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GENEALOGY
974.2
N41,
V.19
PROVINCIAL PAPERS
NEW HAMPSHIRE
Including the Records of the president and Council, Janu
ary i, 1679, T0 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, 1682, 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.
EDITOR.
MANCHESTER, N. H. :
JOHN B. CLARKE, PUBLIC PRINTER
1891 .
... ./ n„„„.„„,„ ,-, a,,„, ,.„ „„<— .
: August .1, 1SS1.
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 H. 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,
Deputy 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, \ Justices of the Peace,
DANIEL BARNARD, j 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 PROVINCIAL 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 Mate and Provincial Records and other State Papers of New Hampshire, approved
AugUSt •). iNM.
Given under my hand at Concord this 16th day of October, A. D. 1S90.
D. II. GOODELL,
Governor.
.1. S. i , Editor of State Papers:
You are hereby authorized to arrange, transcribe, and superintend the publication of the
Township Grants, 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 Massachusetts archives for the use of this State,
the Notes of Hazzen's Survey on the westerly part of the boundary line, as it was supposed
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 . 1 held at Portsmouth on the seventh day of August, 1699, title, I . leaf, and pp.
3-10, ai the Calendar of New Hampshire Papers in the English Archives already procured
by the S e for the New Hampshire Historical Society.
You wi 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, 1 881.
Given under my hand at Concord, this thirteenth day of October, A. D. 1891.
HIRAM A. TUTTLE,
Governor.
PREFACE.
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 al! 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 2S, 1S90, only three days after volume XVIII. , the last of the
- 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 Massachusetts.
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 t0 I7°I 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 onl) 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-
iion, after they have rem. lined for perhaps two hundred years undiscovered in
the se< lusion 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. J
" come forth." An article in Vol. 5, Collections of the N. H. 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 publication of such papers as are now accessible in Stevens's
Fac-similes and in similar works, be carried back over the period 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 1, 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
HOUSE OF REPRESENTATIVES
PROVINCE OF NEW HAMPSHIRE,
I7II-I722.
I-I
Minutes of the Representatives, 1711,
on the 9th May Mett
Mr Speaker Gerrish
N : Hill
J : Smith
Ja : Rendell
sent
Theo : Dudley
Geo : Jaffry
Step : Jones
Epha : Marston
Nickholas Gillman
S : Keais
Eze : Wentworth
D : Tilton
Theo : Atkinson
His Excellency And Councell sent for the House And Delivered
A Speech to the Speaker Viz : Gentellmen
It Is ye useall season of your Mettinge for ye service And beneffit
of ye province and I shall be glade to Consent to Any thinge for her
Majesties service And your owen Defence and advantage
I Hope ye Comitee of both Houses Left ye last sessions for ye
Ajusting your acco1 and Debts are Redey with thayer returnes soe yt
all futuere Complaynts will be Taiken Away by ye payment of ye
Arrears Debts soldiers and subsistance
Wee ar sensible that ye Indians are Devided Into small parties and
give us Trubell Every Whear In ye 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
series. 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 office of the
Secretary of State. — Ed.
10 PROVINCE OF NEW HAMPSHIRE. [i/I I
which I have Latley strenthned ye province of Magn : with on hun-
dred Musqueteears mor yn Thaier usual garrisons which are Mar-
thinge I ame Informed y1 severael of Her Majestes good Subjettes of
this province Are willing to Marth as Volunters without subsistance
or wages ffrom ye province if thay Mite have a Revvarde by ye heads
granted them by ye 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 yc servise.
* 1-2 * I recommend to your Consideration The building A Howse
for y6 province and an almes House and Beidwell In this
Towen for ye servis of The province Agreabell to what Is done In
other Plases ye benefite of which for ye Honour of the Province the
good goverment of ye 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 beforher
Majesty for her royls Alowence and Confirmation; which you may
now Doe Soe as to have them redey to Be Transmited ye next retturn
of oner ships ffor great Brittaine :
I have directed Mr Treasurer to Lay befor youye stat of your acco
he is now Entering Apon his tenth yeare since I have had ye Honour
to Command hear and have past his accots 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 ye servise of ye province soe
far Endinge with his : ninth years accots and to Desire his Care for ye
future In suply of subsistance and Clothing of Any souldgers To be
nessarely raised for ye Defence of her Majesty good subjects of this
province as ned shall be I have brought with me Colo1 Rednape her
Majestys Engenear : to peruse ye works at ye fort and to report The
nesseary repay ers which I shall Lay befor them —
May 9th The Howse Is Ajorned for two Howers :
The house Returned According to Adjornm1 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 lvxcellency
Wee have Perused Your Excellencys Speech and Shall Con-
sider the several! paragrafes therein And Doe Our Duety In An-
swearing them
9 May 171 1 by order of the house of Representatives
Copie Sam11 Keais Cler :
171 I J JOURNAL OF THE HOUSE OF REPRESENTATIVES. U
the Return of the Comitte being befor Us Wee find therein three
Articles Refered to this house Viz : Muster Roles for Two Dayes
.scouting
Voted that the sd Muster Roles be paid
Adjorned to the ioth Ins1 nine of Clock
May iothThe Howse Mett at time and plas : Excepting Mr georg :
Jeffrys : Cap1 gillman : Cap1 gillman Came sone After : and allsoe
Mr Jeff ryes :
the Return of the Comitte for Examining the Pro : Dts &c : being
sent Is Approved of and Voted : the Dts Amounting to three thousand
thousand Seventy five pounds 17s & 05d ,£3075 117:5
* The Howse Is Ajorned for 2 howers. * 1-4
Returned According to Adjornm1 the Whole house
May ye 10 The Howse Is Ajorned to tomorow 9 of ye Clock it Be-
inge ye 1 ie Enstant
May 11th The Hows Mett acording to time and plas Excepting Mr
Atkinson and Mr Georg Jffryes Mr Jeffrys Came sone after
The Howse Is Ajorned for 2 howers
The Hows Mett according to Ajornment exceptin Mr Atkinson
May : 11 : The Howse Is Ajorned to to morow 9 of The Clock it
beinge ye 12 Enstant
May : 12 : The Howse Mett according to Ajornment Excepting Cap1
Gillman : —
Capt Jn° Gilmans Muster Rool Examined and Allowed thereon
Ditto for Soldiers Posted at Madm Hillons Garrison
both Dated the 23d June, Examined & Allowed $ 4" I0" 5
In Relation to the Peticion of Mr Ffrench of Hampton this Day
Presented — Ordered That the Select men of the Town of Hampton
Repay the Sd Jn° French two pounds thirteen shillings & id out of
their Town Rates, And that His Excellentcy be Desired to Order
the Settlement of the Province Bounds.
* Voted That Sam1 Moor be Pay'd twelve shillings out of the * 1-5
Treasury for the Cure of a Wound Recd in ye 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 pr his Acco1 of the Port Royall Expedition
The Bills of Credit of This Province haveing such a generall Cur-
rentcy
12 PROVINCE OF NEW HAMPSHIRE. [l7U
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 pr Cent
An Act for Preventing the forging an alltering ye 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 ye 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 ye Pay-
ment as allowed That the money may not be other way's applyed — -
The House is Prorogued to Monday the 14th Inst, at 12 a Clock —
May 14th The House Mett according to Prorogation all except Capt
Nich0 Gilman & Theophilus Dudley Esqr
The House sent for by his Excellentcy & Councill. And Signed
three Acts, viz1 for Incouragement of Voluntiers ; for Preventing
Counterfitting Bills of Credit ; for Repeating one thousand pounds
Bills of Credit
* 1-7 * The House is Adjourned for two Hours —
May 14th The House mett according to Adjournment all ex-
cept Dudley & Gilman —
May 14th 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 viz1 : 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 —
pr the Assembly.
Whereas there was an Act pass1 sometime since that all vessells Ly-
able to Pay Powder Duty should Pay it in Specie; —
171 I] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 13
Considering (by the Queens Bounty) there is a Considerable Quantity
in the Magazine
May 14th Voted That Every Vessell Lyable to the Duty as pr that Act
appears Doe for the time to Come Pay the said Duty in Money at
two shill pr tun to the Treasurer for ye use of the Province —
pr the Assembly —
Sent up for Concurrence But not allowed of by the Governr &
Councill
* house Adjorned to the 15th 8 of Clock * 1-8
May 15 Mett According to Adjournment present
Mr Speaker Smith
Marston
Hill
Keais
Tilton
Jones
Jaffrey
Atkinson
Wentworth
Rendell
Voted That a Committe be appoynted to Revise the Laws of this
Province and Drawing up such Others as may be thought proper to
present to his Excellentcy at the next siting of ye Generall Assem-
bly.
14th May by Order of the House of Representatives
Voted That Joseph Smith Theodore Attkinson & Geo : Jaffrey be a
Committe to Joyne with ye Committe of ye 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 14th June 171 1 Att Which time the
Honble John Usher Esqr L* Govr and * Councill sent for the * 1-9
House Att wch time the Whole house Were present Except
mr Ez : Wentworth And Reed his honrs Speech With his Excellencys
Leter And had Copie of his Excellency8 Instructions Read to Us Re-
lateing to the Reduceing Kanady & Newfoundland.
Copy of Govern" Leter
Gentlemen Boston 9th June 171 1
I herewith send you Copy of Her Majesties Instructions to my
Selfe Refering to the Expedition to Canada which I Desire you to
keep Secret yet
You haveallso enclosed an Embargo in Obedianceto her Majesties
Sd Instructions which you must presently publish and acquaint ye ffort
& Officers of the Customs with & see it observed
14 PROVINCE OF NEW HAMPSHIRE. [171!
And I Doc 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 ye sd men that the Assembly will at their next
Session take Care for ye Payment of ye Wadges & Subsistance and
other Charges of ye said forses —
* 1- 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 allye soldiers which will save
a great part of ye Charge Majr Plaisted brings this and will acquaint
you any thing Necessary. Let us be Private in ye Affair as Long as
we can least it goe to Quebeck or Placentia with my Service to the
Speaker and Gentlemen of ye Assembly. I am Gentlemen
Yor Very Humble Serv*
J Dudley —
Jun ye 15 The Hows Is Ajorned to to Morow ioof ye Clock it beinge
ye 15th Enstant :
Gentlemen —
Her most gracious majesty haveing sent his Exelency general Fran-
cis Nicholson Esqure 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 ye 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
I/Il] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 15
to Consult in this great Designe. / 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 foreces for
the Reducing of Quebeck, &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 Dutifull and Loyal! Sub-
jects in your Dispatches. /
Her majestie is at great Expence and charge in this Affaire and
hath sent Cloathing, &c : for our Souldiers and many Presants of val-
lue 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 ye Reducing the Common Enemy 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 Govrs Letter
Gentlemen Boston 11th June 171 1
There is a Congress of ye Governr of Her Majets Provinces in Con-
necticut. I Desire You to Appoynt two Persons one of ye Councill &
one Commoner from ye House of Representatives to Attend ye Ser-
vice of ye Province of N Hampshire to attend me thither and let them
be at my House on thirsday ye 14th Inst, and if I be Proseeded to fol-
low me — or Y Humb Serv*
To Mr Secretary Story to be Communicated to the Councill & House
of Representatives sitting —
15 the House Mett According to Adjornment Present the Same As
i6 province of xr:\v Hampshire. [171 1
on the 14 All Except Mr Wentworth — Mr Wentworth came sone
after
Mr Secretary Story Shewed us his Excellencys Lett1" of ye 11th Inst
Relateingto one Member of 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.
:'x 1 — 13 We have his Excellency's Letter and * Your Honrs Speacli
under Consideration and shall Endeavour the Queens & Prov-
ince Service therein With all Expedition
171 1 June 15 Voted by the House of Representatives
Sam1 Keis Clericus
May it please yor Honr
We haveing Considered His Excellency's Letter and Yor Honrs
Speach In which we find that the Direction is to Raise men not ex-
ceeding one Hundred, and in one part of ye Govern1'3 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 ye
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 Officers & 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.
171 1 June 15th pr Order of ye House of Representatives
Copie Sam1 Keais Cler
This Vote Not 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 ye 15th The Hows Is Ajorned to ye 16th 9 of ye Clock
Jun [6tb The Howse Mett according to ye Above Ajornment Except-
ing Cap1 (Tillman
We haveing Considered His Excellency's Letter and yor Honrs
Speach in Which We find that the Directions is to Raise men not ex-
ceeding cue hundred, and in one part of Her Majests Instructions to
his Excellentcy we observe the Quota Demanded from N. England is
171 i] JOURNAL OF THE HOUSE OF REPRESENTATIVES. IJ
one thousand men, We Humbly Conceive that our proportion thereof
is not more than Eighty men But being senceable of ye Great advan-
tage the Sucksess of this Expedition may be
Voted That there be Raised Ninty men includeing Officers & Saylors
for ye Service of ye fteent 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 ye last years Expedition)
For Payment Whereof We Promise to make Provision at ye Next
Sitting of this House
171 1 June 16th Passed ye House of Representatives
pr Sam1 Keais Clr
* June 16th * 1— 1 5
12 a Clock The House is adjourned to four a Clock in ye af-
ternoon
4 : a Clock The House Mett according to Adjournment and all ap-
peared as before — Except Captayn Gilman :
The House is Adjourned to Monday ye 18th Inst. 2 a Clock afternoon
June 18th The House Mett all except Mr Atkinson Majr Smith & Mr
Wentworth Mr Atkinson Came son after and allsoe Major Smith
and Mr 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 Howse Mett according to ye Above Ajornmen* Exceptine
Cap4 gillman :
The House Is Ajorned to tomorow 10 of The Clock : it being ye 19th
Enstant —
Jun 19 The Howse Mett Excepting Atkinson : gillman Jeffrys Major :
Smith and Cap1 Hill and Randell : Mr Atkinson and Mr Randall
Came somtime After : —
The Howse is Ajorned for 2 howers
The Hows Mett Excepting Mr Jeffreys gilman : dudly Mr Jefrys
Cam somtime after : —
* June 19th The House Adjourned to the 20th Inst ten a * 1-16
Clock —
June 20 The Hows Mett according To Ajornment Exceptin Cap1 gill-
man Major Smith : Mr Jeffrys : and He Cam sone after
The House Adjourned to two of the Clock afternoon
1 8 PROVINCE OF NEW HAMPSHIRE. [171 1
The Howse Mett Excepting smith : Jeffryesgillman Mr Jeffrys Came
sone after
May it Please Yor Honr
We have waited Long in Expectation of Receiveing an Answer
from his Excellency to our Vote of ye 16th Inst, for Raiseing & Sub-
sisting Ninty men includeing officers & Saylrs. 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 viz1 One Hundred Men Includeing Officers &c with three
months Provisions as pr our said Vote Exprest May Advance the Ser-
vice of ye Expedition
Voted That there be Aded ten men with subsistance &c to the Ninty
voted for ut Supra
20th June pr Order of ye House of Representatives
Sam1 Keais Cleres
* 1 — 1 7 * June 20th The House is Prorogued to the 12th of Septembr
next —
Memorandum That one ye 3d of July 171 1 Major Smith Epher-
my Mastons Mr Daniell Tilton had ther Debentors for all Their
servis one ye Assembly from October ye 23 17 10 to June ye 20th
171 1 : smith 29 days Maston 32 days Tillton 27 clays : allsoe Cap*
Hill and Mr wentworth and steven Jones had thayr debentues at
sam time as above
July 6th 171 1 By An order from his Excellency Joseph Dud-
ley Esqr The Assembly Was Called then present Mr Speaker Hill
Wentworth Rendell Keais Tilton Marston Atkinson Smith Jeffrey
Copie of the j
Gov : Leter \
Sr 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 Agrenr* of the Congress of the Govern1
Boston July 2d 171 1 Your Serv* J Dudley
To Mr Secretary Story to be Comunicated
Iet1 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 — 1 S * 171 1 July 6th Wheras there was a Vote of this House of
ye 16th & 20th Ulti° for Provideing Provisions &c for Subsist-
ing one hundred men three Months But fearing that not sufficiant
Voted That in Lieu of ye three months Provisions there be provided
One hundred & twenty six Days provissions for one hundred Men
171 i] JOURNAL OF THE HOUSE OF REPRESENTATIVES. IC>
and that the Transport Vessells be allowed Eight shillings a Tun ^
month
July 6th Passed ye House of Representatives Sam1 Keais Cler
Considering there was Large Incouragement Offered by this House
to Voluntiers that would inlist for ye Service of the Expedition to
Canada and None Appearing thereon and that those Impressd for the
Sd Service have had Large Incouragem* from their Capts & Neighbrs
wch with ye Que'ns Bounty & Stated Pay we think Sufficiant.
Voted That there be Nothing Ad'ed to the Pay of Officers or Soldiers.
July 6th p m Passd ye House Sam1 Keais Clers
The House sent for by the Councill And prorouged Untill the 12th of
Sep* According to the former prorogation
* July 22d These of ye House Mett by vertue of An express * 1-19
from his Excellency to Mr Story : vid : speacker Mr Went-
worth Cap Hill Major Smith Mr Tilton Mastines ye Clark : Masr
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 ye 22d 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-
elency5 Brigadier Hill appointed by your majesty commander
in Chief and the honourable Sr Hovenden Walker * Admirall * 1-20
of your majestys Squdron who Happily Arrived att Boston
on the 24th 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. [i/II
Health the acco* of which is Joyfull to us. The Preparations for the
Part of this frontier goverment in Obediance to your majestys 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 Roy all 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 pleaced to 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 and Thankf till Though Destressed Subjects :
July the 22d past by the House of Representatives
Sam11 Keais Clerk
* 1-2 1 * Province of "I
New Hampshr J Att a Meeting of the General Assembly
held at Portsmouth on Monday the 30th of July 171 1 : Pursuant to his
Excell>'
July 30th the Governours Letter Dated Boston the 27th July 171 1 :
Directed to Mr Secretary Story to be Comunicated
present —
The Howse Mett Exceptinge Theophi : Dudley James Rendell &
Stephen Jones
Mr Secretary Story Brought The leter from his Excellency of the
27th Ins1 to be Comunicated Viz:
Copia
Gentlemen Boston July 27th 171 1
We have the News from the french Prize Lately brought in to this
Place yl there is a great fleet from france 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 yl the fort be Strengthend with fpurty men and
171 1] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 21
ye half of ye milittia Drawn up and made ready for a march from
Hampton Exeter & Dover to ye 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 27th Currant Advising the Danger of the french fleet De-
signed to visitt this Court that there Majestys fort Wmand 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.
30th July 171 1 past by the Councell Cha : Story Secretary
Past by the House of Representatives Sam11 Keais Clerk —
* The house Is Prorouged According to the former prorouga- * 1-23
tion the 12th of September
Septr 12th 171 1 The house met according to Prorogation
f sent Mr Speaker Cap1 Hill Mr Maston Mr Randall Geo Jaffrey &
ye Clark wth Mr Atkinson
Septr 12 : The House Adjourned to ye 13th Inst 3 a clock afternoon
Septr 13th Mett according to adjournment ffsent
Mr Speaker Theo : Atkinson
Cap1 Hill Geo : Jaffrey
Ezek1 Wentworth & ye Clark —
Copy of ye Govern18 Letter —
Sr I shall either be with you on thirsday next in ye evening or on
Tuesday the 18th Inst, if God Please —
I am Yor Humle Serv* J Dudley
22 PROVINCE OF NEW HAMPSHIRE. [171 1
Let ye Assembly be Adjourned to that Day if I come not on thirs-
day next. —
Boston 1 oLh ybr To Secretary Story
Sept1" 13th The House Adjourned to ye 14th Inst. 9 a Clock in ye morn-
ing.
* 1-24 * 171 1 Sept1 14th The House Mett ^sent
Mr Speaker Theodr Atkinson
Ezek1 Wentworth James Rendall
Nath1 Hill Geo : Jaffrey
Dan1 Tilton & ye Clark —
Sent for by His Excellency who made ye following Speach viz1
Copia
Gentlemen Septembr 14th 171 1
Since I saw you in may Last her Majesties ffleet & forses have
happily arrived and ben joyned with ye 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 ye 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 ye Subsistance & Wadges
Due to our Quota, and that you may Enable the Treasury I have Di-
rected ye Treasurer to lay before you an Estimate of ye Charge,
which tho it cannot be exact will well enough put ye 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 ye
Soldiers may not be Oblidged to make any long attendance for their
payment which will increase ye 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
lyil] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 23
Septr 14th mett ^sent
Mr Speaker Dan1 Tilton
Mr Atkinson Ephra Maston
Majr Smith James Randall
Cap1 Hill Geo : Jaffrey
Mr Wentworth the Clark
Copy of ye Memorial of Theodore Atkinson Esqr —
May it Please yor Excellency —
According to yor Excellency's Directions I have Caused a House
to be built for Covering the Carriages &c. at Her Majts ffort Wm &
Mary. And with the Mastr 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 ye
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 Yor Ex-
cellys Humb & Obediant Servant Theo : Atkinson
Read at the Councill Board.
Upon the Representation abovesaid Ordered That Jn° Plaisted &
Marke Hunkings Esqrs be a Committe to joyn with two of ye Com-
mitte of the House of Representatives forthwith to Repair to Her
Majesties ffort Wm & Mary, and make Report of what the Charge of
such Repairations in the Representation Mentioned will Amount to.
Cha : Story Secretary
Voted That Mr James Rendall and Geo : Jaffrey be of the Committe
for this House to Joyne with the Committee for the Above Service
Sam1 Keais Clericus
Septr 14th The House Adjourned to ye 15th Inst 8 a Clock in ye
morning.
Sep1 15th Hows Mett Acording To ye Above preyrogation Except-
inge Mr Jones Dudley : and Cap1 gillman Cap1 gillman Came sone
after :
Copy of ye Committe's Return
Prov : N : Hampshr
Pursuant to the within Vote We have bin at Her Majls Fort Wm
& Mary & Viewed the Carriages &c and ffind twenty two Wheals
24 PROVINCE OF NEW HAMPSHIRE. [l7H
Rotton one Carriage p* and all the Axelloes ; We are of opinion that
it is Necessary to have vc Powder house Clapborded. The Charges
of Renewing yc Carriages & of all other Repairs may am" to fifty
pounds Humbe submitted ^ Jn° Plaisted
Mark H unking
Geo : Jaffrey
James Rendell
* 1-27 * Sept1' 15th 171 1 Read in Councill and the Return of ye
Committe is Allowed and Approved of. And the said Com-
mute is appoynted to take Care and proceed in the Repairs of ye
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
Sam1 Keias Clark —
Sep1 15 The House Adjourned to the 17th Inst Nine a Clock in ye
morning —
Sep1 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 Honors
We have Perused and concidered his Exelencys Speach / we find
by our votes that we promised to Reimburst the Treasurer for Sun-
dry s which according to his Estimate we think to be about eight
Hundred pounds and the other claims from Mr 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
Dccembr next be repeated for the payment of Such promises and
Debts as shall be allowed by the comtee & Approved of by the
* 1-28 General] 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./
Scpr 17th 171 1 Sent for by the Upper House and Prorouged to thirs-
day the 1 8th of Octob1' next, 10 a Clock in ye morning —
Octobr 8th By an Order from his Excellency ye Govern1 the House
met \'sent
Mr Speaker Mr Tilton Mr Marston
Mr Atkinson Cap1 Hill Geo : Jaffrey
Mr Wentworth Cap1 Dudley & ye Clarke.
Cap1 Gilman Mr Rendall
171 i] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 25
Sent for by the Councill who gave the ffollowing Speach from ye
Govern1- viz1
^ ™ rc/c 1 > Gentlemen
Governrs Speach J
The great Hurry of Affairs Refering to ye forces in ye 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 ye Act for ye Excise & Impost * 1-29
being within a few days and ye 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 ye Continuance of ye Act of the
Excise and Impost which is allways a branch of ye 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 ye Land
tax I Shall be allways ready to Doe my Duty to Her Majesty's Rev-
enue and Justice to ye Province for ye Payment of their Debts.
I must Desire you to Enable ye Treasury by repeating and further
Impressing so many Bills if you Chuse that way as will Pay ye 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 we Disparage
Our Bills so as they should Loose their Currency and the Governm4
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 Octobr the 8th 171 1. J Dudley
The House Adjourned to 9 a Clock ye 9th Instant.
Octobr 6th Met according to Adjournment ^sent
Mr Speaker Mr Wentworth Cap1 Gilman
Cap1 Dudley Mr Atkinson Geo : Jaffrey
Mr Rendall Ephra Maston Sam1 Keis —
Mr Tilton Cap1 Hill
* 171 1 Octobr 9th Considering the Season of ye 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 ye Govr be Desired forthwith to Reduce ye
Number of soldiers at Fort William & Mary to the Winter posture
according to his Excellency's Speach of ye 19th Septr 171 1
Copia Sam11 Keais Cler
Octr 9th Past ye House —
The House Is Adjorned for two howers
3
26 PROVINCE OF NEW HAMPSHIRE. [l7H
The House Mett According to Adjornm1 All present As in the
Morning —
Voted that two thousand pounds In Bills of Cr be Impressd And
Signed by the Comitte : And Applyed for payment of such Dts As
shall be Allowed by the Comitte for Auditing the province Dts &c :
And Approved of by the Gen11 Assembly; and that A Comitte be
Appointed for Drawing An Act Accordingly
Copie Sam11 Keais Cler :
Oct ye 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 ye former Act
Oobr 9th 171 1 ctPast yc House
* 1-3 1 * The Return from the Councill As A Comitte for Drawing
the Act for Impresing two thousd pounds &c
John Plaisted ) of the Councell
Cha : Storey j Cha : Story Sec.
Theo : Atkinson j of the Representatives
Copia Geo : Jaffrey j Sam11 Keais Cler :
octor 9th The Howse Is Ajorned to tomorow it beinge ye 10 En-
stant all to Met at 10 of ye Clock
Octobr iolh Met accordingly — ^sent
Mr Speaker Dan1 Tilton Geo : Jaffrey
Mr Atkinson Eze Wentworth Sam1 Keis.
