Done to this Pro : at y*^ Eastward and that he be
Presented with Ten pounds to be paid him out of y*" Publick
Treassury —
Voted y^ a Commtee of one Member out of Each house be
Appointed to Survey the Stores of Powder Belonging to his Maj**
ffort William and Mary and that y® Same be Removed into y^
Powder house within y*" S'^ ffort under y*^ Care of y^ Cap : for y^
Time being Cap : Odiorne is apointed for y^ Com^^"^ above S'^ and
they are to Make Report of y'' Quantity of y*" Stock to this house
The House is Adjournd for an hour & Half —
and y*^ house Mett according to Adjournm' all present as in y^
Morning
The Petition of Eliz : Sloper hath Been Considered & Determind
to be heard this Day —
The House is Adjournd to to Morrow Eight a Clock
19'^ The House Mett According to Adjournmen" Present
M"" Speeker M"" Damm Cap : Wiggan
Maj"" Gillman Dan" Greenough Cap : Tippetts
Coll : Ware M'' Dennett Cap : Odiorne
Coll Davis M"" Eastman Cap : Sherbourne
Cap : Gillman
* 1-277 * Hampton May 17''' 1721
M' Greenough S""
We Rec'^ y'^ Order of Assembly and in Obedience to Said order we
Gave Notice to y'^ ffreeholders in S^ Town to Meet this Day att
three of y^ Clock after noon and Accordingly they Did Meet and y^
Order of Assembly was Read to them and the Constable Desired
them to bring in their Votes but the Brought none in —
S"" I am y""^ to Serve
Jabez Smith in Behalf of y^ Select men
y*^ answer of Hampton Rec'^ 18^^ May 1721
In y*^ House of Representitives
Ordered That y*" Treassurer Receive The Powder of y'^ Severall
Vessells Trading in this Province according to y*^ Actt y' Provides
for y® Same
19'^ May 1 72 1
In y^ House of Representatives
Voted y* Cap : Andrew Wiggan Join with the Committee Chosen
yesterday to Consider of y^ Expediency of Making More Bills of
I721] JOURNAL OK THE HOUSE OF REPRESENTATIVES. 157
Creditt and Pra)- that they May Proceed as Soon as May be on y*
Affair
The House is Adjournd for two Hours —
The House Mett according to Adjournm* all Present as in y*
Morning —
Mem° M"" Jn" Damm Took out his Debentor from y*" 30''' March
1720 untill y*" 19 May 1721
* In y'^ House of Representitives * 1-278
Voted y' y*" Treasurer for y^ Time being is Authorized and
Impowered to Recover and Receive from John & Joseph Mead
thirteen pounds and five Shillings Anually for y'^ Space of fiveteen
Years which is Due from S'' Meads as Appears by a Certain In-
strum* under there hands and Seals as on file
19 May 1 72 1 Dan" Greenough Clerk Ass
The house is Adjourned till tomorrow Eight a Clock
May 20"' and this house Mett according to Adjournment Pressent
M"" Speak'' Peirce M"" Eastman Cap : Gillman
Con" Wire — Greenough Cap : Odiorne
Con" Davis Cap : Wiggan Epha"" Denett
M' Damm Maj"" Gillman Cap Sherbourn
The house is Adjourned to y^ Second Tuseday in July Insuing.
Mav ?o'" 1 72 1 The following Debentors were Taken out Viz
Maj*" Jn" Gillman 32 Days
Cap : Jn° Gillman 29 Days
Cap : Wiggan — 26 Days
1 72 1 July 11'^ and according to Adjournm* y^ House Mett Present
M"' Speaker Peirce Cap : Gillman Cap : Wiggan
Major Gillman Cap : Odiorne Dan" Greenough
Cap : Sherbourne M"" Damm
* By y^ Lords justices — Parker — Townsend — New Castle * 1-279
Devonsh"" — Craggs —
Addititionall Instructions to Sam" Shute Esq"" His Majest^ Cap :
Generall and Governour in Chief of his Majes*^ Province of New
Hampsh"" in New England in America or to y^ Commander in Cheif
of his Majest' Province of New Hampsh"" for y^ Time being Given at
White Hall y^ Twenty Seventh Day of Septem"" 1720 in y^ Seventh
year of his Majs* Reign
Whereas Actts have Been Passed in Some of his Majestes Planta-
tions in America for Striking Bills of Creditt and Isuing out y^ Same
158 PROVINCE OF NEW HAMPSHIRE. [l/^I
in lieu of Mony in order to Discliarge their Publick Debts and for
other Purposes from whence Severall Inconveniences have Arose it
is therefore his Majesf"^ Will and Pleassure that for y^ future you Do
not Give your Assent to or Pass any Actt in His Majest" Province of
New Hampsh"" Under your Government whereby Bills of Credit ]\Iay
be Struck or Isued in Lieu of Mony or for Payment of Mony Either
to you y^ Governour or to y^ Commander in Cheif or to Any of y®
Members of his Majesties Councill or of y*' Assembly of y^ Said Prov-
ince of New Hampsh"" or to any other Person whatsoever without a
Clause be Inserted in Such Actt Declaring y' y^ Same Shall not take
Effect untill y^ S'' Actt shall have Been Approved and Confirmed
by his Majesty Excepting Actts for Raising and Settling a Publick
Revenue for Defraying y® Necesesary Charge of y^ Government of
y^ S'^ Province of N : Hampshire According to y^ Instructions 7\1-
ready Given you : by there Excelencies Command
Charles Delafay
* 1-280 * The House is Adjourned for two Hours
The House Mett According to Adjournm^ and all Present
as in y^ Morning Likewise Con" Davis Con" Weare M"" Dennett
The Petition of Israel Ciiford was Read in this House and y^
Prayer of y^ Petition Denied
A Petition of Docf Pike Was Read in this House and Con-
sidered —
Voted y^ Docf Pike be Allowed and Paid four pounds out of y^
Treasury of Such Speacia as Shal be ordered for Defraying y®
Growing Charge of y'^ Province for y^ year 1722
A Petition of Docf Allin was Preffered to this House and Read
and Dismist
The House is Adjournd till tomorrow Morning Eight a Clock
12* And y^ House Mett According to Adjournm^ Present
M*" Speaker Peirce M"^ Eastman Cap : Wiggan
M"" Dennett Major Gilman Cap : Sherbourne
M"" Damm Cap : Gilman Con" Weare
Greenough Cap Odiorne Con" Davis
* 1-28 1 * In y^ House of Representitives
Voted : That M"" Speaker Peirce Cap : Sherbourne Maj""
Gillman & Cap : Wiggan be a Commitee To Join Such as may be
Chosen in y^ uper House To fform an Actt for y" Printing of a
Summ of Bills of Credit on a Good foundation To be Sent Home
for y* Royall Approbation
I721] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I 59
Sent up for Concurance & Concurcl.
The House is Adjourned for two Hours
The House IMett according to Adjournm' & all Pressent as in y^
Morning
Voted in house of Represente that there be an Act of Excise
Impost and Export viz' That all Rum imported from all parts Ex-
cept from )"-' place of its groth shall pay twenty shillings per hogg*^
And so Pro : Rat for Leser Ouanteys that all wine Except from y^
Place of its groth : viz' : madera wine Twenty shillings per Pipe
fayall & Georges and Canarey fifteen shill : per Pipe and so Pro :
Rat for Leser Ounteys that all Inholders pay 6^ "^ gall for Rum
& wine & 10 "^ bar" for sider and Retailirs Pay the Excise of 2^
per gallon on Rum and 2"^ per gallon on wine and i* per Barrel for
sider all which to be payd in Province Bills of Credet or Winter
Marchantable ifish at y^ Price as it Shall beare in y^ Months of
June Anually to a Receiver appointed for that Purpose That all
Lumber Exported from this Port Shall Pay 2/ "^ m Except what
is Exported to Europe or y^ West Indies which Shal be Paid in
Province Bills of Credit or Mercht*^' boards at y^ Currant mony
Price at New Casstle to a Receiver appointed for that Purpose
Mem" The above Vote Noconcurr'^
* July 13''' The House Mett According to Adjournm' * 1-282
Present
M*" Speaker Peirce M"" Damm Ephraim Dennett
Con" Davis M"" Eastman Cap : Odiorne
Con" Weare Maj'' Oilman Cap : Sherbourne
Cap : Wiggan Cap : Oilman Oreenough
Voted y' Jonathan Wiggans Shal have y^ fery at Stretham on y*"
South Side of Exetor River over against Cap : Rich^ Hiltons house
and the Improvem' thereof for y^ Space of twenty nine years and
Half from y^ Date hereof he finding and Providing a Sufficient
Boat and Cannoo for Transportation of Travelers Taking for Each
horss and Rider Sixpence and no More and for Each Single Person
two pence and no More Provided y' y^ S'^ Wiggan Allow to all
Travelers Sufficient way or Passage from y^ King's Road Down to
y^ fferry as y^ ways now Oo : he having y^ Liberty of Hanging
Oates where Needfull in S'^ ways he always Keeping his Bridge
and Cosway in Repair at his own Cost and Charge and to have
Liberty to Sell Beer and Cyder free of Excise and to Oive Due
Attendance on y^ Penalty Provided by y^ Law in y*^ Like Casses
l60 PROVINCE OF NEW HAMPSHIRE. [^721
and that S"^ Penalty Shal not be in force against S^ Wiggans untill
y^ 25* Day of March Next after y^ Date hereof
Sent up for Concurance & Concurd withall
Voted y' Coll : Davis Cap : Wiggan Cap Sherbourne And Cap :
Odiorne be a Committee to Consider of an Excise and am Ipost
and Export and to Make Report to this House as Soon as May be
* 1-283 * The House is Adjourn'^ for an hour and half —
The House Met According to Adjournm' and all Present
as in y*^ Morning
Whereas y'^ Title of y'^ Act Past in Gen' Sessions of y'' Prov : in
Ap : Last Relating to Riot and Riotous Assemblyes has Ocasioned
Great Discourse and Many Reflections —
It is the Desire of the house of Representitives y' S'' Act be not
Printed
Sent up for Concurance & Concurd
The house is Adjourn'' till Eight a Clock to-morrow Morning
14''* The House Met According to Adjourn' Present
M'' Speaker Peirce Cap : Odiorne Coll : Davis
Cap : Gilman M"" Eastman Greenough
Cap : Wiggan Ephraim Dennet Maj'' Gilman
Cap : Sherbourne M"' Dam
Voted I : That there be an Actt of Excise Impost & Export Viz* —
2diy yt all Rumm Imported from y* Plase of its Growth Shal Pay
107 W Hh^ and So prorato for Lesser or Greater Quantities —
3*^ y' all Rum Imported from any place but y^ Place of its Growth
Shal Pay 20 7 W hh'^ and So prorato for Lesser or Greater Quan-
tities
4 : y* Cannary and Madara Wine Shall pay 20^ ^ Pipe y' is Im-
ported from any place but y^ Place of Growth and So prorato
5 y* Canary and Madara Wine Imported from y* place of Growth
Shal pay 10/ "^ pipe & So prorato —
* 1-284 * 6 y' ffiall and S' Georges wine Shall Pay 15V ^ pipe That
is Imported from any Place but y^ place of Growth & So
prorato —
7 y' all ffiall and S*^ Georges wine Shal Pay 8/ '^ pipe Importd
from y^ Place of Growth &c
8 y* all Taverners and Inholders pay 8'' '^ Gall : for Rumm and
Wine & al Spirits and 1^/6^ "^ Bar" for Cyder Excise
9 y' all Retailers Pay 2'' '^ Gall : on Rum and wine which Shal
be paid in Province Bills of Cr : or Mercht'''* Winter fish at y® Price
!72l] JOURNAL OF THE HOUSE OF REPRESENTATIVES. l6l
as it Shal bear in y^ Month of June Aniialy to a Receiver
Apointed for that Purpose
10 y' all Boards Ivxported from this Port Shal pay 2^ ^ m/ Ex-
cept what is ICxportcd for Europe or y" West Indies which Shal be
paid in pro : Bills of Cr : or Merch'"^' Boards at y'^ Currant price to
a Receiver Appointed for that purpose
1 1 y' y" Duties and Excise be paid in Speacics or Prov : Bills of
Cr:
12 y' all Taverners Inhoklers and Retailers shal be under Oath 4
Times in a year to y"^ Quantity of Liquor they Draw and that all
masters of Sloops Shal be under oath Likewise to what Liquor
they Bring into this province
13 That all Merch"'^ i^sh Exported from this Province Except
what Shal be Exported to P'oreign Parts Shal Pay 12^^ ^ Quintal
to be p^ in Pro : Bills of Cr. or Speacia —
14 y* all Taverners and Retailers be allowed 1/5 part for wastage
Voted y' all Pedlers and Incomers y' Shal Trade in this Province of
New-Hampsh'' Shal Pay 2| '§ Sent — for all their Trade as they
shal Give in upon Oath
Voted y' Coll Davis Maj"^ Oilman and Cap Odiorne be a Com'^ to
Join Such as may be Chose in y*^ uper house to form a Bill accord-
ing to y*^ Preceeding Vote
* y*^ Vote on y'^ other Side Sent up for Concurance & Con- * 1-285
Curr^ IVP Penhallow M' Wibird M-" Geo : Jafry a Commtee
from y^ uper house
the House is Adjournd for an Hour & half
The House mett according to adjournm' and all Present as in y^
Morning
Whereas there was an Act Past in y'^ year 1716 for one Thousand
Pounds Bills of Cr : to be Paid into y^ Treasury in y*^ year 1721 and
Considering y^ Dificulty of Making Payments Through y^ Scarcity of
mony and hoping y' y^ Excise &c with what Stock is in y*^ Treasury
may be Sufficient to Defray y^ Pro : charge for this Present year
Voted y' y'-' S"^ Thousand Pound be Removed to y^ year 1728 ; Sent
up for Concurrance and Lyes under. Consideration
P'or as Much as there is Several Tippling houses in this Province
y' Privately Sell Strong Drink without Licence and are So Very
Private in it is hard to Make Proof of y^ Same —
Voted y' Every Justice of y^ peace within this Province be Impow-
ered to Summon all Such Psons as they shall have Information off
y' Do at any Time Drink Strong Drink in any of those houses and
l62 PROVINCE OF NEW HAMPSHIRE. [l?^!
Put them to there Oaths whether they Pay for it Either Directly
or Indirectly — and upon Refusall to take Such Oath to be Sent
to His Maj^'* Goal there to Remain untill they take Such Oath as
afores^ and Every Person So Selling being Convicted pay a fine of
five pounds to be Collected & Disposed as y^ Law prvides in
* 1-286 y'^ Like Cases * and y' all Licenced houses within this
Province Shall Constantly be provided with Beer or Cyder
for y^ Refreshment of Travelers under Penalty of paying ten Shil-
ling for every Defect So Often as they Shall be found two Days
without it and that there be an Act Drawn up Accordingly —
Maj'' Gillman Con'^ Davis & Cap : Odiorne be a Committee to Join
Such as May be Chose in y^ uper house to form S'^ act
Sent up for Concurance & Concurd with
The House is Adjournd till Seven a Clock to Morrow Morning
15"^ According to Adjournm^ y^ house mett Present
M"" Speak"" Peirce Cap : Odiorne M"" Damm
Coll : Davis Cap : Sherbourne Greenough
Cap : Gilman Cap : Wiggan Cap : Dennett
Maj"" Gilman M*" Eastman
15'^ July 1 72 1 Burnt of y*^ Bank Mony in y*^ face of y^ Gen"^ Assem-
bly— ^234: 5 : 6
Voted y' y"" be a Receiver of y^ Boards Mentioned in y^ Act at
Dover and Exeter
Sent up for Concurance & Concurd with
* 1-287 * Cap : Odiorne & Greenough Enter their Decent against
y*^ Duty of fish as in y*^ Act
Voted y^ his Honour y*^ Lieu^ Gov"" Shall be Presented with a hun
dred pounds to be p*^ him out of Excise in Specea —
the house is Adjournd to thirdsday y^ 20^*" of this Instant July
1 72 1 July 20 The House Met Acording to adjourm' Present
M"" Speak"" Peirce Con'' Davis Cap : Wiggan
Maj'' Gillman Cap : Sherbourne Greenough
Cap : Odiorne M"" Eastman M"" Damm
Cap : Gilman
The House is Adjourn'' for two Hours
The House Mett According to Adjournm^ all Present as in y®
Morning
* 1-288 * 1721 M"" Treasu"" Penhallow^ ace" Allow''
by y*" Comitte of Audit brought in & Setel^
to y^ day 15 July 1721 D"" to y^ Province tax on y^
Several Towns in y*^ year 1720 amounting to ^1600 : o : o
I721] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 163
to y^ Interest of y^ Money Due "^ Bond from Sund''
Gent" w'-'^ Bond* terminates 27 Ocf annually —
to The interest of Jn" & Joseph Mead* Bond y'^ first
payment Due y'' Second tuesday of may 13/5/0 '^
annum — 13:5:0
*i72ii5july Con^ Crd * 1-289
By y^ Ballance of y'' acc^' allow*' this day - ^758 : 5 : i
* Province / 19 ap : 1721 att a Meeting of y*" Com- *i-290
N : Hampsh"" \ mittee for Auditing Prov : The following
aco^* Allowed Viz : —
i'>' Aco" Satisfaction made for y^ Death of y*^ Indian
Supposed to be hermach Murdered in y® Prov : and
y^ Lieu* Gover* &c : Going Eastward to Make y^
Present £91 : 14 : 5
2 Muster Role Sign'' ~^ Cap : Moody Souldiers at y*^
Eastward Under his Command — 203 : 7:3
3 The Treasures aco" Provisions &c for y^ Souldiers 245 : 2:5
4 y Treasurers Perticulars Aco* of Sundry Disbursm*' 186 : 8:7
5 Disburstm** on y^ Prison 56 : 18:0
6 M' Clark Waldrons Aco* 58 : 0:0
7 Docf Rob* Pike for Administrations on William
White a Soldier Referr'' To y^ Gen"" Assembly
8 Con'' Weare as ^ his Aco* 3:0:0
9 M"" Thom* Dean o : 6:6
10 Rob* Coats for Lighthouse & other work at y^ ffort 14 : 10:7
1 1 D" for Masons work att y^ ffort & — 12:5:0
12 Geo : Peirce for Iron work at y^ Prison 13 : 0:0
13 Rich'' Perry Gunsmith for Mending Arms i : 0:0
14 Rob : Coats for Trouble about y"^ Lighthouse
Refferd
885 : 12 :9
The foregoing aco* Allowed By us —
M'' Hunking Rich'' Wiberd Jotham Odiorne
Geo : Jaffry Jn" Gillman Peter Weare
15 July 1 72 1 In y^ House of Representitivs
The above is Excepted and —
Voted y* y* Several Summs Anexed to y^ Several names in y®
within aco* be allowed to be paid as also 20/ Rob* Coats for his
Trouble abo* y*^ Lighthouse j£i : 0-0
and to Docf Pike for will'" White Phicc'n 4:0:0
Sent up for Concurance & Concurd —
164 PROVINCE OF NEW HAMPSHIRE. [l/^I
* 1-291 * The following Debenters were Taken out this 20* Day
of July 1 72 1
Maj"' Jn° Oilman from y'^ 28'"" may 1720 to y^ 20'^ July 1721 being
in all — 42 Days —
Cap : Jn° Oilman from D° to y^ 20^^" July 1721 being in all 39 Days
Cap : Andrew Wiggan from y*" 28''' may 1720 to y^ 20*^ July 1721
M"" Sam" Eastman from y^ Last Autumn 24 Days being all that
was Due
and the House is Prorouged till Sep : 14"' : 1721
Mem 18"* Aug: 1721 Cap: Odiorne Took out his Debentor for
fourty two Days being all y* was Due —
14 Sep' 1 72 1 The House Mett according to prorogation Present
M"" Speak*^ Peirce Cap : Odiorne Greenough
Cap : Sherbourne Cap : Dennett M"" Dam
and Adjourned ^ M"" Clerk Waldrond to 3^ of octob"" Next —
octob"" 3^^ 1 72 1 The House Mett According to prorogation Pressent
M'' Speake'' Peirce Cap : Sam" Tippetts Cap : Odiorne
Cap : Sherburne M"" Damm Oreenough —
Cap : Andrew Wiggan Collonal Weare
The House is Adjourn"^ for two hours
* 1-292 * Octo : 3^^ and y*" House Mett According to Adjournm'
All Present as in y^ Morning & Maj"" Oillman, Cap : Gillman,
M-- Dennett, M-" Eastman, Coll : Davis
And this House is Adjourn'^ till Tomorrow nine of y^ Clock
4"' According to Adjournm' y^ House Mett Pressent
M"" Speak'' Peirce Cap : Sherbourne Greenough
Maj"" Oillman Lieu* Dennet Cap : Gillman
Con" Weare M"" Damm M"" Eastman
Cap : Wiggan Cap : Odiorne Coll : Davis
Cap : Tippett
In y^ house of Representitives
Voted That y^ Treassurer be Desired to Lay y^ State of y^ Province
before this house Relating to y" Mony in y® Treassury —
Voted M*" Speak"" Peirce Coll. Weare and Cap : Wiggan be a Comm-
tee to form an Answer to His Honours Speech
and y* House is Adjournd for two Hours
According to Adjournment The House Mett all Present as in y^
Morning —
I731] JOUKXAL OF THE HOUSE OF REPRESENTATIVES. l6$
* In Answer to his Honnours Speech * I--93
The House of Representitives are Concern'^ for his Excel-
lencies Misfortune that they Cant have his Company here this Ses-
sions according to Expectation —
We Presum"* y' at our Last Sessions we had Taken Nessasary Care
for y^ Support of y® Government for y^ Present year as far as we had
any Vein of y^ Growing Charges having then Upward of Eight hun-
dred pounds & upwards in y'^ Treasury and a Prospect of as much
more by the Impost &c.
It appears to this house a Great Grievance that So many men
Should be Drawn out of this province to Support y^ Eastern ffron-
teers whereas our own Province is Exposed in our fronteers as much
as theirs
and we pray his Excellency may be Desired to Return our men
home for y' we are humbly of opinion y' we are neither able nor
oblidged to Support our men there So with Great Respect we are y""
Hon"""^ Serv'^
* This House is Adjourn'' till tomorrow Morning Eight of * 1-294
y^ Clock
5th ye House met According to Adjournment Present
M"" Speak"" Peirce Cap : Odiorne Con'' Davis
Maj"" Gilman M'' Dennett Con" Weare
Cap : Gilman M"" Damm Cap : Sherbourne
Cap : Tippetts M"" Eastman Greenough
Cap : Wiggan
1 72 1 Constable Longfellow of Hampton being Obstructed in y^
Collecting his Rates Near y*^ Line in Controvercy there being 28^
12Y behind —
Voted That y^ S'' Constable Longfellow be allowed y^ above S"* 28jC
12^/ out of y^ Treasury and y' y^ S'' Sum be Levied on y*^ Town of
hampton in their Next Province Tax :
Whereas y' was a Vote Sent up y^ 14'*^ of July Last at our Session
Relating to y® Removall of y^ ;i^iooo to y^ year 1728 which was to
have been Paid into y^ Treassury the present year —
It is y^ Desire of y^ House of Representitives that y^ S"* Vote be
Revived and Concurrd with
Read in y*^ house three Times and Sent up : for Concurance
This House is adjourn'' for two Hours
* According to Adjournment y^ House Mett all Present as * 1-295
in y= Morning —
l66 PROVINCE OF XEAV HAMPSHIRE. [l/^I
The Petition of Peter Greely Being Read and Considered — and
y"" Prayer of y^ Petition is Granted —
The House is Adjoumd till tomorrow Xine a clock
6 The house mett According to Adjournm' Present
]M'' Speak"" Coll : Davis Cap : Wiggan
Maj'' Oilman ^V Eastman Cap : Odiorne
Cap : Oilman ]\P Dennett M"" Damm
Cap : Sherbourne Cap : Tippetts Oreenough
Coll : Weare
Octo : 6^^ 1/21 Con'-^ Peter Weare Took out his Debentor for what
was Due being twenty Seven Days
6''' Octob"" 1 72 1 Cap : Sam'^ Teppetts Took out his Debentor for
Ninteen Days being what was Due
The house is Adjourn'^ for an hour and half —
The house INIet according to adjoumm' all Present as in y^
Morning —
The House is Adjourn'^ till tomorow Eight of y* Clock
7* According to Adjourn^ y^ house Mett Present
M' Speaker Feirce Cap : Wiggan INP Damm
•Maj'^ Oilman Cap : Odiorne Cap : Sherbourne
Cap : Oilman M"^ Eastman ^P Denett
Cap : Tibbets Coll : Weare Oreenough
Coll : Da\'is
* 1-296 * May it Please y' Hon""
In answer to y"" Hon"^ Speech —
We y^ Representitives are Orie\-*^ for his Excellencies Misfortune
which Prevents his Seeing us this Session
As to Provision for Support of Govern'^' y^ Hon"" Recomends to us
— we Presum"^ y* at our Last Sessions upon y^ Settlem^ of y^ Treas-
surers acot^ there being a Ballance of about ^^700 — in his hands
That y* Summ with 3'* Impost and Excise Dayly Coming in to y*
Treasury would have been Sufficient to Defray y* Acrueing Charges
of the Province for this year So far as we had a Veiw thereof and
would have been Sufficient to Answer all Demands if his Excellency
had not ordered Such a Number of fforces into y^ Eastarn Parts
which to us is a Great Oreivancey* our men Should be Drawn out of
our Prov : to Defend & Cover y^ Country when our own ffronteers
are as Much Exposed and we at Expence of Scouts at y^ Sam^ Time
wherefore we Pray y' His Exelency may be Desired to Give Orders
for y^ Calling them home we not being Olidg"^ to Support them there
I721] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 1 6/
Neither arc we Disposed to Raise any money for that Service or
allow any
with Great Respect we are y' Hon'* Obedient Serv'^
Josh : Peirce Spek""
Voted v' there be an Actt to Perhibet a Trad and Commerce with
y^ Easward Indians and y* a Com'"'-' of both houses be Chosen for
y^ Ends afores^
6 octo : 1 72 1
* Voted That Coll : Davis & Coll : Weare a Commtee to * 1-297
form an Actt to Prohibitt a Trade & Commerce with y^
Eastwar'' Indians —
6*'^ Octo 1 72 1 An ackt pased to prevent tradeing With y^ Eastern
Endians pased y^ 7 daye of Octo^ 1721
O' y"^ 7 : 1 72 1 Voted that y*" ackt of Impost & Exporte be Passed
to Repeal y* S^ Act on Condition ; So far as Relates to y^ Importa-
tion of Liquors and Exportation on boards
Whereas y^ Act of Exsise Passed in Gener^' Assembly which was
to Take Effect y^ 19^'' Day of July 1721 w='' Interfeers with y" Li-
cences Taken before which Terminated y*^ 6*'' Day of Septem"" fol-
lowing —
IVP Speaker Peirce and Maj'' Gillman are Apointed to Accompany
his Hon"" y*" Leiu' Gov"" to Ipswich
Voted That y« S^ Act Should not Take place untill y^ S^ Sixth Day
of Septem'' 1721
Sent up for Concurrance
this Day Burnt in the face of y^ Gen''all Assembly ^^143 : 4^ : 4^^ of
which Summ y^ Commtee is Discharged which Summ is of y*^
I 5000^ Bank mony —
and The house is Adjournd to y^ y^^ Day of Novem"" Next
1 72 1 7''' Novem' The House Mett According to Adjournm* Present
M'' Speake'' Peirce M"" Dennett Cap : Tippets
Coll : Weare Greenough M"" Eastman
Cap : Wiggan Coll Davis
and y^ House is prorouged to y* 21'' Instant
1721 21^' Nov: y*" House Met according to prorogation Present
M'' Speake"" Peirce Cap : Wiggan M"" Dcnett
Coll : Davis Cap : Odiorne Greenough
Capt : Tippetts
* To Maj' Jn-^ Gillman & Cap : Jn" Oilman — * 1-298
l68 PROVINCE OF NEW HAMPSHIRE. [l?-!
Gen' you are Each of you in his Maj'^'^ Name Required to Give y'
Attendance in y^ House of Representitives to morrow Morning at
nine of y" Clock hereof fail not —
Dan" Greenough CI : Ass
"^ order of y*' House of Representitives 21^' Nov 1721
The House is Adjournd till tomorrow nine of y^ Clock
22^^ The House Met according to Adjournm' Present
M"" Speak-" Peirce Cap : Tipits M'' Dennet
Coll Davis Cap : Wiggan Greenough
Lieut"' Governer Wentworths Speech
Gent"'^" The Principle Reason of My farther prorouging y'' Gen""^^
Assembly to this Day was to Give y'^ other Goverm' Time before us
to See whether they would Repeal an Act Lately Imposed on this
Goverm' So Cruel and So Oppressive — •
I am to Let you Know y* Since our Last Sitting M"" Speak"" Peirce
and M"" Treasurer Penhalow Accompanied Me to Ipswich where I
met Govern'' Shute according to appointm' and we Discoursed Mat-
ters over Relating to y^ above Act &c. and Came to y^ Resolve y' in
Case y^ Massatchusets wil Drop al thier Impositions formerly and
Lately Laid on this Goverm' that then and in Such Case we would
Do the Same Viz' Drop all Duties Laid by us on them
* 1-299 * o^ iri Such wise as they Do by us His Exellency has Prom-
ist his Best Endeavours Shal not be wanting for y^ Accom-
modating Thereof —
Now in Case y*" Massatchusets Does not Redress us then we have
Nothing more Left us but to State y'^ Case fairly and Address his
Majesty by our Agent M"" Newman and you may be Assured y' I
will Do Every thing in My Power for y^ Repealing that Actt When
our Actt and y' of y'^ Massatchusets Comes before Impartial Judges
ours wil be thought no Hardship but one Goverm' may Lay on
another but theirs will Look Cruell and Oppressive —
I Would Recommend to your Consideration the 1500: £ Collected
Last year and Should have been Burnt according to Actt of Gen"^
Assembly, for what Reason y' Mony was Missapplyed M"" Treasurer
is to aco" for ; I hope you will Consider of ways and Means to bring
it into y^ Treassury again that So it may Answer y^ Just End for
which it was made —
I Remember y^ Last year there was a Motion Made for Calling in
y"^ 1 5 Penny Bills of Credit Many of which were found to be Coun-
terfeited it will be Well worth your while to Consider and Raise
Mony for y' Use on a Good ffund & Put into y^ Treassury for Ex-
changing S'' Bills and that you will take Care that his Exelency May
1/21] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I69
be provided for as Usual y' So y*^ Hon"" of this his Maj'^ Goverm' may
be Supported J : Wentworth
The House is adjourn'' till tomorrow nine of y*^ Clock
* 23'' The House Mett Acording to Adjournm' Pressent * 1-300
M'' Speak"" Peirce Cap : Wiggan Greenough
Coll : Davis Cap : Odiorne Cap : Tippetts
M' Dennett
The House is Adjournd for an hour & half
accordingly y^ house met all Present as in y^ Morning —
And y*-' house is Adjournd Till monday next
Prov of N : Hampsh'' | George &c
Whereas Sundry Members of y*^ house were Delinquent according
to y* Adjounm' from Novem"" 7''' To 21^* of S^ Nov a warrant was
Isued out from this house "^ m"" Speak"" for there Appearance —
1 72 1 Novem"" Munday y'^ 2y^^^ y"^ House met acording to Adjournm*
Present
M"" Speak^ Peirce M"" Dennett M"" Damm
Cap : Tippetts Maj"" Gilman Greenough
Col : Weare Cap : Gilman Cap : Odiorne
Cap : Wiggan
And y*" House is Adjourn'' for an Hour & a half
And y*' House Met According to Adjournm' all Present as in y^
Morning
* 27 No : 1721 The house sent y'^ Clark w'"" one member * 1-301
to wait upon his Honour To be Inform'' Whether His Ex-
celency hand Sent any orders for y'^ Bringing home of our men from
y*^ Eastern ffronteers —
His Hon"" Answer'' y' His Exelency would Dismiss all but 200 : of
which our Ouoto would be 20 —
Vot'' — That his Excellency be desir'' imediately to order all our
Province men home from their Respective post att y* Eastward
they being in a Sufering Condition & wee neither willing nor oblig''
to Support them there
27 No : 1721
Voted Maj"" Gilman Coll : Wear & Cap : Odiorne a Commtee to
form an Answer to y^ Lieu* Gov"^' Speech —
The House is Adjourn'' till tomorow nine a Clock
I/O PROVINCE OF NEW HAMPSHIRE. [1/2 1
23th -The House mett according to Adjourm* Present
M'' Speak"" Peirce Maj"^ Oilman Cap : Wiggan
Coll : Weare Cap : Gillman Cap : Odiorne
Cap : Tipetts M"" Damm Greenough
M"" Denett
In y^ House of Representitives
Voted : That an Express be forthwith Sent to his Exelency to Pray
y* he would Send orders to Draw of all our men which are in his
Maj*'^ Service at the Eastward they being in a Suffering Condition
and we Resolvd not to Support them there
* 1-302 * The House is Adjournd for an hour and half
and y= House Mett According to Adjourn m' all Pressent
as in y^ Morning —
an answer to y*^ Lieut"' Gov'^ Speach
May it please y"" Hon""
We Heartily thank y"" Hon"" and y"^ Gent" which Accompanyed y""
Hon"" To Ipswich to Meet his Exellency and according to y^ Resolve
there we hope y' his Exellency will according to his Promis us his
Best Endevors to accomedate the Affair Relating to y^ Late severe
Actt of Duties that it may be Accomadated at the next Sessions
of the Generall Assembely of y^ Massatchusets and in the mean
Time y' our Actt of Duetis be Repeald so far as Relates to y*" Duty
on Lumber
As to y^ 1 500'^ Collected Last year and Should have been burnt
but is Missapplyed we Expect y* M*" Treassurer Return y*^ Mony y' it
may be burnt according to y^ Tennor of y^ Act of Gen" Assembly
As to y^ 1 5"^ Bills of Credit which werer found to be Counterfieted
or any other of our bills when Brought into y^ Treassury we will
Take Care to Suppress y^ Villany and make Good y^ Dammage
as for Providing for his Exellency we are Ready and Willing to Do
it as Soo as we are able
28''' Nov: 1 72 1
* 1-303 * The House is Adjournd till tomorrow nine a Clock
The House Mett according to Adjournm' Present
M"" Speaker Peirce Maj'' Gilman Cap: Tippets
Coll Weare Cap: Gilman Greenough
Cap: Wiggan Cap: Odiorne M' Dennit
29'"^ M' Damm
Voted That there be a Clerk Chose which Does not belong : to y^
House and y' he Shal be paid for his Service out of y^ Publick
Treassury —
1721] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I /I
Voted That Cap: James Jeffrey be clerk for y^ year Insuing and y^
he Shall have Ten pounds for his Service and according Sworn to
his fidelity in S'' Ofice and S^ Clerk to give out y^ Debenters To y^
Members of Assembly free of Charge
The House is adjourned for an houre & halfe
Post Meridian! met according to Adjournm^ all the '^sons above —
In the house of Representatives
Voted That our Late act of Duty^ be wholly repealled Excepting
what relates to Excise & Importation of Liq""^ & from forreigne
parts —
29*'' -9"" -1 72 1- non cancur'd
In the house of Representatives
Voted That a Committe of this house be Chosen to Joyn w"^ a
Committee of the upper house to form an address to the Mass^
Governm* for the Laying all Duties asside in Each Which wee
suppose will be for y^ bennefit of both Provinces —
29^'^^No-i72i- non concur'd —
adjourned till Tomorrow 9 a clock Anti M —
* 30: No"" thursday Anti Meridiam the house met according * 1-304
to Adjournment — Present
M"" Speaker Peirce Cap' Wiggans M"" Dennit
Coll Weare Cap' Tibbets M"" Dam
Maj"" Gillman Cap' Odihorn Cap' Oilman
Cap' Greenough
9''-30-i72i In the house of Representatives
Voted That our Late act of Duties be further Suspended til march
Next, Provided the Massachusets will Drop all the former &
Later Duties on this Province : which if they do wee will wholly
Drop & Repeal ours, Excepting what Relates to Excise & Impor-
tation of Liquors &c from forreign parts —
Ja^ Jeffry CI Ass""
Province of )
New Hampshire / In the house of Representatives
Voted that a Committee of this house be Chosen to Joyne with
such as may be Appointed of the upper house to form an Address
to his Excellency to represent to the Gov"" of the Massachusets our
Desier for y^ Laying all Duties Asside in Each. Which wee sup-
pose will be for y^ Bennefit of both Provinces & y* John Gillman &
Andrew Wiggans Esq''^ be of y*^ Committee for y'' Ends affore S''
29''' -9'' -1 72 1-
172 PROVINCE OF NEW HAMPSHIRE. [l/^I
N° 30^^ 1 72 1 In the house of Representatives
Voted/ That our vote passed y'^ 7*'^ of S"" Last past relateing to sus-
pending y^ act of Duties of Export & Impost be further continued
to y® Midle of March Next on y« same former Conditions, which
Conditions if not Complyed with by y^ Massachusetts y" to be in
force Ja^ Jeffry CI Ass'"
* 1-305* N° 30"' 1 72 1 In Councill
As an Explanation on y^ Excise on drink, Lately past It's to
be understood y' y^ Species therein Mentioned be Merchantable pine
boards End fish End that the same be paid unto the Coll"" thereof at
Portsm° Richard Waldron CI Con
In the house of Representatives Read & Concur'd
30 : 9''-i72i- Ja" Jeffry CI Ass""
the house adjourn'd for One hour & Halfe
Post Meridian! the house met againe all the members above
Named —
Voted that Edward West be allowed three Shillings '^ Diem for
forty Eight Dayes : that he was in Custody at Newbury on ac' of
paying Rates (he haveing taken his Oath in the Assembly y' he
was So Long in Custody) And that it be paid him by the Town
of Hampton : And that the Select men of s^' Town make an As-
sesm* for the same
the house adjournd til tomorow Nine of the Clock P-M.
fryday the December y*^ first 1721 A M the house Met accordingly
■^sent
M"" Speaker Pierce Cap^ Wiggans Cap' Greenough
Coll Weare Cap* Oilman M"" Dennet
Cap' Odihorn Cap' Tibbets M-" Dam
Maj'' Gillman
* 1-306 * Prov of \
New Hamps'' J In the house Representatives
Voted that there be No More Memorials received by this house
from M"" Treasurer Penhallow relateing to Accompts of this Prov-
ince But that he bring in the Province accompts truly by Debt &
Credit: And that the Accompts from the fifteenth of July Last
past be Bro' in forthwith to uss accordingly —
Fryday q' y® 30-1721 : Copy of his Excellencies Letter of g"" y^ 29'^
Directed to the Hon'"''' John Wentworth Esq"" L' Gov'' of New Hamp-
shire
S"", I rec"^ your Express & if the Gen" Court are of Opinion y' it is
17- l] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 1 73
for the Interest of the Province y' y"" Souldiers at the Eastw^ Should
be Discharged, I Do hereby give my consent unto it.
I am your humble Serv'
Samuell Shute, Boston —
Wednesday five of the Clock afternoone
j-r ye jst. J -,2 1 ; In the house of Representatives :
Upon the return of his Excellencies Letter by the Express sent to
him : in Relation to the Discharge of the Souldiers at the Eastward —
Voted, that the Souldiers be forthwith Discharged & that the Lift'
Govornour is Desiered to Send his Orders for them by Express :
to Com home by Land : And that a Vessell be Imediatly Sent
with provissions for theire Subsistance home —
And then the house adjourn'd for an houre & halfe P. M.
x"" : I : 172 : P. M : the house met according to adjournment all be-
fore Named & Coll Davis :
The house adjourned till Tomorrow Nine of y^ Clock An : M' —
* Province of | • * 1-307
New Hamps' j The House met according to y*^ adjournment
all as above
x"" : 2*^ : 1721 : M"^ Speaker Pierce took out his Debenture for fifty
foure Dayes : from y 6"' x" 1720 to the 2^ Day of x"" 1721 —
Cap' Samuell Tibbets took his Debenture from y^ 27''' 7'' to the 2^
of x' 1 72 1 for thirty Eight Dayes —
Coll Peter Weare Took his Debenture from the 6"' of S"" 1721 to y^
2^ x"" 1 72 1 for 14 Dayes —
Whereas there is an Immediate want of Money for support of the
Governm'
Voted that Mark Hunking & George Jaffrey Esq""^ be a Committee
to Joyn with two of the Lower house to Draw up an act for Im-
printing one thousand pounds : & that the Said Committee or Any
three of them be Appointed to Signe the Same
9'': 39'** : 1721 Richard Waldron Clc"^ Con
x"" : 2^^ : 1721/ read in the house of Representatives & Non Concurr'd
In Councill
Voted y' v^ 1000 pounds y' by act Should be paid : into the Treas*^
this Yeare, be Collected by y^ 20"' July next in Bills of Credit of
this Province & y" Burnt according to S'' ac'
g' 30"^ Rich*^ Waldron ClC Con.
x' y^ 2^ : 1721/ In the house of Representatives
Voted y' y^ two above voats ly under Consideration till y^ Spring
Sessions —
174 PROVINCE OF NEW HAMPSHIRE. [1/22
* 1-308 * Province of )
New Hamps'' ) In the House of Representives
Voted : That m' Treasurer Penhallow Do forthwith gather in the In-
terest money Due to this Province And pay one hundred pounds
of it to his Excellency Gov"" Shute
x"" y*^ 2''— 1 721 —
Isaac Green allowed forty Eight Dayes @ 3/ "^ day haveing taken
his Oath y' he was detained So long at Newbury —
x"" 2^ : 1 72 1- In the house of Representatives A M'^
A Petition of Cap' Benj^ Wentworth ag* M"" Samuell Plaisted to
revive a Judgm' obtained ag' S'^ Plaisted from June Court 1721
In Councill voted the Petitioner may Bring his Suit at the Infe"
Court Next :
In the house of Representatives Concurred
The house was adjourned to the Second tuesday in fe"" Next
Eaphraim Dennit had his Debenture from x'' : 27''' : 1720 to y^ 2^
x"" 1 72 1 being forty five Dayes —
Cap' Henry Sherburn had his Debenture from x^ y'= 6* 1720: to
x'' 2'^ 1 72 1 being twenty one Dayes —
Cap' Daniel Greenoughs Debenture for Clerk of the Assembly for
60 Dayes to the 5'*^ x''-i72i-D° for Assembly Man from the 24^^
May 1720 to the 30th of November 1721-
M' John Dam his Debenture to the &^ tV 1720/ 1 from y^ 20''' a\Iay
1 72 1 thirty Nine Dayes-
* 1-309 * Province of )
New Hamps'' \ The house Met according to the Adjour-
ment
M"" Speaker Pierce Maj'' John Gilman Cap'Daniell Greenough
Coll" Peter Weare Cap' John Gilman Cap' Sam" Tibbetts
Coll" James Davis M"" Justice Eastman oM"" Eaphraim Denit
Jotham Odihorn Esq'"Cap' Andrew Wiggans M"" John Dam
Note only those under in the Comon line met and not all the
Assembly here Entred —
of these above there then Met only AP Speaker Pierce Maj"" John
Gillman Cap* John Gillman Cap' Andrew Wiggans Cap' Jotham Odi-
horn : Cap' Daniell Greenough M"" Eaphraim Dennit M"" John Dam :
The Assembly prorouged to tuesday y^ 27'^ of March Next
Province of ^
New Hampshire \ 27'*^ March 1722 Met according to adjornm' viz'
M"" Speaker Pierce Cap' Daniell Greenough
m"" Eaphr^ Dennit m"" John Damn —
722] JOUKXAL OF THE HOUSE OF REPRESENTATIVES. 1 75
the Assembly further Prorouged to the i6 Aprill : 1722-
Province of New Hampshire Aprill y^ 16'*' 1722
the house Met according to Adjornmt viz'
M' Speaker Pierce 'SV John Damn
Cap' Daniell Greenough
Then the Assembly was prorouged to the 30'*^ Ins'.
DOCUMExNTS
RELATING TO THE
Boundary Line Controversy
NEW HAMPSHIRE AND MASSACHUSETTS.
DOCUMENTS
RELATING TO THE
Boundary Line Controversy
BETWEEN
NEW HAMPSHIRE AND MASSACHUSETTS.
NOTE.
The documents which follow, relating to the Boundary Line controversy, are
copies taken as literally as possible from the records in the archives of the State of
New Hampshire and the State of Massachusetts, and, to some extent, from the
English archives. The legislative proceedings of the two States, except as they
appear in tiles of legislative papers, are not given here, for the reason that the New
Hampshire Assembly records have already been published in this series, so far as
the originals are accessible ; and as to the iMassachusetts legislative records, it has
not been deemed advisable to extract matter from them in detail, pertinent only to
this subject, for the principal reason that we may expect that those Journals will be
published in a complete form in the near future by authority of that State, and much
of that matter is already in print in the original official Journals. Furthermore, it
has not been considered advisable to accompany the publication of the documents
in the form here presented, with any comments in addition to the controversial
literature that relates to this long-standing contention. The state commissioners
now actively engaged in the service of the parties may be expected to present all
the arguments deducible in behalf of their respective States in the reports which
they will soon submit. The occasion for this publication is opportune, as there
can be no doubt that the material here offered will be of service to the commission-
ers in their work, and aid the interested public in forming their judgment on the
questions at issue. The calendar of papers in the English archives relating to New
Hampshire, which has been recently obtained for the New Hampshire Historical
Society by state aid, through the agency of Mr. B. F. Stevens, of London, consti-
tutes a succeeding part of this volume. An examination of the calendar will indi-
cate what other papers relating to the subject of the boundary line, not included in
this publication, may be found among the English archives, to which Mr. Stevens's
work is a valuable index.
The Editor.
I So PROVINCE OF NEW HAMPSHIRE.
\_Dyaft of Resolutions abojit Uniting N. H. and MassJ]
[Mss. "Town Boundaries," p. 201.]
"U HEREAS This His Majestys Province of New Hamp'' has w* all
Chearfullness hitherto Supported the Goverm' here tho with y^ Utmost
difficulty by Reason of their Poverty and Smallness of their Numbers
there being but 8 Towns w"' in y^ S"" Province & y*^ one half of y* but
of Little Consideration poor Inconsiderable number to Support y®
Dignity of a Govern' & y*^ Province being so Strait in Its limits y' y*^
utmost Extend N & S is not 20 miles, & lying w^'^ in the bowels of
y^ Mass^ and Whereas Many Disputes have arisen ab' y'' Divisional
line Attended w''' Great Cost both at y^ Court of Great Britain &
here & all without any prospect of a Settlement of y^ S'^ line that we
know of, and further Whereas In Case of another Indian War we
Shall be never able to defray y*^ Charge y' will unavoidable attend it
& pay off our former Debts and whereas y*^ Trade of y^ Two Prov-
inces has been Sometimes Considerably Interrupted by y^ Differing
Sentim'-'' of y® Two Gen^ Assem^ And Whereas Our Represen being-
conscious of these things at y^ last Session of Gen' Assem^ Voted
that Application Should be made To His Majesty to obtain a Union
of y*^ 2 provinces & y'^ Prov : of y^ Mass^ Should be Consulted & y""
favour ask'd in the Premises — These are therefore to Manifest our
Acquiescence in what our Represent have done and to Signify our
Earnest desire that the Provinces may be united and That Some
Persons will be pleased to undertake y® Matter for us by using all
proper means for y° obtaining So desirable an End
l^N'czv HampsJiirc Committee Appointed to Run Line. 1693.]
[Mass. Arch., Vol. 3. p. 480, and N. H. Mss. Prov. Boundaries, p. 7.]
New Castle October 1693
S''V The Hon*^'® the Lieu' Govern'' and Councill have Ordered and
apointed to have the Bounds of this Province from Three Miles
Northward of Merrimack River Runn On the ffourteenth day of No-
vember next And have apointed M"" Joseph Dow and M"' Samuell
Dow Surveyers and Cap" Henry Dow and Cap" Joseph Smith to be
Com''^ for the doeing the same I am alsoe Ordered by the Hon'^'^ the
Lieu' Govern"" and Councill to give you notice heereof That in case
BOUNDARY LINE PAPERS. l8l
you thinke fitt you may appoint some of your Province to be present
and joyne with them in cloeing of the same
By order of the Hon'''^ the Lieu' Govern"" and Councill
Tho Davis Sec'ry
\Reply of MassacJiusctts Goveyiimcnt to Action of Nezv Hampshire^
1693-]
[Mass. Arch., Vol. 3. p. 479, and N. H. Mss. Prov. Boundaries, p. 13.]
Gent" Upon reading this day at y^ Board yo""* of Ocf past, Signed
Tho : Davis Sec'ry (which came to hand during his Excy being from
home) Imparting your appointm' to have y'^ Bounds of yo"" Province
run on y" fourteenth day of Novemb"' curr' and nomination of Survey-
ers and Commission""^ for doing of y^ same, and that Notice thereof
be given unto y^ Gov"" & Council here, that if they thinke fit they
may appoint some ^^sons to be "^sent and joyne therein. —
I am ordered by his Exc'y and Council to acquaint you, That so far
as yo"" Proposal may have any Relation to the boundaries of this Prov-
ince ascertained and Setled by their Maj'""^ Royal Charter, they ap-
prehend it had been first necessary to have advised them if anything
seem doubtful unto you therein, That so meet persons might have
been Commissionated by their Ma'"^^ Governm'^ of each Province to
have discoursed that matter and Agreed of sutable methods & Sea-
son for goeing of bounds if need were ; But yo"" Resolving and pre-
fixing a time and y' so near at hand without previous Consultation
with the Goverment here, cannot admit of any from hence at pres-
ent to attend such a motion, Especially considering that y'^ General
Assembly are to convene on the morrow
By order of his Ex'^y the Governor and Council
I : A. Sec'ry
Boston November 7''^ 1693
1(52 PROVINCE OF NEW HAMPSHIRE.
[A't'TC-' HavipsJiirc Committee Appointed to Riui Line, 1695.]
[Mass. Archives, Vol. 3. p. 508.]
Att a Councile held Att Hampton October 30''' 1695
Present
The Lieu" Govern''
Rob' Elliott ) Nath" Wear ]
Peter Coffin [ Esq''^ W"^ Vaughan V Esq'-^
Henn'y Green ) Rich"^ Waldron J
Whereas there was a Petition from Severall of the Inhabitants of
Hampton Read att this Board relating to the running of the Line
between the Province of the Massachusetts Bay & Province New
Hampsh"" Itt is Ordered thatt Joseph Smith, Henry Dow & Jn°
Stanyan Be apointed a Comittee to Joyne with Such Persons as Shall
be Chosen by the Massachusetts Goverm' for Runing of the line be-
tween the two Provinces on or before the fourth day of Decemb''
next at Such a day & time as thay of Boston shall Apoint, and in
Case the Goverment of Boston shall not Send Persons to Joyne w"'
those apointed here then w"'out farther ord'' the s'^ Joseph Smith :
Hen'ry: Dow Sam" Dow. James Philbricke, Moses Swett & Nath'^
Wear Esq""® or the Maj"" part are to Run the Line themselves on the
Fourth day of December next and that Notice be given from this
Board of the Same to the Lif Govern"" & Councile att Boston
vera copia Attest W'" Redford : D Secr'y
[^Nezu Hampshire to Massachusetts, abojit Rtmning Line, 1695.]
[Mass. Archives, Vol. 3, p. 507.]
New Castle Novemb"" 18'^ 1695
Hon*^'^ S" There having been Severall complaints, and are Still
encreasing in this Province, for want of Running the Dividing Line
between the two Goverm"^ that Sundrey inhabitants Dwelling in
Hampton neer to the Towne of Salesbury & so for want of the cer-
tain bounds being knowne they Escape Either doeing any duty or
Service or payeing of Rates in Hampton or Salsbury besides many
other Inconveniencies ; the Hon"^'^ the Lieu" Govern"' & Councile of
BOUNDARY LINE PAPERS. I83
this his Majest* Province of New Hampsh' have ordered me to Sig-
nifie to yo"" Hon'* thay have apointcd a Comittee here to Joyn w'^'
those yo'' Hon'* Shall think meett, to Run the Bounds between the
Massachusetts & this Province by the fourth of Dccemb'' next fol-
loweing, as more fully may be knowne by the Minitts Inclosed ; and
Desire yo"" Hon""* would be pleased to write this Goverm* what you
are Resolved to doe in this Affaire :
By ord' of the Lieu" Govern' and Councile :
W™ Redford D Secry*
\^Lcttcr from Lieut. Gov. UsJicr^
[Mass. Archives, Vol. 3, p. 508.]
May please yo' Hon' Boston 2f^ May : 169 [torn]
not knowing when I may goe to province New Hampshire however
y" the matter of so great momentt may not be delayed or frustrated
— have writt to the Councill According to Enclosed, which If you
see cause may forward but If yo' Hon' doe judge y" itt may be for
his Maj*'"-'* Service, safety & Quiett of his maj"^^ subjects, in these his
jyj^jties Territorys of my personal presence being their
For his Maj"^* Service & the Good of my Country shall now & att
all times, be redy to promote & Serve the same, which upon Notifica-
tion from yo' Honno' shall be complyed with by,
yo' Hon'* Humble servant
John Usher.
[Reply of MassacJmsetts to Action of New Ha^npsJiire, 1695.]
[Mass. Archives, Vol. 3, p. 509.]
Hon^'^ S'* Yo'"^ with y'= minute of Council inclosed of y^ 30*'' of
Oct° past P'or the ordering and appointing a Comittee of some per-
sons belonging to yo' province to joyn with such as should be chosen
by this Governm' for runing of the Line betwixt the two Province's
came not to hand until yesterday, when the time assigned by your
Selves, being the ffourth of the next month is drawn very neer : you
must certainly imagine it to be a matter of little Import that Seven
184 PROVINCE OF NEW HAMPSHIRE.
or Eight days notice should be thought sufficient to appoint sutable
persons and duely to provide for such perambulation ; It seems neces-
sary previous thereto that Comm''^ Instructed by the respective Gov-
ernm'^ should meet together and concert the place where to begin,
that so Artists may be set upon the line to carry the same thro. Be-
sides we cannot but observe to you that we thinke the persons nomi-
nated by yo"" Selves may not be so indiffirent, being all (if we are not
misinformed) dwellers at Hampton, yo"" next Town bordering on the
line of this Province ; And whither it might not be advisable that the
small inconveniencies hinted in yo'"* (which may be equal to this Prov-
vince) be suffered for a short time further, and the trouble and charge
necessarily arising by a perambulation be Spared ; until it be known
whither there will be Occasion for the same or not ; which probably
will be by the next Ship that shall arrive from London./
By Command of the Hon^''^ the Lieu' Gov'' and Council
Boston. 26" Nov"" 1695. I: A: Secry
[^Orders to Committee to run the Line^ 1696.]
[Mss. Prov. Boundaries, p. 12.]
Whereas there was an ord'' in Councill on y^' 30''^ Octob""
Seal. 1695 Thatt Nathanaell Waer Esq"" Joseph Smith Henery Dow
Sam'' Dow James philbroock & Moses Swett all of Hampton
to be a Comitte for Runing of the Line betwene the province Masa-
thusets Bay & province New Hampshire refference to S'' ord'' being
had & by reason of difficulty as to y"^ wether the Same hath nott ben
done.
These are therefore in his Majtys Name to require the S*^ Waer :
Smith Henery Dow & Samu" Dow James philbroock iVIoses Swett
them or the Major partt of them w"* others they Shall judge ne-
cessary to Assist them to run y^ S^ Line att or before the 20th of
May nextt ensueing & thatt when the Line is run to make return of
theire Soe doeing w"^ a Map of the same into y^ Secretarys office for
w'^'^ this shall be theire warrantt given und"" my hand & Scale att
Armes Hampton this 8"' Aprill 1696
John Usher L' Govern""
& Comand"" in cheife
BOUNDARY LINE PAPERS. 1 85
[.V. //. Connnittcc Appointed, 1705]
[Mss. Prov. Boundaries, p. ii.]
The : Asembly haveinge perused the Letter ffrom the Generall
Asembley of the Mathasuets (now befor them) relatinge To the
runing : the Line bettwen the Provinces and Considering the Sea-
son of the yeare the Danger of the Enimy The Charge that it may
amount to Doe offer that Majore Joseph Smith Cap' Henry Dow :
AF Jeames Philbruck Be A Commitey to Joyne with those of the
Mathathusets Apoynted as A Commitey And for the reasons Afore
said to rune The Line ffrom the Sea to the Extent of Hamton and
Kingstowen : boundes : and Mack A report of the same to his Ex-
elencey Counsaicll and representives of this Province how thay ffinde
the Same In order to A further Conformation Thear of :
past by the Howse
Decem"" y^ i8''' 1705 p' Sam" Keais : Clark
\_Massachnsetts Committee Ordered to Meet, 1708.]
[Mass. Archives, Vol. 3, p. 535.]
15° June 1708./. In Council. —
Whereas at the Session of this Court in Octob° 1705 Col° Thomas
Noyes with other Gent" were appointed a Committee on the part of
this Governm* to Joine with a Committee of the Province of New
Hampshire to run the Line between the two Provinces ; And the Pres-
sure of the War with other difficulties Co-incident rendringit hazard-
ous at this Juncture to be put in practice. —
For the present Ease of Her Ma'^'^ Subjects, whose Situation makes
it disputable to which of the Provinces they belong. —
Ordered That Col° Noyes Notify the Gentlemen of this Governm"^
joyned with him for that Affair, to meet the Committee of the other
Governm' at such time and place as the said Col° Noyes shall appoint,
and upon Consideration as near as they can Judge, of the Distance
of the Familys in dispute from the brinke of the River, to Propose to
which of the Provinces they thinke it reasonable they be assessed
towards the Publick Taxes and do Service during the present War ;
That they be not Oppressed by a Demand upon them from both the
Governm'% And make Report thereof to the Respective Governm"
13
1 86 PROVINCE OF NEW HAMPSHIRE.
That they may Consider of a Temporary Settlement until the Line
can be duly run and fully Established. —
Sent down for concurrance. Is' Addington Sec'ry
In the House of Representatives, June i6 : 1708 Read
June 17 : Read & Concurr'd. Thomas Oliver Speaker
[T/iovias Noycs to Secretary Isaac Addington, Proceedings at Massa-
cJuisetts Convention, 1709.]
[Mass. Archives, Vol. 3, p. 536.]
Newbury y^ 6 : of January 1709
Honored sir
I received An order for Runing the line with the Provinc of New-
hamshier a first A second & A third, as to the first I gave your Hon-
our An account, wich wase received at your board as I was Informed,
as for the second order which was to make A protempary settle-
ment which acordingly I attended and in order thereunto I sent to
the gentlemen belonging to the province of Newhamshier opointed
for that service to meete with those of this province, and we all met
at the House of Henry Ambros : which is neer the line, and dis-
coursed concerning A protempary settelment, and the men of this
province profered the gentelmen of the other province to devide the
Houses in Contriverse Equaly boath for number of men and Estate,
but the gentlemen of the other province refused it, we spent A great
part of the day in pursuading of them but could attaine it, and we
profered them one man more than half but still they refused and
wold do nothing except we wold setle the line according to their
former runing of the line when none of this province wase with them,
which we Could not Consent to, and except their minds be altared I
have no hopes of doing anithing in that afaier. I am
your Humble servant
Thomas Noyes
\Appointment of N. H. Commission ei^s, 1719.]
[Mss. Prov. Boundaries, p. 8.] .
Province of ) By The Honourable John Wentworth Esq""
New Hampsh'"'^ \ Leiu* Gov'' In and over His Majesties Prov-
ince of N Hamp"" aforesaid. —
Seal. To Samuel Penhallow Mark Hunking George Jaffry
and Rich'' Wibird Esq'', Cap^ Josh' Peirce, and James Da-
vis & Peter Wear Esq'', and Cap' James Jeffrey Survey'' &c —
boundary lixe papers. is/
Greeting.
Whereas The General Assembly have voted a Settlement of the
boundaries of This Province, and particularly The divisional or parti-
tion line between This and The Mass^ Goverment, and a Committe
for That purpose ; Requesting That a Commission und"" The province
Seal might be made out, impowering The Said Committe to Act in
The premises. —
{Bv Virtue of The power and Authority in and by His Maj''^^
Royal Commission To me granted To be Leiu' Gov"" &c} I Do by
These presents, {reposing much trust and Confidence in your loyalty
Skill and ability,} Constitute and Appoint you The Said Samuel Pen-
hallow Mark H unking Geo : Jaffry & Rich'^ Wibird Esq""** and Cap*
Josh'"* Peirce, and James Davis and Peter Wear Esq""^ and Cap* James
Jeffrey To be Commissioners for running and Settling The S^ bound-
aries of The-Prov : of N Hamp'' aforesaid ; hereby giving and grant-
ing unto you full power and Authority to Act in That affair ; and
more particularly you are hereby impowered and Authorized To meet
w''' y^ Commissioners, appointed and Commissionated by The Mass^
GovermS and with Them To Conferr in and about The "^ mises, and
also to agree determine and resolve upon The afores^ divisional or
partition line ; and any other divisional or partition lines, That are
between The aforesaid Two provinces ; (provided you Act according
To y*^ Instructions herewith given you,) In Testimony whereof, I
have Caused The Seal of The Province To be hereunto affixed. The
Seventh day of December, in The Sixth year of His Maj*y King
George's reign over Great Brittain &c Annoq — Dom 1719 —
By The Hon^^'^^ The L* Gov>^ J. Wentworth
Command with Advice of the Councill —
Rich'' Waldron Cler Con
\Instructions to N. H. Comviissioncrs^ i/iQ-]
[Mss. Prov. Boundaries, p. 15.]
Pro : N Hamp-" To Sam Penhallow Mark Hunking Geo Jaffry
Rich'^ Wibird Esq"" M*" Josh^ Peirce James Davis & Peter wear Esq'
& To Cap' James Jeffry Survey'' & Joyned with y^ Committee
Pursuant to y'' direction of The Right Hon'^'^ the Lords Com''® of
Trade and Plantations for Settling The boundaries of This His Maj-
esty Province of N Hamp'' & more particularly for runing The divis-
ional line between This & His Majesties province of the Mass-' which
is To be reported home To The Said Lords of Trade &c
you being appointed a Committee by The Gen^ Assem>' of The S''
1 88 PROVINCE OF NEW HAMPSHIRE.
prov : of N Hamp"" for Transacting The Said affair will herewith re-
ceive a Commission Impowering you To Act in The '^mises — And
1 yon are To repair To Newbury on Wednesday the ninth Instant
in ord'' to meet y^ Commission""^ of the Mass^ province That are ap-
pointed & Commissionated by That Goverm* To Settle The aforesaid
Divisional line between The Two Provinces, & you are To Conferr
w"' The S'' Com'* ab' runing & determining The Said line & if you
Agree with them in fixing y^ Place where to begin the West Line you
are to Joyne with them and make Report Accordingly —
But if you Dont Agree thereon You are to Run y^ West Line
without them as you Judge most Agreeable to his Majesty's Com-
mission & y^ Royall Charter —
2 you are To Sett your Compass on y^ north Side of Merrimack
river at y^ Mouth of it at highwater Mark & run 3 miles upon a north
line & from y'^ end of The Said 3 Miles you Shall run upon a west
line into y^ Country Till you meet y*^ Great River w^"^ runs out of
Winnipishokey pond —
3 you are hereby Impowered To appoint The Time when To Run
y® line between N Hamp"" & prov : of Main provided it be within a
Sixweek from y'' date hereof
\_Nezu Hampshire Protests against Delay, 1719.]
[Mass. Archives, Vol. 3, p. 536.]
Portsmouth Dec' 9"' 1719
Sir, I am again directed by His Hon' The Leiu' Gov' to advise
you, That This Goverment would be very glad, That The Settling
The divisional line between New-Hamp' and Mass"" might be sus-
pended, Till The time appointed by your Goverment ; but having
Strict orders from the Right Honourable the Lords Commissioners
for trade and plantations, to run The Said line forthwith and report
it home ; The Honourable The Leiu' Gov' and Councill do appre-
hend, That The affair cannot (without danger of Missing This Sea-
son) be putt of longer Than To Thursday next, which will be the
17''' Instant, at w*^'^ Time y^ Commissioners of N Hamp' will attend
That busyness at Newbury, and hope y^ Commission'* on your part
will not fail. I am Sir
Your most humble Serv'
M' Secrety Willard Rich^ Waldron Cler Con
BOUNDARY LINE PAPERS. 1 89
[Jfiissac-Z/z/sr^/s Cojuifiissioiicrs 0)i Boundary Line Appointed^ \'ji<^.'\
[Mass. Archives, Vol. 3, p. 232.]
Commission to Addington Davenport Esq"" &c Commissioners to run
the Boundary line between this Province and New Hampshire.
Samuel Shute Esq"" Captain General and Governour in Chief in
and over the Provinces of the IMassachusetts Bay and New Hamp-
shire in New England &c.
To Addington Davenport Thomas Fitch Elisha Cooke and William
Dudley Esq''^ and Captain John Gardiner Greeting —
Whereas for Divers years last past there has been a Difference be-
tween this Government and the Governm* of New Hampshire relat-
ing to the bounds between them To the Disturbance of many Inhab-
itants Dwelling near the said bounds And Whereas the said Govern-
ment of New Hampshire have Declared themselves ready and willing
to Joyn with us in setling and Adjusting the Divisional line between
the two Provinces And have for that End chosen & appointed Com-
missioners to Treat and Conclude with Commissioners to be ap-
pointed on the part of this Government Concerning the bounds and
Limits of the said Province
Trusting therefore in Your prudence and Fidelity I do by & with
the Advice & Consent of the Council and Assembly of this Province,
hereby Authorize and fully Impower you the said Addington Daven-
port Thomas Fitch Elisha Cooke William Dudley and John Gardiner
Commissioners in behalf of this Government (any three of you to be
a Quorum) to Treat with the Commissioners of the Province of New
Hampshire afores'^ upon the matters aforerecited — And with them
to sign seal Confirm and perfect a full and Compleat Agreement re-
ferring to the said Divisional line And to Determine and secure par-
ticular rights and propertys of Land bordering thereupon, having
recourse to such Directions and Instructions as you shall receive from
me with the Advice of His Majesty's Council for the further Gov-
erning your selves in this Affair : And the Conclusions and Agreem*^
so perfected and signed and sealed by your selves with the Commis-
sioners from New Hampshire aforesaid you shall lay before the Gen-
eral Assembly for their Confirmation In Testimony whereof I have
signed these presents and Caused the Publick seal of the Province of
the Massachusetts Bay aforesaid to be hereunto affixed Dated at Bos-
ton the Nineteenth day of December in the sixth year of His Majes-
ties Reign Annoq Domini 1719 —
Sam" Shute
By His Excellencys Command with the Advice of the Council. —
J Willard Sec'ry
Examined ^f3 J Willard Sec'ry
igO PROVINCE OF NEW HAMPSHIRE.
\J}istriictions to Massachusetts Covunissioners, 1719.]
[Mass. Archives, Vol. 3, p. 134.]
Instructions to Addington Davenport Esq"' &c Commissioners ap-
pointed by this Government to Treat with the Commissioners of
New Hampshire Government about running and setling the Divis-
ional line between the two provinces —
By His Excellency the Governour
Gent Besides the Publick Commission Impowering you to treat
with the Commissioners of New Hampshire for setling the Line be-
tween this Government & that, Copys of Our Publick Records of
the several Transactions relating to this Affair, which you have with
you will furnish you with such pleas and Arguments as may
strengthen you in asserting our rights, and hinder as much as may be
their encroaching upon us. By them you will find, That a Committee
was appointed Anno 1638 by the Magistrates of Ipswich to lay out
the Line three Miles Northward of the most Northerly part of Mer-
rymack. It was then Apprehended both by the Massachusetts and
Piscataqua Inhabitants that an East Line drawn from thence would
take Piscataqua River within the Massachusetts Patent — Where-
upon Letters in March 1638/9 were sent by an Express to sundry
Gentlemen at Piscataqua about it ; You will also find, That the In-
habitants there being Destitute of Order and Government Divers
times Petitioned to this Court to be received under their Rule and
protection That the Major part of the Purchasers and Owners of the
two Patents made to M'' Edward Hilton &c, which we suppose were
Prior to M'' Masons Patent and by vertue whereof the first Piscat-
aqua settlements were made did the 14* June 1641 in behalf of
themselves and their Partners under their hands in Court here Sur-
render both Patents to the Massachusetts, and Notice was Given to
the People there of such Surrender; from which time they sent their
Deputies to the General Court at Boston, & Continued with us, as
one Body for about forty years. And several of the Owners of s'^
Patents as M"" Hilton &c were Commissionated by the Authority
here Anno 1642 to Act in Government there You will find likewise,
That their Towns, Winaconet, now called Hampton, Exeter, Dover,
Strawberry Bank, As also our own Town Cochechiwack first
Called Colchester and now Salisbury were allowed by our General
Court to be Towns, and their Bounds not setled till after their sub-
mission and Union with this Government whereof their Deputy's
BOUNDARY LINE PAPERS. IQI
were a part. It's also to be remembered in Our Favour, That to the
support and Assistance which we have yielded them in time of War
at so great Expence (and without w*^'' they had probably been swal-
lowed up) is owing in a great Measure their flourishing Condition at
this day. Upon all which considerations you May Justly Insist That
our Several Towns lying on the North side of Merrimack River
should still remain to this Government according to the bounds setled
by the General Court, altho in some places they should run some-
what further than three Miles Northward from the River ; and that
particular Persons to whom Grants of Lands have been made shall
retain the property of their Grants without any Allowance or Equiv-
alent to be made therefor, since those Bounds were setled and those
Grants made when we were all but one Government ; and so it be-
comes their Act & Deed as well as ours ; which ought therefore in
reason to be binding to them : Which if it cannot be obtained you
may Consent to some reasonable Equivalent, And it will be well
That each Town bordering on them should supply you with Authen-
tick Copies of their bounds, as setled and Confirmed by the General
Court : The above is what offers as to the Southerly line between us
and them
As to their Westerly Line M"" Aliens Commission do's no way de-
termine it, since it runs to Govern from three Miles Northward of
Merrimack River to the province of Mayne without Giving any Wes-
tern bounds into the Land Therefore that their Extent W^estward
may be known. It will be Incumbent on them to produce some other
patent that Ascertains it. To which end if they offer the two Patents
of Dover & Quamscot Granted to M"" Edward Hilton &c. It will Man-
ifestly place the Advantage on Our side since those patents have
been Resigned and Given up to us. —
It will be best at your first meeting to Discover what you can of
their pretensions without making any Concessions on our part till
you have Informed your selves of the utmost Concessions That they
are Allowed to make on the part of that Government ; which when
you have Gained you may then proceed finally to Conclude and settle
a Divisional Line between the two Governments, so as may no ways
Infringe upon the Bounds Granted to this Government in the Royal
Charter. Given under my hand at Boston the Nineteenth day of De-
cember in the Sixth year of His Majesty's Reign Annoq Domini
1719 — Sam'^ Shute
By His Excellencys Command J Willard Sec'ry
Examined ^ J Willard Sec'ry
192 PROVINCE OF NEW HAMPSHIRE.
\_A^ezv HampsJiire Expenses, 1720.]
[Mss. Province Boundaries, p. 17.]
Province D'' Towards Settling the Line Between tlie two Gover*^ And
In Negotiating the Affairs w^'' y^ Indians
1719
Dec'''' 21 To Entertaining the Boston^
Commissioners at their Going y 3.. 9.. —
Eastward — j
To Expence of the Comittee at
Newbury — 12.. 18.. 6
To 5 days of Geo : Jaffrys Coll"^
Hunking Cap' Wibird Cap' |
Joshua Peirce Esq""^ & Sam" )■ 15.. — .. —
Penhallow & James Jeffry at \
10/ j
I.. 10.. —
To Coll° Wear 2 days —
To Edw'^ Pendexter himself &
horss 5 days —
To \ part of fifty four pounds of ^
Stores &c for Cap' West- [^
brook in Going Eastward w''' ^ ^"
UlUUis. Ill vjuiiig J_^aai,vvan.i vv i
y^ Comis""^ )
To Expence on y^ Boston Com- \
issioners at y"" return \
To Cap' Westbrook twenty days ""j
for his troble in Going East- V 10
ward at 10/ '^ day j
2.. 16.
29..—..—
3..— ..—
4.. 5.. 10
I..-
31.. 7.. 6
28.. 16.. 2
Jan"-
1720 To Cash p'' James Jeffry as by
his receipts
To Coll : Davis on dito ace" — i
To Cap' Westbrooks Perticuler \
Expences as by his account — j
Apr"
20"^ To Coll : Hunking Coll : Packer \
& my Self 2 days Each ab' >
the New Town Line )
To Coll : Daviss & Cap' Tibbetts 1
one day j
To Expences at Same time — i.. 9.. — 51.. 14.. 10
Apr" 26, 1720. ;^iii,.i8.
Err-'s Excepted "^ Sam" Penhallow.
BOUNDARY LINE PAPERS. I93
\_Lcttcr to Jeremiah Duvinicr, 1720.]
[Mss. Corr., Vol. i, p. 39.]
July 20, 1720.
S' It's probable that long 'ere Now y" have heard the debate that
has hapned, between this and the Massathusets Province, abt the Di-
viding line ; and having had so large Experience of your favour in
serving us doe think it Incumbent of making all suitable returns of
recept and gratitude and should Esteem you the most Suitable per-
son of making our application to, were it not that you are so ime-
diately interested in the other Province Wherefore, Wee thought
Meet to acquaint you, that wee have now writt M"" Newman to solicite
our affair, and to lay a representation thereof, before the Lords of
Trade &c
Our L* Gov"" very heartily Salutes you and so doe all our Gent" —
more particlarly S""
Yo'' most humble and Most Obed' Serv'^
Joshua Peirce Sam'^ Penhallow
Henry Sherborn Geo : Jaffreys
Jer : Dummer Esq""
[Rojtgh Draff of Letter to Agent in London^ 1720.]
[Mss. Corn, Vol. i, p. 37.]
New Hampsh"" July 20, 1720.
S"" The affairs of our Province requiring the assistance of Some
Gent" att home Our Generall Assembly at their session in May last
made choice of you for their Agent, and as testimony of their resp'*
and your Encouragem' therein did vote you y^ Sum of ;^ 100.. 00.. 00..
this money w*^'^ we presume his Excellency has advised you off, and
to know how you would have y*^ Same remitted.
The matters of Importance w'^'' wee now send you, to lay before his
Maj>' and y*^ Ld^ of trade &c are as follows Viz'
That y^ Dividing line bee fixt between this Province and the Mas-
sathusets ; a plan of which is here inclosed.
The line on y^ south side of our Province wee account a West line
three miles North from y'^ Entrance of Merrymack River att y^ At-
lantick or Western Sea, and runs westward as wee conceive as far as
y^ Massathusets Colony
194 PROVINCE OF NEW HAMPSHIRE.
The line on y* Northerly Side against y^ Province of Maine, being
a Northwestward line from y" furthest head of Newewanock Riv^er,
\^;oh ^QQ suppose y^ Salt River A dispute hereupon will arise about y^
Point whither North a little West, or North west ; there being 4
points difference —
^ that -a representation bee made of y^ Embezzlem' of the
'P ^ Kings Stores which Col Vaughan made while L' Governour,
who in y'^ space of Nine Months Consumd thirty seaven bbs ;
the Copy of whose ace" is herewith sent you ; which consump-
tion is by 30 bbs more than was ever practicable in any gov""-
nours time before ; Now as he had a Comission from y^ King,
rt -^ , he thinks himself beyond y*^ reach of any here of calling him
w) o ] to an ace" neither had his Excellency been inclinable to inter-
rt .J meddle Wherefore wee pray that a Speciall order may be ob-
tained for his answering and refunding y^ same here, or y® val-
ue thereof, as the price curr" then and now is. Viz* at 10' '^
barr". In all amounting to, three hundred pounds ; which oth-
erwise will not only bee a reall damage to y*^ Province, but an
^ (^ill president unto such hereafter as may succeed.
3. That in as much as his Majesty has been pleasd to forbid pow-
der to bee payd by any Merch' men, belonging to Great Brittaine,
which supplyed y^ Usuall Expence of our Castle that the Matter bee
layd before y^ board of Ordnance for his Majts Royall bounty therein.
4. That from time you will diligently inspect into all maner of
Complts that may bee Layd agst y^ Interest of this Governm' and
Province, particularly agst his Excellency, the L* Gov"" and Councill ;
for altho Col Vaughan was crampt in his late projections, wee are well
assured that he is in y^ Boston Cabinett, who have involved the whole
country into a very strange Convulsion the ace" whereof, you have
undoubtedly had from thence.
5. That the duty on Lumber, particularly that on boards, bee en-
tirely cutt off, which will very much propagate the trading of all New
Engld.
6. That You renew Our application to their Lordships of the unrea-
sonableness of M"" Bridgers prohibiting y^ cutting or felling any sort
of timber, above such & such dimentions as Mentioned in the Act
unless that he first Surveys and marks such as are fitt for y*^ Royall
Navy whereupon wee are not only denyed the benefit of timber for
our Necessary Uses, but y® building of vessells So Materially requi-
site for making returns to Great Brittaine ; But that our Sawmills
wilbe overthrown, altho thousands of trees lye perishing in }'^ woods,
which would bee no ways Serviceable to y*^ Crown but greatly Detri-
mental unto some Hundreds of his Maj'" good subjects here and of
BOUNDARY LINE PAPERS. I95
overthrowing our trafifique to y'^ Sug"" Islands which in a circular way
of trade produceth so great a Revenue Unto ye Crown
{^Instructions to Agent Nezvvian^ ] 7 20.]
[Mss. Corr. Vol. i, p. 33,]
Fortsm" N: Hamp'' N Eng'' July 22'' 1720
IVP Henry New Man
S*" The Affairs of this Goverment ffreequently Requiring the
Sollicitations of Some Person at Court Our Generall Assembly In
May Last made Choice of you to be their Agent for that End, and
as an Earnest of their Respects & for Your Encouragement did then
vote you one hundred pounds this Money which Presume his Excel-
lency Gover"" Shute hes heretofore advised you off as alsoe the Lie'
Cover"" —
Here hes been A Long Dispute between this and the Massachu-
sets Goverm' about the Divideing Line and Severall Comissioners
have Sund"" times been appointed by both to Settle it but heitherto
Could never be Effected by them which Proves Injurious to many
Persons that Inhabit on or near the Line who have ben Oblidged to
pay Taxes to both Goverments wherefore that it may be finally
Issued & those Greviances Redressed Since the Goverm** here Can't
doe it them Selves that matter is now to be Submitted to his Majesty
in Council or Lords Commissioners of Trade & Plaintations & In
Order Thereto you have herewith A Comission from this Goverment
to Impower you our Agent and accordingly you are Desired to Lay
the affair before them as may be Proper so Soon as Conveniently may
be & that there May be a Right Apprehention of the Matter You
have herewith a Mapp or Draught which you may Depend is very
Exact & Correct
The Extent of this Prov*^ is all the Land between the Massachu-
setts & Prov*^ of Main our South Bounds is three miles North from
the Mouth of Merrimack River at the Atlantick Ociian or Western
Sea & from thence a West Line in to the main Land So far as the
Massachusetts Extends Our North Line or Bound is Piscataqua
River untill it come to the head of Nichewannick River & from
thence A very few Degrees westward of the North up into the main
Land as on the Southern Line Which bounds are prick out on the
Mapp & Wee Concieve agreeable to the Royall Charter Granted to
Massachusetts but the Comissioners of that Goverment have allway
196 PROVINCE OF NEW HAMPSHIRE.
Insisted on other Lines as are alsoe marked out on the Draught
which if Granted to them would Render this Prov'^ a very Little one
indeed —
Whereas his Majesty hes Lately Prohibited Any Imposition of
Impost or Powder Money On the Merch' Shipps Trading here be-
longing To great brittain which formerly Supplyd the Usuall Expence
of Powder of our Castle & the Stock being now very Low you are
Desired to Lay that Matter before the proper board In Order to ob-
tain the Royall bounty therein & you are to be Vigelent in Deligently
Enquiring into all Compl''' that may made ags' this Present Gover-
ment & in Pursueing Every thing that may be promoted for the Gen-
erall benefit of this Plantation Especially that the Lumb"" from hence
may be Imported into great Brittain free of Duty & the Bounty Con-
tinue'd On navall Stores that the forging of Iron here may not be
Obstructed but Encouraged & that Some better Encoragem' may be
granted for Raising hemp & flax which if Pursue'd this Country
might in a Little Time furnish the Crown with A Considerable Sup-
ply That the Surveyer Generall of the Woods may be Directed to
preserve the Mast Trees after A better maner & not Suffered to ob-
struct his Majesties Subjects from getting such Timber from thence
as is not nor never will be fitt for the service of the Crown of which
there are multitudes of Trees that Are Rotting on the ground that
might make good Lumber fitt for the London & West India Marketts
by the Latter of Which a Considerable Revennue arriseth to the
Crown Wee Desire you will acquint us from time to time of your
proceeding in the Premisses & Salute you with Great Respect as a
Comittee of this Goverment & Are S""
Your Very Humble Serv'^
\Letter to Lt. Gov. WcntzvortJi about Disputed Taxes., 1720.]
[Mss. Prov. Boundaries, p. 20.]
Boston November 28"' 1720.
Sir./ I am directed by His Excellency to inform you that there is
a Complaint made to the General Assembly of this Province by the
Select men of Salisbury of the Hardships they are under by Dis-
traints of your Officers upon the People living near the line ; which
Complaint is supported by the enclosed Testimonies ; His Excellency
is extreamly Displeased That after the orders given by this Govern-
ment to the Town of Salisbury of Levying no Tax upon their Inhab-
BOUNDARY LINE PAPERS. 1 9/
itants near the Borders your Officers should take such violent Meas-
ures, And expects that the Government of New-Hampshire give
immediate Orders that a restitution be made of what has bin dis-
trained from the People living near the Line w*='' if they neglect to do,
He will recall y^ directions he has given to the Officers of Salisbury
to forbear Taxing the Borderers, And thinks your Government will
be Answerable for the Consequences of these Proceedings : I am
Your Hon'^ most obed' humble Serv'
Josiah Willard
To y^ Hon''''^ John Wentworth Esq""
\Tcstiniojiy of Eaton, Can; Webster, and Greeley, 1720.]
[Mss. Prov. Boundaries, p. 21.]*
The Testimony of Ephraim Eaton who Saith y' on y'' 28"' Day of
Aprill 1720. M"" Nathan Longfellow Constable of Hampton demanded
A province rate of me & I refuseing to pay him he seized my person
for s'^ rate & Carried me a Prisoner to Portsm° 8z; further this Dep^
testifieth y^ Ten Dayes after or there ab'* y^ Aboves"^ Constable Long-
fellow seized my Person by Violence & Conveyed me as far as Hamp-
ton for y" same rate & I was force'd to Comply & pay y^ Rate &
Charges to my great Damage rather then go to Prison & further
saith not.
Essex ss. Nov"" y^ 17''' 1720, M"" Ephraim Eaton of Salisbury Ap-
peared before me y^ Subscrib'' & made oath to y^ Truth of all Above
written —
W"' Bradbury Just of y'^ peace
A True Copy Exam^ ^ J Willard Secr^
The Testimony of Sanders Carr who Saith y' on y^ 28*'' day of
Aprill 1720, M"" Nathan Longfellow Constable of Hampton seized my
Person for a Province rate w'=^ he demanded & Carried me to Portsm''
a Prisoner for s'' Rate to my great Damage & further y^ Dep' Testi-
fieth y' Ab' Ten Days After or thereab^^ y^ Aboves^ Nathan Long-
fellow informed me y^he as Constable had seized My Horse for Rates
& I was forced to redeem my Horse w"' money to my great Damage
& further Saith not.
Essex ss. M"" Sanders Carr of Salisbury Appeared before me y^
Subscrib-" & made oath to y^ Truth of all Abovewritten. NoV 17"^
1720.
W"" Bradbury just of y^ peace
A True Copy Exam-^ f J Willard Secr^
198 PROVINCE OF NEW HAMPSHIRE.
The Testimony of John Webster who Testifieth & saith y^ 10*'^ of
May 1720 (or thereab'^) M"" Nathan Longfellow Constable of Hampton
came to me & made demand of a Province rate I told him I had not
money at y*^ Present, his answer was y^ he would not go w^^^out it he
went directly to my Pasture & Seized my Horse & carried him away
& I was forced to redeem my Horse w* money to my great Damage
Essex ss Nov"" 17''' 1720. M"" John Webster of Salisbury Appeared
before me y^ Subscrib'' & made oath to y^ Truth Above written
W"' Bradbury Just of y*^ Peace
A True Copy Exam^ ^ J Willard Secr>'
The Testimony of Andrew Grele Jun"" who testifieth & saith y' ab*
y^ first of June last (1720,) M'' Nathan Longfellow Constable of
Hampton came to my House & Seized my Horse as he s'^for rates &
conveyed him away & Never gave me any Acco' what he did w'*'
Him w'^^ was greatly to my Damage
Essex ss. Nov"" 17''^ 1720. M"" Andrew Grele of Salisbury person-
ally Appeared before me y'' Subscrib"" & made oath to y^ Truth of all
Above written
W'" Bradbury Justice of the Peace
A True Copy Examined ^ J Willard Secr^
\_Reply to Gov. SJuite about Disputed Taxes, 1720.]
[Mss. Province Boundaries, p. 18.]
May it please yo'' Excellency
His Honour the Leiu* Gov'' has ordered me To acquaint your Ex-
cellency, that he has inquired into The misunderstanding, which late-
ly happened between the Hampton Constable, and Ephraim Eaton,
Sander Carr, John Webster, and Andrew Grele, dwellers near the
Partition line of the two Provinces, and that (notwithstanding The
Several affidavits of those men, taken before M"' Justice Bradbury the
17''^ of Novemb"" last Copys of which came inclosed To him in a letter
from M"" Secretary Willard dated q'"' 28 1720 by your Excellency's
direction) He cannot perceive there was any Just grounds of Com-
plaint, for that those men have been taxed and paid rates in this prov :
no less than fifteen years last past, and two of them (viz') Sanders
Carr, and John Webster have taken of this province money upon In-
terest, as Inhabitants within the Same, and here mortgaged their Es-
tates for Security : and further There are Several persons that live
liOUNDARY LINE PAPERS. 1 99
more Southwardly and nearer the borders than the Complanants, who
have paid taxes in this Goverment for Severall years past without
contradiction which will appear by affidavits herein inclosed as also
by the original list of Rates at Hampt" for y^ year 1705 which Shows
in y^ Second & fourth page that Sanders Carr and Andrew Greely
were taxed and paid in that year within this prov :
I am yo"" Excellencys Most obed' humble Servant
Dec- 9"' 1720 Rich'' Waldron Cler Con
\Fragincnt of Letter to Agent Nezvinan^ May 4, 1722.]
[Mss. Corn, Vol. i, p. 43.]
M"" Newman
Sir I am Commanded by His Excellency The Gov'' and The
Hon''''^ The Council to Represent to you their Sense of that para-
graph in the Mass'"^ Charter on which the determination of the Divis-
ional line between this and the Mass^ Goverm' depends The words are
as follow " All that part of New England in America lying and Ex-
" tending from the great River commonly called Monamack alias Mer-
" rimack on the north part, and from three Miles norward of The Said
" River &c —
It is The last words of the paragraph which want Explanation viz'
and from three Miles norward of the Said river which His Excellency
and the board Understand to Intend that from the mouth of Said
Merrimack River Shall be measured Three Miles directly north and
from the end of the S'^ three miles to Run a West line to the western
Ocean and that to be the dividing line between y^ two provinces and
that if it be otherwise as the Mass^ would have it that the Said line
Shall run paralell to the River This The Kings prov : of N Hamp""
must necessaryly be contracted within exceeding narrow limmitts The
S'' River a little above our towns Runing a great length on a north
Course and to y^ eastward of north and for the most part northerly
which They desire you to lay before The Right Honourable the Lords
of trade and plantations which they Think Sufficient w^'^out any pa-
pers to be Sent from hence
200 PROVINCE OF NEW HAMPSHIRE.
\yote about Instructions to JercmiaJi Dnmmer, Agent for Massachu-
setts, 1723.]
[Mass. Archives, Vol. 5, p. 4.]
At A Great and General Court or assembly for His Majesties Prov-
ince of the Massachusetts Bay in New England held at Boston the
2T)^ octo'' 1723.
In the House of Representatives Decern'' 24*" 1723.
Voted that the Instructions sent to M"" Agent Dummer from this
Court the 16"^ July and 23'' of august 1720, Referring to the Line be-
tween this Government and the Government of New Hampshire be
given as Instructions to the joint Agents of the Province that they
use the same with the Several Copies and Draft of Merrimack River
therein referred to according to their best Discretion for the settling
and fixing the Line between us and the Goverm' of New Hampshire.
Sent up for Concurrence John Clarke Speaker
In Council, Decem. 25^^ 1723.
Read and Concurred J Willard sec'ry
Consented to. VV™ Dummer.
Examined ^ J Willard Sec'ry
Copy
\_N. H. Vote for Address to King, 1726.]
[Mss. Prov. Boundaries, p. 23.]
In Coun^ April 29 : 1726 —
Whereas the boundary Lines of this Province have bin Long De-
pending and not yet Settled which is very much to the Damage of
this His Majesty's Goverm' espetially in as much as the Goverm' of
the Massachusets have Lately Disposed of and Lay'd considerable
Ouantitys of Land which is Supposed to be much within the bounds
of this Prov : and are about Granting more of s'' Lands which is a
great Grevance &c —
Voted that there be an Address Drawn up Setting forth y^ s^ Greiv-
ance Praying that it may be Redress'^ by a spedy Settlement of the
Lines betwen this Province & the Mass^ and that y*^ Address be for-
warded to M' Agent Newman to be presented to the King and that
BOUNDARY LINE PAPERS. 201
IVP Agent Newman have One hundred pounds this money sent him
for the Same and other his Good Services —
Ricli^ Waldron Cler : Con
ap'' 30 : 1726 In the house of Representatives
Read and nonconcurred nemine Contradicente
James Jeffry CI"" Ass"'
\_Vote for Instructions to Agent Newman, 1726.]
[Mss. Prov. Boundaries, p. 24.]
In the House of Representatives April 30^'' 1726
Whereas the Bounderies of this Provence have bin Long depend-
ing and as yett unsettled, which is verry much to the Damage of this
his Maj'-'' Goverm* Espessially in as much as the Goverm' of the Mas-
sachusetts have lately dispos^ of and laid out Considerable Quanti-
ties of Land which is Reasonably supposed to be ferr within the
Bounds of this provence, and are about Granting more of the s^
Lands, which is a verry grate greivance
Voted that Instructions be drawn up and sent to M'' Agent New-
man to prosecute & Indavor a speedy settlem' of the lines between
this Goverm* & that of the Mattechusetts boath in length & breadth
in a more Certin manner then yett heath bin don and that m'" Agent
Newman have one hundred pounds of this mony sent him to Enable
him to prosecute the same, & for others his good services and that
Cap' William ffellows & m"" theoder Atkinson be a Committe of this
house to Joyn w*'' a Committe of the upper house to draw up Instruc-
tions to M"" Agent Newman Concerning it.
James Jeffry CI"" Ass"'
In Coun' May 20
Read and Concurr'd & Geo : Jaffry & Rich^ Wibird Esq""^ appoint-
ed for y^ Service above
Rich'' Waldron Cler : Con
\_Mass. Boundary Line Commissioners Appointed, 1726.]
[Mss. Corr., Vol. i, p. 57.]
At a Great and Generall Court or Assembly of his Majestys Province
of the Massachusetts Bay in New England Held May 25'^ 1726.
u
202 PROVINCE OF NEW HAMPSHIRE.
In Council : For Accommodating the Matters in difference be-
tween this Government and the Government of New Hampshire Re-
specting the Line between the Two Provinces
Ordered, That Commissioners be Chosen & Appointed by this
Government to meet with Commissioners from the said Government
of New Hampshire to Adjust & fully Issue the said Difference,
Their Agreement thereon to be laid before the respective General
Assemblies of the said Provinces for their Confirmation, And that
uponsuch Confirmation of the said General Assemblies, His Majesty
be Humbly Addressed by both Governments for his Royal Appro-
bation.
In the House of Representatives
Read and Concur'd, and Ordered, that William Dudley Jonathan
Remington Esq'■^ M"" Thomas Gushing, and Timothy Lindal Esq"",
with such as the Hon''''^ Board shall appoint be the Commissioners to
manage the Affair proposed in the within Vote.
In Council Read and Concur'd ; And Nathaniel Byfield, Addington
Davenport, & Thomas Fitch Esq""^ are Added to the Commissioners
for the Affair aforesaid.
Consented to W'" Dummer
Copy Examined ^'' J Willard Sec'ry
\_Henry Newmaii s Letter to Board of Trade, 1726.]
[Mss. Prov. Boundaries, p. 25.]
To the Right Hono'ble the Lords Comm''^ of Trade & Plantations.
May it please Your Lordships,
I have just now receiv'd Letters from New Hampshire Complain-
ing of the Encroachment of the Massachusets Province, by Selling,
Granting and Laying out great Quantities of Land near the Center of
the Province of New Hampshire, at a Place call'd Pennecook.
I have some time since lodged in the Council office, to be laid be-
fore His Majesty a Memorial requesting that the Boundaries of these
Provinces may be settled, so as to prevent any future Disputes be-
tween their respective Governments, which I presume will be refer'd
to your Lordships ; but as that may require time to be consider'd, I
humbly beg Your Lordships would be pleas'd, in the mean while to
interpose Your Authority for securing His Majesty's Interest in the
Province of New Hampshire, from any Detriment by the Grants
BOUNDARY LINE PAPERS. 20$
already made, and for suspending all Grants of Land on or near the
Boundaries in dispute, till His Majesty's Pleasure therein shall be
known.
I am with the greatest Respect, My Lords,
Your Lordships, most obedient humble Servant,
Middle Temple, Henry Newman
8''' August, 1726.
\_AlH)rd Popple to Henry Nezvvian, 1726.]
[Mass. Archives, Vol. 52, p. 319.]
Whitehall 30'"' Aug^ 1726.
Sir, I have laid the Order in Council of the 9^'' instant referring
your Petition to my Lords Comissioners of Trade and Plantations
about the Boundaries between New Hampshire and the Massachu-
setts Bay before their Lordships, who have commanded me to desire
you will consult with the Agent of the Massachusets Bay, and let me
know when you shall be ready to lay before their Lordships what
you shall have to offer upon Your said Petition I am Sir
Your most humble Servant
Henry Newman Esq*" Alured Popple
\_Extract of Letter frovi Jeremiah Diinivier to Secretary IVil/arel,
Oct. 10, 1726.]
[Mass. Archives, Vol. 52, p. 320.]
****** J observe in the Journall of the House of Repre-
sentatives at their Last Sessions that a Comittee of both Houses was
appointed to draw up Introductions for me relating to the Bound-
aries between Us & the Province of New Hamphire. I very much
want them, because M"" Newman has preferr'd a Memorial on the
same Subject to the King in Councill, which has been referred to
the Board of Trade, And they have writ a Letter to M"" Newman
to conferr with me upon it, Copies of all which papers are inclosed,
I have had an Oppcrtunity of seeing M"' Newman since, tho' I de-
clin'd making any Appointment 'till I receive my Instructions. I ask't
-204 PROVIN'CE OF NEW HAMPSHIRE.
him what the pretenc'ons of New Hampshire are, his Memorial be-
ing drawn in such General Terms that one can understand nothing
by it, he said that their Boundary on the side of the late Colony of the
Massachuset was the middle of Merrymack River, which tho very
Extraordinary doctrine, was not soe surprizeing, as to hear him say
soon after that the true antient Boundary was Nahumkeag the Indian
Name for Salem, and this Secret it seems he was let into by M""
Usher when he was in England last, So that M"" Mason's Title which
New Hampshire has ever oppos'd 'till this Day, is now to be sett up
& carried to an Extravagancy, which he himself never dream't of, as
I casually mention'd that Our Charter was prior to Alason's Deed, it
was answered that Mason derived from one Woolaston and that his
Grant was prior to Ours I must take Notice to you that Six Years
agoe I receiv'd some short Instructions about this affair with some
papers from N° i to N° 7 and a Map. But there should be some-
thing of a Case stating Our Right with the Proofs that support it,
and then the Objections with the proper Answ"""" ffor I can't at this
distance have recourse to you when I am presst with any difficulties.
As to the Papers, they are of no manner of use as not being attested
under the Seal of the Province, And therefore will not be admitted
to be read. This is a Rul'd Case, And out of all Dispute. Others
of the papers are Extracts which for that reason will be refused, as
S"" Ferdinando Gorge's Patent, & the Indian Sachem's. They must
be sent over Entire & Authentick. There will without doubt be the
greatest Councill (we have) retained on both sides, and they are al-
ways very strict and severe as to what papers they admit to be read.
As I was looking over our Map this morning I observed that you
have drawn the line of 3 miles to the Northward of Merrimack
Strait, I fancy they'l insist to have that a Curve line parallell to the
River. But this is only a thought of my own. ******
[iV. H. Vote in Reply to Mass. Vote., 1726.]
[Mss. Prov. Boundaries, p. 26.]
Province of New Hampshire yJ the i*' 1726 —
In the House of Representatives
Whereas a vote of y^ Great & Gen'^ Assembly of his Maj^'^ Prov-
ince of y^ Mass^ beareing date may 25^^ 1726, to appoint Comiss''^ to
meet with Comiss''* from this Province to adjust the line in Dispute
BOUNDARY LINE PAPERS. 205
Between the Provinces, has been laid before us — and a Debate had
thereon —
In answer wee say That this Province haveing Several! Times by
theire Comiss"^ met with Comiss""* from s^ Province in order thereto,
yet no setlement could be agreed upon, Wee haveing by our Agent
laid before his ]\Iaj*'^ in councill y'^ Dispute About both lines, & his
Maj'"-" haveing referred it to a Committee of Lords to Consider there-
of & make Report of their Opinion to his Maj"^ in Councill in Order
to a finall Setlement of both the lines —
voted/ That for the above said Considerations wee think it not
propper to Chuse any Comiss''^ the whole IMatter being submitted to
his Most Gracious INIaj'''' —
James Jeffry CI"" Ass""
In Coun' Eod die
Read and Concurred Rich"^ Waldron Cler : Con
\_Vote of Massachusetts Council, 1728.]
[Mss. Prov. Boundaries, p. 19.]
Province of the Massachusets Bay.
At a Council Held at the Council Chamber in Boston upon Thurs-
day the 13^'' of March 1728.
His Excellency having communicated to the Board a Vote of the
Lieuten' Govern'' & Council of the Province of Ne\V Hampshire
(Pass'd the sixth of March Instant for Prohibiting the Inhabitants of
that Province from Making any Settlements or Improvements on the
Lands near the Dividing Line &c. Conformably to a Vote of this
Board pass'd the twenty seventh of Febr>' last
Ordered that the Secretary send Copys of the two above recited
Votes to His Majestys Justices of the Peace belonging to the Towns
of Haverhill Salisbury & Amesbury with Directions That they take
care That the said Votes be forthwith posted up in the most publick
Places in the said Towns for the Information of the Inhabitants
there. And that he likewise send Copys of the same to the Clerk of
the Peace for the County of Essex to be laid before the Justices at
their next General Sessions of the Peace for the said County
Copy Examined "^ J Willard Sec'ry.
206 PROVINCE OF NEW HAMPSHIRE.
\^Jfass. Coinrnissioners Appointed, 1729.]
[Mss. Prov. Boundaries, p. 44.]
On The Petition of Richard Saltonstall Esq"" Nath" Peasley James
Ayer Ebenezer Eastman and Richard Hazen Jim'' for themselves
and in Behalf of Sundry Others Principal Inhabitants And Proprie""^
of the Town of Haverhill in the County of Essex. —
Praying That this Court would Appoint a Com'^^ to Join with a
Com'^^ that may be Appointed by the Province of New Hampshire
to Accommodate their Differences And Settle a Line Between the
Provinces
In The House of Represent"^ April 10"' 1729
Read and in Answer to this Petition and for Accommodating the
Matters in difference between this Governm^ And the Governm^ of
New Hampshire.
Ordered That Col. Dudley M-- Cook Col° Wainwright M"- Rem-
ington and M"" Thomas Cushing with Such as the Hon^'^ Board
Shall Joine be and hereby are Chosen and Appointed Commissioners
on the Part & Behalf of this Governm^ o meet with Commiss""^ that
may be Appointed by the Governm' of New Hampshire to Adjust
And fully Issue the Said Difference their Agreement thereon to be
Laid before the respective General Assemblys of the Said Provinces
for their Confirmation and that Upon Such Confirmation of the Said
General Assembly His Majesty be humbly Addressed by both Gov-
ernm'^ for his^ Royal Approbation
Sent up for Concurrence W"" Dudley Speak''
In Council April 11''' 1729. Read & Concurd & Nath" Byfield
Addington Davenport Thomas Fitch Timothy Lindall & Theophilus
Burrill Esq''^ or any three of them are Joined in the Affair.
J Willard SecVy
Consented to W Burnet
A True Copy Examined f ■■ J Willard Sec'ry
\Petition of Eastman and Ha::jzen, 1729.]
[Mss. Prov. Boundaries, p. 27.]
To His Excellency William Burnet Esq"" Cap' General and
Governour in Chief in and Over his Majesties Province of New
BOUNDARY LINE PAPERS. 20/
Hampshire in New England, To the Honourable His Majesties
Council «& The Honourable House of Representatives of said Prov-
ince in Generall Court Assembled at Portsmouth The 22'' Day of
April 1729
The Memoriall of Ebenezer Eastman and Richard Hazzen Jun""
of Haverhill, for themselves & in behalf of Sundry Others of the
Principall Inhabitants and Proprietors of the Town of Haverhill in
the County of Essex, who hold under the Antient & Original] Gran-
tees of the Said Town Humbly Sheweth
That Your Memorialists & their Predecessors under whom they
derive their Title of Property from have been setled in the Town of
Haverhill for More than Eighty and Eight Years, Ever since the
Year 1641. Haveing had a Grant from the Province of the Massa-
chusetts Bay ; since which time the Inhabitants there have been in
the Exercise of the Powers, priviledges, and Authorities, which Other
Towns in the Massachusetts Province do hold and Enjoy, And that
your Memorialists and their Predecessors, have at a vast Expence of
Blood & treasure defended that frontier, from the Repeated Inva-
sions & Attacks of the Indian Enemy in the late Calamitous warrs.
The truth of which being So Notorious that no Doubt Can be made
of it. And that we have at no time Exceeded the Limits of Our
Town Grant in the disposition, or Appropriation of Any of Our
Lands.
But so it is May it Please Your Excellency, and Honours, that the
Divisional! or Partition Line between this Province & the Massachu-
setts may probably when Setled Leave part of the Grant of Haver-
hill Township to the Northward thereof, for we are Sensible that the
Northwest Line of Our Township, Runs more then three Miles to
the Northward of Merrimack River, For want of a Settlement of
which Many Inconveniences and Difficulties have Arisen and Still
are likely to Arise and Increase And Your Memorialists think it
almost Needless to Mention that many Irish persons have of Late
set down & setled themselves, within the Antient and known Lines
and boundaries of Haverhill Grant, Under the Authority of this Gov-
ernment which Lands have been so Dearly defended by us as Afore-
said.
Now your Memorialists with all Humility & Submission would Ap-
proach Your Excellency & this Great & Honourable Court & Lay
their Difficult Circumstances before you for your wise & Equitable
Consideration, & first would Suggest and pray that as the Grant &
possession of Haverhill is of So Long Standing we may not be Mo-
lested or Disturbed in the Quiet possession of Our property ; we are
not SoUicitous which Government we are or Shall be Subject to, it
208 PROVINCE OF NEW HAMPSHIRE.
being Our business to be Obedient which is Our Sincere desire and
Resolution And when the Line shall be made Certain & Determined,
we shall Chearfully Obey y^ Laws, & Authority, of that Government
to which we shall be Subjected, but till then we Would renew Our
prayers, that we may not be Ousted of Our so Long possessed prop-
erty. —
And in Order to Settle the Matters in Difference between the Two
Governments, Your Memorialists have Already Addressed the Gov-
ernment of the Mass^ Bay Setting forth the Difficulties we Labour
Under as Aforesaid & praying that some way may be found Out for
Our Relief, — In Answer whereto they have Appointed Commission-
ers to Meet with such Commissioners as may be Appointed by this
Government to Adjust, and fully Issue, the Difference between the
two Governments, The Agreement between them to be Laid
before the Respective Generall Assemblies of the Two Provinces
for Confirmation ; Upon which that both Governments Address
his Majesty for his Royall Approbation of Such Confirmation —
which petition and Order thereon we hope is Transmitted to
Your Excellency & Honours for Your Consideration to which we
Humbly refer. And we trust that Upon Reading & Considering the
Same, with this Our Humble Memorial Your Excellency and Hon-
ours will see Great Cause to relieve us under these Our difficulties,
& that you will appoint a Number of such worthy and Judicious
Gentlemen as You may think proper as Commissioners fully Impow-
ered on the part of this Government, to Meet with the Commission-
ers Appointed & Impowered by the Massachusetts, to Adjust &
fully Issue the Unhappy Difference between the Two Governments
Agreeable to the Vote On Our Aforesaid Petition or that of Your
known wisdom you would Point out some other way for Your Me-
morialists Speedy relief in the Premises whereby the ill Consequences
of what may Otherwise happen may be Avoided And for Your Ex-
cellency & Honours Your Humble Memorialists as in Duty bound
shall Ever pray.
Ebenezer Eastman
Richard Hazzen Jun''
for themselves & in behalf of the Inhabitants of Haverhill
[Vote on Petition of Eastman and Hazzen, 1729.]
[Mss. Prov. Boundaries, p. 33.]
Upon the Petition of Richard Hazen Jun"" & Ebenez"" Eastman for
themselves & in Behalfe of sundry others of the orriginall Inhabit-
I50UNDAKV LINE PAPERS. 209
ants & Proprietors of said Town of Haverill : Praying that y^ Line
Between the Provinces May be Setled &c^
Upon which tis voted That Nathaniell Weare Esq"" and Cap' Josh-
ua Pierce be a Comittee of this house to Joyne with such as the hon^'^
Board Shall Appoint to take into Consideration the said Petition :
and alsoe the \'ote of the Gen" Court of the Mass^ That was voted
in Answer to a Petition from the same "^^sons relating to the Setlem'
of the line between the Provinces & Make report thereof unto the
Gen" Assembly
Aprill y^ 30''' 1729 James Jeffry CI"" Ass'"
In Coun' Eod die
Read and Concurr'd and ordered that M"" Walton & M"" Odiorne
Joyn w''' the Gent" above for y*^ Service above
R Waldron Cler Con
19 Stevens & Sanburn
\Report of Covwiittec on Petition of Eastman and Hazzcn, 1729.]
[Mss. Prov. Boundaries, p. 34.]
Whereas the Petition of Ebenez'' Eastman & Richard Hazen Jun*",
in the Behalfe of themselves & Several others of Haverill setting
forth the Difficulties they Labored under by Reason of the Disputs
and uncertainty of the lines of the two Provinces & that the Gover-
ment of the Massachusets has Chosen a Comittee to Joyne with a
Committee w'^'' Might be Chosen in this Province to meet & Consider
and Settle &c^
The Consideration of the premises Relating to said Petition being
Refer'd to us the subscribers as a Comittee wee Make our Return as
followeth — viz'
That as to the lands which they set forth their long Possess" which
they have had wee are of Opinion that the Comon law Must Decide
that which supports Every Mans Right in his Property : And as to
Chuseing a Committe to Joyn with the Comittee from the Massa-
chusets : Wee have submitted that Matter to the King & hope his
Maj"^ will in a Short time Settle it —
And for the present it would be fruitless for us to Meet for there
has been Severall Comittees Appointed But Could Never agree where
to take their Departure to run the West line and altho their own
Charter is in Plaine Words with Latitude & Longitude : yet they In-
210 PROVINCE OF NEW HAMPSHIRE.
sist on a Crooked line : & unless they will perfix the Certaine Place
where to begin, & so Run a West line wee supose it not agreeable to
their Charter : And wee are of opinion that the place which was the
Intent & Meaning of y^ Charter to begin on the North side of Mer-
rimack River by the Sea & run three Miles North & then a West line
& if they will Comply with that ; That then there be a Comittee of
this Province chosen to Joyn with their Comittee to Run said line &
That line to stand till his Maj''^^ Pleasure be known
May 2^ 1729 Sha*^ Walton ^
Totham Odiorne ', ^
V ,, ^ -.T^ Comittee
Nath"* Weare [
Josh : Peirce j
In the house of Representatives
the within Return was Read and Voted that it be accepted & Sent
up for Concurrence —
May the 2^ 1729 James Jeffry CI"" Ass™
In Coun' Eod die
Read and Concurrd R Waldron Cler Con
\_N. H. Comviittce to Run Line, 1729.]
[Mss. Prov. Boundaries, p. 41.]
In the house of Representatives
voted That Nath^ Weare & Theo : Atkinson Esq''^ and Cap* Joshua
Pierce be of the Comittee from this house to Joyn w*'^ a Comittee of
the upper house to meet the Comittee that may be appointed by the
Province of the Mass-"* Bay to run y^ West line from three miles to
the Northward of the Mouth of Merrymack River and to run as far
West for the '^sent as the Town of Dunstable the West side the
River that runs Down into Merrymack
May 15* 1729 James Jeffry CF Ass™
In Coun' Eod die
Read and Concurr'd & Mess*"^ Walton Jaffrey & PVost appointed to
Joyn w'^ y'^ Gen* above for y^ Service above
M"" Peirce R Waldron Cler Con
BOUNDARY LINE PAPERS. 211
[X. H. Vote about Choosing Counnissioncrs, 1730.]
[Mss. Prov. Boundaries, p. 40.]
In the house of Representatives
Whereas his Maj'''' hath by his yy^^^ Instruction to his Excell"'' Gov""
Belcher, Directed to the Choice of some Discreet and Indifferent per-
sons out of some of the Neighbouring Collonies under his Maj"''^ Ime-
diate Goverment who are to be Invested with Sufficient powers to
Draw the Dividing Lines & to Determine the Dispute Between this
Province & the Province of the Massachusets. —
Voted / That this house in Obedience to the said Instruction & his
ExcelF'^^^ Proposall thereon : will Make Choice of three such persons
as therein are Directed to : in Case the Massachusets Goverment will
do the like in order to have the lines Drawn, and an End made to the
sd Dispute as soone as possible —
August 31 : 1730/ James Jeffry CI"" Ass"'
In Coun^ Eod die
Read and Concurr'd R Waldron Cler Con
\_X. H. Act of AntJiority to Coviniissiojicrs, 1730.]
[Mss. Prov. Boundaries, p. 42.]
^T TT r Mn the house of Representatives.
N Hamp"^ J ^
Whereas his Excellencie our Gov'' hath been pleasd to Lay before
this house his Maj"'^^ yj^^ Instruction in Relation to the Boundaries of
this Province and the Province of the Mass" Wherein tis reccmended
that Each Goverment Choose Discreet and Indifferent '^sons out of
the Neighboring Collonys under his Imediat Goverment with suffi-
cient powers to Draw the said Boundary line and finallv to Deter-
mine y^ Dispute Between the Two Provinces whose proceedings
therein are to be laid before his Maj"'' and be of None P^ffect till his
^^jties Pleasure shall be known Thereon
Voted/ Now in Compliance with his Maj""^^ said Instruction and
that the Ends therein Proposed may be answered being so wisely Pro-
jected ; and whereas the Province of the Mass'"* has Chosen three men
to be a Committee for them on that affaire : Wee conceive if wee
212 PROVINCE OF NEW HAMPSHIRE.
should Choose three menalsoe to Joyn with them ; there Might many
Inconveniences arise. Therefore wee humbly presume that three
Gen* of sincerity & Wisdome may be sufificient to Determine the
same : And as the honb^*^ Adolph Phillips Esq'' of New York was pro-
posed to be Chosen by this Government at the Last Sessions and
since that the Province of the Mass^ has made Choice of him : And
he being a man so agreeable to his Maj'''=^^ Instructions : and Desier-
able by us of New hampshire Wee likewise Make Choice of him
and as the Province of the Mass^ has already Made Choice of the
f^Qj^bie Joseph Talcut Esq'' Govornor of Connecticut for one : Wee Do
Make Choice of the Hon^'"^ Joseph Jenks Esq'' Govornor of Rhoad
Island for ano^er : and these three ^sons to be Comiss'"'' to Come
upon the spot & to setle the lines to all Intents and purposes accord-
ing to the Intent of the said Instruction : and they are hereby fully
Impovvred to Determine the same so far as this Province is con-
cern 'd : And voted alsoe that there be a Committee appointed from
this Province to Joyn with as Many to be Appointed by the Gover-
ment of the Mass-'' to signifie to the above Gen' That they are so
Chosen for the Purposes & Ends affore said : And Pray their accept-
ance and if any of the above said Three Gen* shall not accept or thro
some unforeseen Accident shall not be able to Come Then the Gen'
Chosen by this Goverment to signifie to the above Gen* that they
are Chosen : are hereby fully Impowered to Make Choice of a Prop-
per '^son in the Roome and Stead of Govornor Jenks in Case he do
not accept or Cannot Come ; and the Gen' Chosen by the Mass" for
the like End : to do the like in Case it shall so happen with Govor-
nor Talcut ; And if the Hon*"'^ Adolph Phillips Do not accept or
should be prevented Comming : That then both the Comittees Last
appointed by the Gov^erment^ shall Make Choice of a Propper "^son
in his stead ; and then these Commiss''^ to have the full power as the
■^sons first Chosen to all Intents and purposes : Provided alwayes
that the Mass-'' Goverment agree to the above choice in the manner
above : And that as well the Northern Boundary line between this
Province and the Late Province of Maine be settled by y^ same Com-
miss''^ as the southern line Next the Mass-"*
9'' the 24'^ 1730 — James Jeffry CI"" Ass"^
In Coun' Read and Concurrd R Waldron Cler Con
I Assent To The foregoing Vote J Belcher
[An Act to the above effect may be found in Prov. Boundaries, p.
46. Ed.]
BOUNDARY LINE PAPERS. 213
[^J/ass. Act of Authority to Cojinnissioiicrs, 1 73 o/i.]
[Mss. Prov. Boundaries, pp. 36-39.]
Anno Regni Regis Georgii Secundi Magnae Brittaniae &c Quarto.
An Act made and pass'd at the Great and General Court or Assem-
bly of His Majesties Province of the Massachusets Bay in New
England begun and held at Boston upon Wednesday the tenth day
of February 1 730. —
An Act fully impowering commissioners to determine the bounds
between this His IMajesties Province of the Massachusetts Bay, and
the Province of New Hampshire
Whereas the Grants or charters whereby the Inhabitants of the
Province of the Massachusets Bay hold their lands, declare the
northern bounds to be three miles to the northward of Monomack
alias Merrimack river, and of every part thereof, as may more fully
appear by the said Grants or Charters &c. Concerning which north-
ern line there hath been a controversy for many years past, between
the Inhabitants of the s^ Massachusets, and the Inhabitants of the
Province of new hampshire ; which hath occasioned much disquiet
and great charge and expence in many Law suits ; and the Contro-
versy still lyes open notwithstanding some former attempts for an
amicable decision And Whereas His Majesty hath in his great
goodness been pleased to signify to both Governments his pleasure
respecting the afores*^ controversy, and recommended the peaceable
adjustment thereof — This Court being willing and desirous that a
full issue may be put to all disputes and no more controversy arise
respecting the aforesd boundary line, but that the same may be abso-
lutely fixed, and ever remain indisputable.
Be it enacted by his Excellency the Governor, Council and Repre-
sentatives in General Court assembled, and by the Authority of the
same. That the Honorable Joseph Talcott Esq"" Governor of the Col-
ony of Connecticut, the Honorable Joseph Jenks Esq"" Governor of
the Colony of Rhode Island, and the Honorable Adolph Phillips of
the Colony of New York Esq' be and hereby are fully Authorized
and impowered, after having heard the proofs, pleas, arguments and
Records that may be produced by the Committee to be appointed for
that purpose in favour of either of the Provinces, at such time &
place at or near the Lands controverted, as they the aforesd Joseph
Talcott Joseph Jenks & Adolph Phillips, or any two of them shall
appoint finally to agree and determine where the boundary line shall
be drawn, Provided that no particular persons property shall be af-
214 PROVINCE OF NEW HAMPSHIRE.
fected or in any wise prejudiced for or by reason of the boundary
being fixed and setled as aforesd —
And be it further Enacted That it shall be in the power of the
aforesd Joseph Talcott Joseph Jenks and Adolph Phillips to order an
Equivalent to be given and received by each Government in lieu of
such lands as either of the Governments are in the possession or im-
provement of, by virtue of any Antient Grants or Patents, as the
said Commissioners shall Judge reasonable such lands falling by the
settlement of the Line without the Government that granted them —
And Whereas the Government of New Hampshire very lately sug-
gested, That there is some controversy relating to the boundary Line
between that province and the late Province of Mayn, now part of
the Massachusets province which the s'' province of the Massachu-
sets held originally by purchase from the Assign of S"" Fardinando
Gorge This Government also are willing that the Boundary Line
between the late Province of Main & New hampshire Province
should be made certain determined and fixed by the aforesd Joseph
Talcott Joseph Jenks and Adolph Phillips in the same way, and on
the same Conditions and proviso's upon which the other Boundary is
or may be agreed Provided their determination and Decision shall be
by them reduced to writing under their hands and seals, or any two
of them provided also, that in case it shall happen that any one of the
aforesd three Gentlemen should not appear to undertake & perform
the business hereby committed to them, That then the persons ap-
pointed a Committee on the behalf of each Government to attend
the Commissioners as aforesd or the major part of s"" Committees
agreeing shall choose one other meet person to joyn the other two
commissioners in ordering setling & determining the aforesd boun-
daries ; And in Case the persons appointed on behalf of each Gov-
ernment shall not agree upon a third Person, That then the two
Commissioners that may appear shall have full power & authority to
make choice of a third person, and in Case it shall so happen, that
the two commissioners should not agree upon a third person to Joyn
them in this affair, That then his Excellency Jonathan Belcher Esq""
his Majesties Governor in chief over both provinces be requested &
hereby is fully authorized & Impowered to nominate & appoint a dis-
creet indifferent person to joyn with the aforesd two present Com-
missioners, and the person so chosen either by the persons appointed
for & on behalf of each Government, the two commissioners, or by
his Excellency the Governor, shall have as full and ample authority
to all Intents as the Commissioner that was first appointed, and may
happen to be absent, could have had, or ought to have, if he were
present
I50UNUARY LINE PAPERS. 21 5
Be it further Enacted That Edmund Ouincy Elisha Cooke William
Dudley Benjamin Lynde Jun'' I'^sq""^ and M'' Samuel Welles be a
Committee for and on behalf of this Government to appear at the
time & place to be appointed by the aforesd three Commissioners to
produce and enforce the proofs Arguments and allegations that may
be advanced to maintain this Governments right in holding and en-
joying the land possessed or claimed by them — Provided also that
the Government of the province of New Hampshire pass an act in
substance like this. —
Provided always That the Agreement, final issue and determina-
tion of the Boundaries before in this Act mentioned shall be com-
pleat reduced to writing under the hands and seals of the aforesd
three Commissioners or any two of them, the whole being present at
the hearing of the proofs pleas & allegations of the aforesd Commit-
tees on or before the last day of November next — And Duplicates
sealed up, put into the hands of the Committee of each Government
appointed to Attend the aforesd Commissioners or such of them, as
the respective Committees shall appoint — The charge and expence
that may arise in effecting this affair shall be born and discharged by
each Government in equal halves. —
Copy Examined ^ J Willard Sec'ry.
\_MassacJuisetts Coviviittcc to Attend Covwiissioncrs^ I73I-]
[Mass. Archives, Vol. 5, p. 6.]
Anno Regni Regis Georgii Secundi Magnae Brittanniae &c quarto.
At a Great and General Court or Assembly for His Majesty s Prov-
ince of the Massachusets Bay in New England begun and held at
Boston upon W^ednesday the tenth of February 1730 being Convened
by His Majestys Writs.
March 27*'^ 1731, In the House of Representatives ordered That
m' Cooke, m"" Welles, and m"" Lynde, with such as the honourable
Board shall appoint, be the Committee to Attend upon the Commis-
sioners appointed for the Setlement of the boundary lines between
this Province and the Province of New Hampshire.
In Council Read and Concur'd, and Edmund Ouincy and William
Dudley Esq"^ are joyned in the affair.
2l6 PROVINCE OF NEW HAMPSHIRE.
\_MassacJiusetts Committee Appointed to Agree zvitJi New HampsJm'e
on Draft of Bill, 1 73 1 .]
[Mass. Archives, Vol. 5, p. 7.]
Anno Regni Regis Georgii Secundi Magnae Brittanniae &c quarto —
At a Great and General Court or Assembly for His Majesty s Prov-
ince of the Massachusets Bay in New England begun and held at
Boston upon Wednsday the twenty sixth of May 1731 being con-
vened by His Majestys writs.
June 3'''' 1 73 1, In Council, ordered, That Edmund Ouincy and
William Dudley Escf'' with such as shall be joyned by the honourable
House be a Committee for and in behalf of this Court to meet a
Committee of the Government of New-hampshire at Newbury on
the twenty second instant if this Courts sitting do not prevent them ;
and if so the Committee to give seasonable Notice to the Gentlemen
of New-Hampshire when they will meet them/ in order to agree up-
on a Draught of a Bill to impower Commissioners to setle the boun-
dary line between the two Provinces ; and that Paul Dudley and
Samuel Thaxter Esq''^ with such as shall be joyned by the honourable
House be a Committee to prepare a Draught of Instructions for the
Direction of the Committee beforementioned in the affair.
In the House of Representatives Read and Concurd, and or-
dered, That Elisha Cook, Benjamin Lynde Jun"" Esq'''* and m"" Samuel
Welles be joyned with the Gentlemen of the Board before named
appointed for the Draught of a Bill, and John Stoddard Esq'', m""
Thomas Gushing, and m'' Elisha Bysby for the Draught of Instruc-
tions.
Consented to. J Belcher.
\_N. H. Vote and Amendments^ i73i-]
[Mss. Prov. Boundaries, p. 50.]
May the 6"^ 1730/ In the house of Representativs.
Whereas upon Reading a Transcript of the act of the Great and
Generall Court or Assembly of his Maj''*'^ Province of y^ Mass^ Bay in
New England Relating to the Boundary lines of that Province & the
Province of New hampshire Made and Passed in Ye'' 1731. Laid
before this house by his Excellency Gov"" Belcher. It is observed
BOUNDARY LINK I'AI'EKS. 21/
that the said act of the Mass-" is not correspondent to the Intent of
his Maj'"*"* Instruction for Sethng the Boundary lines —
Therefore Voted That this house adhere to their act Made and
passed in Xewhampshire x'' the third 1730, with these Amendments-
Viz' i) Instead of the words (That then the afforc said Commit-
tee with the Committee to be chosen by the Mass-^ appoint another
person in the Roome of the said M"" PhilHps) there be added : That
in case the said M"" Phillips do not accept (or cannot Come) That
then his Excellency the Govornor of New York be Desiered and
fully Impowered to Appoint som Suitable ^son of that Goverment
in the Room & Stead of the said M"" Phillips —
2) and that Instead of the words (by the Twenty fourth day of
June next) It be Entred. by the Last day of September Next : and
alsoe It be Entred that the Charges be Born by both provinces as
the Comiss''*' Shall adjudge :
3) and that a Clause be added as in the Mass'^ act affore said that
the Comiss""^ Determination on the premises be Drawn up under hand
and Scale & Duplicates given to Each of the said Comittees or such
of them as shall by Each Comittee apponted to receive the same
and that the act of this Province be Amended accordingly —
James Jeffry CV Ass""
In Coun' I^od die
The Vote on the other Side read and nonconcurr'd unanimously
and Voted that a Committe of this Goverm' be chosen to meet a
Committe of the Goverm' of the Mass^ Bay (if they See meet to
Chuse one) at Newbury or Ipswich to confer upon the Acts which
have been already pass'd in Either Province in order to a Settlem' of
the Divisional lines of the Said Provinces, & to project & agree upon
Such a bill (to be Reported to Each Goverm^ by the respective Com-
mittees) as may (if possible) answer so desirable an end — And In
Case the Goverm' of the Mass''' declines chusing a Committe as
above, or if they should chuse, and the Committees should meet, but
not agree, That Then His Excell'^y The Gov"" be earnestly requested
to State y*" Case to His Majesty, that It may be known at home how
free and forward this Goverm* has been in paying a Dutiful regard to
His Majestys Royal and Gracious Instruction relating to the above
affair Rich'' Waldron Sec''^
I\Iay y*-' 6''' 1731 — In the house of Representatives
the above vote of the Concill read and Nonconcurr'd and the house
nemine contradicente adher's to the within vote —
James Jeffry Cle"" Ass"'
15
2l8 PROVINCE OF NEW HAMPSHIRE.
l_Messa£-e of N. H. House to Council, 1731.]
[Mss. Prov. Boundaries, p. 52.]
Whereas by the Verball Message Sent up to the board by Wear
Peirce Atkinson & Clarkson Esq"" Setting forth how unlkely the Pro-
poseall made by his Excelency In his Message by M"" Waldron for
the Appointing Comittes by both Goverm'^^ was to Effect the Setlemt
of the Lines for that Expedient haveing been Tryd & to No Effect
& that this house Adheired to their former Act with Such Amendm'^
as was then Entred in the Vote of this house & that if the Council
would not Concur with this Vote and Amendment that this house
would pass no act nor order but what Should be Exactly conformable
to his Maj^^ Instruction to his Excelency on that head which in Con-
disenton to his Excelencys recomendation this house in Some meas-
ure diviated from notwithstanding which we finde it Ineffectuall &
therefore haveing no hopes of its being Effected with out Application
to his Maj'y In council & by the Encouragem' of Sund''>' Persons
Subscriptions for the Carrying on that affair this house tho' tis their
Duty to See weither the Council would Joyn with them in the Ap-
pointing an Agent to Lay the whole affair before the King In Coun-
cil & in case the Council! Should See meet to Jo}^ with this house
in this Affair we Should readyly convince them that we had the offer
of A Private Subscription to the Value Two or three hund'^ pounds
Sterling from the Members of this house from home this house De-
sires no other Security then their own bill payable to Some Suitable
Person in Great Brittain
May 6 : 1731 James Jeffry Cle"" Ass'"
[ Vote of N. H. Coiincil about Subscriptions, 1731.]
[Mss. Prov. Boundaries, p. 82.]
In Coun' May 6"^ 1731
Whereas by a Verbal Message from the Assembly to the board
by Mess*"' Weare Peirce Atkinson & Clarkson It is declared to be the
Sentiments of the House That The Settlem' of the Province line will
never be adjusted but by His Majesty In Council, and Whereas It
was moved To His Excell^ & The board by the Gentlemen above
named That an Agent may be Chosen To make Remonstrance of
BOUNDARY LINE PAPERS. 219
the affair to His Majesty accordingly and further as the S"" Gentle-
men were pleased to represent that There are a Certain number of
Persons that will subscribe Considerable Sums out of their own pri-
vate purses for carrying on the affair, The Council desire to be in-
formed who the Persons are that are so bountifully disposed, what
Sums they will advance, & when It will be paid, & whether the House
has yet gotten any Security for the Same, Also Expect The original
Subscription's being laid upon the board in order to their passing
upon the afores'' Verbal message
R Waldron Sec'^
[iVi-7i' HavipsJiirc Committee^ 1731.]
[Mss. Prov. Boundaries, p. 53.]
In the House of Represent
Whereas The General Assembly of This Province on the 3'' day
of Decemb'' last pass'd an Act for Settling the boundary lines be-
tween this Province and the Mass^ Bay, and Whereas The General
Assemby of that Province have since done the like, a Copy whereof
has been laid before us by His Exxellency The Governor, by which
it appears that the Two Goverments are yet at a very wide distance
in relation to that affair, and there being no manner of likelihood that
the difference will be accommodated unless by the means of a previ-
ous Conferrence, and we being heartily and earnestly desirous to put
an end to so unhappy a misunderstanding & willing to do every thing
in our power to bring it to an amicable Issue, Do therefore Vote that
a Committe be Forthw^'^ chosen, to meet a Committee of the Gov-
erm' of the Mass^ Bay at Newbury (if they see meet to Chuse one)
on the 22^ of June next to treat w'*' each other & Try whether they
can agree upon Such a draught of a bill (conformable to His Majes-
tys Instructions) as may be agreeable to & pass'd upon by the Gen'
Assemblys of P2ach Province, & that y*^ Said Committes make their
respective reports w''' all Convenient dispatch, and That His Excel-
lency the Gov"" be desired, To Prorogue this Court when It rises to
y* i^' day of July next to receive y^ S"* report & to Act what is proper
thereon, that the Controversy may be ended (if possible) by the first
of November next and That Nath' Weare & Theo : Atkinson Esq"^'
be of the Committe from this House to Joyn w''^ Such as may be
chosen by the board for the purposes before mention'd and y' the
Treasurer suply the Committe w"^ Money for their Charges
May 7''' 1 73 1 James Jeffry ClC Ass"^
220 PROVINCE OF NEW HAMPSHIRE.
In Coun' Eod'" die
Read and Concurr'd and Geo: Jaffrey & Henry Sherb" Esq''^ ap-
pointed for the Service above R Waldron Secretary
May 8"' 1731 I Assent to the foregoing Votes
J Belcher
\Lettcrs from ElisJui Cooke, of Mass. Committee, 1731.]
[Mss. Pro v. Boundaries, p. 57.]
Boston June 21^' 1731
37 yours of the 17* Ins' I have before me & observed the Con-
tents. I have Communicated the same to the house for their Direc-
tions being but two of the Committee at Court this afternoone : How-
ever the Committee from this Goverm' will meet the Committee of
Newhampshire on Tuesday the Eleaventh of July Next at Newbury
if the Gen" Ass"' of your Province Impower yours to meet on that
day —
I am in all sincerity yo"" obliged Humble Servant
Elisha Cooke —
Hon*^'^ Geo : Jaffrey Esq'
vera Copia James Jeffry Cle"" Ass™
July the 1-1731 In the house of Representatives —
Boston June 15"' 1731
Gen' on the second Ins' the Gen" Court appointed a Comittee to
meet you at Newbury in order to agree upon the Draught of a Bill to
Impower Commiss""^ to Setle the Boundary line Between this Province
and Newhampshire and in as much as the Court is sitting here and
in all probabillity will not rise before the Time prefixed by your Court
for the Comittees meeting at Newbury which was to have been on
Tuesday Senett the Twenty Second Ins' It prevents this Courts Com-
mittee Meeting you at that time as otherwise they would have Don
as soone as the Sessions is at an End the Gen' will agree upon a Day
when to Meet you at Newbury and will give you Seasonable Notice
by an Express.
The Messenger waits on you that the affaire may not Drop and so
prevent an Amicable accommodation and put an End to a Long Con-
tention I am Gen' your obliged humble Serv' —
Elisha Cooke
BOUNDARY LINE PAPERS. 221
The Hon''''= Geo : Jaffrey : Henry Sherburn Esq"" Natha" Weare &
Theo : Atkinson Esq"'*
Copia attest James Jeffry Cler Ass"'
In the house of Represen' July i''' 1731
\^Proccediiigs of Council, 173 1.]
[Mss. Prov. Boundaries, p. 56.]
Pro : of 1^ At a Gen' Assembly held at Portsmouth by Adjourn-
N Hamp*" j ni' thursday July i^' 1731
Present In Coun'
His Hon"" David Dunbar Esq"" L* Gov""
Shad^ Walton ^ Joth" Odiorne \
Geo: Jaffry VEsq*"* Hen : Sherburne > Esq"'"
Rich^ Wibird j Rich^ Waldron )
A message from His Hon'' y'^ L' Gov'' To the House of Represent
by y^ Sec'^' to require their Attend^® at y^ Council Board, The Speak''
& House came up accordingly to whom His Hon"" made a Speech &
D'^ y^ Same to the Speak'' (at his request) & y" yy withdrew to y""
own apart m'
A Message to the House by y^ Sec''>' to recommend to y'" y^ re-
vival of the Vote for a Committe to meet a Committee of y^ Mass'^ at
Newbury w^'' Sundry papers relating thereto.
A Message to the House '^ y'' Sec''>' to inquire whether anything
was like to come up to Night, y^ Speak"" answered he tho't not. —
Adj'' til tomorrow 10 a Clock A : M : —
Met according to Adjournm' fryday July 2^ 1731
Present as Above —
A Message to y'^ Board by Mess''^ Jennis & M^Murphy w"' a Vote
for a new method for Settling y*^ Province line w'^'' was nonconcurrd
& sent back by y^ Sec""-' together with a Vote of Coun' for reviving
y^ form'' Vote w'^'' y'' House nonconcurred & sent up by Mess""^ Ste-
vens & Thing who also bro't up a Vote that y* House adhered to
their Vote sent up this day — a message from His Hon''y^ L' Gov"" to
y^ house by Col° Sherburn & y^ Sec''^ to Prorogue y^ Gen' Assm^ to
y^ first Wednesday of September next
222 PROVINCE OF NEW HAMPSHIRE.
[^y. H. Vote in Regard to Coviuiittees, 1731.]
[Mss. Prov. Boundaries, p. 58.]
Province of \ t i ^-i ,st ,-.-,t
New hamps"" J ^^
Whereas the Gen" Assembly of this Province Did on the 7'^ of
May last past, Amongst other Votes Relating to the Boundary lines
Between this Province and the Province of the Massachusets Bay
pass a Vote Chusing & EnabHng a Committee of this Province to
meet a Committee That Should be appointed by the Great & Gen"
assembly of the Province of the Massachusets to Endeavor to Calcu-
late an act to be passed by both Goverments in Order to adjust &
Setle the Lines w'^'' said Committees were to meet at Newbury the
22^^ of June Last past and to Make Return to this assembly this day :
since which the sd Comittee have not heard whether that Goverment
hath proceeded to Chuse a Committee or not, But by Private letters
are Informed that the said Committee could not then meet by which
Delay the whole affair has fallen to the ground : and haveing his
Excellencies Letter to the President of the Councill now before us
Desiering that this house would pass a Vote P^nabling a Committee
of this Province to meet the Committee of that Province at Newbury
the 13"" Curr' with a Direction to have the Gen" Assembly Prorouged
to September Next, by which Delayes the setlement of the line can-
not be finished this fall, all which is Contrary to the Interest of this
his Maj'''^'^ Goverment : and the Intent of his Maj''^^ Instructions
Wherefore In the house of Representatives
Voted/ That this house do not think it for the Interest of the
Province to Chuse a Committee, but to Com into som other Method
and Represent the matter to the Court of Great Brittaine & shew
how farr this Province have proceeded and Endeavored a peaceable
Settlement of the said lines : and pray that his hon'' the Liu' Gov"" &
the Board will Come into the same —
James Jeffry Cle"" Ass"'
In Coun' July 2^ 1731
Read and Nonconcurred — R Waldron Secretary
'^ Jennis & Macmurphy —
In Coun^ July 2^ 1731
Ordered That The Vote of Gen' Assem>' made and past the 7"^ of
May 1 73 1 for appointing a Committe to meet a Committe of the
Mass'^ At Newbury y^ 22"^ June be and hereby is revived & that the
HOUNDARY LINE PAPERS. 223
Committes meet any time between the 12''' of the Curr' month & the
20'^ of August next & that the Said Committes make their report to
the Gen' Assemblys respectively at the first Sessions of the Said
Assemblys after the Committes have met and Concluded upon the
affair R Waldron Secretary
Eod'" Die : In the house of Representatives the above Read and
nonconcurred — James Jeffry ClC Ass"^
Eod'" Die : In the house of Representatives
voted/ That the house adher'd to their former vote —
James Jeffry Clc"" Ass"'
\_Petitiou from N. H. Council, 1731.]
[Mss. Prov. Boundaries, p. 61.]
To the Right Hono'^''^ the Lords Commissioners for Trade & Planta-
tions. —
May it please your Lordships —
We the Subscribers, Members of His Majesty's Council, of the
Assembly & other Inhabitants of this, His Majesty's Loyal & duti-
full, tho Small & poor Province of New Hampshire in America, be-
ing lately disappointed of an Opportunity of Addressing our most
gracious King from the Representatives of our People in General
Court Assembled, and Setting forth the Hardships we Suffer by the
Dispute about the Lines between us and the Massachusetts Bay, This
Disappointment being occasioned by a Sudain Prorogation after one
Day's Sitting by our Leiu' Governour pursuant to Directions Sent
from our Chief Governour from Boston, which was very Surprising
to the House of Representatives here, who at the Instant of Proro-
gation were preparing Such Address ; Do therefore most humbly
pray to be permitted to lay our Said Hardships before Your Lord-
ships. —
When our present Chief Governour was pleas'd to communicate to
us the Royal Instruction for Settling the Said Lines, we received
them with all Thankfullness & Duty and immediately proceeded upon
Naming our Commissioners in the very Manner prescribed in the In-
structions, but our Choice not being approv'd by His Excellency,
and very difficult to find others Qualified we readily came into other
Measures to facilitate the Settlement of the Said Lines, as may ap-
pear by attested Copies of the Proceedings thereupon. All which
2 24 PROVINCE OF NEW HAMPSHIRE.
proving ineffectual, and having too much Reason to believe That our
Neighbours of the Massachusetts do not desire to have the Lines
fix'd, because we apprehend That they are making Settlements, which
will be deem'd far on our Side the Lines, and are frequently exercis-
ing an Authority & Jurisdiction Nine, Ten & Eleven Miles to the
Northward of Merrimack River, by Seizing & carrying away Some of
our Inhabitants, Imprisoning, Sueing & fining them at their Courts,
on the South Side of the Said River, to the great Damage & Discour-
agement of many poor Families. —
We therefore humbly pray Your Lordships Favour, That His Ma-
jesty may be address'd to interpose and give His Ro3^al Orders for
Ascertaining & determining the Lines in Dispute, to which we Shall
Chearfully Submit as we have always done to His Pleasure, Well
knowing His Majesty can have no other Intentions, than the Well-
fare, Prosperity & Ease of His Loyal Subjects —
We further beg leave to represent to Your Lordships, That this
Small Province labours under vast Disadvantages, by being under the
Government of the Same Person with the Massachusetts, As that Prov-
ince is very considerable in Respect to us, and the Gov''^ Salary cheif-
ly arising there : we have been deny'd & cannot at any Time reason-
ably hope for his Assent to Some Acts which wou'd be beneficial to
our Small Province, which if we were under a Seperate Gover"" wou'd
not be deny'd to us, and which might also enable us much better to
pay the Salary which we have already, pursuant to His Majesty's In-
struction Settled upon our Chief Gov"" So as to enable a Gov"" of our
Own to Support the Rank. —
If we might presume to beg this P'avour of His Majesty, it wou'd
be Such an Act of His Goodness as wou'd forever make His Mem-
ory dear to our Posterity as His Royal Person is now to us. —
To mention any other Grievance we feel we fear wou'd Render us
too Troublesome to your Lordships and employ more of your pre-
cious Time, Than our Proportion, and they are Such as might be ea-
sily remedy'd here ; Several of our Towns are at this Time destitute
of any Magistrate insomuch That a Constable has come to the Town
of Portsmouth Thirty Eight Miles to be sworn into his office, and no
Justice of Peace nearer to the Town he came from than Twenty
three Miles ; This Misfortune we labour under by an unhappy Dis-
pleasure conceiv'd against Some of us by our Chief Governour, as we
apprehend Tho' we humbly are of Opinion without the least Grounds,
We having not only comply'd with every Thing be ask'd of us in His
Majesty's Name, But pass'd a Vote for paying him Six Months Sal-
ary beforehand, whereby in Case of Death or Removal, we may be li-
able to pay the Same or most Part thereof to His Successor. —
BOUNDARY LINE PAPERS. 225
Wc take leave of your Lordships, praying an Answer to this Re-
monstrance at your Leisure
We are with all possible Respect
Vour Lordships most obedient & most humble Servants
July y^ lo"' 1 73 1.
Jos'' Peirce David Cargill W'» Brock
J Bradford Josh : Peirce Jn" Rindge
John INLicmurphy Ge" Jaffrey Andrew Wiggin
Theodore Atkinson Benning Wentworth David Jeffries
John Wentworth Joshua Peirce Tho : Packer
[jl/ass. Com7)iittce Appointed^ I73i-]
[Mss. Prov. Boundaries, pp. 64-69.]
Province of the ) t 4-u u f n *. ^- t 1 oti,
Massachusets Bay. \ ^"^^^ ^°"^^ °^ Representatives July 28^'^ 1731.
Whereas His Excellency the Governour hX. his first Meeting of
the General Court (after his arrival here) being the ninth of Septem-
ber last, acquainted them, that His Most Gracious Majesty out
of a tender Care for all His Subjects, had Directed him to propose to
the General Assembly of this Province, and that of Newhampshire, a
Method by His Majesty prescribed for the Amicable Adjustment of
a long and unhappy Controversy, respecting the Boundarys of the
Provinces, which he had communicated to that Government, and they
expressed to him their readiness to bring the Affair to a Friendly is-
sue : This Court, taking the same into due Consideration, and being
sincerly desirous and willing that the Dispute might be adjusted, in
the way and Method pointed out by His Majesty, speedily agreed
upon a Scheme or Projection for effecting the same, which when laid
before the General Assembly of New hampshire in December last,
they would not conform thereto, but passed an Act Impowering Com-
missioners to determin and put an end to these Disputes, provided
this Government would pass an Act of the same kind ; which act of
theirs being laid before this Court at their Session in the aforesaid
Month of December was deemed in several respects insufficient, and
for want of some necessary Proviso's it was apprehended the Commis-
sioners would not be sufficiently Authorized and Impowered so justly
to fix and Determin the Boundary line : To prevent therefore any
such Inconvenience, and that no more Controversys might ever there-
226 PROVINCE OF NEW HAMPSHIRE.
after arise touching the Bounds of the Provinces this Court at a Ses-
sion in February last, passed an Act fully Impowering Commission-
ers to determine the afores'^ bounds, and made provision in several In-
stances, as well as Authorized the Commissioners to Order Equiva-
lents, if by them adjudged requisite, which Provision for Equivalents
their General Assembly took no Notice of. — This act or Law was to
remain firm and Stable forever provided they would come into an Act
like to it in Substance, which that Government did not think fit to
do, when the same was by them Considered at the Session of the
General Assembly on the seventh of May last, but came into a Vote
or Order appointing" a Committee to meet and Confer with a Com-
mittee from this Court at Newbury on the twenty second Of June
last past, if this Court see meet to chuse one in order to agree upon
a Draught of a Bill that might pass both Governments, directing
both Committees to make their respective reports with all conven-
ient speed, that so the Controversy might be Ended, if possible, by
the first of November then next coming, And this Court being at their
present Session, advised of the proceedings of the Government of
New Hampshire from a Just regard to the lasting Peace and Tran-
quility of the Provinces, and to avoid all future disquietudes and pre-
vent a needless Expence of Considerable sums of money and time in
repeating Law Suits on this head; And that His Majesty's Subjects
whose lands border on the Controverted line might live in ease and
quiet, as others the Inhabitants of each Province, they on the second
of June last, raised a Committee to meet a Committee of theirs at
Newbury on the 22^^ of said Month if this Court's sitting should not
prevent them, but if so, seasonable Notice was to be given to the
New-Hampshire Committee, and the time when they could meet
them. — On the fifteenth of that Month this Court continuing to sit,
a Letter was Expressed by a Messenger to their Committee advising
them that the Courts sitting would forbid the Committee from hence
meeting on the day prefixed, as likewise that they should be further
notifyed in Season when this Governments Committee would meet
them which was done by another Express of the 21^^' of June wherein
it was proposed to meet them at Newbury on the 13**^ of July follow-
ing : This Court being now further advised that the House of Repre-
sentatives for the Province of New hampshire in General Assembly
Convened on the first Instant came into a Vote or Order, first declar-
ing what that Court had done respecting the Boundary line at their
Session in May aforesaid, and that their Committee had not heard
whether this Government had proceeded to chuse a Committee, or
not, but by private Letters were Informed the Committee would not
meet them, (tho both Expresses of the 15"' and 21'' of June reached
BOUNDARY LINE PAPERS. 22/
the hands of their Committee seasonably, and were read in the As-
sembly) they also make mention of a Letter from His Excellency to
the President of their Council, which was then before them, desirintr
the House to pass a Vote to enable a Committee of that Province to
meet at Newbury on the afores'' thirteenth of this Instant with a di-
rection to have the General Court prorogued to September next ; Al-
tho at the same time his Excellency the Governour wrote to the Sec-
retary of that Province on the 21^' of June, in which Letter is the fol-
lowing Paragraph " This Assembly being still like to sit some time,
" the Committe here cannot meet the New hampshire Committee
"about the line till the 13"' Prox : of which the Gentlemen here write
" to yours by the Post, I have therefore wrote the President that
" your Assembly must sit the first of next Month and vote to meet
"this Committee according to time; and allowing that their Commit-
tee were not strictly speaking sufficiently notifyed of this Govern-
ments proceeding on this Head ; yet will any one presume or Insinu-
ate that their General Assembly were not well and Seasonably ad-
vised even by Public Letters from their Governour to the President
of their Council and Secretary of the Province as above, both which
they had the full knowledge of That Assembly go on and say, by
which delays the Setlement of the line cannot be finished this fall,
and that such a procedure is Contrary to the Interest of that Gov-
ernment, and the Intent of His Majesty's Instructions, that there-
fore that House did not think it for the Interest of the Province to
choose a Committee but to come into some other Method and repre-
sent the matter to the Court of Great Britain and shew how far that
Province had proceeded and Endeavoured a Peaceable Setlement of
said lines, and prayed his Honour the Lieutenant Governour and the
Board would come into the same, which the Council the day follow-
ing Non Concurr'd and revived the Vote for appointing a Committee,
which the Assembly non Concurr'd and adhered to y*" former vote.
Now Inasmuch as this Court humbly apprehend That His Majesty's
Good and Gracious Design so wisely Calculated for the Peace and
Tranquility of both Provinces would be Entirely perverted if either
this, or the Government of New hampshire should defeat a Compro-
misement of this affair, so much to be desired by such pretences and
Excuses, as are advanced by the Assembly of New Hampshire, For
that House had all the Assurances the Situation of the Public Affairs
here would admit of, that nothing but the General Courts Continuing
to sit would retard the Committee from hence meeting at Newbury,
which will doubtless sufficiently plead for and Justify their non At-
tendance at that time : Duty to His Majesty and their Countreys In-
terest, requiring their attendance here ; Especially if it be Consid-
228 PROVINCE OF NEW HAMPSHIRE.
ered What short space of time it was further referr'd to ; as also the
only Season of the year, for doing such business at so Great a dis-
tance, and likewise the Month of November was as soon as they
possibly expected the affair to be Ended. —
To the End therefore, That it manifestly may appear, That as this
Court from their being first apprized of the Gracious & good Intent
of His Ma I EST y, which when well Effected were well satisfyed would
advance the Interest and growth of both Provinces, so they still re-
main of the same belief and purpose, what in them lyes, strenuously
to Endeavour that the resolutions heretofore taken for bringing that
matter to a happy close might not be frustrated ; not in any measure
moved or Excited hereto under an apprehension that the Govern-
ment of Newhampshire can represent the matter to the Court of
Great Britain in prejudice to this Province, by shewing forth any
delays on the part of this Government attending the whole of the
bussiness, altho the Assembly there adjudged that method advisable
for them to pursue ; Do therefore order and Impower Edmund
Quincy, William Dudley, Eli-sha Cooke and Benjamin Lynde Jun""
Esq''* and M'' Samuel Wells, M"" Elisha Bisby and M"" Edward Shove
(or a Major part of them) to be a Committee in behalf of this Gov-
ernment to meet a Committee from the Government of Newhamp-
shire at Newbury sometime in the month of September next as the
Committee shall agree, then and there to Confer one with another
respecting setling the Boundarys between the Provinces and agree
upon the Draught of a Law, (if so they can) which both Govern-
ments may come into for the full and final Setlement of the line in
Peace. — And that it be a direction of the Committee on the behalf
of this Province that Provision be made in such Bill that all such
lands or Towns which either Government are in possession or Im-
provement of by virtue of any Ancient Grants, be reserved to the
Several Governments both as to Jurisdiction and property ; and that
said Towns be particularly Enumerated in said Bill ; and that such
Equivalent may be given and received respecting Property, as the
Commissioners, who shall be Impowered to determine the Boun-
dary line shall Judge reasonable./ — The Committee to report to this
Court as soon as may be./ —
August 17^'' 1 73 1
In the House of Representatives read & Concurr'd
sent up for Concurrence Jn" Quincy Sp""
In Council August 17'^' 1731 Read and Concurrd —
Sam^ Fyley '^ order of Council
Aug* 25''' 1 73 1 Consented to J Belcher
A true Copy Examd ^ J Willard Sec'ry
BOUNDARY LINE PAI'EKS. 229
{^iV. H. Co)iunitt€c Appointed^ I73i-]
[Mss. Prov. Boundaries, p. 70.]
In the House of Representatives
Voted, That Natha" Weare & Thco : Atkinson, & Joshua Pierce
Esq' Be A Comittee of this House to joyn with Such as Shall be
appointed by the Hon''''' the Council to meet Comittee appointed by
the massachusetts at Newbury on the 30"" Day of September Cur'
there to conferr & See if they can calculate an Act to be passed by
Both Governm'^ in order to Settle the Boundary Lines between the
Two Goverm'' & that the Comitte appointed by this Goverm' be In-
structed Strictly to adhier to his Maj''^^ jf^'' Instruction to his Excel-
ency Govern' Belcher & Exactly to conform thereto in Every Article
& that they do not repair to Newbury to meet the s'' Comittee ap-
pointed by the Massachusetts Untill they Shall be Apprized that the
Massachusetts Goverm' have given the like Instructions to their Com-
ittee Provided alsoe & it is the Intent of this house & tis hereby
Voted Accordingly that in case the Massachusetts Governm* Should
not give their S'' Comittee Such Instruction as is before mentioned
in Relation to his Maj'* jf^ Instruction or if it Should So happen
that the Massachusetts Comittee Should not meet at the Time
aboves'' — or in case they Should not Agree upon the Draught
of An Act according to the Above S'* Jf"^ Instruction that then & in
Such Case the Above mentioned Comittee from this Province be Im-
powered & Directed to write to the Board of Trade giveing an Exact
Acco' of the Proceedings of this Governm' from Time to Time & how
far this Province hath Acceeded to the Settlem' of the S'' Lines & to
Transmitt authcntick copies of All the Acts & Votes passed thereon
& to pray their Lordships favorable Answer thereto & that his Ex-
celency Be Desired to forward Duplicates thereof. —
T the 16. 1 73 1 James Jeffry ClC Ass™
Sent up ^^ Clarkson & M'^Murphee —
\yote of N. H. Council^ I73I-]
[Mss. Prov. Boundaries, p. 71.]
In Council Sep' 18"' 1731 —
Voted That a Committe of both Houses be appointed to meet a
Committe of the Goverment of the Mass-"" at Newbury any time
230 PROVINCE OF NEW HAMPSHIRE.
between the date of these Presents, and the twelfth day of October
next to confer & try whether they can agree upon a bill, to be En-
acted by both Goverments in order to Settle the divisional lines of the
Two Provinces, and that the Committe of this Province Strictly ad-
here to His Maj'y*' 'j'j^'^ Instruction to His Excellency the Gov"" but
that they do not proceed to Newbury, til they hear the Goverm' of
the ]\Iass" has given direction to their Committe to Conform their
draught to the Royal Instruction in that regard made and provided.
— but In Case The Goverment of the Mass^ should not see meet to
give Such directions to their Committe or if the Committes should
not meet, or meet, & not agree. That Then the Committe of this
Province do forthw*'' prepare Copys of all the Acts & Votes (pass'd
on either Side) and put them into His Excellency's hands, who is
hereby humbly requested to transmit the same to His Grace the
Duke of New-Castle, one of His Majesty's principal Secretarys of
State, and Duplicates thereof, to the Right Hon'^'^ the L'^''^ Commis-
sioners for trade & Plantations and further That His Excellency be
desired to make a favourable representation of the affair To His
Grace, and the Right Hon'^''^ the L'^''^ Commissioners aforesaid
Sent down for Concurrence R Waldron Sec''> —
In the house of Representatives Z"" the 20''' 1731
the above vote Read and nonconcurr'd and that the house adher'd
to their former vote —
James Jeffry Cle"" Ass™
\^Vote of N. H. Ho7iSi\ 1731.]
[Mss. Prov. Boundaries, p. 74.]
In the house of Representatives.
Voted/ That Whereas Nathaniell Weare : Theodore Atkinson &
Joshua Pierce Esq""^ are Chosen a Committee of this house to Joyne
with such as shall be chosen by the Council to meet a Committee to
be appointed by the Mass-"* at Newbury to see if they can Calculate
an act according to his Maj"^'' Instructions for Setling the Boundary
Lines between the Two Goverments and in Case they cannot agree
Then the said Committee to Represent the affaire at home by Send-
ing authentick Copies of all the Votes and acts Ba^ that have passed
in this Goverment thereon, Now that the Assembly may be Apprized
of wdiat the said Committee Shall write Voted that the said Commit-
tee do not write any thing as from this Goverment but what Shall
liOLNDARV LINE PAPERS. 23 1
first be read & allowed of by this house : and that his Excellency be
Desiered to adjourn this Generall Assembly to some time in October
Next to receive the said Committees Report that so they May have
an oppertunity to act thereon —
/"^the 21-1751 James Jaffry Cle"' Ass""
In Coun' Kod die
Read and Non-Concurr'd R Waldron
\Rcpori of N. H. Committee, 1731.]
[Mss. Prov. Boundaries, p. 75.]
Pursuant to a Vote of General Assembly made and pass'd Septem-
ber 25''* 1 73 1 We the Subscribers met a Committee of the Massachu-
sets at Newbury the 30^'^ of the Said month, To try whether we
could agree upon a Preliminary Bill for Settling the divisional lines
of this and that Province ; But to no purpose, For the Instructions
which the General Assembly of that Province had given their Com-
mittee, were much Straiter and more against the interest of New-
Hampshire than the Act which that Goverment passed the loth of
february 1730 which the General Assembly of this Province could by
no means agree to ; P'or in the Said Instructions The Massachusets
Committee are directed that Provision be made in the Bill that all
Such lands or Towns which Either Goverment are in possession or
improvment of by Virtue of any ancient grants be reserved to the
Several Goverments both as to Jurisdiction and property, which
if agreed to would bring the dividing boundary (according to our
understanding) at least eleven miles and three quarters to the north-
ward of Merimack instead of three miles, which We utterly refused
to comply with, especially as to Jurisdiction, insisting that the line
which the Commissioners should fix three miles to the northward of
Merimack River according to the intent of their Charter, Should be
the boundary as to Jurisdiction whatever we might consent to in
respect of Property. —
Then those Gentlemen told us they could act no further as a Com-
mittee for as they had particular directions they were Obliged to con-
form to 'Em : However they proposed that as they and We were
Members of the General Assemblys of the Two Provinces (laying the
matter of Jurisdiction aside) to try whether we could agree with
respect to property & equivalents upon which we offer'd to their Con-
sideration the giving and receiving equivalents for all Such lands as
232 PROVIxXCE OF NEW HAMPSHIRE.
had been improved within fence twelve years by planting Sowing or
mowing — Provided Such land had been granted by the Town in
which It lay and the grant and return of laying out fairly entered in
the Town book ten years ; Who in reply thereto told us, they could
not think what we had offer'd any way reasonable w*^'' Concluded our
Conference.
October 6''' 1731 — Benj-^ Gambling
Hen Sherburne Nath" Weare
R Waldron Theodore Atkinson
October the 7^'^ 1731 In the house of Represen'^
the above Return Read & accept*^ James Jeffry Cle'' Ass"^
^^Proceedings of Council^ I'j^i^
[Mss. Prov. Boundaries, p. 72.]
Pro: of I At a General Assembly held at Portsmouth by Proroga-
N-Hamp"" \ tion Ocf 6 1731 —
Present
The Hon^''^ Shad''' Walton Esq"" President
Geo: Jaffry ) -p ,,_ Henry Sherburne ) ^ rs
R Wibird | ^^^ R Waldron \ ^^^
Benj-'' Gambling Esq*"
The Gentlemen that went to Newbury upon the affair of the Prov-
ince lines haveing Sign'd a report of What pass'd there the Same
was laid before the Board by Henry Sherburn Esq"" and George Jaf-
frey Esq"" likewise reported to the Council the Draught of a represen-
tation to be made to His Grace y^ Duke of New-Castle relating to the
Said lines both which were read and sent down to the House "^ y^
Sec'T'
Adj'' til tomorrow 10 o' Clock A M
Pro: N-Hamp'' Met according to Adjournm' S'^"" 7: 1731
Present as Before
A Message to the House by the Sec''^ to desire y'^ representation
Sent down yesterday might be return'd to y^ Board, whereupon y"
same was brot up by Mr Atkinson, and then It was read a Second
time at the Board & Voted to be Accepted & Sent down again for
Concurrence. —
BOUNUAKY LINE PAPERS. 233
A Message to the Board by Several Members of y"-* House w"' a
Vote of the House for an Agent, and Hkevvise a hst of Acts & Votes
voted to be sent the Secretary of State, y^ former of which The Coun-
cil did not think proper to Act upon, The latter the Concurr'd w"'
amendm'^ & Sent it down by y^ Sec''^
A Message to the Board by Two Members of the House w^'' the
Newbury Report voted to be Accepted, and the Vote of Council
upon the representations, beforementiond concur'd But the Amend-
m' of the Council upon their Vote relating to the List of Acts &
Votes nonconcurrd, & a Vote of adherence to their former Vote. —
A Message to The House from the President by the Sec''-' to de-
clare the Prorog'^ of the Gen' Assem^ there to y"^ 25 feb''>' next Pursu-
ant to His lv\cell'^>' the Gov'^ order w*^'' was done Accordingly
\_Appoint incut of John Rindgc, by House, 173 1.]
[Mss. Prov. Boundaries, p. 'jd>.'\
In the House of Representatives
Whereas the Vote of this House of this Day for Appointing Cap'
John Rindge Agent for this Governm' as far as this house could Im-
power him was Sent up to the Council for their Concurrence & Ap-
probation this house haveing not heard weither the Council will Joyn
in that affair with this house or not & that the Matter might not fall
to the Ground Voted that the S"* Rindge be Impowerd by this House
as their Agent & be Invested with the Powers in S'' Vote Mentioned
& for the Ends therein mentioned
S-" the 7"^ 1 73 1 — James Jeffry CI'' Ass"^
Natt' Weare Esq"' Maj"" Bar' Thing
Cap» Millet M"- Benj Thing
Maj'' Jo Wingate Cor" Paul Gerrish Esq""
Pinters their Discents ag' the above Vote
these Descents paid for all by AP Bar' Thing
\_Govcruor Belcher to Lords of Trade, 1732/3.]
[Mass. Archives, Vol. 52, p. 418.]
My Lords
Altho' I have wrote you ~^ this Conveyance ot 5, 8, & 12, Inst' —
Yet the Ship being detain'd, I think it my Duty ;o Say to your Lord-
234 PROVIN'CE OF NEW HAMPSHIRE.
ships, That I have taken all possible Care & Pains, ever since my
Arrival, To have the long contested Boundaries betwixt the Massa-
chusetts & New Hampshire adjusted, according to His Majesty's
Royal Orders to me. But I can See no Prospect of it's being accom-
plisht ; And the poor Borderers on the Lines (If your Lordships will
allow me So vulgar an Expression) live like Toads under a Harrow,
Being run into Goals on the one Side & the other, as often as they
please to quarrel. Such is the Condition of His Majesty's Subjects
that live near the Lines — They will pull down one anothers Houses,
often wound each other, and I fear it will end in Bloodshed, Unless
His Majesty, in His great Goodness, give Some effectual Order to
have the Bounds fixt. — Altho ; my Lords, I am a Massachusetts
Man, Yet I think this Province alone is culpable on this Head, N:
Hampshire has all along been frank & ready to pay exact Duty & Obe-
dience to the King's Order, and have manifested a great Liclination
to Peace & good Neighbourhood, But in Return the Massachusetts
Province have thrown unreasonable Obstacles in the Way of any Set-
tlement, and altho' they have for 2 or 3 years past been making offers
to Settle the Boundaries with New York & Rhoad Island in an open,
easy amicable way. Yet when they come to Settle with N: Hamp-
shire, They will not do So with them — Which seems to me a plain
Argument that the leading men of the Massachusetts Assembly are
Conscious to themselves of continual Incroachments they are making
upon their Neighbours of New Hampshire & So dare not come To a
Settlement — I Say, My Lords, in Duty to the King, and from a just
Care of His Subjects of N'^'' Hampshire, I think myself oblig'd to Set
this Matter in this Light I now do, nor do I ever expect to See it
Settled but by a peremptory order from His Majesty, appointing
Commissioners to do it. And those agreed to by both Assemblies
Feb-^ 1 730/ 1.
Joseph Talcott Esq"", Gov'' of Connecticutt.
Joseph Jenks Esq'', Then Gov'' of Rhoad Island
&, Adolph Philips Esq'', Speaker of the Assembly at N : York,
are Gentlemen of good Ability & Integrity, and altho' the Massa-
chus^'* I fear, will still decline joining in the Affair, Yet I believe New
Hampshire from their desire to Peace & good Order wou'd rejoyce to
See Such a Direction from the King, and be glad to be at the whole
Charge rather than the Dispute Shou'd Still continue. I therefore
humbly pray your Lordships So to represent this Affair to His Ma-
jesty, That there may be an End of Strife & Contention.
And if your Lordships approve of the Bill I now Send you for
Emitting 13ills of Credit on a Foundation of Gold & Silver, and that
I may have His Majesty's Leave for doing it in the Massachusetts, I
nOUNDARV LIKE PAPERS.
235
pray I may also have the Same Liberty of doing it in N : Hampshire,
where they are in great Distress for Something to pass in Lieu of
Money, and without Speedy Help it will be almost imjDOSsible for that
little Province to Support any Trade. —
I have the Honour to be with all possible I'^steem & Respect My
Lords
Your Lordships, most obedient & most humble Servant
Boston Janu'^ 13 : 1732/3 J : Belcher
Lords of Trade
\_Pctition of JoJin Rindge, Agent for Xcii.' HaiiipsJiirc^ to tJic King,
[Mass. Archives, Vol. 5, pp. 9-45.]
To THE King's most Excellent Majesty in Council
The humble Petition of John Rindge of Your Majesty's Province
of New Hampshire in America Esq"" Sheweth
That Your Majesty's said Province of New Hampshire is under
the immediate Government of Your Majesty, and the Lihabitants
thereof, from their first Settlement to this day, have at great Expence
of Blood and Treasure defended the Same against the Incursions of
the Savage Natives as well as of the French in support of your Ma-
jesty's Dominion and have constantly shewn the utmost Duty and
Loyalty to Your Majesty and Your Royal Ancestors and comply'd
with the Royal Instructions in every respect.
That your said Province is very Small, and was and is bounded (to
the South) by the Charter Government or large Province of the Mas-
sachusets, and (on the other Side) by the Province of Maine, which
Province of Maine, since the Year 1691, is become a part also of the
said Great Province of the Massachusets, so that the said Province of
the Massachusets Extends now and ever since 1691 has Extended on
both sides Your Majesty's said little Province of New Hampshire.