Mr Dudley Cap1 Hill
Memorandum Cap1 Gilman & Mr Ephra Maston absented themselves
without Leave.
Voted That M1' 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 ye Province advantage and the rest to be housed in ye
Maggazein
Oct1' iolh Past ye house
* 1-32 ( )ctobr 10th Sent for by ye Councill and Prorogued to thirs-
day v 15th of Noveml/ 171 1
Octob1' 30th The House Mett pr an order from His Excellcy ye Gov-
ernr : $sent
Mr Speaker Dan1 Tilton James Rendle
Mr Atkinson Esekel Wentworth Geo : Jaffrey
Majr Smith Ephr Marston Sam1 Keis
Voted That there be An Address from this house to the Queens
Most Excellent Majesty that An Expedetion be brought on for the
lyilj JOURNAL OF THE HOUSE OF REPRESENTATIVES. 27
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 sd Address And that the Speaker Signe In behalf of
the house —
Past the house of Representatives 30th Oct 171 1
Copia Sam11 Keais Cler
The house by order of the Gov Delivered by Mr Secretary Pro-
rouged untill the 1 5 of Novemr
* 171 1 Novembr 15th The House Mett according to Proro- * 1-33
gation ^sent
Mr Speaker Cap* Hill
Geo : Jaffrey Sam1 Keis —
Adjourned to ye 21s1 Inst. 2 a Clock in ye afternoon
Novr ye 21th The house mett according to adjournment & present
Speaker Cap1 Hill Dan11 Tilton
Geo : Jaffry Epha Mastyn Sam11 Keis —
Adjorned to ye 22th Inst 2 a Clock In ye afternoon —
Novembr 22d The House mett according to Ajorment and present.
Speaker Cap1 Hill Mr Randal
Geo : Jaffry Epha Mastin Sam1 Keais —
Adjod to thirsday — ye 29th Ins* at 2 of the clock in ye after-
noon
* Novembr 29th Met according to Adjournment ^ sent * 1-34
Mr Speaker Geo : Jaffrey
Cap* Hill Sam1 Keis
Adjourned to ye thirsday ye 6th of Decr
Dcbr ye 6th The house mett according to Adjournment f^sent
Ye Speaker Majr Smith Cap" Dudley
Mr Atkinson Dan1 Tilton James Rendal
Mr Geo : Jeff ry Epha Mastyn Sam11 Keis —
Cap" Hill
The house by order of his Excellency delivered by mr Secretary
Story, Is Prorogued till Wensday ye 6th of ffeby —
Feby ye 6th The house met according to Prorogation & present
ye Speaker Dan11 Tilton Sam11 Keis
Mr Atkinson Epha Mastyn Cap1 Nathan el Hill
Mr Jeffry Mr Dudley M^Steaven Jons
Adjourned till Thirsday ys 7th Ins" att two Clock In ye afternoon —
28 PROVINXE OF NEW HAMPSHIRE. [l712'
* 1-35 * Feby 7th The house met according to adjournment ^sent
ye Speaker Mr Atkinson Mr Jones
Geo : Jeffry Dan11 Tilton Sam11 Keis —
M' Dudley Cap" Hill
Adjorned to Thirsday ye 14th Ins" att two aClock In ye afternoon
Feby ye 14th The house mett according to adjournment & Present
yc Speaker Cap" Hill
Mr Atkinson Sam11 Keis —
The house by order of his Excellency dd by Mr Secretary Story Is
Prorogued till tusday ye 25th March, till two of the Clock In ye after-
noon —
March 25th The House mett according to Prorogation plan —
Mr Speaker Cap1 Hill Geo : Jaffrey
Theodr Atkinson Esqr Mr Rendall Sam1 Keis —
Copy of ye Govern1"8 Letter Boston 17th March 17"/^ — L
I Doe hereby Prorouge the Generall assembly of Her Majts Province
of N Hampsh1' to Wedensday ye Last of Aprill next : Given under
my Hand J Dudley
To Mr Secrt Story
* 1-36 * March 25th The House is Prorogued ^ the Govern8 Order
to Wedensday the Last of Aprill next 171 2.
March 26th 171 2 Memorandum that Cap1 Richd Gerrish mr Geo :
Jaffrey and Sam1 Keais had theire Debentors from March the 3d
1 7,0/n t0 March ye 26th 171 2
Cap1 Gerrish 56 days )
mr Jaffrey 55 clays >
Sam1 Keais 56 days )
April 30th The House mett according to Prorogation ^sent
Mr Speaker Mr Maston Geo : Jaffrey
Cap1 Hill Mr Rendal Mr Keais
Mr Atkinson
The House adjourned to May ye Ist 2 a Clock
Memorandum That M1 Ezekiel Wentworth Mr Steph Jones and
Cap1 Nath1 Hill had their Debentors from Octobr 23d 1710 to May
Ist 1712. Viz
Cap1 Hill ~] 65 days
Mr Went worth V42 Days
Mr Jones j 18 Days
[The abovejmemorandum has a line drawn through it. — Ed. J
1712] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 29
May ye Ist 171 2 The house mett according to adjournment and —
present
the Speaker James Rendal Mr Keais
Mr Geo : Jeffry Cap11 Hill Mr Atkinson
* May ye 2th 171 2 The house is adjourned to may ye 2th two *i~37
a clock —
May 2d : Memorandum That Magr Joseph Smith Epharim Mastin
and Daniel Tilton of Hamton had theire Debentors from octobr
23d 1 710 to May Ist 1 71 2. viz1
Major Smith 25 days )
Mr Epharim Mastin 47 Days >
Mr Daniel Tilton 39 Days )
May 2d The House Mett according to Adjournment ^sent
Mr Speaker Mr Jones Sam1 Keis
Cap1 Hill Geo : Jaffrey Mr Atkinson
The House Adjourned to Monday the 5th Inst 10 a Clock —
May 5th The house Mett according to adjournment ^sent
ye Speaker Mr Dudley Mr Tilton
Mr Jeffry Magr Smith Mr Keis
Mr Atkinson Mr Rendal Cap" Gilman
Mr Mastyn
The House adjourned for two hours — & Mett. ^sent
Mr Speaker Ephra Maston Mr Rendall
Mr Atkinson Cap1 Gilman Majr Smith
Cap1 Dudley Cap1 Hill Geo : Jaffrey
Dan1 Tilton Mr Jones Sam1 Keis
* 1 71 2 May 5th Copy of His Excellency's Speach * 1-38
Gentlemen Portsm0 5th May 171 2
The Disaster of Her Majesties ffleet and forces the Last Year has
as we might Justly expect encouraged ye 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 ye filling places to prevent their
Lodging near us.
I have therefore resolved — to Double ye 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 PROVINCE OF NEW HAMPSHIRE. [l712
be known to Approach us with any great number — which is to be
Expected by an Intelligance from Casco bay — which I shall Commu-
nicate to you her majesties fort must be also Enforced — with the
Usual Number — for ye 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 Esqr brought by Mr Secretary
Storey Directed to his Excelcy 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 sd Hincks hath Any thing Due from the Province
the Comitte Is to Receve his Claims & make Report thereof As they
Doe In other Province Dts
Voted A Concurrence With the Councell In this Matter
Sam11 Keais Cler
The House adjourned to Tuesday ye 6th Inst 6 a Clock —
May 6th The House Mett ^sent
Mr Speaker Cap1 Gilman Sam1 Keis
Cap1 Dudley Timo Gerish Majr Smith
Mr Rendall MrTilton Theo : Atkinson
Mr Maston Cap* Hill Step : Jones
Geo : Jaffrey
Upon ye Death of Mr Ezekiel Wentworth Cap* Timothy Gerrish
was chosen a Representative for the Town of Dover, and Sam1 Pen-
hallow Esqr came wth Mr Secretary Storey and Qualifyed ye Said
Cap1 Tim0 Gerrish by Administering the Oathes &c Appoynted.
And the Scl Cap1 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 5th 1712
May 6th The Councell Concured wlh this Vote —
The Petition of Sam1 Foulsom & Elias Phiibruck Read in yc house
and Agreed w1'1 ye Order of ye Govr & Councill that they be Dis-
I /1 2] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 3 1
charged from ye Payment of any Tax to either of the Towns 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 Nath1 Ware Esqr &c of ye flails Parish in
Hampton, & It is the Opinion of this House that the Peticioners
be Referred to ye Generall Town Meeting of ye Town of Hamp-
ton.
* May 6th 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 7th 9 of Clock
May 7th The House mett. ^gsent
Mr Speaker Mr Tilton Geo : Jaffrey
Maj1" Smith Mr Rendall Cap* Dudley
Cap1 Hill The. Atkinson Esqr Sam1 Keis
Mr Jones Ephra Maston Cap* Oilman
Cap1 Tim° Gerrish
The House Adjourned for two hours —
The House mett & present
ye Speaker Mr Tilton Geo : Jaffry
Mgr Smith Mr Rendal Cap" Dudley
Cap" Hill Cap" Attkinson Cap" Gilman
Mr Jones Epha Maston Sam11 Keis
Cap1 Tim° Gerrish
Salathiel Denbo Receiveing a Wound in the Expedition to Canada,
Which was Recommended to this House by ye Govr & Councill for an
allowance for Subsistance & Satisfaction.
Voted That there be Pay'd unto ye Sd Denbo from ye Treasury Ten
pounds, for Subsistance & Satisfaction
May 7th pr Order of ye House
* Adjorned by the Speaker to the 8th Ins1 nine of Clock * 1-42
May ye 8th The House mett & Present
Ye Speaker Mr Mastyn Mr Tilton
Magr Smith Mr Jones Mr Keis
Cap" Dudley Mr Rendal Mr Atkinson
Cap" Gilman Tim° Gerrish Geo : Jaffrey
adjorned for two hours —
32 PROVINCE OF NEW HAMPSHIRE. \_l712
Returned According to Adjornm1 Present the Whole house
Haveing Perused the Committe's Return in which they Refer the
Muster Roles of Coll" Wallace & Cap1 Jeffries to the Gen1 Assembly
which Muster Roles are Allowed. But we find in the Portlige Bills of
the Transports Severall Persons that are in the Muster Roles viz1
Cap1 James Jeffries Sam1 Penhallow Aron Ingram Abra Remmick
Abra Clark Salathiel Denbo. We allow for their Service in the
Transports.
Voted To Pay James Jeffries & Sam1 Penhallow each five pounds &
to ye other four forty shillings each to be aded to their Wadges in
v Muster Roles and is in full for their Service in ye Vessells afore-
said.
May 8th p1 Order of yc House
* 1-43 * May 8th 171 2 Adjourned by the Speaker to ye 9th Ins1 Nine
a Clock —
May 9th The House mett ^sent
Mr Speaker Cap1 Hill Geo : Jaffrey
Majr Smith Cap1 Dudley Sam1 Keis
Mr Maston Mr Jones Cap1 Tim0 Gerrish
Mr Tilton Cap1 Gilman Mr 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 9th pr ( )rder of ye House —
Adjourned by ye Speaker for two hour'es —
The House mett all ^sent except Mr Rendall & Mr Tilton
Voted That Every Minister of this Province being Caled and Quali-
fyed by law Shall have A Serv1 free from Any Impress
by order of the house of Representatives
Copia Sam11 Keais Cler
Adjoined to the 10th 10 of Clock
* 1-44 * May 10th The House mett ^gsent
Mr Speaker Cap1 Tim0 Gerrish Cap1 Hill
Cap' Dudley Geo : Jaffrey Cap1 Gilman
Majr Smith Mr Maston ' Sam1 Keis
Mr Rendall Mr Jones ' The : Atkinson Esq
Voted That there be Pay'd to Abra Rymack forty shillings more
than is allowed in ye Muster Role it being for Service on board a
Transport
iyi2\ JOURNAL OF THE HOUSE OF REPRESENTATIVES. 33
May 10th pr Order of ye House —
Voted That Mr Atkinson be Allowed thirty pounds for his service
At her Majestys ffort in the Year 1711 Which Is In full of the
fifty two pounds he Claimed In his Muster Roll
Copia
Adjorned by the Speaker for Two hours
The House Mett at Time —
May 10th The Committes Return & ye Accots Examined and Al-
lowed. Am0 to Two thousand five hundred eighty four pounds
ten shill : 2d
* May 10th 1 71 2 Voted fThat the Claim of Mr Richd Partridge * 1-45
be Referred to the Com'itte for Auditing ye Prov : Accots.
Two Votes sent up Viz :
one to Impower the Select men to Inspect and order the Children
of their parrishes As *$ Vote on file
That All persons Refuseing or Neglecting to Obey the Comand of
their Officers In Any Milletary Station be Sent to the fort As ^
Vote —
The Return of ye Com'itte in May 171 1 allowed to Maj1' Wm
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 ye Sd Majr Vaughan
Voted That on ye Certificate of Coll° Wm Partridge that he hath not
Recd the aforesaid Sume for Maj1' Vaughan That the Sd Majr
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 10th pr Ordr of ye House —
* May 10th 1712 The House sent for by the Govern1" & * 1-46
Councill & Prorouged to thirsday ye 12th of June 171 2
May 10th 1712 Memorandum That Cap1 Nath11 Hill Mr Ezekeil
Wentworth and Mr Stephen Jones had there Debentors from Octob1'
23d i7ioto May 10th 1712 Viz
Cap1 Hill — 73 clays ~)
Mr Wentworth — 37 days V
Mr Jones — 25 days . J
May 10th 1 71 2 Memorandum That Cap* The0 Dudley and Cap*
Nicholis Gilman had there Debentors from march the 8th 17 IO/
to May 10th 1 71 2
Cap* Dudley 36 Days
Cap* Gilman 23 Days —
34 PROVINCE OF NEW HAMPSHIRE. Yl712
June 12th 171 2 The house mett according to Prorougation present
ye Speaker Cap1 Kill Mr Randall
Mr Tilton Geo: Jaffrey Sam1 Keis
Cap1 Tim0 Gerrish
Adjourned to thirsday yc 19th Inst 2 a Clock p m
* 1-47 * May [June] 19th 1712 The House mett according to Ad-
journment & Present
Speaker Mr Randall Mr Tilton
Mr Geo : Jeffry Cap" Hill Mr Keis —
The house is Proroug'ed by ye Govern" order to Wensday the 16th
of July Next 1712 —
July 3d Memorandum Mr Theod Atkinson Esqr had his Debenture
for Service Done on the Assembly from febr ye 2d i/10/n to June
ye 3d 1 712 — 55 Days —
July 3d Memorandum that Mr James Randal had his Debenture for
Service Done on the Assembly from febr 2d 1710:11 to July 3d
171 2 43 Days.
July yc 16th 1 712 The house Mett according to Prorougation pres-
ent
ye Speaker Cap" Hill Tim° Gerrish
Mr Geo Jaffry Cap" Gillman Mr Keis
Mr Rendal
Adjourned to thirsday ye 24th Ins" 2 a Clock
* 1-48 * July ye 24th 1 71 2 The house mett according to Adjourn-
ment & ^sent
yc Speaker Geo : Jeffry Sam11 Keis —
The House is Prorouged by ye Governrs order Communicated by
mr Secretary Story till Wensday ye 13th Augs" next two of ye
Clock ■ —
Augs" ye 13th 1 71 2 The house mett according to Prorougation —
& Present
yc Speaker Geo : Jaffry Magr Smith
Mr Aatkinson Mr Rendal Sam11 Keis —
Adjourned by ye Speaker to Thirsday ye 14th Ins" 2 a Clock
Aug81 14th The House mett f>scnt
Mr Speaker Mr Kies
Mr Atkinson Geo : Jaffrey
.Adjourned by ye Speaker to thirsday the 21st Ins1 at two of ye
Clock
1 71 2] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 35
Augs" 21th 1 71 2 The house mett & prsent
ye Speaker Geo : Jeffry Sam11 Keis —
Cap" Hill Mr Atkinson
* The House is prorouged by ye Governrs order & Communi- * 1-49
cated by mr Secretary Story till wensday the 24th Septe1" next
two of ye Clock —
Septr 24th The House mett ^sent
Mr Speaker Mr Maston Mr Clark Keis
Cap1 Dudley Mr Atkinson Geo : Jaffrey
The House Adjourned to thirsday ye 25th Inst By ye Speaker at 2 of
ye Clock — '
25th The House mett ^sent
Mr Speaker Geo : Jaffrey Sam1 Keis
Adjourned by ye Speaker to thirsday the 2d of Octob1' next Insue-
ing — At 2 of ye Clock
octobr 2d The House mett & present
ye Speaker Epha Mastyn Mr Atkinson
Geo : Jeffry Sam11 Keis
Adjourned by ye Speaker to thirsday the 9th of Octobr next att 2 of
ye Clock
* 1 712 Octobr 9th The House mett According to Adjourn- * 1-50
ment f^sent
Mr Speaker Ephra Mastin Dan1 Tilton
The : Atkinson James Randall Geo : Jaffrey
Theo : Dudley Nath1 Hill Sam1 Keis
Gentlemen 9th October 171 2.
I am Glad to meat You after so Difficult a summer wherein we
have had so many Inroads of ye Enemy on all sides by which not-
withstanding we have suffered so little Loss. I am senceable of ye
great Dilligence of the Officers and faithfull Service of ye scouts and
parties at all times abroad for which I Doubt not of yor Care in
their Payment as well as to let them know that their Service has bin
very Acceptable to ye 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
ye Provinces of North America, has brought forward a Peace with
ffrance upon such Honourable and Advantagious Articles That will
36 PROVINCE OF NEW HAMPSHIRE. [l712
in all parts of yu world where Brittans dwell Demonstrate Her Majes-
ties Superiour Interest and Power in ye Goverment and Decission
of v 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 ye foy of. Coll° Rednap Her Majesty's Engineer Lay's before
you the Repairs and works at Her Majesties ffort Wm & 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 Coll0 Rednap what is Remain-
ing necessary to be Done.
Mr Tereasurer will give You the present state of Yor Debts and
what is necessary.
You will bring forward such affairs of ye Govern m" 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 ye 10th Insu ^ ye Speaker 9 a Clock in ye
morning —
Octobr 10th The H
ouse mett ^sent
Mr Speaker
The. Atkinson
Thop : Dudley
Step. Jones
Cap1 Gilman
James Rendall
Ephra Mastin
Dan1 Tilton
Geo : Jaffrey
Sam1 Keais
Cap* Tim° Gerrish
Answer to ye 1 M
Govrs Speach ( J
it Please Yor Excellency
Wee are Glad to See Your Excellency Here with ye wellcome news
of an Approaching Happy Peace And are Thankfull to ye Officers
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 Acco1 of his ffrugally Disposeing of ye money for ye Service
of Her Majesties ffort Wm & Mary and shall appoynt a Committe of
our House to Joyne with that of ye Councill to view ye
* 1-52 works and Report what is further necessary* to be Done.
We shall Consider of ye State of ye Province and take Care
to Provide Money to Discharge ye Debts. And we shall with all
Dilligence forward ye Affairs of the Province That are Depending — ■
Adjorned by the Speaker for two hours
The House mett and all present as in ye forenoon. —
The House Adjourned by ye Speaker to ye 1 Ith Ins1 9 a Clock.
1712] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 37
Octr 11th The House mett ^sent
Mr Speaker James Rendall Cap1 Gilman
Majr Smith Geo : Jaffrey EDhra Mastin
Cap1 Hill Mr Jones Sam1 Keais
Cap1 Gerrish Dan1 Tilton Theo : Atkinson
Cap1 Dudley
The Peticion of Hampton ffalls People in Relation to a Schole Read
in ye House and Concured wlh ye Order of ye Govr & Councill to give
them an hearing on tuesday next 10 A Clock Ante Meridiem
* Copy of Coll0 Partridges Certificate Relateing to 200 Due * 1-53
tofMajr Wm Vaughan
Oct1- 11th 1 71 2 These may Certify e Whom it may Concern that the
two hundred pounds allowed to Majr Wm Vaughan of ye Province
of New Hampshire aforesaid for agency as Appears by the Com-
mittes Return for Auditing the Publique Accots in may 171 1 was
Never Received by me of the Government of the said Province
nor Pay'd by me to the said Majr Vaughan ; as Witness my Hand
the thirteenth day of August Anno Domini 171 2
Wm Partridge
Allowed by ye 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 Decembr next Be Continued And that There be an
Impression of five hundred pounds in Bills of Credit by ye 8th of
March Next for the Payment of such Debts as shall be Allowed of
by ye Comitte for Auditing ye Prov : Accols and Allowed of by ye
General! Assembly. —
The House Ajorned to Monday ye 13d Instant : by ye speaker all to
Mete at 9 of ye Clock
* 1712 Octobr 13th The House mett f sent * 1-54
Mr Speaker Dan1 Tilton Geo : Jaffrey
Theo : Atkinson Ephra Mastin Sam1 Kaeis
Cap1 Gerrish Mr Rendall Cap1 Dudley
Cap1 Hill Mr Jones Majr Smith
The House Adjourned pr ye Speaker to 2 a Clock after noon
The House mett & Present ut supra — .
The House Adjourned pr the Speaker to ye 14th Ins1 9 a Clock —
38 PROVINCE OF NEW HAMPSHIRE. [l7*2
Octobr 14th The House mctt ^9 sent
Mr Speaker The. Dudley Mr Rendall
Dan1 Tilton Majr Smith Geo : Jaffrey
Ephra Mastin Cap1 Hill Sam1 Keis
Cap1 Gerrish Mr Jones Cap* Gilman
Haveing had Severall Debates in ye House about Impost & Export
Voted That There be no Impost nor Duty on Exportation in ye
Province but that it be a ffree Port —
* 1-55 * 1712 Octob1' 14th The Peticion of Richd Sloper Read in the
House —
Ordered that Ambross Sloper be notyfied to attend ye House in ye
afternoon at three a Clock That an Answer to ye Peticion may be
Proceeded on. —
The House Adjourned pr ye Speaker to 2 a Clock —
The House mett f sent
Mr Speaker James Rendall Sam1 Kaeis
Dan1 Tilton Cap1 Hill Mr Jones
Cap1 Gilman Ephra Mastin Majr Smith
Cap1 Gerrish Cap1 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
wth ye vote of Govr & Councill to grant his Requests —
The House Adjourned pr ye Speaker to ye 15th Inst 9 a Clock
15 Oct : the Whole house Mett According to Adjornm*
Upon Consideration of ye petsion of Richard Sloper relateing to his
sone Ambros Sloper : and Hearing ye Allegations of both par-
ties
* 1-56 *Octor 15th 1 712 Then Major Joseph Smith Mr Ephrimy
Mastins and Mr Daniel Tilton had their Debentors for
Ther servis one ye Asembly : from July ye 13: 171 1 : to octor 15
1712 :
Tilltom 66 — Mastins 69 : days
Major Joseph Smith : — 41 : days
Adjorned for two hours
Returned as in the Morning
Octob1' 1 5th The house Sent for by y° Governr & Councill & Pro-
rug'ed to Wensday the 10th Dcbr next 171 2 —
1 71 2] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 39
Dcbr 10th The house mett according to Prorogation Present
ye Speaker Magr Smith Mr Keis
Mr Jeffry Cap" Hill Mr Atkinson
The House is Adjourned to the 11th Ins" two of ye Clock In ye
after noon
Dcbr 1 Ith The house mett according to Adjourment present
ye Speaker Mr Tilton Cap" Hill
Mr Geo : Jeffry Mr Keis Mr Rendal
Mr Atkinson ' Cap1 Gilman Mr Mastyn
]^agr Smith
The house is adjourned to thirsday ye 18th Ins" two a Clock
In ye afternoon * lS7
* 1712 Decr 18th The House mett ^sent
Mr Speaker Cap1 Hill Geo : Jaffrey
Mr Atkinson Cap1 Gerrish Sam1 Keis —
Mr Mastin
A Proclamation for ye ascertaining the currency of silver money.
Past.
pr Order of ye Govern1" The House is Prorouged to Wensday ye IIth
ffebr next. —
Memorandum y1 Cap1 Nathanel Hill and Mr Steaven Jons has reseavd
Their Debentors for servis Done one ye Asembley : from May 10th
1 71 2 : to Desemr ye i8lh 1712 : Cap1 Timothy gerish had his Deben-
ter for his serves one ye Asembly from may ye 6 171 2 to Desembr
18th 1 71 2
Hill 27 days Mr Jones : 09 days Timoty gerih 25 days Desember ye
18th 1712
1712 ffebr 11th The House mett According to Prorogation ^sent
Mr Speaker Geo : Jaffrey Cap1 Hill
The : Atkinson Esqr Sam1 Keis Mr Jones
Ephraim Mastyn
pr Order of ye Govern1- of ye 8th ffebr The House is Prorogued to ye
18th of March next Insueing
1712/ March 18th The House Mett according to Prorogation f^sent
Mr Speaker Geo : Jaffrey Mr Atkinson
Cap1 Hill Sam1 Keis
Adjourned by the Speaker to ye 19th Inst.
40 PROVINCE OF NEW HAMPSHIRE. L1?12
* 1-58 * March 19th The House mett ^sent
Mr Speaker Sam1 Keis
Geo : Jaffrey Mr Atkinson
pr Order of his Excellency ye Govern1" The House is Prorogued to
Wendsday yc 15th Ap1 next.