That Your said Province of New Hampshire being inclosed (as it
were) between the Several parts of the Province of the Massachusets
is daily encroach'd and usurped upon by its populous and powerfull
Neighbours of the Massachusets both in matter of property and Gov-
ernm' and without Your Majesty's Gracious Interposition will soon be
absorbed and Lost as well in disherison of Your Majesty's Crown as
to the utter ruin of Your faithfull Subjects and Tenants in new
Hampshire who hold immediately of and under Your Majesty.
236 PROVINCE OF NEW HAMPSHIRE.
That Your said Province in New Hampshire never had any Char-
ter but hath ever since the Year 1679 been governed by Commis-
sions granted by the Crown from time to time And all the grants for
the Towns in the said Province have been made under and by Virtue
of such Commissions And the most Considerable Towns settled in
the said Province are call'd by the names of Dover Portsmouth Exe-
ter Hampton Kingston and Londonderry.
That during the Reign of His late Majesty King William the In-
dian Warr and the French Warr interrupted the making many New
Settlements but the several Townships in New Hampshire (as well
as in the Massachusets) made Grants of particular parts of their Lands
to their respective Inhabitants.
That the Townships of Salisbury, Almesbury and Havarill, three
Towns Scituated on the North side of the River Merrimack and
Claimed by the Province of Massachusets And also the Townships
of Hampton Kingston and Londonderry (which are Scituated more
Northerly than the said three last mentioned Towns and are within
the said Province of New Hampshire) having each of them granted
to their respective Inhabitants Several parcels, perhaps of the very
Same Lands as each supposed they had or at least claim'd a right to
do, it so happen'd, that when the Grantees under the said respective
Townships endeavoured in peaceable times to Settle the Same, many
Disputes and Contentions arose as to the matter of Title or property
but which were determined by the Courts in the Massachusets in
their own favour, And one Special Circumstance which guided and
affected the said disputes and in effect determin'd them was that the
people of the Massachusets being much more numerous than those of
New Hampshire (at least as forty to one) would rate, assess and tax
the persons who were Settled really within the Province of New
Hampshire and to the publick Charges in the Province of Massachu-
sets and by their power and Numbers destrain for Such taxes and
even carry off and imprison the New Hampshire Inhabitantes for
pretended Trespasses and Try them and their Causes in the Courts
in the Massachusets where to plead to the jurisdiction (when the })ar-
ties them Selves were to be the Sole Judges in the matter) was to no
manner of purpose.
That in this manner and by these means the Province of the Mas-
sachusets unjustly extended their bounds — Encroach'd upon Your
Majesty's Lands in Your Province of New Hampshire, judged in and
decided their own Causes and prevented Settlements under your Ma-
jesty's Grants.
And the said Province of Massachusets finally and absolutely de-
cided those Causes without possibility of having Justice from Your
BOUNDARY LINE PAPERS. 237
Majesty's determination in Council thereon, because the Sum or mat-
ter demanded from a New Hampshire Tenant for his Share of a pub-
lick tax to the Province of the Massachusets or the fine for Such Ten-
ants pretended trespass on their Lands might perhaps amount to five
or ten Shillings onely, greatly below the Sum for which and Appeal
to Your Majesty in Council is allowed, nor Could a young Settler
possibly bear the heavy Expence of an Appeal and proving in a legal
manner the bounds of each respective Province. And if such young
Settler could have born that vast ICxpence, a Determination on his
Single Appeal could only have Settled the point whether his particu-
lar spot of Land was or was not within the Limits of the Massachu-
sets Charter, and might not have Settled the general Controversy &
quieted the rest of the Inhabitants.
That these sort of proceedings have obliged many of Your Majes-
ty's Tenants in New Hampshire of mere Necessity to Submit them-
selves in their own Defence to the great Province of the Massachu-
sets, who were able to protect them & who extend their Bounds there-
by and reduce New Hampshire to Such Streight Limits and to so
few Inhabitants as will absolutely disable them to support y^ Charge
of Government, and at the Same time and under these Sinking Cir-
cumstances the Pef begs leave to inform Your Majesty, that Your
Province of New Hampshire which used to Contribute to publick
Charges but a tenth part or proportion of what the Massachusets
Contributed has been raised to contribute the fifth part of what the
Massachusets Contribute, which nevertheless Your Maj'>'^ Loyal Sub-
jects of New Hampshire with y'^ greatest Duty and Alacrity imme-
diately acquiesced in it being Your Majesty's Royal Pleasure.
That the forementioned Disputes having happened the said Town-
ship of Kingston and Londonderry in New Hampshire attempted all
reasonable methods to settle the bounds generally between them and
the Massachusets at a very large Expence (near 800" upon each of
those terms) but it produced no effect.
That during the Cessation in the beginning of Oueen Ann's Reign,
the Massachusets still incroached on New Hampshire by Rating or
Taxing People seated near the Sea about five miles North of Merri-
mack River. But Your Province of New Hampshire was So far from
attempting in like manner to Distress the Massachusets Inhabitants,
that orders were then given by the Governour and Council of New
Hampshire that Persons Seated but near the Division Line Should
not be rated at all, and hoped the Massachusets would have given the
like Orders, till the Lines could be Settled and therefore proposals
were made to have Committees chosen both in the Massachusets and
in New Hampshire in May 171 1. but nothing was done by the Mas-
238 PROVINCE OF NEW HAMPSHIRE.
sachusets thereon, and in 171 3 and 171 5 Your Province of New
Hampshire again attempted to have the Lines settled but in vain.
That in December 1719 both the Province of New Hampshire and
the Massachusets appointed Commissioners, but with this difference
that the Com''^ chosen by New Hampshire were directed to settle
both the Southern and Northern Boundaries of that Province but y^
Massachusets Commissioners were to Settle only the Southern Boun-
dary of New Hampshire and those Commissioners met at ISTewbury in
the Massachusets Province, but to prevent Settling any Bounds what
ever, the Massachusets Commissioners then insisted to run a Line
from three Miles North of the mouth of Merrimack to three Miles
North of the head of what they call Merrimack River at Winnispo-
siokee Pond, w'^'^ was a most extravagant proposal, not at all warrant-
ed by their Charter, and would have had the following Consequences,
that as the Massachusets Province already incloses New Hampshire
on the Southside and on the Northside, such a Line, as then proposed,
would have Cutt of all the head or Eastern part of New Hampshire
also, and would have taken from Your Maj'^^ Province of New Hamp-
shire all the settled Towns and Townships of Londonderry and Kings-
ton, and a very great part of Hampton and of Exetorand many other
Lands, so that New Hampshire would only have had two of its old
Towns Dover and Portsmouth left, and not any Land to Enlarge
their Settlements But would have been Confined to a very small strip
of Land bordering upon the sea, and woud have been inviron'd and
Surrounded on all the other three Sides by the Massachusets Prov-
ince ; But the Commissioners for New Hampshire, who had no pow-
er by any Consent to deprive Your Majesty of Your Lands in so ex-
travagant and unreasonable a Manner, wou'd by no means agree to
any such Line, and that Meeting broke up.
That this extroardinary attempt on the part of the Massachusets
Obliged the Assembly of Your Majestys Province of new Hampshire
in the following Year 1720 to put themselves to the Expence of an
agent in London to Sollicite a just Settlement of the Lines here, who
presented Several Representations and Addresses from the Province
of New Hampshire on that head.
That sometime After the said Meeting of the Commissioners at
Newbury in 1719 the Province of New Hampshire chose a Commit-
tee to run a Line 3 miles North of Merrimack River, and the Massa-
chusets also chose a Committee to run that Line and the Commis-
sioners run the Line Seperately, which Lines very nearly agreed so
farr as they were run by New Hampshire, as your Petitioner is in-
formed.
That the Province of the Massachusets have actually sold great
Parcels of Your Majesty's Land not only three Miles North of Mer-
nOUXDARY LINE PAPEkS. 239
rimack but about 40 Miles North of the same, particularly one large
Township called Penicook, and have received a large sum of Mony
for the Same, tho very IManifestly within Your Majesty's Province of
New Hampshire, and tho the purchasers were forbid Settling there by
Your Province of New Hampshire.
That after these encroachments upon Your Majesty's Lands and
Disturbances given to Your Majesty's Tenants in Your Province of
New Hampshire Your Majesty was pleased by Your 'j'j^'^^ Instruction
to Jonathan Belcher Esq"" Your Governor over New Hampshire, (and
also Governor over the Province of Massachusets Bay) to take notice
of the long continuance of the Dispute between the said Provinces,
in relation to their Boundaries and to declare Your Royal Judgment,
that it was for Your Service, as well as for the Peace and Tranquillity
of the said Colonies that the Dispute Should be adjusted and a Line
marked out to Divide the said Provinces in all times to come. And
therefore Your Majesty thereby directed Your said Governor to pro-
pose to the general Assembly of each of the s'^ Provinces respectively
that discreet & indifferent Persons Should be chosen by each of the
said Assemblies out of some of the Neighbouring Colonies under
Your Majesty's immediate Governm' with sufficient powers to draw
the said Boundary Line, and finally to determine the Dispute between
the said Provinces, whose proceedings therein were to be laid before
Your Majesty and to be of no Effect till your Royal Pleasure should
be signified thereon
That the said Instruction was communicated to the Assembly or
House of Representatives of Your Province of New Hampshire the
26''^ day of August 1730 who were desirous to obey Your Majesty's
Royal Commands, that within three days then after they passed a
Vote appointing David Dunbar Will: Wanton and John Witing Esq""-"
a Committee for New Hampshire to joyn with as many to be ap-
pointed a Committee by the Massachusets to Adjust as well the
Northern Boundary Line between New Hampshire and the late Prov-
ince of Maine as the Southern Boundary Line of New Hampshire
between it and the Massachusets according to Your Majestys Instruc-
tions, and resolved that a proper Commission Should be made out by
the Governor to the said Gentlemen and appointed a Committe to
inform and instruct them in the Affair, and that the Charges Should
be born out of the publick Treasury. And afterwards in August,
October and Nov"" 1730 and in April, May July and Septem"" 1731
Your Majesty's Province of New Hampshire passed Several Votes
and Resolutions and appointed Several Committees to meet those of
the Massachusets Bay, in order to Settle the Bound Lines or to
prepare a l^ill to be passed in both Provinces in order thereto, but to
no manner of Purpose.
240 PROVINCE OF NEW HAMPSHIRE.
And on the 24 and 25 of Septem' 1731 the Council of New Hamp-
shire appoint'd Henry Sherburn, Richard Waldron, Benja" GambHng
and Nathaniel Weare Esq''^ and the Assembly appointed Nathaniel
Ware, Joshua Pearse, Theodore Atkinson and Your Petitioner John
Rindge to be a Committee to meet the Massachusetts Committee, in
order to Settle the matter in dispute.
That upon the Seventh of October 1731 the Assembly of New
Hampshire met againe and received a Report from their Committees
that they had met y^ Massachusets Committees at Newbury on the
30^'^ of Septem'' to try to agree upon a preliminary Bill to Settle the
Divisional Lines of both Provinces, but to no manner of purpose, for
that the Instructions which the Massachusets had given their Com-
mittee were much Straiter and more against the Intrest of Your
Maj'y'^ Province of New Hampshire than an Act which the Massachu-
sets had passed in Feb>' 1730, and which the Assembly of New
Hampshire could by no means agree to, in regard the Massachusets
Committee were direct'd by their Instructions to Insist, that Provis-
ion Should be made in the Bill that all Such Lands or Towns which
either Government were in Possession or Improvement of by Virtue
of any Antient grants should be reserved to the Several Govern-
ments, both as to Jurisdiction and Property, which (if agreed to)
would carry the dividing Boundary at least eleven Miles and three
quarters to the Northward of Merrimack, instead of three Miles
which the New Hampshire Committee could not comply with, insist-
ing that the Line which the Commissioners should fix three Miles to
the Northward of Merrimack River according to the Intent of the
Massachusets Charter ought to be the Boundary, as to Jurisdiction,
whatever might be consented to in respect of Property, upon which
the Massachusets Committee refused to proceed any further, saying
that as they had particular Directions they were obliged to conform
to them.
That the said Committee for New Hampshire prepared a Draught
of a Representation to be sent upon that occasion to Your Majesty's
principal Secretary of State relating to the said affair.
And the said Report and Representation were read and approved
of by the Council and Assembly of New Hampshire and were to-
gether with the Votes, Acts and Papers humbly transmitted to Your
Maj'y'^ said Secretary of State accordingly.
And Your Assembly of New Hampshire, by Vote of the said Sev-
enth of October 1731, reciting their unwearied application and the
Disappointments they had met with in Endeavouring to Settle the
Bound Lines and that Your Petitioner John Rindge was coming over
to great Britain, they therefore Voted Your said Petitioner Chosen
nOUXDAKV LINE PAPERS. 24I
and aj^pointed b)' the said Assembly, as an Agent to Represent Your
Majesty's said Province in great Britain with such full Tower & Au-
thority as the House could give about the Premises.
In pursuance of which Power Yo"" Petitioner as Agent for the
House of Representatives of Your Majesty's Province of New Hamp-
shire, as well as in his own behalf, most humbly begs leave to Inform
Your Majesty that the Clause proposed in behalf of the Massachusets
to allow to each Province the Propert}' and Jurisdiction of Lands Re-
spectively seated by them was by no means a fair or equal proposi-
tion, nor was at all Calculated for reciprocal or mutual Benefit, but
would have advantaged the Massachusets Province only who have
encroached greatly beyond their Bounds, whereas in fact your Majes-
ty's Province of New Hampshire hath never Settled beyond its just
Bounds.
Your Petitioner likewise craves leave to Represent to Your Maj-
esty that the Province of the Massachusets has by its Charter cer-
taine limitted Bounds, beyond which they have no Colour of Property
or Jurisdiction, and Such Lands as are not within their Bounds do
unquestionably appertain to Your Majesty as part of your Majesty's
Province of New Hampshire.
That the Dispute between Your Majesty's said Province and the
Massachusets lyes within a very narrow Compass & may (as your
Petitioner is advised) be clearly discussed and Settled here by Your
Majesty's Authority or indeed might with great ease have been Set-
tled in the Provinces had the Massachusets been as well inclined
thereto as Your Province of New Hampshire has all along Shewn it
self. But it appears plainly to be the intention of the Massachusets
to keep this Dispute open and unadjust'd and they think it their In-
trest so to do because, during such time, they have and do incroach
upon Your Majesty's Lands and then expect (as they actually insisted
at the aforementioned meeting) that the Lines Shall not be run
according to the true Bounds of their Charter, but that they Shall
enjoy the property and Jurisdiction of all their Incroachments.
That how^ever manifestly unreasonable and Illegal such pretensions
on their part is, yet your Majesty's Small Province of New Hamp-
shire is and, its humbly conceived, will allways be unable to procure
the Lines to be truly run in America, however obvious and plain the
case appears, because of the great inequality between the two con-
tending Provinces, and the vast Superiority interest and Power of
the said Province of the Massachusets in America over that of new
Hampshire, especialy as both Provinces are under one and the same
Governor, whose Native Interest in the present Case may incline
him to favour the Massachusets, where his whole Fortune lyes and
from whence five parts in Six of his Appointment Arises.
242 PROVINCE OF NEW HAMPSHIRE.
Your Petitioner therefore most humbly beseeches that Your Ma-
jesty would be graciously pleased to determine here the differences
subsisting between the said Provinces touching their Bounds on both
sides of Your Prcvince of New Hampshire. And in order thereto
Your Petitioner humbly begs leave to annex the Map hereunto afifixt
and to represent the following Matters.
1620 That the first Charter granted by the Crown which respects
the matter in Contest was to the Council of Plymouth, and bore date
the third day of November in the Eighteenth Year of King James
the first, and contained a Grant of all that parte of America lying
and being in breadth from forty Degrees to the forty eighth degree
of Northerly Latitude, from y^ Equinoctial Line inclusively, and in
length of and within all the breadth aforesaid throughout all the
Main Lands from sea to sea.
1627 That the said Council of Plymouth by Indenture dated the
19* of March in the third Year of King Charles the first Granted to
Sir Henry Rosewell and others all that part of New England which
lies and Extends between a great River there, Commonly called
Monamack alias Merimack and a certain other River there called
Charles River, being in a Bottom of a certain Bay there commonly
call'd Massachusets Bay. And also all Lands and Hereditaments ly-
ing within the Space of three English Miles on the South part of the
said Charles River or of any and every part thereof, and also all
Lands and Hereditaments within three english Miles to the North-
ward of the said River called Monamack alias Merrimack, or to the
Northward of any and every part thereof, and all Lands and Here-
ditaments Lying within the limits aforesaid North and South in Lat-
itude and in breadth & in length and Longitude of and within all the
breadth aforesaid throughout y^ Main Lands there from the Atlan-
tick and Western sea and Ocean on the East part to the South sea
on the West part.
1628 That the said King Charles the first by Letters Patent under
the great Seal of England bearing date at Westminster the fourth
day of March in the fourth year of His Reign, did grant and con-
firm to the said Sir Henry Rosewell and others all the said Lands
lying and Extending between the Bounds and limits in the s^ last re-
cited Indenture expressed. And also Created and made the said Sir
Henry Rosewell and the other Persons therein Named a Corporation
by the name of the Governor and Company of the Massachusets
Bay in New England.
That the said first Grant from y*^ Crown to the Massachusetts con-
tained all the Lands from sea to sea between Merrimack and Charles
River and also three Miles South of Charles River and of every part
BOUNDARY LINE PAPERS. 243
thereof and three Miles North of Merrimack River and of every part
thereof.
That after the aforesaid Grant by the Council of Plymouth and
some other Grants made by them the said Council of Plymouth in
the Year 1635 Surrendered their Grant (of the eight Degrees from
sea to sea) to the Crown.
16S4 That in Trinity Term in the t,6^^' Year of King Charles the
Second Judgment was given in the Court of Chancery upon a writ
of Scire facias against the said Governor and Company of the Mas-
sachusets Bay in New England that the said Letters Patent to them
of the fourth of March in the fourth Year of King Charles the first
Should be Cancelled Vacated and Annihilated, and for Several Years
following that time, the Massachusets had no Charter.
That in the Years 1627 and 1628 when the first Grant and Confir-
mation was made to the Massachusets the Coast of New England
was very imperfectly known, much less the Course of the Rivers up
in the Country, or the Inland parts of that Continent.
That the great River Monamack alias Merrimack empties it self
into the Atlantick sea or ocean, and Your Petitioner humbly con-
ceives it is very Clear from y^ Express Words of the first Grant and
Confirmation to the Massachusets that they were then to have in
length from the Atlantick sea or ocean on the East part to the
South Sea on the West part and in breadth from three Miles North
of ^Merrimack River and to three miles South of Charles River which
of Force must be east and west Lines.
And the Course of the River Merrimack (which is the matter
more particularly in Question) Strongly fortified that opinion, as the
Course was pretty near due West up into the Country, the same
upon later and more certain and exact enquiries having been found to
keep that Course generally not only for y^ Space of aboute fifteen
Miles which the Tide flows to, but even for about 35 Miles from the
sea in all which Space the general Course is West inclining in some
place a little to the Southward of the West and in other places a
little to the Northward of the West. And then a River which the
Massachusets would also call Merrimack turns off at Dunstable and
runs a general North Course (or pretty much so) for the Space of
about fifty five Miles, sometimes inclining to the Westward of the
North and, othertimes inclining to the P^astward of the North, and
then it runs near North East about twenty Miles further to Winnis-
pisiokee Pond or Lake.
That it was always understood by the said Province of the Massa-
chusets under their first Charter that their Northern Bound, from sea
to sea, was to run due West notwithstanding their said first Charter
244 PROVINCE OF NEW HAMPSHIRE.
gave them three Miles North of Merrimack River and of every part
thereof & accordingly they insisted in the manner herein aftermen-
tioned.
That before the said first Charter to the Massachusets was Vacated
as aforesaid M"" George and Mason having Petition'd his late Majesty
King Charles the Second in Council complaining of Encroachments
then made by the said Province of the Massachusets the Governor
and Company of the Massachusets Bay in New England presented
to His then Majesty in Council a brief Declaration of their Right
and Claim, wherein they expresly Asserted that their then Pattent
according to the express Terms therein contained without any Am-
biguity or Colour of other Interpretation lay between two East and
West paralel Lines, drawn from the most Southerly part of Charles
River and the most Northerly part of Merrimack, with three Miles
advantage upon each, being to extend in full Latitude and breadth
from sea to sea. And therefore they insisted that it could not be
bounded by many hundreds or by infinite numbers of Lines as the
River Merrimack made Bends or Angles in two hundred Miles pas-
sage from Winnispisiokee Lake to the mouth thereof which to im-
agine (they declare) would be irrational and would involve themselves
and any Borderers in many inextricable Disputes.
That however the said Governor and Company then contended for
their Northern bound Lines running due East & West yet they
seem'd to insist that the said Northern East and West Line Should
be three Miles North of the most Northern of every or any part of
Merrimack River founding themselves upon some words which they
construed that way in their then Charter.
1 69 1 That on the Seventh of October in the third Year of the
Reign of their late Majesties King William and Queen Mary, a New
Charter (materially diferent from the former) and under which only
the Massachusets can now claim was granted to the Province of the
Massachusets Bay, and thereby the Massachusets Bay, New Ply-
mouth the Province of Main the Territories called Nova Scotia and
the tract of Land between Nova Scotia and the Province of Main
was erected united and incorporated into one Province by the name
of the Masachusets Bay.
And by the said Charter their Maj''^^ granted the Bounds and
Limits in the following words namely. " All that part of New Eng-
" land in America lying and extending from the great River com-
" monly called Monamack alias Merrimack on the North part, and
" from three miles Northward of the said River to y*" Atlantick or
" Western sea or ocean on the South part, and all the Lands and
" Hereditaments whatsoever lying within the Limits aforesaid and
BOUNDARY LINK I'APEKS. 245
" extending as far as the outermost Points or Promontories of Land
"called Cape Codd and Cape Alallabar North and South and in Lat-
" itude breadth and in Length and Longitude of and with all the
" breadth and Compass aforesaid throughout the main Land there
" from the said Atlantick or Western sea or Ocean on the East part
" towards y"^ South Sea or Westward as far as our Colonies of Rhode
" Lsland, Connecticut and the Narraganset Country. And also all
•* that part and portion of Main Land beginning at the entrance of
" Piscataqua Harbour, and so to pass up the same into the River of
" Newickwanock and thro the same into the furthest head thereof
'•and from thence Northwestward till 120 Miles be finished. And
" from Piscatacjua Harbor mouth aforesaid Northeastward along the
" sea Coast to Sagadehock. And from the Period of 120 Miles afore-
" said to cross over Land to the 120 Miles before reckoned up into
" the Land of Piscataqua Harbour thro Newichwanock River. And
" also the North half of the Isle of Shoals together with the Isles of
" Capwock and Nantucket near Cape Codd aforesaid. And all the
" Lands and Hereditaments lying & being in the Country or Terri-
" tory commonly called Acadia or Nova Scotia, and all the Lands and
" Hereditaments lying and extending between the said Country or
" Territory of Nova Scotia and the s'^ River of Sagadehock or any
" part thereof.
That the Northern Bounds of the first Tract or part of Land there-
by granted were to be three Miles North of the great River of Mon-
amack alias Merrimack. And as the Massachusets had contended
under their former Charter to have their Northern Boundary to be a
due East and West Line, altho their first Charter would Scarce admit
of such a construction their Northern Boundary being directed to be
three Miles North of Merrimack River or to the Northward of any
and every part thereof ; So the last Charter Seems to have avoided
that doubt by solely directing the North Bound (now) to be three
Miles Northward of the great River of Merrimack, leaving out the
former words of three Miles Northward of any and every part thereof.
That under this new Charter Your Petitioner is advised the Prov-
ince of the Massachusets Bay cannot claim for their Northern Boun-
dary towards Your Majesty's Province of New Hampshire any more
than a due East and West Line, to begin from the Atlantick or Wes-
tern sea or Ocean three English Milps due North of the mouth of Mer-
rimack River.
And Your Petitioner is advised that if that Should be so deter-
mined the Southern Bounds of Your Province of New Hampshire
might with very great ease and clearness be then ascertained.
That the said Province of the Massachusets Bay cannot legally pre-
tend to have their Northern Bounds be 3 Miles North of the head of
246 PROVINCE OF NEW HAMPSHIRE.
Merrimack River or what they woud now call Merrimack River
near or at the great Lake or pond called Winispisiokee be-
cause that part of the River is not nor ever was called by
the Indians Merrimack, but only the lower part of it from the sea or
Mouth of the River about twenty Miles up into the Country for which
space it runs very near East and West was called Merrimack, and
because if Your Petitioner were to admitt that even to the head of
that River was really called Monamack or Merrimack, Yet they can-
not be pretended to be the great River of Merrimack, mentioned in
the New Charter, seeing the largest part of the River (which must be
understood when called the great River is like other Rivers at the
mouth of it next the sea and when it has run pretty near west) but
about Sixteen miles to Haverill it then so far ceases to be a great
River that the Tyde does not flow up into it, and a Little above Ha-
verill it's fordable, and in Summer time Dry, which therefore cannot
be understood to be the great River mentioned in the Charter. And
there is another Matter also in the New Charter which will not ad-
mitt of the Massachusets Northern Bounds running East and West
at three Miles North of the head of what they call Merrimack River,
because the Next distinct parcell of Land granted to the Massachu-
sets by the New Charter Skips (as it were) over Your Majesty's Prov-
ince of New Hampshire and begins again at Piscataque River (more
northwards than New Hampshire is) and Grants to the Massachusets
the Lands there formerly called the Province of Main and other Lands,
again Yet more northward than the Province of Maine, but such a
Construction as to take the Northern Bounds of the first granted
Lands to be three Miles North of the head of Merrimack River would
include Your Majesty's whole Province of New Hampshire which
had many Years then before been a Setled Province by the name of
New Hampshire, and is not once mentioned throughout the whole
Charter, tho all the other Provinces or Colonies, intended to be here-
by granted, are by name Expressly mentioned and woud make the
said new Charter vain in granting de novo the said other more North
ern Lands as the Province of Main &c^ and seeing that under such
a Construction they woud have being already granted within the
Bounds of the Lands granted in the first part of the Charter.
That the New Charter for the Massachusets does as Your Peti-
tioner is advised in another respect direct the running a West Line
for the Northern Boundary of the Antient Massachusets Colony as it
directs the Line Shall begin from the Atlantick sea on the East Sec"*,
and run to the South on the West part, or so farr towards the South
sea (or Westward) as the Colonys of Rhode Island Connecticutt and
the Narrhagansett Country.
nOUNDAKV LINE PAPERS. 247
And that as the New Charter has directed no other Course that
that Bound Line shall run, it must be taken to be a Streight Line or
a Due West Course.
Also that from the plain words of the Charter, the Bound Line is
to begin at the sea, at the Atlantick sea, three Miles North of the
great Merrimack River and not to begin as woud now be contended
by the Massachusets up at an uncertain small head of a River within
Land fifty Miles Westward up in the Country, where the Scituation
cannot be Supposed to have been so well known as upon the Coast
which must have been first discovered and longest and best known.
That the great disputes which have hitherto Subsisted between the
Province of the Massachusets Bay and Your Maj'>'^ Province of New
Hampshire have been relating to the said Line three Miles North of
the great River of Merrimack.
But as the Massachusets also Adjoyn to Your Province of New
Hampshire on the North side by that which was formerly the Prov-
ince of Main, and which by their New Charter was granted to them,
Your Province of New Hampshire have too much reason to appre-
hend the like difficultys in Setling that also, especially as the Massa-
chusets have never been willing to run that Bound Line, unless Your
Majesty shall be gi-aciously pleased to determine those Bounds also,
by explaining the New Charter granted to the Massachusets, which
in that Respect has directed the Bounds to begin at the entrance of
Piscataque Harbour and so to pass up the same into the River of Ne-
wichwannick, and thro the same into the farthest head thereof, and
from thence North Westward till 120 Miles be finished, the Term
North W^estward in Sailing and in Geography not Importing as your
Petitioner is Advised a Line due North West, but a North Line part
of a Single point of the Compass to the Westward of the North.
Now forasmuch as Your IMajesty's Prerogative and Interest and
the Peace and Quiet of Your Faithfull Subjects, and the Settlement
& Improvement of the Countrys in those parts are all greatly Affect-
ed by the said Disputes remaining open and unsettled, And for that
Your Province of New Hampshire hath already Endeavoured, from
time to time, by all possible means in their power to Adjust the same
upon the spot, but without any manner of Sucess, And is at this
time under so many hardships and Oppressions from the Province of
the Massachusets that above 500 Inhabitants have (as Your Petition-
er is informed) lately sent over their heavy Complaints on this affair
to Your Majesty's Commissioners for Trade & Plantations
Your Petitioner most humbly beseecheth Your Maj'>'^ Gracious Con-
sideration of the Premisses, and that you will be pleased to appoint a
Day for hearing Your Petitioner by his Councill, as also the Agent
248 FROVIN'CE OF NEW HAMPSHIRE.
for the said Province of the Massachusets Bay hereon, And that Your
Majesty will be pleased by Your own Royal Determination to declare
and Ascertain the Several Boundarys of Your said Province of New
Hampshire and to afford all such releif to Your faithfull and op-
pressed Subjects and Tenants in the Premisses as to Your Majesty's
great Wisdome & Justice shall seem meet
And Your Petitioner as in Duty bound shall ever pray
Exd
[X. H. House to Gov. Belcher, 1732/3.]
[]Mss. Prov. Boundaries, p. 80.]
May it Please Yo'' Excellency
This house haveing rec"^ ]Many and great Complaints of the Ex-
treem Difficulties his ]\Iaj"^^ Subjects in this prov^ Labour under by
the Incroachments of ou[r] Neighbours the Inhabitants of the Mass^
which are Dayly Made on the land of the Inhabitants of this his
Maj"^ prov^ p''ticulerly in the Towns of Bow Londonderry & Kings-
town Some of which Towns have greatly Suffered by haveing their
Inhabitants, carryed into the County of Essex in the prov® of the
Mass* & there Tryed & Condemned in great Cost Even to the Im-
poverishing the S^ Towns, Some of which Towns ^""ticulerly the
Town of Bow, who Erected a House for Defence in Case of a war
and for the Publick Worship, was burnt & Distroyed, which greatly
retards the Settlements of the S'' Town and if not Prevented will ren-
der it Impracticable to Settle the Same, According to the Intent &
Meaning of their Charters, Wherefore this House Begs leave to Ad-
ress Yo"" Excellency, in behalfe of those poor Distressed People, and
pray that yo'' Excellency would be pleased to recomend to the Gen"
Assembly of Your Other Goverm' that they put a Stope to all Such
proceedings untill his Maj"*^ Shall graciously be pleased To Order the
Settlem'® of Boundary Lines, and to Assure yo"" Excellency that this
House will readily Joyne with Yo"" Excellency & the Hon^'« the Coun-
cill in passing any Votes that Shall be thought Necessary on the part
of this province to Effect the Ends aforesaid
In the House of Rep''sentatives March 7'^ 1732/3
Geo Walton CK protem^
BOUNDARY LINE PAPERS. 249
\_Votc to Snsffiid Lazvsitits, 1732/3.]
[Mss. Prov. Boundaries, p. 79.]
In the House of Representatives 9"' March 1732
Whereas great inconveniences arise, by the frequent Lawsuits,
commenced against people claiming property in the Land near the
boundary lines, between this Province and the Province of the Mas-
sachusetts, which greatly Impoverishes all that are concern'd therein,
and no ways Ouietts the People in their possessions, or Confirms their
property, for what hath been done by one Government, hath often
been reversed and undone by the other, which creates great and
needless expences & trouble, to the poor Inhabitants on those Contro-
verted Lands —
Wherefore Voted that no Action of trespass Or Ejectment, be com-
menced from and after the first day of May next, against any person
either for trespass, or tryall of title on any of the aforesaid Lands in
Controversy between y*^ Governments untill the lines be ween the
Government's are determin'd, & Settled or till further orders, Pro-
vided Nevertheless, that this Vote shall not be in force, unless, the
Governm* of the Massachusetts pass a vote in Substance like this,
& to Continue, for the same Time —
George Walton CI"' protem>'
In Coun^ March 10'^ 1732/3
Read and Concurrd R Waldron Sec''^'
Same day Consented to J Belcher
[^Extract of Letter from Agent Wilks to Secretary Willard, Feb.
12, 1733/4-]
[Mass. Archives, Vol. 52, p. 430.]
M"" Secretary Copy ~i^ Cap" Crocker.
S"" I have the Honour to advise you of my having duly reced y*^
Instructions & Papers Ordered by the Generall Court relating to the
Boundaries between the Province of y^ Massachusetts Bay & New
Hampshire also Instructions to Apply for releif against the Paying
sixpence per month to Greenwich Hospital so far as it affects the
Fishery.
17
250 PROVINCE OF NEW HAMPSHIRE.
In Obedience to y^ former I have several times Attended at the
Board of Trade upon Notice from the other side & about ten days
ago their Lordships heard what we had to offer.
I observed first that Cap" Ringe was not Appointed by y*" Gov-
erment of New Hampshire to petition in this affair but by the House
of Representatives only. And the sole power about setling their
Lands being in the Govern"' & Councill who not having joyn'd in the
Application should their L'dships proceed to settle the Line, and it
not prove to their liking an objection might be made that they were
not heard upon it, & therefore the determination should not be bind-
ing on them.
The Solicitor on the other side signified a Surprize that such an
Objection should be made after the Petition had been before His
Majesty refered to a Committee of Council & from thence to that
Board &c^ after some farther Debate their Lordships determin'd not
to allow it. I then Acquainted their Lordships I was fully Instructed
to say in behalf of the Province of y'' Massachusets Bay that they
were ready and willing to have the Boundaries setled & would Submit
the whole matter without any limitation to the determination of Com-
missioners to be appointed for that purpose.
In Answer to that the Solicitor for New Hampshire took great
pains to convince their Lordships of its being necessary first to ex-
plain the Words in the Charter which fixes the Bounds to be three
Miles to the Northward of the River Merrimack.
The Debate lasted a great while, and will be too tedious to Repeat,
At last their Lordships asked me if I had Authority to engage in be-
half of the Province that a determination should be submitted to of
Commissioners Appointed by that Board out of the neighbour^ Gov-
ernments & that they should have the matter refer'd to them w^out
any Limitation I Answered I thought I had. Upon which I was di-
rected to give it in Writing in as clear & ample a manner as possible
against another day & so Adjourn'd.
I have since left with the Secretary a Writing for that purpose
Copy of which you have inclosed but as I found my Instructions
silent about submitting the matter to be determined by Commission-
ers Appointed from hence I have been with some of the Lords, and
am making what Interest I can that the affair may be put off till I
write to N E : & receive Answer with full Authority to lay such a
Submission before their Lordships as seems to be required. And that
the other side do the same to New Hampshire, but this is a matter
still depending. If it be agreeable to the General Court to submit
the affair in such a manner, it may be proper to furnish me with
ample Instructions by the very first Oppertunity to be made use of,
BOUNDARY LINE PAPERS. 25 1
if there be no other determination in y*" mean time, Also to send me
the Names of some persons that shall be thought proper for Com-
missioners that I may recommend them to the l^oard whose favour in
this affair I have great hopes of.
I Apply 'd to M"" Dummer for the Papers I was directed but that
intituled a State of the Case he has mislaid & can't find it the rest he
gave me. * * * *
\_Massac/i7iscfts Submits to Settlement by Coviviissioncrs, 1 733/4-]
[Mass. Archives, Vol. 5, p. 50.]
To the Right Hour''-" The Lords Commissioners for Trade and Plan-
tations —
My Lords
Pursuant to Instructions I have receivd from the great & Generall
Court or Assembly of his Majestys Province of the Massachusetts
Bay in New Eng^ in relation to the Petition of M'' Rindge touching
the Controversy between the said Province of the Massachusetts Bay
& New Hampshire about their Bounds and praying a settlement
thereof, I do hereby as Agent of the said Province of the Massachu-
setts Bay & for & on their behalfe humbly Submitt it to Your Lord-
shipps, & do hereby Consent & agree, That the Said Boundarys may
be determined & Settled by wise disinterested Persons of the Neigh-
bouring Governments to be Nominated & Appointed for that pur-
pose by His Majesty or yo"" Lordships, and I do further Agree and
Consent for the said Province of the Massachusetts Bay that the said
Commissioners shall have the matter in Controversy left to them
fully and without any Limitations, saving only that the Lines how-
ever they m.ay happen to be run do not Affect the Property of Par-
ticular persons.
All which is with the Utmost Defference Submitted to Your Lord-
ships consideration by my Lords
Your Lordships Most Obedient and Most humble Serv'
[Francis Wilks, Mass. Agent.]
London y'= 15"' February 1733/4
252 PROVINCE OF NEW HAMPSHIRE.
[Petition of John Rindge to Conunissioncrs for Trade and Planta-
tions, 1733/4-]
[Mass. Archives, Vol. 5, p. 47.]
To the Right Hon^''^ The Lords Commission''^ for Trade and Planta-
tions.
The Humble Petition of Jn" Rindge of his Maj^'" Province of
New Hampshire in America Esq"" Sheweth/
That your Petitioners Petition to His Majesty in Council, praying
His Majestys Determination & Ascertainment of several Boundarys
of his said Province of New Hampshire having been referred to a
Committee of His Majes^^ most Hono'^ Privy Council, and again to
Your Lordshipps ; The Agent for the Province of the Massachusetts
Bay, instead of puting in an Answer thereto, on the strict Point of
the Bounds, as by yo"^ Lordships order of May last (Nine months
ago) he was commanded, has at last, laid before Yo"" Lordships, his
Submission, that the Lines in Controversy, should be run by Com-
missioners to be Appointed by His Majesty, or Your Lordships, and
to be taken out of the Neighbouring Provinces, or to some such
Effect.
That Your Petitioner Apprehends the Lines must of Necessity be
run upon the Spot, by Commiss""^ there, And can have nothing to ob-
ject to the same, being done by Persons to be Authorized for that
purpose by Commission under the Great Seal here ; Which Commis-
sion (Your Petitioner humbly prays Yo'' Lordships) may direct a short
limited time for y^ running the said Lines
But Your Petitioner is under the Necessity of humbly represent-
ing to Your Lordships that the Question which has so long been de-
pending is. At what place y*^ South Boundary of New Hampshire, or
which is the same thing the Northern Boundary of the Massachu-
setts Bay (in that part which Bounds to the Southward on New
Hampshire) shall begin and what course it shall run .''
And that Question its apprehended will receive its determination
from the true and Legal Construction of the terms of the Charters
Granted by the Crown to y^ Massachusetts Bay, and may not there-
fore be proper for the Determination of mere Surveyors or Mathama-
ticians in America, but may be proper for his Majestvs own Royall
Determination, assisted here with the advice of His Privy Council &
of Your Lordships.
That when once the Charter is Legally construed and the Place of
beginning the Bound Lines, and likewise the course they are to run
is fixed ; The matter will go of Course and His Majestys Commis-
150UNDARV LINE PAPERS. 253
sioners can then have very little trouble or difficulty in running the
Lines.
That your Petitioner in his Petition to His Majesty has offer'd
such Arguments, as he is advised by his Council do manifestly shew,
that one of the Lines in Question was intended by the Crown to be-
gin at the Atlantick Sea or Ocean, three Miles North of the Mouth
of the great River of Monomack al's Merimack ; And was to run
Parrallel to the South Boundary Line of y'^ Massachusets ; which is
West 6h Degrees North, for variation to be the same Breadth in Lat-
itude & Length in Longitude quite from y* Atlantick Ocean to the
South Sea.
That as to the Pretence of any particular Maps being erronious
Your Petitioner apprehends it can be of very Little consequence, the
Lines not being to be run here ; and only prays that the place from
which they are to begin may be fixed pursuant to the true intention
& meaning of the Charter, Three Miles North of the Mouth of the
great River Merimack, the Mouth of which river is known & plain to
every Body and which three Miles may most easily be measured off,
by the Commissioners, and then to run a West Line Six Degrees
and a half North, as farr as they can across the Main Land towards
the South Sea,
That to run Lines by any Commissioners whatever first before that
Point is determined, And after they are run then to come back
again from America, upon a dispute whether such Lines begin at the
true place & run the true course as Appointed by the Charters, may
undo, all that shall be done and render vain and fruitless all the trou-
ble & Expences of the Partys & Commissioners & His Majestys &
your Lordships good Intentions, for the settling the matters in Dis-
pute, and will be of further disservice to His Majestys very small
Province of New Hampshire by keeping this Controversy Open for
many more Years yet to come.
Wherefore as the whole Scope of Your Petitioners Petition to his
Majesty is that the place where the said Lines shall begin & the
Course in which they are to run (which Your Petitioner conceives to
be the first Points) may be here Determined, And as what is the sec-
undary Point seems now to be agreed namely that his Majesty should
appoint the Commissioners for running the Lines.
Your Petitioner humbly prays Your Lordships to appoint a day for
hearing all Partys, by their Council learned upon those points where
the Lines shall begin And what course they shall run ; And that
after those Points are determined Your Lordships will be pleas'd to
report as Your Opinion to His Majesty, that a Commission be Is-
sued for running the said Lines according to such Determination
And Yo"" Petitioner shall [torn]
Febru>' 15"' 1733/ PVed : [torn] for the [torn]
254 PROVINCE OF NEW HAMPSHIRE.
\_Extmct of Instructions from Massachnsetts Government to Agcjit
Wilks, 1734.]
[Mass. Archives, Vol. 52, p. 434.]
Boston Apr. 16, 1734.
Sir. Yours by Capt Crocker of Feb. 12th and 15th : together with
Your proposals to the Right Honourable the Lords Commissioners
for Trade and Plantations of terms for Submitting the Controversy
with New Hampshire, of the ist & 15"^ of that Month, We have re-
ceiv'd. Your first understanding of Our Instructions, that the Per-
sons should be cJiosen Jierc^ as well as be here on the Spot, was accord-
ing to our True Meaning, And the last Submission, We think cannot
be warranted by the Instructions You Received from the Court,
However, We would hope You carry'd things as far as you could for
us, And if Commissioners should be appointed on Your side of the
Water, We desire You would take the Utmost care that none under
any prejudice against this Province may be Judges in this affair, par-
ticularly, that no Persons of Rhode Island Government may be nam'd
to Issue this Controversy, there having been a dispute with that Gov-
ernm^ about the line between Us and them now for several years, in
which they have shewn great heat of spirit, and used very violent
proceedings ; It is Possible the Colony of New York, may be men-
tioned on this Occasion, but it should be Observed, That they are
above Three Hundred Miles from the line controverted, and for that
reason it will be a great Expence and hardly possible to prevail with
Gentlemen to come so far, there is also a considerable controversy
about the line or boundary, between this and that Government, which
may probably give them a byass, and prevent that Impartiality in
their determinations, His Majesty desires, and gives such Instances
of, in the Course of his Wise and Just administration. But In the
Colony of Connecticot, who are between New York & us, and have
no Controversy either with us or New Hampshire, and are intirely
disinterested, there may be found persons the most likely to Termi-
nate this Controversy Equitably. We would not Pretend to name any
particular persons, And if the Govern"" or in his absence the Deputy
Govern'' with the Six Senior Assistants or Councillors that can attend
it, to make Seven, were appointed. We could not name them, for they
are all to be Chosen or appointed a new, the second Thursday of
next Month by their Constitution, this method seems most likely not
to fail, as there are twelve men to take Six out of, if Sickness or any
unforeseen Accident should hinder some ; And as no body can tell
beforehand who they will be, And in that Government they have no
HOUNUAKY LINE PAPERS. 255
attachment or prejudice to either side, VVe think it the most likely
method for an Equal decision. * * * *
\_Ex tract of Litter from Agent Wilks to Speaker of Mass. House y
^ng. 31, 1734.]
[Mass. Archives, Vol. 52, p. 438.]
* * * The Affair of the Boundaries with New Hampshire re-
main in the same Posture as when I last wrote. I am very glad the
Generall Court has favour'd me with so clear a state of the Case,
And with so much reason and argument, as by yours of the 3'' of
July, I am now under no Apprehensions but that when the affair
comes to be considered, by the Attorney & Solicitor Generall The
Lords of Trade, and the Lords of the Councill (which is the course
it must take) it will end in a determination agreeable to the General!
Courts just sense of the matter. * * *
\_Ex tract of Letter from Agent Wilks to Speaker of Mass. House y
I735-]
[Mass. Archives, Vol. 52, p. 442.]
(Copy ^ Cap" Bayly :)
M"" Speaker, London March 29*^ 1735.
S'' My last was dated the 17''' Ult°, which hope you'l receive since
which the Attorney & Sollicitor Gener', have reported to the Lords
of Trade that its their Opinion the boundary with New Hampshire
ought to begin three Miles North of the Mouth of the River Merri-
mack but mention nothing of what course it should take from thence
I have attended their Lordships upon it who were of Opinion to pro-
ceed in forming a Report to the R^ Hon^'^ the Lords of the Committe
of his Majestys most Hon''''' Privy Council without hearing anything
further from the Agents on either side but with some difficulty I pre-
vailed on their Lordships to Indulge me so far as to be first heard by
Council in behalf of the IMassachusets and accordingly the 18 of May
is appointed for said hearing — * * *
256 PROVINCE OF NEW HAMPSHIRE.
{^Report to Privy Council, 1735.]
[Mss. Prov. Boundaries, pp. 86-88.]
To the Right Honourable the Lords of the Committee of His Maj-
esty's most Honourable Privy Council.
My Lords
Pursuant to your Lordships Order of the 16''' Day of April
1733, we have examined the Petition of John Rindge of the Province
of New-Hampshire in America Esq' complaining, in behalf of the
Inhabitants of that Province, of great Encroachments upon their
Lands, & other Oppressions, which they have suffer'd from the Peo-
ple of the Massachusetts Bay both in matters of Property & Gov-
ernment, for want of fixed & known Boundarys betwixt the said Prov-
inces, which the People of New Hampshire have in vain used their
best endeavours to settle in conjunction with those of the Massachu-
setts Bay, wherefore he most humbly prays His Majesty to declare
& ascertain the several Boundarys of the Province of New-Hamp-
shire, & to afford His oppressed Subjects of that Province such Re-
lief in the Premisses, as to His Majesty in His great Wisdom &
Justice shall seem meet. —
We thought proper to communicate a Copy of this Petition, & of
eight others upon the same subject from the Inhabitants of the sev-
eral Countys of New-Hampshire to M' Wilks, Agent for the Prov-
ince of the Massachusetts Bay, who, having taken time to transmit
the same to His Principals, did on the 14*'' Day of February 1733/4
lay before us a Memorial in relation to His submitting the Deter-
mination of the Boundarys between the Provinces of the Massachu-
setts Bay & New-Hampshire to such Commissioners, as should be
appointed by this Board ; but His Memorials not containing so full
a submission to the Determination, which we should make upon this
matter, as M'' Wilks had before promised, he desired leave to withdraw
the same, in order to lay another before us, which should be more to
our Satisfaction, & agreeable to this we received the next Day a Let-
ter from M"" Wilks in the following Words,
My Lords —
Pursuant to Instructions I have received from the Great & General
Court or Assembly of His Majesty's Province of the Massachusetts
Bay in New-England, in relation to y^ Petition of M"" Rindge, touch-
ing the Controversy between the said Province of the Massachusetts
Bay & New-Hampshire about their Bounds, and praying a Settle-
ment thereof, I do hereby as Agent for the said Province of the
HOUNDAKV LINE FAPEKS. 257
Massachusetts Bay, & for & on their behalf humbly submit it to your
Lordships, & do hereby consent & agree, that the said Koundarys
mav be determined & settled by wise disinterested Persons of the
neighbouring Governments, to be nominated & appointed by His
Majesty or your Lordships for that purpose. And I do further
agree & consent for the said Province of the Massachusetts Bay,
that the said Commissioners shall have the matter in controversy
left to them fully, & without any Limitations, saving only that the
Lines, however they may happen to run, do not affect the Property
of any particular Persons.
A Copy of this Letter having been communicated to the peti-
tioner M"" Rindge, we received the Day following a second Petition
on His Behalf from His Solicitor M"" Paris, setting forth, that he had
nothing to object against Commissioners being authorized to set out
the Boundarys betwixt the two Provinces, but that he was under a
necessity of representing to us, that the Question, which had been
so long depending was at what place the South Boundary of New-
Hampshire, (or (which is the same thing) the Northern Boundary of
the Massachusetts Bay) in that part which bounds to the Southward
on New-Hampshire, shall begin, & what course it shall run.
That this Question must recieve its Determination from the true
& legal Construction of the Charter, granted to the Massachusetts
Bay, & may not therefore be proper for the Determination of meer
Surveyors or Mathematicians in America, but may be proper for His
Majesty's own Royal Determination here with the advice of His
Privy-Council, which being once done, & the place of beginning the
Bound Lines, & likewise the Course they are to run, being fixed, the
matter would then be clear, & His Majesty's Commissioners would
have very little Trouble or Difficulty in running the Lines, wherefore
he humbly prayed us to hear all Partys by their Council upon the
Question where the Boundary Lines ought to begin, & what course
they ought to run. —
Hereupon we thought proper for our better information in a mat-
ter of this Consequence, to communicate to His Majesty's Attorney &
Solicitor General a Copy of the Charter granted by their late Majes-
tys King William & Queen Mary to the Province of the Massachu-
setts Bay in 1691, & desired their opinion from what point of Merri-
mack River the dividing Line between the Provinces of the Massachu-
setts Bay & New-Hampshire ought to begin, according to the Intent
& Meaning of the said Charter. —
In answer to this Query the Attorney & Sollicitor General have
acquainted us by their Reports dated the 19''' Day of March last,
that they have been several times attended by the Council & Agents
of both Provinces.
258 PROVINCE OF NEW HAMPSHIRE.
That the Council for New-Hampshire offered several Arguments,
to prove, that the said dividing Line ought to be taken from three
miles north of the mouth of Merrimack River.
That the Council for the Massachusetts Bay would not say what
it was, that they insisted on, or give any Answer to what had been
urged by the Council on the other side, but declared that in their
opinion the Question, which was proposed to the Attorney & .Sollici-
tor General by this Board would not determine the matter in dispute,
and therefore they thought it unnecessary to say any thing upon it.
That whether this be so or not they are not able to judge, but as
to the Question referred to them, they are of opinion, that the divid-
ing Line between the Province of New-Hampshire, & the Province
of the Massachusetts Bay is to be taken according to the Intent of
the Charter of William & Mary from three miles North of the mouth
of Merrimack River, where it runs into the Atlantick Ocean. —
Since this Report we have been again attended by the Sollicitor
for the Petitioner, & the Agent for the Massachusetts Bay, & have
heard what either side had to offer by their Council on this occasion,
and upon the whole we take leave to offer our opinion to your Lord-
ships, that His Majesty should be graciously pleased to appoint &
authorize Commissioners to be chose from out of the neighbouring
Provinces in America, to meet within a limited time & mark out the
dividing Line between the said Province of the Massachusetts Bay
& New-Hampshire, and we shall take care that Copys of the above-
said Opinion be given to each of the said Partys for the Information
of the Commissioners, in case any Doubt should arise amongst them
upon the Construction of the said Charter granted by King William
& Queen Mary to the Province of the Massachusetts Bay. We are
My Lords
Your Lordships most Obedient and most Humble Servants
Whitehall Fitz. Walter Orl° Bridgeman.
June 5*'' 1735. T. Pelham. M. Bladen.
Edw^ Ashe. R. Pluraer.
{^Ageiit I'Vilks to Sccictary Willard, 1735.]
[Mass. Archives, Vol. 52, p. 447.]
London 28''' June 1735.
S"" I am favour'd with yours ^^ Cap" Crocker inclosing sundry
Laws which, I shall lay before His Majesty in Councill for Confirma-
tion.
BOUNDARY LINE PAPERS. 259
Since my last the Lords of Trade have Reported upon the Affair
of the Boundaries with New Hampsh'' also upon the affair of Warlike
Stores both which are before the Lords of the Committee & their
Lordships have Ordered me a Copy of the former which I now in-
close, and expect, in little time to have notice to Attend their Lord-
ships about it, when I shall Pray to be heard by Council in behalf of
the Province & get a day appointed for that Purpose.
I Attended the Lords of Trade previous to this Report with Coun-
cellor Strange but their Lordships would not let us Itnter fully into
the matter what Course the Line ought to run but only where it
should begin, their Lordships Order'd my Letter to be read wherein
I Submitted in behalf of y*" Province that the Boundaries should be
setled by Commissioners Appointed by His Majesty out of the neigh-
bouring Governments. I then Acquainted their Lordships that when
I made that proposal I thought it agreeable to my Instructions but
as it was then rejected, and no notice since taken of it, I have had
time to advise my Principal of my proceeding and have receiv'd for
my Answer that it was not the Intention of my Instructions nor
what they Approved of. And therefore I desired their Lordships
would give me leave to withdraw it or that no use might be made
thereof. I find it inserted in the Report but dont Apprehend it sig-
nifies any thing.
I intend to insist upon being heard fully upon the whole before
the Lords of the Committee of His Majestys Most Hon^'^^ Privy
Councill, And have every thing prepar'd to Instruct Council for that
purpose, I purpose to get a Case printed containing some of the most
material Arguments in Our favour to put into their Lordships hands
at the hearing & shall do every thing in my Power for the service of
the Province, I thank you for your kind wishes & Assure you I am
sv
Yo'' most Obed^ Hum : Serv'
Fra Wilks.
To The Hon^'*^ Josiah Willard Esq"" Secretary of y^ Province of the
Massachusetts Bay./
\Rcport of Committee of King s Council on Petition of John Rindge^
I735-]
[Mass. Archives, Vol. 5, p. 54.]
At the Council Chamber Whitehall the 15''^ day of December
1735
Bv the Right Honourable the Lords of the Committee of Council
for Plantation Affairs. —
26o PROVIN'CE OF NEW HAMPSHIRE.
Your Majesty having been pleased by Your Order in Council of
the 29*'' of March 1733 to referr unto this Committee the humble
Petition of John Rindge of Your Majestys Province of New Hamp-
shire in America Esq"" Complaining in behalf of the Inhabitants of
that Province of Great Encroachments upon their Lands and other
Oppressions which they have Suffered from the People of the Massa-
chusets Bay both in matters of Property and Government for Want
of fixed and known Boundarys betwixt the said Provinces which the
People of New Hampshire have in vain used their best Endeavours
to Settle in Conjunction with those of the Massachusets Bay Where-
fore he most humbly prays that Your Majesty will be pleased to De-
clare and ascertain the Several Boundarys of the Province of New
Hampshire and to Afford the Inhabitants of that Province such Re-
lief in the Premises as to Your Majesty in Your Great Wisdom and
Justice should seem meet — The Lords of the Committee in Obedi-
ence to Your Majestys said Order of Reference did on the i6th of
April 1733 take the said Petition into their Consideration and tho't
proper to referr the same to the Lord's Commiss'"'' for Trade and
Plantations who have thereupon Reported to this Committee that
they had Communicated a Copy of this Petition and of eight others
upon the same Subject from the Inhabitants of the Several Countys
of New Hampshire to M"" Wilks Agent for the Province of the Mas-
sachusets Bay, who did by a Letter bearing date the 1 5''' of February
1733/4 acquaint the said Lords Commiss''^ that he did thereby as
Agent of the said Province of the Massachusets Bay and for and on
their Behalf humbly Submit the matter in Controversy to the said
Lords Commissioners and did Consent and agree that the said Boun-
darys might be determined and Settled by Wise disinterested Per-
sons of the Neighbouring Governments to be Nominated and
appointed for that purpose by Your Majesty or the said Lords Com-
missioners And that he did further Agree and Consent for the said
Province of the Massachusets Bay that the said Commiss''^ should
have the matter in Controversy left to them fully and without any
limitations Saving only that the Lines Jiozvever they may Jiappen to be
rnn should not Affect the Property of Particular Persons — And the
said Lords Commissioners did further Report that they had been
Attended by all Partys concerned herein, and having heard what
either side had to Offer on this occasion, were of Opinion that Your
Majesty should be graciously pleased to Appoint and Authorize Com-
mission''^ to be Chosen from out of the Neighbouring Provinces in
America, to meet within a limitted time, and marke out the dividing
Line between the said Provinces of the Massachusets Bay and New
Hampshire
150UXDAKY LINE, TAPEKS. 26l
And Your Majesty having been pleased by Your Order in Council
of the Sixth of Nov'' last to referr likewise unto this Committee a
Petition of the said Francis Wilks Agent for the Province of the
Massachusets l^ay praying that he may not be bound by the Consent
and agreement which he had Signified to the Lords Commission'^ for
Trade and Plantations by the Letter beforementioned and also pray-
ing that 2Ji li'/iatcvcr Manner the Boundary Line may be run it may
not Affect Private Property The Lords of the Committee this day
took the whole matter into their Consideration and heard Counsel
upon the Petn of the said Francis Wilks Agent of the Massachusets
Bay and also for the said John Rindge in Support of the said Report
of the Lords Commissioners for Trade and Plantations — And Do
humbly Report to Your Majesty that they Agree in Opinion with
the said Lords Commissioners that it may be adviseable for Your
Majesty to appoint and Authorize Commissioners to be Chosen out
of the Neighbouring Provinces in America to meet within a Limited
time and mark out the Dividing line between the said Provinces of
the Massachusets Bay and New Hampshire — And their Lordships
Do further humbly Report to Your Majesty as their Opinion tJiat in
the running the said Boundary Line due Care should be taken that
Private Property may not be Affected thereby.
\Conimittee of King s Council to Nominate Commissioners, 1735/6.]
[Mass. Archives, Vol. 5, p. 53.]
[Seal] At the Court at S' James's the 22'' day of January 1735.]
Present
The Kings most Excellent Majesty in Council
Upon reading this day at the Board a Report from the Right Hon-
ourable the Lords of the Committee of Council for Plantation Affairs
dated the 15* of last Month relating to the Settling the Boundarys
between the Provinces of the Massachusets Bay and New Hampshire
in America, wherein their Lordships propose that Commiss""^ to be
Chosen out of the Neighbouring Provinces should be appointed and
Authorized by His Majesty to meet within a limitted time and mark
out the Dividing Line between the said Provinces, and to take care
that Private Property be not affected thereby : — His Majesty Approv-
ing thereof, Is hereby pleased to Order, that the same be Referred
262 PROVINCE OF NEW HAMPSHIRE.
to the Right Honourable the Lords of the Committee of Council for
Plantation Affairs, to Consider of proper persons to be appointed to
Settle the said Boundarys and make Report thereof to His Majesty
at this Board. — W: Sharpe
\_A^aines of Covimissioncrs Nominated^ ^/S^.]
[Mss. Prov. Boundaries, p. 98.]
To the Right Hono^''^ the Lords of the Committee of His Majesty's
most Hono^'^ Privy Council.
My Lords —
Agreeable to your Lordships order of Reference, dated the 24*^
Day of January last, we have considered of proper Persons to be
appointed Commiss''^ for marking out and settling the Boundaries or
Dividing" Lines between the Provinces of the Massachusetts Bay and
New Hampshire, & for that Service we take leave to name to your
Lordships, George Clark, Francis Harrison, Cadwalder Colden, Abra-
ham Van Horn, and Phillip Livingston Esq""^ of the Province of New-
York ; John Anderson, John Hamilton, John Wells, John Reading,
and Cornelius Van Horn Esq''^ of the Province of New-Jersey ; Wil-
liam Skene, Will"' Shirreffe, Henry Cope, Erasmus James Phillips
Esq""^ and Major Paul Mascarene of the Province of Nova Scotia;
being the five eldest Councellors in their respective Provinces, and
Samuel Vernon, John Gardner, John Potter, Ezekiel Warner, &
George Cornel, who were the Eldest Councellors for the Colony of
Rhode-Island in the year 1734., & may probably be so still, though
they choose their Councellours annually, and we have no List of
Councellors in that Province of later Date.
These Persons we think may be least liable to Exception, being
Men of Distinction in their Respective Provinces.
We are My Lords Your Lordships Most Obedient and Most Hum-
ble Servants
Whitehall Fitz. Walter. A. Croft.
April i^' 1736. — T. Pelham. R. Plumer.
EdW^ Ashe. M. Bladen.
BOUNDARY LINE PATERS. 263
\_iy. H. CoviDiittcc io Attend Coviviissioncrs, 1736.]
[Mss. Prov. l^oundarics, p. 97.]
In the House of Representatives
Whereas this House is Informed by the Committee appointed to
Write our agent in Great Brittaine Relating to the affaire of the lines
by Letter from him Directed to the said Committee
Which has been Laid before this House, wherein we are informed
that in x"" Last His Maj"'^ in Councill was gratiously pleased to accept
the Report Made by the Right Hon^''*^ the Lords Commiss""^ for Trade
and plantations, and that our Agent in a short time expected to ob-
taine a Commission appointing & authorizing Commiss""^ to run and
mark out the Boundary Line Between this His Maj'"*^^ Province &
that of the Mass'' and in asmuch as this affaire will be attended with
Considerable Charge & it will be necessary to have a Committee to
attend the said Commiss''* in the Said affaire Wherefore
Voted that Andrew Wiggin Esq'' Theodore Atkinson Esq"" & John
Rindge Esq"" be a Committee for this House to Joyne w''^ Such as the
j-jQj-^bie Board shall appoint to Waite upon said Commiss''^ & attend
them in that affaire and that the Treasurer supply the said Commit-
tee with Such Money as will be necessary for that service and that
the said Committee Render an account to the Gen' Ass™ of the
Money so Delivered them by the Treasurer how Expended for their
allowance
Aprill 30^'' 1736 James Jeffry Cle'' Ass'"
In Coun' May lo, 1736 —
Read and non-concurrd, for that The Council know of No Agent
that this Court has in Great* Britain, & besides, for that there is no
money in the Treasury to defray the Charge proposed in the above
Vote Rich'' Waldron Sec-^^
\_Francis Wilks to Secretary Willard, 1736.]
[Mss. Prov. Boundaries, p. 100.]
Extract from M^ Agent Wilks's Letter to M"- Sec''^ Willard of May
19*'' 1736 —
M-" Sec'T'
Sir/ I have not had the pleasure of a Line from you since my last,
nor has anything material offered to advise you of, save the Lords of
264 PROVINCE OF NEW HAMPSHIRE.
Trade having made a Report upon the Reference from the Lords of
His Majesty's Council concerning the New-Hampshire Boundaries,
Copy whereof is inclosed. I can't tell what farther Steps may be
taken, but probably it may rest so long as to give time for an Answer
from both the Governments, before it be confirm'd. I shall be glad
to receive the General Court's Instructions about it, to be made use
of in that Case. —
\^lnstrnctions to Fi'ancis Wilks^ Agent for Massachusetts, July 23,
1736.]
[Mass. Archives, Vol. 52, p. 449.]
Sir, I am directed by the Gov"" & Council to acc^uaint you that
your publick Letter of the 19''^ of May last with the Report of the
Board of Trade for naming Commiss''^ on the Affair of the Line be-
tween this Prov. & New Hamps"" has been laid before y"^ And they
think it proper to advise you to use your utmost Endeavours to stay
all further Proceedings on y' Affair till you can have an Answer to
your s'^ Letter from the General Assembly who are now prorogued ;
And the Board also advise you in the meantime to look carefully into
the several Instructions & Letters you have already had from the
Court on the same Subject
\_Francis Wilks to Secretary Josiah IVi/lard, 1736.]
[Mass. Archives, Vol. 52, p. 450.]
M"" Secretary./
Sir : I have nothing material to inform the General Court since
my last, Only that the Lords of His Majestys Councill have taken
under Consideration the Report of the Lords of Trade concerning
the New Hampshire boundaries it was strongly urged on the part of
New Hampshire that their Lordships would appoint a short day to
determine u[>on it, but my not having receiv'd, nor could have re-
ceiv'd Answer from my principals concerning said Report, And an
Objection being made on their Side to One Gentleman therein men-
tion'd it was put off to some time in October Agreeable to my Peti-
tion : Copy of Cap" Tomlinsons Petition you have Inclosed. I hope
BOUNDARY LINE PAPERS. 265
by that time to have the Generall Courts Directions about it, Inclosed
you have also the Councells Brcviate concerning New Hampshire
Private Notes Omitted in my last.
I have received the papers relateing to Rhode Island Boundaries
inclosed me by a Committee of The General Court which I shall have
proper regard unto, nothing Can be done in that Affair till towards
Winter it being now a time of Recess with most of our Great Men,
I am with great Respect, Sir,
Yo"" most Obcd' Hum: Serv'
London y^ 19''' August 1736. Fra Wilkes
\R.cport of Listnictions to Coinuiissioncrs^ i/S^.]
[Mss. Prov. Boundaries, pp. 101-104.]
To the Right Honourable the Lords of the Committee of His Majes-
ty's most Honourable Privy Council —
My Lords
We have had under our Consideration your Lordships order of the
26''' of October last approving our Nomination of the five Eldest
Councillours in the Provinces of New York, New Jersey, Nova Sco-
tia, and Rhode Island (excepting Major Mascarene one of the Coun-
cil in Nova Scotia who appear'd to your Lordships to be a Person
interested in the Massachusets Bay) to be the Commissioners for
Setleing the Boundarys between the Province of the Massachusets
Bay and Newhampshire, and Requiring us to prepare and lay before
your Lordships such Directions as we shall think necessary for His
Majesty to give to the said Com" for this purpose specifying the time
before which the said Com''^ shall hold their first meeting the most
convenient place for such their Meeting, and of what number the
Quorum should consist.
Upon this occasion we have been Attended by the respective
Agents for the Massachusets Bay & Newhampshire and have given
them an opportunity of laying before us any Proposals they might
have to make to further the setleing and marking out the lines in
Question ; whereupon the Agent for Newhampshire laid before us a
Memorial for the Purpose aforesaid, the Agent for the Massachusets
Bay only raised some trivial objections to the place of Meeting and
to the Quorum mentioned by the Agent for Newhampshire, but
offer'd nothing further to us upon the Subject.
IS
266 PROVINCE OF NEW HAMPSHIRE.
As we are Inform'd that the most proper time of the year for rim-
ing the boundary lines in Question is between the begining of June
and the End of September we take leave to propose that the first
day of August in the year 1737 may be the day on which the Com''^
may be Directed to hold their first meeting from which they may
adjourn to such times as may be most convenient for them, for altho
your Lordships did Direct us to Consider of a time before which the
said Com"^^ should hold their first meeting, Yet upon Consideration
we found it convenient to appoint a positive day because the great
Distances the Com''^ live from each other would otherwise make their
first meeting very uncertain.
And as the Town of Hampton in Newhampshire is scituated ac-
cording to the best Draughts we have been able to procure of that
Province very near, if not upon the place thro which one of the boun-
dary lines is at first to run, we are of Opinion, that the first meeting
of the Com""* should be appointed to be held there.
With regard to the number, a Quorum of the Com'* should consist
of, we take leave to observe, that altho there are twenty Com""* to be
appointed, yet several of them from different occasions may not be
able to Attend this Service, and as the want of a sufficient Quorum
supposeing it should be appointed too large might prevent the fixing
these boundarys and occasion a fruitless long Journey to such of the
Com"'* as shall undertake the same, we are of opinion that five Com''^
should be deem'd a sufficient Quorum and that all Determinations
shall be by a Majority of the Com"^* present ; we are the rather of this
opinion because each Province will have the liberty of appealing from
any Sentance given by these Com"'* to His Majesty in Council.
The Agents for these Provinces having agreed that the Charge
attending this Commission and the Execution thereof should be
equally borne between each Province, we have nothing to offer upon
that head but that we think it highly reasonable it should be so.
- As these Com""* must be appointed under the Broad Seal, we are of
opinion, that the abovemention'd Propositions with regard to the
time and place of Meeting and to the number of which the Quorum
is to consist ought to be express'd in the said Commission and a Lib-
erty thereby Granted to either Party who may find themselves ag-
grieved by the Determination of the said Com''* of appealing to His
Majesty in Council from such Determination and that the Com""* may
be Impow'red and Directed to administer any oath or affirmation to
such Persons as shall be found necessary to be Examined before
them.
And that the good purposes proposed by this Commission may not
be frustrated by any Failure in Execution thereof we take leave fur-
ther to propose,
BOUNDARY LINE PAPERS. 267
That Notice may be given by a Circular Letter to the respective
Gov""^ of the Provinces where these Com''^ do reside of His Majestys
Intentions to setle the Boundarys of the two Provinces aforesaid by
Com""^ to be appointed by His Majesty, and that the respective Gov""*
of the said Provinces upon receipt of such Notice do acquaint such
Commissioners of the time and place of their first meeting strongly
recommending it to such as are able to go to attend this Duty.
That the Com""* be directed at their first meeting to make choice
of one or more able Clerk or Clerks to enter their Minutes and pro-
ceedings, as also of one or more skillfull Persons to prepare Draughts
or Plans of the boundarys according to the Determination of the
Com''* who are also to administer an oath or afifirmation to such clerks
or other Persons as they shall P^mploy for the due and faithfull Exe-
cutions of their Trust —
That each of the two Provinces whose boundarys are to be setled
do send to the said Com"'* at their first Meeting the Names and Places
of abode of two of their Publick officers whom they shall appoint for
that purpose residing in the said Provinces on either of whom or at
whose place of abode any Notices Summons or final Judgment of the
s*^ Com""* may be servd or left —
That each of the said two Provinces do send to the said Com""* at
their first Meeting a plan and full State of their demands or preten-
sions in writing describeing whose and in what places the boundarys
on the southern and Northern part of Newhampshire ought to begin,
what Courses and how far the same ought to run respectively, and
that the Copys thereof may be mutually exchanged in order to pre-
vent any unnecessary delay and that each party may come fully pre-
pared —
That the Com""' be directed to use all Convenient Dispatch in the
Execution of this affair —
That of the Com"" present at any Meeting He who is first named
in the Kings Commission shall preside at such Meeting and shall
issue out the Necessary Summons for such witnesses as either Party
shall require
That no evidence be allowed of by the Com''" but such as shall be
sworn or take an Affirmation before them in open Court, and that
the whole of what such Evidences shall offer to the Com''^ be put into
writing by the clerk and in presence of said Commissioners —
That Entrys be made of all Papers Evidences Deeds Charters and
proofs received by the Com""* in this affair and of all their proceed-
ings and resolutions throughout the same and that Plans or Draughts
of the Boundary lines as agreed to by them be annexed thereto and
made part thereof
268 PROVINCE OF NEW HAMPSHIRE.
That when the Com''^ shall have made their final Determination
and Signed the same a Copy thereof shall be sent to such publick
officer in each respective Province as beforementioned as likewise
Notice of another Meeting to be within six weeks after the Delivery
of such Copy or such other reasonable time as the Com'"'^ shall appoint
at which either of the Provmces who shall find themselves aggrieved
may enter their appeal with a Declaration what parts of the Deter-
mination of the said Com''^ they abide by, or Appeal from, and that
each Province be allowed true Copys of the whole Process to be at-
tested by three or more of the Com''® — That if at this last meeting
of the ConV® neither Province do enter their appeal the Determina-
tion of the Com''^ do then become final & Conclusive to all Parties —
And that during the meeting of these Com''^ the Gov""® of the two
Provinces do keep their respective Assemblys sitting or under short
Prorogations that they may meet within twenty days after such De-
termination delivered as aforesaid in order to determin what to do
thereon, we are My Lords
Your Lordships Most Obedient & Most humble Serv^^
Whitehall Fitz. Walter M Bladen
Dec-- 8'^ 1736 T Pelham Orl° Bridgman
R Plumer
Copy Examined ^ J Willard Sec'ry
[Francis Wilks to Secretary Willard^ ^7?>^l7-~\
[Mss. Prov. Boundaries, p. 84.]
Extract from M"" Wilks's Letter to M"" Secr-'y Willard. —
M"^ Secretary
Sir The above is Copy, this encloses you Copy of my Petition to
the Lords of the Council for some Alterations in the Report of the
Board of Trade, which Petition has been rec'^, and their Lordships
have been pleased thereupon to make sundry Alterations, /cr/Yztv/A?;'-/^
in that of keeping the Assembly sitting, or wider short adjourn-
ments, during the meetijig of the Cojumiss'^ — An Order of Coun-
cil is gone (with the Report as alter'd) to the Attorney and
Sollicitor General, to prepare, and lay before His Majesty in Council
the Draught of a Commission to be pass'd under the great Seal,
agreeable to what is proposed. It is also ordered, that the Lords
Commiss''® for Trade and Plantations do write the Circular Letters to
the respective Governours, as proposed in the Report ; I have but
BOUNDARY LINE PAPERS. 269
just got a Copy of said Order, and this Ship's immediate Departure
prevents me sending you a Copy of the same by this opportunity.
Upon the application I formerly made to His Majesty in Council
against a Report of the Lords of Trade for repealing a Law passed
to prevent the Currency of New-Hampshire private Notes, it was
then ordered, that the Lords of Trade should prepare a State of the
Paper Currency, as it stands in Massachusetts Bay, Connecticut,
New Hampshire, and Rhode Lsland, and lay the same before His
Majesty in Council ; I understand they have accordingly prepared a
State thereof, and delivered it at the office, but it not having been
before Council, no Copy can be obtained at present I shall constantly
attend, to know if any thing be design'd, relating to the Report for
repealing the aforesaid Law. and shall use my Endeavours to prevent
its Success. —
London the 21*' Febru^ ^ 7 2)^1 7-
{^Petition of Francis Wilks, 1736/y.']
[Mss. Prov. Boundaries, pp. 89-96.]
To the Queen's Most Excellent Majesty in Council, Guardian
of the Realm, and His Majesty's Lieutenant within the same. —
The humble Petition of Francis Wilksof London Merchant, Agent
for your Majesty's Province of the Massachusetts Bay in New-Eng-
gland, Sheweth
That some time since John Rindge of His Majesty's Province of
New-Hampshire, as Agent of the House of Representatives of the
said Province, preferred a Petition to His Majesty, humbly praying
to declare and ascertain the several Boundaries between the said
Provinces of the Massachusetts Bay and New-Hampshire.
That your Petitioner, having sent a Copy of the said Petition to
the said Province of the Massachusetts Bay, received their Instruc-
tions thereon, and apprehending he was thereby authorized thereto,
and to avoid further Litigations & E.xpence he did consent and agree
for & on behalf of the said Province of the Massachusetts Bay, that
the said Boundaries might be determined and settled by wise dis-
interested Persons of the Neighbouring Governments, to be nom-
inated and appointed by His Majesty.
That for the Reasons mentioned in a former Petition most hum-
bly presented by your Petitioner to His Majesty, your Petitioner
270 PROVINCE OF NEW HAMPSHIRE.
apprehended his said Proposal to have been disagreed to, and rejected,
and so he acquainted the said Province of the Massachusetts Bay ; in
answer thereto the said Province acquainted your Petitioner he was
not warranted by his Instructions in malting the said Proposal, they
only authorizing him to submit to have the Boundaries determined
by wise disinterested Persons, to be chosen on the behalf of the Mas-
sachusetts Bay by the Assembly of that Province out of the neigh-
bouring Governments,
That thereupon your Petitioner conceived himself bound in Duty
to lay before His Majesty the mistake he had committed, before any
thing was finally done therein, which your Petitioner accordingly did,
but on hearing the said Petition before your Lordships, to whom the
said Petition was referred, your Lordships, were pleased to report as
your opinion to His Majesty, that it might be adviseable for His Maj-
esty to appoint and authorize Commissioners to be chosen out of the
neighbouring Provinces in America, to meet within a limited time,
and mark out the Dividing Line between the said Provinces.
That your Lordships on the 26''^ Day of October last referred it to
the Lords Commissioners of Trade and Plantations, to prepare, and
lay before your Lordships such Directions as they should think
necessary for His Maje'sty to give to the said Commiss''^ specifying
the time before which the said Commiss''^ should hold their first
meeting, the most convenient place for such their meeting, and of
what number the Quorum should consist.
That the Lords Commiss"^^ of Trade and Plantations have accord-
ingly, by their Report bearing Date the 8^^ Day of Dec'' last, reported
to your Lordships as their opinion, that the first Day of August
1737, should be the Day, on which the Commissioners should be di-
rected to hold their first meeting, and that the first meeting of the
Commissioners should be appointed to be held at the Town of Hamp-
ton in New-Hampshire, and that five of the Commiss""^ should be
deemed a sufficient Quorum.
That your Petitioner humbly insisted before the Lords of Trade,
that Newbury in the Massachusetts Bay was a more proper place
than Hampton, and insisted the Quorum ought not to consist of less
than a Majority of the Commiss*^^ nominated, who are 19 in number
and insisted as a Reason for this, that by the Laws of the Land no
man's Property could be affected by a less Number than a Jury of 12.
That the Lords Commiss"'® of Trade then proceeded to lay before
your Lordships such Directions, as they should think necessary to be
given to the said Commiss"'^ and amongst the rest are pleased to pro-
pose, that each of the said two Provinces do send to the Commiss'*
at their first meeting a Plan & full State of their Demands, or Pre-
BOUNDARY LINE PAPERS. 2/1
tensions, in writing, describing where, and what places, the Bound-
aries on the Southern & Northern I'arts of New-Hampshire ought to
begin, what Courses, and how far, the same ought to run respectively,
and that Copies thereof should be mutually exchanged.
That your Petitioner humbly submits it to your Lordships Consid-
erations, whether there be any Instance, where ever an obligation of
this kind was laid upon the Parties in a case of the like nature, as
there may be real Difficulties in complying therewith, your petitioner
humbly hopes this .shall not stand part of the Instructions.
That the Lords Commiss"'^ of Trade and Plantations further pro-
pose, that the whole of the Evidence, which shall be offer'd to the
Commissioners, be put in writing by the Clerk, and in presence of
the Commissioners.
That your Petitioner humbly apprehends this ought to be done
likewise in presence of the Witnesses, & that the Depositions, after
so reduced into writing, should be read to the Witnesses, and then
signed by them, and that the reducing the Evidence into writing
ought not to be left to such Minutes thereof, as the Commissioner's
Clerk may take.
That in that part of the Report of the Board of Trade, which
directs the Comm"'^ to adjourn, in order to give time to appeal, your
Petitioner humbly apprehends it is not meant, or intended, that the
Comm""^ should have power to abridge the Six weeks proposed to be
given for that purpose, whereas if the Directions, which are sent to
the Comm""* run in the general words of the Report, or other reason-
able time, it may be thought there they have such a power to
prevent, which your Petitioner humbly submits to your Lordships,
whether it may not be proper to express it, ?,i\c\\ further reasonable
time, as the Commiss''^ shall appoint.
That your Petitioner further humbly apprehends, that by the said
Directions proposed to be given to the Comm''^ the Copy of the Pro-
cess is not ordered to be given, time enough for the Assembly to see
it, before they must determine, whether they will appeal or not, but
only a Copy of the Final Determination ; whereas the Evidence being
what the Case must be determined by, your Petitioner humbly con-
cieves it is reasonable they should have that also before them for
their Consideration, to form a right Judgment, whether they ought
to appeal or not.
That your Petitioner humbly informs your Lordships, the Assem-
bly of the Massachusetts Bay always meet twice in every year, viz*,
the Spring and Fall Sessions, your Petitioner therefore humbly sub-
mits it to your Lordships Considerations, whether it be necessary to
keep the Assembly sitting, or under short Prorogations, during the
2/2 PROVINCE OF NEW HAMPSHIRE.
time of this inquiry as it may be of great and general Inconvenience
to the Members, and create great Uneasiness in the Province.
That the Report of the Lords Commiss''^ of Trade and Plantations
mentions, that your Petitioner had agreed, that the Charge attend-
ing this Commission, and the Execution thereof, should be equally
born between each Province, as to which your Petitioner begs leave
humbly to represent to your Lordships, That, pursuant to his In-
structions, he has in the strongest manner humbly insisted, that the
Comm""^ on behalf of the Massachusetts Bay ought to be named by
the Assembly of that Province, but as it has been determined other-
wise, and as it has been order'd, that a Commission should issue to
the Commiss''^ which have been proposed by the Lords of Trade,
your Petitioner did declare he could make no objection to the Ex-
pences attending the Execution of the Commission being born equally
by both Provinces, and that he thought it reasonable it should be so,
and he now offers nothing in opposition thereto, but your Petitioner
being no otherwise concerned, than merely as an Agent for the Prov-
ince of the Massachusetts Bay, and having had no Instructions from
them in relation thereto, so he cannot consent or agree, to it, but he
does not oppose it, as he thinks it reasonable it should be so. —
That your Petitioner now humbly assures your Lordships he does
not present this his Petition with the least view to retard or delay
this affair, and as the strongest Evidence thereof, he does not insist
to be heard by Council, but is willing, and thereby submits the sev-
eral matters contained in this petition to your Lordships great Wis-
dom and Justice, without desiring to be further heard thereon, hum-
bly praying your Lordships to make the several before mentioned
Alterations, in the Directions to be sent, the Commissioners, with
such further and other Directions in relation thereto, as to your
Lordships shall seem proper and necessary. —
And your Petitioner shall ever pray.
\_N'ezu Hampshire Agents, i736/y.'\
[Mss. Prov. Boundaries, p. yy-']
October the 17''' 1731 : In the House of Representatives :
Cap' John Rindge was Chosen & appointed by the House of Rep-
resentatives to Represent this Province at the Court of Great Brit-
taine with power to Appoint —
BOUNDARY LINE PAPERS. 273
and in the Name of the House Desiering any Such '^son as he
Shall think proper to Aid and Assist him in the affairs of the Lines
Jan"" 2'' 1733/4 Cap^ John Rindgc inform'd the House of his pro-
ceedings in Great Brittaine in the affaire of the Lines & y' he left
Cap' John Thomlinson to Represent the Province at home in his
Stead.
Jan"" II''' 1733/4 Cap* John Thomlinson In the House of Repre-
sentatives was Voted to be Agent for this Prov'^ at the Court of Great
Brittaine to Sollicit the speedy Setlem' of the Boundary Lines.
8" 18''' 1734 the said Cap' Thomlinson was Chosen to Solicit the
affaire of the Lines
May 6''' 1735 : Cap' Thomlinson was Chosen agent for this House
to solicit the same affaire of the Lines
Ap"" 23'^ 1736. Cap' Thomlinson was Chosen agent for this House
to Solicit the same affaire of the Lines.
Ma'' 16 1736/7 Cap' Thomlinson was Chosen agent for this House
to Solicit the same affaire of the Lines
James Jeffry Cle"" Ass™
\_iV. H. Connnittec to Attend Commissioners, 1737.]
[Mss. Prov. Boundaries, p. iii,]
Ap"" P' 1737 In the House of Representatives
Voted That M"" Speaker Wiggin John Rindge Esq'% M' Thomas
Packer & Cap' James Jeffry be a Committee of this House to Joyne
with Such as the Hon'^'^ the Council shall appoint to Waite upon,
and attend, the Commiss""^ his Most Excellent Maj'"'' hath or may ap-
point, to Mark out the Boundary Lines between the Province of
Newhampshire : and the Province of the Massachusets Bay : and to
Provide Witnesses, Pleas and, Allegations papers and Records to be
presented & made before the Said Commiss''^ in that affaire, and to
provide for their reception and Entertainment : any five of such
Comittee to be a Quorum : And that the Treasurer Supply Said
Committee with such Money as may be needfull or Necessary in that
affaire James Jeffry Cle"" Ass'"
In Coun' Eod'" die
Read and Concurrd and Voted that M"" President Walton Geo: Jaf-
frey Jotham Odiorne and Theodore Atkinson Esq'^ be joyned with
the Gentlemen above for the Service above —
Rich^ Waldron Sec-^'
Same day assented to — J Belcher
274 PROVINCE OF NEW HAMPSHIRE.
\_Comuiission of Boiiiidary Line Coviniissioncrs^
[Mss. Prov. Boundaries, pp. 136-139.]
George the second by the Grace of God of Great Britain France
and Ireland King, Defender of the faith &c''^ To our Trusty & well
beloved George Clark, Francis Harrison Cadwalder Golden Abraham
Van-Horn and Philip Levingston Esq""^ Members of the Council in
our province of New York in America ; Our trusty & well beloved
John Hamilton, John Wells, John Reading, Cornelius Van-horn and
William Provost Esq'"'^ Members of the Council in our province of
New Jersey in America; Our Trusty & well beloved William Skene,
William Sherriffe, Henry Cope, Erasmus-James Phillips, & Otho
Hamilton Esq"^^ Members of the Council in Our province of Nova
Scotia in America ; And to Our trusty and well beloved Samuel Ver-
non John Gardiner, John Potter, Ezekiel Warner & George Cornel
Esq""^ Members of the Council, in Our province of Rhode-Island in
America Greeting. Whereas We have been informed that a dispute
hath been long subsisting between our provinces of the Massachu-
sets Bay and New Hampshire in America Relating to their Respec-
tive boundaries. Know yee therefore that We reposing especial trust
and confidence, in your abilitys discretion and integrity, have nomi-
nated Authorized & appointed, and by these presents. Do nominate
authorize & appoint you the Said George Clark, Francis Harrison
Cadwalder Colden Abraham Van-horn, Philip Levingston, John
Hamilton John Wells John Reading Cornelius Van-horn, William
Provost William Skene William Sherriffe, Henry Cope Erasmus
James Phillips Otho Hamilton, Samuel Vernon, John Gardiner John
Potter, Ezekiel Warner & George Cornel, or any five or more of you
to be our Commissioners for Settling Adjusting & determining the
Respective boundaries of Our said provinces of the Mass"* Bay &
New Hamp"" in America, in dispute as aforesaid. Our Will & pleas-
sure therefore is that you repair by the first convenient oppertunity
to the Town of Hampton Within the S'^ Province of New Hamp"" as
being most conveniently Situated for that purpose, and there hold your
first meeting on the first day of August, in the year of our Lord
Christ 1737 from which day & any future days of adjournment, you
may adjourn to such time & times as may be most convenient for
you, and in case five of you shall not be present on the said first day
of August, or on any other day of adjournment, then Such or a Ma-
jority of Such of you as Shall be present shall and May adjourn the
further Execution of this Commission in manner aforesaid, and that
at your first Meeting you do make choice of One or more Clerk or
BOUNDARY LINE PAPERS. 2/5
Clerks to Enter your Minutes and proceedings, as also of one or More
Skilfull Persons to prepare draughts or Plans of the Country or boun-
darys as there Shall be from time to time occasion, and that you do
administer to such Clerks, or other Persons as you Shall Employ an
oath or if they shall be of the People call'd Quakers, an affirmation
for the due and faithfull execution of their trusts ; And That of the
Commissioners present at any jVIeeting, he who is first named in the
list of Commissioners, shall preside at such Meeting & shall Issue out
the Necessary Summons for such Witnesses as Either Party shall
require : And We do hereby direct and Command, that you our Said
Commissioners do use all convenient dispatch in this affair, and that
all determinations be made by a Majority of the Commissioners who
shall be present at any meeting, provided there shall be then present
five or More of the said Commissioners, and Our further Will &
pleasure is, that in case Either of the Said Two Provinces whose
boundarys are to be settled shall neglect to send to you at your first
meeting the Names and Places of Abode of Two of their Publick offi-
cers Residing in their Respective Provinces on Either of whom or at
whose place of Abode, any notices Summons or final Judgment of
you our Said Commissioners may be served or left, and in Case
Either of the said Provinces shall also neglect To send to you Our
said Commissioners at your first meeting a plain and full state of
their demands or pretensions in writing describing where and in what
places the boundarys on the Southern and Northern Part of New
Hampsh'' ought to begin, and what Courses and how far the same
ought to run Respectively to the end that Copys thereof, may be
mutually Exchanged in order to prevent any unnecessary delay, and
that Each Party may come fully prepared, that Then you Our said
Commissioners or any fiv^e of you in Either of these Cases do proceed
Ex Parte ; And We do further direct and Command, that no Wit-
nesses be allowed of by you to give Evidence, but such as shall be
sworn, or shall take a solemn affirmation being of the People called
Quakers before you, in open Court, which you are hereby impowered
to administer, and that the whole of what such Witnesses shall offer
to you be put in writing by the Clerk in the presence of you, and of
the Respective Witnesses, and that the same be read to and Signed
by the Respective Witnesses And We do further order, and direct
that Entrys be made of all Papers Evidences deeds charters and
proofs, Received by you in this affair, and of all your proceedings
and Resolutions throughout the same, and that plans or draughts of
Such boundary lines as Shall be agreed upon by you be Annexed
thereto, and made Parts thereof, and'OuR further will & pleasure is,
that, when you Shall have made your final determination and Sign'd
2/6 PROVIN'CE OF NEW HAMPSHIRE.
the same a Copy thereof shall be sent to Such Publick Officer or
Officers in Each Respective Province as before mentioned as likewise
notice of Another meeting to be held by you at the distance of six
weeks, or at such further reasonable time as you Shall appoint not
Exceeding three Calendar Months, at which said Meeting, Either of
S^i Provinces who shall find themselves aggrieved, may Enter their
Appeal to us in Our Privy Council with a declaration what parts of
the Determination of you the said Commissioners they abide by or
appeal from, but if Neither of the Said Provinces do Enter their Ap-
peal or Exception against your determination at Such last Meeting,
Our will is, that then and In such Case no Appeal or Exception,
shall be afterwards Received or Admitted, and Such determination
of you our Commissioners being confirmed by us Shall be final and
Conclusive to both the S^ Provinces and further our will is, that Each
of the Said Provinces be permitted to take out at their own Expence
Copys of the whole proceedings in this affair, to be Attested by three
or more of you our Commissioners, In Witness whereof We have
Caused these Our Letters to be made Patent- Witness Our Self
at Westminster the ninth day of April in the tenth year of Our
Reign
By writ of Privy Seal Bisse Bray —
Copy Rich'^ Waldron Sec""-'' —
Compared w"^ y^ Original Sep^ 17, 1737. —
\_Mass. ConiDiittcc to Escort Commissioners^ I737-]
[Masonian Papers, Vol. 4, p. 115.]
Prov: of the ) At a Council held at the Council Chamber in Boston,
Massa: Bay \ July 27, 1737.
Voted, That Thomas Berry and Benjamin Lynde jun"" Esq''* be a
Committee of this Board to meet His Majesty's Commissioners that
may come from Rhoad Island or Elsewhere, and attend them thro
this Province & to the Town of Hampton, in the Province of New
Hampshire. Atf Simon Frost Dep' Sec''^'
BOUNDARY LINE PAPERS. 2/7
[John Riiidgc to Conniiissioficrs, 1737.]
[Masonian Papers, Vol. 4, p. 116.]
Province of
New Hampshire Hampton August the first 1737/
May it please your hon""*
I Presume each of you have received a Coppy of a Commission
under the Great Seale Dated Aprill the 9'^ 1737 — Appointing you
& others Commiss"'^ to Settle the Boundaries, Between his Majesties
Province of New Hampshire and the Province of the Massachusets
Bay in New England —
And as agent for the House of Representatives of New hampshire
— This being the time and Place Appointed for the first meeting of
the Commissioners, I here Produce you the Orriginall Commission
under the Great Seal of England, which I now deliver to you & pray
that A minite may be made thereof —
I am with utmost Defference
Yo"" hon""^ Most humble and most obedient Servant —
J Rindge
[Proceedings of the Boundary Line Coviniissioncrs.A^
[Mass. Archives, Vol. 5, pp. 70-101.]
[In place of the abstract here entered, this document is given in full
from a duplicate original in Masonian Papers, Vol. 4, p. 117.]
[Seal] At the Council Chamber Whitehall
the 9"^ day of February 1736
Present
The Lords of His Majestys most Honourable Privy Council
Upon reading at the Board a Report from the Right Honourable
the Lords of the Committee of Council for Plantation Affairs dated
the 4''' of this Instant in the words following — Viz'
"Your Majesty having been pleased by Your Order in Council of
"the 22'' of January 1735 to Approve of a Report then made to Your
"Majesty by this Committee upon a Dispute which hath been long
278 PROVINCE OF NEW HAMPSHIRE.
" Subsisting between the Provinces of the Massachusets Bay and
"New Hampshire relating to their respective Boundarys wherein it
"was proposed to Your Majesty to Appoint and Authorize Commis-
"sioners to be Chosen out of the Neighbouring Provinces in America
"to meet within a Hmited time and Mark out the dividing Lines be-
* 'tween the said Provinces Care being taken that private property
"shoukl not be affected thereby And Your Majesty having been
"pleased at the same time to Order this Committee to Consider of
"the Names of Persons proper to be appointed Commissioners for
"that purpose as likewise of such directions as may be necessary to
"be given to them in this behalf — the Lords of the Committee have
"met several times to consider thereof and have taken the Opinion
"of the Lords Commissioners for Trade and Plantations thereupon
" and have heard Counsel in behalf of both the said Provinces And
"Do thereupon Agree humbly to Report to Your Majesty as their
"Opinion —
" That the five Eldest Councillors in the respective Provinces of
" New York New Jersey Nova Scotia and Rhode Island (except only
"Major Mascarine one of the Council in Nova Scotia who appears to
" be a person interested in the Province of the Massachusetts Bay)
"may be appointed the Commiss''-" for Settling the Boundarys in Dis-
" pute —
"That the first of August 1737 may be the day on which the
" Commissioners may be directed to hold their first Meeting from
" which they may adjourn to such times as may be most Convenient
" for them —
" That the Place to be appointed for such their first Meeting be
" the Town of Hampton within the Province of New Hampshire as
" being most conveniently Situated for that purpose
" That five of the Commissioners be deemed a Quorum and that
" all Determinations be made by a Majority of the Commissioners
" who shall be present —
" That either party who may find themselves aggrieved by theDe-
" termination of the said Commissioners be at liberty to Appeale
" therefrom to Your Majesty in Council And that the said Commis-
" sioners be Empowered and directed to Administer an Oath or Af-
" firmation to all such i^ersons as shall be found necessary to be ex-
" amined before them.
" That the Commissioners be Directed at their first Meeting to
" make Choice of one or more Clerk or Clerks to enter their Minutes
" and Proceedings As also of one or more Skillfull Persons to prepare
" Draughts or Plans of the Boundarys according to the Determina-
" tion of the Commissioners who are also to administer an Oath or
BOUNDARY LINE PAPERS. 2/9
" Affirmation to such Clerks or other persons as they shall employ
" for the clue and faithful Execution of their Trusts. —
"■ That in case each of the two Provinces whose l^oundarys are to
" be Settled shall neglect to send to the said Commissioners at their
" first Meeting (pursuant to Directions to be sent to the Governor of
" those Provinces by the Lords Commissioners for Trade and Planta-
" tions) the Names and Places of Abode of two of their Publick Of-
" ficers residing in that Province in either of whom or at whose place
"of Abode any Notices Summons or final Judgment of the said
" Commissioners may be Served or left — And in case they shall also
"neglect to send to the said Commissioners at their first Meeting" a
"plain and full State of their Demands or Pretensions in Writing de-
" scribing where and in what Places the Boundarys on the Southern
"and Northern part of New Hampshire ought to begin and w^hat
" Courses and how far the same ought to run respectively — That
" Copys thereof may be mutually exchanged in Order to prevent any
" unnecessary Delay and that each Party may come fully prepared
" that then the said Commissioners in either of these Cases do pro-
" ceed exparte —
" That the said Commissioners be directed to use all convenient
" Dispatch in this Affair. —
" That of the Commissioners present at any Meeting he who is
*' first Named in the list of Commissioners shall preside at such
" Meeting and shall issue out the necessary Summons for such Wit-
" nesses as either Party shall require
" That no Evidence be allowed of by the Commissioners but such
" as shall be Sworn or take an Affirmation before them in Open
" Court And that the whole of what such Evidence shall Offer to the
" Commissioners be put in Writing by the Clerk in the presence of
" the said Commissioners and of the respective Witnesses and that
"the same be read to and Signed by the Witnesses. —
" That Entrys be made of all Papers Evidences Deeds Charters
" and Proofs received by the Commissioners in this Affair and of all
"their Proceedings and Resolutions throughout the same and that
" Plans or Draughts of the Boundary Lines as agreed to by them be
" annexed and made parts thereof.
" That when the Commissioners shall have made their final Deter-
" mination and Signed the same a Copy thereof shall be sent to such
" Publick Officer in each respective Province as beforementioned as
" likewise Notice of another Meeting to be held at the Distance of
" Six Weeks or such further reasonable time as the Commissioners
" shall appoint not exceeding three Months At which said Meeting
" either of the Provinces who shall find themselves aggrieved may
2S0 PROVINXE OF NEW HAMPSHIRE.
" enter their Appeal with a Declaration what parts of the Determi-
" nation of the said Commissioners they Abide by or Appeale from
" And that each Province be permitted to take out at their Own Ex-
" pence Copys of the whole Process to be attested by three or more
" of the Commissioners. —
" That if neither party do Enter their Appeale or Exception
'' against the Determination of the Commissioners at such last Meet-
" ing then no Appeale or Exception shall be afterwards received or
"admitted and such Determination of the Commiss''^ being Confirmed
"by Your Majesty shall be final and Conclusive to all Partys —
" If Your Majesty shall be pleased to Approve of the several par-
" ticulars aforementioned — The Lords of the Committee beg leave
" humbly to propose that a Draught of a Commission may be pre-
" pared agreable thereto in Order to be past under the Great Seal
" of Great Britain —
"And their Lordships further humbly Offer to Your Majesty that
" the Charges attending this Commission and the Execution thereof
" should be equally born between each Province the Agents of the
" said Provinces having Agreed that it was reasonable so to be —
" And that the good purposes proposed by this Commission may
"not be frustrated by any Failure in the Execution thereof — Their
" Lordships beg leave to propose to Your Majesty that Circular Let-
" ters be wrote by the Lords Commissioners for Trade and Planta-
" tions to the respective Governors of New York New Jersey Nova
"Scotia and Rhode Island acquainting them with Your Majesty's In-
" tentions to issue such Commission as is above proposed and Direct-
" ing them to inform the Commissioners resident within their re-
" spective Provinces of the time and Place intended to be appointed
" by the said Commission for the first Meeting of the said Commiss"'^
"And to recommend it Strongly to such of the said Commiss""^ as are
"able, to go and attend this Duty — And to the end that all Partys
" may be prepared to proceed before the Commissioners at their first
" Meeting — Their Lordships beg leave further to propose that Let-
" ters be likewise wrote by the said Lords Commissioners for Trade
" and Plantations to the Governor of the Massachusetts Bay and
" New Hampshire to recommend to the respective Councils and
" Assemblys of the said Provinces to appoint two of their Publick Of-
" ficers residing in the said Provinces on either of whom or at whose
" Place of Abode any Notices Summons or final Judgment of the
" said Commissioners may be Served or left And to send the Names
" and Places of Abode of such Officers to the said Commissioners at
" their first Meeting together with a Plain and full State of their De-
" mands or Pretensions in Writins describins: where and in what
BOUNDARY LINE PAPERS. 251
" places the Boundarys on the Southern and Northern part of New
" Hampshire ought to begin and what Courses and how far the same
" ought to run respectively — And to acquaint them that in case of
"their Omission so to do, the said Commissioners are Empowered to
" proceed Ex parte —
Which Report being this day Approved, It is thereupon Ordered
in Council that His Majestys Attorney and Sollicitor General do pre-
l^are and lay before His Majesty at this Board The Draught of a
Commission to be past under the Great Seal Agreablc to what is
therein proposed, And that they do insert in the said Draught such
other Clauses as may be necessary in a Commission of this Nature,
and as may tend to the better carrying His Majestys intentions in
this behalf into Execution And it is hereby further Ordered in Coun-
cil That the Lords Commissioners for Trade and Plantations do write
the Circular and other Letters to the respective Governors of His
Majestys Plantations as proposed by the said Report. —
W ^=^ Sharpe
I Aug' 1737. In the morning.
At a Meeting of 4 of the Comm''^ then held the above Comm'on
was read & W'" Parker a Gent of New Hampshire was appointed by
the Comm^=^ to take Minutes of their Proceedings untill there sho*^
be a quorum of the Comm'* present & an Oath was adm''ed to him
for the ffaithfull Discharge of that Trust
Then a Com'ee of 8 Gent appointed by the Gen" Court of the
Province of New Hampshire appeared & laid before the Comm""^ a
Vote of the Gen" Court of that Province passed by the Gen" Assem-
bly I. April 1737.* appointing them a Com'ee to attend the Comm'"''
his Ma'tie had or might appoint to mark out the Boundaries between
the s'^ Provinces & to provide Witnesses Pleas & Allegations Papers
& Records to be presented & made before the s'^ Comm'^ in that
affair & to provide for the reception & entertainm' of the Comm''^, &
any 5 of the s^ Com'ee to be a Quorum, With an Order upon their
Trea'rer to supply the s'' Com'ee with such money as might be need-
full or necessary in that affair, ffo: 6. 7 —
The New Hampshire Com'ee then laid before the Comm'"'' in writ-
ing the names of 2 Publick Officers (Viz* Rich'' Waldron Secr'y &
Eleazer Russell Esq"" Sheriff of s'' Province both of Portsmouth in
New Hampshire) on whom the Comm''^ Summons or ffinall Judgm'
might be served untill ffurther Order made by the General Court —
*Printed. State Papers, Vol. IV., p. 732.
19
282 PROVINCE OF NEW HAMPSHIRE.
[In place of the abstract here entered, this document is given in full
from the original in Masonian Papers, Vol. 4, p. 119.]
Province of } To The Hon'''* the Commission'^ Appointed by His
New Hamp"^ \ Majesty's Commission under the Great Seal to Settle
the boundary Lines between His Majesty's Province of New
Hampshire & the Mass^ Bay in New England —
Whereas it is Recommended by an Order of Council & Approved
of by His Majesty to the Respective Councils & Assemblies of the
Provinces whose Boundaries are to be Settled, to Appoint two of
their Public Officers Residing within each Province on either of whom
or at whose Place of abode any Notices Summons or final Judgment
of the Commission''^ may be Served or Left —
And inasmuch as the Council & Assembly of New Hampshire
have not been Convened Since the Arrival cf the Said Order and
that there Should be no failour for want of Such Officers being Nom-
inated. —
We the Committee Appointed by the GoV Council & Assembly
of this Province to Provide Witnesses Pleas &c. to be presented &
made before Your Hon""^ Do hereby Appoint Richard Waldron Esq''
Sec''y of the Province of New Hampshire And Eleazer Russell Esq'"
High Sheriff of Said Province both of Portsmouth In the Province of
New Hampshire — To be Publick Officers On whom or at whose
places of Abode any Notices Summons or final Judgment of Your
Hon""^ may be Served or Left — these we Appoint until further Or-
ders may be made by the General Court —
We are in behalf of His Majestys Province of New Hampshire
Yo'' Hon'"^ Humble Serv^^
Hampton Aug"' P' 1737/ Sha^ Walton
Geo. Jaffrey
Jotham Odiorne
Theodore Atkinson
And'' Wiggin ' Committee
J Rindge
Tho' Packer
James Jeffry ^
The s*^ New Hampshire Com'ee also laid before the Comm''-
Another paper containing the Demands of New Hampshire with re-
spect to the Boundaries of the 2 Provinces — Which Setts forth
State of the Demands of New Hampshire
DOUXDARV LINE PAPERS. 283
[In place of the abstract here entered, this document is given in full
from the original in IMasonian Papers, Vol. 4, p. 120.]
Prov. of I To The Hon'"'"' the Commissioners Appointed by
N. Hamp"" ( His Majestys Commission under the Great Seal to
Settle the boundary Lines between His Majesty's Province of New
Hampshire & the Province of the Massachusets Bay in New Eng-
land.
We the Subscribers being a Committee Appointed by the Gen-
eral Court of New Hamp"" to lay before Your Hon''^ a plain and full
State of the demands & Pretentions of this Province together with
Such Pleas & Allegations as we shall think necessary to Support &
maintain the Same — Do now Inform Your Hon'^ That New Hamp-
shire is a Small Province Laying principally between that which was
formerly the Colony of the Mass^ Bay & that Tract of Land called
then the Province of Main which are Now Incorporated into One Prov-
ince by the Charter of King William & Queen Mary Dated Octob''
20''' 1 69 1 Bounded Viz —
" All that part of New England in America laying & Extending
" from the Great River commonly called Monomack alias Merimack
" on the North part, & from three Miles Northward of the Said
" River to the Atlantic or Western Sea or Ocean on the South part,
"& all the Lands & Hereditaments whatsoever lying within the Lim-
" its aforesaid & Plxtending as far as the outermost points or Prom-
" ontories of Land called Cape Cod & Cape Malabar North & South
" & in Latitude, breadth. And in Length & Longitude, of & within
" all the breadth & Compass aforesaid through-out the main Land
" there, from the Said Atlantic or Western Sea, And Ocean on the
•' East part towards the South Sea, or Westward as far as our Col-
" onies of Rhode Island, Connecticut, & the Narragansett Country :
" And also all that part & portion of Main Land, beginning at the
" entrance of Piscataqua Harbour, and So to pass up the Same into
" the River of Newichwannock & thro' the Same into the farthest
" head thereof, & from thence North Westward till one hundred and
" twenty Miles be finished, & from Piscataqua Harbour mouth afore-
" said North Eastward along the Sea Coast to Sagadohock & from
"■ the Period of One hundred & twenty Miles aforesaid to Cross Over
" Land to the one hundred and twenty Miles before Reckoned up
" into the Land from Piscataqua Harbour through Newichwannock
" River & also the North half of the Isles of Shoals " &c. —
In behalf of His Majesty & of his Governm' of the Province of
New Hampshire We do demand & Insist that the Southern boundary
of Said Province should begin at the end of three Miles North from
284 PROVINCE OF NEW HAMPSHIRE.
the Middle of the Channel of Merrimack River where it runs into
the Atlantick Ocean, and from thence should run on a Straight Line
West up into the Main Land (towards the South Sea) until it meets
with His Majesty's other Governments —
And that the Northern Boundary of New Hampshire should begin
at the Entrance of Piscataqua Harbour & so to pass up the Same
into the River of Newichwannock & through the Same into the fur-
thest head thereof and from thence North Westward (that is North
less than a quarter of a point Westerly,) as far as the British Domin-
ion Extends, and also the Western half of the Isles of Shoals, we
say lyes within the Province of New Hampshire —
We also demand that the Charge Attending the Commission under
the Great Seal Impowering Your Hon'"'' to determine the Said Bound-
aries & the Execution thereof be Equally Born by Each Province ac-
cording to the Order of Council of the gi^^ of Feb''>' 1736 and Ap-
proved of by His Majesty
All which is Submitted to Your Honours in behalf of the Gov-
ernment of New Hampshire by
Your Hon""^ Humble Serv^^
Hampton August i*' Sha'^ Walton
1737 Geo. Jaffrey
Jotham odiorne
Theodore Atkinson , r-
, ir -.-rr • > Committee
And"^ vViggin [
J Rindge
Tho® Packer j
James Jeffry J
The Comm''^ then Ordered the s*^ Papers to be laid on the Board &
Adjourned to 4 o' Clock in the afternoon
The Comm''^ at their Meeting in the afternoon according to Ad-
journm^ (when a Quorum of the Comm""* 7 in number attended) Ap-
pointed the s*^ W"' Parker to be their Clerk, & George Mitchell Dep-
uty Surveyor of his Ma'ties Woods in North America to be their
Surveyor to make Plans & Drafts for 'em, Both whom they swore to
the ffaithfull Discharge of their Office — ffo : 12. 13.
Two of the Council of the Province of the Massachusetts Bay
then laid before the Comm""* a Vote of the Gen" Court of that Prov-
ince passed by the Gen" Assembly 4 July 1737. —
[In place of the abstract here entered, this document is given in full
from Masonian Papers, Vol. 4, p. 121.]
At a Great and General Court, or Assembly for His Majesty's
Province of the Massachusetts Bay in New England, Begun and Held
at Boston upon Wednesday the Twenty fifth Day of May. 1737. —
BOUNDARY LINE PAPERS. 285
In Council
July, 4''' Ordered, That Josiah Willard Esquire Secretary of
this Province, and Edward Winslow Msquire, Sheriff of the County
of Suffolk, be, and hereby are Appointed the Public Officers On
whom or at whose Place of Abode Any Notices, Summons, or other
Process of His Majesty's Commissioners for the Settling the Boun-
dary Line between this Province, and the Province of New Hampshire
may be Served or left.
Sent down for Concurrence
Simon P>ost Dep' Secry.
In the House of Representatives, July 5, 1737.
Read, and Concurr'd J Ouincy Sp"""
Consented to, J Belcher
A true Copy Exm'd '^ Simon Frost Dep' Sec'^
N. B, The Dwelling House or place of Abode of Josiah Willard
Esq"" is in School Street, & of Edw'^ Winslow Esq"" above named is in
Kings Street in Boston within the Province aboves''
Atf Simon Frost Dep' Sec-'y
The s'' 2 Members of the Massachusetts Council also laid before
the Comm''%
A Letter from the Secr'y of that Province.
[In place of the abstract here entered, this letter is given in full from
Masonian Papers, Vol. 4, p. 122, and Province Boundaries, p. 113.]
Gentlemen,
I am Commanded by His Excellency the Governour, and the
Council of this Province to acquaint You, That at the Time of the
Rising of the General Assembly in Boston, there was no Account
that any Commission from His Majesty was arrived, or so much as
made out, for adjusting of the Differences between this Province, and
the Province of New Hampshire, referring to their Boundary Lines,
and therefore the said Assembly was Prorogued to the P^ourth Day of
August, which happens to be Three Days after the first Day of the in-
tended Meeting of the Commissioners on that Affair ; That the
Assembly appointed a Committee to Draw a State of the Case,
respecting the Boundaries, in Order to the Court's preparing a State
of their Demands, agreeable to His Majesty's Order in Council ;
which the Court will doubtless at their first Meeting have ready to
286 PROVINCE OF NEW HAMPSHIRE.
lay before the Commissioners at Hampton without any Delay ; And
therefore the Governour and Council Desire You would not suffer
this Province to receive such a Prejudice by this short Delay, as will
be the Consequence of Your proceeding Decisively without receiving
Our Demand : And they are the rather inclined to expect this Jus-
tice from you, because they cannot conceive, That by the first Meet-
ing mentioned in the Commission, any thing else can be intended
than the first Session where no long adjournment shall intervene, it's
not being said the first Day of their Meeting.
And for as much as the Government of New Hampshire have not
appointed Persons at whose Places of abode, Summons &c are to be
left, the Board apprehend it to be as Essential a Defect, according to
the Kings Commission, as the not giving in a State of the Demand,
Since That ought to be previous to This ; And that therefore New
Hampshire can give in No state of their Demands, nor have them
Considered till the Other Article be comply'd with.
On the whole, the Governour and Council doubt not but this Prov-
ince will have equal Justice from the Commissioners, with the other
Province.
I am. Gentlemen,
Your Most Obedient Humble Servant,
Boston, July 27, 1737. J Willard Sec'ry.
Herewith is inclosed the Vote of the General Assembly of this
Province referring to the publick Officers at whose Places of Abode
Summons's &c are to be left. J W
After reading of which the Court Ordered the ffurther cons: there-
of to be deferred to Tuesday 2'^ Aug^ & the cons: of the papers laid
before the Comm" by the Com'ee of New Hampshire were deferred
to a future day & the Court Adjourned to Tuesday at 10. ff o : 16.
2 Aug* 1737.
The Comm""^ read & took into cons: the s'' Vote & Letter from the
Massachusets & resolved to send an Answer to the Secr'y of the
Province of the Massachusetts.
The Com'ee for New Hampshire then Presented a Remonstrance
in writing to the Comm''' —
[Instead of the abstract here entered, this document is given in full
from the original in Masonian Papers, Vol. 4, p. 123.]
Province of \To the Honourable the Commission'''^ Appointed by
New Hampsh' /His Majesty to Settle the Boundary Lines between
BOUNDARY LINE TAPEKS. 28/
the Provinces of New Hampsh' & y*^ Massachusets Bay in New
England
We the Committe Appointed by the Gen^ Court of the Province of
New Hampsh'' to prepare a State of the Demands & Claim of the
Government of His Majestys Province of New Hampsh"" and Pleas &
Allegations to Support the Same Beg Leave to Observe to Your
Honours That this Dispute & Controversy between the two Prov-
inces aforesaid touching their Respective Boundarys has bin Long
Subsisting and dureing the whole the Goverm' of y'^ Massachusets
Bay has shewn a great Backwardness and Even Aversion to any
Measures that had a Tendency to the Settlement thereof (being Con-
cious as We Suppose that they could by no Colour of Right Support
their Pretentions and that they made daily Incroachments on the
King's Lands) And Since the last Essays on the part of New Hamp-
sh"" to have the Matter Ended by Peticion to His Majesty Whereby
the Affair has bin Brought to the State it now Stands in the Massa-
chusets by their Agent in England used all the Artifices and Devices
Imaginable to Procrastinate and Delay the Issue Whereupon the
Agent for New Hampsh' Warily Guarded against them on that quar-
ter and Peticiond His Majesty in Councill among Other Things that
the Commissioners might be Instructed & Directed to make all Con-
veniant Dispatch, and as an Expediant thereunto that Each of y^
Contending Provinces might be Directed and Oblidged to Put in a
full and Plain State of their Demands and Pretentions on the first
day of the meeting of y'^ Commissioners Pursuant to Which, His
Majestys Commission under the Great Scale which Gives Your Hon-
ours Cognizance of this affair Particularly Directs and Commands
that all Conveniant Dispatch be Made And in order thereunto that
Each Province put in a plain and full State of their Demands & Pre-
tentions in Writeing Describeing Where and in what Places the
Boundarys on the Southern and Northern part of New Hampsh' ought
to begin, and What Courses and how far the Same ought to Run on.
Pain of Being Proceeded against ex parte for their Neglect (that is
as We understand it That Your Honours should Hear only what that
Province had to Say which Should Obey the Direction of His Majes-
tys Commission) of which as Well as His Majestys Order of Councill
Dat'' ffebruary y^ 9*^ 1736 to the Same Purpose both the s'' Provinces
have had timely and Seasonable Notice.
This order and Direction of His Majesty (as all others Relateing:
to this affair) has been Carefully Observed and Attended by Us of
New Hampsh'' to the Utmost of Our Power on the Part and Behalfe
of this Government.
And as the Government of the Massachusets have not Observed
and Obeyed It But Agreeable to their usuall Method in this Case
288 PROVINCE OF NEW HAMPSHIRE.
have Delayed the Matter and Made no seasonable Preparation as
they themselves Confess as to a State of their Case and Extent of
their Claim (in Direct Opposition to that Materiall and Essentiall
Clause of His Majesty's Commission) But Instead thereof Pray that
Your Honours would Suspend the affair to Give them more time.
We Therefore in Behalfe of the Government of New Hampshire
Except Against any Claim or Demand of the Massachusets being
now Received by Your Honours And Doe Hereby Utterly Object
and Protest against their Puting in and Laying before Your Honours
any Evidence of any Kind Whatsoever Relateing to this affair and
Against Your Honours Receiveing and Considering any Matter or
Thing Whatsoever that they Shall Now Offer
And We in Behalfe of the Government of the Province of New
Hampsh'' Pray that Your Honours would Proceed upon the Matters
in Dispute by the Help of Such Arguments Papers & Evidence as
Shall be Lay'd before Your Honours on the Part of New Hampsh'" —
And that this Our Bill of Exception may be Entered at Large in
Your Journalls & Minits and Made a part of the Same
We are in Behalfe of his Majesty's Government of New Hampsh''
Y"- Honours Most Obed' Humb^ Serv'^
Hampton Aug^* 2^ 1737 Sha'^ Walton
Geo. Jaffrey
Jotham Odiorne
Theodore Atkinson ^
A ir Air • ,' Committe
And"^ Wiggin
J Rindge
Tho* Packer
James Jeffry
The Court then took under cons: Whether the Massachusetts sho^
have a day Assigned them to bring in their Demands & Resolved
that they sho^ have time till 8 Aug' & no longer to bring in their
Claim & Demands & their Clerk was Ordered to write to the Sec'ry
of the Province to acquaint him therewith, Which was accordingly
done & the Comm"''' then Adjourned to Monday 8 Aug' ffo: 20
[This letter is here given in full from Masonian Papers, Vol. 4,
p. 124.]
S"" The Hon'''^ the Court of Commiss''^ Appointed by His Majesty
to Settle the boundary Lines between y^ Provinces of the Mass"* Bay
•& New Hamp"" have Ordered me to Inform you that they have Re-
■ceiv'd Your Letter of y^ 27 of July last wherein you have made no
further Demands than only that they would grant a further time for
BOUNDARV LINE I'APEKS. 289
yL' Prov of the Mass^ to prepare a State of their pretentions &c \v"='>
y*^ Court has Considered & thereupon Resolved that they would Sus-
pend the further Consideration of the Matters in Dispute until Mon-
day y 8''' Inst' at which time (at furthest) they Expect that the Prov-
ince of the Mass"" Send to them a Plain &full State of their Demands
or pretentions in Writing describing where & in what places the
boundarys on the Southern & Northern part of New Hamp' ought to
begin & what Courses & how far the Same ought to Run Respec-
tivelv — otherwise the Court will agreeable to the Direction in their
Commission proceed to Settle y'^ Said Boundary Lines Ex parte —
by order of the Said Court
Hampton Aug 2. 1737 W'" Parker Cler
Josiah Willard Escf Sec'' of y'= Prov of the Mas'" Bay
8 Aug' 1737
The Com'ee for the Massachusetts Bay being 10 in number laid
before the Comm''^ a Vote of the Gen^' Court of the Province appoint-
ing them Agents in behalf of the Province to attend the Comm''^ in
support of the Claim of the s'^ Province, & likewise Presented to the
Comm''^ the ffoll State of their Demands approved of by the Gen^^
Court & Assembly of the Massachusetts.
[This document is here given in full from Masonian Papers, Vol. 4,
p. 125.]
At a Great and General Court or Assembly for His Majesty's
Province of the Massachusetts Bay in New England, Held at Bos-
ton by Prorogation the 4''^ Day of August, 1737. —
In the House of Representatives August. 5. 1737.
Voted That Elisha Cooke Esq"" M' Thomas Gushing Job Almy
P3sq'' Henry Rolfe Esq"" and M"" Nathaniel Peaslee with such as shall
be joined by the Honourable Board be Appointed Agents in behalf
of this Province And are hereby fully Authorized and Impowered to
Appear before the Hon''''' His Majesty's Commissioners Appointed
to Settle the Boundaries between this Province and New Hampshire
(any Five of whom to be a Quorum) and that they Lay the State of
the claims and Demands of this Province relating to the said Boun-
daries before them. And Support the same in the best manner they
can —
Sent up for Concurrence J Ouincy Sp'"'
Ln Council August. 5. 1737.
290 PROVINCE OF NEW HAMPSHIRE.
Read and Concur'd and Edmund Ouincy, William Dudley Samuel
Welles, Thomas Berry and Benj'^ Lynde jun"" Esq''^ are Joined in the
Affair — J Willard Secry —
Consented to. J Belcher/
A true Copy Examined "^ J Willard Sec'ry.
State of Massachusetts Demands ffo: 24 to 27.
[In place of the abstract here entered, this document is given in full
from the original in Masonian Papers, Vol. 4, p. 126.]
Province of the ^ To The Honourable His Majestys Commission-
Massachusetts Bay y ers for marking out and setleing the Boundarys
in New England J between the Province of the Massachusetts
Bay, and the Province of New Hampshire as well on the Southern
as on the Northern part of New Hampshire
A Brief and Plain State of the Claims and Demands of the Prov
ince of the Massachusetts Bay touching the Boundarys aforesaid by
them presented —
Whereas His Majesty King Charles i^' by His Letters Patents
Dated 4 Car. March 4^'' 1628 Erected the Colony of the Massachu-
setts Bay into a Corporation Government Describing their bounds to
Comprehend all the Lands lying between Merrimack River and
Charles River and all the Lands lying within three miles on the
Southside of Charles River or any part of it and all the Lands lying
within three miles and to the Northward of Merrimack River or any
part of it, and ail the Lands within the Limits aforesaid North and
South in Latitude and breadth, and in length & Longitude within all
the breadth aforesaid throughout the Main lands from the Atlantic
Ocean to the South Sea.
And afterwards by his Letters Patents Dated Anno 1639, erected
the Province of Main bounding it on the Southwest Thus Viz^ begin-
ning at the Entrance of Piscataqua Harbour passing up the Same to
the River Newichwannock thro that to the furthest head thereof, and
from thence to run Northwestward till one hundred and twenty miles
be finished —
On the 20^'' July 1677 upon the Petition of M"" Mason, and M""
Gorges against the Colony of the Massachusetts Bay, the Northern
bounds of this Colony were brought in Judgment before His Majesty
King Charles the Second and after Several References and Hearings
His Majestys final Judgment in Council thereupon was given Viz'
That the North and South bounds of this Colony so far as the Riv-
ers extend shall follow the Course of the Rivers, but when those
BOUNDARY LINE PAPERS. 29I
known boundarys determine, the breadth shall be carried on by Im-
aginary Lines to the South Sea.
Upon that Supream Judicial Determination and within two years
after it King Charles the Second by his Letters Patents Erected the
Province of New Hampshire bounding the Same from three miles
Northward of ^Merrimack River, or any part thereof, to the Province
of Main.
King William and Queen Mary by their Letters Patents dated 7'''
October 1691 united the late Colony of the Massachusetts the Prov-
ince of ]\Iain with other Adjacent Territorys and erected them into
One Real Province by the Name of the Province of the Massachu-
setts Bay in New England with which the Southern and Northern
boundarys of Newhampshire are now to be Setled marked out, and
plans thereof made to prevent all future Disputes concerning the
Same.
Now therefore Pursuant to these Antient Grants from the Crown
made above a hundred years agoe acknowledged and more particularly
explained in that Judicial Determination of the King in Council and
recited and Confirmed in the Province Charter, The Province of the
Massachusetts Bay Claim and demand Still to hold and possess by a
boundary Line on the Southerly Side of New Hampshire beginning
at the Sea three English miles North from the black Rocks So called,
at the Mouth of the River Merrimack as it Emptied it Self into the
Sea Sixty years agoe, thence running Parralel with the River as farr
Northward as the Crotch or parting of the River, thence due North
as far as a certain Tree Commonly known for more than Seventy
Years past, by the Name of Indicots Tree, Standing three English
miles Northward of said Crotch or parting of Merrimack River, And
from thence due West to the South Sea, which they are able to prove
by Antient and Incontestable Evidences are the bounds intended
Granted and Adjudged to them as aforesaid ; which Grant and Set-
tlement of King Charles the 2^ Anno 1677 as abovesaid, we Insist
upon as Conclusive and Irrefragable.
And on the Northerly side of New Hampshire a boundary Line
beginning at the Entrance of Piscataqua Harbour passing up the
Same to the River Newichwannock through that to the furthest head
thereof, and from thence a due Northwest Line, till one hundred and
twenty miles from the Mouth of Piscataqua Harbour be finished,
which is the extent of the Province of the Massachusetts Bay on that
part, And therefore We doubt not but that you will Judge it just and
reasonable to Order the bounds and lines beforementioned to be run,
mark'd out and Established accordingly, so far as New Hampshire
extends ; and desire that plans thereof may be made for the perpetual
Remembrance of them —
292 PROVINCE OF NEW HAMPSHIRE.
By Order of the Great and General Court or Assembly for the
Province of the Massachusetts Bay in New England aforesaid —
Boston August 5'*" 1737. J Willard Sec'ry.
ffo : 27. The Comm''* after having heard the Demands of each
Province read Ordered their Clerk to prepare Copys thereof to be
mutually Exchanged in order to their answering the same Which be-
ing done & the Copys Exchanged in Court The Court Adjourned to
the next day being the 9*'^ of that Aug^ that the resp'ive Com'ees
might then Present their Ans""-^ to each others Demand — And ac-
cordingly
9 same Aug^ ffo: 28 — The Comm''* met & appointed another
Clerk Benjamin Rolfe a Massachusetts man & neither of the Com'ees
being ready with their Ans''^ The Court Adjourned to Wednesday
the 10"^
10 Aug^ 1737 — Further Adjournment to 1 1'''
\_Go':'. Belcher s Message to N. H. Assembly, 1737.]
[Mss. Prov. Boundaries, p. 125.]
Gent™ of the Councill and house of Representatives —
His Maj^'^^ Commissioners for Settling the boundries Between
this Province and that of the Massachusetts Bay being arrived and
ready to Enter on their busness the first thing this Assembly has to
do, is the Chuseing and Appointing two Officers with whome any
Notice from the said Commissioners may be left Agreeable to his
Maj*'^* Commission —
I prorogued this Court to this time and place & that of the Mass-""
to the Town of Salisbury that the two Assemblys Might Sit Near to
one another y^ better to facilitate all Matters that may be brott for-
ward respecting this Long Depending Controversy, to which I heart-
ily wish a just And frindly Issue —
Hampton Aug''^ 10^'' 1737 J Belcher
II Aug' 1737 — The Comm'"' met (& the Massachusetts having ob-
tained lib'ty to amend 2 Clerical mistakes in dates in their Claim &
lib'ty being also granted to the New Hampshire Com'ee to Amend
their Ans'' where it referred to the mistakes in the s'^ Claim which
being done) Both Province delivered in their Answers to each others
Claim to the following effect.
BOUNDARY LINE PAPERS. 2g3
Answer New Hampshire to JMassachusetts Claim, ffo : 29
[In place of the abstract here entered, this document is given in full
from the original in Masonian Papers, Vol. 4, p. 127.]
Province of ) To the Honourable His Majesty's Commis-
New Hampsh"" \ signers for Marking out & Settling the Boundaries
between the Province of New Hamp'' & the Province of the Mass^
Bay in New England
Saving the benefit & Advantage which may Arise from the Bill of
Exception And Protest as filed in Court the Second Inst', in behalf of
His IVIajesty's Governm' of New Hampshire — This is Presented to
Your Hon''"' as a Reply to the Demands & Pretensions of the Prov-
ince of the Mass" Bay Entred & filed the Eighth Curr' as also in
Support of the Demands & Pretensions of the Province of New
Hampshire as Enter'd the first Inst* — And in the first Place We
beg Leave to Observe to Your Honours that they begin with the
Charter of King Charles the first Dated in 1628, And the Grant for
the Province of Main in 1639, ^s also with Informing Your Hon"
of a Determination of His Majesty King Charles the 2nd in the
Year 1677 of a Dispute between M"" Mason & M'' Gorges on the One
part, & the Late Colony of the Mass" on the other part. And which
they Insist on as Decisive in the Present Controversy and as they
term it Irrefragable — In Answer to which we Say, that If they had
an Intension to make any Use of that Judgment they have Slip'd
the proper Season for it, it would have been (as we Apprehend)
proper to have pleaded it in bar to any New Tryal, in answer to the
Petition for the Same to His Majesty in behalf of the Province of
New Hamp"" that it cannot with Propriety be considered in the Merit
of the present Cause even Supposing that that Determination had
been on their Present Charter —
But we further Say, that Judgment is nothing to the purpose in
the Present Dispute And Ought by no means to weigh in Your Hon''^
Judgment, for we Insist that it is Intirely Void — as will Appear if your
Hon'''^ will please to Observe, that in the Year 1684 in the thirty Sixth
Year of the Reign of King Charles the Second Judgment was given in
the Court of Chancery upon a Writ of Scire facias bro't & prose-
cuted in Said Court against the Gov"" & Company of the Massachu-
sets Bay in New England, for Cancelling Vacating and Annihilating
the said Charter granted by King Charles the first, as may more
Largely Appear by their Present Charter — So that by the afores'^
Judgment there was an end to all the Particular bounds & Privileges
granted by the Said Charter and also of the Constitution it Self —
And then the Province of the Mass" Bay was under the Kings Im-
294 provjxcp: of new hampshfre.
mediate Government, until the Year 1691 when upon the AppHcation
of Persons Imploy'd as Agents for the Massachusets, to their Majes-
tys King William & Queen Mary, a New Charter was granted which
appears by the Said Charter. Which Charter was Received by the
Petition''^ & which they Govern themselves by, & Look upon as the
basis and foundation of their Constitution, & from which they Date
their first Laws all before that time having by the aforesaid Judg-
ment been Annihilated. —
Now this Charter differs from the former in many Material points,
but Especially in the bounds of the Province, & by this Charter only
the Present Dispute must be Determin'd. which bounds they urge
must " begin at the Sea three English Miles North from the black
" Rocks So called at the Mouth of the River Merrimack as it Emp-
" tied it Self into the Sea Sixty Years ago, thence running Parralel
" with the River as far Northward as the Crotch or parting of the
" River thence due North as far as a Certain Tree commonly known
" for more than Seventy Years past by the Name of Indicots Tree
" Standing three English Miles North ward of the Said Crotch Or
" parting of Merrimack River, & from thence due West to the South
" Sea" &c —
In Answer to which we Say we know of no Such Tree as they
mention, nor can we distinguish that Crotch of the River they speak
of, from many other Crotches or partings of the River Merrimack,
there are between the mouth of the River & Winnepiseoke Pond —
We find no mention made of them in their Charter, & therefore
think that neither the Crotch nor Tree meant, can be any guide in
finding out the true Line or bounds of that Province, on the Side we
are Debating on. & we say the Same with Respect to the black
Rocks they speak of — But We Apprehend & therefore Insist that
the three Miles North from Merrimack River is to be taken from the
Middle of the Channel of the River, for there it properly runs into
the Atlantic Ocean ; And it was the Opinion of the Attorney & So-
licitor General in the Year 1734 " that the Dividing Line Between
" the Province of New Hampshire & the Province of the Mass^ Bay
" is to be taken according to the Intent of the Charter of William &
" Mary from three Miles North of the Mouth of Merrimack River
" where it Runs into the Atlantic Ocean." as may at large Appear
by an Authentic Copy of the Said Opinion under their hands in
Court now to be produced, (which we pray Your Hon''-^ may be Re-
ceiv'd & Enter'd at Large in Yo"" Journels & made part of this Case),
from which Opinion in this point we cant think your Hon""" will dif-
fer. And as to Running Parallel with the River so far as they would
have it, we say this would not Agree even with the Old Charter, be-
nOUNDARV LINE PAPERS. 295
cause Impossible, for by the Express words of that Charter, this
Line was to run three miles North of Merrimack River, or to the
Northward of any & every part thereof. — now this River runs from
the Atlantic Ocean near a West Course about thirty five Miles, then
North (nearest) about five & fifty Miles, before it Comes to y^ Crotch
which we Suppose is meant. And how a line can run Parallel to a
River that Runs North and Yet be three Miles North of the River,
we are not able to Conceive, from whence we Conclude, that at the
time of srantino- the first Charter, the River was not known or not
Considered So far up as where it turns to the North, or was known
in that part of it by Some other name ; otherwise no Rational Con-
struction of that part of the Said Charter can be made — And this
we presume was the Reason of that Determination in 1677 which
they refer to : for that, cannot be Reconciled with the words of the
Charter afores*^ upon any other Supposition, because they were to
carry the Same breadth from the Atlantic Ocean to the South Sea,
which wou'd not be, if they were to Run fifty five miles North of
the Mouth of Merrimack Instead of three — Now if such a Par-
allel to the River could not be by the old Charter, much less can
it be by the New Charter, because (among Several other Rea-
sons that might be given) those Important & Material Words,
" to the Northward of any & every part thereof", are left out of the
New Charter, the bounds of which we shall in the next place Con-
sider — This Charter describes the Northern Boundary of the Prov.
of y Mass-'' thus, " Extending from the Great River called Mono-
" mack Alias Merrimack on the North part, & from three Miles
" Northward of the Said River to the Atlantick or Western Sea or
" Ocean on the South part and all the Lands & Hereditaments what-
" soever lying within the Limits aforesaid & Extending as far as the
" Outermost points of Land called Cape Cod & Cape Malabar North
•• & South, & in Lattitude, breadth, and in Length & Longitude of &
" within all the breadth & Compass aforesaid, thro' out the Main
" Land there from the Said Atlantic or Western Sea & Ocean on
" the East part, towards the South Sea or Westward as far as our
" Colonies of Rhode Island Connecticut & the Narragansett Coun-
"try" — the most Rational Construction of which we Say is, that
this boundary should be a Straight Line, beginning at the end of
three English Miles, taken from the Middle of Merrimack where it
runs into the Ocean, & Running North, and from thence to run on
a West Course till it Comes to the End of the Prov. of the Mass^ —
for the following Reasons — first the Epithet, Great, given to Merri-
mack River was not, as we take it, to distinguish that from other
Rivers, because there are Several in the Country Larger, but to dis-
296 PROVIN'CE OF NEW HAMPSHIRE.
tinguish the Main body & Principal part of this River from those
branches & parts of the Same less noted, & which are often called by-
other names, & So the more plainly to point out where the three
Miles which is to Run North of the Said River Should begin, viz at
the great River, & not at a branch thereof, and also at the principal
or most Remarkable part thereof namely the ^Mouth of the River —
then the Course is by the Charter, to Run from the end of the Said
three miles, South until it Comes to the Atlantic Ocean on the South
Side of Cape Cod & Cape Malabar So that the Province is North &
South in Lattitude & breadth from the end of the Said three Miles
over to that part of the Atlantic Ocean which washes the South Side
of the Said Capes, then the Length is to be of & within the breadth
& Compass aforesaid thro out the main Land, beginning at y^ Atlan-
tic, at the end of the Said three Miles ; now tis not possible to be
within the breadth afores*^ by running a Line Parallel to the River, or
any other than a West Line ; because the breadth will alter in every
point, where the Line varies from the West. So that if those words
in the Charter viz ivitJiin all the breadth &" Compass a/ores'^ as also
those other NortJi &• South in Lattitude & breadth, are of any Sig-
nificancy this Must be a West Line, which is to begin at the Atlan-
tic Ocean at the East end of the Said Province — And this Leads us
to Observe —
Secondly that the Governour & Company of the Mass'^ Bay had
the Same Notion & Apprehension of their Northern Boundary even
under their Old Charter, as Appears by their "Declaration of their
" Right & Claim to the Lands in their possession (at that time), but
"pretended to by M"" Gorge and M"" Mason, together with an Answer
"to their Several pleas & Complaints in their Petitions Exhibited —
"Humbly Presented & Submitted by the Said Governor & Company
"to the Kings most Excellent Majesty as their Defence" — where
they Say, " Our Patent According to the Express Terms therein con-
"tained, without any Ambiguity or Colour of other Interpretation,
"lyes between two East & West Parallel Lines " &c — And after
mentioning the Breadth of their Said Patent, they Justly Draw this
Inference, viz, "And therefore cannot be bounded by ma'y hundreds
"Or Infinite Numbers of Lines as the River ^Merrimack bends in
"two hundred miles Passage from Winnipoisekek Lake to the Mouth
"thereof ; which to Imagine, as it is Irrational, So would It Involve
"us and any borderer into So many Inextricable Disputes, as are no
"ways to be Admitted by a Prince Seeking his Subjects peace — .
An Authentic Copy of this we have in Court to be produced — If this
Argument has weight (as in truth it has), with Respect to the bounds
of the old Charter, All unbiass'd Persons, we think will See it has
BOUXnARY LINE PAPERS. 297
much more when the bounds of the New Charter are under Consid-
eration — To this possibly may be urg'd the Judgment of the King
in Council afterwards, (before mentioned.) In answer whereto besides
what is Said before on that head, we Say that it is very Improbable
that the English People had any knowledge of the Length & Course
of the River at that time for more than thirty Miles, (in which Dis-
tance tho' there are many turnings & Windings, Yet it makes good a
West Course, nearest) — Except what Information they had from the
Indians, which at that time was Very uncertain as to those points,
but be that as it will it is plain from the Judgment it Self the turn
of the River & its Course North, was either not known, or not Con-
sidered by those that Sat in Judgment — And besides the leaving
out those Words, or to the Nort/nvard of any & every part thereof y
makes a Vast alteration, as we take it, they being the Only words in
the Charter, they were then Considering which, could Influence in
making it A Crooked Line —
Thirdly In the Demands which the Province of the Mass'^ have
now laid before Your Hon""* after they have Run with the River till
they come to their Tree afores^, they Say they are to Run due West
to the South Sea — Now we cant conceive how they come to Pitch
on a due West Course from that Tree, any more than any other, a
North West or Some other Course more Northerly than West would
gain ]More Land ; Or whatever the Reasons may be with them for a
West Course from thence, we cant but think those very Reasons if
duly Attended to, would Convince them it ought to be a West line
from the Atlantic Ocean. They Confess a West line from the Said
Tree, there is then by their own Shewing to be a West Line on part
of this Side of their Province, & why it should not begin before they
come to that Tree we can See no Reason in the Charter, which We
think is the only proper guide in this matter — we are Sure it will
never speak the Language they would have it (according to their
scheme) without forcing & Squeazing, & Commenting away the Nat-
ural & Genuine Sense of it. —
We would further Observe to Your Hon"^', that it is Remarkable,
that when "the Lords Commissioners for Trade & Plantations Re-
"fer'd that Question viz From what part of Merrimack River the
"three ]\Iiles from whence the Dividing Line between the Province
" of New Hamp"" & the Province of the Mass-' Ray is to begin, ought
"to be taken according to the Intent of the Charter of William &
" Mary ? they Say nothing of the Course, but that they Judg'd it
must be a Strait Line may Naturally be Inferr'd from the Question
they put namely at what place the Line must begin, for of what Im-
portance is it where the line begins if it is to Run parallel to the
298 PROVINCE OF NEW HAMPSHIRE.
River at three miles Distance, would it have been worth their Lord-
ships while to have troubled themselves & those worthy Gentlemen,
& for them to pass thro' the formality of Several Publick hearings, &
Arguments by Council, only to Determine a Question of no Conse-
quence, & which is a matter of Indifference however determin'd ?
But the Mass''^ tell your Hon''^ they are able to prove the Line they
have described to be the bounds Intended^ granted & Adjudged to
them by Ancient & Incontestible Evidences As to this we would say,
that the Line we are now Speaking of was never yet actually marked
out, & if by Evidences they mean living Witnesses, that cannot be,
for, to prove the meaning of the words of the Charter in that man-
ner, would be like Making out & proving a point of Law by Wit-
nesses — as for Records, if that is the Evidence meant, there can be
none Sufficient for that purpose, but a Record of a Judgment after a
Legal and Regular Tryal, of which there is none to be produced
Since the New Charter, as for that, upon the old Charter we have
nothing to do with it, & of that Opinion is the King & Council, as
may Rationally be Inferr"d from the Grant of the Commission Im-
powering Yo"" Hon""* to hear & Determine this Dispute, for if that
Determination in 1677 is as they Say, Irrefragable, then the Present
Tryal is vain — In a word as we desire nothing but Common Justice,
& that this Controversy may be fairly & Impartially ended, so we
shall offer neither Testimonies nor anything Else, that may puzzle
the Cause, & of that your Honours will we doubt not be fully Con-
vinc'd — What is offer'd in the Demands of the Mass^ Appears to us
so highly unreasonable that we have been led to Say more than oth-
erwise we should —
But on this part of the Dispute we would only Add that if after all
yo'' Hon''^ should be Inclind to think this Line was Intended to be a
Parallel to the River, we cant think that you will with them be of
Opinion it should be so where the River Runs North, because to us
it appears an affront to Common Sense.
As to the Northern boundary of New Hamp'' or the Line that
should be run between that part of the Province of the Mass^ Bay
which was the late Province of Main & New Hampshire, We think
that the Mass-'' can Claim no further than the bounds Set forth in
their Charter, & the Settling that point ends the Dispute, for we say
what is not within their Province is within ours ; Now the words of
the Charter must be the guide here as well as on the other Side, &
So far as the River Runs there can be no Dispute, & by the word
Directing the Course afterwards viz North-Westward, can with pro-
priety be meant nothing but a few Degrees West of the North, and
is an Equivalent expression or the Same with, North Westerly, which
nOUNDARV LINE PAPERS. 299
is always understood to mean a few Degrees less than a Quarter of a
point West of the North. And this Course it ought to Run from
the head of the River Now Called Salmon falls which is at a Pond —
We are Confirm'd in this Opinion, because the half of the Isles of
Shoals lays in the Province of the Mass-' viz the I^^asterly half between
which & the other half ly's the Harbour or Road, which is near South
from Piscataqua River, now if the Line from the head of the River
should be Northwest this from the mouth of the River should be
South-East, & then all the Isles of Shoals will fall in the Province of
New Hamp'' Contrary to the Express words of the Charter —
Now whatever Lands lays between the late Province of Main & a
West Line Run three miles North of Merrimack as afores'' we Say
belongs to the Province of New Hampsh"" & has by vy-tue of the
Kings Commissions from time to time been Erected into & Estab-
lished a Province by the Name of New Hamp"" with Such Powers &
Privileges as have jjeen therein Particularly Granted — And all the
Lands lying Still west as far as the British Dominion Extends we
Claim in the Right of His Majesty in Opposition to the Grant to the
Massachusets Bay —
All which we Submit to your Hon''* Consideration & Judgment
And Humbly pray all Convenient Dispatch —
We are in behalf of His Majestys Government of New Hampshire
Vour Hon'* Humble Servants
Sha'^ Walton
Geo. Jaffrey
Jotham Odiorne
Theodore Atkinson
And"" Wiggin
J Rindge
Tho* Packer
James Jeffry )
Committee
Answer Massachusetts to New Hampshire Claim ffo : 42.
The Answer of the Massachusetts to the New Hampshire
Claim was in substance as follows
[In place of the abstract here entered, this document is given in full
from the original in Masonian Papers, Vol. 4, p. 128.]
Province of the ^ To the Hon^'*^ His Maj'>* Commissioners for
Massachusetts Bay > marking out and Setling the Boundaries be-
in New England j tween the Provinces of the Massachusetts Bay
300 PROVINCE OF NEW HAMPSHIRE.
and New Hampshire as well on the Southern as on the Northern
part of New Hampshire. — ■
The Answer of the Province of the j\Iassachusetts Bay to the
State of the Demands & pretensions of the Province of New Hamp-
shire Exhibited by a Committee appointed by the General Court of
Said Province. —
And the s'' Province of the Massachusetts Bay reserving to the
Said Province all future benefit & advantage of making and Exhibit-
ing any further or other Answer unto the State of the Demands
aforesaid when and So Soon as one or more Skilful persons Shall pre-
pare Draughts or plans of the Country and Boundaries as also when
the Depositions of Such Witnesses (a List of the Names of which
is herewith laid before Yo' Hon""^ by said Province) are taken pursu
ant to the express direction of His Maj'y® Royal Commission to Yo""
Hon'"'' directed So farr as the S'^ Province at this time ought to be
held to make answer unto, for Answer Saith —
That they conceived and accordingly insist they ought not by His
Maj'-*^ Royal Commission afores'' to be held to contend with Our Sov-
ereign Lord the King in the premisses aforesaid, but with the prov-
ince of New Hampshire only touching the Boundaries of said prov-
ince ; neither is the committee afores^ who Exhibited the State
afores^ duly Authorized & qualifyed to represent Our s^ Lord the
King in manner and form as they Set forth in the State afores'^, and
of this the s'^ province of the Massachusetts prays the Judgment of
this Hon^'" Court, And the Province of the S"^ Massachusetts for fur-
ther Answer Saith, That the Southern Boundary of Said province of
New Hampshire ought not by Law to begin at the end of three
miles North from the middle of the Channel of Merrimack River
where it runs into the Atlantic Ocean, nor from thence to run on a
Streight line West up into the Main Land towards the South Sea
until it meets with His Maj'>* other Governm'^ But by Law and Jus-
tice the Southerly Boundaries of the Said Province can only be ex-
tended to the Northerly Boundaries of the S^ Province of the Massa-
chusetts, which was first Incorporated, and which said Northern
Boundary begins at the Sea three English miles North from the
Black Rocks, so called, at the mouth o'f Merrimack River, as it
emptied it Self into the Sea Sixty years ago, thence running Parallel
with the Riveras farr Northward as the Crotch or parting of the River
thence due North as farr as a certain tree commonly known for more
than Seventy years past, by the name of Tndicots tree, standing-
three English miles Northward of said Crotch or parting of Merri-
mack River, and from thence due West to the South Sea, All which
the Said province of the Massachusetts Bay Averrs to be the true
BOUNDARY LINE PAPERS. 3OI
just and legal Northern Boundary of said Province ; For that His
Majesty King Charles the First by his Letters Patents dated the
fourth day of March Anno Dom 1628, And In the P'ourth year of
his Reign Erected the Colony of the Massachusetts Bay into a Cor-
poration Government, and thereby described the premisses So Incor-
porated and the Bounds thereof in the words following viz' " All that
" part of New England in America afores'' which lyes and extends
" between a Great River there commonly called Monomack alias
" Merrimack, and a certain other River there called Charles River
" being in the bottom of a certain Bay there commonly called Massa-
" chusetts alias INIattachusetts alias Massatusetts Bay, and also all &
*' Singular those Lands and hereditaments whatsoever lying within
" the Space of three English miles on the South part of the s^
*' Charles River or of any or every part thereof, And also all &
" Singular the Lands and hereditaments whatsoever lying and being
*' within the Space of three English miles to the Southward of the
" Southermost part of the Said Bay called Massachusetts alias Mat-
"tachusetts alias Massatusets Bay, And also all those Lands and
" hereditaments whatsoever which lye and be within the Space of
" three English miles to the Northward of the said River called
" Monomack alias Merrimack or to the Northward of any and every
*' part thereof, And all Lands and hereditaments Whatsoever lying
" within the limits afores'' North and South in Latitude and breadth
" and in length and Longitude of and within all the breadth afores*^
" throughout the Main Land there from the Atlantick & Western
*' Sea and Ocean on the East part to the South Sea on the West part ;
And by the Said Letters Patents, it is further expressed and de-
clared in the words following Yb} " And We do further for Us Our
" Heirs and Successors Ordain and Grant to the said Governour &
" Company and their Successors by these presents, that these our
" Letters Patents shall be firm good Effectual and available in all
"things and to all intents & Constructions of Law according to our
" true meaning herein before declared, and Shall be Construed re-
" puted & adjudged in all Cases most favourably on the behalf and
" for the benefit and behoof of the said Governour and Company
" and their Successors altho' express mention of the true yearly
" value or certainty of the premisses or of any of them or of any
" other Gifts or Grants by us or any of Our Progenitors or Predeces-
" sors to the aforesaid Governour and Company before this time
" made in these presents is not made or any Statute Act Ordinance
" provision proclamation or Restraint to the contrary thereof hereto-
" fore had made Published Ordained or provided or any other matter
" cause or thing whatsoever to the contrary thereof in any wise not-
302 PROVINCE OF NEW HAMPSHIRE.
" withstanding ; As by the said Letters Patents (now before Your
Hon''* produced) reference thereto being had, may more fully appear.
And afterwards His said Majesty King Charles the First by his Letters
Patents dated the third day of April and in the fifteenth year of his
Reign Erected the Province of Main bounding the Same on y*^
Southwest in the words following viz' "■ All that part purpart and
portion of the Main Land of New England aforesaid beginning at
the Entrance of Piscataqua harbour and So to pass up the Same
into the River of Newichawanock, and thro' the Same unto the fur-
thest head thereof, and from Thence North Westward till One hun-
" dred & Twenty miles be finished, As by the S'' Letters Patents,
also now produced, (relation thereunto being likewise had) may more
fully appear. And their Maj'>* King William and Queen Mary by
their Letters Patents dated the Seventh day of October Anno D'ni
1 69 1, And In the Third year of their Reign, United the Said late
Colony of the Massachusetts Plimouth and the Province of Main
with other adjacent Territories and Erected them into One Real
Province by the Name of the Province of the Massachusetts Bay in
New England and described and bounded the premisses So P>ected
as af ores'* in the words following viz' '' All that part of New England
" in America lying & Extending from the Great River commonly
" called Monomack alias Merrimack on the North part and from three
" miles Northward of the said River to the Atlantick or Western
" Sea on the South part, and all the Lands and hereditaments what-
" soever lying within the limits afores"* and extending as farr as the
" outermost points or Promontarys of Lands called Cape Codd and
" Cape Mallebar North and South and in Latitude breadth and in
" length and Longitude of and within all the breadth and compass
" afores'* throughout the Main Land there from the Said Atlantick
" or Western Sea and Ocean on the East part towards the South Sea
"or Westward as farr as Our Colonys of Rhode Island Connecticut
"and the Narragansett Country, Also All that 'part or portion of
" Main Land beginning at the Entrance of Piscataqua harbour and
" so to pass up the Same into the River of Newichawanock and thro
" the Same unto the furthest head thereof and from thence North
"Westward till One hundred and twenty miles be finished. And in
and by Said Letters Patents there are these further words viz' " Pro-
" vided it Shall and may be lawful for the Said Governour & General
" Assembly to make or pass any Grant of Lands lying within the
" bounds of the Colonys formerly called the Colonys of the Massa-
" chusetts Bay and New Plimouth and Province of Main in such
" manner as heretofore they might have done by virtue of any former
" Charter or Letters Patents which Grants of Lands within the
BOUNDARY LINE PAPERS. 3O3
" Bounds aforesaid, We do hereby Will and Ordain to be and con-
" tinue for Ever of full force and effect, without Our further Appro-
"• bation and consent," As in and by said Letters Patents in like
manner produced before Your Honours and reference thereto also had
more fully will appear. W^hereby it expresly appears, and the Prov-
ince of the Massachusetts relies and Insists upon it, that all those
Lands Territories and Premisses contained within the Limitts and
bounds of the said Colony of the Massachusetts Kay Plimouth and
the Province of Main with the adjacent Territories are contained
and Included in the Lands Territories and Premisses Expressed and
declared by the last mentioned in part recited letters Patents that
Erect and Constitute the Province aforesaid, and by Law the said
Province in regard to Jurisdiction or property ought not to be
Ousted of any part or Parcell thereof but ought to hold the
same accordingly, And the Province of the said Massachusetts
Bay further for Answer say, that upon the Complaint of M"" Mason
and M"" Gorges against the Government of the Massachusetts Bay,
the Lords of the Committee for Trade and Plantations did in pursu-
ance of his Majesties order in Council of the 7"^ of ffebruary 1676
report unto his then Majesty in Council touching the then matters in
controversy between the then Corporation of the Massachusetts Bay
in New England, and M'' Mason and M"" Gorge touching the right of
Soil and Government Claimed by the said parties in certain Lands
there, by Virtue of several Grants from His then Majestys Royall
Father and Grandfather in the Words following Viz'
[This document is here given in full from Mss. Prov. Boundaries, p. i.]
At the Court at Whitehall the 20''' of July 1677.
Present, The Kings most Excellent Majesty
Lord Chancellor Earl of Craven
Lord Treasurer Lord Bishop of London
Lord Privy Seal Lord Maynard
Duke of Ormond Lord Berkley
Marquess of Worcester Lord Vice Chamberlain
Lord Chamberlain M"" Secretary Coventary
Earl of Northampton M'' Secretary Williamson
Earl of Peterboro' M'' Chancell"" of the Exchequer
Earl of Strafford Master of the Ordnance
Earl of Sunderland M"" Speaker
Earl of Bath
304 PROVIN'CE OF NEW HAMPSHIRE.
Whereas the Right Hon*^'^ the Lords of the Committee for Trade
and Plantations did in Pursuance of an Order of the 7''' of February
last make Report to the Board of Matters in Controversy between
the Corporation of the Mass-'' Bay in New England, And M"" Mason
& M"" Georges touchs the Right of Soil and Governm' claimed by
the said Parties in certain Lands there by Virtue of Several Grants
from his Majestys Royal Father and Grand Father as followeth in
haec Verba
May it Please your IMajesty — Having rec'' Your Majestys Order
in Council of the z'*" of Febr> last Past whereby We are directed to
Enter into the Examination of the Bounds & Limits with the Cor-
poration of the Massachusets Bay in New England on the one hand
& M"" Mason & M"^ Gorges on the other do pretend by their several
Grants & Patents to have been Assigned unto them, as also to Ex-
amine the Patent and Charters which are insisted on by either side
in Order to find out & Settle how far the Rights of Soil or Governm'
do belong unto any of them.
In Consideration whereof the Lords Chief Justices of Y"" Majestys
Courts of Kings Bench & common Pleas were appointed to give us
their Assistance ; We Did on the fifth of April last together with the
Lords Chief Justices meet in Obedience to Your Majestys Com-
mands, 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 & 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, & considering the Matters referred, Hav-
ing received from them such Papers of their Cases as they were
Pleased to deliver ; At w'^^ Time all Parties appearing, the Respond-
ents 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 Ex-
amine any claims to the said Lands, It being (in our Opinion) im-
proper to Judge of any Title of Land without Hearing the Ter-ten-
ants or some other Persons on their Behalf, And if there be any
Course of Justice upon the Place having Jurisdiction, We esteemed
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 the said Parties examine their several
Claims to the Governm^ & the Petitioners bavins; waved the Pretence
BOUNDARV LINE FWPEKS. 305
of a Grant of Go\'ernm' from the Council at Plymouth wherein they
were convinced by their own Council that no such Power or Jurisdic-
tion could be transferred or assign'd by any Colour of Law.
The Question was Reduced to the Province of Mayn whereto the
Petitioner Gorges made his Title by a Grant from King Charles the
first in the 15"'' Year of his Reign made to Sir P'erdinando Gorges &
his Heirs of the Province of Main & the Governm^ thereof. In An-
swer to this, the Respondents alledged that long before ; Viz' in
Quarto Car. Primi, the Governm' was granted to them & produced
Copys of Letters Patents, wherein it is Recited that the Council at
Plymouth having granted to certain Persons a Territory thus de-
scribed, "All that Part of New England in America, which lyes and
"extends bettween a great River there commonly called Monomack
"alias Merrimack, And a certain other River there called Charles
" River being in the bottom of a certain Bay there called the Massa-
"chusets Bay and also all & singular the Lands and Hereditam'*
'' whatsoever lying and being within the Space of three English Miles
" on the South Part of y^ said Charles River or of any or every Part
"thereof, And also all and singular the Lands and Hereclitam'* what-
" soever lying & being within the Space of three English Miles to
" the Southermost Part of the said Bay called Massachusets Bay, &
"all those Lands & Hereditam'^ whatsoever which ly & be within the
"Space of three English Miles to the Northward of the said River
"called Monomack alias Merrimack or to the Northward of any and
"every Part thereof, & all Lands & Hereditam*^ whatsoever lying
"within y'^ Limits aforesaid North & South in Latitude & Breadth
"& in Length & Longitude of & within all the Breadth aforesaid
"thro out the Main Lands there from the Atlantick & Western Sea
"& Ocean on the East Part to the South Sea on the West."
By the said Letters Pattents the King confirmed that Grant made
them a Corporation & gave them Power to make Laws for the Gov-
erning the Lands and the People therein.
To this it was Replyed that the Patent of 4*^' Car. i'"' is invalid.
1 Because there was a precedent Grant 18° Jacobi of the same
thing then in being which Patent was surrendered Afterwards before
the Date of the other. 15° Car. i""
2 The Grant of the Governm' can E.xtend no further than the
ownership of the Soil, the Boundaries of w'^'' as Recited in that Pa-
tent wholly Excludes the Province of Mayn which lyes Northward
more than three Miles beyond the River Merimack.
We having considered these Matters do humbly conceive as to the
first Matter, That the Patent of 4'' Car. i""" is good notwithstanding
the Grant made in the 18" Jac. for it appeared to us by the Recital
306 PROVINCE OF NEW HAMPSHIRE.
in the Patent 4' Car. i™ That the Council of Phtnouth had grantee
away all their Interest in the Lands the Year before. And it must be
Presumed the)- then deserted the Govemm* wereupon it was Lawful
& Xecessar\- for the King to establish a suitable Frame of Govemm'
according: to his Ro\-al Wisdom, Which was done by that Patent 4'
Car. I" " ' _ :urers a ~ the Place.
As : - It seer. - - _. clear. That the
Grant oi the Govemm* 4^ Car. 1°^ extenas no further then the Boun-
daries Expressed in the Patent, and those Boundaries cannot be con-
strtied to extend further Northward, Alo/ig the River Merimack than
three English Miles.
For the North and South Bounds oi the I.,ands granted so far as
the River extend <7r<r A-'y^i/vVrr .- Rizers. lV/:ich n:.i'r,-
thi Breadth of tJu Gratify the V\ - - _. the Length to com-
prehend all the Lands from the Atiantick Ocean to the South Sea of
& in all the Brer *- * resaid do not Warrant the Oxer reaching of
those Lines b\ _ -\" Lines or Bounds: other Exposition would
in our Hur be unrc - " " " _ - he Intent oi the
Grant. T: . ~ : & in i . ^ Shew that :hc
Breadth was not intended an imaginary- Line 01 Breadth laid upon
the Broadest part but tJu Brcadih respecting iJu ccnliKuame cf the
Bouiuiari^s by the Rivers as far as the Rivers go but wh€n the known
Be '' " -h determines it must be Carr\ed on by Imaginar}'
Li: -^ Sea.
And ii the Province of ?■" ■ three Eng-
lish Miles from the River M - ^ Jar. 1°^ gives
no Right to Govern there & thereupon the Patent of the same \y^
Car. 1*°= to the Petitioner Gorges will be Valid.
So that upon the whole Matter we are humbly of Opinion as to the
Power of G : the Re- :s the Massachusets and their
Successors ent 4' - Car. i™' have such Right of
Govemm- as is granted them by the Same Patent within the Bounda-
ries of their Lands expressed therein according to such Discription &
Exposition, as we have thereof made as aforesaid. And the Pititioner
Sir Ferdinand© Gc, " ^ ^' < & Assigns By the Patent 5' April
15'^ Car. i"^ have S _ ; Govemm" as is Granted them by the
said r :hin the Lands called the Proxince of Main according
to the 1 ::es of the Same Expressed in the same Patent.
Richard Rainsford. Fran. North
All which being the Opinion of the Lords Cheif Justices and fully
agreeing with what we have to Report unto Your Majesty upon the
whole Matter referred unto us by the said Order, We humbly Sub-
mitt the Determination thereof unto Your Maiestv.
BOUNDARY
LINE
PAPERS.
3<
Anglesey
Bath
H.
London
J Williamson
Ormond
Craven
G.