March ye 19th I712/is Memorandum That Cap1 Richard Gerrish Mr
georg Jeffryes and Samuell Keais had their Debentors from ye
26th of March 171 2 To March ye 19th I7l2/13
Cap1 gerish 44 day
Mr georg Jeffry 44 '
Sam1 Keais 44
Aprill 15th The house mett according to Prorogation & Present
ye Speaker Sam11 Keis Geo : Jaffrey
Cap" Hill James Rendall Theo : Atkinson
The house is Adjourned, to ye 17th Ins" att two of ye clock In ye
afternoon —
Aprill 17th The house mett according to Adjourment ^sent
ye Speaker Geo : Jaffrey Mr Atkinson
Cap" Hill Sam11 Keis
The house is adjourned to thirsday ye 23d Ins" att two of ye
Clock —
* 1-59 * Ap1 23d The House mett f sent
Mr Speaker Capr Hill Geo : Jaffrey
Theo : Atkinson Esqr Majr Smith Sam1 Keis
Copy of a Lettr from ye Governr
Gentlemen Boston 20th Ap1 171 3
Mr Secretary Storey by this Post acquaints me of ye adjournment
of ye assembly to thirsday ye 13th Inst. The Last Session of yc
assembly Left a Committe standing to Adjust ye Province Debts
which I Presume have accordingly proceeded and if these Accots be
past thro I then Direct the assembly to sett thirsday and fryday if
need be to agree and Pass the Return of ye said Committe by ye Rep-
resentatives and ye Councill if it can be then finished and from fry-
day Evening
I Do Hereby prorogue ye Generall Assembly to Wedsday the 13th
of May next. Given under my Hand
J Dudley ■
1 71 3 JOURNAL OF THE HOUSE OF REPRESENTATIVES. 41
Communicate this Lettr to ye Representatives It will be very
pleaseing to me that ye Debts of ye Prov : be adjusted that we may
know what we owe that a Happy Peace may make us Easey —
To Mr Secr Storey —
The House Adjourned by ye Speaker to fryday ye 24th Inst — 11 a
Clock —
Apr1 24th The house mett according to adjournment and Present
ye Speaker Mr Jaffrey Dan11 Tilton
Mr Atkinson Majr Smith Sam11 Keis —
Cap" Gilman
pr order of ye Govern1" th^e house Prorogued to Wensday ye 13th of
May next —
* 1713 May 8th The House Mett f Order of ye Govern1" * 1-60
f sent
Mr Speaker Cap1 Tim0 Gerrish Cap* Gilman
Majr Smith Mr Atkinson Geo : Jaffrey
Cap1 Hill Ephra Maston Sam1 Keis —
Dan1 Tilton
Copy of ye Govern1"8 Lett1
Gentlemen Boston May 4th 171 3
I some time since Directed ye Assembly of ye Prov : of N. Hamp-
shr to meet to Pass ye Accots of ye Debt of ye Prov : prepare'd by
their Committe which being not yet done I Do again allow them to sit
a fryday ye Eighth Inst, to Doe and pas thro that affayr in fryday
and Satturday ye Prorogation notwithstanding that at my Comeing
ye Week after I may have the Less Interruption in ye Generall affairs
of ye Peace with ye Indians which I hope may Come forward and Ac-
cordingly with Your Agreement Mr Secretary May Summon the
Assembly upon ye said fryday next and after Passing ye Accounts ye
Prorogation Lately Directed to Continue. I am
Yor Hurab1 Servant J Dudley
To ye Gentlemen Her Majests Councill in N Hampshr —
The House adjourned by ye Speaker to ye 9th Inst Eight a Clock
in ye morning —
9th May Mett According to Adjornm* present all As Yester-
day The Comitte for Examining the province Claimes
* Made there Return of The Province Dts In which they * 1-61
Refer two Muster Rolls N° (15) & (17) to the Assembly
42 PROVINCE OF NEW HAMPSHIRE. [1713
Which two Muster Rolls Is not Allowed by the Assembly
Cap1 Timo Gerrish Muster Roll Allowd five pounds sixteen shil-
lings & <Sd —
The Return of the Comitte Is Approved by the Representatives
with the Addition of the Aforsd sum to Cap1 Timo : Gerrish of
£$ : 16: 8 And Voted to be sent to the Councell being in N° 44
Accots And Musterrolls Amounting to the sum of Comitte5 Return
;£lIII :I5: —
Gerrish 5 : 16 : 8
£1117: 11 : 8
Mr Geo : Jaffrey Chosen Cler : protempore Coll Vaughan5 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 ye 180 The House mett according to Proroga-
tion and Present
Speaker Cap1 Hill Mr Jaffrey
Mr Jones Cap1 Gerrish Mr Keas
Ephra Mastyn
The House is adjourn'd till Thursday ye 250 Ins1
June ye 25 The House mett according to Prorogation and Present
Mr Speaker Ephr* Mastyn Mr Jones
Mr Jaffrey Mr Keas Theo : Atkinson
Mr Rendall Cap1 Hill
^ order of his Excellency ye House Prorogd to Wensday ye 8
July next.
July ye 8" The House mett according to Prorogation and Present
Mr Speaker Mr Keis Mr Atkinson
Mr Rendall Epha Mastines
The House is Adjourn'd till Thursday ye 90 Ins1
July ye 9 The House mett according to Adjournment and Present
Mr Speaker Cap1 Hill ' Mr Keies
Mr Jones Mr Rendall Mr Atkinson
The House is adjourn'd to Fry day ye 10 Ins1
* 1-63 * July iolh The House mett according to Adjournment and
Present
Mr Speaker Cap1 Hill
Mr Jones Mr Keis
The House is adjourn'd to Monday ye 13th Ins1
July ye 13 The House mett according to Adjournment and Present
1 71 3] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 43
Mr Speaker Mr Rendall Mr Keis
Mr Jaffrey Mr Mastin Magr Smith
Mr Jones Mr Till ton Mr Atkinson
Cap1 Gilman
The House is adjourned for 2 hours — Mett Accordingly —
Copy of ye Governrs Speach
Gentilmen July ye 130 171 3
I have delayed your comeing togeather, Untill I might have ye
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 wch we have already ye Assurance, and daily
Expect Her Majesties Comands to Make it publick.
And in pursueance thereof, I have now attending me Several of ye
Indian Sachems & Deligates making their own Submission and pray-
ing to be restored to Her Majesties flavour, and ye ff riend-Ship of Her
Majesties Goverment of these provinces, the Issue of their Atten-
dance I Shall Communicate to you.
Sometime Since there was a Committee of ye Council, and Rep-
resentatives to revise the Laws of ye 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 Majestie and the Review & Reforme of ye
Right Honourable ye 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 wth all Earnestness recommend to you ye Revival of the
Impost & better Goverment & collection of ye Excise there is no Col-
lony or Govern^ belonging to ye Crown of Great Brittaine yl pretends
to an open Port or y* doe not bring in ye Trade or Merchandize of
their Provinces to aid the Land Tax for ye payment of ye heavy
Charges of the warr wch is as needfull in this province as any other
Her Majesties Goverments ye neglect and inequallity whereof will I
fear justly offend Her Majestie as well as disturb ye other Goverments
on ye Shoar of America.
I Suppose you will think it a proper time for the assembly most
humbly to Address Her Majestie Epon ye notice of the Peace, in wch
I Shall hartily Joyn wth you The Treasurer will give you ye State of
his office & what is wanting.
whatever is before you for ye benefit of ye Province and Her Majes-
ties Service I Shall putt forward as is my duty
44 PROVINCE OF MEW HAMPSHIRE. [l7^3
The House mett according to Adjournment & Present
Mr Speaker Mr Jones Mr Thing
Magr Smith Cap1 Gilman Mr Rendall
Mr Jaffrey Mr Tillton Mr Keis
Cap1 Atkinson Mr Mastyn
The House is adjournal to ye 14 Ins* ten a Clock in ye morning —
* 1-65 * July 14th The House mett ^sent
Mr Speaker Cap* Gilman Mr Rendall
Majr Smith Mr Maston Mr Atkinson
Cap1 Hill Mr Thing Mr Tilton
Cap* Tim0 Garesh Mr Jones Geo : Jaffrey
Sam1 Keis
Mr Sam1 Thing was Qualified a Member of ye House in ye Room
of Theophilus Dudley Esqr of Exiter deceased —
* 1-66 * Voted Theodore Atkinson Esqr & George Jaffrey a Committe
to Joyne wth ye Committe of ye Upper House to Draw up a
Congratulatory address to ye Queen upon ye News of a Peace —
The House is Adjourned to ye 15th Inst 9 a Clock
July ye 15th The House mett according Adjournment and Present
Mr Speaker Mr Mastyn Mr Keis
Magr Smith Mr Jones Mr Jeffry
Cap* Gilman Mr Tillton Cap1 Hill
Cap* Gerrish Mr Rendall Mr Atkinson
Mr Thing
Upon a Due Consideration of an Act of Impost
Voted That there be no Impost for ye Insueing year
Past by ye House Sam11 Keis Cr
The House is Adjourn'd for two hours
The House mett according to Adjournment and all Present as in
ye morning.
The House is Adjourned to ye 16 Ins* 9 a Clock —
July 16th The Hows Mett: acording to Ajornment : Except Cap*
Hill, and : Mr Gcorg : Jeffryes : Mr Jeffry Come sone after
Voted That Jn° Plaisted Marke Hunking & Jn° Wentworth Esqr be
a Com'itte for this Province to Joyne wth a Com'itte that shall be
Appoynted by ye Generall Assembly of yc Massathusetts to run ye
devideing line between the Provinces According to the Royall
Charter Granted to the Massathusetts
* 1-67 * The House Is Adjorned for 2 howers
1 71 3] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 45
The Howse Met according to Ajorment Excepting Cap1 Hill and
Mr Jeffrys : Mr Jeffry Came sone after
The House is Proroged to Wensday ye 2 of Sep* @ 10 Clock in ye
morning. —
Memorandum upon the 16th day of July 171 3 that Mr The0 Dudley
and Cap1 Nichols Gilman Took out there Debentors from the tenth of
may 171 2 to the day above Sd
Nicholis Gilman 29 days
The°Dudly 13 d
May It Please your Excellency. —
Mr Trreasurers Memorial Is before Us by wch Wee find the Province :
Is In D1 but In the Same Wee find ometed What goods Wee Left
at Anopolis and sundry3 In his hands which Wee ought to have : C1
for — Wee have ben Considering Many Ways, to Raise Money for
the payment of What Shall be Due In Decembr next but Cannot att
present know What the Sum Is ; before which time Wee hope there
May be a Way for Raising the money then Due
Voted That the Excise be Continued for one year
* 1 71 3 Septr 2d The House mett according to Prorogation * 1-68
f sent
Mr Speaker Geo : Jaffrey Mr Atkinson
Majr Smith Epha Mastin Sam1 Keis
The House is Adjourned to ye 3d Inst 2 a Clock afternoon —
Septr 3th The House mett according to Adjournment — prSant
Mr Speaker Mr Gaffrey Mr Atkinson
Magr Smith Mr Mastin Sam11 Keis
The House is adjourn'd to Thursday ye 10 Ins1 @ 2 a Clock in ye
afternoon
Septr 10th The House Mett f sent
Mr Speaker Mr Rendall Geo : Jaffrey
Theodr Atkinson Ephra Mastin Sam1 Keis
The House is Adjourned to thirsday the 17th Ins1
* Septbr 17th The House mett according to Adjournment — * 1-69
prsent
ye Speaker Cap11 Hill Mr Keis
Mr Geo : Jaffrey Mr Rendal Mr Atkinson
The house Is by his Excellencys Letter prorouged Untill Wensday
the fourteenth of October Next
46 PROVINCE OF NEW HAMPSHIRE. [1713
octobr 14th The house mett according to Prorogation and ^Sent
ye Speaker Cap" Gilman Sam11 Keis
Geo : Jaffrey Mr Rendal Atkinson
Cap" Hill
The house is adjorned to thursday ye 15 Ins" —
octobr 15th The house mett according to adjournment ^Sent
ye Speaker Cap" Hill Atkinson
Geo : Jaffrey Sam11 Keis
The house is adjourned to thursday ye 22th Ins" —
Octr 22d The House mett. ^gSant
Mr Speaker Theodr Atkinson Esqr Geo : Jaffrey
Cap' Hill James Rendall Sam1 Keis —
Ephr Mastin
pr order of his Excellency the House is Prorouged to Wedensday ye
28th Instant—
* 1-70 * Octobr 28 The House mett according to Prorogation and
^sent
ye Speaker Ephram Mastyn Sam11 Keis
Theodr Atkinson Esqr Nath11 Hill James Randel
The House is Adjourn'd to Tuesday ye 4 Novbr
nobr 4d The house mett according to adjournment ^sent
ye Speaker Mr Geo : Jaffrey Mr Sam1 Keis —
Theodr Atkinson Esqr Cap1 Nath11 Hill
The House is Adjourn'd to Wensday ye 1 Ith Ins" —
Nobr 11th The house mett according to Adjournment ^rSent
ye Speaker Mr Geo : Jaffrey
Mr Sam11 Keis Cap" Hill
The house is adjourned to wensday ye 18th Ins"
Nobr 18th The house mett according to Adjournment ^rSent
ye Speaker Sam11 Keis —
The house is adjourned to wensday ye 25th Ins"
Nobr 25th the house mett According to Adjournment ^rSent
ye Speaker Theodr Atkinson Esqr Sam11 Keis —
The house is Adjourned to wensday ye 2d Desbr
1 714] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 47
* Dsbr 2d The house mett According to Adjourment * 1-71
fSent
ye Speaker Epha Mastyn
Theodr Atkinson Esqr Sam11 Keis —
The house is Adjourned to Wensday ye 9th Ins" —
Dsbr 9th The house mett according to Adjourment ^rSent
ye Speaker Epha Mastyn
Theodr Atkinson Esqr Sam11 Keis —
The house is adjourned to Wensday ye 16th Ins" —
Dsbr 16th The house Me^tt according to Adjourment ^rSent
ye Speaker Mr Geo : Jaffrey
Theodr Atkinson Esqr Sam11 Keis —
The house is Adjourned to Wensday ye 23d Ins" —
Dsbr 23d The house mett according to adjourment ^rSent
ye Speaker Geo : Jaffrey Sam11 Keis —
The house is adjourned to Wensday ye 30th Ins" —
* Dsbr 30th The house mett a ccording to Adjourment * 1-72
frSent
ye Speaker Mr Geo : Jaffrey mr Sam11 Keis —
The house Is Adjourned to Wensday ye 6th Janr next
Memorandum y1 Major Joseph : Smith Mr Effrime : Mastins and Mr
Daniell : Tillton : had Ther Debenters : for all ther servis One ye
Asembly from octor ye fiftenth 1712 : To : Desemer ye 25 : 1713 :
Smith 27 Tilton -17 Mastins 144
Janr 6th The House mett according to Adjournm1 ^Sent
ye Speaker Mr Keis
Geo : Jaffrey Epha Mastin
The House is Adjourned to Wensday ye 13th Inst —
Janr 13th The house mett according to adjournm" ^rSent
ye Speaker Ephr Mastyn Sam11 Keis —
The house is adjourned to wensday ye 20th Ins"
*Jan 20th The House mett according to Adjournment * 1-73
frsent
ye Speaker Geo Jaffrey
Theor Atkinson Esqr Sam11 Keis
Pr order of His Excellency the House is Prorouged to Wedensday
the 3 Day of Febr next
48 PROVINCE OF NEW HAMPSHIRE. [*7l4
Febr 3 The House mett according to Adjournment ^rsent
ye Speaker Sam11 Keies
Geo : Jaffrey Cap" Hill
Pr order of His Excellency the House is Prorougd Wedensday ye 3
Day of March next
March 3d The House mett ^sant
ye Speaker Ephra Mastin Sam1 Keis —
Majr Smith Geo : Jaffrey
pr Ordr of ye Govern1" the House is Prorougd to Wensday ye fifth of
May —
March ye 3d i7'3/i4 Memorandum yl Cap1 Richard gearish Mr george
Jefryes and Sam11 Keais Had Thayr Debentors : for all Thaier servis
one ye : Asembly from ye 19th of March 1712 : To March ye 3d I7I3/h
gerish 65 days Jeffrys — 57 : Keais — 64 —
* 1-74 * 1 714, May 5th The House Mett According to Prorouga-
tion ^Sent
Mr Speaker Cap1 Gerrish Mr Mastin
Mr Atkinson Cap1 Gilman Geo : Jaffrey
Majr Smith Mr Thing Sam1 Keis —
Voted That Kings Town be Impowerd and Notifyed to send a Rep-
resentative to Sett In the Gen11 Assembly by order of the house
Copie 5 May 1714 Sam11 Keais Cler
The House Adjourned to 3 a Clock post merd
The House mett Accordingly —
Copie of the Governrs Speach
Council Chamber at Portsm0 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 ye 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 ye Last
gain tax, and what is allso provided for the fore years net
* 1-75 comeing is what is necessary to draw in ye Bills Credit * and
thereby to discharge the province Debt and noeing soe that
1 7 14] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 49
there is noe provision made for the Anual tharge of ye 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 ye prisoners there
and am now determined to Send a Ship to Quebeck to receive them
of this province wherein the'prisoners will demend your proportion of
Charge and I think it best that a Gentleman of yor province be there
to assist ye negotian which otherwise may be Entangled and ineffect-
ual— You will alsoe consider and Represent to me what there of the
Trade with ye 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 ye Treasary for ye Currant
tharge in which as in Every thing relatening to ye 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
Govern1" & Councell
The House Adjourned to ye 6th Ins1 8 a Clock ante Meridn
6 May The House Mett present
Mr Speaker Jones Keais
Jeffrey Hill Atkinson
Gerrish Thing Marston
Gilman Smith
* Several Acts Voted * 1-77
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 Dts —
7: To Prevent Murdering Bastard Children
8 : To Prevent Incroachment on High Ways
9 : Against Receiving Stolen Goods
10 : 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 Meridn
The House Mett Accordingly. —
50 PROVIN'CE OF NEW HAMPSHIRE. [17I4
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
1 7 : About Execut™ & Administrs —
18: About Cord Wood
The House Adjourned by ye speaker to ye 7th Inst 9 a Clock Ante
Meridin —
* 1-78 * No 19 an Act Against High Treason
20 an Act against Shiping of Horses
22 an Act for supply of ye Ministry
23 an Act concearning Births & Burialls
24 An Act About Prudential affairs
25 An Act for Appoynting yc sherife to keep the Comon Goal
26 an Act about Fees
27 an Act against Hawkers & Pedlers —
* 1-79 * May 7th The House Mett ^sent
Mr Speaker Mr Jones Mr Tilton
Majr Smith Mr Atkinson Geo : Jaffrey
Cap1 Hill Cap1 Gerrish Sam1 Keis
Cap1 Gilman Mr Thing Mastines
The House adjourned to 3 a Clock and Mett accordingly —
The Peticion of Coll0 Parker Mr Wibird &c in behalf of them
Selves and Sundry Inhabitants of ye Parish of Portsm0 Read And
Ordered thereon that Cap1 Pickrin & Mr Wm Cotton be notifyed to
attend ye House at 4 a Clock to Answer thereto.
The House adjourned to ye 8th Ins1 9 a Clock —
May 8lh The House Mett f r Sent
ye Speaker Mr Jones Magr Smith
Cap11 Hill Mr Thing Mr Jaffrey
Cap11 Gillman Sam11 Keis Mastine
Cap" Gerrish Mr Atkinson
The House adjourned p ye Speaker to Monday ten a Clock being
ye 1 o,h Inst —
10 May The House mett Except Mesrs Hill Randell and Tilton —
May 10th 1 714 Sam1 Esman Qualifyed to Serve in This House Rep-
resentative for the Town of Kingston
* 1-80 * The House Adjourned to ye 11th Inst 9 a Clock in the fore-
noon
1 7 14] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 5 I
May 11th The House Mett ^sent
Mr Speaker Mr Eastman Mr Mastin
Mr Atkinson Sam1 Kaeis Majr Smith
Mr Thing Mr Jones Geo : Jaffrey
Cap1 Gerrish Cap1 Gilman
Cap* Giles Brought an Acco1 of his attendance and Expences on
ye Indians am° to 9,, n„ 2 on which is allowed three pounds which is
more than ye Proportion of this Prov :
The House Adjourned to 3 a Clock — and Mett accordingly.
The House Adjourned to ye 12th 8 a Clock.
May 12th The house Mett f Sent
Speaker Cap* Gerrish Mr Mastyn
Mr Jaffrey Mr Easman Magr Smith
Mr Thing Mr Jones Sam11 Keis
Cap1 Gilman
The Peticion of Green Land and Bloody Poynt Read and Consid-
ered, and
Voted That Mr Speaker Gerrish & Geo : Jaffrey be a Committe to
Joyne with Cap1 Sam1 Weeks and Lt Jn° Downing to ascertain ye
Limitts of ye Parishes of Green Land & Bloody Poynt &c —
Coll Waldron & Cap" Hunkins be added as a Comitte at this board
to Joyn wth the above Comittee Cha : Story Secretary.
* Voted that Each parrish have power within them Selves to * 1-8 1
tax and Asses there Several Inhabitants to there parrish
Charges and that they annually Choose three persons to tax ym and
yr Warrants to be signed by a Justice of ps as Usuall —
May 12 1 714 past ye House.
Considering ye Great and Extra Charge that may arise upon sending
a Gentleman of this Prov : to negotiate ye affair of Redeeming our
Prisoners that are at Quebeck.
Voted That his Excellency ye Govern1" be Desired to Improve ye
Gentlemen sent from ye Massathusetts to transact that Buisiness
for us and Wee will Pay our Quota of ye Charge in proportion to
the Number of our Prisonrs that may be Returned.
And if none to be Obtained Wee Will Gratifye ye Gentlemen for
the Trouble and Charge they may be at in Inquireing after them
May 12th 1 714 — Past ye 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. [17I4
not answer ye ffund 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 Estate within the Province Oblidgeing themselves
to Repay the same within one Year in New Hampshr Bills, and that
a Committe be appoynted therefor —
Voted Mr Speaker Mrs 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 Mr Penhallow & mr Plaisteed Comitte of ye Coun-
cell
* 1-82 * May 12th 1714 The House Adjourned ^ the Speaker to ye
14th Ins1 10 a Clock in ye Morning
May 14th The House Mett ^sent
Mr Speaker Mr Thing Sam1 Easman
Mr Atkinson Mr Jones Cap1 Gilman
Cap1 Gerrish Geo : Jaffrey Cap1 Hill
Sam1 Keis Epha Mastin
Voted That be An Act of Impost for One Year on these Severall
Commodity's Imported into the Province viz1
Rum Eight shill $ hhd & f Pro Rato for bar5
ffayall Wine five shill f Pipe
Madera Wine Seven shill ^ Pipe
Mellasses two shill f hhd
suger two shill ^ hhd & Pro Rato for bar5
Tobacco three shill f hhd
with a Draw Back of three Quarters if Exported within six months
after Importation —
And that there be one shill ^ m Payd by ye Exporter for all
boards Exported
Pine plank two shill ^ m
Oak D° three shill f m
Red Oak hhd staves sixpence "$ m
white oak D° nine pence ^ m
Pipe Ditto one shill $J m
The House Is adjourned to 3 of ye Clock mett accordingly —
* 1-83 * May 14111 Voted That there be an Act to Prohibit the Im-
portation of Indian Slaves into ye Province upon ye Penalty
of forfeiting ten pounds for each Indian so Imported to be Pay'd
into the Treasury for the use of ye Province.
17 14] 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 ye Province Accots and approved of by
the Generall Assembly. And that an Act be Drawn up accord-
ingly and that the same be Repay'd in ye year 1719 — .
Voted That all New Hampshr Bills that for the future shall be
Pay'd into the Treasury shall be accepted with ye advance of five
f Cent.
The House Adjourned to 8 a Clock ye 15th Inst.
May 1 5th The House mett ^sent
Mr Speaker $lT Keis Mr Jones
Majr Smith Mr Atkinson Mr Esman
Cap1 Tim° Gerrish Cap* Hill Mr Mastin
Mr Thing Cap1 Gilman Geo : Jaffrey
The house Is adjourned for one houre & Mett Accordingly — all
Present as above
* May 15th 1 714 Voted That the Laws now Passed now & * 1-84
all other former Laws wch shall be thought needfull by ye
Govern1" & Councill be Collected into a Book and Printed & that
the Committee appointed to Revise ye Laws of this Prov : see
them Effected — Mr Daniel Tilton A Member of this House being
Infirm & Antient Desires a Dismission therefrom
Voted That the sd 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 11th Aug:
next
* July 22d 1 714 pr Order of his Excellency ye Governr The * 1-85
House mett ^sent
Mr Speaker Gerrish Cap1 Tim° Gerrish James Rendall
Majr Smith Mr Atkinson Geo : Jaffrey
Mr Jones Epha Mastin Sam1 Keis —
Governrs Spech
Gentlemen Prov : New Hampshr
I am here upon an Interview & Speech with ye Indian Sachems of
ye Severall Eastern tribes to Settle ye Trade and Commerce between
her Majesties Good Subjects of these Provinces and ye 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. [l7H
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 i Ith of August next is yet Continued without Interruption
J Dudley
The Petetion of Sam11 Penhallow Esqr being Read for the Appear-
ance of the two setts of Select men in the Town of Portsm0 on Sator-
day Morning Next at 10 of Clock
Voted A Concurrence
* 1-86 *July22di7i4 The House Adjourned to the 23d 9 a Clock —
The House mett & present
ye Speaker Cap" Atkinson Mr Jones
Magr Smith Mr Jaffrey Mr Mastyn
Mr Rendal Cap" Gerrish Mr Keis —
The House adjourned till four a Clock
The House mett and ^sent as above
The following was sent Down from ye Govern1" & Councill
In Council 24th July 1714
Information being given to this Board that there is Offence taken
by ye Assembly of her Majesties Province of ye Massathusetts at the
Act of Impost and Duty's of Exportation Lately made in this Prov-
ince
Ordered that Sam1 Penhallow and Marke Hunking Esq1'5 be a Com-
mitte from this Board to Joyne with a Committe of ye 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 ye said act for that We would avoy'd any Misun-
derstanding between the two Govermts 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 viz1 —
* 1-87 * Wee are Humbly of Opinion That It is Inconsistant with
ye Hon1' of ye Goverm1 of this Province to Appoynt any Com-
mitte to be Chosen to Confer wth 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 ye mein time We Pray his Excellency ye Govern1" to Give
them all Imaginable assurance that We had no Intention to affront or
1714] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 55
Injure there Go verm* by Passing any Act and hope they'l have no ill
Resentment thereof —
The House adjourned to ye 24th 9 a Clock —
July 24th The House Mett f sent
Mr Speaker Cap* Gerrish Geo : Jaffrey
Majr Smith Ephra Mastin Sam1 Keis
Mr Jones Mr Atkinson Cap* Nich0 Gilman
The House Adjourned to 3 a Clock
Mett Accordingly & Presant as above —
To His Excellency Joseph Dudley Esq1' Govern1" &c. And to ye
Honourable ye Councill & Assembly &c.
The Peticion of Sam1 Penhallow Esq1" Treasurer and Receiver Gen-
erallof Her Majesties Province of — Most Humbly Sheweth —
* That the Selectmen of ye Town wth ye Assessors are by * 1-88
Law Impowered by Law to Lay ye Taxes throughout this
Province and the Treasurer is by Law Impowered to Direct his War-
rant Accordingly. Yet so it is that By Reason of ye Unhappy Dif-
ference in ye Parish of Portsmouth There are two Setts of Selectmen
Assessors & Constables Chose for ye 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 ye
support of ye Goverment Defence of the Province and Payment of ye
Publick Debts which will be to ye Detriment hurt & Dishonour of
Her Majesties Province Doe humbly Pray that yor Excellency and ye
Honourable Assembly will give such Direction herein as you in Wis-
dom shall see meet which shall Readily be observed by
Yor Excellency's & Honrs Most Hum1 Serv*
Sam1 Penhallow
Ordered 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 ye 7th
June last are the Persons that the Treasurer Ought to send
his Warrant to for the Collecting such * Money as hath bin * 1-89
Granted to her Majesty this Present Year. Past ye House
of Representatives 24th July 1714 —
The House Adjourned to ye 26th Inst 9 a Clock —
56 PROVINCE OF NEW HAMPSHIRE. [l7H
26th The House Mett $>sent
Mr Speaker Geo : Jaffrey Epha Mastin
Cap1 Oilman Theo : Atkinson Sam1 Keis
Dan1 Tilton Cap1 Gerrish
The House Adjourned to 3 a Clock And Mett accordingly —
The House Adjourned to ye 27th ^sent
Mr Speaker Mr Thing Epha Mastin
Mr Atkinson Cap1 Gerrish Geo : Jaffrey
Cap1 Gilman Majr Smith Sam1 Keis
Dan1 Tilton Mr Jones
The House adjourned to ye 28th
* 1-90 *The House Mett f sent
Mr Speaker Cap1 Gilman Geo : Jaffrey
Majr Smith Epha Mastin Sam1 Keis
Dan1 Tilton Cap1 Gerrish The : Atkinson Esqr
Mr Thing
Voted Theodr Atkinson Esqr and Geo : Jaffrey Be a Committe to
Joyne with ye Committe of ye Councill to Confer with ye Committe
of ye Massathusetts about their Being offended at any Law of this
Province and make Return thereof to the Generall Assembly
Voted a Concurrence wthye Ordr of ye Govern1" & Councill viz1 That His
Excellency appoynt five Selectmen out of ye Nine Chosen to serve
this ^sent year untill ye 25th March &c and Considering the Regu-
larity of ye Town Meeting at ye New Meeting House on the ye 7th
June Wee Confirme the Town Clarke and all other officers then
Chosen and the Votes then Passed about ye New Meeting House —
The Peticion Relateing to a Bridge at New Castle Refered to ye Next
Session of ye Assembly viz1 ye 11th of August
* 1-91 *Adjorned Untill the 29th Ins1 Eight of the Clock Present
as before —
29 July Mett According to Adjornment And Prorouged to the 11th
of August next
Memorand. Mr Sam1 Thing had : A Certificate The 29 of July : 1714
23 days
July 29 1714 Memorandum This may sertify all Concerned y1 Cap1
Nickholas gillman had his Debenter for all his servis one ye Asem-
bly for ye Towen of Exitor from ye 16th of July 171 3 To July ye 29th
1 714 : 24 : days Sam11 Keais Clark
1 714] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 57
Augs1 1 1 The House mett according to Prorogation & Present
Mr Speaker Mr Jaffrey Cap1 Hill
Mr Atkinson Mr Rendall Sam11 Keis
Mr Mastyn
The House is Prorouged to Wensday ye 8° Sepr next. —
* Septbr 8th The House mett according to Prorogation * 1-92
f sent
ye Speaker Cap" Hill Mr Rendal
Mr Geo : Jaffrey Magr Smith Sam11 Keis —
The House Is adjourned to Thursday ye i6lh Ins"
Sepr 16 The House mett according to Adjournm1 & Present
ye Speaker Mr Geo : Jaffrey Sam11 Keis
fJr ordr of His Excellency the House is Proroged to Wedensday ye 3
Novr next
1 714 Oct1" Ist ^r Order of His Excellency The House mett ^sent
Mr Speaker Cap1 Hill Mr Jones
Cap1 Tim° Gerrish Geo : Jaffrey Sam1 Keis
The House adjourned to ye 2d Ins" a 11 Clock —
Province of Newhamsher
Thes may sertify All Consernd y1 Cap1 Timothy gerrish has served
her Majesty In generall Asembly for ye Towen of Dover : from De-
sembr The 18th to Sep1 ye 16th 1714
* Octobr 2d The House Mett f sent * 1-93
Mr Speaker Cap1 Gilman Mr Gerrish
Maj1 Smith Geo : Jaffrey Mr Keis
Cap1 Hill Mr Jones Ephra 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 Govern1" —
The House Adjourned to ye 3d of November According to former
Prorogation —
Memorandum : Thes may sertify all Concernd y1 Cap1 Timothy ger-
ish : has served one ye Asembly for ye towen of Dover : ffrom De-
sember ye Eighth 171 2 to octo1" y 2d : 17 14 : — 36 days: Allsoe :
Cap1 Nathaniel Hill has served one ye Asembly for ye towen of
Dovore from Desembr ye 18th : 1712 : to octor ye 2d : 17 14 69 days
Thes may sertify all Consernd y1 Mr Steven Jones has served one ye
58 PROVINCE OF NEW HAMPSHIRE. [i 71 5
Asembly for ye Towen of Dover ffrom Desember ye 18, 1 712 to octor
ye 2d 1 7 14: 39: clay Sam11 Keais : Clark
* 1-94 * Memorandum yl Majr Smith Ephrim Masten, and Daniel
Tilton had ther Debenturs for Terr. Servas one ye Asembly
from Desember ye 25 : 1713 : to OctoberJye 2d : 1714 —
Smith 27 days Mastins 38 days Tilton 07 : days
Nobr ye 3d The House mett according to Prorogation "g'sent
ye Speaker Mr Jones
Mr Jaffrey Mr Keis —
The House is adjourned to thursday ye 4th Ins"
Nov1' 4th Mett f sent
M1 Speaker Geo: Jaffrey Sam1 Keis —
Cap1 Hill The0 Atkinson Esqr
The House Adjourned to fryday ye 5th Ins1
5th Novem1 The House Mett Present
Mr Speaker Gerrish Atkinson
Rendell Hill Keais
Jaffrey
and sent for by the Councell Who by Vertue of his Excellencys
Leter Dissolved the Assembly.
* 1-95 * Memorandum yl Cap1 Richard Gerrish Mr georg Jeffry and
Sam11 Keais had ther Debentures for all Ther Servis one ye
Asembly for ye Towen of portsm0 from March ye 3d i7I3/i4to No-
bemr ye 5th 17 14 35 days Apese : —
Theo : Atkinson had his Debenter from the 3d July 171 2 to the De-
solving the Assembly Ninety Eight Dayes
James Rendell from the same time forty Eight Dayes
* 1-96 * Cap1 Richard Ger- Majer Joseph Smith Cap1 Timoth ger-
rish rish
Mr georg Jeffryes Mr petter Wier Mr Steven Jones
Sam1 Keais Joshua Winget Mr John Downing
Mr Theoder Atkinson Sam11 Thing Sam1 Estman
M1' Jothan Odihorn Nickholas Gillman
* 1-97 * 171 5 Province of New Hampshr —
Att a Generall Assembly Calld By His Excellency Joseph
Dudley Esq' Govern1' & Command1" in Cheife of Said Province on the
13th of Aprill 171 5.
171 5] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 59
The Members Elected ^ the Severall Towns Returned as Ffc-1-
lows — viz
for Portsm0 for New Castle
Richd Gerrish Esqr Theodr Atkinson Esqr
Geo : Jaffrey — Jotham Odiorn
Sam1 Keis
for Hampton Dover
Majr Joseph Smith Cap1 Tim0 Gerrish
Peter Ware Jn° Downing
Joshua Wingate Stephen Jones
Exeter Kingston
Sam1 Thing Sam1 Easman
Nich° Gilman
Sam1 Penhallow Esq1' & Jn° Plaisted Esqr Being Appoynted Did
Administ1' the Oaths of allegiance &c for Qualifying ye Above Mem-
bers — ye 20th of Aprill 171 5 —to ye Whole House Except Mr At-
kinson Cap* Nich° Gilman & Sam1 Easman they being Absent
*I7I5 Ap1 20th The House Mett & Qualifyed * 1-98
Voted Richard Gerrish Esqr Speaker Who being Presented
to His Excellency and Accepted Accordingly —
Voted Sam1 Keis Clarke of ye House —
The House Sent for by his Excellency who Presented The fallow-
ing Speach
Province of N Hampshr
Gentlemen Portsm0 20th Ap1 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 Mr Treasurer to Lay before You the Present state
of Your Debts wch 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 ye
Province & Defence for ye ffuture Joseph Dudley
60 PROVINCE OF NEW HAMPSHIRE. [I7I5
. * 1-99 * For the Regulateing the House the Articles in ye Other
End of yc Book Were
Voted The Rules of this House Being Ten in Number —
The House Is adjorned to thirsday ye 21th Ins" Nine a Clock —
Ap1 21st The House Mett ^sent
Mr Speaker Sam11 Esman Mr Ware
Majr Smith Theo : Atkinson Mr Sam1 Thing
Capt Tim0 Gerrish Cap1 Wingate Geo : Jaffrey
Cap1 Odiorn Cap1 Downing Sam1 Keis ■ —
Mr Jones
Sam1 Easman being Elected Representative for the Town of Kings-
ton and Returned Accordingly, Was Qualifyed by Takeing the
Proper Oaths Administrd by Jn° Plaisted Esqr & Mr Sherife Phipps—
The House Adjourned by ye Speaker to two a Clock afternoon —
Mett Accordingly & Present ut Supra with Mr Esman —
Voted That There be a Committe of Both Houses Appoyntd to Ex-
amine the Province Accots and Make Returns to ye Generall As-
sembly from time to time : Voted Mr Speaker Mr Atkinson &
M1' Jaffrey & Maj1' Smith The Committe of this House —
* 1-100 *iyi$ The House Adjourned "§ the Speaker to ye 22d In5*
9 a Clock —
Ap1 22d The House Mett ^sent
Mr Speaker Mr Peter Ware Mr Easman
Majr Smith Cap1 Odiorn Geo : Jaffrey
Mr Thing Mr Jones Sam1 Keis
Cap1 Tim° Gerrish Cap1 Wingate Theo : Atkinson
Cap1 Downing
Voted that there be a Comitte of both Houses Apponted to Exam-
ine the Province Accolls And make Returne from time to time to
the Generall Assembly
April 21 171 5 "$ : order of the House Sam11 Keais CI1'
Voted by the Councell that Rob1 Eliot John Plaisted & Mark H unk-
ing Esqrs being A Comitte to Joyn with such As Shall be Appoin-
ted by the Represent5 to Examin the Accols of the Pro :
Thos Phips ^ : order
Voted M1' Speaker Gerrish Mess Atkinson Jeffrey and Smith the
Comitte of this house to Audit Accols pursnt to the Above Vote
^ : order Sam11 Keais Cler :
* 1-101 * New Hampshr
at a Generall assembly held at portsm0 20 Aprile 171 5
1 71 5] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 6 1
Whereas by ye Return of ye Committee from Dover it appears there
is no agreement about ye 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 ye Inhabitants
there about & make Report which of the two houses (since ye sepera-
tion of Newington best serves the remaining Inhabitants to meet
Constantly to attend ye publicke Worship of God on the Lords Day &
yl the Selectmen of ye Town to be Notified to attend ye Committee in
this affair at ye old meeting house on Dover necke on Munday next at
ten of ye Clocke & the Committee to make there Return to ye assem-
bly on tuesday following — past by the Councill Who have Chosen
Cap1 John Plasteed I to Joyn wth 2 : Chosen
& Cap1 Marke Hunkin J by ye house of Representvs
Voted yt mr Samuell Thing and Mr peter Weare be a Committee of
this house to Joyn with ye above Committee —
April 21st 171 5 ^pr order of House of Representes
Sam11 Keass Clarke
Ap1 22d Voted Maj Smith & Theod1' Atkinson Esq1" a Comitte to
Joyne with the Gentlemen of ye Councill to make Return abt the
Goal.
The House Adjourned to 2 a Clock —
The House mett ^sent
ye Speaker Mr Peter wire Cap* Jn° Downing
Mag1' Smith Cap" Odiorn Mr Easman
Mr Thing mr Jones Cap" Atkinson
Cap" Tim0 Gerrish Cap" Wingate Sam11 Keis —
The House Is adjourned to ye 23d Is" 9 a clock
* Api11 23d The house Mett & Present * 1-102
ye Speaker Mr Easman Mr Stephen Jones
Magr Smith Cap* Odihorn Sam11 Keis
Mr Thing Mr Peter Wire Cap1 Tim0 Gerrish
Cap" Downing Cap" Josh Wigate Mr Theoder Atkinson
The House is adjourned to 2 a Clock
Mett According to Adjornment And Adjorned Untill the 25th Ins*
Ten of Clock
Apr11 25th The house mett according to adjornment ^rsent
ye Speaker Mr Sam11 Easman Mr Thing
Magr Smith Cap" Wingate Mr Wire
Mr Jones Cap" Atkinson Cap" Tim° Gerrish
Cap" Odiorn Cap" Jn° Downing Mr Sam11 Keis
62 PROVIN'CE OF NEW HAMPSHIRE. [l7l$
The House is adjorned untill the 26th Ins" Nine of ye Clock —
Mett According To Adjornment Present
Mr Speaker Wingate Easman
Keais Thing Downing
Wear Jones Odiorne
Smith Gerrish Atkinson
* 1-103 * Voted That there be burnt one Thousd pounds And five
hundred pounds Repeated of the 1 500^ In the Treasury —
Major Smith Cap1 Downing And Mr 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 Richd Dolhof being Read and Considered by the
house
Voted That he have twenty pounds Given him 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 sd Return —
* 1-104 *The House is adjorned to ye 27th Ins1 6 a clock
apr11 27th The House mett according to adjourment ^Sent
ye Speaker Cap" Tim° Gerrish Mr Jones
Magr Smith Cap" Odyorn Mr Sam11 Easman
Mr Wire Mr Jeffry Mr Sam11 Keis
Mr Thing Cap" Jn° Downing Theodor Atkinson Esqr
Cap" Josha Wingate
Voted That that part of the Ac" about Impost &c beginning : the
10th June 1 714 Concerning the Duty of rum Wine Sugar Mollasses
and Tobacco bee Continued : Untill ye 10th June 17 16 and Where as
ye Drawback there Is Three Quarters If Exported In Six M° Its
now not Allowed Except It be Exported In three Months after
ye Importation Sam11 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 pd last year —
A Vote Sent up that the 1000^ 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
1 71 5] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 63
May 25th The House Mett ^sent
Mr Speaker Cap1 Wingate Geo : Jaffrey
Majr Smith Theodr Atkinson Esqr Sam1 Keis —
Cap1 Odiorn
The Returne of ye Committe for Auditing Accots Examined & Al-
lowed, the Whole Am0 to two hundred fifty nine pounds five shill :
5d
Passd f the House Sam1 Keis Clers—
The House is Prorouged to fryday ye 10th June next — | ye Coun-
cill —
* 171 5 June 10th The House Mett ^sent * 1-106
Mr Speaker Gerrish Majr Smith Geo : Jaffrey
Theodr Atkinson Esq1" Jotham Odiorn Sam1 Keis
The House Mett According to Prorogation in ordr to Burn one thou-
sand pounds Prov : Bills But the Treasurer Remonstrating that the
Money was not brought into ye Treasury. The time for Burning is
therefore Defered to the fourteenth Day of July next. And the As-
sembly is Accordingly Adjourned to thirsday ye 14th of July.
1 71 5 July 14 The House Mett According to Adjorn* Present
Mr 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 ^£1000 * Which Was to * 1-107
have been burnt of this Province Bills but that he had the
Greatest part of them ; It Was then Agreed that What Bills there
was in The Treasury of this Province5 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 Cap1 Wingate Chosen
of the House of Representatives
Its agreed on by both houses that the Tresurer have a Longer
time that he may gitt ye rest of ye Bills of this Province to make up
ye thousand pounds to be burnt its therefore defered to ye 28th Inst —
and ye Assembly is accordingly adjourned to thirsday ye 28th Cur-
rant—
1715 July 28th The House Mett fsent
Mr Speaker Joshua Wingate Geo : Jaffrey
Majr Smith Theodr Atkinson Esqr Sam1 Keis
Jotham Odiorn
64 PROVINCE OF NEW HAMPSHIRE. [l7l$
* I- 108 * Majr Smith Refuses to be of ye Above Committe
Voted Cap1 Wingate of this House to Joyne with Marke
Hunking Esqr of ye Councill to tell the Bills as above.
The House Adjourned, not having time to Count & burn the Money
to ye 29th —
July 29th The House Mett ^sent
Mr Speaker Gerrish Cap1 Odiorn Cap1 Wingate
Theod1' Atkinson Sam1 Keis Geo : Jaffrey
Majr Smith
The Comitte Returning Viz Mark Hunkin Esq1' & Cap1 Wing1 hav-
ing Receved from M1' 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 Honble 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 * Augst 11th 1715 The House Mett ^sent
Mr Speaker Gerrish Jotham Odiorn Sam1 Keis —
Theodr Atkinson Esq1' Geo : Jaffrey
The House Adjourned to thirsday ye 18th Ins1 at: 10 of ye Clock.
Augst 18th 1 71 5 The House Mett f sent
Mr Speaker Gerrish Mr Geo : Jaffrey Stephen Jones
Theod1 Atkinson Esq1 Jotham Odiorn Sam11 Keis —
The House Adjourned to thirsday the first day of Septr next att 10
of ye Clock —
Septb1" Ith The House Mett ^rsent
ye Speaker Cap" Tim0 Gerrish
Theod1" Atkinson Esq1' Sam11 Keis —
The House adjourned to thirsday ye 8th Instl at 10 Clock
*i-no *The 8th Sep1 1 71 5 The House Mett According to Ad-
journment Present
Mr Speaker Wingate Thing
ECeais Odiorne Atkinson
Smith Wear
The D Govern1 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 ye 9th Insu at 10 a Clock.
171 5] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 65
Septbr ye 9th The House mett & prs*
ye Speaker Cap" Odiorne Magr Smith
Theod1' Atkinson Esqr Cap" Downing Cap" Wire
Mr Thing Cap" Gilman Mr Keis —
Cap" Wingate
The house adjourned for two Hours.
The House mett & Present as Above.
The house adjourned to Saterday ye 10th Ins" 10 a Clock
* Memorandom that Cap1 Nicklos Gilman was Qualified as : * i-i 1 1
a member of this house according to law, Septr 1715/
Septbr 10th The House mett and Present —
ye Speaker Mr Thing Magr Smith
Theodor Atkinson EsqrCap" Wire Sam11 Keis
Cap" Odiorne Cap" Downing Cap" Gilman
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 Ll Govern1"3 Speech being Read Is left to farther Consideration
And The House Is Adjorned Untill the 12 Ins1 Tenn of Clock or-
dered That A Messenger be Sent from the house for the Members
that Are Absent
* 171 5 The 12 Sep1 The house Mett According to Adjorn- * 1-112
ment Present
Mr Speaker Wingate Jones
Keais Gilman Odiorne
Smith Gerrish Easman
Wear Downing Atkinson
The House is adjourned till tusday ye 13th Ins" 1 1 a Clock
13th Sep1 The House Mett According To Adjornment Present
Mr Speaker Wingate Easman
Keais Gilman Odiorne
Smith Downing Atkinson
Weare Jones
Answer to the L* Govern1'5 Speech Sent Up ^ mr Easman As ^ :
Copia on file
Adjorned for two hours Returned According to Adjornment
^sent As in the Morning
66 PROVINCE OF NEW HAMPSHIRE. [i 71 5
* i— 1 1 3 * Voted That If Govr 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 "$ : Annum for his
bote to Attend the Governm1 And fort he keeping her In Repair
With oars sayles &c
Copy
The house Adjourned Untill the 14th Ins" Ten of Clock
Septbr 14th The House mett according to adjournment ^sent
Speaker Cap" Odihorn Mr Wire
Theodor Atkinson Esq1' Cap" Gilman Mr Easman
Magr Smith Mr Jones Mr Keis —
Septbr 14th 171 5 The house of Representatives Were sent for by
the Ll Gov : And Dissolved
* 1-1 14 * Memorandom These may Certife that majr Josepher Smith
hath Served in ye Generall Assembly for ye Town of Ham-
ton twenty nine days from the 13th of Apral 17 14, Untel ye 13 of
Septr 171 5 allso Cap" Joshua Wingett twenty seven days Cap"
Peter Weare twenty days — Sam11 Keais Clark
Sep1 14th 171 5
Memorandom/ These may Certife that M1' Steven Jons hath Served
in ye General Assembly for ye Town of Dover from ye 2d of octr
1714 to Septrye 14th 171 5 ninten days Sam11 Keais Clark
Sep1 14 1715
Memorndom/ These may Certife that Mr Sam11 Eassman hath
Served in ye Generall Assembly for ye town of Kingstown Seven
days from ye 11th of may 1 714 Untel ye 14th of Sep1 1715 fifteen
days ye Hole twenty two days Sam11 Keais Clark
Sep1 14th 1 71 5
* 1-1 15 Memorandom/ These may Certife that mr Necklos Gilman
hath Served in ye Generall Assembly fore ye Town of Ex-
tor from ye 2d of octbr 1714 to Sep1 ye 14th 171 5 twell days
Sep1 14th 1 71 5 Sam11 Keais Clark
to Sepr 14th 171 5. Gerrish 32 Jaffry : 18 Keais 32
Sep1 14: 171 5 Sam11 Keais Clark
* 1-116 * These are to Certify That Theo : Atkinson hath Served
In Gcnnerall Assembly for the Town of New Castle twenty
171 5] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 6j
Eight Days Since the 13th of Aprall last past As Appers by the
Book of the Representatives this 14th Sep1 171 5
Sam11 Keais Clark
These are to Certife Whom Concerned That Cap" Jotham Odiorne
hath Served In Generall Assembly for ye Town of New Castle twenty
Six Days Sence the 13th Aprall last as appers by ye Book of the Rep-
resentatives this 14th Sep* I7I5 Samii Keias Clark
These may Certife all Consarned that Cap" Jn° Downing hath
Served in ye Generall Assembly for ye Town of Dover from ye 20th
of Ap11 1 714 to Sep1 14th 1715/ 13th days
Sep* I4th i;i5 . Samii Keais Clark
*Pro : New Hamp1' 8 Nov : 1715 *i-U7
Att A Gennerall Assembly Called by The Honble Geo:
Vaughan Esqr Leiut Governr The Members Returned to Represent
The Severall Towns were
Portsm0 Richd Gerrish Esqr
Mr Geo : Jaffrey
Cap1 Richd Wiberd
Hampton Major Joseph Smith
Mr Jabez Dow : Epha Marston
Mr Peter Wear
N : Castle Coll : Shadrach Walton
Theo : Atkinson
Dover James Davis Esqr
Mr Sam11 Tibbets
Newington Mr John Dam
Exeter Mr Sam11 Thing
Cap1 Nich : Gilman
Kingstown Mr Sam11 Esman
*A11 Which Appearing Sam11 Penhallow and Mark Hunk- * 1-118
ing Esqrs 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 U 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 Richd Gerrish Esqr Speaker And According to the U Govr
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. [l7lS
Adjorned Untill the 9th Ten Clock
* 1-119 * Novemr 9th 171 5 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-
serve! for the Regulating the house —
The House Sent for by the Ll Govern1' To the Councell Chamber and
Deliverd A Speech Viz
Copia
Gent" The knowledge I have of ye Extraordinary Abilitis and Long
Experiance of his Excellency ye Govr & ye Honble the L* Gov1' 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 ye Crown
& to Promote the Wellfareand Prosperity of this His Majesties Prov-
ince —
Wee have (Blessed be God for his Divine ffavour) full assurance
of ye Happyest Estate of ye 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 ye Generall Good of his Good Subjects here by Establishing
Wholesome Laws to Suppress Vice & Incourage Virtue and Enforce
ye 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 ye Miserable Estate of ye
Castle that Due Care be taken for its Repairs and y1 it may be Done
as Seasonably as the Spring will admitt The Deficiancy of ye 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 ye fflames 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° Purges Our Goverlir When he Shall come among us, and
l7IS] JOURNAL OF THE HOUSE OF. REPRESENTATIVES. 69
to Nominate & Desire proper Persons to Congratulate and Pay ye
Dutyfull 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 needfull may be Considered & Dis-
patched for probably the Arrivall of ye Govr may Occation another
Session and it is my Hope and Desire that no former Disagrements
or Differences whatsoever may put us out of ye way of our Duty to ye
Crown & Goverm1 but Rather that Our Past Contentions may make
us more Desirous of our Own and all Our Neighbours Peace & Tran-
quility Geo : Vaughan
9br 8th 1 71 5
* Adjorned for two hours * 1-121
Returned According to Adjornment
Present As In the Morning the Whole house
Voted Mr Richd Wibird and Cap1 Peter Ware a Committe of this
House to Joyne with Such as may be Chosen of the Councill to
view the Prison and make Report to the Generall Assembly of
what is proper to be Done therein
Copia
Adjorned to the 10 Ins1 10 Clock
Novr 10th The House mett according to Adjournment ^sent the
whole House Except Coll0 Walton & Theo. Atkinson Esqr — Coll :
Walton & Atkinson present
The House being informed that Mr 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 Qualifyed
*A Letter from L1 Gov: Usher Directed to the Generall * 1-122
Assembly being Read The house thought It proper to De-
sire the sight of L1 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 I "m>
Voted That Coll Walton & Cap1 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 Adjornm1 Present the Whole house
Adjorned Untill the 11th Ins1 10 of Clock
11 Nov: 1 71 5 The House Mett All present
70 PROVINCE OF NEW HAMPSHIRE. [i/1 5
A Vote for Allowence of Each Gentleman of the Councell four shill-
ings Each Day they Attend Duering the Setting of the General As-
sembly Sent Up
* 1-123 * A Vote that Coll : Walton be Joyned With Cap1 Hunkin
Answer to L1 Govrs Speach
Att the Last Session of ye Gen1 Assembly a Committe was Chosen to
view the ffort at New Castle and Make Return of ye Circumstances
thereof and According to their Return we shall Proceed thereon —
Wee have Chosen a Committe to Look into ye Defects of ye Prison
and shall act ye needfull upon their Return
Wee Appoynt Coll° Walton in ye Room of Mr Wingate to see the
Remains of ye Prov : Bills burnt and Order it to be Done forthwith
As to the 1 500 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 ye Custody of the ^sent Speaker of this House Richd Gerrish
Esqr
Wee are Informed that His Excellency Coll0 Burges will not be
here this Winter so think We may seasonably make Provision for his
Reception at ye next Session of ye Gen1 Assembly
* 1- 1 24 * Adjorned for Two hours
Mett Accordingly & Presant as Above
Presented a Peticion ^ Cap1 Nath1 Hill from Sundry Inhabitants of
ye Parish Calld Oyster River
Upon Reading of said Peticion
Ordered That the Selectmen of Dover and the Constable of y*
District calld Oyster River be Notifyed to Attend ye Next Session
of ye Gen1 Assembly & some of ye Peticionrs Appear Likewise with
ye Town Records Relateing to said Parish
Adjorned to the 12 Ins4 10 of Clock
12th Nov : 171 5 The House Mett Acording to Adjornment present
Mr Speaker Thing Gilman
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 ye Present be forthwith Done.