Carteret
The. Chickley
lulw'' Seymour
Which havinfj been Read at the lioard the i8''' Instant, It was
then Ordered That the said M"" Mason & M' Gorges as also the
Agents for the Corporation of the Massachusets Bay should be this
day 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 Material as to prevail with
his Majesty & the Board to differ in Judgm* from the said Report,
His Majesty was thereupon Pleased to Approve of and Confirm the
Same, & did Order that all Parties do Acquiesce therein & Contrib-
ute what lyes in them to the Punctual & due Performance of the said
Report a§ there shall be Occasion John Nicholas
Copy E.xamined ~^ J Willard Sec'ry
by which Solemn & final Judgment of his said Majesty in Council
the said Province of the Massachusetts Bay humbly insists that the
North and South bounds of said then Colony of the Massachusetts
more especially as to the Right of Government so far as the said Riv-
ers e.xtend shall follow the course of the said Rivers, but when those
known boundaries determine the breadth shall be carried on by Im-
aginary lines and the last in part recited Charter or Letters patents
of their Said Majestys King William and Queen Mary giving and
granting all the Lands Territories and premisses unto their good
Subjects the Inhabitants of the Province of the Massachusetts Bay
in New England formerly contained within the Limitts and bounds
of the said Colony of the Massachusetts Bay Plimouth and the Prov-
ince of Mayn and the Adjacent Territories as aforesaid, and by the
s'' Solemn and ffinal Judgment the Northern & Southern Boundaries
of said Colony of the Massachusetts so far as the said Rivers Ex-
tends shall follow the course thereof. Being so fifixed and Ascer-
tained, the said Province of the Massachusetts also insists, that the
bounds of the said Province in Law & justice ought & Do Extend
three Miles Northward of Merrimack River, or any part thereof, and
the said Three Miles must run as the said River or any part thereof
doth run and when those known boundaries determine the Breadth
shall be carried on by an imaginary line to the South Sea, and in the
adjusting Setling & determining the boundarys of the said Provinces
of the Massachusetts Bay and New Hampshire all the parties by Law
ought to be held to the same and concluded by the said Grants Let-
ters Patents and solemn and ffinal Judgment aforesaid and the rather
for that, his Majesty King Charles the Second by his Letters Patents
308 PROVINCE OF NEW HAMPSHIRE.
bearing date the i8''^ day of September in the 31^' Year of his Reign
among other things Commissionating a President and Council to
take care of that Tract of Land called the Province of New Hamp-
shire and to order and Govern the Planters and Inhabitants thereof
in the Preamble of said Commission are these words, "viz' Whereas
'Our Colony of the Massachusetts at Mattachusetts Bay in New
' England in America have taken upon themselves to Exercise a Gov-
'ernment & Jurisdiction over the Inhabitants and Planters in the
'Towns of Portsmouth Hampton Dover, Exeter, and all other the
'Towns & Lands in the Province of New Hampshire lying and ex-
' tending from the Three Miles Northward of Merrimack river or
' any part thereof unto the Province of Main not having any Legall
'right or Authority so to do, and by one other Paragraph in the said
'Preamble there are these further words Viz' And Whereas the Gov-
'ernmentof the said Province of New Hampshire so liifiitted and
'bounded as afores'' hath not yet been Granted unto any person or
' persons whatsoever, but the same still remains and is under Our
'Imediate care & protection And Whereas in said Letters Patents
'there are these further words viz' And Whereas the Inhabitants of
'the Province of New Hampshire have many of them been long in
'Possession of several Ouantitys of Lands and are said to have made
'considerable Improvements thereon having no other Title for the
'same, than what bath been derived from the Government of the
' Massachusetts Bay In Virtue of their Imaginary line which title as
' it hath by the Opinion of Our Judges in England been altogether
'sett aside. So the Agents of the said Colony have consequently
'disown'd any right in the Soil or Government thereof from the three
' Miles line aforesaid and it appearing unto us that the Ancestors of
' Robert Mason Esq'' obtained a Grant from Our Great Council of
' Plimouth for the Tract of Land aforesaid, and were at very great
' charge and expence upon the same until Molested & finally driven
'out, which has occasioned a lasting complaint for Justice by the
'said Robert Mason ever since Our said Restoration " as by the said
Commission made Letters Patents reference thereto had will likewise
appear, all which Paragraphs Evidently declare & fully prove the said
solemn and final Judgment pronounced as aforesaid then was and
forever should be held in respect to the Southern Boundary's of New
Hampshire Province and the Northern Boundary's of the Massachu-
chusetts Province Valid & Irrefragable and the said Province of the
Massachusetts have ever since held & Enjoyed the same accordingly,
So that the demands of the said Province of New Hampshire and
their Insisting by the State of their demands as aforesaid, that the
Southern Boundaries of said Province should begin at the End of
BOUNDARY LINE PAPERS. 3O9
three Miles North from the Middle of the Channel) of Merrimack
River, where it runs into the Ocean & from thence should run on a
strait line West ujt into the Main Land, are not Warranted by any
Grant or Commission from the Crown Deed or Conveyance from any
private person or by the possession of One hour but altogether No-
tional and without ffoundation and are directly against the Letters
Patents Solemn and final Judgment and Commission aforesaid and
the true intent and meaning thereof as also a possession of One hun-
dred Years and Upwards in the Province of the Massachusetts since
the granting of the New Charter and under the Old in the Colony of
the ^Massachusetts ; And the said Province of the Massachusetts, begs
leave further to observe to Your Honours that there are in the State
of their demands Exhibited to your Honours two noted Monuments
by them relied upon and w'"'^ were known for above seventy Years
ago, the first therein mentioned by the name of the Black Rocks at
the Mouth of said Merrimack River, from whence measuring three
English Miles North there truly forms the Northern boundary of
said Province and the same accordingly for that space of time have
been so reputed acknowledged and accordingly held and possessed
by the said Colony of the Massachusetts under the Old Charter and
afterwards under the New Charter to this day which ffacts the said
Province doubts not will fully turn out in proof from the Depositions
of Some of those Ancient Witnesses whose names are contained in
said List herewith delivered to Your Honours, the other noted Mon-
ument is Endicotts tree with a great heap of Stones round it stand-
ing Three English Miles Northward of the Crotch or parting of the
said River, which Tree for the length of time aforesaid has been held
Deemed reputed and acknowledged to be the extent of the known
Northern bound of said Colony and now the Province of the Massa-
chusetts Bay from the said Crotch or parting of the said river and
has been, and is to this day so held & possessed as by Ancient Platts
of great Credit & Depositions of others the Ancient VVittnesses in the
same List named will clearly appear, and it will at this day appear to
be a noted boundary as aforesaid to such Artist or Artists as by Your
Honors shall be duly Impowered to take such Plan or Plans as shall
be hereafter taken in Virtue of his Majesties Royal Commission to
Your Honours directed and therefore there is not the least Shadow
of reason to maintain that the South bounds of the Province of New
Hampshire should begin at the end of three Miles North from the
middle of the now Channell of Merrimack River, where it now runs
into the Ocean according to their Modern claim, but the said South-
erly boundary line must and ought and always was held and acknowl-
edged to begin at the End of three Miles North from the black Rocks
3IO PROVINXE OF NEW HAMPSHIRE.
aforesaid at the Mouth of the said River, as it emptied it Self into
the Sea Sixty Years ago, and to run from thence Parallel with the
said River as far Northward as the Crotch or parting of the River
aforesaid, thence due North as far as the Said noted tree and heap of
Stones round it which is the last known boundary & consequently
where the Imaginary line must and ought to begin and so be carried
due West towards the South Sea, and which the Province of the
Massachusetts have held & possessed & doubts not by force of their
Right & Title as aforesaid still to hold and possess the same accord-
ingly.. And as to the Claims and demands of the Province of New
Hampshire on their Northern part, the Province of the Massachusetts
Bay for Answer say. That as this Province Claim & Demand a due
North West line from the furthest head of the River of Newich wan-
nock till One hundred and twenty Miles from the Mouth of Piscata-
qua Harbour be finished they give the following reasons, for that his
Majesty King Charles the first the 3"^ of April in the 15''' Year of his
Reign by his letters patents did give and Grant to Sir Ferdinando
Gorges his heirs and Assignes "All That part purpart and portion
" of the Main Land of New England aforesaid beginning at the en-
" trance of Piscataway Harbour and so to pass up the same into the
" River of Newichwannock and thro the same unto the furthest
" head thereof, and from thence North Westward till One hundred
"and twenty Miles be finished, and from Piscataway Harbour Mouth
" aforesaid North Eastward along the Sea Coast to Sagadahocke and
" up the river thereof to Kynybeguy River and through the same
" unto the head thereof and into the Land Northwestward until One
" hundred and twenty Miles be ended, being Accompted from the
" Mouth of Sagadahock, and from the period of One hundred and
"twenty Miles aforesaid to cross over Land to the One hundred &
"twenty Miles end formerly reckoned up into the land from Piscata-
"way Harbour through Newichwannock River ; " —
And further say that afterwards Anno Dom 1677 the Governour
and Company of the Massachusetts Bay purchased of the late John
Usher lisq"" the Assignee of the Said S"" Ferdinando's Heirs Viz' Fer-
dinando Gorges Esq'' Son and heir of John Gorges Esq' and Grandson
of the said Sir Ferdinando the same Tract of Land in the Grant of the
15"^ Charles the first in part before recited & Expressed; All which
was granted and Confirmed by the Charter of King William and
Queen Mary for Incorporating the said Province of the Massachu-
setts Bay unto their Subjects the Inhabitants thereof. Now by the
said several Grants and Conveyances (in Court to be produced itt
plainly appears to be the true intent and meaning thereof that the
premisses were understood to be bounded on a square or at Right
BOUNDARY LINE PAPERS. 3II
Angles to be Governed ov determined by the general course of the
Sea Coast, which by undeniable Evidence can be sufficiently proved
to be North East from the Mouth of Piscataqua Harbour aforesaid
unto the River of Sagadahock and therefore such a construction of
s"^ Grant as is made by the Province of New Hampshire in the State
of their Claim describing the course of their Northern boundary ly-
ing before Your Honours from the Head of Newichwannock River to
run Northwestward (That is to say) North less than a quarter of a point
Westerly as far as the British Dominions Extends is so Strained and
forc't a Construction as the words in their usual Genuine acceptation
will no ways admit of, and altogether Inconsistent and Incompatible
with the aforesaid Grants And how it is that the Province of New
Hampshire should now pretend to continue their Line as far as the
British Dominions Extends, we can by no means conceive or Imagine,
it being altogether new and unheard of, and for which they can have
no colour and pretence by or under any Patent or Conveyance what-
soever touching the same as yet Exhibited. —
And Finally The said Province of the Massachusetts Bay say they
thus have PIxplicitly Sett before Your Honours the true and just State
of their Bounds as aforesaid, and the Several Letters Patents Records
& Evidences which with the Witnesses when Sworne will be suffi-
cient to Maintain the same, and on which the said Province relys,
they therefore conceive it Equall and Just, that the Province of New
Hampshire should in like manner Sett forth the Evidences of their
Exorbitant and excessive demands as in their State no ways corre-
spondent with the term therein given by themselves of being a small
Province and more Especially for that his Majesties said Commission
directs that Province in a particular manner to Describe where and in
what places the boundaries on the Southern & Northern part of New
Hampshire ought to begin. And what courses, and how far the Same
ought to run, \\liich not only puts that Province under an Obliga-
tion of so doing, but also of proving and the said Province of the
Massachusetts hopes Your Honours will require the same./
Edm^ Ouincy
W'" DuTlley
Samuel Welles
Ben-'' Lynde Jun""
Elisha Cooke
Job Almy
Thomas Gushing Jun'
Henry Rolfe
Nathaniel Peaslee
> rt
O VI
^^ ^
•-1-1 u-i T^
C/2 ^ «
-^ o 2
Co-:
^ c -^
<
312 PROVINCE OF NEW HAMPSHIRE.
After the 2 Ans''** were read a Motion was made by the Mass :
Com'ee for Summons's for Witnesses & a reasonable time for Sum-
moning them — Upon which the Court ordered Summons's to Issue
& gave time till 22 Aug' for the return thereof
The Mass : Com'ee then produced a Vote of the Gen" Court of
their Province passed by the Assembly 10. Aug' & in Council 11
Aug' 1737. Whereby the s'' Com'ee were ord'' to assure the Comm''^
that they sho'^ on the part of that Province receive a just & generous
cons : suitable to the dignity of their Comm'on & importance of
the affair
[This vote is here given in full from Masonian Papers, Vol. 4, p.
129, and Prov. Boundaries, p. 114.]
At a Great and General Court or Assembly for His Majesty's
Province of the Massachusetts Bay held at Salisbury by Adjourn-
ment, August io''\ 1737.
In the House of Representatives ;
Whereas it hath pleased His Majesty to appoint, under the Great
Seal, Commissioners for marking out and Settling the Boundary
Lines between this His Majesty's Province, and the Province of
New Hampshire ; in pursuance whereof Several of the Said Com-
missioners have already met ; And in as much as an Affair of so great
Importance will in the Nature thereof require much Time & Pains,
and those Hon'^''^ Gentlemen will be necessarily detained from their
respective private Concerns very much to their Detriment ;
Wherefore Voted, that it be an Instruction to the Agents of
this Province appointed to appear before the Said Commissioners on
that Affair to assure the Hon'^''^ Commissioners now attending or that
Shall attend the aforesaid Service, that they Shall have and receive
on the Part of this Province a just and generous Consideration Suit-
able to the Dignity of their Commission and the Importance of the
Affair
In Council, Read and Concurr'd.
11"' Consented to, J. Belcher
Copy Exam'^ '^ Simon Frost Dep' Sec''^'
67. The Mass : Com'ee then Moved to have M"" Auchmuty al-
lowed as Council for the s^ Province Upon which the Court was of
opi'on M"" Auchmuty sho'' not be allowed to be of Council in this
case but Ordered that if either ^^ty desired to be heard by Council
BOUNDARY LINE PAPERS. 313
the same sho'' be delivered in in writing, which the Court apprehended
to be what was intended by their Comm'on — & then Adjourned till
the next day
12 Aug' 1737 — 6S. — The Mass : Com'ee Presented a Mem" to the
Comm'"'' Setting forth —
[In place of the abstract here entered, this document is given in full
from the original in Masonian Papers, Vol. 4, p. 130.]
Province of the ) To the Honourable the Commissioners ap-
Massachusetts Bay | pointed by His Majesty to settle the Boundary
Lines between the Provinces of New Hampshire, and the Massachu-
setts Bay in New England./
The Memorial of the said Province of the Massachusetts Bay.
Sheweth.
That notwithstanding the most Injurious and unjust Insinuations
to the contrary, The said Province is earnestly desirous of having the
boundary Lines between that Province & New Hampshire marked
out and Setled according to Law & Justice, and that with all possi-
ble Expedition ; That by their Answer to the demands of New Hamp-
shire they have pointed out the necessity of having One or More
Skilful persons to prepare Draughts or Plans of the Country and ac-
cordingly Your Honours as the Province is Informed have been
pleased to appoint One Gentleman, And the said Province conceive
it P^qual in a case of this Importance there was another Jovned to
him, And therefore pray Your Honours so to do, and to Redeem
time that they may Speedily proceed on the Affair for which they
were appointed. —
That it's true, there was formerly a Plan taken of the River Merri-
mack by William Dudley Esq"" But the said Province conceive it to be of
more Efficacy to have the Draught or Plan taken in Exact conformity
with the Express words of His Majesties Royal Commission to You
directed, And accordingly prays the same. And the said Province
also prays Your Honours to reconsider the Motion they made of be-
ing heard in all Debates by their Council Learned in the Law, And
for that End named Robert Auchmuty Esq"" a Gentleman regularly
called to the Barr practiced as a Councill'' at Law in the Kings Courts
at Westminster Hall for many Years, and as such Entituled for his
Clyent to speak in all his Majesties Courts, this the said Province as
of Right Claims, and say there never was a Commission from his
Sacred Majesty or his Royal Ancestors constituting a Court of Judi-
cature that debarrd the Subject of that Right, and that there is
21
314 PROVINCE OF NEW HAMPSHIRE.
nothing in his Majesties Royal Commission to You Directed that
looks that way, as they apprehend. —
In the Name and by Order of the Agents of the said Province./
Edm'^ Ouincy —
70. The Cons : of which Memoriall was continued to the next Ad-
journm* — 2 of the Comm""® being absent
Ordered that each Com'ee have lib'ty to take Copys of the Ans""
of each other, & on the Motion of New Hampshire Com'ee It was
Ord^ that they sho^ have leave to put in any Ans"" to the s'' Reply of
the Massachusetts & the New Hampshire Com'ee were allowed to
take out Summons's for their Witnesses in the same manner as the
Mass :
[In place of the abstract here entered, this document is given in full
from Masonian Papers, Vol. 4, p. 131.]
Prov : of )^ Hampton Aug' 12''' 1737 At a Court of Commis-
N. Hamp'' j sioners Appointed by His Majesty's Commission
under the Great Seal of Great Britain to Settle the Boundary Lines
between His Majesty's Provinces of New Hampshire & the Mass*
Bay in New England —
Whereas His Majesty's Commission Impowering this Court to
Settle the Said Boundarys Recommends all Convenient Dispatch in
that Affair, and a true plan or Draught of the Course of Merrimack
River & Lands Adjacent as also of the River Newichwannock being
of great use to give a Right understanding of the Controversy be-
tween the two Provinces —
This Court Therefore Recommend unto the Respective Gen'
Courts of the Said Provinces Now Sitting, to Agree on Some Plan
which they Shall think proper to be laid before y^ Court for the end
aforesaid & to prevent the Expence & Delay of taking any New
Plan — that so the Same may be presented to this Court on Mon-
day the 22^^ Inst' to w^*' time the s*^ Court is adjourn'd. —
And the Clerks are Directed forthwith to Send Copies hereof to
the Respective Gen' Courts Afores''
[A^. H. Vote about Plans, 1737.]
[Mss. Prov. Boundaries, p. 122.]
Province of "j
New Hamps"" Vln the House of Representatives
AugM3*'' 1737 j Upon the Recommendation of the Hon'^'^ his
Maj"^^ Commiss""^ for Settling the Boundary Lines of this his Maj
ties
BOUNDARY LINE PAPERS. 315
Province of Newhampshire, & the Province of the Massachusets
Bay, for the Assemblys of the Said Provinces to Agree upon a
Draught or Draughts of the Rivers Mcrrymack & Newitchwannock to
be laid before the Said Commiss''^ being of Great use to give them a
Right understanding of the Controversie between the two Provinces,
to be presented on Munday the 22'' Curr' Therefore that the Same
be not delay'd
Voted/ That the Committee already appointed to lay all papers
& Evidences &c^ on the Part of Newhampshire before Said Com-
miss'^ be hereby fully Impowred to agree with Such Committee or
Agents, as the Great & Gen" Court of the Province of the Mass-''
Shall appoint, upon any Draught or Draughts of the Rivers Merry-
mack & Newitchwonnock to be laid before the Said Commiss""^ on the
22^ Curr^ And our Committee is hereby directed that they meet at
the House of John Brown, Inholder at Hampton Falls this 13''^ Ins'
at three of the Clock in the afternoone, and that a Coppy of this
vote be Sent to the Gen" Assembly of the Mass^ to Inform them
that our S'^ Committee will attend at the time and place affore Said,
or any other time and times, that our Said Committee & that of the
Mass^ Shall Agree upon, & y* if the Said Committees do not agree
that our S^ Committee are hereby Impowered to put in before the
Comiss""^ any Draught or Draughts they Shall think Propper —
James Jeffry Cle"" ass""
In Coun' Aug^' 13 1737
Read and Concurred Rich"^ Waldron Sec"^"
Same day Assented to J Belcher
\_Meetinj^ of Committees on Plan, 1737.]
[Mss. Prov. Boundaries, p. 121.]
Hon^i^ S--
The Comittee of Conference concerning a Plan of Merrymack
River & Newichawanick propose to meet your Comittee next tuesday
by ten of the clock forenoon at this place when our Generall Court
will not be Setting we are the rather inclined hereto that So the
Comittees may compare the looks of the River with a plan thereof
which by that time may be ready I am on behalf & by order S'' your
Most Obedient Ser'
Salisbury 13"^ August 1737. W" Dudley
Shadrach Walton Esq""
3l6 PROVINCE OF NEW HAMPSHIRE.
\Report of N. H. Committee on Plans, 1737.]
[Mss. Prov. Boundaries, p. 233, and Masonian Papers, Vol. 4, p. 132.]
T, . r ^T 1- ur ) Whereas the Vote of the Gen'' Court
Province of New hampsh"^ C r ^.u -,th t t t • ^.-u r-
HamDton Aucr^ 17-17-17 \ °^ ^^^ ^^ ^"^ Impowering the Commit-
^ ' ^ / /o/ ^ |-gg appointed for Laying all Pappers &c^
before the Hon'^''^ the Commiss''^ for Settling the Boundary lines, To
agree with Such Committee or Agents as Should be Appointed by
the Gen" Court of the Mass^ upon any Draught or Draughts of the
River Merrymack and Newitchwannock, In pursuance of the Said
Vote, We attended at the time and place therein Mentioned but
heard nothing from the Mass* Committee untill the day following at
Portsmouth by a letter which is herewith offered, Proposing a Meeting
at Salsbury on Tuesday the 16''' Instant at ten of the Clock before
Noone when and where we the Subscribers did Repaire, but not be-
ing Impowered by Said Vote to Transact any affaire therein Men-
tioned out of the Province did not presume to make any agree-
ment on any Draught, but haveing Viewed a Draught Exhibited by
Said Committee containing a Plat of the River Merrymack, & the
River from thence to Winipisiokee Pond, which being proposed by
both Committees to be laid before the Respective Generall Courts
for their Approbation, and we haveing Viewed the Same and find it
differ in nothing Materiall from the Plan or Draught made use of in
this affaire in England and now on the files of this Hon''''^ Court, and
altho the Said Draught may not be Exactly Right in Every "^ticular,
Yet that the Affaire in Controversy may not be Littigated or hin-
dered we humbly propose to this Hon'^''^ Court that they (when the
Said Draught Shall be laid before them) do approve and allow of the
Same to containe a Plat of the River Merrymack from the Mouth
thereof where the Water Runs into the Atlantick Ocean to the head
of the Said River viz* at the falls about a Mile above Haverill Meet-
ing House and from thence a Plat of the River Winnipisiokee till it
comes to the Head thereof, viz' the Great Pond Winnipisoky to-
geather with the Severall falls & Mouths of the Rivers Emptying
themselv's into the Same, We alsoe humbly offer a Draught of the
River Newitchwannock to the fartherst head thereof which we ap-
prehend contains a True Piatt of Said River as it was formerly taken
and Lately Surveyed by M'' Cyrprian Jeffry, all which is humbly
offered & Submitted to the Consideration of this Hon'''* Court By
Shad Walton ^
Aug'20"' 1737 In the House^ Theodore Atkinson |
of Representatives The above [ And"" Wiggin )■ Committee
Return was Read and Voted [ Tho^ Packer |
that it be accepted & approved j James Jeffry j
James Jeffry Cle"" Ass""
BOUNDARY LINE PAPERS. 3i6a
[VoU of Mass. about Plans, 1737.]
[Mss. Prov. Boundaries, p. 126.]
Prov'' of the Mass"" Kay In Councill Aug' 18''' 1737
This Court having upon the Recomendation of the Court of Corn-
miss''^ agreed upon a Plan or Draught of the River Merrymack to be
laid before them
Voted/ that a Coppy of the Said Plan and the Committees Re-
port, and the Order of this Court thereon be Exhibited to the Gen"
Court of the Provin^ of Newhampshire in orde to their Agreeing
with this Court in presenting the Said Plan, to the Commiss'"' affores'*
Sent down for Concurrence Simon P'rost Dep' Sec"" :
In the House of Rep"" August 18"' 1737 Read & Concur'd
J Quinsy Spe*" 19 Consented J Belcher
Copy Exam'' '^ Symon Frost Dep' Secretary
Copy Exam'' J. Jeffry Cle-" Ass"^
Province of the Mass^ Bay, The Committee appointed to Confer
with the Committee of N. H : in ord"" for the Respective Gen"
Courts agreeing on and presenting to the Court of Comiss""^ a Plan or
Draught of Merrymack and Newitchw^ Rivers, Do Report that they
have attended y' Service in Salsbury the Last tuesday, & Laid before
the Said Committee of N. H. a Draught or Map of the River now
and always Known and Called by the Name of Monomack alis Mer-
rymack, who agreed to its being a true Plan of the Said River, and
that it Should be presented to the Respective Gen" Courts, The S*^
Committee of N H : offered to us a Plan of Part of New'' River &
acquainted us that a Surveyor was then perfecting the Survey or
that River in order to Compleat the Said Plan, and to which we ob-
jected Not, This Committee do therefore herewith humbly present
the affore Draug' or Map, of Mono alias Merry'' from the Crotch or
Parting thereof into two Equal Streams down to the Mouth thereof,
or where it now Emptys it Selfe into the Sea being a full Mile More
Southward than where it formerly did neare the Black Rocks that
So y'' same may be Approved of By both Courts, & presented to the
Hon'''^ Commiss''^ for Marking out & Setling the Boundarys between
the two Provinces according to their Recomendation
By order of the Committee W'" Dudley
Salsbury 18 Aug' 1737
In Councill August t8"' 1737 Read and Ordered that this Report
be accepted & y' the Plan hereunto Annexed be accordingly pre-
sented to the Hon'''^ Comiss""^ as a true Draught of the River Merry-
mack agreeable to their Recomend^
Sent down for Concurrence Simon P'rost Dep' Secre^'
In the House of Representatives Aug' 18''^ 1737 — Read & Con-
cur'd J Quinsy Spea'' 19 Consented to J Belcher
Coppy Exam- ~^ Simon P'rost D Sec''
3i6b province of new Hampshire.
[iV. H. Vote abo2ci PUnis, 1737.]
[Mss. Prov. Boundaries, p. 124.]
Province of New )
Hampshire Aug''' 20''M 737 \ In the House of Representatives,
Pursuant to the recomendation of the Hon*"^*^ Court of Commissioners
for to agree upon a plan or Draught of the River Merrymack to be
laid before them, And having now before this House A Plan or
Draught presented by the Generall Court of the Massachusetts : for
this Court to Agree with them upon to be presented to the Hon'"'*^
Court of Commissioners And upon Examination of the affore said
Draught we iind the Compass on said Draught Not to be true, But
in asmuch as it will not be of Any Great Importance the Mistake in
the Compass by Reason his Maj''*^^ Commiss''^ Requires a Plan or
Draught Not for Marking out or Setling the Boundarys between the
two Provinces by But to give A Right understanding of the Contro-
versey between the two Provinces only, Therefore Voted/ that the
Annexed Plan be presented the Hon*^'*^ Commiss'^ to give them an
Idea of the Course of the water from Winnipisioke Pond to where it
Emptys it selfe into the Atlantick Ocean But we Know of no Such
Name as Merrymack River any further than from the rivers Mouth
as far as the Salt water flows or to the first falls about a mile above
Haverill Meeting House And from thence a Plat of the River Wini-
pisioke till it Comes to the head thereof Viz' the Great Pond Wini-
pisioky And as to the Channel at the rivers mouth where it Emptys
it selfe into the Atlantick we know of No Alteration that it is to the
Southward of where it us'd to be formerly — Nor do we know of any
Such Thing as the Black Rocks or Indicots tree Ever to be Any
bound Mark between the Provinces — And it is also voted/ That
the Plan of Newichawoncck River taken by M"" Cyprian Jeffry be
Allowed by this House to be a true Draught of said River to the
Ponds, And direct the Same to be Laid before the Hon^^'*^ Court of
Commiss" for the Ends above said —
Voted it be sent up for Concurrence —
James Jeffry Clerk Ass'"
22 Aug' 1737 — The Court Directed the P^vidence of each "^ty
sho^ be taken in open Court by way of question & Answer & that
each ^ty sho^ be ready with their Witnesses the next morning till
which time they Adjourned
23 Aug' 1737 — The Comm'^ met according to Adjournm' & the
Com'ees of both Provinces appeared & the Massachusets produced
6 sev" Witnesses who were Sworn & P^xaied — & their Dcp'cons are to
the ffoll effect
Witnesses Examined before the Comm''^ on behalf of the Massa
CHUSETTS Bay
BOUNDARY LINE PAPERS. 3I7
[Instead of the abstracts here entered, these documents are given in
full from the originals in Masonian Papers, Vol. 4. pp. 134-138.]
Joseph Butterfield Aged about fifty Seven years deposeth and
Saith that about forty years ago & for about Seven Years altogether
from that time he hunted with y"" Indians & that the Indians at that
time Called the River that Empties it self into the Sea betwixt New-
bury & Salsbury, Merrimack River, & so they Called it Pennycook
and above till it Came up to the Crotch of the Rivers or that River
which Comes out of Winnepisseogg pond & the Other Branch they
Called Pemichwassit, & I never heard them Call it by Any other
Name during that time of my hunting & trading with them or by any
other name during my whole Life
Aug^ 23"^ 1737- The Depon^ being asked whether he did not know
a Tribe of Indians called by y'^ name of y^ Pennicook Indians. An-
swered he did not, nor y' he ever head of any Such. — the Dep' be-
ing asked who wrote this Depo'con for him, Answered M"" Hazzen of
Haverhill, but that he dictated it to him.
Signum
Joseph X Butterfield
[Masonian Papers, Vol. 4, p. 135.]
The Declaration of John Cumings of Westford in the County of
Middlesex & Province of the Massachusetts Bay in New England
Yeoman, aged fifty six years or thereabouts, Testifieth & saith That
sometime in the Year 1702 or 1703 There was a ffort Built at the
upper End of Dunstable, kept as a Trading House by the English.
In either of which Years he went as a Soldier to said ffort, which
brought him well acquainted with most or all of the Indians of Pen-
nycook ; And that he was oftentimes up the River then called by
them Merrimack River, And one time particularly he went up said
River Twenty Miles or thereabouts, when & where the said Indians
called it by no other name than Merrimack River, And the Winter
after he proceeded against the Indians with Captain William Tyng,
and an Indian named Jo English, then a noted Pilot, called it by the
name of Merrimack River, to the place & so far as the River of Win-
niposeckett so far as the Crotch And that he the said Jn° Cumings
never knew it go by any other name than Merrimack River.
the Depon' being ask'd whether he did know a tribe of Indians
Called by y*^ Name of the Pennicoke Tribe Answered he never knew
them calld a tribe of Indians but Pennicoke Indians — and whether
there was any other Indians Inhabited on that River but Pennicoke
3l8 PROVINCE OF NEW HAMPSHIRE.
Indians Answ'^ he never knew any other — whether he knew what
Tribe those Pemicoke Indians belong'd to Answ'' he did not — And
who wrote his Evidence Answer'd he did not know y^ Man And
whether he ever knew the great River above Said called by the Name
of Pennicoke Answ"* he never heard it called by any other name than
Merrimack. —
August 23"^ 1737- John Comings
[Masonian Papers, Vol. 4, p. 136.]
Benjamin Parker of Chelmsford in the County of Middlesex &
Province of y^ Mass^ Bay being more Than Seventy Three Years of
Age, Testifyeth and Saith that he has Dwelt from his Infancy near
to Merimack River in the Town of Chelmsford And at the age of
about Seven years went to live with M"" Henchman upon the Banks
of Merimack River Above the falls Called Pautucket Falls And con-
tinued to Dwell there many years when and where was managed a
Great Trade with the Indians Dwelling On Said River from s^ falls
up the River to Penicook And Above and y^ Depon' was well ac-
quainted with many of these Indians perticulerly with George Te-
hant° and One Alancet Indian Sachems and Chief of y'^ Indians
Then Dwelling on Said River for upwards of Sixty Miles Above
Pautucket Falls (and Well understood their Language) and This De-
ponant went (Some Time before the first warr with those Indians
viz') in or about the Year of Our Lord 1673. with, and to wait on
Said M"" Henchman up the Said River to y^ place Called Penicook
(now Rumford) where many Indians then Inhabited, (As well as in
many other places on s'^ River) And All That Space viz' from Pau-
tucket falls to penicook and Above as far as y^ River Coming out of
Winepisseokie at y*^ place Called y*^ Crotch the Said Indian Sachems
& all others this Depon' was acquainted with Called the Same Meri-
mack River being the Same which Runs between Nubury & Sals-
bury into y*^ Sea and This Deponant further Saith That he never
heard or knew the Said River from the Mouth thereof to y^ Croch or
meeting of Winnepisseokie River with y*= Western Branch Called
Pemichewasset was Called or known by Any other name than
Merimack, by Indians or english & being ask'd who wrote this
Deposition Answ'^ Col° Prescot of Grotton in y^ Said County of Mid-
dlesex — and whether there was not other Indians lived on Merri-
mack River besides y® Pennicoke Indians Answ'^ they were all calld
Pennicoke Indians. —
August 23'' 1737 Benjamin parker
BOUNDARY LINE PAPERS. 3I9
[Masonian Papers, Vol. 4, p. 137.]
The Declaration of John Longley of Groton in the County of
Middlesex in the Province of the Massachusetts Bay in New Eng-
land Yeoman, Aged 55 Years or thereabouts, Who Testifies & saith,
that about ffourty three Years past, he was taken with others, a Cap-
tive by the Indians from Groton afores*^, and was carried by them
thro the Woods till they came to a small river called Blackbrook
above Ameskeeg ffalls where the said Indians had their Canoes ready
to Embark. And after they had Embarkt they came to a great
River, And some of the English that was Captives asking the Indians
what the name of that great River was, they answered Merrimack
River, And that they went up said River as far as the River called
Winniposockett at a place called the Crotch. And that in the Year
1703, he went up said River with Cap^ William Tyng with a noted
Indian Pilot with them, named Jo : English, as far as said River
Winniposockett to said Crotch, and the said Indian Pilot called it by
no other name than Merrimack River as afores*^ And that he the
Depon* never knew it Called by any other name during his knowl-
edge. And further the Depon' being askd who wrote his Deposition
Answ'^ he did not know y^ mans Name. —
Aug* 23'' 1737. John Longley
[Masonian Papers, Vol. 4, p. 138.]
The Deposition of Henry Farewell late of Chelmsford Now of
Dunstable in the County of Middlesex in y*^ Prov. of y^ Mass^ Bay
Aged about Sixty three Years this Depon' Testifies that he Lived
near Merrimack River from his Infancy & that when he was about
twelve Years of Age he heard the old Indians Some near 80
Years of Age Say that the River from the Mouth up to the Crotch
was called Merrimack River And he often heard the English Say
that twas called Merrimack River & that he never heard it calld by
any other Name than Merrimack River by Indians or English
Aug' 2^^ 1717. Henry Farwell
[Masonian Papers, Vol. 4, p. 138.]
Isaac Bradly of Haverhill in the County of Essex in the Prov. of
y* Mass-"* of fifty Seven Years of Age Testifyes & Saith That About
forty Years Ago This Deponant was Taken by the Indians part of
whome were of the Merimack Indians and Others of them belonoced
320 PROVINCE OF NEW HAMPSHIRE.
to Saco and they Informed me One party was going to Merimack
River After which I went with the Indians Hunting to Merimack
River (as the Indians Called it), Above Penicook And after my Return
out of Captivity About y^ Year 1702 and for Many Years after I was
Improved as a pilot to parties of men Imployed in y^ warr with the
Indians up the River Runing into the Sea between Nubury and Sals-
bury to the Croch or coming in of the River Issuing out of Winne-
pisseokie pond being Accompanied with One Joseph English an In-
dian pilot and an Inhabitant of Penicook (now Rumford) with Other
of y^ Penicook Indians and they Called the Same River Merimack
from the Mouth thereof to y'^ Crock or meeting of y'^ Rivers y^ east-
ern Branch Called Winnepisseokie & the other Pemichewasset fur-
ther the Deponant Deposeth That he was well Acquainted with
Waternuman an Indian Sachem & Cap* of y*" Merimack Indians And
with Many other Indians All of whome Called the Said River as far
up as to y'^ Crock or meeting of y^ Two Branches forementioned
Marimack and I never knew y'^ Said River Called by Any other name
by Indians or english in all my Life
Ouest'on whether you did not understand that the Indians you call
Memmack Indians went by the Name of y^ Pennicocke tribe Answ
I did not
O. whether you did not understand that where there was a Saga-
more there was always a tribe of Indians Answ — I did not — O.
where was Walternummun Sagamore of Answ. of Pennicoke Q
did you ever know the River that goes by Pennicoke called by the
Name of Pennicoke or any other Name than Merrim. from the Mouth
Clear up to the Crotch Answ. I never did — Q. who writ & Dic-
tated your Evidence Answ. a Haverhill man wrote it & I dictated
it my Self
Hampton. August 23^ I737-— Isaac brady
Note — The Ans""' given by the above 5 Witnesses to the gen'' In-
ter' ry was delivered in by them in writing & not Declared viva voce
80. eodem die — The Comm'' met again according to Adjournm',
& the New Hampshire Com'ee made a Motion in writing
[In place of the abstract here entered, these documents are given in
full from the originals in Masonian Papers, Vol. 4, p. 139.]
Province of New Hampsh"" ) To the Hon^nhe Commissioners Ap-
Hampton Aug^' 23^ 1737 \ pointed By his Majesty for Settling the
Boundary Lines between His Majesties Province of New Hampshire
BOUNDARY LINE PAPERS. 321
& Province of the Massachusetts Bay in New England Humbly
Shewcth
The Committe appointed by the Governm' of New Hampshire
that they Concieve Evidences Liveing in the Province of the Massa-
chusets Bay ought not to be received by this Hon^^^ Court they be-
ing all Parties to the Same, & Tennants in Common with Respect to
the Property Saveing which, if over Ruled we Pray that the Evi-
dences — A List of whose Names are herewith Presented may be
sworn to Answer the following Interogatorys — viz' —
1 Weither they are Acquainted with the mouth of Merrimack
river where it Empties it Selfe into the Atlantick Ocean and how
Long they have Known the Same
2 Weither there is Any Alteration in the said rivers Mouth on
Either side said river —
3^^ Weither they have Lately seen & taken Notice of the said
rivers mouth —
4'>' Weither they Know the black rocks & what Distance they are
within the Chops of the said river
5'>' Weither they have observed any Difference or alteration in the
Channell Neare the said rocks or the shores thereabouts & what y^
Alteration is —
6 Weither the Channell Ever run out of s'' river to the Northward
of said Rocks that they know of
Cap' Paul Wentworth Esq Jacob Brown
P^phraham Maston Jonathan Philbrick
Joseph Philbrick
Sha^' Walton
Geo. Jaffrey
Jotham Odiorne
Theodore Atkinson )• Com*
And' Wiggin
J Rindge
Tho^ Packer
Witnesses Desierd by the Com — of N H
Jacob Brown ')
Morris Plobbs Vail of Hampton yeomen
Ephra Marston j
J J
[Masonian Papers, Vol. 4, p. 131.]
1 : I have known y*^ Same 60 Year
2 Ouest Answ"" that he knows of none
322 PROVINCE OF NEW HAMPSHIRE.
3 y^ he was there Last Week
4 that he always accounted it a Mile Some Say tis More
5 that he knows of no Alteration of the Channel of Said River
6 that he never knew or heard of Such a thing till within this
Week. See y^ addition in the rough Sheet. —
Ephr^ X Maston
[Masonian Papers, Vol. 4. p. 140.]
Paul Wentworth of Dover in y^ Pro : of N. Hampshire Esq"" Aged
ab' 59 y""^ being Interrogated upon Oath Says.
To y^ first Interr. Says he has been acq^ with y^ River ab' 40 y''
past ; havs gone in & out of y® Same a great many times. —
To y^ 2^ he Says, that he havs veiw^ y^ River y^ last Saturday could
not perceive any material Alteration the Dep* not having Seen y^
Rivers mouth before Since y^ y'' 1703. —
To the 4^"^ That it is half a mile if not more.
To the 5* That he could not perceive any material alteration ; —
To the 6^*^ That he never knew that it did ; —
The Dep' being asked whether there was not a Channl or water to
the Northw'^ of y^ Black Rocks where they used to pass thro' with
Canoe's, Answered, No. —
Aug' 23^^ 1737- Pa-ul Wentworth
Jacob Browne of Hampton in N. Hampshire Yeom. ag^ ab' 85
years. Sworne.
To y^ V Interr. Sayd he had been acq"^ with the River ab' Sixty
years. —
To the 2^ Says there is none or very little.
To the 3"^ That he Saw it the last week
To the 4^^^ That the Black Rocks are a mile or near within the Chops
of y^ River. —
To the 5*^ That he could not perceive any difference or alteration.
To the 6''' That he never knew that it did
Signum
Jacob X Browne
Jon^ Philbrick of Hampton in y^ Pro : of N. Hamp : aged 81 years.
Sworne.
To the first Int. Says, that he has been acquainted with the Same
ab' forty years.
To the 2"^^ That ye Dep* cannot perceive any Alt"
To the 3"^ That he Saw y^ Same y^ last week
BOUNDARY LLNE PAPERS. 323
To the 4''' That the Black Rocks he knows & y^ Same are better
than half a mile from or within y Chops of the Riv'' accords to his
best Jiulgm*
To the 5''' That he could perceive no alteration
To the 6'*' That he never knew that it did, nor never heard So till
within ab^ a week past. —
The Dep' being asked whether he was there at high-waf or low
water, Answered he was there at both.
Sign.
Jon=» X Philbrick
Joseph Philbrick of Rye in N. Hampshire Marr"" ag'' ab' 74 y"
Sworne Says. —
To y^ I Int. That he has been acquaint"^ with the Same near ab' 50
years.
To the 2^^ & 3'* That he cannot perceive any alteration, havs viewed
y^ Same last Saturday, & that he has been often in & out of y^
s'^ River. —
To the 4. That he knows y^ Black Rocks & that according to his
best Judgm' they are near a mile within the mouth of the River
To the 5. That he could perceive no alteration.
To the 6. That he never knew that it did.
Joseph Philbrick.
The Massachusetts then Produced & Exa'ied the 3 ffoll Wit-
nesses on the above New Hampshire Internes on their part
[In place of the abstract here entered, these documents are given in
full from the originals in Masonian Papers, Vol. 4. p. 140.]
On y^ part of y^ Mass''
St Greenleafe of Newb. in y^ C° of Essex in the Pro. of y^ Mass*
Bay Gent. Aged 85 y""^ Sworne & Exam*^ upon y^ N. H. Interr^ An-
swered & Said
To y^ I. Int. That he has known y® Same ab^ fourscore year even
from a Child & has gone in & out of y*^ Same as M"" of a Vessell
from ab* 60 years ago till within 12 or 14 years Since or thereab^ —
To the 2'^ That within or at the Rivers mouth he knows of no alter-
ation, but the alteration he knows of is at the Barr ab' a mile with*
ye Riyi's mOUth.
To the 3^ That he has Seen y^ Same twice within y^ m"
To the 4''' That he knows y*" Black Rocks, & that they make one
Side of y^ Chops of y*" River as they counted formerly, and that
there are now Sands which lay near South East from y*= s'^ Rocks
324 PROVINCE OF NEW HAMPSHIRE.
To the 5"^ That he could perceive no alteration near the s^ Rocks,
but that y^ Sand is hove up with' y"'
To the 6'*' That he never knew that it did. —
The Dep' being asked wheth'' he knew any thing of a Ships being
cast away near y^ s'' Rocks and how long it was Since Answered,
that he knew there was a Ship cast away there or Sunk by design as
'twas report^ She being going out & y' y^ Same was upwards of Sixty
years, ago, and that he was one of y^ Number that tryed to weigh
her, and that the reason why they could not weigh the Ship was be-
cause y® Sea came in upon them at every flood there being no Beach
without y^ place where y*^ Ship, lay, as now there is. — the Dep' Says
the Ship was Sunk on the Edge of y^ Channel, her Stern coming
near the side thereof, and he do's not know but that it may be aV
a Ships length from where the deep water was. —
Stephen Greenlef
William Titcomb of Newb. in y^ County of Essex in the pro : of
y^ M'' Bay Blacksmith. (Sworne), ag"^ y8 years Exam'^ upon y^ N. H.
Interr^
To y^ I Int. That he has known y^ Same ab' 60 year.
2 That there is an alt. at y^ mouth of y^ River but up at y^
Black Rocks he knows of no alt"
3 That he has Seen y'' Same within this m°
4 That he knows y^ Black Rocks & believes y^ Same to be
better than half a mile within the mouth of y^ River and
that the s'^ Black Rocks were account^ to be on y^ N'>' Side
of Merrimack River.
5. That he knows of no alt" by the Black Rocks, but down below
y*^ Rocks there is an alt" the Bank of Sand being gathered
from y^ Northwr'^ or Increased so as to make y^ Chann'
run more over to the Southward towards Plumb Island
6. That he never knew that it did. —
O. W the Black Rocks were not the North Side of y^ mouth of y^
River. —
A. That they were.
O. W the Chann' below y'^ S'^ Rocks at y^ mouth of y*^ River is
not altered considerably to the Southw'^ to what it was when he first
rememb^ it. —
A. That it was alt'^-consid>' with' y'^ Rivers mouth near half a mile
to the Southward.
Q. w"" there was any Beach or Sand without the lowermost Black
Rocks or Badsrers Rocks.
BOUNDARY LINE PAPERS. 325
A. That there was none, but only Shole water & y' y^ same was
Easterly therefrom.
Q. W"" he ever knew a Chann" run out where y^ point called Salis-
bury point or Beach now is where they mow.
A. No. —
William Titcom
Joseph Eaton of Salisbury in y*^ Mass'^ Gent Aged ab' jy y^ Sworne
& exam'^ upon y* N. H. Int^
To y^ I. Int. That he has known y*^ Same ab' 50 year.
To the 2^ That there is a great alt" by a Beach's being raised up
about a mile, which turns y*^ Chann' to y*^ Southw^
To the 3^ That it is Some years (ab' 3 or 4) Since he Saw y^ Same
as to y^ other Int^ the Mass^ waved y^ Same. —
Q. What was there formerly without the lowermost Black Rocks ? —
A. Nothing but Sands, Seen about an hour before low water. —
O. Whether Vessels used to go over or thro' that place which is now
Beach & mowable.
A. That Vessells used to go thro' where there now is a high Beach
and y^ grass grows. —
O. W'' that place was accounted the main or best Channel. —
A. That he can't be particular or certain which was the best Chan-
nel, but that it was called the North Chann' & by Some reckoned
the best Channel, but that he do's not know of his own knowlege
which was the best Chann'
Joseph Eaton
24 Aug' 1737 — ff : 91.— The Com'ee of the Massachusetts
Moved the Comm''^ to take into their cons : their Memoriall of the
12''^ Instant & at the same time produced a Vote of the Gen" Court
of the Mass : appointing 2 other Gent. Viz' M"" Auchmuty & M""
Read to be of the Com'ee touching this Controversy & desiring they
might be so admitted Which Vote being read & it appearing thereby
that 2 of the former Agents of the Mass : were wanted at home &
that the 2 new ones were appointed in their room, They were accord-
ingly Admitted
[The above mentioned vote is here given in full from Masonian
Papers, Vol. 4. p. 141.]
At a Great and General Court or Assembly for His Majesty's
Province of the Massachusetts Bay held at Salisbury by Adjourn-
ment, August the 10''' 1737.
326 PROVINCE OF NEW HAMPSHIRE.
Aug : 12, In the House of Representatives;
Whereas one of the Agents appointed to appear before the Court
of Commissioners on the New Hampshire Boundaries is called out
of the Province, and the Business of another will Speedily demand
his Attendence out of the Province also :
Voted That Robert Auchmuty & John Read Escf'' be and are
hereby Authorized and impowered Agents, And are accordingly
joined with the other Agents to appear before the Said Hon*^'^ Com-
missioners in the Said Affair ; Any Five of the Said Agents to be a
Quorum.
In Council Read & Concur'd
Consented to, J Belcher
Copy Exam'' "^ Simon Frost Dep* Sec'^'
Then the Comm''® taking notice of their Resolution or Recommen-
dation of the 12*'' Instant to the Gen" Courts of the 2 Provinces for
Agreeing upon a proper Plan to lay before 'em of the Rivers Merri-
mack & Newichwannock & that the Gen" Court of New Hampshire
had not sent any Resolve of theirs touching what was so recom-
mended to them but that it appeared to be acted itpou by one brajich
of the Legislature only.
The Court therefore renewed their recommendation of this affair
to the Gen" Court of New Hampshire to agree upon some Plan in
conjunction with the Gen" Court of the Mass : & to report their
Concurrence or non-conurrence with zvhat had been done by the
Gen^^ Coitrt of tJie Mass : touching the prem'es in writing that so the
Comm""^ might proceed with all possible Dispatch — And the Clerks
were ordered forthwith to Deliver a Copy hereof to the Com'ee of
New Hampshire
93. And the Mass : Com'ee having made a Motion in writing
Praying That as the Dep'cons of sev" of their Witnesses sworn the
day before were drawn up by ^ sons out of Court & had not been
drawn up by the Comm''^ Clerk in the presence of the Witnesses &
signed by them in open Court as directed by the Comm'on, That they
might be again produced & exa'ied in open Court as the Comm'on
directed & exhi'ted a sett of Internes for that purpose. The cons : of
this Motion was deferred till the next day to which time they Ad-
journed
[The above-mentioned motion is here given in full from the original
in Masonian Papers, Vol. 4. p. 141.]
To the hon'^'^ his Maj'y^ Commissioners for settling the boundary
lines between the Provinces of New Hampshire & the Massachu-
setts Bay
BOUNDARY LINE PAPERS. 327
The Agents for y^ Province of the Massachusetts Bay humbly
pray, that for as much as the depositions of several of their witnesses
were drawn up by Persons out of Court, and not drawn up by y^
Clerk of this hon*"'" Court in presence of y*^ witnesses & signed by
them in open Court as the Royal Commission for the holding of this
honourable Court expressly directs, wherefore they humbly pray the
s'^ Witnesses here produced may be Examined in open Court upon
y*^ interrogatorys herewith presented, their answers upon oath taken
down by the Clerks of this Court & y*^ same signed by y*^ witnesses
in open Court accordingly. —
E Ouincy
In the Name of the Agents
[Vote of Mass. Council, 1737.]
[i\Iss. Prov. Boundaries, p. 128.]
In Council August 24, 1737.
Ordered That the Agents appointed in behalf of this province
to appear before the Hon'^^® His Majestys Court of Commission"
now Sitting at Hampton, lay before this Court, at Such times as it
Shall be Sitting an Account of their Proceedings in that Affair, de
die in diem ; That so the Court May be the better enabled to Act
what may be thought proper relating thereto.
Sent down for Concurrence Simon Frost Dep' Sec^
In the House of Repres''^^ Aug: 24, 1737
Read and Concur'd. J Ouincy Sp''""
Consented to, J Belcher
Copy Exam'^ "^ Simon Frost Dep' Sec'^'
25 Aug* 1737 — 96 — The Motion made by the Mass: Com'ee
yesterday Granted & then Adjourned till the next day, & their Wit-
nesses were produced & Examined accordingly
26 Aug' 1737 — 97 — The New Hampshire Com'ee ffiled a Protest
in writing ag* M"" Read & M"" Auchmuty being rec'ed as 2 of the
Com'ee
[In place of the abstracts here entered, these protests are given in
full from Masonian Papers, Vol. 4, p. 142.]
N Hamp'' Protest V' Read & Auchmutys Being heard orally — Viz —
For That upon the Petition of the Massachusetts Praying to be
heard by Council Learned in the Law the order of this Hon'''^ Court
328 PROVINCE OF NEW HAMPSHIRE.
on the II''' Ins' Decreed that no Oral Pleading Should be Admitted
which order we Esteemd as Conclusive & therefore came unprepared
with Such Council & the Court now admitting M"" Read & Auchmuty
Two of the greatest Lawyers in America on the parte of the Massa-
chusetts because y' Governm' Added them to y'' Comittee when it Is
not in the power of New Hamp'' at this Juncture to Obtain Any
Assistance or advice from Such Imenent Lawyers none Liveing
nearer than Boston being fifty Miles from Court & therefore Look
upon Such Procedings Contrary to the Express words of the Decree
afores'^ An Injury to his Maj'>' Province of New Hamp'' & do there-
fore Protest Ags' their being orally heard & pray the Same may be
Entred in the minits of this Hon''''^ Court & made Parte of the Case —
Theod'' Atkinson \ r ^ r-
f of y^ Comittee
Against the Massa : Evidences
His ^Maj'^' Province of New Hamp"" beg Leave to Protest against
the Evidences Produced by the Massachusetts & Say their being ad-
mitted as Evidences is not only illegal but Contrary to the Intent
of his Maj'^' Comission Constituteing this Hon'^'^ Court for that
they are all parties in the Case being not only Inhabitants but as
Such Proprietors of all the Lands ungranted in the Province of the
Massachusetts & further their comeing prepared with their evidences
Drawn up out of Court & by Persons Liveing on the Controversy &
Deeply & Perticularly Intrested in the Dispute as the evidences
Confessed in Court — and alsoe for that they were admitted to Swear
A Second time when the party had Large opportunity to Confer
with them which must be Supposed was the Case their first & Sec-
ond Evidences widely Differing as in the Case of Tho^ Parker Per-
ticularly in Relation to his Age —
T-u ir A^-i • i In behalf
Theod"^ Atkmson ■ r ^ r- .pe
( of y* Com'"
The IMassachusetts then Produced & Exa'ied the same 5 Witt-
nesses upon the ffoll Interries Viz'
[Masonian Papers, Vol. 4, p. 143.]
Province of the ) Interrogatories Exhibited to His Majes-
Massachusetts Bay \ ties Commissioners for marking out and Set-
ling the Boundaries between the Provinces of the jMassachusetts Bay
BOUNDARY LINE PAPERS. 329
& Xew Hampshire, as well on the Southern as on the Northern
part of New Hampshire, by the Province aforesaid, for Sundry Witt-
nesses, On the part of the Province, to make Answer unto.
I*' What is the name of that Stream or Great River running over
Pantuckett Falls./
2. What is the name of that Great River or Stream whereinto Nash-
away River Empties it self./
3. What is the name of that Great River or Stream whereinto Sou-
hegan River Empties it Self./
4. What is the name of that Great River or Stream wherein Piscat-
aquaoy River Empties it Self./
5. What is the name of that Great River or Stream running over
Amaskeeg ffalls./
6. What is the name of that Great River or Stream whereinto Sun-
cook River Empties it Self : /
7. What is the name of that Great River or Stream that runneth
through Pennicook Plantation now call*^ Rumford./
8 What is the name of that Great River or Stream whereinto Con-
toocook River Empties it Self./
Qthiy What is the name of that Great River or Stream whereinto Pem-
egewassett & Wenepesiokee Rivers runneth into
10. Whether the whole of that Great River from the Crotch or
meeting of Pemegewassett & Wenepesiokee down to the ffalls
at Pantuckett is, and ever was know^i & called by the name of
Merrimack./
1 1 W that Great River which runneth from y*^ union of Pemegi-
wasset & Wennepesiokee Rivers over Pautucket Falls & Emp-
ties it self into y^ Sea between Newbury & Salisbury be not all
along reputed and known by the Name of Merrimack River.
[In place of the abstracts here entered, these documents are given
in full from the originals in Masonian Papers, Vol. 4. p. 140.]
Isaac Bradley, Sworn e, aged about 57 y""^
To y® I*' Interr. A. that it is called Merrimack.
2. A. that it is called Merrimack.
3 .v. That it is call'' Merrimack
4 A That he do's not know.
5 A That it is called Merrimack.
6 A. That it is called Merrimack.
7 -\. That it is called Merrimack.
8 A. That it is called Merrimack
330 PROVINCE OF NE^^=- HAMPSHIRE.
9 A. That it is called Merrimack.
10 A. That it has ever been called by the Name of
Merrimack Since he knew any thing ab' it be-
ing So called by the Ind* y^ used there, & he
havs known y^ Same ab' 40 y""^
1 1. A. That he never heard it called by any other Name
than Merrimack, being what y^ Dep' called it
and others told him it was called by that Name.
O. W"" he ever heard that part of the River between Haverhill &
Bradford called Haverhill River. A. Yes.
Aug* 26*'' 1737- Isaac brady
Joseph Butterfield, Sworne.
To the I. Int. A. That it is called Merrimack.
Merrimack.
Merrimack.
Merrimack.
Merrimack.
Merrimack.
2
A.
.3
A
4
A
S
A
6
A
7-
A
8
A
9
— A
10
A
II
A
to y^ 7. A Merrimack.
Merrimack.
Merrimack.
Yes.
Yes.
Q. W he ever heard that part of the River between Haverhill &
Pennicook now Rumford called Pennicook River
A. No.
Signum
Aug' 26'^' 1737. — Joseph X Butterfield.
John Commings. aged 56 y''^ Sworne.
To the I Int. A y' it is called Merrimack
2 A. Merrimack
3 A. Merrimack
4 A. Merrimack
5 A. Merrimack
6 A. Merrimack
7 ■ A. Merrimack
8 A. Merrimack
9 A. Merrimack
A r ^^ never knew it called by any other Name.
BOUNDARY LINE PAPERS. 33 1
O. The Dep* being asked how he knows it is Merrimack.
A. That he has always heard it called So as well by English as Ind^
for these thirty four years last past. —
Aug' 26'*' 1737. John Comings.
Benjamin Parker of Chelmsford in the County of Middlesex in
the Province of the Massachusetts Bay Yeoman aged Sixty seven
years. Sworne. —
To the r' Int. A. Merrimack River
2 A. Merrimack River
3 A Merrimack River
4 A. Merrimack River
5 A. Merrimack River
6 — ■ A. Merrimack River
7 A. Merrimack
8 A. Merrimack
9 A. Merrimack River.
To y^ lo**" A. That he has known it to be called So ever
since he was Eight years old.
1 1 A. Yes, by Indians & English.
O. Whence do you take the begmning of the Eight years of age you
speak of, from your age as given in your Evidence the 23'^ Instant,
or from that given in your Evidence of this day. —
A. From that given in my Evidence of this day.
Q. How farr have you been up the Great River you Speak of. —
A. About five miles above Pennicook.
O. Did you ever See the Crotch of the Great River you Speak of.
A. No. —
Aug' 26. 1737. Benjamin parker
John Longley of Groton in the County of Middx in y*^ Province of
the Mass^ Bay Yeoman aged ab' 55 years. Sworne. —
To y® I. Int. A. Merrimack.
2 A. Merrimack
3 A. That he do's not know, not havs obs^ Souh"
RiV
4 A. That he do's not know, not havs obs'' Piscat^
RiV
5 A. Merrimack.
6 A INIerrimack.
7 A. ]\Ierrimack.
332 PROVINCE OF NEW HAMPSHIRE.
8 A. Merrimack.
9 A. Merrimack.
JO A. Yes.
1 1 A. That he never was acquainted with the River
below Pantucket Falls, but always heard it
was called Merrimack. —
Aug^ 26* 1737. — John Longley
103 — The Viva Voce Evidence being thus closed The Com'ees of
both Provinces were ord"^ to lay before the Comm''^ All their Papers
Evidences Deeds Ch'ers & Proofs relating to this Controversy that
afternoon & the next morning
And the Comm''^ then Adjourned to the afternoon
When they again met & the New Hampshire Com'ee Presented a
Copy of a Report from the Gen'^ Court of that Province touching a
Plan of Merrimack River "^suant to what was recommended by the
Comm""^ the day before — But this Report is not entred among the
Proceedings.
[Vote of N. H. Council about Plans, 1737.]
[Mss. Prov. Boundaries, p. 132.]
In Council Aug^' 25, 1737 —
Pursuant to the Recommendation of the Hon'^''^ Court of Corn-
miss''^ to agree upon a plan of the River Merrimack to be laid before
them and having now before this Board a Plan of the River which
runs from Winnipishoky Pond to the Atlantick sea presented by the
Great & General Court of the Massachusets Bay to the General
Assembly of New Hamp"^ to be agreed upon by the Said General
Assembly of New Hampshire in order to be laid before the Honour-
able Commissioners aforementioned Voted That the said plan be
Accepted, & It is hereby ordered that the same be forthwith laid be-
fore the said Honourable Commissioners to give them an Idea of the
before mentioned River Runing from Winnipishoky pond aforesaid
to the Atlantick Ocean before mentioned.
Ordered To be sent down — for Concurrence
Rich^ Waldron Sec^y
Eod'" Die/ In the House of Representatives
the above vote Read and Noncurr'd : and voted that the House
adhears to their former votes of the 20^'' Curr' — Relating to the
Plans — James Jeffry Cle"" Ass'"
nOUNDAKV LINE PAPERS. 333
[X. H. Vote about Plans, 1737.]
[Mss. Prov. Boundaries, p. 129.]
Province of ]
New Hampshire J In the House of Representativs
Pursuant to the Recomendation of the Hon'''*^ Court of Com-
miss"^ to agree upon a Plan with the Mass-"*
Voted/ That the Annexed Plan, be presented to the S'' Hon^'^
Court of Commiss''* to Give them an Idea of the Course of the
Water from Winnipiseoke and Pimegewasick to where it Emptys it
Selfe into the Atlantick Ocean —
August 26^'' 1737 James Jeffry Cle*' Ass'"
Sent up for Concurrence
In Council Eod"^ die
Read and Concurred Rich'' Waldron Sec''^
Same day Consented to J Belcher
[Masonian Papers, Vol. 4, p. 144.]
Prov^ of 1 Hampton august 26''^ i737
N Hamps"" j Wee of the Comittee of Newhampshire for the
affaire of the Dividing Lines between the Provinces — Object
against the Whole Report of the Committee of the Mass^ and the
vote of the Gen" Court thereon Dated the 18"^ Curr'
2 against the Severall Entries on the Draught of the words Mer-
ry mack
3 Against the Pretended Boundary at Endicots Tree So called as
also the Black Rocks which is about a Mile to the Northward of the
Middle of the Mouth of Merrymack River where it Emptys it Selfe
into the Atlantick Ocean
Shad Walton ^
Geo. Jaffrey
Jotham Odiorne
Theodore Atkinson I ^
A ir \\T • > Comittee
And"^ VViggm '
J Rindge
Tho^ Packer
James Jeffry
334 PROVINCE OF NEW HAMPSHIRE.
The Massachusetts written Evidence
7 Ocf 1691 3" W"^ & M-'' Massachusetts Charter
Then the Agents for the Massachusets Produced the Originall
Charter of William & Mary which was read & a Copy thereof is re-
turned among the Proceedings of the Comm'^ ffo : 104 to 145.
[In place of the abstract here entered, this document is given in full
from Masonian Papers, Vol. 4, p. 145.]
TJie Charter Grajited by Their Majesties King William and
Queen Mary, ^fc.
William and Mary, by the Grace of God, King & Queen of
England^ Scotland, France and Ireland, Defenders of the Faith, &c.
To all to whom these Presents shall come, Greeting. Whereas his
late Majesty King James the First, Our Royal Predecessor, by his
Letters Patents under the Great Seal of England, bearing Date at
Westminster the Third Day of November, in the Eighteenth Year of
his Reign, did give and grant unto the Council Established at Ply-
mouth in the County of Devon, for the Planting, Ruling, Ordering
and Governing of Neiv-England in America, and to their Successors
and Assigns, all that part of America lying and being in breadth
from Forty Degrees of Northerly Latitude from the Equinoctial
Line to the Forty Eighth Degree of the said Northerly Latitude,
inclusively, and in length of and within all the breadth aforesaid
throughout all the Main Lands, from Sea to Sea, together also with
all the Firm Lands, Soils, Grounds, Havens, Ports, Rivers, Waters,
Fishings, Mines and Minerals, as well Royal Mines of Gold and Sil-
ver, as other Mines and Minerals, Precious Stones, Quarries, and all
and singular other Commodities, Jurisdictions, Royalties, Priviledges,
Franchises and Preheminences, both within the said Tract of Land
upon the Main, and also within the Islands and Seas adjoyning :
Provided always that the said Lands, Islands, or any the Premises by
the said Letters Patents intended or meant to be granted were not
then actually possessed or inhabited by any other Christian Prince or
State, or within the Bounds, Limits or Territories of the Southern
Colony, then before granted by the said late King James the first,
by divers of his Subjects in the South parts ; To have and to hold,
possess and enjoy, all and singular the aforesaid Continent Lands,
Territories, Islands, Hereditaments, and Precincts, Seas, Waters,
Fishings, withal and all manner of their Commodities, Royalties,
Liberties, Preheminences and Profits that should from thenceforth
arise from thence, with all and singular their Appurtenances and
BOUNDARY LINE PAPERS. 335
every part and parcel thereof, unto the said Council, and their Suc-
cessors and Assigns for ever, to the sole and proper Use and Benefit
of the said Council and their Successors and Assigns for ever : To
be holden of his said late Majesty YJxwg James the first, his Heirs and
Successors, as of his Mannor of East GrccmvicJi in the County of
Kent, in Free and Common Sockage, and not in Capite, or by
Knights Service : Yielding and Paying therefore to the said late
King, his Heirs and Successors, the fifth part of the Oar of Gold
and Silver, which should from time to time, and at all times then
after happen to be found, gotten, had and obtained, in, at, or within
any of the said Lands, Limits, Territories or Precincts, or in, or with-
in any part or parcel thereof, for or in respect of all and all manner
of Duties. Demands and Services whatsoever, to be done, made or
paid to the said late Yimgjajnes the first, his Pleirs and Successors (as
in and by the said Letters Patents, amongst sundry other Clauses, Pow-
ers, Priviledges and Grants therein contained, more at large appear-
eth : ) and whereas the said Council Established at PlyniontJi in the
County of Devon, for the Planting, Ruling, Ordering, and Governing
of Xew England in America, did by their Deed indented under their
Common Seal, bearing date the Nineteenth Day of March, in the
Third Year of the Reign of Our Royal Grand-father King Charles
the First, of ever Blessed Memory, Give, Grant, Bargain, Sell, Infeoff,
Alien and Confirm to Sir Henry Rosivell, Sir JoJui Young, Knights,
Thomas Soutlicott, John Hnniphreys, John Endicott, and Simon
WJietcombe, their Heirs and Assigns, and their Associates, for ever,
all that part of New-England in America aforesaid, which lyes and
extends between a great River there, commonly called Monomack
alias Merimack, and a certain other River there called Charles River,
being in a bottom of a certain Bay there commonly called Massachu-
setts, alias Mattachusetts, alias Massatnsetts-Bay, and also all and
singular those Lands and Hereditaments whatsoever, lying within
the space of three English Miles, on the South part of the said
Charles River, or of any and every Part thereof ; and also all and
singular the Lands and Hereditaments whatsoever, lying and being
within the space of three English Miles to the Sothward of the
southermost part of the said Bay called the Massachusetts, alias
Mattachusetts, alias Massatusetts Bay ; and also all those Lands and
Hereditaments whatsoever which lye and be within the space of
three English Miles to the Northward of the said River called Mano-
inack, alias Merimack, 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 in Breadth,
and in Length, and Longitude, of and within all the breadth afore-
336 PROVINCE OF NEW HAMPSHIRE.
said throughout the Main Lands there, from the Atlantick and West-
ern Sea and Ocean on the East part to the South Sea on the West
part, and all Lands and Grounds, Place and Places, Soil, Woods and
Wood-grounds, Havens, Ports, Rivers, Waters, Fishing and Heredi-
taments whatsoever, lying within the said bounds and limits, and
every part and parcel thereof; and also all Islands lying in America
aforesaid, in the said Seas, or either of them on the Western or
Eastern Coasts or parts of the said Tracts of Land, by the said In-
denture mentioned to be given and granted, bargained, sold, enfeoffed,
alien'd and confirmed, or any of them ; and also all Mines and Minerals,
as well Royal Mines of Gold and Silv^er as other Mines and Minerals
whatsoever in the said Lands and Premises, or any part thereof, and
all Jurisdictions, Rights, Royalties, Liberties, Freedoms, Immu-
nities, Priviledges, Franchises, Preheminences and Commodities
whatsoever, which they the said Council Established at Plymouth in
the County of Devon, for the Planting, Ruling, Ordering and Gov-
erning of New-England in America, then had, or might use, exercise
or enjoy, in or within the said Lands & Premises, by the same In-
denture mentioned to be given, granted bargained, sold, enfeoffed
and confirmed in or within any part or parcel thereof : To have and
to hold the said parts of Neiv-England in America, which lyes and
extends, and is abutted as aforesaid, and every part and parcel there-
of ; and all the said Islands, Rivers, Ports, Havens, Waters, Fish-
ings, Mines, Minerals, Jurisdictions, Franchises, Royalties, Liber-
ties, Priviledges, Commodities, Hereditaments and Premises whatso-
ever, with the Appurtenances, unto the said Sir Henry Rosiuell, Sir
John Yo7ing, Thomas Southcott,John Humphreys, John Endicott,2cad
Simond Whctcomb, their Heirs and Assigns, and their Associates for
ever, to the only proper and absolute use and behoof of the said Sir
Henry Rosivell, Sir Yoking, Thomas Sontlicott, John Humphreys,
John Endicott, and Simon WJictcombe, their Heirs and Assigns and
their Associates for evermore : To be holden of our said Royal
Grandfather King Charles the First, his Heirs and Successors, as of
his Mannor of East Greenwich in the County of Kent, in free and
common Sockage, and not in Capite nor by Nights Service, yielding
and paying therefore unto Our said Royal Grandfather, his Heirs and
Successors, the fifth part of the Oar of Gold and Silver which should
from time to time, and at all times hereafter happen to be found,
gotten, had and obtained in any of the said Lands within the said
Limits, or in or within any part thereof, for and in satisfaction of all
manner of Duties, Demands and Services whatsoever, to be done,
made or paid to Our said Royal Grandfather, his Heirs or Successors
(as in and by the said recited Indenture may more at large appear.)
BOUNDARY LINE PAPERS. 33/
And IJVu-reas Our said Royal Grandfather in and by his Letters Pat-
ents under the Great Seal of England^ bearing date at Westminster
the fourth day of March, in the fourth Year of his Reign, for the
Consideration therein mentioned, did grant and confirm unto the
said Sir Henry Roszvell Sir Jolin Young Thomas Sontheott, John
Hninphreys, John Endicott and Symond Whetcombe^ and to their As-
sociates after named, viz. Sir Ralph Saltonstall ¥^mgiiX.,Isaac Johnson,
Samuel A/dersey, John Ven, MattJiexv Craddoek, George Harivood,
Increase lYozcell, Richard Peny, Richard Bellingham, NatJianael
Wright, Samuel Vassall, Theophilus Eaton ^ Thomas Goffe, Thomas
Adams, John Brozvn, Samuel Broicn, Thomas Hutchins, William
Vassall, William Pincheon and George Foxcroft, their Heirs and
Assigns, all the said part of Neiv-England in America, lying and ex-
tending between the Bounds and Limits in the said Indenture ex-
pressed, and all Lands and Grounds, Place and Places, Soils, Woods
and \\'ood grounds. Havens, Ports, Rivers, Waters, Mines, Minerals,
Jurisdictions, Rights, Royalties, Liberties, Freedoms, Immunities,
Priviledges, Franchises, Preheminences and Hereditaments whatso-
ever; bargained, sold, enfeoffed and confirmed, or mentioned or in-
tended to be given, granted, bargained, sold, enfeoffed, aliened
and confirmed to them the said Sir Henry Roszvell, Sir Joh7i Young,
Thomas Sontheott, John Humphreys, John Endicott and Symond
Wlietcojnbe, their Heirs and Assigns, and to their Associates for
ever, by the said recited Indenture : To have and to hold the
said part of Neiv England in America, and other the Premises
thereby mentioned to be granted and confirmed, and every part
and parcel thereof, with the appurtenances, to the said Sir Henry
Roszvell, Sir John Young, Sir Richard Saltonstall, Thomas
Sontheott, John Hninphreys, John Endicott, Symond WJietcombe,
Isaac Johjison, Samuel Aldersey, John Ven, Matthezv Craddoek,
George Harzvood, Increase N'ozvell, Richard Perry, Richard Bel-
lingham, Nathanael Wi-ight, Samuel Vassal, Theophilus Eaton,
Thomas Goffe, Thomas Adams, John Brozvji, Samuel Broivn, Thomas
Hutchins, William Vassall, William Pincheon and George Foxcroft,
their Heirs and Assigns for ever, to their own proper and absolute
use and behoof for evermore ; To be holden of our said Royal Grand-
father, his Heirs and Successors, as of his Mannor of East-Green-
zvich aforesaid, in free and common Sockage, and not in Capite nor
by Knights Service ; and also yielding and paying therefore to Our
said Royal Grandfather, his Heirs and Successors, the fifth part only
of all the Oar of Gold and Silver which from time to time and at all
times after should be there gotten, had or obtained, for all Services,
Exactions and Demands whatsoever, according to the Tenor and Res-
338 PROVINCE OF NEW HAMPSHIRE.
ervation in the said recited Indenture expressed. And further, Our
said Royal Grandfather by the said Letters Patents did give and
grant unto the said Sir Henry Roswcll, Sir John Youjig, Sir Richard
Saltonstall, Thomas Sonthcott, JoJin HunipJireys, John Endicot^ Sy~
niond WJietcomb^ Isaac JoJinson, Saimicl Alderscy^JoJin Ven, Mat-
thew Craddock, George Harzvood, Increase Nozvell, Richard Perry,
Richar BcllingJiam, Nathanael Wright^ Sainnel Vassall, TJieopJiilus
Eaton, Thomas Goffe, Thomas Adams, John Broivn, Sam^^ Brozvn,
TJiomas Hutcliins, IV"^ Vassa//, William PincJieon and George Fox-
croft^ their Heirs and Assigns, all that said part of Nezv England in
America^ which lyes and extends between a great River called Mono-
mack, alias Merimack River, and a certain other River there called
CJiarles River, being in the bottom of a certain Bay there commonly
called Massachusetts, alias Mattachnsetts, alias Massatnsetts-Bay ;
and also all and singular those Lands and Hereditaments whatsoever,
lying within the space of three English Miles, on the South part of
the said River called CJiarles River, or of any or every part thereof ;
and also all and singular the Lands and Hereditaments whEitsoever,
lying and being within the space of three English Miles to the South-
ward of the southermost part of the said Bay called Massachusetts,
alias Mattachnsetts, alias Massatnsetts-Bay ; and also all those Lands
and Hereditaments whatsoever which lye and be within the space of
three English Miles to the Northward of the said River called Mono-
mack alias Merimack, 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 through-
out the Main Lands there, from the Atlantick or Western Sea and
Ocean on the East part, to the South Sea on the West part ; and all
Lands & Grounds, Place and Places, Soils, Woods and Wood-lands,
Havens, Ports, Rivers, Waters and Hereditaments whatsoever, lying
within the said Bounds and Limits, and every part and parcel thereof ;
and also all Islands in America aforesaid, in the said Seas, or either of
them on the Western or Eastern Coasts or Parts of the said Tracts
of Lands, thereby mentioned to be given and granted, or any of
them ; and all Mines and Minerals, as well Royal Mines of Gold and
Silver as other Mines and Minerals whatsoever in the said Lands and
Premises, or any part thereof; and free Liberty of Fishing in or
within any of the Rivers & Waters within the bounds and limits
aforesaid, and the Seas thereunto adjoyning ; and all Fishes, Royal
Fishes, Whales, Balene, Sturgeon, and other Fishes of what kind or
Nature soever, that should at any time thereafter be taken in or
within the said Seas or Waters, or any of them, by the said Sir Hcji-
BOUNDARY LINE PAPERS. 339
ry Rosii'c//, S\r John Yoinig, Sir Richard Saltoiista/l, Thomas SoiitJi-
cottyjohn Humphreys^ JoJui Etidicott, Sitnond Whctcome, Isaac John-
son, Sam n c/ Aide rscy, John Voi, Matthcti' Craddock, Gcoi'gc Harwood,
Increase Xoiue/l, Richard Perry, Richard Bcllingham, Nathaniel
Wright, Samuel Vassall, TheopJiilns Eaton, Thomas Goffe, TJunnas
Adams, John Broivn, Samuel Broiun, Thomas Hutchins, William
Vassall, William Pincheon and George Foxcfoft, their Heirs or As-
signs, or by any other Person or Persons whatsoever there inhabiting,
by them or any of them to be appointed to Fish therein. Provided
always, that if the said Lands, Islands, or any the Premises before
mentioned, and by the said Letters Patents last mentioned, intended
and meant to be granted, were at the time of the granting of the said
former Letters Patents, Dated the third day of November, in the
Eighteenth Year of the Reign of his late Majesty King James the
First, actually possessed or inhabited by any other Christian Prince
or State, or were within the Bounds, Limits or Territories of the said
Southern Colony then before granted by the said King, to be Planted
by divers of his loving Subjects in the South parts of America, That
then the said Grant of Our said Royal Grandfather should not extend
to any such parts or parcels thereof so formerly inhabited, or lying
within the bounds of the Southern Plantation as aforesaid. But as
to those Parts or Parcels so possessed or inhabited by any such Chris-
tian Prince or State, or being within the boundaries aforesaid, should
be utterly void : To have and to hold possess and enjoy the said parts
of New-England \x\ America which lye extend, and are abutted as afore-
said, and every part and parcel thereof; and all the Islands, Rivers,
Ports, Havens, Waters, Fishings, Fishes, Mines, Minerals Jurisdic-
tions, Franchises, Royalties, Liberties, Priviledges, Commodities and
Premises whatsoever, with the Appurtenances, unto the said Sir Henry
Roszcell, Sir John Young, Sir RicJiaui Saltonstall, Thomas SoutJicott,
John Humphreys, John Endicott, Symond Whetcombe, Isaac JoJinson,
Samuel Aldersey, John VeJi, Mattheiu Craddock, George Harzvood, In-
crease Nozuell, Richard Perry, Richard BellingJiam^ NatJmnael Wright,
Samuel Vassall, Theophilus Eaton, Thomas Goffe, Thomas Adams,
Jo Jin Brown, Samuel Brown, Thomas Hutchins, William Vassall, Wil-
liam Pincheon and George Foxcroft, their Heirs and Assigns, for ever :
To the only proper and absolute use and behoof of the said Sir Henry
Roszuell, Sir John Yo?ing, Sir Richard Salto/zstall, Thomas SoutJi-
cott, John Humphreys, John Endicott, Symond Whetcombe, Isaac John-
son, Samuel Aldersey, JoJin Ven, Jllatthexo Craddock, George Harivood,
Increase Nozuell, RicJiard Perry, Richard BellingJiam, NatJianael
Wright, Samuel Vassall, TheopJiilus Eaton, Thomas Gojfe, Thomas
Adams, John Brown, Samuel Brown, TJiomas Hutchins, Williai)i
340 PROVINCE OF NEW HAMPSHIRE.
Vassal/, Williavi PcncJicoji and George Foxcroft^ their Heirs and
Assigns for evermore : To be holden of Our said Royal Grand father,
his Heirs and Successors, as of his Mannor of East Greemvich
in the County of Kent, within the Realm of England^ in free and
common Sockage, and not in Capite nor by Knights Service : And
also yielding and paying therefore to Our said Royal Grandfather,
his Heirs and Successors, the fifth part only of all the Oar of
Gold and Silver which from time to time and at all times thereafter,
should be gotten, had and obtained for all Services, Exactions and
Demands whatsoever. Provided always, and his Majesties express
Will and meaning was, that only one fifth part of all the Gold and
Silver Oar above mentioned in the whole, and no more should be an-
swered, reserved & payable unto Our said Royal Grandfather, his
Heirs and Successors, by Colour or Vertue of the said last mentioned
Letters Patents, the double Reservations or Recitals aforesaid, or
any thing therein contained notwithstanding. And to the end that
the Affairs and Business which from tune to time should happen and
arise concerning the said Lands, and the Plantations of the same,
might be the better Managed and Ordered, and for the good Govern-
ment thereof. Our said Royal Grandfather King Charles the First,
did by his said Letters Patents Create and make the said Sir Henry
Rosivell, Sir Jo/iJi Young, Sir Richard Saltonstall, TJiovias SontJicott,
John HiLvipJweys^JoJin Endicott^ Symond Whetcombe, Isaac Johnson,
Sarmiel Aldersey John Ven, Matthew Craddock, George Harzvood,
Increase Nowell, Richard Perry, Richard Bcllijighani, Nathanael
Wright^ Samuel Vassall, and TJieopJiihis Eaton Thomas Goffe, Thom-
as Adams ^JoJin Broivn, Samuel Brozvn, Thomas HutcJiins, William
Vassall, William PincJieon and George Foxcroft, and all such others
as should thereafter be admitted and made free of the Company and
Society therein after mentioned, one Body Politique and Corporate
in Fact and Name, by the Name of the Governour and Company of
the MassacJinsetts-Bay in Nezv-England, and did grant unto them
and their Successors divers Powers, Liberties and Priviledges, as in
and by the said Letters Patents may more fully and at large appear.
And Whereas the said Governour and Company of the Alassaclinsetts-
Bay in Nezv-England^ by Vertue of the said Letters Patents did set-
tle a Colony of the EnglisJi in the said parts of America^ and divers
good Subjects of this Kingdom, incouraged and invited by the said
Letters Patents, did Transport themselves and their Effects into the
same, whereby the said Plantation did become very populous, and
divers Counties, Towns and Places, were Created, P>ected, made set
forth, or designed within the said parts of America, by the said Gov-
ernour and Company for the time being : And Whereas in the Term
BOUNDARY LINE PAPERS. 34I
of the Holy Trinity, in the Thirty sixth Year of the Reign xhe first char-
of our Dearest Unkle Kinir Charles the Second, a Judg- ter vacated by a
/-\ r^ ^ r /^t A^ • ^ ^- i^ Judgment in
ment was given in Our Court of Chancery then sitting at chancery, An.
Westminster^ upon a Writ of Scire facias^ brought and "" '^^•*
prosecuted in the said Court against the Governour and Company of
the MassacJiusctts-Bay in Xezv-Englatid, that the said Letters Patents
of Our said Royal Grand-father King Charles the First, bearing date
at Westminster the 4th day of March, in the fourth Year of his
Reign, made and granted to the said Governour and Company of the
Massachusetts-Bay in N^exv-England^ and the Enrollment of the same,
should be cancelled vacated and annihilated, and should be brought
into the said Court to be cancelled, (as in and by the said Judgment
remaining upon Record in the said Court doth more at large appear :)
And whereas several Persons employed as Agents in behalf of Our
said Colony of the Massachnsetts-Bay in Nezv-England^ have made
their humble Application unto us, That We would be graciously
pleased by Our Royal Charter to Incorporate Our Sub- ^,^g Agents of
jects in Our said Colony, and to grant and confirm unto that coiSny Pe.
them such Powers, Priviledges and Franchizes as Our incorporated as
Royal Wisdom should be thought most Conducing to ^°''"^^'''y-
Our Interest and Service, and to the Welfare and happy State of
Our Subjects in Neiv-England : And We being graciously pleased to
gratifie Our said Subjects ; and also to the end Our good Subjects
within Our Colony of New-Plymouth in Nezv-England aforesaid, may
be brought under such a form of Government, as may put them in a
better Condition of Defence, and considering as well the Granting
unto them as unto Our Subjects in the said Colony of the Massachu-
setts-Bay Our Royal Charter, with reasonable Powers and Priviledges,
will much tend not only to the safety, but to the flourishing Estate
of Our Subjects in the said parts of Nezv-Englaud, and also to the
advancing of the Ends for which the said Plantations were at first
Encouraged ; Of Our Special Grace, certain Knowledge, and meer
Motion, have Willed and Ordained, and We do by these presents for
Us, Our Heirs and Successors Will and Ordain, That the Territories
and Colonies commonly called or known by the Names of the Colony
of the Massachusetts-Bay, and Colony of Nezv-PlymoutJi, the Province
of Main, the Territory called Aceada, or Nova Scotia ; and all that
Tract of Land lying between the said Territories of Nova Scotia,
and the said Province of Main, be erected, United and Incorporated :
And We do by these presents Unite, Erect and Incor- ^,^g Massa-
porate the same into one Real Province by the Name of chusetts, piy-
Our Province of the Massachusetts-Bay \n Neiu-England ; mc^oi Main, &.
and of Our Especial Grace, certain Knowledge, and meer ''^^{^^^ &"mde
Motion, We have given and granted, and by these Pres- one Province.
342 PROVINCE OF NEW HAMPSHIRE.
ents for Us, Our Heirs and Successors, do give and grant unto Our
good Subjects, the Inhabitants of Our said Province or Territory of
the MassacJinsetts-Bay , and their Successors, all that part of New-
England in America^ ly^"& ^"^^ extending from the great River com-
The Extent '^^'^b' Called Mouoviack, alias Mcriinack, on the North
and Bounds of part, aiid from three Miles Northward of the said River
to the Atlantick or Western Sea or Ocean on the South
part, and all the Lands and Hereditaments whatsoev^er lying within
the Limits aforesaid, and Extending as far as the outermost Points
or Promontories of Land called Cape-Cod^ and Cape Malabar North
and South, and in Latitude, breadth, and in length and Longitude,
of and within all the breadth and Compass aforesaid throughout the
main Land there, from the said ^//(t/^/zV/^ or Western Sea, and Ocean
on the East part towards the South Sea, or Westward as far as our
Colonies of Rhode-Island, Connnecticnt^ and the Narragansett Coun-
try : all also all that part or portion of main Land, beginning at the
entrance of Piscataway Harbour, and so to pass up the same into the
River of NexvicJnvnnnock, and through the same into the furthest
head thereof, and from thence North-westward, till one hundred and
twenty miles be finished, and from Piscataivay Harbour mouth afore-
said Northeastward along the Sea Coast to Sagadohock, and from the
period of one hundred and twenty miles aforesaid to cross over land
to the one hundred and twenty miles before reckoned up into the
land from Piscataivay Harbour through NewicJiwannock River, and
also the North half of the Isles & Shoals, together with the Isles of
Capaivock, and Nantuckett near Cape Cod aforesaid, and also Lands
Hereditaments lying and being in the Country & Territory com-
monly called Accada, or Nova Scotia^ and all those Lands and Hered-
itaments lying and extending between the said Country or Territory
of Nova Scotia, and the said River of Sagadahock, or any part there-
of ; and all Lands, Grounds, Places, Soyls, Woods and Wood-grounds,
Havens, Ports, Rivers, Waters, and other Hereditaments and Prem-
ises whatsoever lying within the said Bounds and Limits aforesaid,
and every part and parcel thereof : And also all Islands and Islets
lying within Ten Leagues directly opposite to the Main Land
All n/i- f within the said Bounds : And all Mines and Minerals,
All Mines & _, .
Minerals granted as wcll Royal Mmcs of Gold aiid Silver, as other Mines
ants&the"irSu'c- and Miiicrals whatsoever in the said Lands and Prem-
cessors. \sQs, OX any part thereof. To have and to hold^ the
said. Territories, Tracts, Countreys, Lands, Hereditaments, and all
and singular other the Premises, with their and every of their
Appurtenants to our said Subjects the Inhabitants of our said
Province of the Massachusetts-Bay in New-England, and their Sue-
BOUNDARY LINE PAPERS. 343
cessors to their only proper Use and Behoof for evermore, To be
holdcn of Us, our Heirs and Successors, as of our Mannor of East-
GrccuwicJi^ in the County of Kent, by Fealty only in free and com-
mon Sockaire : Yieldinc: and pavincr therefore yearly to
. ^ •' . "^ •' Saving one
Us, our Heirs and Successors, the Fifth part of all Gold fifth of Gold &
and Silver Oar, and Precious Stones which shall from "'^'^ ^r, s^c.
time to time, and at all times hereafter, happen to be found, gotten
had and obtained in any of the said Lands and Premises, or within
any part thereof : Provided nevertheless, and we do for Us, our
Heirs and Successors grant and ordain, that all and every such Land,
Tenements and Hereditaments, and all other Estates, .„ ,
... „ -, 1^ T ^^ ^^ • 1 ^ -A" Lands,
which any Person or Persons, or Pochcs Politick, or Cor- Hereditaments,
porate. Towns, Villages, Colleges or Schools, do hold and granted°%'^^Iny
enjoy or ought to hold and enjoy, within the Bounds fr"" "school '^^o^f
aforesaid, by or under any Grant or Estate duely made or \^^'if'^^' ^°^'
granted by any General Court formerly held or by virtue
of the Letters Patents herein before recited, or by any other Lawful
Right or Title whatsoever, shall be by such Person and Persons,
Bodies Politick and Corporate, Towns, Villages, Colleges, or Schools,
their respective Heirs, Successors and Assigns for ever, hereafter
held and enjoyed, according to the purport and intent of such respect-
ive Grant, under and subject nevertheless to the Rents and Services
thereby reserved or made payable, any matter or thing whatsoever to
the contrary notwithstanding. And provided also. That „ .
•'. , ^ -* oaving for
nothing herein contained shall extend, or be understood savmei Alien
or taken, to impeach or prejudice any Right Title, Inter-
est or Demand, which Savinel Allen of London, Merchant claiming
from and under JoJin Mason, Esq ; deceased, or any other Person or
Persons, hath or have, or claim eth to have, hold or enjoy, of, into, or
out of any part or parts of the Premises scituate within the Limits
above mentioned : But that the said Samnel Allen, and all and every
such person and persons, may and shall have, hold and enjoy the
same in such manner (and no other than) as if these Presents had not
been or made. It being our further Will and Pleasure, Grants orc
That no Grants or Conveyances of any Lands, Tene- veyances not
ments or Hereditaments to any Towns, Colleges, Schools wai" orForm.° '
of Learning, or to any private Person or Persons, shall
be judged or taken, to be avoided or prejudiced, for, or by reason of
any want or defect of Form, but that the same stand and remain in
force, and be maintained adjudged, and have effect in the Same man-
ner as the same should or ought before the time of the said recited
Judgment, according to the Laws and Rules then and there usually
practised and allowed. y^;/<-/ we do further, for Us, Our Heirs and
344 PROVINCE OF NEW HAMPSHIRE.
Successors, Will, Establish and Ordain, That from hence-
Go V er n o u r, ' ' '
Lieut. Govern, forth for cvcr there shall be One Governour ; One Lieu-
our, e.retary. |-gj^aj-,|-^ q^ Deputy-GovemoLir ; and One Secretary of Our
said Province or Territory, to be from time to time Appointed and
Commissionated by Us, Our Heirs and Successors ; and Eight and
^. , , Twenty Assistants, or Councellors, to be advising and
Twenty Couu- assistlug to thc Govcmour of Our said Province or Terri-
tory for the time being, as by these Presents is hereafter
directed and appointed : Which said Councellors or Assistants are to
be constituted, elected and chosen in such form and manner as here-
after in these Presents is expressed. And for the better Execution
of Our Royal Pleasure and Grant in this behalf. We do by these
Presents, for Us, Our Heirs and Successors, Nominate, Ordain,
Make and Constitute Our Trusty and Well-beloved Simon Broad-
Namesof strect,Jo!in Richards, NatJianael Saltonstall, Wait Win-
the First Coun- tJivop, JoJui P kilHps , Janics Russel, SaniiLcl Sewall, Sani-
ants."^* ""^ ' *^'^ ' ucl Appleton, BartJwlomcw Gedney, John Hathorn, Elisha
Hutchinson^ Robert Pike, Jonathan Corivin,John Jolliffe^
Adam Winthrop, Richard Middlccot^ JoJin Foster^ Peter Serjeant,
Joseph Lynd, Saninel Heyman, Stephen Alasoji, Thomas Hinkley,
William Bradford, John JValley, Barnabas Lothrop,Job Alcot^ Sam-
uel Daniel^ and Silvanns Davis, Esqrs ; the first and present Councel-
T .. lors or Assistants of Our said Province ; to continue in
To continue ...
until May. 1693 thcir Said respective Offices or Trusts of Councellors or
are Chosen by Assistaiits Until the Last Wednesday in May, which shall
the Assembly. ^^ j^^ ^^^ year of Our Lord 1693. and until other Coun-
cellors or Assistants shall be Chosen and Appointed in their stead,
in such manner as in these Presents is expressed. And we do fur-
ther by these Presents Constitute and Appoint Our Trusty and Well
Secreta bclovcd Isaac Addington Esq ; to be Our first and present
Secretary of Our said Province, during Our Pleasure.
And Our Will and Pleasure is. That the Governour of Our said Prov-
ince from the time being, shall have Authority, from time to time, at
his Discretion, to Assemble and Call together the Councellors or
Assistants of Our said Province for the time being : And that the
„ said Governour, with the said Assistants or Councellors
The Govern- .'
our with Seven Or Scvcu of them at the least, shall and may from time
a Council ° ^ to time hold and keep a Council for the ordering and
directing the Affairs of Our said Province. And fnrtJier^
We Will, and by these Presents for Us, Our Heirs and Successors,
do Ordain and Grant, that there shall and may be Convened, Held
A General "^"^^ Kcpt by thc Govcmour for the time being, upon
Court or Assem- evcrv last Wcdncsdav in the Month of May, every Year,
bly to be Held r ' i 4. n u ^1- ^- *.!, ^ C
the Last fvednes- lor cvcr, and at ail such other times as the Governour of
oft-^ner ^^^y'erl OuT Said Proviucc shall think fit and appoint, a Great
Year: ^nd General Court of Assembly ; which said Great and
BOUNDARY LINE PAPERS. 345
General Court of Assembly shall consist of the Gov'ernour and Coun-
cil or Assistants for the time being ; and of such Free-holders of Our
said Province or Territory, as shall be from time to time Elected or
Deputed by the major part of the Freeholders, and other Inhabitants
of the respective Towns or Places who shall be present at such Elec-
tions ; each of the said Towns and Places being hereby impowred to
Elect and Depute Two Persons and no more to serve for „ ,
, . 1 . , . T „ . TwoAs?emDly-
and represent them respectively m the said Great and Men to be chos-
General Court or Assembly. To which Great and Gen- holders \if every
eral Court or Assembly to be held as aforesaid, We do ^°'^'""
hereby, for Us, Our Heirs and Successors, Give and Grant full Power
and Authority from time to time to direct, appoint and declare what
number each County, Town and Place shall Elect and Depute to
serve for, and represent them respectively in the said Great and Gen-
eral Court or Assembly. Provided ahvays. That no Free holder, or
other person, shall have a Vote in the Election of Members to Serve
in any Great and General Court or Assembly to be held as aforesaid,
who at the time of such Election shall not have an Estate of Free-
hold in Land within Our said Province or Territory, to the V^alue of
Forty Shillings, per Aniimii at the least ; or other Estate to the Value
of Forty Pounds Sterling : And that every Person who shall be so
Elected, shall, before he Sit or Act in the said Great and General
Court or assembly, take the Oaths mentioned in an Act of Pa7'lia-
meut msLde in the First Year of Our Reign, Entituled, y^;^ Act for
Abrogating of tJie Oat /is of Allegiance and Supremacy, and appointing
other Oaths, and thereby appointed to be taken instead of the Oaths
of Allegiance and Supremacy : And shall make, repeat and subscribe
the Declaration mentioned in the said Act, before the Governour, &
Lieutenant or Deputy Governour, or any Two of the Assistants for
the time being, who shall be thereunto Authorized and Appointed by
Our said Governour. And that the Governour for the time being
shall have full Power and Authority from time to time, ^^^ Govern-
as he shall judge necessary, to Adjourn, Prorogue and our has Power to
Dissolve all Great and General Courts or Assemblies met rogura'nd Di's-
and conven'd as aforesaid. And Our Will and Pleasure b°y!^ ^^^ Assem-
is, and we do hereby, for Us, Our Heirs and Successors,
Grant, Establish and Ordain, That yearly, once in every Year for
ever hereafter, the aforesaid Number of Eight and twenty Councel-
lors or Assistants shall be by the General Court or Assembly newly
Chosen ; That is to say, Eighteen at least of the Lihabitants of, or
Proprietors of Lands within the Territory formerly called the Colony
of the MassacJiusetts-Bay ; and Four at the least of the Inhabitants
of, or Proprietors of Lands within the Territory formerly called Neiv-
346 PROVINCE OF NEW HAMPSHIRE.
PlyiiioutJi ; and Three at the least of the Inhabitants of, or Proprie-
tors of Land within the Territory formerly called the
ours Counceiiors Pfovince of Maine ; and One at the least of the Inhabit-
0° Proprietor^of ants of, or Proprietors of Land within the Territory lying
England. "^'^ bctween the River of SadagaJwck and Nova Scotia. And
that the said Counceiiors or Assistants or any of them,
shall or may at any time hereafter be removed or displaced from their
respective Places or Trust of Counceiiors or Assistants by any Great
or General Court or Assembly ; and that if any of the said Councei-
iors or Assistants shall happen to Dye, or be removed, as aforesaid,
before the General Day of Election, that then, and in every such
Case, the Great and General Court or Assembly, at their first sitting
may proceed to a New Election of one or more Counceiiors or Assist-
ants, in the room or place of such Counceiiors or Assistants so dying
or removed. And we do further Grant and Ordain, That it shall and
may be lawful for the said Governour, with the Advice and Consent
, , eu of the Council or Assistants, from time to time, to nomi-
Judges, Sher- -.ti (^ ■ • C r\ i-T-
iffs, Justices, <5r-<:, natc aud appomt Judges, Commissioners or c/jrr and ler-
with^thec'onsent iiiiiicr., SheHffs, Provosts, Marshals, Justices of the Peace,
ours^cfoundl""" ^.ud othcr Officcrs, to Our Council and Courts of Justice
belonging. Provided akvays, that no such Nomination
or Appointment of Officers be made without Notice first given, or
Summons issued out Seven Days before such Nomination or Appoint-
ment, unto such of the said- Counceiiors or Assistants as shall be at
that time residing within Our said Province. And Our Will and
Pleasure is. That the Governour, and Lieutenant or Deputy-Govern-
our and Counceiiors or Assistants for the time being, and all other
Officers to be Appointed or Chosen, as aforesaid, shall, before the
undertaking the Execution of their Offices and Places respectively,
take their several and respective Oaths for the due and faithful per-
formance of their Duties in their several and respective Offices and
^ , Places : and also the Oaths appointed by the said Act of
\\ hat Oaths „ , . ' , . , „ . '■^j r X t-. • i
are to be Taken Parliament madc lu thc Pirst Year of Our Reign, to be
taken instead of the Oaths of Allegiance and Supremacy ;
and shall make, repeat and subscribe the Declaration mentioned in
the said Act, before such Person or Persons as are by these Presents
herein after appointed : [That is to say,) The Governour of Our said
Province or Territory, for the time being, shall take the said Oaths,
and make, repeat and subscribe the said Decleration before the Lieu-
tenant or Deputy-Governour ; or, in his Absence, before any two or
more of the said Persons hereby nominated and appointed the pres-
ent Counceiiors or Assistants of Our said Province or Territory, to
whom We do by these Presents give full Power and Authority to
BOUNDARY LINE PAPERS. 347
give and administer the same to Our said Governour accordingly. And
after Our said Governour shall be Sworn, and shall have subscribed
the said Declaration, that then Our Lieutenant or Deputy-Governour
for the time being, and the Councellors or Assistants before by these
Presents nominated and appointed, shall take the said Oaths, and
make repeat and subscribe the said Declaration before Our said Gov-
ernour : And that every such person or persons as shall (at any time
of the Annual Elections, or otherwise upon Death or Removal) be
appointed to be the New Councellors or Assistants, and all other
Officers to be hereafter Chosen from time to time, shall take the
Oaths to their respective Offices and Places belonging ; and also the
said Oaths appointed by the said Act of Parliament, to be taken in-
stead of the Oaths of Allegiance and Supremacy ; and shall make,
repeat and subscribe the Declaration mentioned in the said Act, be-
fore the Governour or Lieutenant or Deputy-Governour, or any Two
or more Councellors or Assistants ; or such other Person or Persons
as shall be appointed thereunto by the Governour for the time being :
To whom we do therefore by these Presents give full Power and Au-
thority from time to time, to give and administer the same respect-
ively, according to Our true meaning herein before declared, without
any Commission or further Warrant, to be had and obtained from
Us, Our Heirs and Successors in that behalf. And Our Will and
Pleasure is, and We do hereby Require and Command, That all and
every person and persons hereafter by Us, Our Heirs .j-j^^ ^..^
and Successors, Nominated and Appointed to the respect- serves to Himself
ive Offices of Governour, or Lieutenant or Deputy Gov- thT^Gove^nou"',
ernour, and Secretary of Our said Province or Territory ^t^and^secrei
(which said Governour, or Lieutenant, or Deputy Gov- t^ry.
ernour, and Secretary of Our said Province or Territory for the
time being, We do hereby Reserve full Power and Authority to
Us, Our Heirs and Successors, to Nominate and Appoint ac-
cordingly) shall before he or they be admitted to the Execution
of their respective Offices, take as well the Oath for the due and
faithful Performance of the said Offices respectively, as also the
Oaths appointed by the said Act of Parliament, made in the said
First Year of Our Reign, to be taken instead of the said Oaths of
Allegiance and Supremacy ; and shall also make, repeat and sub-
scribe the Declaration appointed by the said Act in such Manner,
and before such Persons as aforesaid. And further Our p^^
Will and Pleasure is, and We do hereby for Us, Our mNew-EngUnd
Heirs and Successors, Grant, Establish and Ordain, That iiVeVof' Nafumi"
all and every of the Subjects of Us, Our Heirs and Sue- S.'"'°^ ^°^'
cessors, which shall go to and inhabit within Our said
Province and Territory, and every of their Children which shall hap-
348 PROVINCE OF NEW HAMPSHIRE.
pen to be Born there, or on the Seas in going thither, or returning
from thence, shall have and enjoy, all Liberties and Immunities of
Free and Natural Subjects within any of the Dominions of Us, Our
Heirs and Successors, to all intents constructions and purposes what-
soever, as if they and every of them were Born within this Our Realm
T •> . r of Eno^land. And for the greater Ease and Encourage-
L,lDerty OI r i-^ -r • r^ ^ • • • •
Conscience to be mcnt of OuF Loviug Subjccts mhabitmg Our Said Prov-
ciiHstians'except ince or Territory of the MassacJmsetts-Bay , and of such
Papists. ^g shall come to inhabit there, We do by these Presents,
for Us, Our Heirs and Successors, Grant, Establish and Ordain, that
for ever hereafter there shall be a Liberty of Conscience allowed in
the Worship of God to all Christians (except Papists) inhabiting or
which shall inhabit or be resident within Our said Province or Terri-
tory. And We do hereby Grant and Ordain, That the Governour,
or Lieutenant, or Deputy Governour of Our said Province or Terri-
tory, for the time being, or either of them, or any Two or more of
the Council or Assistants for the time being, as shall be thereunto
appointed by the said Governour, shall and may at all times, and
from time to time hereafter, have full Power and Authority to admin-
ister and give the Oaths appointed by the said Act of Parliament,
made in the First Year of Our Reign, to be taken instead of the
Oaths of Allegiance and Supremacy, to all and every person and per-
sons which are now inhabiting" or residing within Our said Province
or Territory, or which shall at any time or times here after go or pass
thither. And We do of Our further Grace, certain Knowledge and
meer Motion, Grant, Establish and Ordain, for Us, Our Heirs and
Successors, that the Great and General Court or Assembly of Our
said Province or Territory for the time being. Convened as aforesaid,
™, ^ , shall for ever have full Power and Authority to Erect and
The General . . . ^ r^ r -n> i
Court has Power Constitutc Judicatorics and Courts of Record, or otner
toriel!" H'ea'r& Courts, to bc hcld in the Name of Us, Our Heirs and Suc-
«min^'afi mani ccssors ; for thc Hearing, Trying and Determining of all
ner of Crimes, manner of Crimcs, Offences, Pleas, Processes, Plaints, Ac-
Capital or not . ' ' . ' ' . . '
Capital; and tions. Matters, Causes and Thmgs whatsoever, arising or
Real? personal happening within Our said Province or Territory ; or be-
or Mixt. tween persons inhabiting or residing there ; whether the
same be Criminal or Civil, and whether the said Crimes be Capital or
not Capital, and whether the said Pleas be Real, Personal or Mixt ;
and for the Awarding and making out of Execution thereupon : To
which Courts and Judicatories, We do hereby, for Us, Our Heirs and
Successors, Give and Grant full Power and Authority, from time to
time to administer Oaths for the better discovery of Truth in any
matter in Controversie, or depending before them. And We do for
BOUNDARY LINE PAPERS. 349
Us, Our Heirs and Successors, Grant, Establish and Ordain, that the
Governour of Our said Province or Territory for the time being, with
the Council or Assistants, may do, execute or perform all that is
necessary for the Probate of Wills, and granting of Administrations
for touching or concerning any Interest or Estate which t> , . ,
any person or persons shall have within Our said Province wiUs, and grant-
or Territory : And whereas We judge it necessary, that Ibns.
all Our Subjects should have liberty to Appeal to Us,
Our Heirs and Successors, in Cases that may deserve the same. We
do by these I'resents Ordain, That in case either Party shall not rest
satisfied with the Judgment or Sentence of any Judicatories or Courts
within Our said Province or Territory in any Personal ^ eaistothe
Action, wherein the Matter in Difference doth Exceed King in some
the Value of Three Hundred Pounds Sterling, that then
he or they may Appeal to Us, Our Heirs and Successors, in Our or
Their Privy Council. Provided, such Appeal be made within Four-
teen Days after the Sentence or Judgment given ; and that before
such Appeal be allowed, Security be given by the party or parties
Appealing, in the Value of the Matter in Difference, to Pay or An-
swer the Debt or Damages for the which Judgment or Sentence is
given, with such Costs and Damages as shall be Awarded by Us, Our
Heirs or Successors, in case the Judgment or Sentence be Affirmed :
And Provided also. That no Execution shall be staid or ^ ..
- -I r r- A 1 /-\ • Execution not
suspended, by reason of Such Appeal unto Us, Our Heirs to be staid.
and Successors, in Our or Their Privy Council ; so as
the party Sueing or Taking out Execution, do in the like manner
give Security to the Value of the Matter in Difference, to make Res-
titution in case the said Judgment or Sentence be Reversed or An-
nulled upon the said Appeal. And We do further, for Us, Our Heirs
and Successors, Give and Grant to the said Governour, and the Great
and General Court or Assembly of Our said Province or Territory,
for the time being, full Power and Authority, from time to time, to
Make, Ordain and Establish all manner of Wholsome and t,, ^ ,
' ^^ . . The General
Reasonable Orders, Laws, Statutes and Ordinances, Di- Court has Power
rections and Instructions, either with Penalties or without notReVsnanuo
(so as the same be not Repugnant or Contrary to the /«^i'*''^°^"^"^'
Laws of this Our Realm of England) as they shall judge
to be for the Good and Welfare of Our said Province or Territory,
and for the Government and Ordering thereof, and of the People in-
habiting, or who shall inhabit the same ; and for the necessary Sup-
port and Defence of the Government thereof. And We do for Us,
Our Heirs and Successors, Give and Grant, that the said General
Court or Assembly, shall have full Power and Authority, to Name
and Settle Annually all Civil Officers within the said Province, such
350 PROVINCE OF NEW HAMPSHIRE.
\
To Name & OfficcFS exceptccl, the Election and Constitution of whom
Settle Civil offi- We have by these Presents Reserved to Us, Our Heirs
cers, except, c. ^^^ Successors, Or to the Governour of Our said Province
for the Time being ; and to set forth the several Duties, Powers and
Limits of every such Officer to be appointed by the said General
Court or Assembly ; and the Forms of such Oaths not Repugnant to
the Laws and Statutes of this Our Realm of England, as shall be
respectively administred unto them for the Execution of their several
„ , . Offices and Places ; and also to impose Fines, Mulcts,
Power to im- . i , -n • i t •
pose Taxes on Imprisonmcnts, and other Punishments ; and to impose
ants/^to be^diV- and Icvy Proportionablc and Reasonable Assessments,
Mnt "^ fmm ^^th'e Ratcs and Taxes, upon the Estates and Persons of all
Governour and ^^^ evcry thc Proprictors and Inhabitants of Our said
Council, accord- . -I . ^ . ^ -,- ir-i
ing to such Acts Provincc or ierritory, to be issued and disposed of by
fn Force. ^" * Warrant under the Hand of the Governour of Our said
Province for the time being, with the Advice and Con-
sent of the Council, for our Service in the necessary Defence and
Support of Our Government of Our said Province or Territory, and
the Protection and Preservation of the Inhabitants there, according
to such Acts as are or shall be in Force within Our said Province ;
and to dispose of Matters and Things whereby Our Subjects, Inhab-
itants of Our said Province may be Religiously, Peaceably and Civilly
Governed, Protected and Defended ; so as their good Life and orderly
Conversation may win the Indians, Natives of the Country, to the
c nver Kuowlcdgc and Obedience of thfe only True God and Sa-
sion of the /«^z- viour of Mankind, and the Christian Faith, which His
oured". ^ ^" "^' Royal Majesty Our Royal Grandfather King Charles the
First, in His said Letters Patents declared was His Royal
Intentions and the Adventurers free Profession to be the Principle
End of the said Plantation. And for the better Securing and Main-
taining Liberty of Conscience hereby Granted to all persons, at any
time being and residing within Our said Province or Territory as
aforesaid, Willing, Commanding and Requiring, and by these Pres-
ents for Us, Our Heirs and Successors, Ordaining and Appointing
that all Such Orders, Laws, Statutes and Ordinances, Instructions
and Directions as shall be so Made and Published under Our Seal of
Our said Province or Territory, shall be carefully and duely Observed,
Kept and Performed, and put in Execution according to the true In-
tent and Meaning of these Presents. Provided akvays, And We do
The Govern ^^ thcsc Prcscuts, for Us, Our Hcirs and Successors,
our to have a EstabHsh and Ordain, that in the Framing and Passing
Altl^of'theVen! of all such Ordcrs, Laws, Statutes and Ordinances, and
Mai^ Assembly, j^^ ^j| £iections and Acts of Government whatsoever, to
be Passed, Made or Done by the said General Court or
BOUNDARY LINE PAPERS. 351
Assembly, or in Council, the Governour of Our said Province or Ter-
ritory of the Massachusetts-Bay in New-England for the time being,
shall have the Negative Voice ; and that without his consent or Ap-
probation signified and declared in Writing, no such Orders, Laws,
Statutes, Ordinances, Elections, or other Acts of Government what-
soever, so to be Made, Passed or Done by the said General Assembly
or in Council, shall be of any Force, Effect or Validity ; Any thing
herein contained to the contrary in any wise notwithstanding. And
We do for Us, Our Heirs and Successors, Establish and ^aws to be
Ordain, that the said Orders, Laws, Statutes and Ordi- sent to England
' , , , ~ • cl L-i 1 . for the Royal
nances, be by the first opportunity after the making Approbation, if
thereof, sent or transmitted unto Us, Our Heirs and Sue- wUhin^'T'hTee
cessors, under the Publick Seal, to be appointed by Us, Yoxz^ umii^ye"
for Our or Their Approbation or Disallowance. And peaiedbytheAs-
that in case all or any of them shall at any time within ^^"^ ^'
the space of Three Years, next after the same shall have been Pre-
sented to Us, Our Heirs and Successors, in Our or Their Privy
Council, be Disallowed and Rejected, and so signified by Us, Our
Heirs and Successors, under Our or Their Sign Manual and Signet ;
or by Order in Our or Their Privy Council, unto the Governour for
the time being, then such and so many of them as shall be so Disal-
lowed and Rejected, shall thenceforth Cease and Determine, and be-
come utterly Void and of none Effect. Provided always, That in
case. We, Our Heirs or Successors, shall not within the term of
Three Years after the Presenting of such Orders, Laws, Statutes or
Ordinances as aforesaid, signifie Our or Their Disallowance of
the same, then the said Orders, Laws, Statutes or Ordinances,
shall be and Continue in full Force and Effect, according to the
true Intent and Meaning of the same, until the Expiration there-
of, or that the same shall be Repealed, by the General Assem-
bly of Our said Province for the time being. Provided also, That it
shall and may be Lawful for the said Governour and General Assem-
bly, to Make or Pass any Grant of Lands lying within the Bounds of
the Colonies formerly called the Colonies of the MassacJiusctts-Bayy
and Neiv-PlynioutJi, and Province of Maine, in such man- ^^^^ General
ner as heretofore they might have done by Virtue of any Court has Power
former Charter or Letters Patents ; which Grants of Grants of Land
Lands within the Bounds aforesaid, We do hereby Will %'Zutll!'or"hl
and Ordain to be and continue for ever of full Force and P/'.'vince of
_, Maine-
Effect, without Our further Approbation or Consent.
And so as nevertheless, and it is Our Royal Will and Pleasure, that
no Grant or Grants of any Lands lying or extending from the River
352 PROVINCE OF NEW HAMPSHIRE.
Grants of Land ^^ SagadaJiock to the Gulph of St Laurence and Canada
between Saga- Rivcvs, aiid to the Main Sea Northward and Eastward,
Laurence \'o to bc iTiadc Or past by the Governour and General As-
Approbl^io^."^^^ sembly of Our said Province, be of any force, validity or
effect, until We, Our Heirs and Successors, shall have
signified Our or Their Approbation of the same. And we do by
these Presents for Us, Our Heirs and Successors, Grant, Establish
The Govern- '^^^^ Ordain, that the Governour of Our said Province or
o"i" to Command Territory, for the time being, shall have full Power by
himself, or by any Chief Commander, or other Ofificer or
Officers, to be appointed by him from time to time, to Train, Instruct,
Exercise and Govern the Militia there ; and for the special Defence
and Safety of Our said Province or Territory, to Assemble in Martial
Array, and put in Warlike Posture the Inhabitants of Our said Prov-
ince or Territory, and to Lead and Conduct them, and with them to
Encounter, Expulse, Repel, Resist and Pursue by Force of Arms, as
well by Sea as by Land, within or without the Limits of Our said
Province or Territory, and also to kill, slay, destroy and conquer, by
all fitting ways, enterprizes and means whatsoever, all and every such
person and persons as shall at any time hereafter attempt or enter-
prize the destruction, invasion, detriment or annoyance of Our said
Province or Territory ; and to use and exercise the Law Martial in
time of actual War, Invasion or Rebellion, as occasion shall necessa-
rily require ; and also from time to time to Erect Forts, and to For-
tifie any Place or Places within Our said Province or Territory, and
the same to furnish with all necessary Ammunition, Provision and
Stores of War, for offence or defence., and to commit from time to
time, the Custody and Government of the same, to such person or
persons as to him shall seem meet ; and the said Forts and Fortifica-
tions to demolish at his pleasure, and to take and surprize by all ways
and means whatsoever, all and every such person or persons with
their Ships, Arms, Ammunition, and other Goods, as shall in a Hos-
tile manner Invade, or attempt the Invading, Conquering or Annoy-
ing of Our said Province or Territory. Provided always, and We do
by these Presents, for Us, Our Heirs and Successors, Grants, Estab-
No Persons to ^^^^ ^"^ Ordain, That the said Governour shall not at any
be Transported tluic hcrcaftcr, by Virtuc of any Power herebv granted,
ince without Or hcrcaftcr to be granted to him, Transport any of the
lem. """^ *^°"" Inhabitants of Our said Province or Territory, or oblige
them to March out of the Limits of the same without
their free and voluntary Consent, or the Consent of the Great and
General Court or Assembly of Our said Province or Territory ; nor
grant Commissions for Exercising the Law Martial upon any the In-
BOUNDARY LINE PAPERS. 353
habitants of Our said Province or Territory, without the Advice and
Consent of the Council or Assistants of the same. Pro- ^,, , ^,
1 he Law Mar-
vided \n hke manner, and We do by these Presents, for tiainottobe ex-
Us, Our Heirs and Successors, Constitute and Ordain, inhalitamwith^
That when and as often as the Governour of Our said of'the'coMdi!"'
Province for the time being, shall happen to dye, or be
displaced by Us, Our Heirs or Successors, or be absent from his
Government ; that then and in any of the said Cases, the Lieutenant
or Deputy Governour of Our said Province, for the time being, shall
have full Power and Authority, to do and execute all and every such
acts, matters and things, which Our Governour of Our said Province,
for the time being, might or could by Virtue of these Our Letters
Patents lawfully do or execute, if he were personally present, until the
return of the Governour so absent, or Arrival or Consti- , , ,
" In the absence
tution of such other Governour as shall or may be ap- of the Covem-
pointed by Us, Our Heirs or Successors in his stead: cwern o u r^''"t'o
And that when and as often as the Governour, and Lieu- Power!''^ ^"""^
tenant or Deputy Governour of Our said Province or Ter-
ritory, for the time being, shall happen to dye, or be displaced by Us,
Our Heirs or Successors, or be absent from Our said Province ; and
that there shall be no person within the said Province, Comraission-
ated by Us, Our Heirs or Successors to be Governour within the
same ; then and in every of the said Cases, the Council , .1 1
' . r /^ • ^" '"^ absence
or Assistants of Our said Province shall have full Power of both the Gov-
and Authority, and We do hereby give and grant unto Governour, ^^"he
the said Council or Assistants of our said Province, for coli°ncr'to°have
the time being, or the major part of them, full Power and ^^^" Power.
Authority to do and execute all and every such acts, matters and
things which the said Governour, or Lieutenant or Deputy Govern-
our of Our said Province or Territory, for the time being, might or
could lawfully do or exercise, if they or either of them were person-
ally present, until the return of the Governour, or Lieutenant or
Deputy Governour so absent, or Arrival or Constitution of such other
Governour, or Lieutenant or Deputy Governour, as shall and may be
appointed by Us, Our Heirs or Successors from time to time. Pro-
vidcd ahvays^ and it is hereby Declared, that nothing herein shall
extend or be taken to erect, or grant, or allow the exercise of any
Admiral Court, Jurisdiction, Power or Authority, but that ., • , r
.. _-' _ . _ " _ -J' Admiralty Ju-
r e-
the same shall be, and is hereby reserved to Us and Our risdiction'
Successors, and shall from time to time be erected, grant- ^""^^ '
ed and exercised by Virtue of Commissions to be issued under the
Great Seal of England, or under the Seal of the High Admiral, or
the Commissioners for Executing: the Office of Hisfh Admiral of
354 PROVINCE OF NEW HAMPSHIRE.
England. And further, Our express Will and Pleasure is, and We
do by these Presents, for Us, Our Heirs and Successors, Ordain
and Appoint that these Our Letters Patents shall not in any manner
^^ „ . , Enure, or be taken to abridge, barr or hinder any of Our
The Trade oi , . r- i • i i • ,
Fishing not to be loviug bubjects whatsoevcr, to use and exercise the
^ " ° ■ Trade of Fishing upon the Coasts of Nezv-E^igland^ but
that they and every of them shall have full and free Power and Lib-
erty to continue and use their said Trade of Fishing upon the said
Coasts, in any of the Seas thereunto adjoyning, or any Arms of the
said Seas or Salt-water Rivers where they have been wont to Fish ;
and to build and set upon the Lands within Our said Province or
Colony, lying waste, and not then possess'd by particular Proprietors,
such Wharffs, Stages and Work-houses, as shall be necessary for the
Salting, Drying, Keeping and Packing of their Fish, to be taken or
gotten upon that Coast ; and to cut down and take such Trees and
other Materials there growing, or being upon any Parts or Places ly-
ing waste, and not then in possession of particular Proprietors, as
shall be needful for that purpose, and for all other necessary ease-
ments, helps and advantages concerning the Trade of Fishing there,
in such manner and form as they have been heretofore at any time
accustomed to do, without making any wilful waste or spoil ; any
thing in these Presents contained to the contrary notwithstanding.
Trees fit for ^"^^ Lastly, for the better providing and furnishing of
Masts not grow- Masts for Our Royal Navy, We do hereby reserve to Us,
Soil granted "to Our Hcirs and Successors, all Trees of the Diameter of
sons"to"be^pr'e- Twcnty Four Inches, and upwards of Twelve Inches from
served. the gTOund, growing upon any Soil or Tract of Land
within Our said Province or Territory, not heretofore granted to any
private Persons : And We do restrain and forbid all Persons whatso-
ever from Felling, Cutting or Destroying any such Trees without the
Royal License of Us, Our Heirs and Successors, first had and ob-
tained ; upon Penalty of Forfeiting One Hitndred Pounds Sterling
unto Us, Our Heirs and Successors, for every such Tree so Felled,
Cut or Destroyed, without such License had & obtained in that be-
half : Any thing in these Pi:esents contained to the contrary in any
wise notwithstanding. In witness whereof. We have caused these
Our Letters to be made Patents. Witness Our Selves at Westminster.,
the Seventh Day of October, in the Third Year of Our Reign.
By Writ of Privy Seal. PIGOT.
A true Copy from the Original Examined '^
J Willard Sec'ry.
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BOUNDARY LINE PAPERS. 355
170. Then the Mass : Agents Moved That a Copy of a Plan At-
tested & Ccrtifyed by the See'ry of Neiu Ha})ipshire as ffiled in his
Office luhieh zvas Endorsed " Province Bounds returned 2'^Jnly 1696.
W"^ Re dford Deputy Secry'' might be rec'ed as Evidence, But the
Court were of Opinion that the same ought not to be rec'ed as Evi-
dence & thereupon the Mass : Agents Moved that they might have
lib'ty to Protest ag^ the Courts not receiving the s^ Copy zuhich they
zvere Alloived to do, & the Court Ordered the Copy to be returned
to the s'^ Agents & the Clerks to Certify upon the back thereof the
Courts Opinion on the same
The Com'ee of New Hampshire then entred a Protest ag' the
Comm''* receiving the Judgm^ & Settlem' of the Boundary Lines be-
tween the Colony of the Mass : Bay & M"" Gorges of King Charles
the 2^ in 1677. & also ag^ receiving the Convey'ce from the Council
of New England to M"" Mason in regard they related to the time of
the Mass : Old Ch'er before it was Vacated, & ag' all other papers
which related to the time of the old Ch'er Esp'ially since the Comm'^
disallowed the Report of the Atfy & Sol"" Gen'^ to the Lords of Trade
relating to this Dispute being read as Evidence — All which they
Excepted against
[The above mentioned protest is here given in full from the original
in Masonian Papers, Vol. 4, p. 146.]
The Province of New Hamp"" by their Comittee In Open Court
beg Leave to Except & Protest Ags' the Courts Receiving as Evi-
dence any Deeds Charters or other papers that related to the time of
the ?klassachusetts old Charter & Could not as New Hamp"" Concieve
opperate in the Case but only Clogg & retard the Same Such as the
Settlem' In King Charles the 2^ Time between the Massachusetts &
Mason & Gorges & the Conveyance of the Council of Plumouth to
Mason &C''' the Severall Indian Deeds Waldron & Wears Depositions
Sc"^ all those Papers haveing no relation to the New Charter but was
Transacted under the old Charter before it was Vacated & Annihil-
lated & therefore unreasonable to be offred Now, Especially Since the
Court Disallowd New Hamp"" the Bennifit of Putting into the Case
the Report of his Maj'y Attorny & Solicitor Gen^^ to the right Hon^^^
the Lords Comissioners for Trade & plantations relating to this Very
Dispute all which we Apprehend an Injury Don his Maj^^ Province
of New Hamp"" & therefore Except ags' the Same —
Theod"" Atkinson \ \ ^ r- t^^
of y" Com'"
356 PROVINCE OF NEW HAMPSHIRE.
Adjournment to Monday next
29 Aug' 1737 — 172 — The Mass : Agents Produced in Evidence
Attested Copys of 2 Dep'cons, one of Rich'' Walderne, & the other
of Peter Weare, taken in 1665. before the Gov"" & Magistrates of the
Mass: — An Indian Deed to Jonathan Tyng of loOcf 1685 — Deed
from Sundry Indians to John Wheelwright & Others dat 17 May
1629 — Another Deed from 2 Indians to Jon^ Tyng dat 22 Dec"" 1683
— Grant from Gov"" Shute to the Town of Chester dat 8 May 1722 —
And the Evidence of 2 "^sons taken 7 May 1665 properly attested
were read & ord^ to be rec'ed
Affid' Rich'' Waldron Sworn 3^ May 1665, before the Gov^ & Mag-
istrates of the Mass : at a Gen" Court at Boston
That ab' 30 years since Dep* having some Commerce or Trade
with the Indians at Piscataqua & many Others both of Pancatucke &
Winnipisiokee Dep' enquired, What they called the River at Penni-
cook, they said it was Merrimack ; & Dep' enquiring why there were
other names to that River, was told, such names referred to the
places of Land where Indians lived on the River, not the River itself,
but the river beareth the name of Merrimack not only in that branch
which runneth from Winnipisiokee, but in the other Branch which
runneth more Westerly — That about 6 years since Dep' being sent
for by Passaronaway & sev" other Sagamores where there was a
great many Indians at Pennicook & being then at the ff ort which was
by the river side & enquiring concerning the name of the River rec'ed
the same Ans"" as is above exprest
Dep'con Peter Weare Sworn at the same time
That Dep' having often travelled the Country & always with some
of the Native Indians It was from time to time Afifirmed to Dep*
That the Lake called Winnipisiokee issued into Merrimack River —
That Dep' being with some Indians upon the Northside of the s*^
Lake on a great Mountain saw the s^ Lake which the Indians Af-
firmed issued into the s'' river having this Report by them for 27
years.
Deed of Sale from the Indians to Jonathan Tyng —
10 Ocf 1685 — 173 to 175 — By this Deed Wanalansit (the only
Surviving Son of Passoronoway who was the Great & Chief Sachem
upon Merrimack River to whom the rest of the Indians paid Tribute)
In cons : of 70^ tog'er with sev" other Charges expended on & Gifts
& Kindnesses shown him by Jon^ Tyng of Dunstable on Merrimack
River in the Mass : Colony absolutely Conveyed to the s'^ Tyng his
Heirs & Assigns for ever
BOUNDARY LINE PAPERS. 357
" One Tract of Land situate lying & being on the s^ Merrimack
" Rive) & to lye full 6 English miles on each side of s'^ river the s''
" river lying in the Center of it, to begin at a place commonly called
" by the Indians Pciviicook & commonly known by the English by
" that name to begin on said River 3 miles up tJie river beyond that
'■^ place in Peiniicook where the old Indian ffort now standeth, & so to
" ascend ;// s^ river iintill yon conic to the Great Pond, which Pond is
" full of small Islands, which Pond is the utmost Northw'^ to which
" Major Simon Willard Esq' went with his C" when sent by the Gen"
" Court up s^ river on Discovery "
Habexd the s^ Tract of Land with all the Islands in s"^ river with
all the Rivulets on each side s'' river from 6 miles wide on each side
s'' river from end to end, To s'^ Tyng his Heirs & Assigns for ever
With Cov'^ of a Good Title — of Warranty — & of Quiet Enjoym*^
— Which Deed was 27 Ocf 1685. duly Acknowledged, & Recorded
10 Nov 1686.
Deed from Sundry Indians to W^heelwright & Others * —
17 May 1629. By this Deed the Sagamores of Pennicook Pan-
tuckett Squamscutt & Newichwannock (for a competent val in Goods
already rec'ed in Coats Shirts & Victuals & that they might have the
English Inhabit among 'em to strengthen 'em ag^ their Enemies)
Grant & Confirm to John Wheelwright of the Mass : Bay a Minister
of the Gospell & 4 Others all of the Mass : Bay their Heirs and As-
signs for ever
176 to 182 "All that Part of the Main Land bounded by the
'■'• River of Piscataqiia, & the river of Mein'irnack Viz* to begin at
" Newichwannock ffalls in Piscataqua River af"" & so down s'^ river to
" the Sea & so along the Sea Shoar to Merrimack river & so up along
" s^ river to the ffalls at Pantnckett af^ & so from s^ Pantuckett ffalls
" upon a North West Line 20 English miles into the Woods & from
" thence to run upon a Streight Line North East & South West till
"it meet with the Main Rivers that run down to Pantuckett ffalls &
" Newichwannock ffalls & the s^ river to be the Bounds of the s^
" Land from the thwart Line or Head Line to the af'^ ffalls the Main
" Channell of cacJi River from Pautuckett & Newichwannock ffalls to
"the Main Sea to be the Side bounds, & the Main Sea between Pis-
" cataqua River & Merrimack River to be the lower Bounds To-
" gether with all Islands within s'' Bounds As also the Isles of Shoals
" so called by the English with the appurts "
And the s'^ Wheelwright & Company thereby Cov' to begin a
Plant" at Squamscutt ffalls in Piscataqua River, to be under the Gov*
* Printed State Papers. Vol. i. pp. 56-60.
358 PROVINCE OF NEW HAMPSHIRE.
of the Colony of the Mass : their Neighbours & to Observe their
Laws & Orders untill they had a Settled Gov' among themselves
And the same day the s^ Wheelwright was put in poss'ion of the
af'' Lands
Another Deed of Sale from the Indians to Tyng —
[In place of the abstract here entered, this document is given in full
from Masonian Papers, Vol. 4, p. 148.]
To ALL PEOPLE to whom these Presents Shall Come Greeting
Know ye, That Joseph Trask and Mattanumin, both of them Indi-
ans, and Commonly Called by such names as aforesaid Inhabitants at
Weymesit, and Upward upon Merrimack River, for and in Consider-
ation of Several Kindnesses Shewed to them in Paying Voluntarily
Several Sums of money for them, to Persons to whom they were
Obliged and Indebted, as also Several Sums of money that they and
each of them have freely Received themselves of M"" Jonathan Tyng
of Dunstable by which they do hereby Acknowledge themselves
much Obliged to the said Jonathan Tyng, Have Given and Granted,
and by these Presents Do fully freely Clearly and Absolutely Give
Grant Alien Enfeoffe and Confirm to M'' Jonathan Tyng aforesaid
and to his Heirs and Assigns forever, A Certain Tract of Land
Situate and Lying on Merimack River, on the West Side of it, and
on the North side of Soughegonock River and Bounded by the said
Soughegonock River Southward, it begins at Merimack River, and
runs up the said Soughegonock River near Four Miles upon a Com-
mon Line, which Extended near One Quarter of a Mile above As-
queanunckon Brook, to an Island of Upland Compassed about with a
Slip of Meadow, where are Several trees marked and Bounded with
T : from thence it runs North, Twenty Degrees Westward or near
the Northwest and by North, to the full End of Ten English Miles
from the aforesaid Soughegonock River, and from thence to run
North Seventy and Three Degrees East, until you come to Meri-
mack River and so Bounded by Merrimack River Easterly To Have
AND TO Hold the abovesaid Tract of Land according to the full
Extent of the Bounds thereof as aforesaid, with all the Priviledges
and appurtenances to the same Appertaining, or in any wise belong-
ing to him the said Jonathan Tyng and to his Heirs and Assigns for-
ever, to his and their only Proper Use and Behoof (Excepting only
and it is hereby Covenanted and Concluded That the said Joseph
Trask and Wattanumin and their Heirs forever Shall and may at all
times, and from time to time forever hereafter have free Liberty upon
the Said Land of Fishing upon any Part of Merimack River by the
BOUNDARY LINE PAPERS. 359
Side of the said Tract of Land the abovesaid Covenant Notwithstand-
ing, And further the said Joseph Trask and Wattanumin for them-
selves their Heirs and Administrators Do Covenant Promise and
Grant to and with the said Jonathan Tyng his Heirs and assigns by
these Presents That they the said Joseph and Wattanumin are the
Proper Owners of the said Tract of Land, and that they in them-
selves have good Right full Power, and Lawful Authority the said
Tract of Land to Give, Grant and Confirm to the said Jonathan
Tyng and to his Heirs and Assigns forever, And that the said Jona-
than Tyng his Heirs and Assigns forever Shall and may at all times
and from time To time forever hereafter Quietly and Peaceably
Have Hold Occupy Possess and Enjoy the same with all the Priv-
iledges and Appurtenances thereof as abovesaid, with out the Lawful
Let Hinderance Eviction, Expulsion, Suit or Denial of them the said
Joseph and Wattanummin their Heirs Executors Administrators or
Assigns of them or of either of them or of any other Person or Per-
sons wdiatsoever Lawfully Claiming or having any Right Title or In-
terest therein or thereunto by from or under them or either of them,
or by any other Lawful Ways and Means whatsoever In Witness
whereof the said Joseph Trask and Wattanummin have Affixed their
Hands and Seals hereunto this Twenty Second Day of December in
the Year of Our Lord God One Thousand Six Hundred Eighty and
three, and in the Thirty and first Year of the Reign of our Sover-
eign Lord King Charles the Second. —
his Mark and Seal
Signed Sealed Wattanummin X Indian [Seal]
and Delivered in the ^ his Mark andSeai
Presence of. J^^^P^^ X ^^^^^ t^^^al]
his Mark his Mark
John — Line. John X Thomas
Little 'J\/\/\ James Fox his Mark
Jonathan Danforth Sen"" Joseph Traske and Wattanum-
Thomas Hinchman min Indians Acknowledged this
John Fiske Instrument to be their Act and
Jonathan Danforth jun"" Deed December 25*'' 1683/
Joseph Foster. Before Peter Bulkley Assiss*
Entred in the Register at Cambridge Lib° 9, Page 23, 24 — 17. 3.
1684. by Tho: Danforth R
Entred and Recorded According to the Original this 10''' Day of
November. 1686/
A true Copy as of Record P^xamined '^
J Willard Sec'ry.
360 PROVINCE OF NEW HAMPSHIRE.
Grant from Gov"" Shute to the Town of Chester.
[In place of the abstract here entered, this charter is given in full
from Masonian Papers, Vol. 4, p. 149.]
George by the Grace of God of Great Britain France and Ireland
King Defender of the faith &C'^ To all People to whom these pres-
ents shall come Greeting. Know yee that We of our especial
knowledge and mere motion, for the due encouragement of settling a
new plantation by and with the Advice & Consent of our Council,
have given and Granted and by these presents (as far as in Us lies)
do give and grant in Equal shares unto sundry of our beloved sub-
jects, whose names are entered in a Schedule hereunto annexed that
Inhabit or shall inhabit within the said grant within our Province of
New Hampshire, all that tract of land, within the following bounds —
(viz') To begin at Exeter southerly corner bounds, and from thence
run upon a west & by north point two miles along Kingston notherly
line to Kingston north Corner bounds, then upon a south point three
miles along Kingston head line to Kingston south corner bounds &
from thence upon a west north west point, ten miles into the Coun-
try ; then to begin again, at the aforesaid Exeter southerly corner
bounds, and run seven miles upon Exeter head line, upon a north
east point, half a point more notherly, then fourteen miles into the
Country upon a west north west point to the River Merriviack and
from thence upon a streight line to the end of the aforesaid ten miles
line, and that the same be a Town corporate by the name of Ches-
ter, to the Persons aforesaid forever, to have and to hold the said
land to the Grantees and their heirs & Assigns forever & to such
associates as they shall admit, upon the following conditions. —
1. That Every Proprietor build a dwelling house within three
years, and settle a family therein, and break up three acres of Ground,
and plant or sow the same within four years, and pay his proportion
of the Town charge when and so often as occasion shall require the
same —
2. That a Meeting house be built for the publick worship of God
within the said term of four years. —
3. — That upon default of any particular Proprietor in complying
with the Conditions of this Charter upon his part, such Delinquent
Proprietor shall forfeit his share, to the other Proprietors which Shall
be disposed of according to the Major vote of the said Commoners,
at a legal meeting. —
4. — That a Proprietors Share be reserved, for a Parsonage another
for the first Minister of the Gospel, another for the benefit of a
School. —
BOUXDARV LINE PAPERS. 361
Provided nevertheless that the peace with the Indians continue
dureing the aforesaid term of three years, but if it Should so happen
that a war with the Indians should Commence, before the Expiration
of the aforesaid term of three years ; The aforesaid term of three
years Shall be allowed to the Proprietors after the Expiration of the
war, for the jjcrformance of the aforesaid conditions Rendering and
paying" therefor to us our heirs and successors, or such other, ofificer
or Officers as Shall be appointed to receive the same, the Annual
quit rent or Acknowlegement of one pound of Good Merchantable
hemp in the said Town, on the twentieth of December yearly for-
ever. Reserving also unto us our heirs and successors all Mast trees
growing on Said land according to Acts of Parliament in that behalf
made & provided And for the better order rule and Government of
the said Town, We do by these presents Grant for us our heirs &
Successors unto the Said Men and Inhabitants or those that Shall
inhabit the said Town— That yearly & Every year upon the last
thursday in March forever they shall meet to Elect and Chuse by the
Major part of them Constables select men and all other Town Offi-
cers according to the laws and usage of our aforesaid province for the
year Ensuing with such power privileges & authoritys as other Town
officers within our aforesaid Province have and Enjoy — In Witness
whereof, We have Caused the Seal of Our Said province to be here-
unto Annexed Witness Samuel Shute Esq"" our Governour & Com-
mander In Chief of Our Said Province at our Town of Portsmouth
the Eighth day of May in the Eighth year of Our Reign Annoq
Domini 1722. — Sam" Shute
By His Excellency's Command with the advice of the Council
Rich^ Waldron Cler: Con:
Copy Rich^ Waldron Sec'>'
(Loc: Sig)
Dep'cons Simon Willard & Edw'^' Johnson sworn 17 May 1665. be-
fore the Gov"" & Magistrates at Boston & Attested by the Keeper of
the Province Records
189 190 That Dep' being Appointed by the Gen" Court of the
Mass : in 1652. to lay out the Northern Line of their Patent & being
then called on to give Testimony of what they did therein They Said
they Covenanted with 2 Indians (well acquainted with Merrimack
River & the Great Lake having been born & bred there & lived there
all their days & as Intelligent as any in those Parts) to lead Dep'"" up
Merrimack River so far as the River was Merrimack River — That
when Dep''' came ab* 60 miles short of the Great Lake there came
362 PROVINCE OF NEW HAMPSHIRE.
2 rivers into one, one from the Westw^ of the North, & the other
from the Northw'' of the East, but the Westerly River seemed
bigger than the other — That Dep'"" taking notice of both Rivers &
knowing they must make use of but one called the Indians to Inform
them which was Merrimack River, their Ans*" was, the river which
was next to Dep'^ that came from the Easterly Point, Which River
Dep'* followed to the Lake
To All which Deeds & Affid'^ the New Hampshire Com'ee Ex-
cepted & Protested ag* the receiving the same as they were all
transactions under the Old Ch'er — Which they were allowed to do
The New Hampshire written Evidence
How can the New Hampshire Agents reconcile this with their
Obj'on to our reading anything as Evidence under the old Charter ?
[Marginal note.]
Then the New Hampshire Com'ee offered for Evidence a Declara-
tion of the right of the C° of the Mass : Bay which was Ordered to
be rec'ed & read
[In place of the abstract here given, this document is given in full
from Masonian Papers, Vol. 4, p. 150.]
A Brief Declaration of the Right and claim of the Governour and
Company of the Massachusetts Bay in New England to the Lands
now in their possession but pretended to by M"" Gorge & M"" Mason
together with an answer to their Several pleas and Complaints in
their Petitions exhibited, Humbly presented & submitted by the s"^
Governour and Company To the Kings most Excellent Ma'^ as their
defence
In the yeare of our Lord 1628. in the third year of his late Ma^^
Charles the first of happy memory several Loyal & piously disposed
Gent" obtained of the Great Council of New England A Grant of a
certain Tract of Land lying in New England, described and bounded
as therein expressed, which was in all respects fairly and openly pro-
cured, and with so good an intent of propagating the Gospel among
the Natives, and to advance the honour and dignity of his late Ma*^
of happy memory that they were bold to Supplicate his said Ma'^ to
superadd his Royal Confirmation thereto which accordingly in an
ample Royal Charter was passed, and remains under the broad seal
of England March the 4''' 1629. in the fourth year of his Ma'^^
Reign, with further addic'ons and enlargements well becoming so
Royal a Majesty and suteable for the Encouragem' of so hazardous
BOUNDARY LINE PAPERS. 363
and chargeable an adventure. In pursuance whereof Many of the s^
Patentees & other Adventurers transported themselves & Estates,
and setled in the most known and accommodable parts of those
Lands contained in the s"* Charter, neither time Estate nor power
suffering them speedily to survey the just extent of their Limits.
Not many years different in time several others also of his Ma'^^ sub-
jects obtained other Grants & made several settlements in the more
Northern & Easterne parts of the Countrey. With whom for several
yeares we had neighbourly Correspondence, being as they supposed
without the Limits of our Patent, amongst whom the present
Claimcrs & Petitioners were. These Grants, partly by reason of the
smallness of some of them, and partly by reason of the darke in-
volv'd & dubious expression of their Limits brought the Inhabitants
under many intanglem'^ and dissatisfactions among themselves,
Which (there being no setled authority to be applied to, being de-
serted and forsaken of all such as by virtue of s'^ Grants did claim
Jurisdiction over them, and had made a successless Essay for the
settlement of Government among them), proved of some continu-
ance, unto the great disquiet & disturbance of those his Maj'^^ Sub-
jects that were peaceable and well disposed amongst them, To rem-
edy which inconvenience they betook themselves to the way of
Combinations for Governm^, but by experience found it Ineffectual.
In this time, Ignorance of y^ Northerly running of Merrimack River
hindred our actual Claim and Extension of Government, Yet at
length being more fully setled, and having obtained further acquaint-
ance & correspondency with the Indians possessing y^ uppermost
parts of that River, encouraging an adventure, as also frequent Solli-
citations from y^ most considerable Inhabitants of those Eastern
parts earnestly desiring us to make proofe of and assert our Interest
We imployed the most approved Artists that could be obtained who
upon their Solemn Oaths made Returnes That upon their certain Ob-
servation Our Northern Patent Line did extend so far North as to
take in all those Towns and places which we now possess, which
when the Inhabitants as well as our selves were satisfied in (urged
also with the necessity of Government amongst them) they peaceably
and voluntarily submitted to y'' Governm^ of the Massachusetts Viz^
Dover, Squamscot and Portsmouth Anno 1641. Kittery, Yorke &
Wells Anno 1652 & 1653. From which times until the year 1662
when there was a small interruption by a Letter of M"" Gorge, and
afterwards in the year 1665. (when his Ma'-'^ Commissioners Colonel
Nichols & others came over) the Inhabitants of those parts lived well
Satisfied & uninterrupted under the Massachusetts Governm'. But
then the s'' Commissioners neither regarding y^ Massachusetts just
364 PROVINCE OF NEW HAMPSHIRE.
right, nor the Claims Of M"" Gorge and M"" Mason setled a new
forme of Government there, but this hardly outlived their departure,
the People impatient of innovac'ons & well experienced & satisfied
in their former settlem^ quickly and quietly returned 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, & Justifica-
c'on of our proceedings therein, and vindication of our selves from
the reproachful imputation of usurping authority over his Ma'>'^ sub-
jects in the Easterne parts pretended to, with other Scandals cast
upon us by the Petitioners We humbly present the following pleas
by way of demonstration, & Argue.
I — That our extension of Governm' to those Eastern parts
claimed, is agreeable to our indubitate Patent Right. Our Patent
according to the express termes therein contained ; without any ambi-
guity or colour of other Interpretation, lyes between two East &
West paralel Lines drawn from the most Southerly part of Charles
River, and the most Northerly part of Merrimack, with three miles
advantage upon each, which upon the observation of men of ap-
proved & undoubted truth upon Oath are found distant one degree &
49 minutes North Latitude being to extend in full Latitude and
breadth from Sea to Sea (ut in terminis) and therefore cannot be
bounded by many hundreds or infinite numbers of Lines as the River
of Merrimack maketh bends or angles in two hundred miles passage
from Winipoisekek Lake to the mouth thereof, which to imagine, as
it is irrational, So would it involve us and any borderer into so many
inextricable disputes as are by no wayes to be admitted by a Prince
Seeking his subjects peace. Besides were Such a Construction
allowable (which w^'' uttermost streining is) yet all favourable Inter-
pretation is to be afforded the Patentees by the gracious expression
of the Charter. Now according to the afore mentioned Observation
(so confirmed) all those Eastern Plantations challenged by our Oppo-
nents (ut Supra) are comprehended within our Northernly Line We
deny not but the Artists of their Selves, and if any question thence
arise We feare not to submit to Tryal to y'^ most exact & rigorous
Test that may be
The invincible Strength of this our first plea may further appear
by the consideration of the frivolous & insignificant Allegations of
the Petic'oners in opposition thereunto. Viz' i""' the nonextension of
our Line, or Assertion of our Right to those Eastern parts for some
years, ignorance as our Case was circumstanced, debarring no man
of his just right, neither can it reasonably be supposed that the exact
Survey of So large a Grant in So hideous a Wilderness possessed by
an Enemy, would be the worke Of a few yeares, our own poverty not
BOUNDARY LINE PAPERS. 365
affording means, & our weakness (allowing no deep Adventure into
the Country) permitting us not to view the favourable running of the
Ri\'er which none can imagine altered its course by our delay. We
ma}' as well be deprived of far more than we possess or ever Saw on
our western parts to the South Sea (which none will deny) because
we have not surveyed it or are soon like to be able, as be taken from
our Northern right So obvious to the meanest artist.
2'>' The possession house in Hampton of So little Significac'on
and so long Since disused that M'' Mason hath forgot the name there-
of, and calleth it bound house, erected to give the world to know
that we claimed considerably to y*^ Northward of our then Habita-
tions upon the Bay, though we 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 appertain, as to suppose the taking posses-
sion of part did debarr them of the remainder but the contrary. And
We challenge j\I'' Mason or any on his behalfe, promising our Records
shall be open to the most Scrutinous search to prove it either called
or intended according to his abuse thereof
3^'-" That notorious falshood of stretching our right to near four
hundred miles North and South more than formerly we were satisfied
w'^, our whole breadth being but one hundred 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 contain, Arising (we would charitably believe) partly from igno-
rance of the Coasting of the Countrey. M"" Mason acquainting by
the sea side, and we Suppose casting in the measure of every har-
bour and Cove to make up that Calculation, which lies much of it due
East, and not to the North but we fear malevolently suggested (as
many other things as of little Credit) to introduce into his Ma'^^ his
Royal breast a belief that we are unreasonable in our pretensions,
and So unworthy of his Ma'^'^ favour which we hope such unlawful
Endeavours will never be so prosperous as to obtain What may be
further added to this our first plea may be supplied from the Reasons
formerly presented. We urge
Secondly, The Invalidity of those Grants pretended to by the
Petitioners, which are of two sorts, i^' Such as beare date after ours
which we see no reason to feare any interruption from Secondly
Such as are pretended to beare date Before ours. Against which We
object that they are not authentick wanting a sufficient number of
Granters to make them So. None of them (as we presume will ap-
peare upon Tryal) having above Six hands and scales annexed to
them, the s^ Council of New England consisting of forty, and his
Ma*>'^ Grant to themi expresly requiring (as we are informed) seven at
366 PROVINCE OF NEW HAMPSHIRE.
the least to signe to make any valid act And indeed M"" Masons own
often unwearied renewal of his Grants in 162 1 sixteen hundred
twenty two, sixteen hundred twenty nine and 1635 (as he saith)
tacitly confesseth the same ; invalidity in the former putting him to
charge for the latter till at last he fell into such a Trade of obtaining
Grants that his last and most considerable, was six years after the
Grant of our Charter, from his Ma^>' and but three dayes before the
s^ Councils declaration of their absolute resolution to resign, and but
a few dayes before their actual Surrender, as he asserts. Which of what
value & consideration it is from the S*^ Council circumstanced under
a necessity of resignation of their great Charter procured rather by
the clamour of Such ill affected persons as the present Complainant
than by any true Accompt of dissettlement or ill management here,
is not difficult to judge. Hence it appears First how little Reason
M"" Mason hath to brand us with fraud or surreptitiousness in obtain-
ing our Charter; which hath most shew of Fraud and surreptitious
procuration, a sufficient number of those hon^^^ persons subscribing
ours, & fewer his pretended antidated Grants, is easie to determine.
In which assertion is to be observed the high reflection cast upon the
Members of his late Ma'^ and Ministers of State, groundlesly ren-
dring the Councils Seal yea the great seal of England exposed to fraud,
and deceitful clandestine practices. Yea upon his present Ma'^, in-
sinuating himselfe better acquainted with matters of State than he
who allows and confirmes our Grant as authentick by his gracious
Letter of sixteen hundred sixty two which intolerable boldness how
unbecoming, (not to say more) in a Subject it is not easie for us to
Say, To all which We may add S"" Ferdinando Gorges Application to
the authority here to interpose in his affair. Which he, being one of
the great Council, would have been far from acknowledging, had M""
Masons allegations been founded upon Truth. Secondly That Arti-
cles of Charge depending upon such illegal and post dated Grants
cannot take place against us were their Disburse as great as it is
affirmed Which by Eye witnesses upon the place and stil living are
proved comparitively very inconsiderable. 3'>' We affirme That the
whole managem* of the affair respecting our Goverm^ of those East-
ern parts, was in an orderly and peaceable way, and not without y^
reiterated and earnest sollicitation of most of the People there inhab-
iting, Sufficiently appearing by their Several Petitions, And we chal-
lenge M"" Gorge and M"" Mason by any living Evidence or Record to
shew any signe of a forceable Entrance Some Magistrates upon y*
clearing of our right to them, and acceptance of the tender of them-
selves to us, being sent thither without any other force than each of
them a servant to attend them Indeed Some years after Cap' Boni-
BOUNDARY LINE PAPERS. 36/
ton for mutinous carriage was seized & brought to Justice, concern-
ing which & many other cases many Inhabitants yet living, and Eye
Witnesses can give in the most impartial Evidences — 4'y We offer to
Consideration that the deserted and ungovern'd state of the People
of those places, had we not had that Patent Right So clearly evinced,
might warrant our acc'ons Especially considering the Obligation upon
us to secure his Ma'>'* honour and maintain y^ publick peace So haz-
arded by the total want of Government amongst them — Our first
Exercize of Jurisdiction being in the year 1641 eight year after Cap*^
Neale Agent for M'' Mason had wholy deserted the improvem' of
Land and the Governm^ of y" Country, which, indeed, he never used
but one year for in the year 1630. he first came over and in the year
1634. he quitted the place and in the interim neglected the Same in
making a Voyage for England, the short time of his tarriance not
admitting of settlem' of Government or improvem' We may hereto
subjoin that M"" Joseph Mason Agent for M""^ 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
& elsewhere And That S"" Ferdinando Gorges his Grant being So
mean & uncertainly bounded that he knew not well how to find, much
less to improve it to considerable advantage, by his Letter bearing
date doth devolve the whole charge, and care of his pre-
tended Province upon the authority here established, Lastly. That
the Exercise of Jurisdiction in those Eastern parts hath been and is
his Ma'^"^ honour, the peoples great benefit, and our Charge without
profit, which had it not been ; the ruine of those parts would have un-
avoidably ensued in y^ want of all Government, and their Seizure by
the French, who ever waited a fit opportunity for the same. They have
part of them for thirtyjfive yeares and others twenty yeares (Some
small interruption intervening, producing the stronger inclination &
resolution in them to be constant to his Ma'>'^ authority here) lived
under the Governm' of the Massachusets ; a quiet, well ordered &
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 fair, glowing promises as M"" Mason hath made &
published, as it were determining the Case before Tryal by his late
Letters to the Inhabitants in those parts And that our Governm' in
those places have been no gain is So unquestionable a Truth that never
was any Levy laid upon them for the Supply of the publick Treasury,
tho much hath been and is further like to be expended for their
Security, who otherwise will inevitably become an easie prey to the
heathen now in hostility with us, and at this present time rageing in
those parts.
368 PROVINCE OF NEW HAMPSHIRE.
The beforewritten is a true Copy transcribed from the Records of
the General Court of the late Colony of the Massachusetts Bay, held
by the Governour & Company of the s"^ Colony, at Boston the 6''^ of
September 1676.
Exam'^ ^ Is^ Addington Sec'ry./
201. The New Hampshire Com'ee then Produced the Order in
Council for the Atfy & SoF Gen^^ to Prepare a Draught of this pres-
ent Comm'on for Settling the Bounds between the 2 Provinces,
Which was rec'ed & read & as is follows
Order in Council *'
9 Feb'ry 1736 — By Order in Council of this date reciting the
Reports of the Lords of the Com'ee of 4 same Month Whereby their
Lopps Propose sev'^ Directions as proper to be incerted in the pres-
ent Comm'on (Which are accordingly incerted therein, & to the end
that all "^ties might be prepared to proceed before the Comm""^ at
their first Meeting Their Lopps Proposed That L'res might be wrote
by the Board of Trade to the Gov* of the Mass : Bay & New HamjD-
shire to recommend to the resp'ive Councils & Assemblys of the s'^
Provinces to Appoint 2 of their Publick Officers residing in the s^
Province on either of whom any Summons's or Notices might be
served, the names & places of abode of such Officers to be sent to
such Comm''^ at their i^' Meeting with a full State of their Demands
Describing where & in w' places the Boundaries on the Southern &
Northern part of New Hampshire ought to begin & w' Courses &
how far the same ought to run resp'ively, & to acquaint them that in
case they omitted so to do the Comm''^ were EmjDOwered to proceed
Ex"^te — The Atfy & Sol"" Gen^^ were Ordered to Prepare & Lay
before his Ma'tie a Draught of a Comm'on with the sev" Clauses
ment^ in the s'^ Report & such others as might be necessary in a
Comm'on of this m're & might tend to the better carrying his
Ma'ties Intention into Execution, & such L'res were likewise
Ordered to be sent by the Board of Trade.
208 — The New Hampshire Com'ee also Produced a Copy of the
Opinion of the Att>-y & SoP Gen^' (M-- Willes & M"" Ryder) taken
from the Plant" Office referring to the Commencem' of one of the
Boundary Lines between the 2 Provinces Which they Prayed might
be rec'ed & read & Entred, & the same was read but the Mass:
Agents Excepted thereto, & after hearing argum'^ on both sides the
Court deferred the cons : thereof till the next morning
* Given in full at the beginning of these proceedings, p. 277.
BOUNDARY LINE PAPERS. 369
{Report of Willis and Rydci\ 1735/6.]
[Mss. Prov. Boundaries, p. 8i.]
To the Right Hon'''"' the Lords Commiss"" for Trade & Plantations
May it Please your Lordships
In obedience to Lordships commands Signified to us by m"" Popples
letter of the 8'"' march 1733 and the 5 Jan"" last, wee have considered
the Question which you was pleased to propose to us —
From what Part of Merryraack River the three Miles from whence
the dividing lines Between the Provinces of Newhampshire and the
Province of the Massachusets l^ay is to begin, ought to be taken ac-
cording to the intent of the Charter of W'" & Mary
And wee have been Several times attended by the Council and
agents of Both Provinces —
The Council for Newhampshire offered Several arguments to prove,
the dividing line ought to be taken from three Miles North of the
mouth of Merrymack River.
The Council for the Massachusets Bay, would not Say what it was
they insisted on, or give any answers to what had been urged by the
Council of the other Side, But declared that in their opinion the
question which was propos'd to us would not Determine the Matter
in Dispute and therefore they tho^ it unnecessary to Say any thing
upon it
Whither this be So or not, wee are not able to Judge. But as to
the question which is refer'd to us —
Wee are of opinion
That the dividing lines Between the Provinces of Newhampshire
and the Province of the Massachusets Bay, is to be taken according
to the intent of the Charter of W™ & Mary, from three Miles North
of the Mouth of Merrymack River where it runs into the Atlantick
Ocean —
Which is humbly Submitted to your Lordships
18 March 1735/ J Willis
Copia — D : Ryder
30 Aug' 1737 — When they Ord'^ that the Paper containing the
Op'ion as entred yesterday sho'^ lye on the Table for further cons :
They then Produced a Copy of a Writt & Judgm' of the Sup'ior
Court of Judicature of the Massachusets Which were read & are to
the foil effect Viz'
370 PROVINCE OF NEW HAMPSHIRE.
[In place of the abstract here entered, this document is given in full
from Masonian Papers, Vol. 4, p. 151.]
Essex ss
[Seal] George the second by the Grace of God of Great Brit-
ain France & Ireland King- Defender of the Faith &c —
To the Sheriff of our County of Essex |
his Under Sheriff or Deputy Greeting \
We Command you that you summon James Adams of Haverhill in
our County of Essex Husbandman (if he may be found in your Pre-
cinct) to appear before our Justices of our Infer"" Court of Common
pleas next to be holden at Salem within & for our s'' County of
Essex on the second Tuesday of July next then & there in our s^
Court to answer unto Thomas Carlton of Bradford in our said County
of Essex Millwright In a plea of Trespass & Ejectm* for that the
Def'hath Entred into and unjustly withholds from the p? the Possession
of a Tract of Land lying in Haverhill afores^ Containing by Estima-
tion One hundred and eighty Acres & bounded as followeth viz* by
a white Oak tree marked with A : J : standing in the Town Line
& from thence running East One mile to a small white Oak Tree
Marked with A : J : from thence running North Ninety poles to a
white Oak Marked with J : C : from thence running West to a Black
Oak marked J : C : standing in the Town Line from thence running
in the s'^ Town Line ninety poles to the Boundary first mentioned.
For that Whereas the pi' and Ebenezer Carlton and Aaron Carlton,
Benjamin Carlton, Nehemiah Carlton, Nath' Carlton, Eliz* Carlton
Jun"" & Abigail Carlton Jun"" Daniel Jaques jun% & Hannah his Wife
in right of his s*^ Wife on the fourteenth Day of January Anno Dom-
ini seventeen hundred & sixteen were seized of the s"^ Premisses In
their Demesne as of Fee taking the Profits thereof to the Value of
Twenty Shillings 1? Ann^ And on the twelfth Day of September
Anno Dom~ seventeen hundred and twenty seven the s^ Daniel
Jaques And Hannah his Wife in Right of the s^ Hannah being
seized as afores'^ by their Deed of that Date in Court to be produced
conveyed their Share therein to the s'^ Ebenezer & his heirs and
afterwards on the thirteenth Day of February Anno Dom seventeen
hundred & twenty seven the s'^ Benjamin, Nehemiah, Nathaniel, Eliz-
abeth, & Abigail being seized as afores'^ by their Deed of that Date
in Court to be produced conveyed their Share thereof to the s'^ Ebe-
nezer & his Heirs & afterwards on the twenty third Day of May
Anno Dom~ Seventeen hundred & thirty one the s'^ Aaron being
seized as afores"^ by his Deed of that Date in Court to be produced
conveyed his Share in the said Premisses to the s'' Ebenezer & his
BOUNDARY LINE PAPERS. 3/1
heirs and afterwards on the seventeen Day of June Anno Dom~
seventeen hundred & thirty one the s'' Ebenezer being seized in his
Demesne as of Fee of his part of the s'^ Premisses and of the several
Shares by him purchased as afores"* by his Deed of that Date in
Court to be produced Conveyed the same to the pi' & his heirs who
thereupon hath good right to the Premisses afores'^ & ought to be in
the Possession thereof Yet the Def* has Entred into the same and
unjustly holds the pi' out to the Damage of the s'* Thomas Carlton
(as he saith) the Sum of two hundred Pounds which shall then and
there be made to appear with other due damages & have you there
this Writ with your Doings therein Witness John Appleton Esq'' at
Salem the seventh Day of June in the sixth Year of our Reign
Annoq Domini 1733.
Mitchel Sewall Cler
a^ Adams appeared at the s'^ Court & for plea says that this Court
can have no Cognizance of the Cause & Matters herein Contained
for that the Lands are in another Province Viz' the Province of New
Hampshire & therefore not triable here which plea if adjudged
against the Def he prays the matter may be continued over to the
next Court in order to vouch in One James M'^Neal of whom the
Def purchased
The Def saving his pleas as on File pleads not Guilty in Manner &
Form and of this puts himself on the Country.
R: Auchmuty ^^ Def
Endorsed/ Thomas Carlton Bollan Att>' "^ Ouer'
Essex ss Haverhill June y^ twenty second Day 1733 —
By Vertue of this Summons I have summoned the within named
James Adams to appear at Time & Place within mentioned by leav-
ing Attested Copy of this Summons at his place of Abode with his
Daughter Nath' Peaslee Und. Sheriff
A true Copy Attest Mitchel Sewall Cler
A true Copy Exam'^ ^ Benj-'' Rolfe Cler
[In place of the abstract here entered, this document is given in full
from Masonian Papers, Vol. 4, p. 152.]
Province of the ) Anno Regni Regis Georgii Secundi Magnae
Massachusetts Bay ) Britaniai Franci?e et Hiberni?e Septimo
At His Majesty's Superiour Court of Judicature begun and held
at Ipswich within and for the County of Essex on the Second Tues-
day of May being the fourteenth Day of the s'' Month Annoq Dom-
ini 1734 —
372 PROVINCE OF NEW HAMPSHIRE.
Thomas Carlton of Bradford in the County of Essex Millwright
Appl' versus James Adams of Haverhill in the s^ County of Essex
Husbandman App''^'^ From the Judgment of an Inferiour Court of
Common Pleas begun and held at Newbury for and within the County
of Essex on the last tuesday of September last past when and where
the App^' was Pit and the App^^*^ was Deft In a Plea of Trespass and
Ejectment For that the Def^ hath entred into and unjustly withholds
from the p? the Possession of a Tract of Land lying in Haverhill
afores'^ Containing by Estimation One hundred and Eighty Acres
and bounded as followeth viz^ By a white Oak Tree marked with A: J:
standing in the Town Line and from thence running East One Mile
to a small white Oak Tree Marked with A: J: from thence running
North Ninety poles to a white Oak marked with J: C: from thence
running West to a black Oak marked J: C: standing in the Town
Line from thence running in the s^ Town Line Ninety poles to the
Boundary first mentioned. For that whereas the pi* and Ebenezer
Carlton, and Aaron Carlton, Benjamin Carlton, Nehemiah Carlton,
Nath' Carlton, Eliz^ Carlton jun'', & Abigail Carlton jun"^, Daniel
Jaques jun'', & Hannah his Wife in right of his s'' Wife on the four-
teenth Day of January Anno Domini seventeen Hundred and sixteen
were seized of the s'' Premisses in their Demesne as of fee taking
the Profits thereof to the Value of twenty Shillings '^ Ann" And
on the twelfth Day of Sept^ Anno Domini Seventeen hundred and
twenty seven the said Daniel Jacques And Hannah his Wife in Right
of the s^ Hannah being seized as afores^ by their Deed of that Date
in Court to be produced Conveyed their Share therein to the s'^ Eben-
ezer and his Heirs and afterwards on the thirteenth Day of February
Anno Domini seventeen hundred and twenty seven the s'^ Benjamin,
Nehemiah, Nathaniel, Elizabeth and Abigail being seized as afores'^ by
their Deed of that Date in Court to be produced Conveyed their Share
thereof to the s'^ Ebenezer & his heirs and afterwards on the twenty
third Day of May Anno Dom Seventeen hundred and thirt}^ one
the s'' Aaron being seized as af ores'' by his Deed of that Date in
Court to be produced Conveyed his Share in the s^ Premisses to the
s'^ Ebenezer and his Heirs and afterwards on the seventeenth Day of
June Anno Domini Seventeen hundred & thirty one the s'^ Ebenezer
being seized in his Demesne as of Fee of his part of the s'^ Premisses
and of the Several Shares by him purchased as afores'^ by his Deed
of that Date in Court to be produced Conveyed the same to the pit
and his Heirs who thereupon hath good Right to the Premisses, and
ought to be in the Possession thereof yet the DePhas entred into the
same and unjustly holds the pP out to the Damage of the s'^ Thomas
Carlton (as he saith) the Sum of Two hundred Pounds. At which
BOUNDARY LINE PAPERS. 373
said Inferiour Court Judgment was rendered for the said James
Adams to recover against the s'^^ Thomas Carlton Costs of Court
This Appeal was Commenced at the Supcriour Court of Judicature
held at Salem within and for the County of Essex on the last tues-
day of October last past and from thence Continued to this time,
both partys having agreed that the merits of the Cause should now
be trycd and no pleas of Abatement Insisted on. And now both
partys appeared and the Cause after a full hearing was Committed to
the Jury who were Sworne according to Law to try the Same and
returned their Verdict therein upon Oath That is to Say They find
for the App" Reversion of the former Judgm' the Land Sued for and
Cost of Courts It's therefore Considered by the Court That
the former Judgm' be and hereby is reversed and that the said
Thomas Carlton shall recover against the said James Adams the
Possession of the Land and Premisses Sued for and Cost of Courts
taxed at twenty pounds, fourteen Shillings & Six pence — 2 Jury
Writ of Facias Hab : poss'ionem issued 8*'' June 1734
a true Copy as Appears of Record Exam^' '^
Benj=' Rolfe Cler
The Massachusetts written Evidence in Reply
The Mass : Com'ee Produced & read the ffoll Address to King
Charles the 2^ in 1678 from the Gov' & C° of the Mass:
[In place of the abstract here entered, this document is given in full
from Masonian Papers, Vol. 4, p. 153.]
At a General Court for Election held at Boston the 8^^ of May
1678 —
To the Kings Most Excellent Majesty
The humble Petition and Address of the Governour and Company
of Your Majestys Colony of the Massachusetts in New England
Humbly Sheweth
That Whereas your said Petitioners have since your Majestys most
happy Restoration upon their Several Addresses in the Years 1661.
62. &c Received Many Signal and Gratious returns of favour Con-
firmation of our Charter, pardons of our Errors, Assurance of your
Royal inclination to promote the trade and happyncss of this Planta-
tion) proceeding only from your Royal goodness which hath highly
obliged us to all due acknowledgements thereof as We have had Op-
374 PROVINCE OF NEW HAMPSHIRE.
pertunity and We Shall for future at no time Omit to manifest (ac-
cording to Our Capacity) our hearty and Sincere affection to your
Majestys Service and Interest as in duty We are bound, and there-
fore most humbly Implore the Continuance of these gratious Influ-
ences whereby your Poor Subjects here have been So much refreshed
in their Great Sufferings and distresses, and that your Majesty Ac-
cording to your Innate wisdom & goodness will receive no Impres-
sions from any that for their own evil ends shall endeavour (by false
and mistaken Reports) to represent Us as affecting and Aspireing
to a greatness Independant on your Majestys Sovereignaty over Us
or Incompetable with the duty of good and Loyal Subjects to a Most
Gratious King in whose prosperity — We most heartily rejoyce,
And for which We daily pray. In humble Obedience to Your Ma-
jestys Command In Seventy Six We dispatched our good friends, M""
William Stoughton and M"" Peter Bulkley to Attend your Majestys
Pleasure Concerning the Bounds of Our Patent in reference to M''
Gorges and M'' Masons wherein as We have been Informed your Ma-
jesty hath declared your Pleasure as to the Settlement of the bounds
of Our Patent, and our Right of Government therein according to
our Charter which is matter of Great Satisfaction to all your good
Subjects here it being their utmost ambition to enjoy under your
Royal Protection and allegiance the known and declared ends of the
first Undertakers which hath hitherto been Carried on att their own
Charge both formerly & lately Defended by a greater Expence of
Blood and Treasure than will easily be believed — whereof they Can-
not but desire to reap the fruits which they assure themselves they
may without any diminution of your Majestys Greatness Dominion
or Glory which with your Majestys Pardon we are bold to afifirme will
not be Advanced by any Innovation or alteration of our present Set-
tlement —
We humbly Supplicate that our Messengers having dispatched the
business betrusted with them by Us and Commanded to Attend by
Your Majesty may be at Liberty to return and not be Obliged to
make Answer to Such Complaints as are made by unquiet Spirits,
who Seek not your Majestys but their Own Advantage and our Dis-
tress, And what shall be Incumbent on us we Shall with all dutifull-
ness attend as becomes good Christians, And Loyal English Sub-
jects, and Shall Glory in giving your Majesty all Just Satisfaction,
not insisting on any Erata' that may have Slipped Us in forty eight
years especially in our Infancy or in the time of the late Confusions,
for which (as we have had) we again most humbly Implore your
Majestys most Gratious Pardon which will further oblige us for the
future to be most observant of your Royal Pleasure, as to your Es-
BOUNDARY LINE PAPERS. 375
tablishmcnt of Us according to the Charter granted by your Royal
Father and Confirmed by your Royal Self upon Several Occasions —
Let your Majesty be Pleased to accept from our Messengers
aboves'' an Account of our ready Obediance to your Majestys Com-
mand for taking the oath of Allegiance in the forme prescribed And
our repealing that Law referring to the Oath so 111 resented by your
Majesty with Some orders M" Attorney and M"" Solliciter excepted
against Us our messengers have Intimated, we might recount the
Particulars and present our further desires, but fearing we have
been too tedious to detaine Your Majesty from your more Important
affairs. And not being in a present Capacity to manifest our Gratitude
by a Suitable Acknowledgement of your Constant goodness, by rea-
son of the Great Disolations Great Charges and debts Contracted
and yet remaining upon Us by the late Insurrection and outrages of
the Indians We prostrate at your Majestys feet and humbly begg the
Acceptance of the Loyal hearts —
Your Majestys most humble Subjects & Supliants The Govern-
our & Company of the Massachusetts Colony in New England —
A true Copy as of Record
Examined ~^ J Willard Sec'ry
Decl" of Mass : showing their complyance with King Charles's
Order in Counc in 1677
216 — The Mass : then Produced a Decl" of their Gen^' Court in
1679 — Which was read to the ffoll effect
[In place of the abstract here entered, this vote is given in full
from Masonian Papers, Vol. 4, p. 154.]