171 5] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 7 1
12 Nov : 1 71 5
The House Sent for by the L1 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
yrin 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 : 1 71 5
* The House by the L1 Govemour Adjorned to Munday the * 1-126
28th Ins1 And Accordingly the House Is Adjorned to The
28 Nov: 171 5 twelve of Clock
Nobr 28th The House mett according to Adjournment ^sent
ye Speaker Cap" Davis Mr Dam
The House is adjourned to ye 29th Ins" twelve a Clock
Nov : 29 Mett According to Adjornm1 Present
Mr 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 L1 Gov : to
know * If their Were A house of Represnts by order of the * 1-127
Speaker Cap1 Davis Went to the Councel Chamber to
Aquaint the L* Gov : & Councell their Were Noe Representatives
from Hampton Exeter Nor Kingstown And Cap1 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
30th Novr 171 5 House Mett Present As Yesterday
Mr Speaker Dam Walton
Davis Tebbets Atkinson
* Adjorned for Two hours — * 1-128
Mett According to Adjornment Present As in the morning
Mr Epha : Marston Appearing and brought A Certificate from Hamp-
ton that he was chosen As Representative in the Room of Mr Jabez
72 PROVINCE OF NEW HAMPSHIRE. [171 5
Dow Cap1 Davis y the Speakers order Informed the L1 Gov : &
Councell thereof —
Noe More Appearing Untill Seven of Clock
The House by the Speaker Adjorned Untill the first of Dec : Ten
of Clock
1 Decern1' 171 5 Mett According to Adjornment Present
Mr Speaker Smith Dam
Tebbets Davis Atkinson
Gilman Walton
* 1-129 * The U Gov : being informed that Cap1 Gilman was Come
to the house And that When mr Marston was Qualifyed
there Would be A house Mr Penhallow Attended by the Cler of the
Councell Came to the House and Mr Marston was Qualifyed by take-
ing the Oaths signing the Tes1 &c :
Adjorned for two hours
Mett According to Adjornm1 Present
Mr 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 * Cap1 Davis And Coll : Walton Chosen A Comitte to Joyne
wth Messrs Penhallow and Wentworth to Draw up the Act
About Bankrupts &c
Adjorned to the 2d Decern1' ten of Clock
2d Decern1" 171 5 Mett Present As Yesterday
Mr Penhallow Came from the Councel With Several Papers Relat-
ing to the Petetion of sundry Inhabit8 of Oyster River With the An-
swer thereto by Many In the Sd District ; With the order of the Lr
Gov : & Councell thereabouts
* 1-131 The House Not hearing the Partys thereon * And mr 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 sd Papers that the Mind of the house Was
that the L1 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 :
I7I5] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 73
3d Dec : 171 5 Mett According to Adjornment Present As Yester-
day
Messrs 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 mr Speaker Gerrish, Major Smith & mr Atkinson * 1-132
Joyne wth Messrs Plaisteed & Hunkins As A Comitte to
Revise theLaws &c
Adjorned to the 20th Ins1 twelve of Clock by order of the L1 Govr
20th Decern1" 171 5 Mett According to Adjornment Present
ye Speaker Cap" Davis Mr Thing
Theodor Atkinson EsqrCaptt Wibird Mr Dam
Mr 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 L1 Gov : & Councel by their Cler : sent
Down for settleing a Constables Watch Concured with —
* Mesrs Jeffrys & Atkinson A Comitte to Draw up the Act * 1 — 1 3 3
Adjorned by the Speaker to the 21st Ins1 10 of Clock
21 Decern1" 171 5 Mett Present
Mr 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 L1 Gov : to
Desire A Conference ; Accordingly the House Went to the
Councell Chamber *and Discoursed on the following affairs * 1— 134
viz1
Runing Town Bounds, Raiseing Money prohibet Exporting Wood.
Settle ye Proportion of ye Prov : Tax for Kingston & The Shoales
Limitt ye Number of Publick houses in ye Severall Towns, and about
ye Due Celebration of ye Sabbath — and Returned to the House
The House Adjourned to the 23d 10 a Clock
6
74 PROVINCE OF NEW HAMPSHIRE. [I7IS
Decr 221 The House Mett f sent
Majr Smith Geo : Jaffrey Mr Mastin
Mr Wibid Atkinson Mr Tibbets
MT Thing Cap1 Davis Walton
Cap1 Gil man M1 Dam
Adjourned for two hours —
Mett Present As in the Morning
The Speaker being Absent Mr Gaffry And Mr Atkinson Acquainted
the House that the Speaker Gerrish Was Very Indisposed And Not
Capable of Coming to the House Major Joseph Smith Chosen Speakr
Pro tempore
* i — 1 3 5 * Whereas ye Multiplicity of Taverns tend to Disorders
Voted That the Number be Limitted viz1
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 ye Province and all Other Tippleing houses Sup-
pressed. The Justices at the Quart1" Sessions to Appoynt & Lycence
the Said Publick Houses or Taverns —
Voted That there be at Least fourteen Day's Notice given to ye In-
habitants of ye Severall Towns before the Generall Choyce 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 ye Generall Assembly
Voted That the Town or Parish Bounds be Perambulated & a Com-
mitte Appoynted therefor
The House Adjourned to ye 23d Ins1 10 a Clock Ante Meridiem
Decr 23 The House Mett fsent
Mr Speaker
Coll0 Walton
Mr Dam
Mr Thing
The Atkinson
Geo: Jaffrey
Mr Wibird
Cap1 Oilman
Majr Smith
Mr Ware
Mr Marston
Mr Tibbets
Davis
I7I5] 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
Portsm0 Mark Hunkings Esqr
Cap4 Richd Wiberd
Hampton Mess Peter Wear
Joshua Wingate
Exeter — Nich : Gilman Esqr
Mr Jona : Wadleigh
Dover James Davis Esqr
Cap1 Timo : Gerrish
New Castle NJohn Frost Esqr
Kingstown Mr Jona : Sanborne
The Major part of Which Comitte Shall Make their Return to the
Gener11 Assembly As Soon As May be After they have Accomplisht
It by order &c
Copia 23 Dec 11715 Theo : Atkinson Cler :
* Voted That the Comitte be Allowed Each seven Shilings * 1— 137
fj : 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
Mr Speaker Atkinson Smith
Jaffrey Davis Wear
Wiberd Tebbets Marston
Walton Gilman Dam
Thing
Adjorned to the 24th Ten of Clock
* Decern1" 24th 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
y6 PROVINCE OF NEW HAMPSHIRE. [l7l6
A Vote sent Down from the L1 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 Accots 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 ye Debt
be under forty shill & that an Act be Drawn up Accordingly wth
Necessary Exceptions
* 1 — 1 39 * Voted That Starr Iseland be a Town Caled by the name
of Gosport
The Speaker proposed the giveing A present to the L1 Gov :
Voted
* 1-140 * By the L1 Governr Adjorned Untill Munday the 2d Jan1"*
Next 12 of Clock
2 January i/i5/(5
The House Mett
Present
Davis
Tebbets
Marston
Gilman
Jaffrey
Wiberd
Walton
Thing
Smith
Atkinson
Dam
Wear
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
Messrs 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 they Re-
turned their was Not A Councell
Adjorned till the 3d
* 1 — 141 * The House Adjourned to ye 3d ioa Clock. —
Janr 3 : The House mett ^sent
Maj1' Smith Mr Wibird Mr Ware
Mr Mastin Atkinson Mr Dam
Cap1 Gilman Cap1 Davis Coll° WTalton
Mr Thing Mr Tibbets Geo : Jaffrey
Majr Smith Voted Speaker pro Tempore — Mr Sam1 Thing Clarke
protempore.
The House Adjourned to 2 a Clock Post Merid"1
Mett Accordingly *$sent ut Supra — Except Mr Wibird & Cap1
Davis —
iyi6] JOURNAL OF THE HOUSE OF REPRESENTATIVES. JJ
A Vote Sent from ye U Govr & Councill That An Act be Pas1 for ye
Suppressing Disorders in Licenced Houses and in Order thereto That
Titheing men be Chosen and Sworn in Each Town within ye Prov-
ince to Which to the House
Vote a Concurrence —
The House Adjourned to ye 4th Ins* 10 a Clock —
* Janr 4th The House Mett ^sent * 1-142
Majr Smith Mr Dam Mr Thing
Mr Tibbet Geo : Jaffrey Mr Mastin
Mr Ware Coll° Walton Atkinson
Mr Gilman
Majr Smith Chosen Speaker pro tempore Mr Sam1 Thing Clarke pro
Tempore —
Adjorned for two hours
Mett Present
Majr Smith Thing Ware
Walton Atkinson Dam
Gilman Marston Jeffrey
Tebbets
Adjorned to the 5th Ins* ten of Clock
Janr 5th The House Mett f sent
Cap1 Gilman Mr Tibbets Mr Dam
Mr Wibird Mr Atkinson Geo : Jaffrey
Mr Mastin Mr Ware Coll° Walton
Mr Sam1 Thing
Voted Mr Sam1 Thing Clarke protempore
Adjourned for two hours —
* Mett ^sent as before * 1-143
Voted Theodr Atkinson Esqr Speaker pro Tempore
A Vote concerning ye Oblidgeing Persons to attend some Publick
Service on ye Sabbath Sent from ye Lt Govr & Councill. to wch
Ordered that Nothing be Acted theron there being a Law in ye
Prov : Relateing thereto — as allso a vote for giveing Jn° Partredge
twenty pounds — Not Allowed
Voted Coll° Walton & Mr Wibird a Committe to Joyne with ye Com-
mitte of ye Councill to Draw up an Act About Book Debts —
Voted That there be a Committe Appoynted to Receive ye Claimes &
Audit ye Publick Accots of the Province —
yS PROVINCE OF NEW HAMPSHIRE. \_l7l^>
Voted Majr Smith Mr Sam1 Thing & Geo : Jaffrey be of ye Com-
mitte Above said to Joyn with Coll0 Waldron Jn° Wentworth &
Jn° Plaisted Esq*8 Chosen by ye Councill —
Voted Marke Hunking & Sam1 Penhallow Esqrs Majr Smith Mr Pr
Ware. & Mr James Jeffrey accompanying them be a Committe of
this Province to Joyne & mett the Persons Appointed by the Mas-
sathusetts to Run ye 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 ye Acco1 of ye 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 Gen1 Assembly
Jan 5th 171 5
The House Adjourned to ye 6th Ins1 10 a Clock —
6Janryi7iVG Mett Present
Walton Jaffrey Dam
Wiberd Atkinson Marston
Gilman Wear Tebbets
Thing
Voted Theodr Atkinson Esqr Speaker pro tempore
A Vote sent Down from ye U Govr & Councill for an Address Con-
gratulatory to the Kings most Excellent Majesty on his Deliver-
ance from a hellish Conspiracy &c
Voted Wee are allways thankfull for his Majesties Preservation and
Rejoyce at ye Detecting of Conspiracies against his Sacred Majesty
& Goverm1 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 7th Ins1 10 Clock
7th Janry 171 5 Present As Yesterday
Voted Theodr Atkinson Esqr Speaker pro Tempore
Voted That an Execution upon Land shall give a Good Title to it in
four Years after Return of sd Execution
Being Informed that thro ye Sickness & Death of Charles Storey Esqr
Deceased Late Secretary of ye Prov : Severall Laws Enacted in
May 1 7 14 had not ye Seale of ye Prov : Affixed to them
Voted That the Seale of ye Prov : be forthwith Affixed to those Laws
that they may be in force as tho Sealed in Season and they be
Printed with ye other Laws —
I7l6] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 79
Adjorned to Wedensday the 11th Ins1 Ten of Clock by order of the
L1 Gov :
* 1 1 January 171 5 The House Mett According to Adjornm1 * 1-146
Present
Major Smith Coll Walton Mr Dam
Mr Wear Theo : Atkinson Mr Jaffrey
Mr Marston Cap1 Gilman Cap1 Wiberd
Mr Tebbets
Major Smith Chosen Speaker Protempore
Adjorned Untill the 12th Inst 10 of Clock
I2thjanry 1 71 5 Mett Present As Yesterday
Mr Treasurer Penhallow Came to the House and Informed the
Speaker that he was Chosen by the Councell to Receve from Madm
Storey What Publick papers yet Are in her hands And Desires one
May be Chosen To Joyne In that Affayre Mr Geo : Jaffrey Was
Chosen —
* The House Adjourned ^ the Speaker for two hours * 1-147
Mett ^sent as before
A Message sent Down from the L1 Govr & Councill that they Re-
solved not to Delay an Address to his Majesty upon Which
Voted That this House Joyne with ye Lr Govr & 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 13th Ins1 10 of Clock
Janr 13th The House Mett f sent
Majr Smith Mr Tibbets Mr Ware
Cap1 Gilman Atkinson Geo : Jaffrey
Mr Mastin Mr Dam Walton
Mr Wibird
Voted Majr 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 Adjornm1 Present As in the Morning
* 13 Janry 1 71 5/6 A Vote from the Councell board for * 1-148
Chooseing two to Joyne As A Comitte With Richd Waldron
And Sam11 Penhallow Esq1'5 to Draw Up An Address to the King
Messrs Geo : Jaffrey And Theo : Atkinson Chosen of this house to
80 PROVINCE OF NEW HAMPSHIRE. [l7l&
Joyn with yc Committe of yc Councill to Draw up the Address pur-
suant to Our Vote —
Adjorned to the 14th Ten of Clock
i4thJanr>' 1 71 5 Mett Present As Yesterday Except Mr 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 L1 Govern1" And having Passed two Acts
Viz :
1 for a Constables Watch
2 for Regulation of Lycenced houses &c
* 1— 1 5 1 * By the Ll Govern1" Adjorned to the first Day of March
Next
6 Feb : 171 5/6 The House by A Special order from the L1 Gov : &
Councell Mett Present
Major Smith Cap1 Davis Cap1 Wiberd
Mr Wair Mr Tebbets Coll Walton
Mr Marson Mr Dam Atkinson
mr Jaffrey
Mr Jaffrey & Cap1 Wiberd Were Desired to Attend mr 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 L1 Govern1" ; Major Smith Chosen
Speaker protempore
* 1-152 * The U Gov: Speech Delivered After The Cler : of the
Councell had Read It Viz
Gen1 When you were here At your last sessions We foresaw Noth-
ing wch 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 prisons Deficiency to your Consideration You Are
not Insencible of two mens Escaping thence but Upon Application to
his Hon1" 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 — 1 53 sent neither * By Restoring the first the Province hath
Saved At Least ^£300 : Which the Crs Were About to sue for
And would have Infalibly Recovered And by both Wee laid Under gl
iyi6] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 8 1
obligations to that Goverm1 I am to Inform you It was the Advice 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 Govern^ And Doubtles
your Care will prevent It for the future
I would Observe to you that where no Discipline And Rigr 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 Govermt Is but A Name
And Not the thing/. I Am Informd that the laws Are fited for the
press —
Mr Treasurer Penhallow has*" been Att Boston And tells
Us he hath Discorsed * The Printer As he Can Inform you I * i — 1 54
am of Opinian No time shuld be lost Your Money lyes Dead
in the Treasury so that we have No Advantage in Delay
Gent 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 Administrars of the Estate of Sr 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 Majts 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
Managem1 * of your own private Affayres I know the Sea- * 1— 1 55
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 Govmts) 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: 6th 171 5/6 Geo: Vaughan
Adjorned to the 7th Ins1 nine of Clock to Mr Speaker Gerrishes
7 Feb : 171 5/6 The house Mett Present As Yesterday Mr Speaker
Gerrish and mr Thing & mr Esman —
* In Answer to the U Gov : Speech * 1— 156
The 12th Nov: last a Comitte made A Return About the
prison Upon Which Wee Voted the Needful yron As to the laws we
Expect the Comitte Appointed to Collect And Revise them Make A
82 PROVINCE OF NEW HAMPSHIRE. [l7l6
Report thereof to the General Assembly Upon wch 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 Massats & this Province May be Impowerd And pro-
ceed When they have Notice from the Massathusets
* 1— 1 57 * 1 March 171 5 The House Mett According to the Adjorn-
ment from the 14th Janr-V last Present
Mr Speaker Gerrish Atkinson Gilman
Wiberd Jaffrey Thing
Walton Davis Easman
Smith
Mett Att Mr Speaker Gerrishes ; Cap1 Richd Wiberd Sent As A mes-
senger to the Councel to 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 — 1 58 and If the house had Any thing to * offer they were Redy
to hear them otherwais they would Adjorn till the 2d Ins1
10 of Clock
Adjorned by the Speaker to the 2d Ins1 ten of Clock
2 March 171 5/6 Mett Present As yesterday & Mr Tebbets— ; The
Cler : of the Councel Came to the house and Informed that the
Councel Were Adjorned to Tuesday the 3d of April And this house
Is Accordingly Adjorned to the 3d April Next
3 April 1 716 The House Mett According to Adjornment Present
Mr Speaker Gerrish Marston
Jaffrey Gilman
Wiberd Thing
Wear Davis
Dam
Tebbets
Walton
Atkinson
Easman
-159 * Adjorned to the 4th Ins* 10 Clock
4 April The House mett According to Adjornment pres-
ent as yesterday
Adjorned for two hours
Returned According to Adjornment
I7l6] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 83
A Vote Sent Down from the L* Gov : & Councel for building A
Court house/. Under Consideration
Adjorned to the 15th 10 of Clock
5 April Mett According to Adjournment, Present the Whole
House
Voted Capts Davis & Wiberd A Comitte to Joyne John Plaisteed &
Mark Hunkins Esqrs As A Comitte to View his Majts ffort At
New Castle And make Report thereof According to the Vote from
the Councel on file Adjorned to the 6 Inst 10 of Clock
* 1 716 6 April the Whole house Mett According to Ad- * 1-160
jornment
Adjorned to the 7th Ins1 Ten of Clock
7th April the House Mett Present the Whole House
A Petetion of Sam11 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 Portsm0 * 1-161
At the Expence of the Province The Sd Town to Provide
Land to sit itt on Wth 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 Accotts to give Notice
when the Will Examin them & When Done Make their Return of
all Dts Upon Which At our Next Meeting Wee will Repeat Money
for payment of them that Shall be Allowed by the General
Assembly and for Whatever Else May then be Needfull * And * 1-162
In Case His Excellency Coll Burges 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 Mr
Speaker Gerrish Mesrs Atkinson & Jaffrey be Mesrs from this house
to Joyne with such to be chosen of the Councell to Complement
& Congratulate him on his Arrival
[-163 * iyi6 May 1
The hous
Present
Mr Speaker Gerrish
Wear
Jaffry
Marston
Wiberd
Gilman
Smith
Davis
Tebbets
84 PROVINCE OF NEW HAMPSHIRE. [1716
Voted That Benjamin Acerman be Allowed Seven Pounds f) :
annum for the future out of the Treasury for his Attending the
Councel And Assembly
The House by order of the Ll Gov: Adjorned to the i of May
Next And Accordingly the house Is Adjorned to the first of
May
The house Mett According to Adjornment
Dam
Easman
Walton
Atkinson
Cap1 Davis sent to the U Gov : And Councel to Inform that the house
Were Mett^/. Returned that their Was Not a Councel And that they
Were Adjorned to the 2d Inst
The house by the Speaker Adjorned to the 2d Ins1 10 of Clock
May 2d The House Mett f sent
Mr 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 Mr Sam11 thing
The Committe ffor Runing the Line between the Massathusets &
this Province made their Return As on file
The Committe for Auditing the Accots of the Province Made their
Return 14 Accots
Adjorned to the 3 May Inst
May 3d 17 16 The House Mett. ^sent
Mr Speaker Gerrish Mr Tibbets Majr Smith
Cap1 Davis Coll° Walton Geo : Jaffrey
Majr Gilman Mr Wibird Mr Easman
Mr Mastin Mr Ware Atkinson
In Answer to a Vote of ye L* Govr & Councill about an Action of Ap-
peal Depending bet wen Maj1' Wm Vaughan & Ed Cate.
iyi6] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 85
Voted That as ye Appeal is to ye Govr & Councell & not to this
House We Doe not Concern therin —
*The Peticion of Hugh Bonfield Read and the Vote of ye * 1-165
L* Govr & Councell theron In Answer to which
Voted That the Request in Said Peticion be not Granted — nor
Said Vote of L* Gov1 & Councill Concured with
The House Adjourned to 3 a Clock P M —And Mett Accordingly
on Veiwing the Return of the Comitte for Auditeingthe Accotts of the
Province N° 10 Mr Sheriff Phipps Acco" being Perused Allowed As
on file £14 : 18 : — ■ And for the future No More then Six pound ^ :
Annum for his Expresing Lettrs Waiting on the Gov : and Councell
&c —
Adjorned to the 4th 10 of Clock
4th May 17 16 The House Mett According Present the Whole house
Except Mr Thing
Voted That ye L* Govr & Councill may further Continue ye Appeal
Depending between Majr Wm Vaughan Esqr & Edward Cate any
Law Usage or Custom to ye 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 & mr Tebbets Desent
Adjorned to the 5th Ins1 10 of Clock
5 May mett Present As Yesterday Except Major Smith
Voted that the L* Gov : & Councell be Allowed 5s/ f : Day Duer-
ing the setting of the General Assembly In Consideration of
Which they be Wholley At their own Expence
Messrs Waldron & Hunking of the Councel Attended With the
Cler : Came into the House Adjorned them to Munday the 14th
Ins*
* 14th May 1716 The House Mett Present * 1-167
Mr Speaker Gerrish Davis Atkinson
Marston Walton Smith
Thing Jaffrey Dam
Wiberd
Adjorned to the 15th 1716
15th May The House mett f sent
86 PROVINCE OF NEW HAMPSHIRE. [1716
Mr Speaker Geo : Jaffrey Coll0 Walton
Cap1 Davis Mr Easman Majr Smith
Mr Wibird Mr Thing Wire
Mr Dam Ephra Mastin Atkinson
Mr Tibbets
The Peticion of Coll0 Packer and Sundry the Inhabitants of ye Town
of Portsm0. Read, and in Answer to which
Voted That ye Peticion therin mentioned y* was formerly Prefered
be Considered of, and in order therto that Cap1 Richd Wibird Waite
on ye L1 Govr & Councill to Desire ye sd Peticion may be Sent
Down to this House or a Copy thereof.
The House Adjourned to 3 a Clock
* 1-168 * May 15th 1716 A Vote Sent to ye U Govr & Councill that
the Peticion of Coll° Packer &c Inhabitants of ye Town of
Portsm0 that was formerly present and not yet prefered to this
House be Layd before ye House —
For ye Preventing of any future Disturbance and Differance that
has or may Arise in ye Town of Portsm0 about ye Ministers Sal-
lery's in ye Town
Voted That the Subscribers to and Constant Hearers of ye Revrd
Mr Rogers at ye New Meeting House Be Impowered and Inabled
by an Act to Support him there in ye Ministry by an Equall Asses-
ment on them Selves And that they be Excused Paying any thing
towards ye Support of any Other Minister in ye sd Town untill
Named and Chosen by an Assembly of all ye frreeholders of ye
Town according to an Act of Gen1 Assembly of ye 11th May 1714
and that ye Hearers of Mr Emorson have ye same Power for Raise-
ing his Sallery among them Selves —
Coll : Smith Desents Against the Above Vote
The House Adjourned to ye 16th 10 a Clock
May 16th The House Mett fsent
Mr Speaker Mr Wibird Geo : Jaffrey
Coll0 Walton Mr Tibbets Atkinson
Mr Easman Wear Smith
Mr Dam Cap1 Davis Marston
* 1- 1 69 * Whearas We have Perused the State of ye Province By ye
Return of ye Committe for Auditing ye Publick Accots and
by ye Treasurers Memoriall find there will be but a Small Sum Left
in the Treasury after ye Debts are Pay'd &c.