At a General Court held at Boston 5 Octob'' 1679
This Court doth hereby Declare that all Commissions that have
been formerly granted by the Collony of the Massachusetts to any
person or Persons that live in the Town of Hampton Exeter Ports-
mouth & Dover are hereby withdrawn, & as to any future made void
& of none Effect —
A true Copy as of Record
Examined %^ J Willard Sec'ry
They then read an Extract of a Paragraph out of Gov"" Dudley's
Comm'on for the Gov' of New Hampshire to the foil effect
[In place of the abstract here entered, this document is given in full
from Masonian Papers, Vol. 4, p. 155.]
Extract of a Par^ or Clause in Gov"" Dudleys L""^ Pat'' from O" Anne
dated April first, in the first year of her Reign to be Gov"" of All that
p' of New Hampshire therein described
376 PROVINCE OF NEW HAMPSHIRE.
" And We do hereby likewise give & and grant unto you full
' power & Authority by & with y*^ advice of Our s"" Council to agree
'with the Inhabitants of Our Province & Territories aforse"" for Such
' Lands Tenem"^ & hereditaments as now are or hereafter shall be in
' our power to dispose of & them to grant to any person or persons
' for Such Terms & under such moderate Quit Rents services &
'Acknowledgments to be thereupon reserved unto Us as you by &
'with the advice afores*^ shall think fit, which s^ Grants are to
' pass & be Sealed by our seal of New Hampshire and being
' Entred upon Record by such Officer or Officers as you shall ap-
' point thereunto shall be good & Effectual in Law against Us our
' heirs & Successors. —
A True Copy of the afores^ Paragraph or Clause taken from the
Original and Compared.
f . Benj'-' Rolfe Cler.
221 — They also Produced the Ch'er or Patent of King Charles
the I®' to S"" fferd° Gorges, Part of which describing the Bounds they
Desired might be read — The Com'ee of New Hampshire Excepted
ag' its being read in Evidence in this Case, & after hearing what each
■^ty had to offer The Court ord^ the Clerks to transcribe a true
Copy of that Paragraph in the s"* Patent which cont^' the Bounds of
the Lands thereby granted — & is in the words foil Vizt
[In place of the abstract here entered, this document is given in full
from Masonian Papers, Vol, 4, p. 156.]
An Extract of a Paragraph or Clause out of King Charles Patent
to S' Ferdinando Gorges for the Province of Main dated 3 of Apr. in
ye j^th Year of his Reign
All that part purpart & portion of the Main Land of New England
afores'^ beginning at the Entrance of Piscataqua Harbour «& So to pass
up the Same into the River of Newichwannock & thro' the Same
unto the furthest head thereof, & from thence Northwestward till one
hundred & twenty Miles be finished. And from Piscataqua Harbour
mouth afores'^ North Eastward along the Sea Coast to Sagadahock &
up the River thereof to Kennebeque River & thro' the Same unto
the head thereof & into the Land North Westward until one hundred
& twenty Miles be Ended being Accompted from the Mouth of Sag-
adahock & from the Period of one hundred & twenty Miles afores""
to Cross over Land to the One hundred & twenty Miles end former-
ly Reckoned up into the Land from Piscataqua Harbour thro' New-
ichwannock River, And also the North half of the Isles of Shoals to-
BOUNDARY LINE PAPERS. 377
gether with the Isles of Capawocke & Nautican near Cape Cod as
also all the Islands & Islets lying within five Leagues of the Main
all along the afores'^ Coast between the afores'^ Rivers of Piscataqua
& Sagadahock with all the Creeks Havens & Harbours thereunto be-
longing and y*^ Reversion & Reversions Remainder & Remainders of
all & Singular the Said Lands Rivers & Premisses. —
A true Copy of the Said Paragraph or Clause Compared with the
Original f W"> Parker Cler.
The New Hampshire written Evidence by way of Rejoynder
Order made by New Hampshire to Prohibit Settling Lands near
Pennicook *
222 — The New Hampshire Com'ee Produced the foil Order of
the Gov"" & Council of their Province Viz*
10 April 1726 — At a Council then held at Portsmouth by the
Lieut' Gov"" & Council It being reported to the Board That in
■^suance of a late Vote of the Gen" Assembly of the Mass : Sundry
■^sons were going or gone to lay out take poss'ion of & Settle on
some of his Ma'ties Lands within the limits of New Hampshire at
or near a place called Pennicook, which was not only with' the con-
sent of their Gov' but unjustifyable & tended to the destroying of
the Mast Trees fit for his Ma'ties Service that might be growing
thereon Which they the s"^ Lieut' Gov"" & Council of New Hampshire
CO'' not pass by with' bearing testimony ag' it It was therefore Ord*^
That a Com'ee in behalf of that Gov' sho'' immed repair to s^ Pen-
nicook & forewarn any '^sons whom they might find there or
thereab'^ from laying out taking poss'ion or Settling at or near Penni-
cook or presuming to appropriate any other of his Ma'ties Lands
within that Province till they sho'^ have the countenance of the Gov'
of New Hampshire for so doing & to direct them in an amicable way
forthwith to withdraw themselves from the s^ Lands
Evidence Closed
223 — Then Both '^ties Declared they had no ffurther Evidence
to offer unless it sho'' be occasioned by something that sho'^ be
started by the adverse '^ty — And then the Court Adjourned to the
next morning
31 Aug' 1737 — The Court accordingly met & took under cons :
the Question Whether the Opinion of the Atfy & SoF Gen", where
the Dividing Line between the 2 Provinces ought to begin, sho^ be
read & made part of the Record — And after debating the m're the
Printed, State Papers, Vol. IV. d. ii.
25
3/8 PROVINCE OF NEW HAMPSHIRE.
Presid* put the Question & the Court were Divided in Opinion, &
the same was ord'' to be returned to the "^ty who produced it with
the reason it was not rec'ed
224 — Then the Com'ees of both Provinces Presented their Replys
in writing to each other, which were read to the foil effect
New Hampshire Reply to Massachusetts Claim
[Instead of the abstract here entered, this document is given in full
from the original in Masonian Papers, Vol. 4, p. 158.]
Prov. of (^To THE HoN^'= His Majesty's Commission''^ for Set-
N. Hamp"" j tling the Boundary Lines between the Provinces of New
Hampshire & the Mass-"* Bay —
A Reply to the Answer of the Province of the Mass^ Bay to the
Demands & Pretensions of the Government of New Hamp"" Exhib-
ited by the Agents of the Province of the Mass^ Bay — which is Pre-
sented by us the Subscribers in behalf of His Majestys Government
of New Hampshire
Having Moved for & obtained leave of Your Honours to Exhibit
any further or other answer to the Demands & Pretensions of the
Province of the Mass^ Bay, as also a Reply to their Said Answer,
And as being the Original Complainants we Claim it is our Right to
Close & Shut up the Ai'guments on this Controversy — Do there-
fore further Say, in the first Place That the Province of the Mass^
Bay ought to be Deemed & held to Contend as well with His Maj-
esty as with His Province of New Hamjoshire in the Present Contro-
vers}^ for that the Said Prov. of the Mass^ Bay have Encroached on
the Kings Lands, & Extended their bounds far beyond the Just &
Legal Limits of their present Charter, & have made many grants of
Lands belonging to His Majesty & in this Province of New Hamp*"
And have from time to time usurp'd Jurisdiction over a Great part of
the Province of New Hampshire by trying the Title of Lands in the
Courts held in & for the County of Essex in the Province of the
Mass^ Bay, which Lands, lay above Seven Miles & Some above ten
Miles from the River Merrimack ; And Yet in their Present Demands
they Say their Line ought to Run Parallel with the River at the Dis-
tance of three Miles, So that 'tis plain they have Exercis'd a Jurisdic-
tion, (by trying the title of those Lands,) without the Limits of their
Government —
Now the Province of New Hampshire being under His Majestys
Immediate Government & the Right to the Lands being Immediate-
ly in him of whom Every Proprietor holds the Same Directly, the
BOUNDARY LINE PAPERS. 379
Present Controversy is properly between His Majesty on the One
part only, & the inhabitants of the Prov. of the Mass^ Bay on the
other part, who have the Right to the Soil as well as Government of
their Province. So that there is no grounds for their distinction
which they make, by Saying they ought not to be held to contend
with His Majesty, but with the Province of New Hampshire only —
besides were there any Difference between His Majesty's Lands &
those belonging to the Province of N. Hamp"" the Government of
New Hamp'' being His Majesty's Immediate Governm^ as aforesaid,
have a Right by virtue thereof, & ought in duty to prevent if they
Can, any Incroachra'^ on the King's Lands, that lye nearer to them
than to any other Governm* Immediately under his Majesty, and
therefore may well Appear in His Majesty s behalf & Demand a Set-
tlement of the boundarys between His Lands & those belonging to
the Prov. of the IVIass^ Bay. —
2 As we find the Prov. of the Mass* in their Answer to Our De-
mands as well as in tlieir Demands, Insist on that Judicial Determin-
ation before K. Charles the 2nd in 1677 as being final & Conclusive
of the present Controversy, & that they have thereby an undoubted
Right to Extend their Limits agreeable to the Lines they have de-
scribed in their Said Demands — We would beg leave to add to what
we have Said in Our Answer, on that head, That His Excellency
when he was Appointed Governor of these Provinces, Obtain'd an
Instruction from His present Majesty, to lay the affair of the Lines
before the Respective Assemblies of the Said Provinces, that they
might make Choice of proper Persons to Adjust & Settle y'^ Same —
Pursuant to which the Gen^ Courts of the Said Provinces Enacted
Laws which they thot proper & pertinent to the Occasion — That,
pass'd by the Gen^ Court of the Mass^ is now Extant among their
Laws, & is Entitled, An Act fully Ivipozucring Commiss^'^ to Deter-
mine the bounds bettvcen this His MaJesty^s Province of the Alass^
Bay, & the Province of New Hampshire — If the Prov. of the Mass^
had a Design to Execute this Law when they made it, that Shows
they themselves thot the bounds unsettled, & that the matter was
then Controverted, for otherwise they will Impeach the Wisdom of
the King and His Gov"" in troubling and concerning themselves about
the Said Instruction, and also their own Conduct in putting them-
selves to a great deal of trouble and Charge to have that Determined
which was so before, as they now Say by the afores^ Judgment, but
if they had no design to Execute the Said Law when they made it,
no man will Say they Acted the honest part whatever other Views they
might have. But as we have no Suspicion that this was the Case
when they pass'd the Said Act, tho' it did not take Effect, So we
3l8o province of new Hampshire.
Say, that whole Transaction fully demonstrates the Sense that the
King, the Gov'', & the Province of the Mass'' Bay had of this matter,
at that time Namely that the boundarys between the Said Provinces
were unadjusted & in Dispute. And tis remarkable that in Govern"'
Belcher's Commission for y*^ Governm' of New Hamp"", the words
that us'd to be in former Commissions viz three miles Northward of
Merrimack River & every part thereof are left out, and that as we
have been Inform'd by the Govern" own motion which Still further
Argues what Apprehensions he as well as all concern'd in making
out the Commission had of the extent of this Province, viz that it
was not Limited by a Line running Parallel with the River to the
head thereof. And Indeed how was it possible for them to think
otherwise, the Reason & nature of the thing must, as we take it,
force all that consider the case into the Same Apprehensions — for
how can it be that a Judgment on one Deed or Grant, Should be a
Decision of a Controversy on another which is materially & Essen-
tially Different, Especially too when the Deed it Self is Annihilated,
& of Consequence all that Depends upon it Void — And the Prov. of
y^ Mass* in their Answer to our Demands Seem rather to urge the
Reason than Authority of the Said Judicial Determination, by con-
fessing they hold by a Different Grant, but that it Conveys the Same
Lands, which leads us to Consider — Thirdly that Paragraph in
their present Charter which they Rely on as Sufficient for that pur-
pose — the words are, " Provided also that it Shall & may be Lawful
"for the Said Gov"' & Gen' Assembly, to make or pass any grant of-
" Lands lying within the bounds of the Colonies formerly called the
" Colonies of the Mass*'' Bay & New Plymouth & Province of Main,
" in Such manner as heretofore they might have done by Virtue of
" any former Charter or Letters Patents ; which Grants of Lands
" within the bounds aforesaid, We do hereby Will & Ordain to be &
" Continue forever of full force & Effect, without our further Appro-
" bation & Consent." The true intent & Design of this Paragraph
was to give the Govern'' & Gen' Assembly of the Mass* a power to
make & pass any Grants of Land in the Same manner, that is, as
fully & Effectually to Convey the fee or a Good right & title to the
Grantee, as they Could under y*^ first Charter, and of this we make
no doubt, but the Question is how far & within what Limits they
were to Exercise that power according to the true Intent & meaning
of the Charter — And here first we would observe that by this Char-
ter the Province of the Mass* has different bounds from those of the
Colony of the Mass* bay by the old Charter, this they themselves will
Confess is true as to the breadth of the Province, & we take it to be no
less true with Respect to the Length thereof, tho' they may not be
BOUNDARY LINE PAPERS. 38 1
So willing to own it. And this difference was not an Accidental
thing but designed by the Grantor, and here it is in this part of the
Charter, after the Recitations & before the habendum, that we ought
to look for the bounds & true Extent of the Province, for 'tis the Of-
fice of the first part of any Deed after naming the grantor & Grantee
to Describe with Certainty the thing Granted, and it is altogether
as Improper to Enlarge the bounds of the Land Conveyd by any
Deed after y"^ habendum as it is to add to & Increase the numlDer of
Grantees by Inserting their names there, we therefore conclude that
the true extent of the Prov. of the Mass^ is to be found after the
Recitations & before the habendum, where their bounds are first
mentioned, And hence it follows, Secondly that the Exercise of the
Said power of Granting of Lands is by the Said Charter Limited to
& Restrained within those bounds, & cannot be extended beyond
them by any after Sentence or Paragraph. And this further Ap-
pears by duly Attending to the words of the Said Paragraph, for the
words, luithiu the bounds aforesaid, must Refer either to the Colonies
& Province mentioned in the former part of the Paragraph, or Else
to the New bounds given by this Charter, that it must be the Latter
is plain, from this, that the Sense is Compleat without them, if the
bounds of the Colonies & Province Were Intended, & these words,
tvit/iin the boimds a/ores^ are of no Significancy, According to that
Construction, as will Appear b}^ Reading the Paragraph without
them, but when those words are Referr'd to the bounds given before
by the Charter & mentiond before the habendum, they .are Signifi-
cant & useful & the Sense of y^ Period is Compleat, & every member
or part of it Sensible & of Some use —
And tho' by a Stricte Grammattical Construction these words may
Refer to the bounds of the Colonies &c Yet Such Construction is
often Over RuFd where the Sense Requires it, & the Plain Intent &
Sense of the Instrum' shall Govern the Construction & Carry it
against the Nice Rules of Grammer. it were Easy to produce many
Instances of this if Necessary but is as we take it too plain & Noto-
rious to Need it. But Especially in Charters Grants or Deeds
which allow a more Liberal & Equitable Construction So as to Com-
port with the Intention of the Grantor, And in the Case we are
Speaking of ;he Sense Evidently Requires Such a Reference as we
Contend for, namely to the Bounds first mentioned after y^ Recita-
tions, or else the Charter Contradicts it Self. And when there are
two Constructions put on any Deed the one agreeable to the Strict
rules of Grammer but make one part of the Deed Contrary to the
other, and another Construction w^hich tho' contrary to a Rule of
Grammer is yet good Sense & makes the Deed Consistent with it
382 PROVINCE OF NEW HAMPSHIRE,
Self thro-out, can any man in Such a Case be at a Loss which Con-
struction ought to be follow'd ? And this is plainly the case if the
words we have been Speaking of have Such a Reference as they
would give them, as a little attention to the Charter & what we have
Said thereon will plainly Evince —
Now the Government of New Hamp'' Claims all the Land that
Lies between the Northern Boundary of the Massachusets, & the
Southern Boundary of the late Province of Main, and that His Maj-
esty allows & understands that to be the Extent of the Province of
New Hampshire may be Justly Inferr'd and is fully prov'd, by the
Paragraph before Referr'd to in Gov"" Belcher's Commission for the
Governm* of this Province, in which the words that us'd to Seem to
Limit this Province to a Line run three Miles North of any & every
part of Merrimack River are left out, which shows that New Hamp'"
might possibly run nearer the River in Some places as the Line of
the Prov. of the Mass"" might probably be run. for it cannot be ra-
tionally Suppos'd that the King intended One Line for New Hamp""
& another for the Mass^ & So leave Some Towns or a part of Some
Towns, neither under that Governm* nor this, & Consequently under
none, which must be the Case if that w*^'^ is a Northern Boundery
for the Mass^ is not a Southern Boundary for New Hampshire —
This point is further Demonstrated from the Commission which
gives your Hon'"" Cognizance of this matter, which Says you are to
Settle the boundaries between these two Provinces which must
therefore joyn to Each other, or the boundaries cannot be Said to be
between them, — No Common Man is ever guilty of Such an Egre-
gious Blunder as to Say that Bounds may be Settled between the
land of A. and B. if C hath a Tract of land lying between theirs —
It is plain then that In order to find out the true Extent & Bounds
of New Hampsh'' Your Hon'"^ must make a Construction of the Char-
ter of William & Mary & Determine where the boundaries therein
given Ought to run, & when you have done that & Mark'd them out
the boundaries of New Hampshire will Show themselves —
We Submit the whole to your Hon'^ Judgment not doubting of an
Impartial & Judicious determination and in behalf of His Majestys
Government of New Hamp"" Subscribe Our Selves Your Hon''^
Hampton Aug' 29, 1737 Humble Serv*^
And-- Wiggin"^ Sha'^ Walton ^
T Rindge I ^ .,.. Geo. Jaffrey { ^ ... ^
i,, , Ti 1 • Committee ^, r /. , • ■ Committee
Tho^ Packer { 1 heodore Atkinson f
James Jeffry j Jotham Odiorne j
BOUNDARY LINE PAPERS. 383
MASSACHUSETTS REPLY TO NEW HAMPSHIRE CLAIM.
[In place of the abstract here entered, this document is given in full
from the original in Masonian Papers, Vol. 4, p. 159.]
To the Hon''^'*^ his Majesties Commissioners for Setling the Respect-
ive Boundaries between the Province of the Mass-"^ Bay & New
Hampshire as well on the Southern as Northern part of New
Hampshire./
May it Please Your Honours.
The Province of the Massachusetts Bay to Support their Claim
humbly present their letters Patent given in 1691, and the final Judg-
ment of his Royal Majesty King Charles the Second in Council given
upon the Southern boundary aforesaid in 1677, to be enter'd in this
Court according to the direction of your Commission, And thereupon
say,
That his Majesty King Charles the first by his Letters Patent un-
der the Great Seal of England, dated at Westminster the fourth of
March in the fourth Year of his Reign, did Grant & Confirm to Sir
Henry Roswel & others their heirs & Assignes All that part of New
England in America which lieth between Merrimack River & Charles
River, And all the Lands lying within three English Miles on the
South part of Charles River, or of any part thereof, And all the
Lands lying within three English Miles to the Northward of Merri-
mack River, or to the Northward of any part of it, and all the Lands
lying within these Limits North & South in breadth, and in length
of and within all the breadth aforesaid throughout the Main Lands
there, from the Atlantick Ocean on the East part to the South Sea
on the West part, Creating them a Body Politique by the name of
the Governour And Company of the Massachusetts Bay in New Eng-
land for the planting & Governing thereof —
In November following the President and Council at Plimouth
granted to One Captain John Mason and his heirs certain Lands
which they agreed should be named New Hampshire, bounding the
same towards the Massachusetts by the middle of Merrimack River
from the Mouth to the farthest head thereof, and from thence up into
the Land Westward till threescore Miles be finished, which Grant we
also pray may be Enter'd in this Court./
These Grants thus Interfering we once claimed a Right to the Soil
and Government of all New Hampshire, & in Our Answer with a
plan of Merrimack River presented to the King in 1677, which we
also pray may be enter"d in this Court, alledged the Grant of that
384 provincp: of new Hampshire.
Old Charter for it, Urging that we were bounded between two East
& West Paralel lines drawn from the most Southerly part of Charles
River, and the most Northerly part of Merrimack River, with three
Miles advantage on each, and reaching from Sea to Sea, and there-
fore could not be bounded by so many hundred lines as the River
Merrimack makes bends or Angles in two hundred miles passage
from Winnipesokie pond to the Mouth of the River. But this was
our Mistake for such lines could never answer the plain words of that
Charter, which expressly limited us as to the Lands Northward of
Merrimack River to those only that were within three English Miles
of the River, And therefore that Judgment of the King in Council
in 1677 accordingly determined, that the North & South bounds of
the Lands granted, so far as the Rivers Extend, are to follow the
course of the Rivers, which made the Breadth of the Grant, So that
dispute was then Setled, his Majesty made New Hampshire a seper-
ate Province to be Ordered by Governours of his Majesties Immediate
Appointment, And all the Commissions to their several Governours,
that at any time since, mention their bounds, ever describe them as
containing all those Lands that lye and Extend from three Miles
Northward of Merrimack River or any part thereof to the Province
of Main, As by the respective Paragraphs thereof herewith presented
appears which we also pray may be Enter'd in this Court./
Now tho' that Old Charter of the Massachusetts Colony was after-
wards Cancelled by a Judgment given in the Court of Chancery in
the thirty sixth Year of King Charles the Second ; Yet their Royal
Majesties King William and Queen Mary by their Letters Patents
in 1691 Declaring that King Charles the first by his letters Patent
had Granted & Confirmed to Sir Henry Roswel & others their Heirs
and Assignes All that part of New England abovementioned to be
granted them, Creating them a body Politique by the name of the
Gov'' & Company of the Massachusetts Bay in New England, that
they by vertue of those Letters Patents had setled a Colony of the
English in those parts which was become very Populous, and that
these Letters Patent were afterwards, cancelled by a Judgment in
Chancery Do will & ordain that the Territories and Colonys com-
monly called or known by the names of the Colony of the Massachu-
setts Bay & Colony of New Plimouth the Province of Main &c, be
Erected United and Incorporated into One Real Province, by the
name of Our Province of the Massachusetts Bay in New England.
About five Yeai's after this the Governour & Council of New
Hampshire caused their boundary line to be run from the Atlantick
Ocean three Miles Northward of Merrimack River, following the
course of the River, so far as they had any Settlement near it, and
BOUNDARY LINE PAPERS. 385
filed the Plan thereof among their publick Records. An Authen-
tick Copy whereof we here present, and pray it may be Enter'd in
this Court./
And as to their particular Objections & Allegations viz'
Objection i^' That his Majesties Judgment in 1677 should have
been pleaded in Barr to a New tryal, against their Petition for it, and
therefore cant be used in our present defence./
We say we are now upon the Tryal where the Line is to be marked
out upon the spot & Establisht, which never hath been done ; and
therefore now only is the time to produce that Judgment as well as
any other Plvidence we have.
Object" 2 That that Judgment is void, because the Colony Char-
ter, upon the Northern boundary line whereof this Judgment was
given, is cancelled. We say It is void as to the Gov"" & Company of
the Massachusetts Colony, which are dissolved ; but not as to the
Province of the Massachusetts Pay, into which all that was called or
known by the name of the Colony of the Massachusetts Bay is incor-
porated : for the Old Charter together with his Majesties Judgment
upon the meaning of the words of that Old Charter in the day of it
are matters of Record of the highest nature & definitely determine
what was called or known by the name of the Colony of the Massa-
chusetts Bay, and no Man has right to dispute it.
Object" 3^'>' That the three Miles North of Merrimack River is to
be taken from the middle of the Channell, because the Attorney and
Solicitor General say, it is to be taken from three Miles North of the
Mouth of the River, where it runs into the Atlantick Ocean. We
say wherever the rivers Mouth runs into the Sea even to the North-
ermost side of it, is Merrimack River ; therefore from thence the
three Miles must begin./
Object" 4''''>' That the River Extends from the Sea to Pantuckett
Falls thirty fiv^e miles Westerly, thence to the Crotch fifty five Miles
Northerly 15:30 West in the whole, allowing for the variation, and
by the Old Charter the Line is to run three Miles North of Merri-
mack River or to the Northward of any or every part thereof, there-
fore by that Charter the Line cant run parallel with the River from
Pantuckett Falls to the Crotch unless a line can run parallel to a
River that runs North, and yet be three Miles North of the river,
which is impossible.
We say. The words of the Old Charter are. We grant them all that
part of New England, that lieth between Merrimack and Charles
River and all the lands Lying within three Miles to the Northward
of Merrimack River, or to the Northward of any part of it, Now the
first clause gives us all the Lands between the Rivers Generally, and
386 PROVINCE OF NEW HAMPSHIRE.
the Second plainly intending to give us all the Lands within three
Miles of Merrimack on the other side of it, expresses it in few and
effectual words, containing two Limitations to distinguish these
Lands by, viz* AH the Lands that lye within three Miles of Merri-
mack, and to the Northward of it, now the Lands inclosed between
this Parallel line and the River from Pantuckett ffalls, to the Crotch
are as much within these two Limitations as those from Pantuckett
Falls to the Rivers Mouth, for they are within three Miles of the
river & they are to the Northward of it, or on the Northside of it,
there never was a River yet that had more than two Sides, this has
a Northside named so from the course of the lower and Principal
part of it, and therefore the other side must be the Southside, and if
this Land be not on the Southside, it must be on the North, and who-
ever travels down due south from any part of that line, he will come
to the river therefore tis part of the Land absolutely granted by the
plain meaning of the grant, as well as the Irresistable force of the
words.
If the Grant had been of all those Lands on the Northside of
Merrimack that lie within three Miles of those parts of the River,
that they bear due North from, in such case when the River turn'd
Southerly diminishing our Breadth against Haverhill and Dracut, we
must have diminisht of Our three Miles in width, and when it turn'd
up towards the Crotch upon a course near North, we must have been
very narrow, where it was due North, Our line must have run in the
River, and thus according to the reaches of the River proceed till we
come three Miles above the Crotch, and this we could not have been
hindred of then, but the words of Our grant are not such, if they
had, we had saved as much people & money which we spent in set-
ling and defending the Lands they now Claim as New Hampshire
and all their Claims would have been worth at this day, and if they could
force their quibling construction upon Our grant, they would not
bring so much advantage to his present Majesty, as they would cast
reproach upon King Charles the first that made it above a hundred
Years ago, but the words and meaning of our Grant can bear no
other sence than what gives us our demand as above. However least
any Man should be able to pervert the plain meaning of his Majesties
Grant aforesaid he has fuller words granting all the Lands within
three Miles of the River to the Northward of the River or to the
Northward of any part of it, which puts the matter beyond all doubt,
as themselves intimate if these words must be taken together ; and
therefore no doubt but his Majesty King Charles the first knew the
course of the River when he gave the Old Charter, especially con-
sidering the form of New Hampshire runs North up Piscataqua and
BOUNDARY LINE PAPERS. 38/
Newichawannock River to the head & from thence Northwest, which
well Answers their Circular course by this River, Ikit that King
Charles the Second knew it when he gave that Judgment is certain,
for the Massachusetts then in their defence told him, this River had
such reaches northerly as that a due East & West line from the head
of it, gave them all New Hampshire, and he understood them
well for his final Judgment against them was, to run the course of
the River up all these reaches and Extend their grant from the At-
lantick Ocean within all the Breadth afores^ that the Rivers give
them as far as they go, and then with the Breadth there found to
proceed to the South Sea./
Object" 5''''y That the Province Charter leaves out those Important
and Material words of the Old Viz' to the Northward of any and
every part thereof, and gives us All that part of New England lying
and Extending from three Miles Northward of Merrimack on the
North to the Atlantick Ocean on the South in breadth and in length
of and within all the breadth & compass afores'^ throughout the Main
Land from the Atlantick Ocean towards the South sea &c, the most
rational construction of which is that this boundary should be a
Straight line beginning three Miles North of the Rivers mouth &
running due West throughout the Main Land &c.
We say. That the Province Charter reciting the Old Charter and
the Cancelling of it, Ordains that the Territories or Colonys com-
monly called or known by the name of the Colony of the Massachu-
setts Bay & Colony of New Plimouth, the Province of Main &c, be
Erected United & Incorporated into One Real Province by the name
of Our Province of the Massachusetts Bay in New England, Now
therefore with this Province the Line is now to be run, which hath
the Jurisdiction of all that Territory which was called or known by
the name of the Colony of the Massachusetts Bay and Includes this
very Land in dispute. Its true, that after the Incorporation of the
Province in its full Extent aforesaid it goes on & in the following
Article gives sundry Lands to the Inhabitants of this Province to be
at their disposal And now suppose in this Donation no more had
been contained than forty Acres of Land in Nova Scotia, No Man
would have said that was the contents of the Province — Wherefore
as we have setled flourishing Towns upon this Land if we had no
right from the Crown to dispose of it his Majesty may do as seems
him right concerning it. But the Neighbouring Province has no right
to meddle with it because tis in this Province by the Incorporation
aforesaid. And yet these very bounds plainly intend to comprise all
the Lands in the Old Charter & give us all the Lands from three
Miles North of Merrimack which must Include all Merrimack &
388 PROVINCE OF NEW HAMPSHIRE.
three Miles on the North side of it, and so this hne is to be run from
the Atlantick Ocean at three Miles distance from the Mouth joarallel
with the River giving us all the breadth the course of the River af-
fords to the Crotch, and continuing the breadth there found by a
West line to the End of the Province agreeable with the Old Char-
ter, and so this Charter explains it in page 1 1 in these words Pro-
vided also that it shall be lawful for the Governour & General As-
sembly to make any Grant of Lands lying within the bounds of the
Colonys formerly called the Colony's of the Massachusetts Bay and
New Plimouth & Province of Main in such manner as heretofore
they might have done by vertue of any former Charter or Letters
Patent, which grants of Land within the bounds aforesaid (that is to
say, the bounds of the Colonys formerly called the Colonys of the
Massachusetts Bay & New Plimouth & Province of Main which are
the bounds immediately before spoken of, and the only bounds before
spoken of for six pages) We do hereby Will and Ordain to be and
continue for ever of full force and Effect without Our further Ap-
probation and consent./
Object" 6*'''>' That this line ought to be a due East & West line be-
cause the Massachusetts formerly insisted upon it before his Majesty
King Charles the Second in 1677. We say this they Insisted upon
as their due by construction as New Hampshire now doth but they
also insisted upon the lines running North of all Merrimack upon the
express Donation of their Charter, therefore let them take both to-
gether or conform to plain reason & the Kings Judgment to run the
parallel line./
Object" 7'>' That if the line must run due West in any part, it
must in every part, and therefore when the Right Honourable the
Lords Commissioners for trade & plantations referred that Question
to the Attorney & Solicitor General viz' from what point of Merri-
mack River the dividing line ought to begin according to the intent
of the Charter, they say nothing of the course, & the reason must be
because they Judged it must be a Straight line otherwise they had
never troubled themselves and those worthy Gentlemen to pass thro'
the formality of several publick hearings and Arguments by Council
only to determine a matter of no Importance for tis no matter where
the Line begins if it must run parallel with the River. We say,
Their Agent raised an Army of Petitioners to Exclaim against us
and followed the Board of Trade with several Petitions, and at last
petitioned that the King with the advice of his privy Council would
determine two Material points which were not proper for meer Sur-
veyors or Mathematicians in America to determine viz* where the
line should begin and what course it should run, and these being de-
BOUNDARY LINE PAPERS. 389
tcrmincd his Ma'ties Commissioners work would be easy. There-
upon the Lords of Trade to Satisfie his importunity referred one of
those Questions to the Attorney & Solicitor General viz' where the
Line should begin, Whereupon the Agents for the Massachusetts de-
clared they looked upon the question of no importance and would say
nothing to it, the Attorney & Solicitor General say they could not
tell whether it was or not, laut determined the line should begin at the
Atlantick Ocean as doubtless when a Line is given to run from one
place to another every Man will sav it shall begin at the place it is to
run from, And so we come properly before Your Honours not as
meer surveyors or Mathematicians but as Judges according to An-
tient and Incontestable right to determine the Second Question./
And upon the whole we pray Your Honours to determine Where
the boundary Line on the Southside of New Hampshire shall begin,
whether three Miles North of the middle of the Channell at the
Mouth of Merrimack river as it now runs according to their Claim, or
three Miles North of the black rocks, the Northern edge of the river
when the first Charter was granted as we Claim, & that justly, be-
cause the first Charter gave us all the land within three Miles of
Merrimack river to the Northward as part of the Colony of the Mas-
sachusetts Bay, it was ever so known and called, and is therefore by
the Province Charter Incorporated into the Province of the Massa-
chusetts Bay, and the line must begin accordingly.
Whether the Line shall from thence proceed due West in the line
of that Latitude as they say it should, or follow the course of the
River till it comes three Miles Northward of the Crotch or head of
Merrimack River as we Claim./
We also pray this Hon^^'-* Court to determine that our line from
three Miles North of the head of Merrimack River afores'^ shall pro-
ceed due West in that Latitude to the end of the Province of New
Hampshire, and this will be exactly to pursue the sense of both our
Charters, and the Judgment of the King in Council afores'', giving us
our breadth by the river as far as that go's, and at the end of the
river continuing our breadth there found as far as the present occa-
sion requires, And to choose some meet Surveyor or Surveyors to
run & mark out this Line with such sufficient Monuments, and at
such distances as your Honours shall think proper, as also the line
on the Northern part of New Hampshire from the farthest head of
Newichawannock River due Northwest which is the plain sence of
the word North Westward, to the end of New Hampshire Province,
and to make return of their doings therein to your Honours, at such
farther day as you shall set, for your consideration, and that your
Honours Judgment upon these disputes may be compleated.
390 PROVINCE OF NEW HAMPSHIRE.
In the name & by order of the Agents of the ]\Iassachusett's.
Job Almy Samuel Welles
Henry Rolfe Tho^ Berry
Ben^- Lynde Jun""
247 — After this Reply delivered in the Agents of the Province of
the Mass: Bay Offered 2 Exceptions to the Proceedings of the Com"^
the one because the Province of New Hampshire had not regularly
Appointed the two Publick Officers required by the Comm'on & the
other because the Court rejected a Plan which they Produced from
the ffiles in the Sec'rys Office in New Hampshire, To the first the
Com'ee of New Hampshire Objected that it ought not to be rec'ed
& Allowed because not made at the time those Officers were No'iated,
And upon hearing the parties The Court were of Opinion that the
i^' Exc'on ought not to be rec'ed, but that the 2^ be rec'ed & Entred,
which 2^ Exc'on is in the words fol
[In place of the abstract here entered, this document is given in full
from Masonian Papers, Vol. 4, p. 160.]
To the Hon^'^ the Commiss''^ for marking Out & Setling y^ Bounda-
ries between the Province of the Mass^ Bay & the Prov. of New
Hamp'' in New England —
And the Said Province of the Mass^ Bay comes before yo'' Hon" &
declare that they Exhibited by way of Evidence to your Hon"^^ a Cer-
tain plan Entituled a plan filed in the Sec"^'* office of New Hamp"" which
is Endorsed Province bounds Returned the 2y'^ of July 1696 W™
Redford Dep^ Sec^' & certified by Rich<^ Waldron Sec''>' & what yo'
Hon"^ on Argument hath Rejected & Denied to be part of the Case
from which Judgment & Denial as Erroneous the Said Province of
the ]Mass^ Ba}' also pray An Appeal to his Said Ala^' In Council that
the Said Province may before His Said Maj^' have all benefit & Ad-
vantage of So material a part of their Evidence And this their pro-
test and Appeal the Said province pray may be Entred in this Hon^'^
Court & made part of the Case
In the Name & by Order of the Agents of the Mass' —
Sam^ Welles
Tho^ Berry
Benj^ Lynde Jun'
Job Almy
Henry Rolfe —
249 — The Com'ees of both Provinces Appeared & the ]\Iass:
Com'ee Demanded Judgm^ of their Plea That they were not held to
BOUNDARY LINE PAPERS. 39 1
Contend with his Ma'tie in this Dispute but with the Province of
New Hampshire only And after hearing the '^ties thereon The
Court were of Opinion That the Province of the Mass: Bay were not
held to contend with his Ma'tie in this Controversy by the words of
their Comm'on but with the Province of New Hampshire only And
both Provinces being ffully heard by their Agents in support of their
Demand & in ans"" to each other The Court Adjourned till the next
day
1 Sepf 1737 — The Court Heard the Demands, Answers, & Rep-
lications of both Provinces, & also the Evidences Produced on each
side read & Adjourned to the next day
2 Sepf 1737 — Upon Consideration of the whole by the Comm''^ a
Doubt arose in point of Law And the Court thereupon came to the
foil Resolution
[In place of the abstract here entered, this document is given in full
from the original in Masonian Papers, Vol. 4. p. 161.]
Prov. of I Hampton Sepf the 2 1737 at a Court of Commiss""^ Ap-
N. Hamp"" j pointed by His Majesty's Commission under the Great
Seal of Great Britain to Settle Adjust & Determine the Respect-
ive Boundaries of the Provinces of the Mass^ Bay & New Hamp""
in New England then & there held.
In Pursuance of His Majesty's afores'' Commission the Court took
under Consideration the Evidences, Pleas & Allegations offerd &
made by Each party referring to the Controversy depending between
them and upon mature Advisement on the whole, a doubt arose in
point of Law & the Court thereupon came to the following resolution
viz That if the Charter of King William & Queen Mary Dated Oc-
tob'' 7''' in the third Year of their Reign Grants to the Province of the
Mass^ Bay all the Lands which were Granted by the Charter of King
Charles the first Dated March 4*'' in the fourth Year of his Reign to
the late Colony of the Mass^ Bay, lying to the Northward of Merri-
mack River then the Court Adjudge & Determine, that a Line Shall
run Parallel with the Said River at the Distance of three English
Miles North from the Mouth of the Said River beginning at the
Southerly Side of the black Rocks So called at Low water mark &
from thence to run to the Crotch or parting of the Said River where
the Rivers of Pemigewasset & winnepiseoke meet and from thence
due North three English Miles & from thence due West towards the
South Sea until it meets wuth His Majestys other Governments —
which shall be the boundary or Dividing Line between the Said
Prov^ of the Mass-'' Bay & New Hamp"^ on that Side — But if otherwise
39- PROVINCE OF NEW HAMPSHIRE.
then the Court Adjudge & determine that a line on the Southerlv
Side of New Hamp' begining at the Distance of three English miles
North from the Southerly Side of the black Rocks afores*^ at Low
Water Mark & from thence running due West up into the IMain
Land towards the South Sea until it meets with His Majestys other
Governm'* Shall be the boundary Line between the Said ProWnces
on the Side afores*^ — which point in doubt with the Court as afores-
they Humbly Submit to the wise Consideration of His Most Sacred
Majesty in his Privy Council to be determined according to His
Royal Will & Pleasure therein —
And as to the Northern Boundary between the Said Pro\inces the
Court Resolve & Determine that the Dividing Line Shall pass up
thro' the mouth of Piscataqua Harbour & up the Middle of the River
into y*^ River of Newichwannock (part of which is now called Salmon
Falls) & thro' the Middle of the Same to the furthest head thereof
& from thence North two Degrees Westerly until one hundred &
twenty Miles be finished from y^ Mouth of Piscataqua Harbour
Afores*^ or until it meets with His Majestys other Govemm^ and that
the Dividing line shall part the Isles of Shoals & run thro' the Mid-
dle of the Harbour between the Islands to the sea on the Southerly
Side & that the Southwesterly part of the Said Islands Shall lye in
& be Accounted part of the Prov. of New Hamp^ & that y* North
Easterly part thereof shall lie in & be Accounted part of the Prov. of
the Mass^ Bay & be held & Enjoyed by the Said Prov* Respectively
in the Same manner as they Now do & have heretofore held and En-
joyd the Same — And the Court do further Adjudge that y^ Cost &
Charge arising by taking out the Commission as also of the Cora-
miss^ & their officers Viz the two Clerks Surv^eyer & Waiter for their
Travels Exp* & attendance in the Execution of the Same be Equally
born by the Said Prov*
Ph Livingston
Will: Skene
Eras: Ja* Philipps
Otho Hamilton
John Gardner
John Potter
George Cornell
252 — After Pronouncing the s*^ Judgm' in the Audience of the
Com'ees & sev" other Gent belonging to s^ Provinces The Court In-
formed the Com'ees that they sho*^ Adjourn to Fr)-day 14 Ocf then
next & Ordered Copys of the s"^ Judgm' to be sent to the resp'ive
Publick Officers in the s'^ Pro\-inces no'iated to them & also Notice
in writing of such their Adjoumm' being 6 weeks when they sho*^
BOUNDARY LINE PAPERS. 393
meet in order to receive any Exc'on or Appeale which either or both
■f^ties might have to s'' Judg' — & then the Court Adjourned accord-
ingly
\\Villiavi Dudley to Secretary M'aldroii, 1737.]
[Mss. Prov. Boundaries, p. 135.]
Boston 15^'^ Sep"" 1737
Honorable S"^
By this Express our Committee Desire you'l Send Attested Copys
of the Records following and to them all please to annex the Seal of
your province with Certificate for the Gov"" to Signe that you are the
Secretary thereof & Due faith & Credit ought to be given &c
Copy of the Councill of Plymouths Grant to Cap' John Mason
the extracts of the Commissions to the Respective Governours of
New Hampshire where the Bounds are mentioned
the returne of the Comittees.Doeings in running a parrell line to
merrymack River according to warrant under the L* Gov""^ Seal.
The Report of New Hampshire Comittee & acceptance thereof on
their meeting with ours at Newbury for an accomodation five or Six
years agone I think the last time we ever met on that account, and
please to Send by the Bearer hereof an accompt of what they
come to & when the court meets at Salisbury if not Sooner You
shall be fully Satisfyed. I am S''
Your very Humble Ser*
W'" Dudley
\_Mass. Vote for an Appeal, 1 737-1
[Mss. Prov. Boundaries, p. 134.]
The Committee appointed to take under Consideration the Result
of His Majesty's Commissioners relating to the Settlement of the
Boundaries between His Majesty's Provinces of the Massachusetts
Bay and New-Hampshire, are humbly of Opinion
That an Appeal be made, on the part of this Province, from the
Judgment of the said Commissioners.
That a Committee be appointed by this Court to advise with
Council learned in the Law, in order to prepare a Declaration to be
laid before the hon'ble Court of Commissioners on the Day of their
Adjournment agreeable to the Directions given in His Majesty's
Commission
26
394 PROVINCE OF NEW HAMPSHIRE.
That the said Committee do prepare a Letter to our Agent, with
an Instruction to engage Council in behalf of this Province ; And
That they forward the same, with such papers relating to the Case,
as they shall think necessary, by the first Opportunity —
That the said Committee be impowered to treat and confer with a
Committee of his Majesty's Province of New Hampshire upon any
Proposals that may be made for an Accommodation between the two
Provinces
And we are further of Opinion That a message from both Houses
be sent to his Excellency desiring that this Court may be sitting
some Days before the Time of the adjournment of the hon'ble Court
of Commissioners if he pleases
All which is humbly submitted, in the Name and by Order of the
Committee
Salisbury 6 Sep* 1737— John Turner
In Council Sepf 6"^ 1737 —
Read and Ordered, That this Report be accepted
Sent down for Concurrence Simon Frost Dep' Sec''y
In' the House of Rep'tives Sep' 6 1737 —
Read and Concurr'd, And M"" Speaker and John Wainwright John
Chandler and Benjamin Prescott Esq''^ and M"" Thomas Hutchinson,
with such as the hon'ble Board shall join, be a Committee for the
Purposes within mentioned (any five of whom to be a Quorum) And
the Committee is directed to report their Doings herein to the Court
in their next sitting
Sent up for Concurrence J Ouincy Spk""
In Council Sepf 6 1737
Read and Concurr'd and Edmund Quincy William Dudley, Samuel
Welles Thomas Berry and Benjamin Lynde Esq''^ are join'd in the
affair. Simon Frost Dep' Sec^'y
Consented to J Belcher
Copy Exam^ by Simon Frost Dep*^ Sec''^
[ Vote of N. H. House about Expenses, 1737.]
[Mss. Prov. Boundaries, p. 156.]
Pro of j
N H I In the House of Representatives
Voted/ That the Committee appointed by the Prov^ to Lay all
papers &c^ and to Entertaine the Commiss'^ on the affaire of the
BOUNDARY LINE PAPERS. 395
Lines be and hereby arc Directed and Impowered to Settle y^ ac-
count of Charges in that affaire (according to the Judgm^ of the
Comiss""^) with the Committee of the Mass-'* Bay and to pay or
receive any Ballance that shall appeare to be Due — and if said Com-
mittees Cannot agree than to give Said Accounts to the Commiss''^^
& pray y'" to tax the same as Cost
gr j^th ij,.^ James Jeffry ClC Ass'"
Sent up for Concurrence
14 Ocf 1737 — 253 — The Com'ees or Agents of both Provinces
appeared & the Agents of the Mass : presented an Order of their
Gen" Court made that day Whereby It was Ordered that the Ap-
peale or Exc'on to the Determination of the s^ Com"'^ which had been
that day Approved by s'^ Gen" Court Should be laid before the Com""^
in order to its being read & entred on their Records according to his
Ma'ties Comm'on & a Com'ee was named in this Order for that pur-
pose & to take out Copys & do every thing else that they might
judge necessary for the ffurther prosecution of the affair
255 — And the Exc'on to & Appeale of the s^ Province from the
Judgm' of the Comm''^ was read being the same with their Petition
hereto annexed
\MassacJiJisctts Appeal, 17370
[From Original in Masonian Papers, Vol. 4, p. 162.]
To the Kings Most Excellent Majesty in His most Hon''''^ Privy
Council.
The humble Appeal or Exception of Your Majesty's Province of the
Massachusetts Bay against the final Determination of the Hon'''*
Your Majesty's Commissioners for Settling the respective Bounda-
ries between the Provinces of the Massachusetts Bay, & New Hamp-
shire, as well on the Southern as Northern part of New Hampshire,
Most humbly Shews,
That your Said Province of the Massachusetts Bay find themselves
agrieved at the s^' final Determination of the Said Hon'^''^ Commis-
sioners touching the Southermost of those Lines Viz^ Where it
adjudges
First, That if the Charter of King William & Queen Mary Dated
October 7''' in the third Year of their Reign does not grant to the
Province of the Massachusetts Bay all the Lands which were granted
by the Charter of King Charles the first Dated March 4"' in the
fourth Year of his Reign, to the late Colony of the Massachusetts
Bay lying to the Northward of Merrimack River then — the Court
396 PROVINCE OF NEW HAMPSHIRE.
adjudge & determine that a Line on the Southerly Side of New
Hampshire beginning at the Distance of three EngHsh Miles North
from the Southerly Side of the Black Rocks at low water Mark, &
from thence running West up into the Main Land towards the South
Sea until it meet with His Majestys other Governments Shall be the
Boundary Line between the Said Provinces on the Side aforesaid ;
Which part of the Determination is grievous to the Said Province of
the Massachusetts Bay. —
i^' Because the express Words of the present Province Charter are,
That the Territory or Colony commonly called or known by y*^ Name
of the Colony of the Massachusetts Bay is erected united & incor-
porated with New Plymouth, &c into one real Province by the Name
of His Majestys Province of the Massachusetts Bay in New England,
not excepting the least part of it ; And therefore cannot be bounded
by this West Line, which would Strip this Province of more than one
third part of what was contained in the late Massachusets Colony.
2^'y The present Province Charter impowers the Governour &
General Assembly of the Massachusetts Bay to Grant all Lands in
the late Colony of the Massachusetts ; And declares, that Such
Grants Shall be valid ; And therefore grants to the Province of the
Massachusetts Bay, all the Land to the Northward of Merrimack
River, as well as elsewhere, that was in the late Colony of the Massa-
chusetts.
^diy The Agents for the Province of New Hampshire themselves,
in the State of their Demands, laid before the Said Commissioners
do Say or acknowledge that the Province of New Hampshire lyes
without the late Colony of the Massachusetts and that the Colony of
the Massachusetts is incorporated into the present Province of the
Massachusetts ; And therefore no Doubt can be made whether the
Line of New Hampshire Should include any part of the Said late
Colony, nor Condition or Supposition, that any Part of it be not
granted by the present Province Charter.
4^y The Said Line ought not to run West into the main Land as
aforesaid, because a West Line crosses Merrimack River about Thirty
five Miles from the Mouth, and excludes the Said River (where it is
determined to be Merrimack by the Judgment of the Said Commis-
sioners) for about Forty Miles out of the Massachusetts, Whereas
the Said Merrimack River & three Miles Northward is determined
to be in the Massachusets by express Words in both the old & new
Charter not excepting or excluding any part of it.
Secondly. The Province of the Massachusetts are further ag-
grieved at the Said Determination where it Saith, That from three
Miles North of the Crotch, the Line Shall proceed due West towards
BOUNDARY LINE PAPERS. 397
the South Sea till it meets with His Majestys other Governm*'' which
Shall be the dividing Line between those Provinces on that Side ;
Whereas the dividing Line can proceed no further than Sixty Miles
Because the Province of New Hampshire never did go farther,
Whether the Bounds of it be taken from the Grant of Sixty Miles
from the Mouth of Merrimack River, made by the Council at Ply-
mouth to Capt. John Mason, which must then determine. Or from the
Commissions to Yo'' Majesty's Several Governours of that Province,
which bound them only from three Miles Northward of Merrimack
to the Province of Main ; So that the End of protracting that West
Line, Seems to be, to prevent the Massachusetts extending towards
the South Sea, Or Westward as far as the Colony of Connecticut,
contrary to the express Grant or Direction of the present Province
Charter.
The Province of the Ma.ssachusetts also declare themselves ag-
grieved at the Determination of the Said Hon''''^ Commissioners
touching the Northermost Line Viz' Where it adjudges.
i^' That that Line Shall proceed from the furthest Head of New-
ichawanock River North two Degrees Westerly ; Whereas it Should
have been, that it Should proceed thence Northwesward, which is a
well known & certain Course, the Same, as towards the Northwest,
and makes a Right Angle with the Line directed by this Province
Charter to run from Piscataqua Harbour's Mouth Northeastward
along the Sea Coast to Sagadahock, which lyes towards the North-
east ; For we cannot Suppose that when their Royal Majesty's King
Charles the first, King William & Queen Mary used these Terms
Northwestward & Northeastward to express the Course of those two
Lines with certainty, and to the understanding of mankind, their In-
terest & Meaning could be, that the Line running up the River One
Hundred & twenty Miles Should be North two Degrees West ; and
that runnmg from the River one Hundred & Twenty Miles, to bound
the Second Side, Should be North two Degrees East ; For this would
make the Province of Main instead of a Tract of Land of One Hun-
dred & twenty Miles Square, only a Gore, being at one End a Point,
& but eight Miles wide at the other, not one Twentieth part of their
Grant.
2'"y That that Line Shall proceed on till one Hundred & twenty
Miles from the Mouth of Piscataqua Harbour be finished, or till it
meet with His Majesty's other Governments; Whereas it Should
have been till the One Hundred & twenty Miles be finished without
mentioning His Majestys other Governments ; Because the I'rovince
of Main extends no further than One Hundred & twenty Miles, and
New Hampsh"" on that Side is bounded by the Said Province of Main
398 PROVINCE OF NEW HAMPSHIRE.
in all the Royal Commissions to the Several Governours of that Prov-
ince where any Bounds are mentioned.
Your Majesty's Province of the Massachusetts Bay therefore most
humbly hope, that Your Majesty in Your most Hon^''^ Privy Council
will be pleased in your Consummate Wisdom & Justice to disallow
the Said Determination wherein they apprehend themselves aggrieved
and will be pleased to continue & confirm the Antient Boundarys of
this Your Majesty's Province according to their Claim & that part of
the Said Determination which is agreab'^ thereunto, and founded on
the Grant and Establishment of Your Majesty's Royal Predecessors.
And Your Majesty's most loyal & Dutiful Subjects, as in Duty
bound, Shall ever pray J. Belcher Gov""
Province of the )
Massachusetts Bay \ Salisbury, Oct° 14, .1737.
In Council October 14, 1737.
In the Name & by Order of the Council
Simon Frost Dep^ Sec'^^
In the House of Representatives Oct° 14"" 1737
In the Name and by order of the House
John Ouincy Speaker.
[Masonian Papers, Vol. 4, p. 163.]
In Council Oct" 14, 1737
Ordered That the Appeal or Exception to the Determination of
the hon'ble his Majesty's Commissioners, appointed to settle the
Boundaries between this Province and the Province of New Hamp-
shire, this Day accepted by this Court be laid before the said Com-
missioners in order to its being received and entred on their Records
according to his Majesty's Royal Commission ; and That Edmund
Ouincy William Dudley Samuel Welles Thomas Berry and Benj^
Lynde Jun'' Esq', with such as shall be join'd by the hon'ble House
of Rep'tives be a Committee for the Purpose aforesaid ; as also to
take out Copies and Do every thing else that they may judge neces-
sary for the further Prosecution of the affair, any five of the said
Committee to be a Quorum
Sent down for Concurrence
In the House of Rep'tives Oct° 14, 1737
Read and Concurrd and M'' Tho. Gushing Job Almy and Henry
Rolfe Esq""^ M-- Nath^ Peaslee Col° Chandler M-- Hutchinson Col'*
BOUNDARY LINE PAPERS. , 399
Prescott M' Danforth and James Warren Esq" are join'd in the Af-
fair J Quincy Sp'"'
Consented to J Belcher
Copy Exam'' "^ Simon Frost Dep' Sec''^
Then the Com'ee of New Hampshire Produced a Vote of the
House of Representatives of that Province only Setting forth with
what parts of the s'^ Jiidgm' the Province of New Hampshire was ag-
grieved & Excepted ag' To which the Agents of the Mass: Objected
& took Exc'on for that it was only a Vote of one part of the Legisla-
ture which did not represent the whole Province Whereas by the
Comm'on the Exc'on to the Judgm' of the Comm'^'' was to come from
the whole Legislature which was the Province And after hearing the
s'^ Com'ees on the Obj'on & Exc'on af^ The Court continued the m're
for cons : till the next Meeting of the Court & Ordered the Clerk to
Inform the Com'ee of New Hampshire of their Resolve thereon &
that as the Gen" Court of New Hampshire was then "Sitting the s'^
Com'ee might apply to the Gov"" & Council for their concurrence with
the s^ Vote if they saw cause — And then the Court Adjourned to
Monday then next
17 Ocf 1737 — The Com'ee of New Hampshire being at the Gen"
Court of s^ Province The Court Adjourned to Tuesday the i8^''
18 Ocf 1 737 -262 -The Com"'^ having Considered the Vote of the
House of Representatives of the Province of New Hampshire as
Entred the 14*'' Agreed & Determined that the same sho'^ be rec'ed
& made part of the Records of that Court — & the same is in these
words Viz^
[This document is here given in full from Masonian Papers, Vol. 4,
p. 164, also Prov. Boundaries, p. 157.]
Province of ) To the Honourable the Commiss^^ Appointed by his
New hamps'' > Maj''" Commiss''^ under the Great Scale, to Settle the
8''^i4 — 1737 ) Boundarie Lines between his Maj"""^ Province of New
hampshire, and the Province of the Massachusets Bay in New
England
Forasmuch as his Excellency Proroug'd the Generall Assembly
of this Province at their Last Sitting, before they could know the
Judgment of the Commiss""^ Respecting the Boundary Lines of this
his Majesties Government, And Proroug'd them to the day before
the Said Court of Commissioners by adjournment were to meet in
Order to receive the Appeals of P2ither Province that Should think
themselvs Agrieved, at which Last meeting of the Commissioners
400 PROVINCE OF NEW HAMPSHIRE.
Either party agrieved was to give in their Appeal, from which part
of the Judgment as they Should think Erroneous, and not afterwards ;
And this Province being thereby Stript of the benefit and Advantage
of Appealing from Such part of the Commiss''^ Judgment as they
think unreasonable and prejudicial :
And that his Majesty might not think this House Satisfied with
all parts of the Said Judgment : Voted that this his Majesties Prov-
ince think themselvs agrieved by the Said Judgment in the following
Particulars, viz' on the Southerly Boundary : in that the Judgment
Says ; "begining at the Southerly Side of the Black Rocks, So called
at Low Water mark", when those Rocks are about a Mile from the
Mouth of the River Merrimack, & neare three Quarters of a Mile
North from where it Emptys it Self into the Atlantick Sea or Ocean
2'^ly from a Parralell Line with the River : In case a Crooked line
Should be run (which by no means, we are humbly of Oppinion ought
to be Admitted) for we object against the runing a Crooked Line
parralell to the River, it being founded upon the Old Charter of the
Corporation of the Massachusets Bay, long Since vacated. Yet in
Such a Case it ought to begin three Miles to the North of the Mouth
of the River Merrymack at Low water Mark where it Emptys it Selfe
into the Atlantick Sea or Ocean, and in that manner to run no far-
ther than the River hath a Western Course : and not to run parralell
to the River where it runs North and South, at three Miles distance
from the River, and far beyond where we apprehend it was formerly
called Merrymack : And more particularly because the Province of
the Mass^ Bay Now hold under the Charter of William & Mary which
Never intended a Crooked Line :
3'^ly : and as to the Northern Boundary : We object against that
part of the Judgm* that Says : " Through the Mouth of Piscataquae
Harbour and up the Midle of the River " Because we humbly con-
ceive that M"" Gorges Patent, By which the Mass-"* Claime doth not
convey any Right to the River, Eor the whole of that River and
the Jurisdiction thereof hath Ever been in the Possession of this
Province and never Claimed by the Massachusets : and this Province
in order to preserve & Safe g'ard the same have always had a Castle
and Maintained a Garrison there And the Committee Appointed by
the Generall Assembly of this Province to Lay all papers and Evi-
dences Relateing to the affaire of the Lines before the Commiss''^ are
hereby Directed to present this Vote Immediatly to the Court of
Commiss''^ for Setling the Lines And pray that the same may be
Entred at Large in their Minits and Made part of their Records
By Order of the House of Representativs
October the 14"^ 1737. — James Jeffry Cle"" Ass'"
liOUNDARV lint: PAPERS. 4OI
265 — Upon rublishing the Determination in the hearing of the
Com'ees of both Provinces The Mass: Com'ee Moved that they might
have Hb'ty to luiter their Protest in writing ag' the same Which the
Court Allowed them to do the next morning — To which time they
Adjourned
19 Ocf 1737 — The Mass: Com'ee Presented their Protest "^suant
to the lib'ty given 'em yesterday, & which Exc'on & Protest is in the
foil words Viz^
[In place of the abstract here entered, this document is given in full
from Masonian Papers, Vol. 4, p. 165.]
Province of "( To the Hon'^''^ the Commissioners Appointed by His
N: Hampshire J Majesties Commission under the Great Seal to Set-
tle the Boundary lines, between His Majesties Province of the
Massachusetts Bay and the Province of New Hampshire in New
England.
The Committee of the Massachusetts Bay on Behalf of the said
Province. Do Except & Protest against your Hon''^ Receiving and
Entering in the Minutes or Records of this Hon^^^ Court, A Vote of
the House of Representatives of the Province of New Hampshire,
Purporting their Greivance and Exceptions at the Judgement of this
Hon'''"^ Court as Plxpressed in said Vote and Exhibited the 14*^ in-
stant, by A Committee without the Appearance of any Power or
Authority from the said Province so to do :
P'or the Following reasons —
P' Because your Hon""^ by the Royal Commission, at this Meeting
are not Enabled nor Allowed to receive any other Matter or thing to
be made part of the Case, but only the Appeal of Either Province.
Now the said Vote being Manifestly and Even by your Hon""^ Own
Opinion upon it, as in your Minutes, The Act of one Part of the
Legislature only, And not of the Whole Legislature which is the
Province, and therefore no Such Vote or Order can be received,
Especially when the Hon''^^ the Council of said Province, have Voted
that it is not for the Interest of the Province of New Hampshire to
Appeal or Defend against any Appeal Made or to be Made from the
Judgement of this Hon'''^ Court, But to Submitt the Matter as it now
Stands to His Majesty s Royal Pleasure.
2diy Forasmuch as the reason Assigned for offering the said Vote
of the House of Representatives is intirely Groundless Viz' That the
Province of New Hampshire was stript of the Benefit of Appealing
by the Prorogation of the General Court of that Province to the day
before the Adjournment of this Hon*^'^ Court There having been full
402 PROVINCE OF NEW HAMPSHIRE.
Oppertimity on Several Days in which His Excellency the Govern-
our has Continued the Whole Gen' Court Sitting, And the said Vote
of Exceptions by the House hath never in all that Time been laid
before Either of the Other Branches of the Generall Court for their
Consideration.
^diy Admitting the said Vote had been the Act of the whole Gen''
Court of New Hampshire, it must have been Exhibited & Laid before
this Hon''''' Court, by such as Were Authorized & Appointed to that
Purpose, Whereas the Persons presenting the said Vote were neither
Authorized nor Directed by the said Gen" Court so to do.
So that upon the whole the Province of the Massachusetts Insist
upon it and Say the said Vote is not the Act of the said Province.
Nor were the Persons who presented the same Authorized or Di-
rected to Present the same as afores'' And therefore to Receive &
Enter the s^ Vote & Make it part of the Case is as the Province of
the Massachusetts Bay Conceive Inconsistent with the Authority,
and Even directly Contrary to the Plain Sence & Construction of the
Royal Commission to this Hon'^'^ Court. And this their Protest the
said Province of the Massachusetts Bay Pray may be Entered in this
Honourable Court and Made part of the Case.
Samuel Welles./
Thomas Berry.
Ben^ Lynde Jun"^
Henry Rolfe
Benj^ Prescott
Committee.
268 — The Court having Directed their Surveyor to Prepare a
Plan or Draft of the Rivers & Boundary Lines referred to & menf^
in their Judgm' He accordingly Performed the same, Which Plan
is annexed to the Proceedings transmitted by the Comm''^
The Court having Proceeded thus far in the execution of their
Comm'on Thought proper to Adjourn to some future day till his
Ma'ties Pleasures sho"^ be known in the prem'es And accordingly
Adjourned to the V^ day of August 1738
The following observations are thought proper to be added to those
in our printed Case Viz'
As to the Northern Line of Massachusetts or Southern of New
Hampshire
I — It is Evident the Massachusets was understood & known to
extend so as to take in 3 Miles beyond Merrimack River & no fur-
ther because from the time of the s^ Judgm' of the King in Council
Anno 1677. their practise was to Grant Lands so far Northward as
nOUNDAKV LINE IWPERS. 4O3
this & no further, nor can any Instance be produced of their grant-
ing further from that time to this
2 — By an Act passed by the Assembly of the Massachusetts in
the 7'*' Year of his present Majesty Entituled
An Act for erecting a New Town within the County of Essex at
a Plantation called pennycook by the name of Rumford.
By which Act after Reciting that Pennycook plantac'on was 7
Miles Square & filled with Inhabitants — And that a Meeting House
was built & an Orthodox Minister settled amongst them.
It is Enacted that the Plantac'on of Pcnnicook in the County of
Essex as the same is thereby bounded shall be set off & constituted
a seperate & distinct Township by the name of Rumford.
And the Bounds of the s'^ Township are thus described (Viz')
Beginning where Contoocook River falls into Merrimack River &
thence to extend upon a Course East 17 Degrees North 3 Miles —
And upon a Course West 17 Degrees South 4 Miles which is the
Northerly Bonds of the s"^ Township & from the other parts of that
Line to be set off Southerly at Right Angles untill 7 Miles & 100
Rods shall be accomplished from the s"* Northern Bounds — And
which Act so late as 21 April 1737 Was Confirmed by his Majestys
Order in Council.
And which we take to be another Declarac'on of the Royall Sence
that this Boundary is to be by the Curve Line we contend for ffor
otherwise & should the Line run as New Hampshire contends for it
will entirely exclude this whole Township which will be then near 30
Miles Distance from the Borders of Either province.
3 — We apprehend a very strong argument arises in favour of the
Massachusetts — Ab Inconvenienti — ffor the Massachusetts people
under Massachusetts Grants have settled all up the River Merrimack
so far as the Crotch and no one Settlem' is made within the 3 Mile
Line Claimed by the Massachusetts under any Grant from New
Hampshire — All the Settlements have been Erected into 30 Town-
ships by Acts of Assembly — the Sctlers have been Subject to the
Laws & paid their Taxes &c to the Massachusetts Government —
And to set aside all these Grants & Rescind all these Laws Con-
firmed too by the Crown would be attended with many publick Mis-
chiefs & Inconveniencies and very great ones too which must neces-
sarily Ensue upon subverting the Judgment of 1677 and in a manner
marking out New Boundarys for the Provinces after an Acquiescence
of so many Years or at least after so many Settlements in Conse-
quence of that Determinac'on, ffor should the Line Intersect Merri-
mack River 40 Miles Southwards of what was formerly allowed to
belong to the late Colony of the Massachusetts it would create the
4P4 PROVINCE OF NEW HAMPSHIRE.
utmost Confusion in such Number of Grants & Townships — And
Arguments of this nature have always carried great Weight with
them & were very lately the ffoundation of an Act of Parliament with
regard to the Jurisdiction of the Master of the Rolls — And Incon-
veniencys affecting Grants and Settlements of ancient Dates & Stand-
ings are always of material Considerac'on in Courts both of Law &
Equity.
4 — For that the Massachusetts Province Extends to the South
Sea by force of the Words as far Westward as our Colony of Con-
necticutt — This is plain by having recourse to the Charter to Con-
necticut which is dated in 1662 & gives them the South Sea for their
West Bounds & Bounds them Northerly on the Massachusetts plan-
tation Wheras if the Line is to be run in the manner claimed by
New Hampshire the Massachusetts will be prevented from extending
Westward as far as Connecticutt contrary to the express Words of
the present Charter
The Objections made by New Hampshire to this Boundary Line.
I ^* Objection — New Hampshire objects that the Settlem' Anno
1677 should have been pleaded in Bar ag^ a new Trial and that it was
vain to have this present Enquiry if any past Settlem* was now good.
Answer — The New Hampshire Committee in the directing their
Answer to the Court of Commissioners Intitle them Commisson''^ to
mark out & settle the Boundarys, which plainly supposes that there
were certain Boundarys before but that they never had been Marked
out & also that they were to be so done by the ancient Deeds Char-
ters & Settlem'^ referred to.
This cannot be thought vain or too trifling for such a Court, when
the Adjustment of the dispute as to the Name the running & Course
of the River Merrimack with which the Northern Line was to run
parrallel continued or took away a Tract of Land abov^e forty Miles
Wide to the end of the Government.
3% It vvas the Southern & Northern Boundarys of New Hamp-
shire & not of the Massachusetts that were to be ascertained & the
Course of their Lines fixed, it was therefore highly incumbent on
them especially when Considered as Claimants to prove & make out
their Boundarys, Now whatever appeared of this nature instead of
flavouring their Line gave strength & support to the Massachusetts
Claim & Right thus
First the Deed to Capt John Mason Nov"" 1629 bounds that Tract
of Land which was then called New Hampshire by Consent of the
Council of Plymouth by the River Merrimack to the furthest head
thereof & then into the Country, Hence it follows that the Dividing
Line could not cross over Merrimack for their Boundary was to fol-
BOUNDARY LINE PAPERS. 4O5
low or was fixed in the River to the furthest head thereof, and had
not this Grant been after that to the Massachusetts it would indeed
have excluded their 3 Miles Claim on the Northern Side of the River
but the Massachusetts Grant was prior to Masons Grant and must
therefore so far entirely set aside & render invalid Masons Deed
Note Mason had a prior Deed to this, but it was never Authen-
tick having but six hands Whereas the Grant to the Council at Ply-
mouth from King James expressly requires seven hands at the least
to make an Act valid. And it was from Masons Deed of 1629 that
New Hampshire took it's Name.
2^'>' The CoDiuiission to President Cntts* Kx\XiO 1679 two Years
after King Charles's Settlem' 1677 & when the matter was fresh in
Memory was that which created a Government & is the alone Foun-
dac'on on which that province must stand unless they can shew any
Addition to their Bounds & Limits by some New Grant from the
Crown, and that too of Lands not before Granted Now this Commis-
sion first bounds them Three Miles North of Merrimack or any part
///£'r^^& 2'^'y the King thereby declares that the Government oi s'^
Province of New Hampshire so limitted & bounded had never yet
been Granted^ and then his Majesty by these Letters Patents creates
& gives them the power of Government 3^'y His Majesty by these
Letters Pattent declares that Robert Masons Ancestors had obtained
a Grant of tJie Soil of s^ Tract which answers to the afs'^ Deed dated
1629 Save only that whereas the King by his Settlem' ^^77 had ad-
judged 3 Miles North of Merrimack & every part thereof as the River
ran to belong to the Massachusetts so he justly cutts off & Abscinds
from the Grant of Mason & make his new Government to Correspond
& agree with the said Settlement.
All the following Commissions (the Charters of New Hampshire
Governm' if they may be so called) give the Sense of Crowned Heads
& in all of them the Southern Boundary of New Hampshire is ascer-
tained & fixed to three Miles Northward of Merrimack or any part
thereof & these Commissions are all that give the Boundarys
But then New Hampshire Object
2"* Objection — That it appears from these Commissions that the
Crown well knew New Hampshire Extended further than the Bounds
menc'oned in these Commissions as is Evident from the words All
THAT PART of New Hampshire which implys New Hampshire to be
of larger Extent & to contain all the Land not comprehended within
the Massachusetts Charter.
Answer — These Words at the time they were Originally incerted
in these Comis'ons were plainly done with a view to Masons Grant
* Printed, State Papers, Vol. i, pp. 373-382.
406 PROVINCE OF NEW HAMPSHIRE.
which Grant first gave the Name of New Hampshire to all the Lands
included in it & his then Majesty having by the s'^ Determinac'on in
16"] '] filially adjudged \.\\2X part of the Lands included in that Grant
to Mason were belonging to the then Colony of the Massachusetts his
Majesty at the time when he issued his first Comis'on to New Hamp-
shire that he might not be thought to break in or Infringe upon the
said Judicial Determinac'on & to guard ag' all possibility of a Con-
struction of that kind Describes the Territory of New Hampshire in
this Comis'on so as that it might not be Construed to extend to that
part of the Lands which by the s'^ Order in 1677 were determined to
belong to the Mass"" Colony And to shew that the Gov""^ by Virtue of
these Comis'ons were to have a Jurisdiction only over such part of
the Lands in Masons Grant as were contained within the Bounds laid
down in their Comis'ons & which Comis'ons were manifestly framed
so as to be conformable to the Judgment of 1677 — The other part
of that which was Originally called New Hampshire by Masons Deed
being by the said Judgment determined & adjudged to be within the
Massachusetts Colony.
3^^ Objecc'on — New Hampshire object & insist that Gov'' Belcher's
Comis'on makes him Gov"" of New Hampshire generally without men-
c'oning any Bounds & would from hence inferr the Sense of the
Crown that all the former Descripc'ons in the preceeding Commis-
sions were erroneous & ill warranted.
Answer — As To which it is to be observed that the Boundarys of
that Government being ascertained in the first Comis'on 1679 ^ ^^
the after Comis'ons to five Governors being all that part of New
Hampshire (according to the first Grant 1629 which the King had to
give the Government of, it was now become needless to describe it
by it's Boundarys the Bound^^ being so known & fixed for such a
Course of Years & now that part so described in the former Com-
is'ons by prescription & becomes & is determined the province of
New Hampshire And this further appears to be the true design of
the last Commission for had the King intended to have enlarged or
further extended that Governm' it wo'^ have been by giving new &
certain Bounds & not by barely giving the Government of New
Hampshire which must when alone referr to certain Bounds men-
c'oned & determined in some prior Grant of Governm* & this is es-
pecially done in the first Comis'on to M"" Cutts & as the Boundarys
had been so solemnly decided by the Judgm' of 1677 & for above 50
Years afterwards (Viz*) till 1730 known by the same Descripc'on as
those in the Judgm* & used in all succeeding Comis'ons in that Sense
— the Name & Bounds of New Hampshire were thereby become so
certain & notorious as to render it wholly unnecessary to continue
BOUNDARY LINE PAPERS. 40/
the particular Descripc'on in any future Comis'on for that province
any more than in those for the Massachusets.
But most certainly it can never be argued from a mecr Ommission
that his Majesty intended to overthrow a Judgm' & the Sense of his
Predecessors with regard to the Limits of New Hampshire for 50
¥■■* before Nor is there the least Intimac'on thro the whole of the
present Gov'^ Comis'on that New Hampshire was to comprehend
more than it did formerly
But to beat New Hampshire out of this Argument The Settlement
by Lieutenant Gov"" Usher & Council soon after the Massachusetts
present Charter Viz* 1696 plainly declares their own Sense of the
Boundarys which are run by the return of their Committee parrallel
with the Courses of Merrimack agreeable to the Line we now Claim
Objecc'on 4 — New Hampshire in their Reply further Object &
strongly insist on the Instrucc'on to Governor Belcher — His Rec-
ommendac'on & the General Courts passing an Act for setling the
Boundarys & thence argue that it must from hence be supposed they
never had been setled before.
Answer — It's true the Lines were never marked out & so ascer-
tained and therefore the Massachusetts made an Act to have that
done according to the ancient Grants Settlement & Records & this
is often the Usage between private Persons whose Boundary tho de-
termined by their ancient Deeds or Agreem*^ yet on a Controversy
arising touching the Markings & meeting out such Boundarys leave
it to indifferent Judicious persons to settle & make certain the same
but thereby noways Forego any ancient well made Settlem*, & this
is all that was designed by the afs"^ Act
Besides this is Objecting ag' what appears upon Record & there-
fore can be of no Weight
Objecc'on 5 — The New Hampshire Committee Object & protest
ag' our Evidences (Viz') That all our Witnesses were persons Inter-
ested all of the Massachusetts being Tenants in Common to the Soil.
Answer — This is no Objecc'on None of our Witnesses appearing
to be Landholders Besides the little time allowed Us to procure our
Evidences prevented our getting Persons in the other Governments,
And two ancient Indians were summoned who lived all their days
near & about the River, but tho spoke with could not be brought
down in time & then the matter proved (Viz*) the Name Merrimack
was so known & acknowledged even by the New Hampshire people
that we could hardly imagine any one of them would have pretended
to deny what was so plain nor was one evidence produced to the
contrary
For as to the River being Merrimack even to the Crotch at Winni-
pisiokee over & above what all the Evidences declare we offerr
408 PROVINCE OF NEW HAMPSHIRE.
i^' — Ancient Evidences taken from the Natives who gave the
Name & were best acquainted with the River its' Courses & Reaches
2t)iy — Ancient Deeds as first the Indians to Wheelwright 1629
which also (if duly observed) shews the early knowledge of Merri-
macks running Northerly So also the Deeds to Tyng & others where
the River up as far as pennicook 30 Miles after the Turn Northward
is called Merrimack
3^ — Ancient Mapps of the Country printed in England must be
well known there before the Settlem^ 1677 especially to the 2 Chief
Justices Rainsforth & North who were then informed by the Massa-
chusetts of the Course of the River
^thiy — That New Hampshire Governm' themselves call the River
Merrimack many Miles above the Turn at pantuckett as in the Grant
of the Town of Chester N° 57
^thiy — ^g Truth itself will always burst forth even from the Mouth
of an Opponent so in the New Hampshire Answer N° 11. they called
the River Merrimack from Wiwiipisiokee even to tJie MoiitJi at New-
berry & describe it Pai^e 34 as ru lining 35 Miles Westerly 6" 55 Miles
Northerly, & indeed almost always when they have occasion to men-
tion the River they give it the Name w'ch it always had & ever
will be called by.
gthiy — ^g |-]^g province of the Massachusetts on the Recommenda-
c'on of the Com""^ Agreed on the plan of Merrimack & presented it to
the Court, So New Hampshire Governm' came into & agreed that it
was a true plan of the Course or run of the Water from Winnepesio-
kee to Newbury & from the plan on the face of it It appears to be
Merrimack River to the Crotch.
The Exception to the Witnesses cannot avail for supposing they
were interested in the Soil that could not disqualify them as Wit-
nesses where the Line of Jurisdicc'on was only on Trial — 4'''"'>' The
New Hampshire Witnesses as to the Black Rocks are full as much
parties as any the Massachusetts can bring.
Ob'con O^ — New Hampshire Comittee Object that the Course of
the River Merrimack runing 50 Miles Nearest North Renders it
Impossible to Suppose that a Line paralell with such a River should
be the Northern Side of any province or Tract of Land.
Answer i^^ — The same Difficulty Arose on the Determination &
Judgm^ passed on the Grant in the old Charter & yet those learned
Judges who then Determined this Matter on a Solemn Argument &
a full Representac'on of the Matter '^ticularly the Courses &
Reaches of the River as Appears by the Representac'on finally
adjudged such a parralell Line as far as the River Run to be the
Boundary of that Colony now Incorporated with others without any
Diminution or taking; from it
BOUNDARY LINE PAPERS. 4O9
2diy — Whatever little Difficulty may seem to arise on such a Con-
struction It Vanishes when it is Considered that the King by his
Grant Gives first all the Lands Extending from the Great River
Merrimack on the North part to such a Certain Boundary on the
South Surely then all the Lands lying on Merrimack & to the South-
ward of it untill it comes to the other Boundary belongs to the Mas-
sachusetts & as an Addition The King further Gives 3 Miles Nort-
ward of the said River which plainly Intends 3 Miles of the other
Side of said River as it runs but
-ci'y — Xhe ffact being truly Stated vizt That the Generall Course
of Merrimack from the Bend to the Crotch with allowance for varia-
tion running 15 Degrees or more than a point h to the west of the
North fully resolves the Difficulty & makes all these Lands that lye
within three Miles of the River on that Side truly & Liberally Lands
to the Northward of the River & so must be within the New Charter
Limitts
^thiy — Lg|- ^sjew Hampshire Solve the Difficulty by their own
Claim in which they make the Northern Line of their province a
River Running in ffact & truth full as much Northerly as Merrimack
& thence when the Charter gives a Line North westward they Inter-
prett that to be a Line running North 2 Degrees & i west & makes
it the Northern Boundary of their province Surely then those that
can Reconcile the Difficulty of a Line runing North 2 Degrees & ^
west being a Northern Boundary may with much greater Ease Solve
the Difficulty of a Line running Northerly 15 Degreee west
jthiy — A piaj^ Qf New Hampshire province bounded and prescribed
as the Massachusets Claim according to the Course of the River
makes the whole Evident & Removes every Doubt from all Unpreju-
diced Minds for the Courses of Merrimack & Newichawannock run-
ing near paralell to each other & about as far Northerly gives New
Hampshire its full Compass & Extent (&this Clears up & Evidences
the design & Intent of King Charles in both his Grants who from
one & the same Reason (Viz') the River being a ffixed Unalterable
Boundary gives to the Massachusets a Line Running paralell with
the River Merrimack & knowing that River Turned and run Consid-
erable Northward Chose from the other River Newichwannock the
Northermost River from Piscataqua Harbour & which runs about 40
Miles Northerly nigh parallel to Merrimack & to near the same Ex-
tent for a Northern Boundary to New Hampshire
Objecc'on y^^ — The new Hampshire further Object to our having
Councill for Com''^ where they Say they could not possibly have the
advantage of able Lawyears
Answer — This Objection is Ridiculous — ffor New Hampshire
4IO PROVINCE OF NEW HAMPSHIRE.
might Certainly have and as able Lawyers as any on the Continent
of America & in ffact they had two as able Lawyers (viz*) M"" Atkin-
son & M"" James Jeffrys both Eminent pleaders & had they Needed
others they had time & Opportunity Enough to Engage other Gent,
of the Law who were belonging to themselves & Generally Attended
the Tryall
8'"^ C)bj'on — New Hampshire further Objected before the Com''^
against the Courts Receiving as Evidence any Deeds Charters &c.
that Related to the time of the Massachusets old Charter insisting
they had no Relation to the present Controversy which Entirely de-
pended upon the present Charter
Answer — But New Hampshire have themselves furnished us with
the Strongest Answer possible to this Obj'on by having themselves
Produced before the Comm""* the Claims Set up and Defence made
by the Massachusets Colony in 1677 and upon which that Determin-
ac'on was made — Besides if the present Charter Comprehends all
the Lands that were Included in the former Charter to the Massa-
chusets Colony then this Determinac'on in One Thous*^ Six Hundred
Seventy Seven has finally Settled this Question — And it is further
of Consequence to Shew by Deeds and Grants how possession has
gone and what has been the Opinion and Estimation of the Country
— There is Likewise this further Clear L'se to be made of the Deeds
and Grants prior to the present Charter viz* to Evidence and Show
that the River Merrimack was called and known by that Name up as
far as We Contend for long before the date of the present Charter —
A Matter of ffact which New Hampshire Denys and of which there
Cannot possibly be Stronger or better Evidence than what Arises
from Antient Deeds & by Wannalansets to Jon^ Tyng dated lo***
Oct. 1685 the River is called Merrimack 6 Miles above Pennicook
and the same thing Appears by severall other Deeds We therefore
think this Objection can have no manner of Weight with it
Observations on the New Hampshire Evidence
Note — New Hampshire produced a Writt & Judgm'of the Mass :
in 1733 between Carlton & Adams for Land lying within the Bounds
of Kingstown which they Insisted lay within the pr° of New Hamp-
shire & which they did to Show that the Courts of the Massachusets
had Usurped a power over part of the province of New Hampshire
by Trying the Title of Lands in New Hampshire at the Courts of
the Massachusets
But please to Observe that the Lands Sued for in this Action Ap-
pear by the Record of the proceedings to lye in Havrill which let the
Line run either as they or we Contend for is Undoubtedly within the
Massachusets province as Clearly Appears from the plan.