Voted That ye fifteen hundred pounds now in the Treasury be Re-
1 71 6] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 87
peated for Payment of ye Prov : Debts allready approved of & Such
future Incident Charges as Shall be allowed of by ye Generall As-
sembly and out of ye Remaining Money two hundred pounds be
Lett to ye U Govern1" Coll0 Vaughan according to his Request and
ye Rest (if any be) to others all on the Like Security that the former
fifteen hundred pounds was Lett at. Messrs Waer and Davis a
Committe of this House for Leting out the money and takeing Se-
curity therefor — .
Messrs Jaffrey & Atkinson A Committe of this house to Draw up
An Act Accordingly
Voted That the Act for Excise be Continued for the Insueing
Year — v
A Vote Sent Up for Encourgm* of kiting Woolnes
Adjornedto the 17th 10 Clock
17 May Mett Present
Mr 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
Messr9 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 18th Ins1 10 of Clock
May 18th The House Mett ^sent
Mr Speaker Wibird Jaffrey
Cap1 Davis Dam Wiar
Mr Mastin Walton Atkinson
Tibbets
Voted Mr Richd 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. \_l7l&
them selves to Agree With A Publick Scool Mastr and to build or
hyer A Scool house As they shall think Convenint and Duering
his being in Sd Parrish they be Excused Paying to the free Schole
of the town —
^ Ordr of the house of Representatives May 18th 1716
A Vote came from ye L1 Govr & Councill for takeing of ye 5 pO
on ye Bills of this Province To which
Voted a Nonconcurrance/
The Peticion of Cap1 Jn° Pickerin & others. Read and Consid-
ered of upon which
Voted that it is a Scandelous Reflection and false Accusation
aganst ye Selectmen of ye Town of Portsmouth Who have fairly
Settled the Town Accots and Brought them into Publick Town
Meeting and there voted to ye Satisfaction of ye ffreholders of ye
Town as Appears by a Certificate from ye 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 Ministr by themselves they shall have Power within them-
selves to Agree with a Publick Schole Mastr and to Build or hyre a
Schole House as they shall think Conveniant and Dureing his Be-
ing in sd Parish they be Excused Paying to ye free Schole of ye
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 With
Adjorned to the 19th 10 of Clock
May 19th The Hous met presant
Mr Speaker Mastin Tibbets
Cap1 Davis Dam Jaffrey
Wibird Coll° Walton Ware
The House Sent for by ye Ll Gov1' & Councill and after Passing three
Acts, viz1 for continueing ye Payment of 1000^ to ye year 1720 yt
was to have bin Pay'd 1716 for Repeating fifteen hundred pounds for
Continueing Majr Vaughans Action with Ed Kate —
and then Dissolved by ye Ll Govern1"
* 1-1 73 * Prov New Hampr
Att A Genneral Assembly Caled by the Honble Geo :
Vaughan Esqr Caled the 21 August 1716
for Portsm0 Richd Gerrish Esqr
Geo : Jaffrey Esqr
Cap1 Richd Wiberd
1 7 1 6] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 89
Hampton
Joseph Smith Esqr
Peter Wear Esqr
New Castle
Mr Epha : Marston
Shad : Walton Esqr
Theo : Atkinson Esq1
Dover
James Davis Esqr
Mr Sam11 Tebbets
Exeter
Cap* John Gilman
L1 John Gillman
Newington
Streightham
Cap1 John Downing
Mr Wm Moor
Kingston
M* Sam11 Easman
Then Appeared
Gerrish Marston Downing
Jaffrey Walton Gilman
Wiberd Atkinson Gilman
Smith Davis Moor
Tebbets
1-174
Mark Hunkin & John Wentworth Esqrs Attended by the Cler : of
the Councell Were Sent by the L* Gov : And Qualifyed the Above
Members Who Were Sent for by the L* Gov : to the Councel Cham-
ber and ordered to Return to there own house And Choose A Speaker
Richd Gerrish Esqr Chosen Speaker
Cap* Richd Wiberd Cler :
The House being Sent for to the Councel Chamber and Presented
their Speaker —
The L1 Govrs Speech5 Delivered As *$ : Copia
Adjorned to the 22 Ins* nine of Clock
*The L* Gov: Speech * I_I75
Gentm I have had thoughts of Convening an Assembly Some time
Since & think there is a great Occasion for one, but ye harvest of
Hay & English Corn Season caused me for a while to deferr it not
being willing tolnjure aney nor especially ye Publick good —
The occasion of Disolveing ye last Assembly was verry distastefull
to me there is a prticular 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 Honr & Dignity thereof
Gent of the Low1 House —
The matter of Impost is what every Goverm1 in the world doth
butt we I have all ye Inclination Imaginable to give full Satisfaction
7
90 PROVINCE OF NEW HAMPSHIRE. \_l7l&
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 y1 you will putt trade and Customs on yl foot wch
is Just and may Lessen the publick Taxes —
Gent"1 I would have an act past for ye Treasu1' to State the ac-
compts of the Province yl 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 ye Pro : ys 10 years by those two branches of
Excies & Impost wl ye mony is & how Imployed that we may Know
our Condition
I hope you will have regard to the State of the Pro : in gen11 y* the
Honr 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 Assesmts within every town in this Pro : where ye 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
Honr of governm* that an act be made Obleigeing all town Officers to
their duty on oath particularly all Assesmts and that A town meet-
ing be Called aney 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 Honerably Supportd, 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 Sd 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 Powdr Hous has bin
brocken open and three locks forced I hope you will be
gratefull to M1' William Walles who has receved and forwarded Your
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 wth all Imagin-
able disptch & y* no Consideration may retard your good purposes
Aug1 21 17 16 Geo Vaughan
iyi6] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 91
Augst 22d The House mett according to Adjournment ^sent
Mr Speaker Mr Wm Moore Mr Ephra Mastin
Majr Smith Coll : Walton Mr Sam1 Tibbets
Cap* Davis Mr Atkinson Geo : Jaffrey
Cap1 Downing Mr Jn° Gilman Richd Wibird
Cap* Jn° Gilman
*The Orders of the House Read and * i-i 78
Voted to be Observed for the future
Sam11 Easman Appearing for Kingstown According to Return Was
Sent for to the Councel Chamber And Qualifyed
Adjorned for two hours
The Hous mett According to Adjornment Augst ye 22d 1716
Mr Speaker Cap* John Gillman Cor11 Sha Walton
Cor11 Smith Cap* John Downing The0 Atkinson Esqr
Cap* Davis Mr Ephr Mastin Petr Wear Esqr
Mr Wm More Mr Sam1 Tebbits Mr Sam11 Easman
Mr John Gillman Mr Geo : Gaffrey Richd 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 Chambr & Qualifyd
* The House adjourned to the 23d 10 a Clock Ante Meridiem * 1-179
The Hous mett According to Adjornment & ^rsent
Mr Speaker Cap* John Gillman Cor11 Shad Walton
Cor11 Smith Cap* John Downing The0 Atkinson
Cap* Davis Mr Epha Mastin Petr Wear Esqr
Mr Wm More Mr Sam11 Tibbts Mr Sam11 Easman
Mr John Gillman Mr George Jaffrey Richd Wibird
In Answer to His Honrs Spech
Wee are Senceable of the Duty Incumbant on this House to Provide
for Defraying the Publick Charges of ye Province & Support the
Honr & 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 ^ the Journall 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 Genr11 Assembly but all Accornp*5 Since Such Vote we
92 PROVINCE OF NEW HAMPSHIRE. [l7l&
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
* 1-1S0 * When the Whole is to be Called in — The Act Allready
in Being about Swearing Town officers we are of Opinion is
sufficiant, & as to Calling towne Meetings We think the Law has made
sufficiant Provision therfor 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
Ministr to Pay towards the Support of ye Ministry in the Town or
Parish thay Sprang from or to the Neighbouring Town after Six
months Such Neglect
^r Ordr of ye House of Representatives —
Adjorned for two Houres
Returned According to Adjornm* Present the Whole house
The House Adjorned to ye 24th 10 of ye Clock
The House mett According to Adjornement present
Mr Speaker Mr Gillman Wear
Smith Cap1 Gillman Easman
Davis Mastin Wibird
Downing Tibbits Walton
More Jaffrey Atkinson
* 1-181 *Augst 24th A Vote Sent Down for an Act of Tunnage
from ye L* Gov1' & Councill — to which
Voted a Non Concurrance —
A Vote Sent Down for an Act of Impost
Voted Non Concurrance —
Wheras it was Voted ye 7th of Apr11 that the Treasur Supply for Re-
ception of Coll° Burgis the then Expectd Govr & then made Provi-
sion, yrfor Since which it is Reported that Coll" Shute is to Come
Govr in ye Stead of Sd Coll : Burges —
Voted That Mr Treasure1' Penhallow Doe Supply for the Reception
of Sd Coll11 Shute Agreable to Sd Vote of the 7th Apr11 and that
money be Reserved in the Treasury therfor Viz One Hundred
Pounds —
Adjorned for two houres —
The House Returd According to Adjornment Present the Whole
house —
iyi6] 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 ye Committe that Revised ye Laws
* The House Adjorned to ye 25th 9 of ye Clock * 1-182
Augst 25 The House Mett According to Adjornement Present
Mr Speaker Easman Tibbits
Smith Downing Mastin
Moore Davis N Wibird
Cap1 Gillman Jaffrey Walton
Gillman Wear Atkinson
Proposition being made by Collos Waldron & Hunking from ye Coun-
cill abl giveing Eighty pounds (being ye Govrs halfe year's sallery Ac-
cording to the former Establishment) unto ye U Govr Coll0 Vaughan
which Being put to vote and
Voted The Contrary —
Wheras the Bonds Given for Mony Lent are Reposed in the Hands of
Richd Gerrish Esqr Speaker of this House and Among them is a Bond
of his One
Voted that the Sd Gerrishes Bond be put into the hands of Marke
Hunking Esq1" and that the Bonds for the Money Lately Lent be
pute into the Hands of the Sd Richd Gerrish Esqr
Aug1 25th 1716 ^ Ordrye Howse —
* The House Adjorned for two howers * 1— 183
Mett According to Adjornment Present
Mr Speaker Wiberd Moore
Walton Atkinson Easman
Downing Gilman Ware
Jaffrey Gilman
The House Sent for up to ye U Gov1' & Councill And Prorouged by
the L1 Govr to ye 12th Day of Sept1"
12 Sep* Mett According to Prorogation Present
Mr Speaker R : Wiberd Cap1 Gilman
Cap* Davis Geo : Jaffrey L1 Gilman
Coll Walton Coll Smith Mr Moor
T : Atkinson Mr Marston Cap1 Downing
* The House Adjorned to ye 13th Sep1" 10 of the Clock * 1-184
94 PROVINXE OF NEW HAMPSHIRE. [l 716
The House mett According to Adjornment Present
Speaker Mastin Davis
Smith
More
Walton
U Gillman
Jaffrey
Atkinson
Gillman
Downing
Wibird
A Remonstrance from ye Sherife Phipps about the Insufficiancy of ye
Prison was sent Down from ye L* Govr & Councill
In Answer to which to ye Remonstrance of Mr Shrife Phipps ab1 ye
Prisson —
This House Has allready taken Care for the Removall of ye 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 ye House
The Peticion of Timothy Davis ab* ye Act of Bankrupts Read and
Not Granted —
The House Adjorned for two Howers
* 1-185 * The House mett According to Adjorment Present as in
ye Morning
A Vote sent Down from ye Ll Govr & Councill for Swearing all Town
Officers that shall for ye future Enter upon yr offices — to which in
this House
Voted a Concurrance.
Voted that ye Bounds of Each Town & Parrish within this Prov
shall be Run & Bounds Renewed once in three Years, and that the
Propriatrs of all unfenced Lands that are in Comon shall run ye
Lines once in two years the Same to be Done by ye Lot Layers of
Each Town or Parrish under Penalty, and the Party Refusing or
Neglecting that forfeit twenty shilings for Every Neglect —
^ ordr of the Hows
The House Adjorned to ye 14th 10 of the Clock
Mett According to Adjornment Preseant
Speaker Gillman Wibird
Smith U- Gillman Jaffrey
Davis Wear Atkinson
Walton Downing More
Mastin
The House Adjorned for two howers
Mett According to Adjornment
I?l6] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 95
*The House Adjornecl to ye 15th 10 of ye Clock * 1-186
Septr 15th Mett According to Adjornment ^sent
Speaker U Gillman Jaffrey
Wear Downing Wibird
Gillman More Maston
A Vote Sent Down from ye U Govr & Coimcill ab* ye Reception of
Coll0 Shute agreable to ye former vote Respecting Coll° Burgis Ap-
poynting ye same Gentlemen to Congratulate Coll0 Shute that were
Desired to waite on Coll° Burgisson his Arrival to which
Voted a Concurrance. —
The House having Considered of ye Message Delivered by Mr Treas-
urer Penhallow & Colln Hunking the Same being of Great Moment
and Consequence and many of the Membrs Absent
Voted that the House Doe not at presant proceed theron but that
it be suspended to ye Next Session ^ ordr of the Howse
Mr Treasurer Penhallow Came Down and ^ Ordr of ye U Govr Ad-
187
journed this House
to ye 27th Ins1
* Septr ye 27th
presant
TheH
ouse mett According to Adjorneme
Mr Speaker
Wear
Gillman
U Gillman
Walton More
Jaffrey Smith
Maston Tibbits
Wibird Easman
The House Adjorned to ye 28th ten in ye morning
The House Mett According to Adjornment preseant
Speaker Walton Smith
Wear
Jaffrey
Tibbits
Gillman
Wibird
Easman
L* Gillman
Maston
More
Downing
The House Adjorned to two Howers
The House met According to Adjornment ^r as in the morning.
Voted That the Law for Regulateing of Fe's be Printed with ye
Other Laws —
* Where as the Courts have been Kept formerly at the Sev- * 1-1 88
erall Towns within this Province wch must needs be A ben-
ifitt to ye Towns where thay are Holden —
96 PROVINCE OF NEW HAMPSHIRE. \M^7
Voted That for the future the Courts be Kept at the times and days
by Law Appointed And at the Severall Towns as ffolloweth Viz
At Portsmouth the two Courts of Governer & Councill to sayr
Appeals as also one Superer Court of Judicuture in ye Month of
February and the Generall Quartr Sessions of the peace with the
Infeariour Court, of Commonpleas following the Said Sessions of
peace to be Kept in the Month of Decembr Annually —
att Hampton one Superiour Court in ye Month of August the
Generall Quarter Sessions of pc & Inferiour Court following in the
Month of Sepr Annualey —
att Dover the Genourall Quarter Sessions of ye peas wth the Fol-
lowing Inferiour Court above Said in the Month of June Annualey
att Exeter the Generall Quartr Sessions of the Peace & ye following
Inferiour Court of Common pleas in the Month of March Yearly —
^r Ordr of the House of Representatives
Sepr28th 1716
Desents from this Vote
Richd Gerish Richd Wibird
Geo : Jaffrey Jn° Downing
* 1-189 *The House Adjorne;! to ye 29th ten of the Clock
Mett According to Adjornment ^9 sent
Mr Speaker L1 Gillman Jaffrey
Downing Easman Wibird
Moore Smith Walton
Gillman Marston Wear
Tebbits
The House adjorned for two Howers
The House Mett According to Adjorm4 ^r as Above —
Mr Treasurer Penhallow Came Downe and Cap* Hunkin ^r Ordr of
the L1 Goven Adjorned this Hous to ye 24th of Octobr Next
* 1-190 * 1 716/7 January 10 Pro : New Hampshr
at a Generall assembly Called by his Excellency Sam11 Shoot
Esqr Cap1 Generall & Govern1" in chieff of sd province the members
Chosen to Represent the severall Towns Were.
Portsm0 Col0 John Plasteed Esqr
Cap1 Georg Walker
Corn1 Ephm Dennet
Hampton L1 Col° Joseph Smith
Majr Peter Weare
Mr Ephm Marston
1 717] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 97
Dover Cap1 Janes Davise
Mr Samuell Tibbits
Exeter Cap1 John Gillman
L1 John Gillman
New Castle Cap1 Jotham odihorn
Cap1 Hugh Read
Newington mr John Dam
Kingstown mr Sam11 Eastman
Stratham Cap1 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-
sentatives Returned to ther house made Choyce of Col0 John Plas-
teed Esqr Speacker & according to his Excellencys directions pre-
sented him : Who was well accepted & ordered to Withdraw
& settell ye house Joseph Smith chosen Cler * the assembly * 1-191
Booke & papers sent for to Cap1 Richard Wibard the late
Clerk who delivered them to the Speaker —
the house is adjurned to Morrow the Eleventh Instant 10 of ye
Clocke
the house met accordingly present
Mr Speaker Marston odihorn
Walker
Davis
Read
Dennet
Tibbits
Eastman
Smith
Gillman
Dam
Wear
Gillman
Wiggin
Voted : that this house shall be governd by the preceeding Laws &
orders befor mentioned
the house adjurned untill three of ye Clock aternoon
the house mett accordingly
r Speaker
Marston
Odihorn
Walker
Davise
Read
Dennett
Tibbits
Eastman
Smith
Gillman
Wigins
Wear
Gillman
Dam .
the house is ajurned untill to morrow nine of the Clock —
12 the house met according present
Mr Speaker Davise Gillman
Walker Tibbits odihorn
98
PROVINCE OF NEW HAMPSHIRE.
\M^7
Smith
Read
Wear
Dehnitt
Marston
Gillman
Eastman
Dam —
Wigin
* I- 1 92 * 1 7 16/7 the house is adjurned to munday the fourteenth
day of this Instant January teen of ye Clock in ye forenoon
January 14 : the house mett according to adjurnment present
Mr 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
Mr Speaker Wear
marston
Read Tibbits
Dam
odihorn Walker
Gillman
Eastman Dennit
Gillman
Davise Smith
Wigins
the house is adjurned untill tomorrow nine of the Clock(
ing
15 the house meet according to adjurnment present
mr Speaker Davise
Smith
Wigins Tibbits
Weare
Read odihorn
Marston
Dam Walker
Gillman
Eastman Dennitt
Gillman
noone according
to adjurn-
adjurned to two of ye Clocke afternoone
the whole House mett in the after
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 hogshd 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 yc Lickers for Leakage and to continue for one
year from the first day of March next 17167 —
1 71 7] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 99
Read three times in the house of Representetives & past. & sent up
for Concurrance by Mr Marston
January 15 : 171 6/7 Cap1 Richard Gearrish Esqr delivered to the
Representitives the bonds for fifteen hundred pounds from severall
persons for muney Lent being nine in Number & a Recipt Given him
by the Clerke of the Representitives the said bonds for ye 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
Mr Speaker odihorn marston
Eastman Dennitt Gillman
Davise Walker Gillman
Tibbits Smith Wigin
Read Weare Dam
the house adjurned untill two of ye Clock afternoon
the house mett accordingly present
Mr 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 hhoggd 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 — allowing
one twelfth part for Leakags of ye Liquer Read three times in the
house of Representitives & passed : And sent up for Concurance by
mr Ephm Marston —
Joseph Smith Cler
the house is adjurned untill to morrow :91a Clocke
17/ the house mett according to adjurnment present
mr Speaker Eastman Smith
Gillman Dam Wear
Gillman Wigins Marston
Read Walker Davise
odihorn Dennitt Tibbits
100 PROVINCE OF NEW HAMPSHIRE. \_l7l7
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
1 8 the house met according to adjurnment present
Mr Speaker Read Smith
Gillman odihorne Wear
Gillman Dam Marston
Eastman Walker Davise
Wigins Dennitt Tibbts
* i— 195 * the house is adjurned until! 3 : of ye Clocke afternoon
the whole house mett according to adjurnment
the hous adjund untill nine in ye morn
19 : the house mett according to adjurnment present
mr Speaker marston Wigins
Walker Davise Read
Dennitt Tippits cdihorn
Smith C Gillman Dam
Wear Gillman Eastman
The house adjurned untill munday 21 : day twelve of ye Clocke in the
morning
21 the house mett according to adjurnment present
mr Speaker Marston Bead
Cap1 Walke Davise odihorn
mr Dennitt Tibbits Dam
Smith L* Gillman Eastman
Wear Wigins
Mr Speaker Col0 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
mr Speaker plasteed marston Read
Walker Davise odiorn
Denitt Tibbits Dam
Smith L1 Gillman Eastman
Wear Wigine Cap1 Gillman
I/I/] JOURNAL OF THE HOUSE OF REPRESENTATIVES. IOI
*the house adjurned untill two of ye Clocke after noone * 1-196
the house mett according to adjurnment presen —
mr Speaker Eastman Weare
Cap1 Gillman Wigin Marston
L1 Gillman Walker Davise
Dam Dennitt tibbits
Read Smith
The house is adjurned untill to morrow nine of the Clocke in the
morning —
Jan17 23 : the house mett according to adjurnment present
mr Speaker marston Wigens
Walker Davise Eastman
Dennitt Tibbits Read
Smith Cap1 Gillman odiorn
Wear L1 Gillman Dam
the house adjurned for two hours afternoone
the house mett according to adjurnment after noone present
mr Speaker marston Wigens
Walker Davise Eastman
Dennit Tibbits Read
Smith Gillman odiorn
Wear Gillman Dam
The house adjurned untill to morrow nine of the Clocke
24 the house mett according to adjurnment present
Mr 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— 197
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 ye Clocke morning
102 PROVINCE OF NEW HAMPSHIRE. [l7l7
25:
mr
PROVINCE OF NEW
HAMPSHIRE.
the house mett according to adjurnment
present
' Speaker
Mars ton
Wigins
Walker
Davise
Eastman
Dennitt
Tibbitts
Dam
Smith
Gillman
odiorn
Wear
Gillman
the house adjurned for two hours
the house mett according to adjurnment all present but Cap1 Read
the house adjorned untill to morrow nine of the Clocke
26 : the house mett according to adjurnment present
mr Speaker Marston Eastman
C : Walker Davise Dame
Dennitt Tibbits odiorn
Smith Gillman Wigins
Weare Gillman
the house is adjurned untill Monday 28 Instant at Eleven of ye Clock
in the morn
* 1-198 * January 28: 1716/7 the house mett according to adjur-
ment present
mr Speaker mr Marston mr Eastman
Cap1 Walker Cap1 Davise mr Dam
Cap1 Dennitt mr Tippits mr Wiggin
Col0 Smith Cap1 Gillman Cap1 Read
Majr Wear L1 Gillman Cap1 odiord
Voted that pray his Excellency the Govern1" Coll° Shute Do Lay the
Rcmonsterence 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 : 171 6/7 the house of Representative sent for up by the
Goverr Shut & dissolved
Cap1 Davise Sam11 Tibbits & John Dam tooke there deventers untill
this day being January 28 : 1 7 1 6/7 Cap1 Walker hath taken out his
deventer for ye time he hath served being 18 days Aded 28 day of
time 1 71 7 —
171 7] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 103
*The 17 of April 171 7 according to adjurnment mett * 1-199
mr John Tucke Cap1 Davise Esqr Cap1 Joshua Pearce
Cap* John Gilman mr John Dam Joseph Smith
L1 John Gilman Col° thos Packer Majr Peter Weare
adjurned untill the Tenth of may following mett —
Col° Packer peter Weare Sam11 Tibbits
Ca : Joshua pearce John Tucke Samu1 Eastman
mr Dennitt L1 John Gilman Hugh Read
John Dam Andrew Wigins Joham odihorn
Joseph Smith James davise
Ajurned untill the 13th of may^following then mett
Col° Packer John Tucke James Davise
Joshua Pearce Cap1 John Gillman Samuell tibbits
Ephm Dennitt L1 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 ye 14 In-
stant
May 14: the house met according to adjurnment present
Coll° packer Gillman tibbets
Denitt Gillman odihorn
Smith Wigin Read
Wear Eastman Dam
Tucke Davise
the house adjurned to two a Cocke after noone
*I7I7-Mayji4 Resolved that the Gentellmen Who gave * 1-200
bonds for : 1500 : be sent for to Know Why they Doe not
Comply with their Bonds. Cap1 Wintworth & mr George Jeflry
appeared & Said if all the Rest paid that gave bonds they would
pay for their money was Redy Cap1 Gearrish answered he had not
the money but desired Longer time mr Penhallow said to ye same
purpose
the whole house met in the afternoon Except Cap1 pearce
the house adjurned untill to morrow Eight a Clock
May 15 : the house mett according to adjurnment present
mr Speaker Tucke Dam
Cap1 Pierce
Gillman
Wigin
Dennit
Gillman
Eastman
Smith
Davise
odiorn
Wear
Tibbits
104 PROVINXE OF NEW HAMPSHIRE. [i; 'If
the house met in the after noon according to adjurnment all present
all but Cap1 Hugh Read
May 15 : 171 7 ordered that Col° Geore Vaughns bond for 200^ &
Cap1 Wibars bond for 50 : pound now deliverd in the hands of Col°
Thomas Packer Speaker : be by him kept untill farther order of
this house Voted &c Joseph Smith Cler
Receved ye 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 Ltt Coll :
Joseph Smith & mr Jn° Dam who had liberty from ye house
Wheras most of ye Gentlemen who took Money upon Interest of ye
Province in Octr 1 714 as appears by their several Bonds Duly Exe-
cutd wch Bonds terminated in Octr 1716 past & ye Several Gentlemen
as above (through ye Scarcity of Money being unprovidd to Comply
wth their obligations) desiring longer time — Votd y1 ye Severall Gen-
tlemen have ye liberty of paying in their Severall Sums : to ye house
of Representitives att any time between this & octr wch will be in
ye year 171 8 Providd they give New Bonds payable wth Interest after
ye Rate of Six ^ Cent : per Annum to ye Speaker of this house for
time being & y1 they pay in ye Same in Bills of Crd of this Province
already Emitted & that ye New Bonds Comence from ye 27 octr 1716
Sent up & Concurd wth by ye uper house —
this house Sent for mr Treasur1* Penhallow to be informd relating to
ye Interest of ye 1500 pound — who declard y1 he had not Receivd
one farthing of sd Interest : but att ye Same time gave his word of
Honr to his house for ye two first years Interest of sd 1500 pounds &
y1 the Province Should have Crd accordingly —
the house adjound to 3 a clock after Noon —
the house mett according to adjournment att 3 after Noon Viz"
mr Speakr Coll Packer Majr Wier Cap* Jas Davis
Cap1 Jon Gillman Mr Jnc Tuck mr Sam11 Tibits
L" Jn° Gillman Cap1 Andr Wigins mr Ephr Denett
Mr Sam11 Easman Cap1 Jothm Odiorn Josh — Peirce
Cap1 Hugh Read
the house adjourned from five ye same day to Seven ye Same Even-
ing—
the house mett att Seven ye Same Evening according to Adjourn-
ment Present mr Speaker &ct as above —
the house ac!journd til seven aclock tomorovv Morng
1 71 7] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 1 05
17 May ye house mett according to adjournment: Present mr
Speaker Packer Majr Wier Capt Jo11 Gillman Ltt Jon Gillman mr
Sam11 Easman mr Jon Tuck Cap1 Andr Wiggins Cap1 Joth : Odiorn
Cap1 James Davis mr Sam1 Tibbit Josh Peirce Jo11 Dam —
* 17 May Votd In Councill * 1-202
That ye Comitte appointd to Revise ye Laws of ye Prove
&ct : be Sam11 Penhallow & Theor Atkinson Esqrs from this house
& y1 ye Sherife & Clark attend on sd Comitte
May 16 : 1717 Richd Waldron Clr Con
Votd y1 Ltt Coll Smith Coll Packer & Cap1 Jas Davis be a Comitte
to joyne ye uper house for y^ends above sd
17 May 1 71 7 Josh Peirce Clr f Tempr
the house adjournd til three a clock
the house Mett according to adjournment att 3 a Clock after noon —
the house having prepared a Bill for ye Raising fifteen thousd pounds
Bils of Crd upon a fund of land Estates of ys Province : & Each
Town within ys Province to have their Proportion according to ye last
Province tax — Sent up by Majr Wier & Cap1 Jon Gillman to ye uper
house before voted
18 May voted & sent up by Coll Jos Smith for Concurance
Votd y* ye Act for Excise be Continued for ye year Insuing 16 may
1 71 7 — & y* it be sent up for Concurence —
Josh Peirce Clr ^ Tempr
Votd That Cap1 Hugh Read & Coll Jon Plaistecl Esqr be Chosen a
Comitte by this house to joyne the Comitte of ye uper house for
farming sd Excise
Concured wth by ye uper house — Josh Peirce Clr &ct
Votd That Coll John Plaisted L" Coll Joseph Smith & Cap1 Hugh
Read be a Comitte from this house to joyne wth 2 of ye uper house
to Receive & adjust ye Province Debts in order to lay them before
ye Assembly for Allowance — j
ordered to be sent up by Majr Wier for Concurence
Votd That Majr Wier Cap1 Jas Davis & Josh Peirce be a Comitte
from this house to Joyne wth ye Comitte of ye uper house ; to draw
up ye act for ye Bill of fifteen thousd Pounds bils of Crd to be Dis-
tributd by a General Comitte to be Chosen of both houses to distri-
bute ye Same to each Town in this Province in Proportion accord-
ing to ye last Province Tax
May: 18: 1717 orderd to be sent up by mr Jon Tuck for Concur-
ance
106 PROVINCE OF NEW HAMPSHIRE. [i 71 7
past by the house of Representatives Joseph Smith Cler
the house adjournd til Seven a clock tomorow Morning
* 1-203 * 18 May the house Met according to adjournment Present
mr Speaker Packer Tucke odiorn
Pearce Gillman Read
Dennit Gillman Wigin
Smith Davise Dam
Weare Tibbets Eastman
Votd That ye Treasur be Desird forthwith to lay before this house
an Exact account of his Majsts Stores of Powder & other Amuni-
tion of Warr —
May 1 8-1 71 7 Read & past by ye house of Representitives
Joseph Smith Clerk
Wheras it is Evident yl ye growing Charge of this Province is such a
burthen to ye Subjects as makes it very greivous
Votd yl his Excellency ye Govern1" shal be paid out of ye Publick
treasury of this Province for ye defraying his Entertainment & Ex-
pence thirty Shils fJ Die : for ye Ensuing year During ye Sessions
of General assembly from time to time after ye first day of June
next —
May 18 1 71 7 Red & past in ye 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 ye 15000 pounds of Creaditt to be Printed & Signed
(viz)
Col° thomas Packer
Joseph Smith
Cap1 John Gillman
the same day chosen Majr Wear : Capt Davise & Capt : pearce a Com-
mittee to Joyn with the Committee of ye uper house to draw up the
Act for printing — 1 5000
18 the house adjurned untill 3 a clocke afternoon
the house met in the afternoon according to adjurn*
the house adjurned untill munday next the 20 Instant at 8 a clock in
ye morning
* 1-204 * May : 20 : 1 71 7 : being munday the house mett according
toadjurnment present
171 7] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 107
mr Speaker Majr Wear Mr Dam
Cap* Pearce Cap* Davise Capr Wigins
mr Dennitt mr Tibbits Capt : Gillman
Jos : Smith mr ocliorn L* Gilman
John Tucke Capt : Read
May 20 : 1 71 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 Bouse & proroged them untill the 24
day of September next
May 21*: 1717 Capt John Gillman & L* John Gillman tooke out
their deventers untill this day
July 27 : 1 71 7 : Capt Andrew Wiggin tooke out his deventer untill
this clay —
The house mett according to prorogation September 24 : 1717 pres-
ent
mr Speaker tho Packer Cap* Wigins majr Wear
Cap* John Gillman mr Dambe mr Tuck
Cap* John Gillman Cap* Perce Joseph Smith
mr Dennit
The 24 of Sep* : 171 7 : the following deventars were taken out being
all then due to any body (viz)
mr John plasted mr Ephm Marston mr John Dam
mr Ephm Dennit Majr Weare Cap* James Davise
Coll Tho packer mr John Tucke mr Tibbets
Cap* : pearce Cap* Odion mr Eastman
mr Joseph Smith Cap* Read
* Sep* : 24 : 171 7 the house sent for up by the L* Govern1" * 1-205
Vaughn & dissolved in his majesty s Name
Jos : Smith Cler
Sep*: 24 : 1717 : the Deventurs on the bottom of ye Leaf on ye fore-
going Side Were toke out being all then due (viz)
Col0 John Plasteed Capt : Hugh Read Majr Peter Weare
Mr Ephm Dennitt Cap* James Davise mr John Tucke
Col0 Tho : Packers mr John Dam mr Joseph Smith
Cap* Joshua Peirce Cap* James Davise mr Ephm Marston
Cap* Jotham Odiorn mr Samuell Tibbits mr Samuell Eastman
taken out from me
Joseph Smith Cler
108 PROVINCE OF NEW HAMPSHIRE. \.l7l7
171 7 2 : Octr ye House mett this day by his Excellencys prorogattion
Present —
mr Speak1" Packer Joth : Odorn \ Cap1 Read
Coll Davis And1" Wiggins \ Esqrs MrEph : Dennett
Cap1 Tibbits Jo11 Gillman ) Josh Peirce
mr Jo11 Damm Cap1 Jon Gillman
The house Adjournd til 2 afternoon —
The house according to adjourn m" mett at time apointd
Voted Josh : Peirce Clark to ye Assembly —
The house adjourned til ten a clock tomorrow morning —
3 Oct1" ye house mett according to adjournment Present
mr Speaker "^ Coll Davis Josh Peirce
Cap1 Odiorn | -^ rs Mr Jo11 Damm Sam11 Easman Esqr
Cap1 Gillman [ q Cap1 Jo11 Gillman Mr Eph : Dennett
Cap1 Wigins J Cap1 Sam11 Tibbits
* 1-206 * 1717 3 Oct1" The house adjournd for two hours —
The house mett according to adjournment —
Whereas Coll Joseph Smith Majr Petr Ware & mr Jo11 Tuck are Dis-
missd this house —
Votd That his Excellency be Requestd to Issue forth his Precept to
Supply ye Vacancy — Josh : Peirce Clers
The house adjournd till Munday Next ten a Clock
7 Oct1" The house Mett according to adjournm1 Present
Mr Speaker ^ mr Eph Dennett
Cap1 Jo11 Gillman | Cap1 Jo11 Gilman
Joth Odiorn } Esqrs Josh : Peirce
Sam11 Easman ! Coll: Davis
And1" Wiggin J
Itt appearing to this Board that a great many inconveniencyes may
happen unto Several Creditors on ye account of ye Law in Relation
to ye statute of Bankrupt that the sd act be repaid in Council &
henceforward be of no Effect Richd Waldron Cler : Con11
7 Oct 1 71 7 Red three times in ye house of Representatives & Voted
a Concurrance Josh Peirce Cler to ye house —
the house adjornd till tomorrow nine a Clock
8 Oct the house mett at ye houre according to adjournm" Present
mr Speakr — Coll Davis Cap1 Odiorn Cap1 Jo11 Gillman Cap1 andr
1 71 7] JOURNAL OF THE HOUSE OF REPRESENTATIVES. IO9
Wiggins mr Eastman Capt Jo11 Gillman Josh Peirce Eph Dennett
Mr Jon Damm
& orderd to Enter his Excelency's speach wch is as followeth
Gentm I canot omitt att ye Opening this Sessions to take notice
of ye unwarrantable & Illegal Proceedings of L" Govern1 Vaughan —
In ye Commission he Receivd from his Majst King George
he is Comandd to observe all such * Orders wch from time to * 1-207
time he shal Receive from ye King or my Selfe & al persons
are Requird to take Notice of ye Same —
Some Months since when god ye Wise Disposer of ye Ellements
was Pleasd to afflict us wth a gre^t Drought ; I sent orders to ye L"
Gover to Proclaime a fast to Implore Gods favour & yt he would be
Pleasd in his great Mercy to water ye parched Earth wth Refreshing
Showers — wch orders he Refusd to obey & there was no fast in this
Province —
About ye 16 Sep* I wrote to ye L" Govr & orderd him to Prorogue
ye Assembly : wch was orderd to meet on ye 24 Sep1 to ye 2 Octr : in-
stead of ^forming w* I had Directd he has Pretendd to Dissolve you
— so yl has not only disobeyd ye Kings Commds & mine : but would
have imposd on you who are ye Representatives of this Province : by
Assuming a powr to himselfe wch he is not invest1 wth when I am in
America : nor can I believe any Person can be so void of sence or
Reason as to Imagine : y1 ye King made me Govr of New hampshr
only for ye Six weeks in a year yt I am hear as ye L" Govr would have
you believe —
Give me Leave therefore Gen*1 to observe to you wt Confusions
would attend this Province if w1 this Gen11 has been aiming att was
Practicable —
Its very Possible y* it might so happen y* not only a Govr & L"
Govr might Disagree : but also y* ye Eldest Counsel1" might jarr wth
both of them wl then must be ye Consequence why truly if an
Assembly was Chosen wch ye Govr thought to be for his Majsts Service
& also of this Province if ye Lu Gov1' 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 approvd of by ye L" Govr & not
by ye Govr He then would Dissolve them : if a third should be
Chosen wch ye Govr & Ltt Govr Did approve of & ye Eldest Council'
did not : when we were both out of ye Province he would Dissolve
yt also : — so yt this Province would be like a Monstr wth three heads
and three hands ; each Endeavouring in their turns to undoe wl ye
other had Done there could be nothing then but Elections & Disso-
lutions ye King5 Commds would Remaine unknown & unexecuted : &
al ye Affairs of ye Province Neglectd & at a dead Stand —
I 10 PROVINCE OF NEW HAMPSHIRE. \_l7l7
1 do not therefore in ye least doubt yl Since you are mett y* you
will Shew your Resentments to these Mischeivous proceedings & put
a Stop to them wch tend to nothing but to Inflame ye people &
would end in Nothing but the utter Ruine & Destruction of this
Province —
* 1-208 * I am Glad I can Inform e you yl Since I saw you Last
I have had an Interview wth ye Eastern Indians & have
brought them into Such measurs as are for ye Hon1' of my Masr King
George & y* tend to ye quiet & peace of these Provinces : wch are ye
two principle things I aime att in al my Transactions — after ye
treaty was Concludd & ye former articles of peace & some New ones
Signd & Ratyfied : ye Indians Complaind to me about ye English-
men s fowling upon floats & desird y1 where either of ye Provinces had
any new Setlements : y* Persons might be appoint*1 there to furnish
them wth al Necessaryes at a Moderate Rate : I Promisd them yl I
would Endeav1 to redress their Greivances & to Assist them : wch 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 wt shal be
Necessary & yl you wil against our Meeting in ye Spring when we
shal have more time to sit think of Some measures to promote Naval
Stores wch will be very acceptable to His Majst & very beneficial to
this Province
2 Oct1' 1 71 7 Sam11 Shute
The house Chose a Committe to Draw an answer to his Excel-
lency5 Speach wch is as followeth Viz* —
■vr V i r \ May it Please your Excellency
We have considerd your Excellency5 Speach and Imbrace this op-
pertunity to Resent ye Illegal unwarrantable & imprudent Manage-
ment of ye Ln Govr in his late practices wch so very much tend to ye
destruction of Governm* & Confusion & Ruine of this Province we
are Sencible by yr Excellencys Comiss" & Instructions y1 none else
is investd wth powr of Govcrnm" but yr selfe while in America — &
by ye L" Govrs Comission we observe yl he is only to performe such
Instructions & orders as he shal receive from ye King or from his
Comandr in Cheife for ye time being — & for him to act wth 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 wch may be ye worst of evils — that
such proceedings may be preventd for ye future we pray
* 1-209 * care may be taken; yl Loyalty peace & Unity may be
Preservd & Continued —
1717] JOURNAL OF THE HOUSE OF REPRESENTATIVES. Ill
We Rejoyce yr Excellency5 Intervieu wth ye Eastern Indians was
Attendd wth so much sucess : & are ready & willing to fall in wth any
measurs yt ye good agreement wth them may be Continued & any
Grievances may be Redressed —
We observe ye Affairs of your other Governm" will quickly call
you hence — wherefore we shal attend ye present buisnes wth al appli-
cation & Diligence — yl ye public affairs y1 canot now be finishd may
be prepared against ye Next sessions —
7 Octr 1 71 7 Thos Packer Speaker —
In Council
Votd That Mark H unking Jon Wentworth & Geo Jaffrey Esqrs
be of a Committe from this Board to joyn wth such as shal be
Chosen by ye house of Representatives to Receive ye Claims &
audit ye acctts Due from this Prove R Waldron Cler Con —
8 Octr 1717
Red 3 times in ye house of Representatives & voted a Concur-
rance —
The house adjorned for two hours —
The house Mett accordingly & mr Sam11 Tibbitt wth ym —
Votd yt Coll James Davis Jon Gilman Esqr & Josh Peirce be a Com-
mitte from this house to Joyne ye Committe of ye uper house for
ye audit of ye Province Claims in order to be laid before ye Assem-
bly for allowance Josh Peirce Cler to ye Assent
In Councill
Votd that there be an Act past against guning in floats in this Prove
yt ye Powdr act be Revived — yt there be an act past about Tur-
pentine & y* ye laws be Revised & that ye Committe of this house
to joyne wth such as Shal be Chosen by ye house of Representa-
tives for Preparing ye Bils accordingly be Sam11 Penhallow & Richd
Wibird Esqrs Richd Waldron Cler Con :
8 Oct : 1717
read 3 times & Voted a concurrance in al Excepting guning in
floats — Josh Peirce Cler ye Assembly
*In Council * 1-2 10
Votd That ye Act Establishing ye Court of Appeals Consisting of
ye Govr & Coun11 be repeal & y1 ye time for sd Courts siting be ap-
point ye 2d tuesday of octr instead of Novr & ye 2d Tuesday of May
instead of ap1 & yt ye Committe above Mentiond prepare a Bill ac-
cordingly — Richd Waldron Cler Con
112 PROVINCE OF NEW HAMPSHIRE. [l 71 7
8 octr 1 71 7
Red 3 times in ye house of Represent5 & voted a Concurrance in
every Article Except y1 parragraph Relating to Guning in floats
The House Adjornd til to morrow nine a Clock
9 Octr The House mett accordingly Present
mr Speaker Jo" Gillman Esqr Eastman Esqr
Coll Davis And Wiggins Esqr mr Eph Dennett
mr Hugh Read Cap1 Tibbit Jon Damra
odiorn Cap1 Gillman Josh Peirce
Votd y1 Coll Davis John Gillman & Josh odiorn Esqrs be a Coram"
to Joyne ye Coram" of ye uper house to prepare ye Bills above
Mention'1 Josh Peirce Cler Ass —
The house adjornd for 2 hours —
The house mett all Present as above
The house adjornd to 8 aclock tomorrow
10 Oct1' The house mett according to adjournm* Presant
Mr Speak1" ^ Tibbitt
Coll Davis Denett
Odiorn 1 -p rs Gillman
Gillman f " Damra
Wiggins Peirce
Estman J m Read
Votd y* 3 men be chosen of ye members of this house to wait on his
Excellency & Represent to him ye Greivance y* many of his Majts
good Subjets labor under by being Restrained by Jo" Briger Esq1'
his Majts survey1' from loging in ye woods in ys Province
The house Adjornd for 2 hours —
The house mett & al Present as above
* 1-2 1 1 * Votd That his Excellency be Presentd wth one hundred &
Sixty pounds out of ye Interest of ye fifteen hundred
pounds let out to Sundry Gent111 in ye year 1714 to be paid in Bils
of Crd of this Province
Red 3 times & Orderd to be sent up by 4 Membrs of this house —
the house Adjorned til tomorrow 8 a Clock
1 1 Oct : The house mett accordingly Present as yesterday Viz" mr
Speaker : Davis Odiorn Gillman Gillman Wiggins Eastman Tibit
Denett Read Dam Peirce
The house adjornd for 2 hours
I?l8] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I 1 3
The house mett as above at 2 clock al Present as above
The house adjorn6 til tomorrow 8 a Clock
12 Oct The house mett according to adjournmt Present
mr Speaker Wiggins Dam
Davis Eastman Peirce
Odiorn Tibbit Read —
Gilman Gillman
12 Oct : 171 7 ye following Dibenters were taken out in ful to this
day Viz" mr Speak1" Packer 12 day5 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
Rogud till ye 2 Tuesday in Janry next by his Excellency Coll —
Shute —
* 171 7/8 21 feb. By Order of ye L" Govr Went worth ye * 1-2 12
house of Representatives were sumond to meet att ye Court
house ye Day above who mett accordingly Viz — mr Speaker Packer
Coll Davis Cap1 Tibbit Cap1 H odiorn Cap1 Read Cap1 Jon Gillman
mr Eph Denett & Josh Peirce
Whereas ye Selectmen of Portsm0 have Complaind to this house
that their Town now lyes under a fine or Presentment for want of
Schools in ye Town —
Votd y1 ye Selectmen be impowerd to Call & agree wth two School-
masters for ye Town of Portsm0 ye one for Latin ye other for Read-
in writing & Syphering & Setle them as may be most beneficial for
ye Town at their best discretion
Whereas we have been Inform01 y1 Oliver Noyes & Elisha Cook
Esqrs of Boston have had Administration Grantd to them by ye Judge
of Probate &ct for ys Province on ye Pretendd Rites & Properties of
S1' Chas Hobby Deceasd & y1 ye Bonds given for their Regular Admin-
istra11 was not Sufficient
Wherupon it is ye Desire of ye whole house Present yt ye upper
house who is ye Supreame Judge of Probate &ct : would put a Stop
to any farther proceedings in yl affaire till ye Interest of ye Province
be a little Consultd
Votd y1 mr Speak1" Packer mr Eph Denett & Josh Peirce be a Com-
itte from this house to Demand ye Bonds y1 wr formerly given by
Sundry Gentlmn of this Province for 1 500 pounds Bills of Crd for-
merly lent to ym wch Bonds were lodgd in ye hands of Coll Joseph
Smith Deceasd — & now to be Demandd of his ye sd Smith8 widdow
114 PROVINCE OF NEW HAMPSHIRE. [l7l&
Relict & w11 Receivd to be lodgd in ye hands of ye Speak1' of ye
house of Representatives for ye time being till farther order
the house adjournd til tomorrow 8 a clock —
* 1-2 1 3 * 22 feb 1 7 17/ 8 The house mett according to adjournment
Present mr Speaker & ye Rest as yesterday —
Wheras there has been some proposals of moving ye Province Rec-
ord5 from Majr Vaughans it being Supposd y* he ye sd Majr was Ren-
dred incapable of officiating in sd office through Natural indisposition
The house having by a Comitte Conferd wth Maj1' Vaughan do find
him Capable to performe wt needfull as formerly Relating to that
office & we yl are present being but about one halfe of this Society
Votd That ye sd Records be Continued wth Majr Vaughan till farther
order
The house sent for by L" Govr Wentworth & Prorogud til ye 29
apr ensuing
1718 : 29 apr The house mett According to Prorogation present
mr Speak1" Packer Davis Read
Denett Tibbitt Dam
Peirce Gillman Wiggins
Gillman
His Excellency5 Speach
Gent11 This being ye usual time for ye Spring Sessions I am Come
to meet you ; and am glad to find y1 those coals of contention wch
were kindled & blowing up amongst us are by your Care in your Sev-
eral Stations so hapily Extinguish6 — all yl I have of Moment to ofer
to you at this time is y1 some spedy Methods might be thought on
for ye Encouragm* of raising hemp & other Naval Stores wch will be
very acceptable to ye Court of great Brittaine & highly advantageous
to this Province : as also yl there may be an Impost & Excise wch I
am Inform'1 hath been yr Constant practis : before my Arrival in ys
Governm1
Gent I believe this is a buisye Season of ye year I shall therfore
so soon as you have dispatch1 w* shal be Necessary Dismiss you to
Pursue your own private affairs Sam11 Shute —
* 1-2 14 * 29 apr 1 718 ye house adjourn d til tomorrow Eight a Clock
30 apr 1 71 8 ye house mett according to adjournm" Present mr Speak1"
Packer Coll Davis Cap1 Tibett Jo11 Gillman P2sqr Cap1 Jo11 Gillman
And1' Wiggins Esq1" m1' Jon Dam : Josh : Peirce Eph Denett m1'
Eastman
The house adjourn'1 for two hours —
lyiS] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 115
The house mett according to adjournm"
Votd y1 ye Excise be continud for ye year Ensuing as formerly 30
apr 1718
Votd y1 Cap1 Reed & mr Eph : Dennett be a Comitte to joyne with
such as Shal be Chosen by ye uper house to farme ye Excise of
this Province for ye year ensuing 30 apr — 171 8 —
The house adjournd til to morrow Eight a Clock
1 May 1 71 8 the house mett according to adjournm" Present
mr Speaker Packer Peirce •. Denet
Davis Tibitt Dam
Odiorn Read Wiggins
Gillman Esqr Gillman Eastman
The house adjournd for two hour5
The house mett according to adjournment all present as in ve
Morning — except mr Eastman
The house adjournd til tomorrow eight a Clock —
2 May ye house mett according to adjournm" Present
mr Speaker Denett Peirce
Davis Tibitt Dam
Gillman Gillman Wiggins
Odiorn Read Eastman
*The house adjourd for two hours * 1-2 15
the house met according to Adjournment al present as in
ye Morning
The house adjournd til 7 tomorow
3 May The house met according toadjournm1 Present
Denett
Dam
Wiggins
Eastman
The house adjournd till Munday 8 a Clock —
5 May 1 718 The house mett According to Adjournm1 Present
mr Speak1" Packer Peirce Denett
Coll Davis Read Dam
odiorn Cap1 Gillman Wiggins
The Petition of Joseph Clifford of Hampton Read in ye house of Rep-
resentatives & Voted yron y1 ye Petitioner Enter upon ye Estate men-
mr Speak Packer
Peirce
Davis
Tibit
Odiorn
Read
Gillman
Gilman
H 6 PROVINCE OF NEW HAMPSHIRE. [l7l%
tiond in ye Petition & improve ye Same & Support ye fathr of sd Peti-
tioner during life & defray his funeral Charge : & then Returne ye sd
Estate to ye heirs &ct of ye Elder brother to whome ye Estate is be-
quethd
An Answer to his Excellencys Speach of 29 apr 1718
May it pleas your Excellency