BOUNDARY LINE PAPERS. 4II
Besides it Appears from the Record that the pica to was
Waived & the Cause tryed upon the Merrits by Consent and the Town
of Havrill is an Antient Town Grant, by the Gov"" of the Massachusets
Settled and ever poss'ed by them — But if the Case had been other-
wise It was but one Single Instance & the Act of a Single Court
which can never be Considered as the Act of the Gov'' & this Shows
how Groundless the New Hampshire Clamours are of ever having
Encroached upon their Line when they could find out only this
Single Instance to give of it & that an Instance Clearly ag' them
For whatever Grants the Massachusets had made prior to the Det"
in 1677 Immediately after the Det" of the Massachusets made it fully
Appear they withdrew all their Grants to any persons in any of the
Towns in New Hampshire in Obedience & Conformity to the s^ Det"
Note likewise — New Hampshire produced an Order of the Gov''
& Councill of that province in the year 1726 by which a Com'ee were
Appointed to go & forbid any '^sons possessing & Settling any of
his Majestys Lands within the Limitts of New Hampshire under any
Grant from the Massachusets at or near Pennycook — But
Note — It does not Appear that any of the Massachusets Settlers
at Pennycook were forbid to go on with their Settlements under this
Order & which if it had been done must have Appeared in the Jour-
nalls of the New Hampshire Counc' by the Return which the Com'ee
must have made
The Influence from which is very Strong in our favour is Clearly
this that the Settlers there not going beyond the 3 Mile Line were
not deemed by the New Hampshire Com'ee to be Encroachments or
Settling on the Lands of New Hampshire Whereas if this Line was
to be run as New Hampshire now Contend the Settling in any part
of Pennycook tho even on the other side Merrimack was on the New
Hampshire Lands And that it Appears by the afores*^ Act 7° Geo :
2^^' that the Massachusetts have made a Settlement there of 7 Miles
Square & which has been Erected into a Town by Act of Assembly
Confirmed by the Crown & that without any the least Objection
from the New Hampshire people & which is the Strongest Evidence
possible that New Hampshire themselves Considered this Settlement
as in the province of the Massachusets & which it is Impossible it
should be unless this Line is to run in the manner we Contend for.
Note — New Hampshire likewise Examined 5 Witnesses in Order
to prove that what the Massachusets Insist on concerning the altera-
tion of the Mouth of Merrimack & that the Black Rock formerly
made part of the Mouth is ffalse & a Misrepresentation of the ffact,
But
Note — What all these Witnesses Say is principally Negative that-
they know of no Alteration at the Rivers Mouth & all they Say Af-
412 PROVINCE OF NEW HAMPSHIRE.
firmatively is that they have lately viewed the Rivers Mouth & that
it Appears to them as it did ever Since they have known it & all
these witnesses live at a Great Distance from the place they are
Speaking of & it is no Great Wonder if they Should be Ignorant of
what was so Gradually & Impracticably done as the Change of this
Rivers Mouth Considering too that it was out of the way of their
daily Observation
Whereas we have by our Witnesses proved this ffact in the fullest
manner possible & have Shewn the Occasion & manner of this Al-
teration which by our Evidence Appears to be this — There was
formerly a Shoal Spit of Sand Runing without the Mouth of the
River on which the Sand Gathered by Degrees and Joyned itself on
the North Side of the Rivers Mouth & our Witnesses too further
prove in the Affirmative & in the Clearest manner possible that the
Black Rocks were formerly on the North Side of the Mouth of the
River & that there has been a Breach Raised within these 60 Years
which they now mend Yearly whereby the Mouth of the River runs
or is now near a Mile more Southward;
Observe — New Hampshire Objects to our Witnesses on Ace' of
their being Sworn twice & for that we had thereby an Opportunity
to Conferr with them which Occasioned a Difference in their Evi-
dence but the reason of their being Sworn a 2'' time Appears from
the proceedings and was to Avoid all Disputes on Account of their
Deposic'ons being brought into Court ready Wrote And that New
Hampshire might have full Opportunity of Cross Examining them —
As to Conferring with the Witnesses All partys are known to do
that before the Witnesses are Examined & otherwise it would be Im-
possible to be properly provided in any Case — Indeed was there any
Matteriall Difference between the 2^ & the first Evidence that
would be an Obj'on of Weight but there is no Instance of any Differ-
ence in the Testimony of our Witnesses Save only that one of them
makes 4 or 5 Years Difference to his Age Owing to a Mistake on
that head in the Written Deposic'on which is not at all Matteriall
One way or other
We therefore hope the Lords will Determine in favour of the
Curve Line contended for by the Massachusets
We likewise hope the Lords will Vary that part of the Determina-
tion of the Com''^ by which they have declared that the Line is to
run West till it meets with his Majestys other Governm'* & that it
shall be dUrcted to run but 60 Miles beca?ise that is the Utmost Ex-
tent of Neiv Hampshire as fully Appears from the Reasons in our
printed Case to which we will only add that Masons Grant of 1629
Ends at 60 Miles from the head of Merrimack so New Hampshire
BOUNDARY LINE PAPERS. 4I3
l^ounds ought to End there too & the Com"^ Judgment should hav^e
Extended no further & what is more is against or without any Au-
thority in the Comis'on
W'ith Regard to the Southern Boundary of the Massachusets or
the Northern Boundary of New Hampshire
As the Determinac'on of this Boundary Depends iipon the MatJie-
niaticall Construction of the North Westzvard in the Massachusets
Charter in Order that we might have the best Satisfaction possible
how this Dividing Line ought to run upon the point of the Compass
we laid the Charter before D'' Halley & desired his Opinion how this
Line ought to run Conformable to the true Naturall & Genuine
meaning of the word North Westward & upon which the whole of
the Oue'on with regard to this Boundary will turn & accordingly D""
Hally was so kind as to give us his Opinion upon it in the following
words & which Opinion under his hand we have ready to produce
The Opinion of Doctor Hally Astr Reg —
'' Whenever a Line is intended to be run North a Small Matter to
" the West the Usuall W^ay of Expressing it is by the word North
" Westerly or if Accuracy is Required as in Boundarys of Lands with
" the Addition of how many Degrees it is to the Westwards of the
"North but by North JJ'estward is also Understood to be meant a di-
" rection tending into the North West or i?i the Middle between the
" NortJi & IV est.
" Now the Com''^ in favour to the pretences of New Hampshire
" have been Willing to L^nderstand North Westward as Synonimous
" to North Westerly & in so doing have in my Opinion Comitted a
" Manifest Absurdity in making a North Line the Northern Boun-
" dary which Cannot be any other in this Case but an Eastern Boun-
" dary to New Hampshire Whereas a North West Line Answers the
" Intent of the Charter bounding it on the North.
" Also in the Description of the Eastern Boundary in the same
" Charter the like Expression is Used Viz^ North East Ward from
" the Mouth of Piscataqua Harbour to Sagadohock along the Sea
" Coast Now it's Evident that that Tract of the Coast Runs nearly
" due North East & not North 2 Degrees East these two things I
"am of Opinion are little less than a Demonstration of the Intent of
" the Charter
" One thing more is left in the present Case Undecided whether
" the North or North West are to be taken according to the direc-
*' tion of the Magneticall Compass or of the true Meridimi there being
" at this time in New England ab^ a point Variation to the West
" which will make a very Considerable difference in the Boundary
414 PROVIN'CE OF NEW HAMPSHIRE.
" Line as the One or the other is Applyed for two Degrees North
" Westerly from the true Meridian will be no less than 9 North
" Easterly from that of the Compass and the true Nortli West zvill
" become NortJi West by North by Compass
Note we have likewise another Mathematician M"" Warner who
will Attend at the Hearing of this Matter to Offer his Opinion to
their Lo'pps Viva Voce & who Entirely Agrees with D"" H alley in
every part of his Opinion tho We think there can be very Little Oc-
casion for his being called to this point which must be very Clear to
every one who has but the least Knowledge of the Mathematicks
ffor every one knows there are 32 points in the Compass & that
the 4 Cardinall points are East West North & South and that every
Single point hath 1 1 Degrees i 5 Minits so that from North to North
West (which Contains 4 points of the Compass is 45 Degrees which
to run upon a Streight Line for any Considerable Distance must
make a Vast Difference between that and a Line to be run due
North or two Degrees to the Westward or Westerly of the North.
When any one Expresses a Line to be Run North Ward-South
Ward-East-Ward or West-Ward every Body Understands by this
a Line to be run due North due South due East or due West & it
would be preposterous against a Common Sence to Understand it
otherwise
So Consequently for the Lesser points when the Line is Ordered
to be Run North Westward It must by the same Rule be Understood
to run Streight upon that point of the Compass direct which is the
Naturall and Mathematicall Construction of it & cannot possibly be
taken in any other Sence
And from hence it Clearly follows that when a Line is Directed to
be run North Westzvard that Line must run diie North West & to .
say it shall be Run North 2 Degrees West is altogether ridiculous
for one might as well Say it should be be at one or two Degrees west
from the North point as 2 Degrees because in taking the word in
that Sense it must be Indefinite & Cannot with Truth & Justice be
Reduced to a Certainty
We likewise Apprehend it"s very plain from the Nature of the
present Subject North Westward can mean Nothing but North West
in this place for it's here Applyed in the Description of a Tract of
Land & when the Description of the whole Boundarys are Compared
— together & the sev' Terms of running up into the Land Crossing
on the Land & passing along the Sea Shoar are Considered with this
that the Sea Shore doth Actually lye North East & South West
there the meaning of North westward will Appear with the Greatest
Certainty to be as the Massachusets Contend for & that in a more
HOUXDARV LINE PAPERS. 4I 5
Confirmed Way than any Equiv'alent Explanatory Terms from any
of our Greatest Mathematicians can possibly give them for if the
Line is to run North Westerly as the Com''^^ have Determined then
this Line Instead of -a Northern will be an Earnest \_Eastern'\ Boundaty
to Nezv Hampshire Whereas a North West Line as D^ H alley very
jtistly Observes Bounds New Hampshire on the North And thereby
Answers the Intent of the Charter And it is Difficult to Conceive
how any one after having Consid^' the whole of these Boundarys &
Compared them with one Another can ever think that in the De-
scription of this Square the Course of the two first men'coned Sides
(viz') North Westward should mean North two Degrees westerly &
North Eastward should mean North two Degrees Easterly — Or that
they can Admitt of any other Construction than that Contended for
by the Massachusets.
We therefore Apprehend it to be Exceeding plain that the Com"
ought to have Determined this Line to run due North West
We likewise Apprehend this Line ought not to have been directed
to have been Continued till it meets with his Majestys other Gov-
ernm*^ bnt only till 120 Miles zoas finished ior the Reasons menc'oned
in our printed Case & for that the province of Main goes no further
than 120 Miles & New Hampshire on that Side is Bounded by the
province of Main
Note — New Hampshire has Appealed from the Com''* Determin-
ac'on of this part of the Line for that the Com'* have not given them
the luhole River of Piscataqua Insisting they have always had the
Jurisdiction of the whole River & that they have built & maintained
a ffort on the Massachusets Side of it
We have fully Answered this Objection in our printed Case & ab-
solutely Deny the truth of the ffact here laid down & Neiv Hamp-
shire have not made the least proof in Support of what they now Insist
on & the words of the Grants are very Clear & plain with us And
upon this ffact being Asserted in the New Hampshire Appeal which
was the first time it was ever mentioned & therefore we could not
Examine to it below the Massachusets got two Gent, of Great Credit
to make the following Affid' which we have Transmitted under the
province Seal.
Affid' Rich^ Cutt Esq"" & Capt. W" ffrost Sworn 13"^ Dec'' 1737 —
That they were born near Piscataqua River & lived there all their
days & are well Acquainted with the said River — that there are sev-
erall Islands lying within the Mouth of the said River some of which
lay nearest to the province of Maine & others Nearest to New Hamp-
shire — That all those that lay Clearest to the province of Maine & on
the North Side of the Great Ship Chaniiel have ever since their Mem-
4l6 PROVINXE OF NEW HAMPSHIRE.
ory been accounted to belong to Kittery in tJic province of Main and
Jiave paid Taxes ///^;r Except a Small Island called Clarks Island con-
taining about 3 or 4 Acres on each Side of which runs a Ship Chanel
That all the other Islands that lay iiearest Ne%v Hampshire have been
Accounted to belojig to New HampsJiire and have paid Taxes their
Note The said Richard Cutt lives at Kittery in the Massachusets
province & Cap^ jfrost is aji InJiabitant of Neiv Castle in New Hamp-
shire
Note by Comparing S"" fferdinando Gorges Grant (which was
plainly designed to Convey a Square Tract of Land with the Massa-
chusets present Charter) there Appears to be a whole Line of the
Bounds in Gorges' Grant left out of the Charter tho it seems to be
necessarily Understood by the Terms Exprest in the Charter./
[Masonian Papers, Vol. 4. p. 166.]
The aforewritten Exemplification (Consisting of Papers as Num-
bred in the Margins of y^ Sev^ sides) contains a true Copy of the
whole proceedings in the Controversy between the Provinces of the
Mass^ Bay & New Hamp"" respecting their Boundary lines, which We
Attest under Our hands at Hampton in New Hampshire this 19*^
day of October In the Eleventh year of the Reign of Our Sovereign
Lord George the Second by the Grace of God of Great Britain
France & Ireland King Defender of the Faith &c, Annoq Dom~
1737- —
V Commiss''^
[Masonian Papers, Vol. 4, p. 167.]
May it please your Lordships.
In Obedience to His Maj*>'^ Royal Commission under the Great
Seal of Great Britain to us (and others) directed, appointing us Com-
miss""^ to Settle y'^ Boundary Lines between the Province's of the
Mass^ Bay & New Hampshire, we have in pursuance thereof met
divers times at this place, (with others of y*^ Comm""' now absent) and
fully heard both parties & duly Considered their several pleas Evi-
dences & proofs to us produced, and made up Our Judgment & de-
termination thereupon ; All which will fully and at large appear by
y'' Exemplification of the whole proceedings herewith Inclosed ; And
BOUNDARY LINE PAPERS. 417
as we Esteem it Our Duty (more especially as Our Judgm' or Deter-
minac'on is Conditional in part) to lay the Same before his Most
Sacred Majesty for his Royal Will & pleasure to be Signifyed therein,
So we have Transmitted y"" Same to Your Lordships for that purpose,
and have Adjourned the Court to y'^ first day of August next, in Or-
der to receive Any further Commands from His Majesty touching
this affair, more particularly with respect to Stating & marking out
Such Monuments & Boundaries as Shall be thought requisite, ac-
ccn'ding as y" Boundary lines may be determined in His Maj'^'' Great
wisdom. — We are with all due respect. Yo"" Lordships
Most Obed' & Most hum' Serv'^
Hampton New England Eras: J: Phillips,
October iq'*" 1737. — Otho Hamilton
John Gardner
John Potter
Ezek' Warner
Geo: Cornell.
The R^ Hon'^'-^ the L'^^ ConT"^ for Trade & Plantations.
\Ex tracts of Covunissions.^
[Masonian Papers, Vol. 4, p. 168.]
William and Mary by the Grace of God, King & Queen of E^ngland,
Scotland, France & Ireland Defender of the faith &c''' To our trusty
& well beloved Samuel Allen Esq"" Greeting. — We reposing especial
trust and Confidence in the prudence courage and loyalty of you the
said Samuel Allen, out of Our especial Grace certain knowledge &
mere Motion have thot fit to Constitute and appoint, and by these
presents do constitute & appoint you the Said Samuel Allen to be
Our Governour & Commander in Chief of all that part of Our prov-
ince of New Hampshire within our Dominion of New England in
America, Lying & extending it self, from three miles northward of
Merrimack River or any part thereof, unto the Province of Main
with the south part of the Isles of Shoals. —
Copy of an intire paragraph in the late Governor Allen's Commis-
sion bearing date the first day of March in the fourth year of King
William & Queen Mary. —
Certifyed 1^ Rich" Waldron Sec'^y
William the third by the Grace of God, of England Scotland
France and Ireland King Defender of the faith &c^
To our Right trusty, & right well beloved Cousin Richard Earl of
Bellomont Greeting. — We reposing especial trust and confidence in
4l8 PROVINCE OF NEW HAMPSHIRE.
the prudence courage and loyalty of you the said Earl of Bellomont,
of Our especial grace certain knowledge & mere motion have tho't
fit to Constitute and appoint, and by these presents do constitute and
appoint you the said Richard Earl of Bellomont to be Our Governor
and Commander in Chief of all that part of Our province of New
Hampshire within Our Dominion of New England in America, Ly-
ing and Extending it self, from three miles Northward of Merrimack
River or any part thereof unto the Province of Main, with the south
part of the Isles of Shoals —
Copy of an intire paragraph in the late Earl of Bellomont's Com-
mission bearing date the Eighteenth day of June, in the ninth year
of William the third —
Certifyed f Rich^ Waldron Sec"^'
Ann by the Grace of God of England Scotland France and Ireland
Queen, Defender of the faith &c^
To our trusty and well beloved Joseph Dudley Esq' Greeting. —
We reposing special trust & confidence in the prudence courage and
loyalty of you the said Joseph Dudley, out of Our especial Grace
certain knowledge and mere motion have tho't fit to Constitute and
appoint and by these presents do constitute and appoint you the said
Joseph Dudley to be our Governour & Commander in Chief of all
that part of Our Province of New Hampshire within Our Dominion
of New England in America, Lying and Extending it self from three
miles northward of Merrimack River or any part thereof unto the
province of Main with the south part of the Isle of Shoals. —
Copy of an intire paragraph in the late Governor Dudley's Com-
mission dated the first day of April in the first year of Queen Ann
Certifyed f Rich'i Waldron Sec''y
George by the Grace of God, of Great Britain, France & Ireland
King, Defender of the faith &c^ — To our trusty and well beloved
Samuel Shute Esq"" Greeting. —
Whereas We did by Our Letters Patent, under our Great seal
of Great Britain bearing Date at Westminster the seventeenth day
of March in the first year of our reign Constitute and Appoint our
trusty and well beloved Elizeus Burges Esq*" to be Our Governor &
Commander In Chief, of all that part of our Province of New Hamp-
shire within OUR Dominion of New England in America Lying and
Extending it self from three Miles northward of Merrimack River or
any part thereof unto the Province of Main with the south part of
the Isles of Shoals for and during our pleasure, as by our said recited
letters patent relation being thereunto had may more fully and at
large appear —
BOUNDARY LINE PAPERS. 4I9
Now KNOW YOU that We have Revoked & determined and by
these presents do revoke & determine our pleasure aforesaid, and
Every clause Article & thing in our said Recited Letters patent con-
tain'd & thereby granted. — And further know you, That We re-
posing Especial trust & Confidence in the prudence courage and
loyalty of you the Said Samuel Shute, of our Especial Grace certain
knowledge & mere motion have tho't fit to Constitute & appoint, and
by these presents do constitute and appoint you the Said Samuel
Shute, to be Our Governor & Commander In Chief, in and over all
that part of our Province of New Hampshire within our Dominion
of New England In America, Lying and Extending it self, from three
Miles northward of Merrimack River or any part thereof, unto the
Province of Main, with the south part of the Isles of Shoals. —
Copy of Several Paragraphs in the late Governor Shutes Commis-
sion bearing date the fifteenth day of June in the second year of
George the first.
Certify ed ^ Rich'^ Waldron Sec'-y
George the second by the Grace of God, of Great Britain France
and Ireland King, Defender of the faith &c^ To our trusty and well
beloved William Burnet Esq/ Greeting. — Whereas our late Royal
Father of blessed Memory, did by His letters patent, under His
Great Seal of Great Britain, bearing date at Westminster the fif-
teenth day of June in the second year of His Reign constitute and
appoint Samuel Shute Esq"" to be Governor & Commander in Chief
of all that part of His province of New Hampshire within His Do-
minion of New England in America Lying and Extending it self
from three miles northward of Merrimack River or any part thereof
unto the province of Main with the south part of the Isles of Shoals
dureing his will & pleasure, as by the said Recited Letters Patent
(relation being thereunto had) may more fully and at large appear ; in
which said office by virtue of the Statute in such case made & pro-
vided, the Said Sam' Shute was continued for the space of six months,
from the time of the demise of Our said late Royal Father, and by
virtue of our Royal proclamation for that purpose Issued bearing date
the fifth day of July in the first year of Our Reign he is continued
until OUR pleasure be further known or other provision be made Con-
cerning the said office Now know you that We have revoked & de-
termined and by these presents Do revoke & determine the Said
Recited Letters patent and Every clause Article and thing therein
contain 'd and him the Said Samuel Shute We do remove from the
said office by these presents — And further know you that We
Reposing especial trust & confidence in the prudence courage and
loyalty of you the said William Burnet, out of Our Especial Grace
420 PROVINCE OF NEW HAMPSHIRE.
certain knowledge & mere motion have tho't fit to constitute & ap-
point, and by these presents do constitute and appoint you the Said
William Burnet to be our Governor & Commander in Chief of all
that part of our province of New Hampshire within our Dominion
of New England in America Lying and Extending it self from three
miles northward of Merrimack River or any part thereof unto the
Province of Main with the south })art of the Isles of Shoals during
OUR will & pleasure.
Copy of Several Paragraphs in the late Governor Burnets Commis-
sion dated the seventh day of March in the first year of His present
Majesty's Reign —
Certifyed f Rich^ Waldron Sec-^'
\_Extract fyo}}i Gov. Belcher' s Connnission.~\
[Masonian Papers, Vol. 4, p. 169.]
George the second by the Grace of God of Great Britain France
and Ireland King Defend"" of the faith &c^ To Our trusty & well
beloved Jonathan Belcher Esq"" Greeting — Know you that We re-
posing especial trust & Confidance in the prudence courage and loy-
alty of you the said Jonathan Belcher of our Especial Grace certain
knowledge and mere motion, have tho't fit to Constitute & appoint,
and by these presents do constitute and appoint you the said Jona-
than Belcher to be Our Governor and Commander In Chief of our
province of New Hampshire within our Dominion of New England
in America —
And We do hereby likewise give and grant unto you, full power
and Authority, by & with the advice of Our said Council to agree
with the Inhabitants of Our Said province for such lands tenements
& hereditaments as now are or hereafter shall be in Our power to
dispose of and them to Grant to any person or persons for such terms,
& under such moderate Quit rents services Acknowledgments to be
thereupon Reserved unto us as you by and with the advice aforesaid
shall think fit, which said Grants are to pass and be sealed by our
Seal of New Hampshire, and being Entered upon Record by such
Officer or Officers as you shall Appoint thereunto shall be good &
Effectual in Law against Us our heirs & Successors. —
Copy of two Intire paragraphs in the Commission of King George
the second to Governor Belcher bearing date the twenty Eighth day
January in the third year of His Majesty's Reign —
Certifyed f Rich^' Waldron Sec'>'
BOUNDARY LINE PAPERS. 421
\JMeuioraiida of Dates and Events.'\
[Masonian Papers, Vol. 4, p. 170.]
memorandums —
Colony of y" Mass'' Bay Erected into a Corporation Gov'"^ in 4"'
year of King Charles y^ first y*^ 4'^ day of march 1628 —
Prov* of Main erected 1639 by D"
Commissioners Court for Settling Boundaries between y* Prov^' of
Mass'* Bay & N : Hampshire sot Aug: 1737
Kingston Charter granted by Leiu' Gov'' Usher in y'^ Sixth year of
y" Reign of William & Mary anno Domini 1694 —
King James 3^^ day Nov"" 1620 -in y*^ 18'** year of his Reign Granted
to y^ Council of New England S5 their successors & assines y' part of
y^ main Land in america lying between y*^ degrees of 40 & 48 north
Latitude to be held after y'^ manno of East Greenwich in y*^ County
of Kent 8l^^ &'^'''- which Council by Several grants bearing date 9:
march 1 62 1 - 7''^ Nov'' 1629:22 April 1635. Instated in fee sundry
great Tracts of Land in new England by y^ name of new Hampshire —
King Charles y^ first granted to S'' Ferdinando Gorges y® Province
of Main & y'= Government thereof in y^ 15'^ year of his Rign
Chester Charter was granted by Govern'' Shute y" 8"' of may in y*^
8^'* year of y'^ Reign of Geo: y*^ first 1722
Government of New Hampshire was by King Charles y"^ Second in
ye 2 J St yg^j- Qf j^^g Reign Erected and Constituted to be by a Presi-
dent and Council and John Cutts was appointed y'^ first president
London dery Charter was granted Gov'' Shute 21 day of June, 1722 ~
Towns Bounds Settled by a Committee Dec"" 4''* 1768 —
\_Expenses of Coviviission^ I737-]
[Mss. Prov. Boundaries, p. 130.]
An Accompt of The cost of y^ Commission under the Broad Seal
appointing Commissioners to Settle the boundery lines between His
Majestys Provinces of New Hampshire and The Massachusetts bay
and the Expences of the Commissioners in Executing the Same viz'
To The cost of said Commission in Sterling money . £>12)S'- 4- ^
Exchange on ditto (<t 450 "^ c' . . . . . 608:10: 3
-^743:14: 9
To cash paid Benj-'' Acremen for fetching y^ Com- ]^ 610
mis" from Boston . ..... j
To cash paid for a Trunk to keep y^' Comis° and \ Tin
papers in . . . . . . . \
422
PROVINCE OF NEW HAMPSHIRE.
To d" p"^ for 5 quire paper for y*^ clerks
To cash paid M"" Harvey per Ace' for entertaining
the Commissioners .....
To Chaise hire for the Commissioners and Trans-
porting some of their things
To cash paid M"" Pray for Lodging and entertaining
y*^ Commission''* ......
To cash paid M"" Syms par Ace' for d"
To cash paid horse hire for Comissioners
To cash paid Maj"" Joshua Wingates's ac* of Enter-
tainment for y^ Commissioners while att Hamp-
ton — .
To cash paid M"" Edmond Rands bill for keeping y^
Commissioners horses .....
To cash paid M"'^ Lovells bill for Lodging the Com-
missioners, &c — . .
To cash paid Jeremy Libby for keeping the Com-
missioners horses .....
To cash paid John Browns bill for the expences of
Commissioners when they first opened the Com-
mission — .......
To cash paid Edward Pendexter his Bill for trans-
porting the Commisioners goods to Hampton
To cash p"^ Sam' Marsten for Ditto —
To cash p'' Moses Ingram his bill for entertaining
M"" Skeen while at York ....
To cash paid Shooing Commisoners horses
To The expence of a schooner & other charges arris-
ing in conveying the Commisioners from Annop-
olis- ........
To cash paid Cap' Donnel for bring 2 commision-
ers from Annopolis .....
To Cash paid Sam: Lovets bill for keeping y'^ Com-
missioners horses .....
To cash paid M"" Mackins Shaving the Commission-
ers — .
To cash paid M"" Lamprey Transports commisioners
things- .......
Geo. Jaffrey
Jotham Odiorne
Theodore Atkinson
And"" Wiggin
Tho^ Packer
James Jeffry
£1.
.10.
—
27
15-
6
2
18:
—
1 1 :
10:
6
15
— .
—
5-
280
5-
6
10.
3-
2:
II
12 :
—
25-
8.
7
2
10:
—
2.
— .
—
9-
12.
6
I
4:
—
1
103. 8. 7
25..—
12: 5 : 6
— 10.. —
2.. —
^1297: 8: 4
Committee
BOUXDAKV LINE PAPERS. 423
\_Letti'r Oil Boundary Line Question^ I737-]
[Farmer's Town Papers 2-3.]
Boston Sepf 29, 1737 —
Sir In Answer to yo*" letter publish'd in y^ Boston Gazette the
19*'' Instant It has been rumourd some people have boasted before the
putting off of their harness, but I can't learn There is any Real
danger of our Charter's shaking, or Sufficient reason for the poor
Country People being frighted. It is not worth while to say any
thing of those or of their purposes who never intended to return
from the Seige of Troy til they had accomplished a victory no nor
whether they who carry on y^ Charge cf war nor of y® Matter of oral
Argumentation These things are not much to y'^ Main point it is
Certain, the N H Agents have given under their hands (in their
Claim) That their prov : lyes principally between that which was
formerly the Collony of the Mass^ Bay & the Tract of land Then
Call'd the Province of Main which are now incorporated into one
Province by the Charter of King William & Queen Mary, and that
the Court have determined, If the Charter of K W & O M grants all
the lands which were granted by the Charter of K C y*" r^' that the
line Shall Run parallel w'"^ the River ^c^ from whence tis plain & y^
Court made a doubt on a point w*^"^ the Agents of New Hamp*" had
determined ag^* themselves & by which they are forever Estopped
from having any other line than what our Agents have offered 'em
unless by Composition, or y*" Mere condescention & allowance of our
Gen' Court, but to wave y*^ point w*^*^ thro precipitancy and a too
great dependency upon certain as well as swift Success they have
given up, you may plainly descern from the plain words of the Char-
ter that you are safe, unless you Should be offered in Sacrifice to ap-
pease the wrath
. The question in y" Judgment is
Whether the New Charter grants all the lands that ye old did and if
yea Then the line is to be as Mass"" asks it if nay, then as New
Hamp"" asks it I answer in the Affirm^ y' y^ New grants y^ all y"^ lands
that y« old did
I. The New Charter Says the Colonys Commonly called or known
by the name of Mass-'' &c we incorporate now what was commonly
calld & known by the name of Mass^ was denominated so from being
comprehended in the old Charter Ergo
2 The New Charter says 18 CouncelU^ Shall be Annually chosen
of the Inhabitants of or proprietors of lands within the Territory
424 PROVINCE OF NEW HAMPSHIRE.
forjuerly called the Col° of y^ Mass^ Bay — Now if the New Charter
does not grant all the lands w* the old did, then i8 Councell''^ may
be Chosen to serve in y'^ Mass^ Governm' w*^'^ have no lands nor are
Residents within the Same —
3 The New Charter says the Gov"" & Gen' Assem>' may make &
pass any Grants of land lying within the bounds of the Colony for-
merly called y'^ Colony of y'' Mass^ Bay in Such manner as heretofore
yy might have done by virtue of any former Charter or letters
patent
[Endorsed] Answer to Rumford letter
[In handwriting of Richard Waldron.]
[ Vote of Council and Hotisc, 1 737.]
[Mss. "Town Boundaries" p. 99, and Mss. Prov. Boundaries p. 150.]
Whereas the Province of the Massachusetts-bay has Entred their
Appeal against the Judgment of the Hon^''^ the Commison''^ in the
Affair of the Lines and for Defending the Same : and for prose-
cuting that affair on the Part of New Hampshire before his Majesty
in Council.
In the House of Representatives. —
Whereas John Tomlinson of London Esq"" hath hitherto as
Agent, managed that Affair w*** extraordinary care and Diligence.
Voted That the said Jn° Tomlinson be and is hereby desired and
impower'd to carry on that Affair as Agent for the Province of New
Hampshire before His Majesty in Council
gbr j^th j-r^pr James Jeffry Clark Assem'^'
gbr j^th 1737, sent up for Concurrence
In Coun' Ocf 17, 1737
Whereas This Board has never been Acquainted in form that the
Mass"" has appealed, nor, that M'' Tomlinson has hitherto managed
the affair of the line with Such Extraordinary care as is mentioned in
the above Vote ; And besides the Said M"" Tomlinson neither is, or
ever was An Agent for this province and Forasmuch as the Council
are of opinion, that it is not for the interest of this province Either
to Appeal, or defend ag^' any appeal, made or to be made from the
UOUXDAKY LINE PAPERS. 425
jiulL;m' of the Hon'''^' Commissioners but that it is best humbly to
submit the Matter as it now stands to His Majestys Royal pleasure
Therefore Voted a noneurrence with the above vote
R W Sec^y
\_Votc 0/ iV. II. House Proposing Subscriptions, 1737.]
[Mss. Prov. Boundaries, p. 154]
Whereas the Hon^''-' Commiss""-^ has now made an End of their
Court : and Made up y"" Judgm' & final determination, from which the
Province of the Mass^ l^ay has fil'd their Appeal in form : and this
Province of New hamps"" (that is the Committee by direction of the
House of Representativs) has fil'd their Exceptions to what they tho^
convenient And whereas the affaire has been attended with great
Expence and this House has Endeavour'd to Raise Money on the
Publick But the Councill will not come into Raising any money : or
to prosecute any Appeal or Exception : or Deffend ag* the Mass'' ap-
peale : But that the affaire may not now fall thro, affter so much Ex-
pence : and so faire a prospect of obtaining our desiers this House
has tho' litt to appoint and Authorize the Committee that has Man-
naged that affaire before the Commiss'* to transm^ the Coppys of the
Case home to the agent and to prosecute and defend the same to
finall Conclusion before his Maj''* in Councill, & since that the Coun-
cill will not Come into any Measurs to Raise money to Carry on that
affaire nor to pay what is already Expended :
Therefore this House thinks it verry Reasonable to Recomend It
to the Severall Towns in this Province for the Inhabitants to Con-
tribute what they please to carry on the affaire before his Maj'^^ in
Councill (which they may put into the hands of some of their Inhab-
itants to be paid said Committee for the use affore Said) : and that
an account be Keept of Each Mans subscription that if the publick
Shall hereafter pay the Charges Each l^son may & shall receive his
Money againe : or some other ample Satisfaction
By Order of the House James Jeffry Cle"" Ass'"
S"" 20''' 1737
426 PROVINCE OF NEW HAMPSHIRE.
\_Vote of N. H. House about Paymeut of Expenses^ i'j}^'j7\
[Mss. Prov. Boundaries, p. 153.]
In the House of Representativs
The above vote of Council Read: And find the Councill By this
vote and a former has Seem'd to make Provision for payment of the
Hon^'^ Commiss""^ for Each day of their being in the Execution of
their Commission for settHng the Lines : and in Neither of the votes
taken any Notice of their Charges, and payment to any of the Clerks
Surveyor Dore Keeper &c^ Which the Judgm' of the Said Commiss"^
Says Shall be Equally Born by the Respective Provinces, and whereas
there are votes of this House that have ben Some time with the
Councill which Makes Provision for payment, as well of the Officers
as Commiss""^ : and all money Bills first proceeds from this House :
according to all Parliamentary proceedings therefor this House Non-
concurrs the above Vote of the Councill ; and adhers to their own
Votes for the Raising Money for the paym' of the Commiss'"'' (who
are gon before the above Vote of Councell Came to the House) &
for paym* of the officers & Charges arising by Entertaining s*^ Com-
miss" &c^
S"" 20''' 1737 James Jeffry Cle"" Ass""
\_Lctter to Samuel Holdoi of Loudon, 1737.]
[Mass. Archives, Vol. 52, p. 462.]
Honourable Sir,
There are so many instances of Your kind disposition toivards tJiis
Provijice, and You having been pleased to signify to us such a readi-
ness to assist us and consiilt Our interest on any Emergency^ xvhen you.
declined our choice of you into the Agency — We hope, it ivill not be
thd t presuming, to ask your favour and help in the Controversy be-
tween this Province and New Hampshire, concerning the Boundarys
or Lines between them ; It is an affair of very great Consequence to
us, for the Claim of New Hampshire is so Extravagant, that if they
should Succeed We should lose more than One third of what We al-
ways have, and now do Judge, belongs to this Province, and which
We have in great part Granted to Particular Persons or for Town-
ships.
BOUNDARY LINE PAPERS. 42/
The General Court have for this Important Affair, Chosen the
Honourable Edmund Ouincy, Esq"" a member of the Council here,
and One of the Justices of the Superiour Court, and Richard Part-
ridge Esq"" of London, to be Joynt Agents with Erancis Wilks Esq*",
Colonel Ouincy will give you full information in this Matter, in
which he was an Agent for the Province when the Matter was Pleaded
before the Kings Commissioners here. —
We Doubt not but You will be so Particularly informed by the
Agents, as to see the Justice of Our Cause, And as the Right is
most undisputably with Us, so it is of great consequence to Our
future tranquility and peace, that the determination by His Majesty
in Council, be in Our favour.
We are so Assured that Justice and Equity are with Us, that Our
great Concern is, that the Cause may be fully Opened and Under-
stood, in forwarding which and in removing any difficulty in the way
of it, We are very desireous of Your Assistance.
In Council, Dec. 28, 1737; Read & Accepted with the Amendm*^
Sent down for Concurrence J Willard Sec'ry
In the House of Rept^^'*^^ Dec-" 28"' 1737
Read and Concurr'd J Ouincy Sp'^''
Consented to, J Belcher
[The amendment is in the hand-writing of Secretary Willard, and
is offered as a substitute for the section in Italics, as follows : ]
Forasmuch as you have given so many Instances of your kind Dis-
positions towards this Province & were pleased when you declined
our Choice of you into the Agency to signify to us your readiness to
assist us & consult our Interest in any Emergency, we are induced —
^Petition from InJiabitants of N civ HaDipsJiirc^ '^7^7 1^-^
[Mass. Archives, Vol. 5. 197.]
To the Right Hon''''' the Lords Commiss"" for Trade & Plantations
May it please your Lordships —
We the Subscribers his Majestys Dutiful! and Loyall Subjects of
his Majestys Province of New Hampshire in New England most
humbly Crave Leave to Remonstrate to your Lord^"* that notwith-
standing the repeaf* Endeavours of his Majestys Government to have
the Boundary Lines between this & y^ Governm^ of the Massachu-
setts settled and determined, yet the controversy still Subsists to y^
428 PROVINCE OF NEW HAMPSHIRE.
great Detriment Disquiet & allmost Ruin of many of us who have
already settled & made Improvements to y^ discouragement of all to
whom Lands near our Supposed Line have been granted by this his
Majestys Governm* who have for many Years & continue still to be
harrassed by people of y^ Massachusets by Contentious Law suits
commenc'd against some for Entring upon and Lnproving Land
Granted to them many Miles to y'' Northward of our Line which we
apprehend to begin three Miles to the Northward at the Mouth of
Merrimack River and from thence a West Line into the main Land
some have been arrested more than ten Miles to the Northward of
that Line & Draged out of their dwelling by the hair of the head Im-
prison'd try'd & Condemned in great Costs In y^ Courts of y^ Mas-
sach'^ & Ejected out of their possessions & Improvements & lately
an house Erected for y^ Publick Worship & Defence, Pull'd down &
Burnt & those Lands Granted by the Massachu'^ to others of his
Majestys Subjects there, since the Grants of this Government,
Wherefore we most humbly pray Your Lordships favour that our dis-
tressed Circumstances may be presented to his most Gracious Maj-
esty & Addressed that out of his Abundant Goodness, Clemency &
Justice he would Interpose and give his Royall Orders that the
boundary Lines in Dispute between the two Provinces be Assertained
& Determined & Our great Grievances Redressed as in His Great
Wisdom shall seem meet & your Petitioners shall as in Duty Bound
every Pray. Exd Coppy
Sign'd by One hundred & four Persons Inhabitants. —
With Seven more Petitions Intituled as Inclos'd in y^ same words
with y^ foregoing
\_Petition of N. H. House to King against Gov. Bclc/icr.~\
[Mss. Prov. Boundaries, p. ii6.]
To His Most Excellent Majesty
The humble Petition of your Maj"^* most duty full and Loyall Sub
jects the House of Representativs of your Maj'''^^ Province of New-
hampshire in New England Most humbly Sheweth.
That the many & great Encrochments, made by the Massachusets
Goverment by Extending Jurisdiction and Property over great part
of this your Maj"^^ Prov® of N Harap'' togeather with their Commenc-
ing Severall Law Suits ag' '^sons that Lived ten or twelve Miles to
the North of any part of Merrymack River tryable at the Courts of
BOUNDARY LINE PAPERS.
429
the County of Essex in S'' Mass-'' and Draging them into their Pris-
ons & condemning them in Excessive Cost and Charges, for pre-
tended Trespasses on the Land they Live upon there as also that
Goverments SelHng and Granting Land many Miles within this
Province Incited the Ass'" of this your Maj''" Province, to Vote John
Rindge Esq"" an Agent to be employed in behalfe of this Goverm' to
Represent the affaire and Petition your Maj''* that the Long depend-
ing Controversie about the Boundarys of the Provinces Might be De-
termined, as in your great Wisdom Yo'' Maj''*" Should Direct, But
because the Said John Rindge Esq"" (as we humbly Apprehend) was
not acceptable to his Excell"^ Gov"" Belcher a Majority of the Councill
disagreed to the Vote, And the Said Councill and Assem^, not agree-
ing upon a Suitable "^son, The House of Representatives being sen-
sible that it was the Great Desier of the People they Represented,
that the Boundaries between the two Prov^^ Should be Settled, and
the Suffering Borderers neare the line Relieved & Quieted in their
Possessions : The House of Representatives voted the Said John
Rindge Esq'', to be theire Agent for the Purposes affore Said, who
did Repaire to Great Brittaine & Petitioned yo'' Maj'^^, that the Boun-
dary Lines of this & the Mass-'' Province might be Setled & fixed. —
In Consequence of which yo"" Maj"^ was Gratiously Pleasd in Coun-
cill to Order a Commiss" under the Great Seal Appointing Commiss''®
to determine and fix the Boundarys here upon the Spot who in Obe-
dience thereto met on the first day of August, when this Province
made & put in their Demand, (tho the Mass^ did not put in theirs
until the tenth, notwithstanding it was yo"" Maj'^^^ Express direction,
that the Demands of both Provinces Should be made and put in the
first day of the Commiss'^ meeting) after the Considering the De-
mands of Both Prov^ on the Second day of Sep' last, the Said Com-
miss''^ Published their Determination a Coppy of which is humbly
presented herewith, from which this your Maj'^" Province would have
appealed to your Maj''^ in Councill : being agrieved thereby, because
that the Black Rocks mentioned therein, from whence three Miles
North the southern boundary is to begin is Neare a Mile from the
Mouth of Merrymack River and about three Quarters of a Mile North
of it where it Empties it Selfe into the Atlantick Sea or Ocean, By
which Means this Your Maj"''® Province Looses three Quarters of a
Mile throughout the whole Length of it upon a West Line, for it is
humbly conceived that the Southern Boundary of this Province Ought
to begin three Miles North of the Mouth of Merrym"" River and from
thence to Run West : And the Northern Boundary by the Said De-
termination, or Judgment is to be the Midle of Piscataqua River:
Whereas all the River has always been within the Jurisdiction of
430 PROVINCE OF NEW HAMPSHIRE.
Newhampshire Goverm' and the Mass^ never pretended to Claime it.
But So it is.
His Excelly the Govern"' did not give this Province an oppertunity
to make an Appeale as is Directed in Said Commiss" for within three
Hours after the Judgm* & Determination of the Commiss''^ was Pub-
lished, the Gov"" Proroug'd the Gen^^ Ass™ of this Province (who were
Sitting ab' two Miles Distant from the Commiss"'^ Court, to the verry
day before the Commiss" were to meet to Receive the appeal of the
Province agrieved, and before a Copy of the Judgment could be ob-
tained which Sudden Prorogation and so Short a time before the
Commiss''^ meeting, this yo"" Maj''*^^ Province is Strip'd and Debar'd
Makeing and Entring an Appeal according to your Maj''*^^ Most Gra-
tious Indulgence in the Said Commiss", and at the Same time the
Govornour continued the Great & Gen^' Court of the Mass^ Bay Sit-
ting Severall days to consider & Resolve on the Appeal, They then
Voted to make : and then He prorogued them to two dayes before
the Commiss"^^ meeting to receive it ; And we most humbly Crave
Leave further to Remonstrate to your Most Excellent Majesty that
the Charge and Expences of the affore Said John Rindge Esq"" in
prosecuting this affaire of the Lines in the obtaining the Commiss"
under the Great Seal and taking it out has been carryed on by him
selfe and Some other well disposed to the Interest of this your Maj*'**
Goverment & Province for no Money could be obtained from the
Governour & Councill untill Last April the Gen^' Assembly granted
a Small Matter, not one fifth part of the Sume advanced, altho the
Representatives often Voted Money for that purpose, their votes
were always Disagreed by a Majority of the Councill, and Even while
the Commiss''^ were Sitting in pursuance of yo"" Maj*'^^ Royall Com-
miss" & putting it in Execution the House of Represenatives voted
a Small sume for their Expences, a Majority of the Councill disagreed
thereto tho they were Sensible y' what was granted before for the
Reception and Entertaiment of the Commiss''^ was not half Suffi-
cient for that purpose they having been wholly at the Charge of this
Province — which Conduct of the Said Councillours we humbly Ap-
prehend was wholly owing to the very great and undue Influence of
the Govorn"" over them, who are dependant upon him for Posts of
Honour and Profit he had promoted them to.
The Governour Neglecting to propose to the Councill and Assem-
bly to Choose publick Officers, on whom or at whose place of abode
the Determination of the Commiss'"'' Should be Served or left : untill
ten days after the first Meeting of the Commiss""^ whose names ought
to have been Sent to them the first day, by which means this Province
might have been proceeded ag^ Ex parte agreeable to the Tenour of
BOUNDARY LINE PAPERS. 43 1
the Commiss"" The Discouraging & not granting Money for Carrying
on the Important affaire of Selling the Boundaries of the Province,
& not giving time & oppertunity to the Gen" Ass'" to Consider of
and prepare an Appeal from the Judgment and Determination of the
Commiss"'* We humbly Apprehend to be a Great grievance, and most
humbly Intreat Your Maj"" in Councill will gratiously be pleased So
to Order as that the Judgment and Determination of the Comiss""*
may not be wholly Approved of By your Maj"'' Nor the Govornours
conduct in this affaire be detrimentall to your Maj''" Most dutyfuU
and most Loyall Province of N Hamp"" But that the southern Boun-
dary thereof may be fix'd, to be a West Line from 3 mile North of
the Middle of the Mouth of Merrymack River where it Empties it
Selfe into the Atlantic Ocean : and Continued untill it meet your
Maj"" other Goverments to the Westward and that on the north
part the River of Piscataqua may Remaine fully to the Province of
New hampshire as formerly
\Ordcr on N. H. Petition against Gov. Belchcj', \7'^7l^.'\
[Mss. Prov. Boundaries, p. 105.]
At the Council Chamber Whitehall the 7"* Day of February
1737-
By the Right Honourable the Lords of the Committee of Council
for hearing Complaints from the Plantations. —
W^hereas by Order in Council of the 6''' of this Instant there stands
referred to this Committee the humble Petition of the Representa-
tives of His Majesty's Province of New-Hampshire in New-England
complaining of the Proceedings of the Governour of that Province for
several years past, and particularly with Regard to the executing
His Majesty's Commission for settling the Boundaries between the
said Province & the Province of the Massachusetts Bay, & humbly
praying, that His Majesty would be graciously pleased to receive
from their Agent John Thomlinson Esq"" the Proofs of the several
matters therein alledged, & such further Informations as may be neces-
sary to set their melancholy Circumstances in a true light, & that His
Majesty will be pleased to grant them such speedy Relief, as in his
Royal Goodness shall seem meet : Their Lordships this Day took
the same into Consideration, & are thereupon pleased to order, that
the said Petition (a Copy whereof is hereunto annexed) be transmit-
ted to Jonathan Belcher Esq"' His Majesty's Gov' of the said Province
432 PROVINCE OF NEW HAMPSHIRE.
of New-Hampshire, who is hereby required to return his answer there-
unto in writing to this Committee with all convenient Speed. —
{Petition of Jonathan Belcher against John Rindge, 1737/8.]
[Mss. Prov. Boundaries, p. 107.]
To the King's Most Excellent Majesty in Council —
The Memorial of Jonathan Belcher in behalf of his Father Jona-
than Belcher Esq Your Majesty's Gov*' of the Province of New-Hamp-
sh"" in New England — •
Most humbly she wet h —
That your Memorialist is informed, that the Lords Commiss''^ for
Trade and Plantations have recommended M'' John Rindge of Ports-
mouth in New-Hampshire to your Majesty as a Person qualified to
be a Member of your Majesty's Council in the Province aforesaid.
That your Majesty's Gov'' can fully make appear, that the said
Rindge has constantly opposed all such Measures as have been pro-
posed & deemed necessary by the said Governour for your Majesty's
Interest & Service in the said Province.
That the said Rindge has joined in exhibiting a Complaint from
the Assembly of the said Province against your Majesty's said Gov-
ernour, in which the said Governour is loaded with general Invec-
tives, & his Administration stiled arbitrary, partial, & oppressive,
without specifying the least Instance of Oppression or Partiality, &
upon the face of the Complaint it appears, that the Assembly (of
which the said Rindge was then a Member) voted, that the Adminis-
tration of your Majesty's said Governour was a Grievance, without
mentioning any Particulars, and before any Remonstrance or Comj
plaint exhibited to your Majesty, which your Memorialist humbly
concieves was calculated to prejudice the minds of your Majesty's
good Subjects in the said Province, & to retard and weaken the meas-
ures of the said Governour in his Administration for your Majesty's
Honour & Service, & by the said Vote they assumed a Right of ar-
raigning & condemning the Conduct of your Majesty's Governour,
which 3-our Memorialist apprehends is a Step without Precedent, and
tends to defeat and destroy all the Ends of your Majesty's Royal
Commission and Instructions.
That your Memorialist concieves it to be of the highest Importance
to your Majesty's Service that all the Members of your Majesty's
BOUNDARY LINE I'APERS. 433
said Council be well affected to such Measures as the Governour (in
whom your Majesty is graciously pleas'd to repose a special Trust
and Confidence) may judge necessary for your Majesty's Honour and
Interest, & especially, as your Majesty's Council are the immediate
Balance between the Gov'' & the Assembly, & your Majesty's said
Governour is therefore specially instructed to nominate & recommend
such Persons, as he may deem fit, suitable, & well affected to your
Majesty's Service, & for the same Reason by the Royal Charter to
your Majesty's Province of the Massachusetts Bay, the Governours
for the time being are allowed a Negative upon every Councellour of
the Province, & in all your Majesty's other Governments the Gov""^
are instructed and permitted to recommend fit & proper Persons to
be of your Majesty's Councils.
Wherefore your Memorialist most humbly prays, that your Ma-
jesty will be graciously pleased to allow the said Gov"" time to urge his
Reasons against the said M"" Rindge's appointment, especially, as the
said Complaint (to which the said Rindge is a Party) is now depend-
ing, and wholly undetermined ; & that your Majesty's said GoV may
be permitted to recommend a proper person to be of your Majesty's
Council in the said Province agreeable to your Majesty's Royal In-
struction to him in that behalf.
And your Memorialist, as in strict Duty bound, will ever pray &c^
Middle-Temple Jon^ Belcher
Febru^ 9^'' i737- —
[Petition from Boundary Line Commissioners^ 1 737/8-]
[Mss. "Town Boundaries," p. 89.]
To His Excellency Jonathan Belcher Esqr Captain General and Com-
mander in Chief in and over His Majesties Provinces of the Mas-
sachusetts Bay and New Hampshire &c —
We the subscribers two of the Nova Scotia Commissioners ap-
pointed by His Majesty to settle the Boundary Lines between the
said Provinces beg leave to represent to Your Excellency. —
That the affair of the Line has detained us here so long that we
had not a seasonable time nor opportunity all this while to return to
our Families at Annapolis, which has put us to a very great and ex-
traordinary Expence —
That we wrote on this head some time ago to the Province Agents
for some further Allowance on that account, but have not yet re-
ceived any Answer
434 PROVIN'CE OF NEW HAMPSHIRE.
We therefore think our Selves obliged to apply to Your Excellency
as Governour of both Provinces for some Releif for the hardships we
have suffered by our long Attendance —
That in Case the Government will take the same into Considera-
tion, and make us a proper Allowance for the time past, we are still
willing to wait here His Majesties further pleasure in relation to the
Lines, otherwise we shall be obliged to proceed by the first opportu-
nity to Annapolis.
And as the Province of New Hampshire has not paid us that small
sum, they Agreed with the Agents of this Province to give the Com-
missioners, nor given them any hope when they will ; we beg leave
to desire Your Excellency will be pleased to lay their Case before
His Majesties Coiuicil ciXid that your Excellency and they will think
of some Expedient to Obtain for us, some reasonable Allowance for
our tarrying here so long, and likewise the sum promised by New
Hampshire, in which this Province can run No risque since the whole
Charge of the Commissioners must be equally borne at last by both
Provinces —
We are Your Excellency's Most obedient and most humble Ser-
vants
Boston March V^ 1737/8 Eras Ja* Phillips
Otho Hamilton
A true Copy Exam'^ '^ Simon Frost Dep>' Sec"^'
\_Age?tt Partridge to Sccretarj' Willard, 1738.]
[Mass. Archives, Vol. 52, p. 475.]
Secretary Willard
I duely rec'd thy letter notifying my being appointed to the
Agency of the Massachusets Bay in conjunction with Col° Ouincy &
Francis Wilks Esq"" for pursuing the Appeal from the Judgment of
the Commiss"^ respecting the contested Boundaries between that
Province & New Hampshire. — Since which I have thy favour of y^
17 Dec'' last accompanying the joint Commission and referring me to
the Instructions to Agent Wilkes, For thy care in these Articles I
must desire thee to accept my sincere thanks. And through thy hands
I take the liberty of passing my grateful! Acknowledgments to the
General Court for the Honour they have done me in a Trust of such
Importance,
BOUNDARY LINE PAPERS. 435
The death of Col'^ Ouincy together with the business of Parliament
has hitherto retarded any effectual Progress in the Appeal ; But as
Agent Wilks and I are now concerting suitable Measures for the
Hearing, I think it my duty to assure the Assembly of my disposi-
tion & zealous Endeavours for their interest on this occasion, and if
I can be of any particular advantage to thine thou mayst intirely de-
pend on the best Ser\-ices of
The Assemblys and Thy assured Friend
London 4'*^ m'^ (or June) 15, 1738 Rich'^ Partridge
\Saimiel Holden to Secretary IVillard, ^72)^-^
[Mass. Archives, Vol. 52, p. 476.]
London y^ 17* June 1738
M"" Secretary
Sir. I have y^ honour of your Letter of y® 28'^ Decem"" relating to
y^ Affair of y^ Boundarys between your province & New Hampshire ;
wherein as occasion offers, I shall gladly render you y* best services
I am able.
As this is an Affair of Right, & not of ffavour, I am so fully per-
swaded of y^ honour & Justice of y^ Lords of his Majes^ privy Coun-
sill that I think you need not be under y^ least apprehension, but
that their determination will be according to y^ strictest rules of Jus-
tice, as it appears to them.
But in case y® Gentl'm on y^ other side should attempt to injure
you by any falce representations; I have assured ^VP Wilks that upon
notice thereof, I will endeavour to remove the prejudices that may
arrise from them, with such of y* Lords of y^ Council with whom I
have y^ honour to be accquainted.
I truly condole with you y* loss sustained by y^ death of the Hon-
orab' Judge Ouincy, & my own that I had not y^ knowledge of, & a
more intimate accquaintance with so valuable a Gentl'm : whom it
has pleased God to remove to a better & more peaceable State. I
am Sir
Your most Humble & most Obed' Serv^
Samuel Holden
43^ PROVINCE OF NEW HAMPSHIRE.
\_Massachnsctts Agents to Secretary Willnrd, 1738.]
[Mass. Archives, Vol. 52, p. 478.]
London 6''^ July 1738.
M"" Secretary Willard
Sir. We take this Oppertunity to Acquain The Generall Court
with our proceeding in the Affair Committed to our Care ; We have
Carefully Examin'd all the papers & proceedings in the Case, have
had several Meetings with our solicitor & Councill in Order to make
them Masters of all the Circumstances and Arguments in favour of
the Massachusets but not having had the least Encouragement that
the Matter Could be brought on to be heard before The R' Hon'^'^
Lords of the Committee before the usual time of their Adjournment
for the latter end of the Summer, We Judg'd it would be rather a
Damage than Advantage to proceed too far, And then have the
whole to go over again in about the Month of October, no more
Committee's being expected before that time. We shall prepare every
thing Against their first Meetings in y^ Fall. The General Court
may depend upon our exerting our utmost Endeavours for their In-
terest &' Service therein as shall from time to time duly advise of our
proceedings ; We have omitted for some time Acquainting you that
upon examining the Papers left by Coll° Quincy, We found wanting
the withinmention'd which We expected must been in some hand
here that he had lent them to, but upon strict enquiry can't find any
body had 'em therefore if you can by the first Oppertunity furnish us
w^"^ Duplicates it may be of Service. We Apprehend the said Papers
must have been left in New England for that it is impossible they
should be lost here. We are with great Respects to the General
Court
Their Faithfull Friends & Humble Servant
Fra Wilks
Rich'^ Partridge
The Papers Wanting which are Mention'd in a List of Papers pre-
pared for the Agent in New England Viz^
N° 10. Mitchells plan
II. S"" Ferdinando Gorges patent the Original
13. King Charles the 2''''^ Letter 1683. Authenticated
14. Ferd. Gorge Esq"" Deed to L' Gov"" Usher Authenticated
15. L' Gov"" Usher Deed to the Gov"" & Comp^of Massachusets
Authenticated.
BOUNDARY LINE PAPERS. 43/
\RcpIy to tJic foregoing Letter, 1738.]
[Mass. Archives, Vol. 53, p. 11.]
Boston Sepf i 1738
Gentlemen It is surprizing to us that so many papers you men-
tion in yours of July 6 are wanting, & especially that one so impor-
tant as that of Sir fferdinando Gorges Patent of the Province of
main ; by CoP Ouincey's letter, we are satisfied of his having all with
him after his arrival & by careful inquiry, we find also that he left
none behind him, we have sent you Copys of all, but we cannot but
hope, that you will find them in the hands of some person he lent
them to ; we would press you to possess as many persons as you pos-
sibly can with a thorough knowledge of this controversy, for it is im-
possible we should fail in it, if it be fully understood ; for our right is
clear to mathematical demonstration to those who are fully apprized
of this affair
m"" Thomlinson seems to incline to begin this controversy de novo,
& not to go on to consider the Commissioners Judgment & deter-
mine on that, this you must by no means consent to, nor is it consis-
tent with the Commission under the Great seal that his Majesty
should decline giving Judgment on the appeal from this Determina-
tion
Herewith you have some observations on m"" Thomlinsons Petition,
it is so filled with misrepresentations, that either he must be very
Ignorant in the circumstances of this affair or be very much carryed
away with a wrathful & angry spirit we are inform 'd & doubt not of
the truth of it, that m"" Thomlinson gives himself great liberties about
the Right Honble the Lords of Trade & Plantations, as being ex-
treamly engaged for N. Hampshire we cou'nt but think much more
Hon''ably of Persons of their Character, & should be glad you could
find a convenient opportunity to expose nV Thomlinson's folly &
vanity in this matter
\Fragi)ient in Defense of the Coiineil, 1738.]
[Mss. Prov. Boundaries, p. 152.]
24 That in y^ Course of y^ Com"'* preceedings they required a
draft &c^ that in The Course of the Gen^ Courts proceedings they
438 PROVINCE OF NEW HAMPSHIRE.
were often adjourned from Saturday to tuesday, as most agreeable to
the Maj"" part of the Members of both Houses, that yy might have a
day at home for it is to be noted, that every Member went home a
Saturday but by the way what was sent from the Council was sent
down the 19 of Aug^' & not y^ 20''' as is Said and it is a vile false-
hood that there was Such a Sudden adjournm* by a Message sent to
the Sec''>' as if the Gov*" was not present, who was then Actually pres-
ent In Coun' but besides all this the Council declined Acting at all
in the affair as they well knew or at least thot what the Committee
were ingaged in was no other than a Mockery and a mere farce who
stated their demands without ever communicating them to the Coun-
cil to this day, chose the officers appointed to be Chosen by the Gen^
Assem>', argued & replyd without any advice from the Council, spent
the public mony and Asked for more w*^ out any Account of what
was Expended save that one of 'Em swore he would pay what re-
mained due
25 The Mass^ Agents objected that the Appeal was not y^ Act of
the Legislature & well they might since y^ provision in the Com"
was that Either province might appeal &c% and the Council had re-
solved not to joyn
26 The House of Representatives desire the Council to Act on
what was sent up y^ 20, in paragraph 24 yy Say
[Endorsed] Rough Answer To Tomlinsons Complaint Sent the
Gov^ Sep* 15 — 1738
\_Agent Wilks to Secretary Wil/ard, 1738.]
[Mass. Archives, Vol. 53, p. 10.]
London y« 18'^ Sepf 1738
M' Secretary,/
Sir./ I am favour'd with yours of y^ 17*'' of June Inclosing sundry
Acts which I have deliver'd at the Councill Office for Confirmation,
have also Yours by the hands of M"" Jn" Tufton Mason, The Affair of
the Line being the Chief of what is now depending my thoughts are
turn'd that way tho' at present & for a Considerable time past there
has been no Committee of Councill but rather an Adjournment of all
business of that kind, in a little time the Lawyers will be in Town
and the Lords meet to do business as usual, M"" Partridge & I have
not been negligent in forwarding the Affair as much as possible and
getting all the information possible, nobody can be more desirous of
BOUNDARY LINE PAPERS. 439
obtaining a speedy & satisfactory Conclusion of the matter than We
are, for whilst it is depending We shall be very much engaged in
almost daily attending from one to another about it, We Apprehend
the matter of so much Consequence to the Province also to our par-
ticular Interests, that we shall think no trouble nor difficulty to great,
that shall seem any ways Serviceable, The Affair of M"" Masons Claim
may be very Serviceable to the Province The Lawyers being out of
Town we have not as yet had Oppertunity to advise about it but you
may depend everything shall be Improved to the best Advantage. I
have some Charge on Account of the Province seperate from the
Affair of the Line which I cant at Present get the Account of, hope
I shall be excused if I send it hereafter I am with all due Respect
to the Great & General Court Sir
Your much Obliged Humble Servant
P'ra Wilks
\Fra}icis Wilks to Secretary Willard, 1738.]
[Mss. Prov. Boundaries, p, 151.]
London 14"^ Ocf 1738. —
M"" Secretary
Sir/ This being almost the last opportunity of writing to New-
England this year, I improve it, in case the Great & General Court
should be sitting, tho it's only to advise, that my Lord President is
expected in Town in few Days, when Committees of His Majesty's
Council will meet for the Dispatch of Business.
The Affair of the Line with New-Hampshire is as forward as pos-
sible ; we only wait for a time of Hearing to be fixed, which hope
won't be long first ; we have the Satisfaction to find every body hith-
erto concern'd think the Case very strong on our side ; I hope it will
meet an agreeable Issue, for which nothing shall be wanting in Sir
Your Most Obedient Servant
Fra. Wilks
440 PROVINCE OF NEW HAMPSHIRE.
\Francis Wilks to Speaker of MassacJiusetts House, 1738.]
[Mass. Archives, Vol. 53, p. 18.]
M"" Speaker
S'' This Serves only to Inclose you Copy of a Petition sign'd by
M'' Partridge & Myself to his Majesty in Councill relateing to the
affaire of the bounds w^'' New Hampshire I hope the Matter will
soon Come to a hearing being fully Prepared I am w''^ great Re-
spect S''
V Most Obed Serv'
Lond'' Oct" 17. 1738 Fra Wilks
\Petition of MassacJiusetts Agents to King, Oct., 1738.]
[Mass. Archives, Vol. 6, pp. 25-31 ; and N. H. Mss. Prov. Bounda-
ries, pp. 142-149.]
To THE Kings most Excellent Majesty in Councill
The humble Petition of Francis Wilks and Richard Partridge of
London Merchants Agents for your Majesties Province of the Massa-
chusetts Bay in New England for prosecuting the Appeal of the said
Province from the Determination of the Courts of Commissioners for
Settleing the Boundaries between the said Province and that of New
Hampshire Sheweth —
That your Majesty by your Royal Commission bearing date the
9* of April 1737. reciting that your Ma'tie had been informed that a
dispute had been long Subsisting between your Provinces of the
Massachusetts Bay and new Hampshire in America relating to their
respective Boundaries was pleased to Constitute and Appoint certain
persons therein named or any five of them to be your Commissioners
for Settling Adjusting and Determining the respective Boundaries of
your Said Provinces of the Massachusetts Bay and New Hampshire
in dispute as aforesaid — And the Said Commissioners were thereby
required to hold their first meeting at Hampton in New Hampshire
on the i^' of August 1737. And then to Adjourn to Such times and
places as they Should See proper.
With directions that in Case either of the said Provinces Should
neglect to Send to the Commissioners at their first meeting the
names and places of Abode of two of their publick Officers residing
BOUNDARY LINE PAPERS. 44I
in their respective Provinces on either of whom or at whose place of
Abode Any Notices Sumons or final Judgment of the Said Commis-
sioners might be Served or left And in Case either of the said Prov-
inces Should also Neglect to Send to the Said Commissioners at their
tirst meeting a plain and full State of demands or pretensions in writ-
ing describing where and in what places the Boundaries on the South-
ern and Northern part of New Hampshire ought to begin and what
Courses and how farr the Same ought to run respectively to the End
that Copies thereof might be mutually Exchanged in order to prevent
any unnecessary delay And that each party might come fully pre-
pared That then the Said Commissioners were in either of these
Cases to proceed Exparte
And all proper and Necessary directions and powers were given
And Contained in the Said Commission for choosing of Officers, Ad-
ministring Oaths Examining witnesses And reducing their Evidence
in writing
And it was thereby Ordered And Directed That Entrys Should be
made of all Papers Evidences Deeds Charters and proofs received by
the said Comissioners in this Affair and of all their proceedings and
resolutions thro' out the Same And that Plans or Drafts of Such
Boundary Lines as Should be agreed upon by the Said Commission-
ers Should be Annexed thereto And made part thereof.
And your Majesty was thereby pleased to Declare your will &
pleasure
That when the Commissioners Should have made their final Deter-
mination And Signed the Same a Copy thereof Should be Sent to
Such publick Officer or Officers in each respective Province as be-
fore mentioned as likewise Notice of another meeting to be held by
the Commissioners at a distance of time not less than Six weeks or
more than three Months at which meeting either of the Said Prov-
inces who Should find themselves Aggrieved might Enter their Ap-
peal to your Majesty in your Privy Council with a Declaration what
parts of the Determination of the said Commissioners they did Abide
by or Appeal from But if neither of the Said Provinces Should Enter
their Appeal or P^xception against the Determination of the Said
Commissioners at Such last Meeting Then and in Such Case no Ap-
peal or Exception Should be afterwards received or Admitted And
Such Determination of the Said Commissioners being Confirmed
by your Majesty Should be final and Conclusive to both the Said
Provinces
That the Said Commissioners mett at the time and place Appointed
by the .Said Commission and were Attended by Committees Ap-
pointed by each Province who laid a State of the Claims and Demands
of each Province before the Commissioners
29
442 PROVIN'CE OF NEW HAMPSHIRE.
That the Committee Appointed on behalf of the Massachusetts
Bay amongst other things produced before the Said Commissioners
an Authentick Copy of A Plan Entituled "A Plan filed in the Secre-
tarys Office of New Hampshire — Endorsed — Province Bounds
returned the 23^^ of May 1696 : W'" Redford D : Secretary And Cer-
tifyed by Richard Waldron Secretary — And which was a Plan of
the Boundaries of New Hampshire which had been run by order of
the then Governor and Councill of that Province from the Atlantick
Ocean 3 miles Northward of Merrimack River following the Course
of the River And which Plan they caused to be filed amongst their
publick Records, but which tho So very materiall to be taken into
the Consideration of the Commissioners they were pleased to reject
And refused to make the Same part of the Case whereupon the Said
Massachusets Company moved they might have liberty to protest
against the Courts not receiving the Same which they were allowed
to do.
That the Said Massachusets Committee after the whole pleadings
were gone through on both Sides Delivered in An Exception against
this Denyal of the Said Commissioners to receive and Admitt the
Said Plan as Erroneous and praying that the Said Province of the
Massachusetts Bay might when the Affair Should come before your
Ma'tie have all benefit And Advantage of So materiall A part of their
Evidence which Exception was received And Admitted by the Court
And Entred as part of the Case And your Petitioners for and on the
behalf of the Said Province hereby most humbly pray to have the
benefit of the Said Exception And Also of all other Exceptions and
Objections made by the Said Massachusetts Committee All which
Appear on the proceedings on the Appeal of the Said Province from
the Judgment or Determination of the Said Commissioners And that
they may be then at liberty to read the Said Plan for and on behalf
of the said Province
That the Said Commissioners on the 2"^ of September 1737. Deliv-
ered their Judgment or Determination in the presence of the Com-
mittees of each Province whereby they State that in pursuance of
your Ma'ties Said Commission they had taken under Consideration
the Evidences Pleas and Allegations offered and made by each party
and upon Mature Advisement on the whole a doubt arose in point of
Law And that they had thereupon come to the following Resolution
Viz'
That If the Charter of King William and Queen Mary Grants to
the Province of the Massachusetts Bay All the Lands which were
granted by the Charter of King Charles the first dated the 4*'' of
March in the fourth Year of his Reign to the late Colony of the
BOUNDARY LINE PAPERS. 443
Massachusetts Bay lying to the northward of Merry mack River Then
they Adjudged and Determined that a Line Should run parallel with
the said River at the distance of three English Miles North from the
Mouth of the Said River begining at the Southerly Side of the Black
Rocks So called at low water mark and from thence to run to the
Crotch or parting of the Said River where the Rivers of Pemigewas-
sett and Winnipesiokee meet and from thence due North three Eng-
lish Miles and from thence due west towards the South Sea untill it
meets with your Ma'ties other Governments which Should be the
Boundary or dividing Line Between the Said Provinces of the Mas-
sachusetts Bay and New Hampshire on that Side But if otherwise
then they Adjudged and Determined that a Line on the Southerly
Side of New Hampshire begining at the distance of three English
Miles north from the Southerly Side of the Black Rocks aforesaid at
low water mark and from thence runing due west up into the Main
Land towards the South Sea until it meets with your Ma'ties other
Governments Should be the Boundary Line Between the Said Prov-
inces on the Side aforesaid — which point in doubt with the Commis-
sioners as aforesaid they Submitted to the wise Consideration of
your most Sacred Ma'tie in your privy Council for your Royal Deter-
mination therein
And as to the Northern Boundary between the Said Provinces the
Court Resolved and determined That the dividing Line Should pass
up through the Mouth of Piscataqua Harbour and up the Middle of
the River into the River of Newichwannock (part of which is now
called Salmon Falls) and through the middle of the Same to the fur-
thest head thereof and from thence North two Degrees westerly un-
til 1 20 Miles be finished from the Mouth of Piscataqua Harbour afore-
said or untill it meets with his Ma'ties other Governments And that
the Dividing Line Should part the Isles of Shoals and run through
the middle of the Harbour between the Islands to the Sea on the
Southerly Side and that the Southwesterly part of the Said Islands
Should lye in and be Accounted part of the Province of New Hamp-
shire And that the North Easterly part thereof Should lye in And
be Accounted of the Province of the Massachusets Bay and be held
and Enjoyed by the Said Provinces respectively in the Same Manner
as they now doe and have heretofore held and Enjoyed the Same
And the Court further Adjudged that the Costs and Charges aris-
ing by taking out the Commission as also of the Commissioners and
their Officers and of their two Clerks Surveyors and Waiter for their
travelling Expences And Attendance in the Execution of the Same
Should be Equally born by the Said Provinces
That after the pronouncing the Said Judgment the Court Ad-
journed to the 14'^' of October then next in order to receive Any Ex-
444 PROVINCE OF NEW HAMPSHIRE.
ception or Appeal which either or both parties might have to the
Said Judgment
That on the Said 14'^ of October The General Court of the Mas-
sachusetts Bay drew up and Agreed on their Appeal from and Ex-
ception to this Determination of the Said Commissioners and also
named And Appointed a Committee to lay the Same before the Said
Commissioners in order to its being received and Entred on their
Records And on the Same day the Said Committee of the Massachu-
setts Bay presented to the Commissioners their Said Order of their
General Court and likewise the said Appeal and Exception
That this Appeal was Addressed to your Ma'tie in your Privy
Council and was the Appeal and Exception of the Province of the
Massachusets Bay and was duly presented to the Commissioners by
a Committee duly Appointed for that purpose by the General Court
of the Said Province in pursuance of and Agreeable to the directions
of the said Commission And which Appeal is now depending before
your Ma'tie in Council
That the Province of New Hampshire did not deliver into the Said
Commissioners Any Appeal from or Exception to their Said Deter-
mination nor Appoint or Authorize Any persons to Attend the Said
Commissioners in relation to the Said Determination.
But your Petitioners humbly Shew unto your Ma'tie that the
Same Gentlemen who were the Committee who Attended the
Commissioners on the behalf of New Hampshire previous to the
Said Determination Attended the Said Commissioners on the Said
14^*^ of October and produced a Vote of the House of Representa-
tives of New Hampshire Setting forth in what parts of the Said
Judgment of the Commissioners the Province of New Hampshire
was Aggrieved and Excepted Against — To which Vote the Com-
mittee of the Province of the Massachusetts Bay Objected and
took Exception for that it was only A Vote of one part of the
Legislature which did not represent the whole Province whereas
by the Said Commission no Exception to or Appeal from the De-
termination of the Commissioners could be taken but by the whole
Legislature which was the Province And the Said Vote mentioning
that the Assembly having been prorogued to the 13"^ day of October
the day before the Commissioners by Adjournment were to meet in
order to receive the Appeal of either Province The Province had not
time to be prepared with their Appeal but that your Ma'tie might
not think that House Satisfyed with all parts of the Said Judgment
they Voted that his Ma'ties Province thought themselves Aggrieved
by the s'^ Judgment in the particulars therein Specifyed — The Com-
missioners to Obviate this Objection for want of time after having
BOUNDARY LINE PAPERS. 445
heard both Sides touching the receiving or rejecting this Vote con-
tinued the Matter for Consideration till their next meeting And or-
dered their Clerk to Inform the New Hampshire Committee there-
with and that as the General Court of new Hampshire was then
Sitting the Said Committee might Apply to the Governour and Coun-
cil for their Concurrence with the Said Vote — And then the Court
Adjourned to the 17"' of the Said October in the Afternoon And the
new Hampshire Committee not being returned on the 17''' from the
General Court the Commissioners Adjourned to the next day the
18'*^ of October
That on the 18"'' of October the New Hampshire Committee At-
tended the Commissioners but without the Concurrence of the Coun-
cill of the Said Province to the Said Vote the Council being of Op-
pinion that the Determination of the Commissioners was right And
that they ought to Acquiesce therein without Any Appeal on their
part and Submitt the Matter as it then Stood to your Ma'ties Royal
Pleasure
That notwithstanding the Council thus refused to Concurr with the
House of Representatives in the Said Vote yet the Said Commission-
ers on the Said 18''' of October 1737. Agreed and Determined that
the Said Vote Should be received and made part of the Records of
the Court and they Received the Same Accordingly — Upon which
the Massachusetts Company moved that they might have liberty to
enter their Protest in writing against the Same which the Court Al-
lowed them to do the next Morning to which time the Court Ad-
journed
That accordingly the Massachusets Committee the next day being
the 19*^ October Appeared and for and on behalf of the Province of
the INIassachusets Bay delivered in a writing whereby they Excepted
and protested against the Courts receiving and Entring in the Min-
utes or Records of the Courts the Said Vote of the house of Repre-
sentatives of New Hampshire which had been delivered 'em by A
Committee without the Appearance of Any power or Authority for
the Same from the Province for the following reasons.
P' — Because the Commissioners were not by their Commission
enabled or Allowed to receive anything to be made part of the Case
after Judgment but only the Appeal of either Province — And the
Said Vote was the Act of one part of the Legislature only and not of
the whole Legislature which is the Province — And therefore No
Such Vote could be received especially when the Council of the Prov-
ince had in direct opposition thereto Voted that it was not for the
Interest of the Province of new Hampshire to Appeal from the said
Judgment but to Submitt the matter as it then Stood to your Ma'ties
Royal Pleasure
44^ PROVINCE OF NEW HAMPSHIRE.
2ci!y — por that the reason Assigned for offering the Said Vote was
entirely groundless there having been full Opportunity for Severall
days in which the Governor had Continued the whole Generall Court
Sitting And Yet the said Vote had never been So much as laid be-
fore either of the other Branches of the General Court even for their
Consideration —
ndiy-For that if the said Vote had been the Act of the whole Gen-
eral Court of New Hampshire it must have been Exhibitted by Such
as were Authorized And Appointed for that purpose whereas those
who presented the Said Vote were neither Authorized nor directed
by the Said General Court to jjresent the Same So that the Province
of the Massachusetts insisted the said Vote was not the Act of the
Province neither were the persons who presented it Authorized or
directed So to do by the General Court And therefore to receive and
Enter the Said Vote and make it part of the Case was inconsistent
with the Authority and directly contrary to the plain Sense and Con-
struction of the Said Comission
That your Petitioners for and on behalf of the Said Province of the
Massachusets Bay hereby most humbly pray the benefit and Advan-
tage of the said Exception and protest on the hearing of this matter
before your Ma'tie in Council and that the Said Vote may be De-
clared by your Ma'tie to have been Improperly received by the Said
Commissioners.
That Your Pef^ further humbly represent to your Ma'tie that a
petition hath been lately presented to your Ma'tie in Council Stiled
the humble petition of Appeal of John Thomlinson of London Es-
quire Agent for the House of Representatives of your Ma'ties Prov-
ince of New Hampshire for and behalf of your Ma'tie and your Loyal
Subjects of your Province of New Hampshire which petition Stands
referred by Order in Council to the Right Honourable the Lords of
the Committee of Councill
That the Said Pef by his Said petition humbly Appeals to your
Ma'tie Against the Said Determination of the Said Commissioners as
well in behalf of your Ma'tie as of the Said Province of New Hamp-
shire though by the Stile of the Petition he Admitts he is Agent of
the House of Representatives of new Hampshire only.
That the Said Petitioner grounds his Said Petition of Appeal on
the Said Vote of the House of Representatives which he states in his
Said Petition to be different from what it really is
That the Said Petitioner by his Said Petition States a great Vari-
ety of matters by way of Complaint personally Against His Excel-
lency Jonathan Belcher Esq"" Governor of the Said Provinces of the
Massachusetts Bay and new Hampshire and also by way of Complaint
BOUNDARY LINE PAPERS. 447
against the Majority of the Members of your Ma'ties Council of the
Said Province of New Hampshire touching their Conduct and beha-
viour for Several Years past and that are no part of the Record of
the proceedings of the Commissioners or on which they formed the
Said Judgment
And the Said petition prays your Ma'tie to make Several Orders
and Determinations in the premisses for Scttleing the Just Bounds
of the Massachusetts Province and for the relief of your Subjects in
new Plampshire in all respects
That your Pef^ most humbly Submitt to your Ma'tie that the Said
John Thomlinson from the Title of his own petition Appears not to
be properly and Sufficiently Authorized to present Any petition of
Appeal to your Ma'tie from the said Determination of the said Com-
missioners he not being Agent of the Province but only of the House
of Representatives who have no power of themselves to Constitute
and Agent to represent the Province And it is very remarkable how
the Pef can Say he Appeals from the Said determination to your
Ma'tie in behalf of the said Province when in this very Petition he
States that the Council of the Province refused to Concurr with the
House of Representatives in Appointing An Agent And in prose-
cuting an Appeal from the Said Determination of the Said Com-
missioners
That your Pet'"" humbly Apprehend It is the Office of A petition
of Appeal to State only the matters contained in the Record of the
proceedings and Judgment Appealed from and not to go into Mat-
ters out of or Extra the Record whereas your Pef^ conceive by far
the greatest part of the Matters contained in the Said John Thom-
linsons petition to be Extra the Record and to relate to Severall per-
sons not parties to the Said proceedings and to matters of a quite
different Nature from those contained in the Said Record and that
cannot be taken into Consideration on the hearing of Any Appeal
from the Said Judgment of the Said Commissioners and for which
the Province of the Massachusets Bay are no ways responsible
That the thus blending together in one and the Same Petition
Matters of a different Nature and concerning and Affecting different
partys is as your Petitioner humbly Conceives very improper and
Alltogether Irregular.
Your Petitioners therefore most humbly pray your Majesty that
the Said Petition Stiled the humble Petition of John Thomlinson of
London Esquire Agent for the House of Representatives of your
Majesties Province of New Hampshire for and on behalf of your
Majesty and of your Loyal Subjects of your Province of new Hamp-
shire may be Rejected and Dismissed — And that your Majesty will
be graciously pleased to make Such Orders and give Such directions
44^ PROVINCE OF NEW HAMPSHIRE.
in all and every the premisses as to your Ma'ties great wisdom and
Justice Shall Seem meet
And your Petitioners as in Duty bound Shall ever pray &c
Fra VVilks
Rich'^ Partridge
[A^-ents Wilks iuui Partridge to Secretary Willard, 1738.]
[Mass. Archives, Vol. 53, p. 19.]
Secretary Willard
Yesterday by Appointment of the Lords Committee for Plantation
Affairs came on a hearing before them by Council of the subject
Matter of our Petition (a Copy whereof we lately sent to be laid be-
fore the General Court) against the New Hampshire Appeal from
the Commissioners Judgment which was intended as a Suppliment to
the Appeal We had before lodg'd at the Council Office : But at the
first Committee that sat this Season the New Hampshire Solicitor
mov'd the Lords that a Day might be appointed for considering our
Petition first seperately which accordingly was fix'd. And for our
Council we had the Attorney & Solicitor General who very fully &
learnedly set forth the Nature & Irregularity of The New Hamp-
shire Appeal in all the Circumstances of it, As to the manner which
their Assembly's Agent had taken upon him to introduce it, as well
as the Irregularity of the Appeal itself, in it's not coming from the
Province according to y*^ Royal Directions in the Commission but
only from one part of their Legislature the House of Represent-
atives.
And on the otherside likewise their Council urged the Principal
Matters set forth in their Petition of Appeal with the utmost force
of Argument they could, & the great Disadvantage they lay under
by the partial Disposition & management of Gov"" Belcher in favour
altogether of The Massachusetts purposely with Design to defeat
The Royal Intention, of New Hampshire's reaping the Benefit they
hoped for from the Commission His Majesty had been pleas'd to
issue, for setling the difference depending between them about the
Boundaries, which as they intimate was very evident by his unsea-
sonable Adjournments of the Assembly from time to time & which
was the less to be admir'd at seeing he was a Native of the Massa-
chusetts & had his Estate & P'ortune lying principally in that Pro-
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