It is \vth much more pleasure y* we now have an oppertunity to meet
yr Excelly yn wn yos Jarrs & Discords wch have for some time past un-
hapily Disturbd & Clogd ye affairs of ys Govern* are vanishd —
We are of opinion yt ye raising of Hemp & other Naval Stores
would highly Conduce to ye Interest of this Province : as wel as be
Servisable to ye Crown of great Brittain :but by reason of yelate long
& tedious warr ye people of this Province have been so long pent up :
as y1 yet yr is not yet land Enough opend to raise a sufficiency of Corn
for their Support : so yl att present we are not Capable to prescribe
measures y* may Encourage itt —
* 1-2 16 * 1 71 8 And as to an Act of Impost we are of opinion y* ye
Charges of ye Gover" is more Easily Defrayd by way of Tax
upon all persons & Estates — & y* it is most for ye Interest of all
his Majests good Subjects of ys Province to have a free port this
year —
But we think an Act of Excise very Reasonable & Desire one may
be prepard accordingly & as itt is ye Seed time of ye year we Shal to
our uttermost forward all buisness y* this Sessions may be Short &
in order therto — Desire yl ye Committee55 for Auditing acctls & Re-
vising & preparing Laws may spedily give in their Reports yi we may
proceed thereon Thos Packer Speakr
The house adjournd for two hours
The house met according to adjournment al present as in ye Morn-
ins; —
The house adjournd til tomorow 8 a Clock
6 May 1718 The house mett according to adjourm" Present
m1' Speaker Packer Peirce Denett
Dam
Wiggins
Estman
The house adjournd for two hours —
The house mett according to adjournment al Present as in ye
Morning —
The house adiournd till eicrht a clock tomorrow
j o
Davis
Tibitt
Odiorn
Read
Gillman
Gillman
I?l8] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 117
7 May The house mett according to adjourn" Present
mr Speak1" Packer Peirce Denett
Davis Tibitt Wiggins
Odiorn Read Eastman
Gillman Gillman
The house adjournd for 2 hours —
The house Mett according to adjourn* all present as in ye Morn-
ing
* 1 71 8 The house adjournd til 8 a clock tomorrow * 1-2 17
8 May The house Mett according to adjournm* Present
mr Speak1" Packer Peirce Denett
Davis Tibitt Dam
Odorn Read Wigins
Gillman Gillman Eastman
The house adjournd for 2 hours —
The house mett accordg to adjourn m1 —
The house adjournd til tomorrow 8 a clock —
9 May ye house met according to adjournm" all Present as yester-
day —
Votd that yr be an Aditional act to ye act formerly made for Inspect-
ing & Suppressing of Disorder3 in Licend houses — & yl yr be a
Comitte apointd to draw up ye act accordingly — against Cards
Dice & pinplaying & Shufelboard —
Josh Peirce Clr Asem^
The house adjournd for two hours —
The house met according to adjournm" — al Present as in ye
Morning
Richd Dollife having Petitiond ye Gen11 Assembly for Releife being
much Reducd by Journying to Canada &ct for his Captive Chil-
dren —
Votd yt Ten pound5 be paid out of ye publick Treasury of this Prov-
ince to mr Jacob Windel of Boston on ace" of ye Petitioner abovesd
The house adjournd til Tomorow 8 a clock
10 May The house met according to adjournm" all Present as yes-
terday
* 10 May 1718 Memorand — yt Coll Plaisted5 Bond for fifty * 1-218
pound5 wch he took of ye 1 500 pound5 of ye Publick money is
this day put into ye hand5 of mr Treasr Penhallow in order to be put in
Il8 PROVINCE OF NEW HAMPSHIRE. [l7l&
Suit against him he Refusing to Renew his Bond wch terminated in
octr 1 716 last past as ye other Gennmen did who were equaly Circum-
stance wth him
The Petition of ye Inhabitants of Kingstown having been Read &
Consider in this house : —
Votd yt ye Inhabitants of Kingstown shal have five hundred pounds
out of ye 1500 pounds y* is in ye hands of ye Grand Comitte for
Managing ye 15000 pounds of Bank Bils provided yr be so much left
when ye charge of making Signing & Emitting &ct of sd Bills of
Crd be Defrayd
In Council
James Davis Jon Gillman Sam11 Eastman Esqrs Came to this board
from ye house Representatives & Declard that they were present in sd
house when ye vote of Gen11 Assembly about ye Diference at Portsm0
Datd 8 octr 1 717 was past in their house &y* Cap1 Pickren being Sent
for was Present in sd house & heard Sd vote Read wch he sd was right
& Consented to before ye vote was past —
An Explanation of ye Vote of ye Gen11 Assembl>r past in 8 Octr 171 7
Relating to ye Diference3 in ye Town of Portsm0
Whereas there was two Petitions Preferd to ye Gen11 Assembly one by
ye party of ye Bank parish ye other by ye mill dam Parish Relat-
ing to ye Setlement & Suport of ye Ministry in Each Parrish amongst
other perticulars yn Resolvd on ■ — it was Votd y* al ye Inhabitants of
Portsm0 unless those therin Exceptd Viz" ye Parish of Greenland &
those formerly Set of to Newington should be Assessd to ye
* 1-2 19 Support of mr Rogers as formerly by * three men Legally
chosen at a Regular parish Meeting for y* end — Excepting
also al those yt were disposd to Support ye Ministry in ye Old meeting
house — who by sd vote were obligd to distinguish ym selves : Cap1
Pickren being present as Representative for ye Mildam Parish : by
giving in yr Names to ye Selectmen of ye Town on or before ye 20
Novr of above sd year — & wheras by mis Representation of sd vote
Sundry Inhabitants have been Rated by ye Churchwardens to both
Parishes to ye great wrong of sd Inhabitants so taxd or Rated —
Votd yl it is to be understood yl al ye Inhabitants belonging to both
ye Parish* of ye Bank & Milldam were from yl day forward to be
att their Liberty to Joyn themselves to wch Parish they pleasd & yl
having Declard to which ministry they would joyn they should
not be Rated or Taxd by ye Churchwarden5 of ye other Parish any
Law usage or former Custome to ye Contrary Notwithstanding —
Read in ye house of Representatives & order6 to be Sent up to ye
uper house for concurrence — Josh : Peirce Clr Assemly
Davis
Tibit
Gillman
Gilman
Odiorn
Read
I7l8] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I 19
Votd y* any Member of this house y1 shal neglect to wear his Sword
or be found wthout it during ye Sessions of Gen11 Assembly from
ys day shal pay a fine of five shils to Clark for ye Use of ye house —
The house adjournd til munday next at nine a Clock
12 May The house met according to adjourm* Present
mr Speakr Packer Peirce Denet
Dam
Wiggins
Eastman
The house adjournd for f of an -hour
The house met according to adjournm1 al present as in ye Morn-
ing—
* The Titles of Sundr act past 10 May 171 8 * 1-220
Viz" — 1 — An act to prevent Comon Nusances
2 — An Act to prevent Causles Arests &ct —
3 — An Act directing ye 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 ye 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 offi-
cers & Seting forth their power
10 — An act for ye Encourags ye Kiling of Wolves
1 1 — An act Relating to Strays & Lost goods &ct —
12 — An act to prevent ye Concealing Estates from Assess1'3 —
13 — An act for ye Beter Regulating Swine going at Large
14 — An act for Suppressing Robery5 & Assaults
15 — An act for Restraining Inhumane Severityes
16 — An act for Regulating Catle Cornfield5 & fences
17 — An act to prevent Trespasses in Cuting down trees upon
land wthout fence —
18 An act for payment of woundd Souldiers —
19 An act for Suppressing & Punishing Rogues Vagabond
&ct
20 —
21 An act for ye 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
120 PROVINCE OF NEW HAMPSHIRE. [i 718
24 An act against Murder &ct
25 An act about powder Money —
26 An act to prevent Charges arising upon this Province for
prisoners Comitd for theft
27 an act to Enable Crdrs to receive yr Just debts out of ye
Efects of ye absent or absconding detors —
28 — An act Ease people yl are Scrupulous of Swearing
29 — an act against Intemperence Prophanes Imorality & for
Reformation of raaners
30 an act Relating to ye office & Duty of a Crowner —
31 an act for Establishing ye formes of oaths —
32 an act for making lands & tenements lyable to pay Debts
33 an act for regulating ye Militia —
* 1-22 1 * 34 an act for Repealing of ye act abl Bankrupts —
35 An actt to enable Town Villages & proprietors in Comon
& undivided Lands to Sue & be Sued
36 — an act for Repairing highways &ct
37 an act Relating to apeals from judgments in Bar or
Abatement
38 an act in adition to ye act Entituled an act for ye better
observation & keeping of ye 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 ye 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 ye General Assem-
bly
In ye house of Representatives
Votd yl yr be an act drawn up for ye Regulating of ye fishery & y1 yr
be a Comitte apointd to draw up ye act accordingly —
12 May 171 8 — Read & orderd to be sent up for Concur110
Josh Peirce Clr Assemly
Votd yl Joth Odiorn Esq1 & Cap1 Hugh Read be aComitte from this
house to joy no yos to be chosen by ye uper house to draw up sd act
Josh : Peirce Clr Assemly
a Vote was sent by ye house of Representatives to ye uper house
for defering the payment of one halfe of ye two thousd pounds wch
Should have been Raisd ys year unto ye year 1723
The house adjournd til tomorrow 6 a clock
1 71 8] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 121
13 May ye house Met according to adjourn1 al Present as yester-
day Except Cap1 Wiggins — who Came in quickly after —
In ye house of Representatives
Wheras it appears to ys house by mr Treasurs acctts for ye two years
last past y* ye growing Charge of ye Province hath been very great
Votd yt two thousd pounds Bils of Crd of ys Province be repeated
& y* ye same shal be paid in ye year 1722
* 13 May Votd one thousd pounds of ye above sd Bills now * 1-222
in ye Treasury be burnt by ye 4 day of June next & yt a
Comitte of both house be chosen for y1 end —
Votd y* Coll Packer Coll Davis & Capt Read be a Comitte from
this house to joyne such as shal be Chosen by ye uper house to seye
nine hundred pounds burnt wch is now orderd by ye gen11 Assembly
Votd y* his Excelency Coll Shute be presentd wth 140 pounds & yl ye
same be paid out of ye Treasury
13 May 1 71 8 Vot y1 ye L" Govr Wentworth be allowd 5/0 a day
to be aded ye 5/0 alowd him as a Counsel1' —
Orderd yt ye publick acctts of this Province be shut up : this house
not having time now to go through wth them & yt upon ye first open-
ing of ye house at ye Next Sessions ye same acctts shal be first pro-
ceed on til perfectd
Votd y* ye ffort boat shal attend ye Members of Gen11 Assemly for
carrying ym up & Down during each Sessions
The house adjournd for one houre
The house met according to adjourn1 —
Mem : itt being ye time of ye Sitting of ye Superior Court ye house
adjournd from ye Court house to ye great room in mr Speak1" Pack-
ers house
The house adjournd til tomorrow 7 a Clock —
14 May The house met according to adjournm1 Present Mr Speakr
& al as yesterday —
* 7 May 1 71 8 Votd y1 ye Comitte appoint6 by ye General * 1-223
Assembly in 171 5 shal forthwith Run ye lines as is Express6
in sd vote & imediatly make Return of yr doings therin unto his
Honr ye Ltt Govr & farther y1 ye sd Comitte be Sworne before a jus-
tice peace to ye faithful discharge of their office & farther yt ye
bounds between Portsm0 & Hampton be first Run & so Round in
Course — Richd Waldron Clr Con1
122 PROVINCE OF NEW HAMPSHIRE. [ I 7 I 8
In ye house of Representatives
Red & Concurd wth — Josh : Peirce Clr Assem —
Orderd y1 mr Speak1" — Cap1 Odiorn Cap1 Read L" Eph Dennet &
CT Peirce go tomorrow to see ye 900^ province Bils Burnt —
the following Dibenters were taken out to this day 14 May 1718
Viz"
Coll : James Davis — 20-days
Cap1 Sam11 Tebet — 19-days
Cap1 Jothm Odiorn — 18-days
Mr Read— 16-days
Cap1 John Gillman — 20-days
John Gillman Esqr — 18-days
Andr Wiggins Esqr — 16-days
Mr John Dam — 16-days
Sam11 Eastman Esqr 14-days
Votd y* Wm Moore be aded to ye above Comitte & y1 ye sd Comite
do meet att any time & place according to a Warrant or order of
ye Lu Govr under his hand upon ye 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 ye house of Represen15 & orderd to be sent up for Concur-
rence — Josh : Peirce CI1 Assem^
May 12 — 1 71 8 In Council
Voted a Concurrence Richd Waldron Clr Con —
* 1-224 * Wheras ye Town of Kingstown in this Province at this Ses-
sions of Gen11 Assemly have had ye Sum of S°°£ votd them
out of ye 1 500^' Lodgd in ye hands of ye Grand Comitte being part
of ye 15000 pounds Raisd in Octr 171 7 —
Votd That Kingstown have five hundred pound5 out of ye fifteen
hundred pound8 above sd they paying ye Sum of three "$ cent ^
Annum yearly & ye principle also at ye End of ye time agreed on
wth ye Grand Comitte & to give land Security ye interest to begin
upon Receipt of ye Money —
The house sent for up by his Excelency Coll Shute & Prorogud to
ye first day of august next 14 May 171 8
1 augst 1 71 8 Met according to Prorogation present Mr Speakr Packer
Joth Odiorn Esqr & Josh Peirce Majr Gilman Cap1 Jn° Gilman
by Order of Lu Goverr Wentworth ye Generall assembly is farther
Prorogued to ye second tuesday in octobr Next :
1 augst 171 8 Josh Peirce Cler : Assem
1 71 8] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 1 23
1 71 8 7 Octr by vertue of his Excellency Coll Shutes Special war-
rant ye house mett this day Present
Mr Speaker Cap1 Tibitt Cap* Read
Denett Maj Gillman mr Jon Damm :
Peirce Cap1 Jon Gillman Majr Ware
Coll Davis Joth Odiorn Esqr
Majr Peter Ware being Chosen by ye New Parrish of Hampton by
vertue of ye Govern1"5 precept for a representative being ys day qual-
ified took his place att ye board accordingly 7 Oct 1718 —
The house adjourd til tomorow nme a Clock
* a Copy of his Excellencyes Speach 7 Octr 171 8 — * 1-225
Gentlm there was so much buisnes done ye last Sessions yl 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 ye King Comands me : wch
is y* ye Castle wch is very much decayd in its works & fortifications
be repaird & yt ye Goal may be made so Strong as to prevent Escapes
for ye future & y1 a place of Execution may be apointd & a galows
Erectd for Justice wth her Scales in her hand wthout her Sword : wil
make but a Meane figure in ye world
I am also to Informe you y1 ye Province of ye Massachusets has ac-
cording to ye Instructions given me by ye King : Grantd their Ltt
Govr Some alowance to defray ye Charge wch Necessarily attends y*
Station & I question not but you wil follow their Laudable Example —
I hope ye Detachment y* I sent under ye Comand of Cap1 Mooday
has att present broke ye vile designs of ye Indians but am Sorry to
hear y1 ye greatest part of ye New hampshr men have so Shamfully
betrayd ye trust their Country Reposd in ym by Desertion : I have
orderd them to be taken up yl so they may be brought to condign
punishment wch I hope wil prevent it for ye future —
I have used my best Endeavours to Serve this Province by getting
ye Duty of your Lumber to be taken of and am pleasd yl I can ac-
quaint you y1 I am not wthout hopes of having itt done in a Short
time —
Gentlm I have nothing farther to Recomend to you but Dispatch
in ye affairs before you Sam11 Shute
8 Octr ye house mett according to adjournm" Present
Coll Davis Cap1 Gillman Read
Majr Ware odiorn Dam
Majr Gillman Denett Peirce
Tibitt
124 PROVINCE OF NEW HAMPSHIRE. [ I 7 1 8
Coll : Davis Chosen Speaker pro Tempore —
The Petition of Jon Burss of oyster River being Read wherin he
Sets forth his Necessitous Circumstances —
Votd y1 ye Selectmen of Dover be advisd to do yr duty & take care
of yc sd Jo" Burss & supply him wth w* he is in Necessity of ac-
cording to ye law of this Province & y1 ye Town pay 20 yearly out
of ye town Stock
* 1-226 * The house adjournd for two hours —
The house met according to adjournm1 all present as in ye
Morning —
The house adjournd to eight a Clock in ye Morning —
9 Oct : the house mett according to adjourm11 Present
mr Speak1" Gillman Wiggins
Denett Gillman Ware
Peirce Dam Tebett
Davis Eastman
Votd y1 mr Speak1" Packer Maj1' Jo" Gillman Esq Jothm Odiorn Esq1"
& Cap1 Hugh Read be a Comitte from this house to joyne Such as
may be Chosen of ye uper house to view ye Prison — & ye ffort
at Newcastle & y1 they make y1' Report imediately to ye General
Assembly y1 this Sessions may Make orders for wl Necessary accord-
ingly — Josh Peirce Clerk Assent
The house adjournd for two hours —
The house met as in ye Morning & Majr Ware also
Votd y1 mr Speaker Packer Jon Gilman Esq1" Jothm Odiorne Esqr &
Cap1 Hugh Read be a Comitte from this house to joyne such as
may be Chosen of ye uper house to apoint a proper place for Exe-
cution of Criminals & to order a Gallows to be Erectd for y1 End
Josh Peirce Clr —
an accu of w1 orderd to be paid out of ye Treasury On ye acctts of
Subsisting Keniston & ye Indians &ct : Viz"
to mr treasur1" 42- 9-9
to ye undersherif — 14-1 5-0
to mr Jams Jeff rye — 1- 5-0
The house adjournd til tomorow 8 aclock —
10 — The house Mett according to adjournm1 Present
mr Speak1" Tebets Read
Denett Estman Odiorn
1718] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 1 25
Peirce Gilman Wiggins
Davis Gilman Dam
Ware
* 1 71 8 The house adjournd for two hours — * 1-227
The house met according to adjourm* Present as in ye
Morning
The Petition of ye Selectmen of Portsm0 having been Red Relat-
ing to moving ye Prison & a Comitte of four members of both houses
Chosen to agree & make their Report theron —
The house adjournd til tomorrowv8 a Clock —
1 1 Octr The house met all Present as yesterday Except mr East-
man
The Comitte for making Report of ye most proper place for pun-
ishing Criminals & Erecting a Gallows having made their Return wch
was Concurd wth by ye Council & Votd by ye Assemby Viz" y4 ye late
usual place near ye present Goal be ye place for punishing Criminals
& y* a Gallows be Erected in ye Old Training field of Portsm0 be-
tween Messrs Willm Cotten & Edw : Cates their houses —
Thos Packer Hugh Reed Shad Walton
Jothm Odiorn The° Atkinson R Wibird
The Comitte for viewing ye foart at Newcastle & ye Comon Goal at
ye Bank having made Report of ye Deficiency of Each it was Votd by
both houses yl ye sd Comitte Viz" Messrs Packer Gillman Odiorn &
Reed shal se to ye Needful repairs of the Same as Soon as they may
wth Conveniency —
Votd y1 Coll : Packers house att Greenland by ye Mill dam in ye
Country Road be one of ye Publick licencd houses allowd in Portsm0
paying Excise according to Law —
11 Octr 1718 Josh Peirce Clr Assem1?
*n Oct 1718 The Petition of ye Inhabitants of New- * 1-228
castle wrin they desire y* order may be Grantd y* an in-
diferent Comitte may be apointd yt is in no way Interestd in either
Town to Run their first line & to allow yr bound5 to Run by hamp-
ton line to ye Sea as was formerly Votd which Petition was Votd
Josh Peirce Clr Assemly
Votd yl ye Comitte & Represent3 of Each Town or Parish in this
Province for leting out ye 15000 pounds Raisd in octr 171 7 be
allowd two ^ Cent to defray ye Necessary Charges in leting out ye
Same & y* ye Several Comittis & Represent5 of Each Town bring
in their acctts & Mortgages to ye Grand Comitte att their Next Ses-
126 PROVINCE OF NEW HAMPSHIRE. \_l7l%
sions w1' they Shal Receive their wages wch Sessions wil be ye first
wensday in Nov Next & whoever of sd Comittes in any town shal
neglect to attend this order shal lose their whole Claime
Votd y* his Excellency be Present'1 wlh 90 pounds out of ye treasury
of ye Province
The house adjournd for two hours —
The house met according to adjournm* all Present as in ye Morn-
ing —
The house adjournd til Munday Next 9 : a Clock
an answer to his Excellency5 Speach —
May it pleas your Excellency
We are of opinion yl tis highly Necessary yl ye ffort at New Castle
be repaird & have Chose a Comitte for y1 end — as also y1 al due care
be taken by ye Same Comitte to Repaire ye Goal & y* a place of Ex-
ecution be apointd & a Gallows Erectd —
& our Regards to ye Ltt Govr are such y1 we would willingly Demon-
strate them by a generous Present but ye publick Charges are so
great y1 we have no other View but ye Excise of this Province til
next may Provided ye honourble ye Council may be prevaild wth to
Come into it
* 1-229 * We thankfully acknoledge your Excellencys Early care
to prevent any vile design of ye Indians by Sending out
Cap1 Moody wth a Scout to Cover ye frontiers — But in as much as
your Excellency was pleasd to order one third part of sd Scout out of
this Province : we Humbly pray y* this may be no President for ye
future this Province being but about a twelfth part in proportion in
Capacity wth ye Massachusets —
We Rejoyce in yr Exellency3 favour Relating to ye Duty of our
Lumber being taken of & Humbly pray yl yr Excellency wil pleas to
Continue ye Same to us — & as to ye Present Buisnesof this Sessions
we shal use al possible Dispatch to Shorten ye Same
Thos Packer Speakr
13 Octr 1 71 8 the house met according to adjournm* Present
mr Speaker Majr Gillman Ware
Denett Cap1 Gillman Dam
Peirce Odiorn Wigins
Read
the house adjournd for two hours —
the house mett according to adjournment all present as in ye
Morning —
1 71 8] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I 27
The house Sent for up into Council Chamber & were Prorogud to
ye 30 Decern1" wch wil be on a tuesday by his Excellency Coll Shute
13 Oct 1 71 8 Josh Peirce Clr Assem1?
Memorand mr Speaker took out his Debenter for his Servis in Gener11
Assembly from 12 Oct 1717 to ye 13 Oct 1718 being al yl was then
due for 31 days
Ltt Eph : Dennett for D° — 29 days —
Josh Peirce for D° — 32 days —
* 1718 : Decr 30: The house mett according to Proroga- £* 1-230
tion Present
mr Speaker Packer : Denet : Dam
Odiorn : Reed — Wigins
Gillman : Gillman Ware
Peirce
The house adjourn d for two hours —
The house mett according to adjournm* al present as in ye Morn-
ing
31 Decr Votd y1 three shils be added to ye Seven formerly allowd
to make ye stipend or wages of Each Comitte man for Setling town
Bounds &ct ten shils ^ Diem — Richd Waldron Clr Con —
Read twice in ye house of Represts & Concurd
J Peirce Clr Assem
The Comitte appointd for Setling ye Town bounds wthin this Prov-
ince &C1 made their Return & gave in a Coppy of ye Journal to his
Honr ye Ltt Gove1" wch Return & journal both dated 24 : xr 171 8 was
this day by him laid before this board where it was acceptd & Voted
y1 ye Return be herby Confirmd & y1 ye bound5 yrin Mentiond shai be
ye Establishd lines & boundaryes for al ye town therin Mentiond & yt
it be sent down for Concurance
30 xr 1 71 8 Richd Waldron Clr
Red & orderd to lye under Consideration til ye next Sessions —
Josh Peirce Clr Assem1?
The house adjournd til Seven a Clock tomorrow morning —
31 Dec1" The house met according to adjournment al present as
yesterday & Coll Davis
The house adjournd for an houre & halfe
The house met according to adjournm"
James Jeffry8 ace" for Runing ye Lines between ye Several towns
128 PROVINCE OF NEW HAMPSHIRE. [I7I9
& Parishes in ye Province &ct — amounting to 1 4/10/0 allowd &
orderd to be paid out of ye treasury —
Votd yr ye 200 pound Publick money formerly let to Richd Gerrish
Esq* Deceasd be Demanded of his Son Richd Gerrish & if he ne-
glect or Refuse to pay ye Same yl ye Bond be put in
* 1-23 1 * Suitt : & y1 Mr Speakr Packer & Josh Peirce be impowerd
to se ye Same Prosecuted to Efect Josh : Peirce Clr Asemly
Votd yl whosoever shal from hence forward discover any person or
persons yt shall be guilty of Counterfiting any of ye Plates or Pub-
lick Bils of Crd of the Province of Newhampshr & Convict him or
them of ye Same Shal as a gratuity fifty pounds out of ye treasury
of this Province and yt ye treasurer be desird to take Care ye
same be insertd in ye Publick News letter —
And that if his Excellency think meet to make any alteration of
ye above vote to bring it more in Conformity to ye tenor of ye Massa-
chusets proclamation not altering ye bounty he be desired to do the
Same.
The house Sent for up into Council Chamber & prorogud by his
honr Ltt Govr Wentworth till ye 25 March next —
1 719 Mar : 25 : The house mett according to Prorogation present
mr Speakr Packer Read Gillman
Peirce Ware Dam
Denett Gillman Tebett
The house sent for up into Council Chamber & Prorogud to ye 23
apr next by his honr ye L" Gov1' —
Memorand : mr Jn° Dam took out his Debenter for his Servis in
Gen11 Assembly from ye 14 May 1718 to 25 Mar 1719 being al yl was
Due 14 days
* 1 719 23 apr The house mett according to Adjournmen1 * 1-232
or Prorogation Present
mr Speaker Wigins Odiorn
Peirce Gilman Reed
Denett Gilman Tebett
Ware Dam
His Excelency5 Speach
Gent : I promisd you Some time Since yt I would use my Best En-
deavour at home to gett ye duty taken of from your Lumber & can
now wth great Pleasure assure you y* our Gracious Lord & Master
King George has given his Consent to it —
tyig] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 1 29
To make this Royal favour ye most servisable to us it wil be highly
Necessary to Ascertaine ye Number of Mills wch will Make your
Lumber very valuable ; wil very much preserve ye timber & wil also
be very acceptable to ye Crown & Shew our Gratitude to ye King for
his Signal favour towards this Province —
There are dayly Complaints Made by ye People that live near ye
lines of ye injustice they Suffer by their Remaining so long unsetled :
I wish that ye Comissioners on both Sides would quickly meet &
find out Some Method to terminate this unhappy Difference wch
would very much tend to Cultivate a good harmony & friendship
betwixt ye two Provinces
I have nothing more at this time to offer but again to Remind you
of Repairing ye Castle to give al Necessary Encouragm* to ye Rais-
ing of Hemp & also to these new Iron works : wch wth ye Duty taken
of yr Lumber will wth wise Managment Render this a happy &
flourishing Province
Ap1 23d 1 7 19 Sam1 Shute
*The house adjournd til tomorrow Eight a Clock * I_233
24 apr ye house mett according to adjournment Present
mr Speak1" Packer Tebett Wiggins
Peirce Dam Ware
Denett Gilman odiorn
Coll Davis Gilman Read
Votd That Coll : James Davis Jothm Odiorn Esqr & Josh : Peirce be
a Comitte from this house to joyne Such as may be Chosen of ye
uper house to Auditt ye Publick acctts of ye Province
Josh Peirce Clr Assemy
Majr Petr Ware & Majr Jnw Gilman Esqrs & L" Eph : Denet are
apointd a Comitte to Answer his Excellency3 Speach
The house adjournd for two hours —
The house mett in ye afternoon al Present as in ye Morning —
In answer to your Excellency3 Speach
We Return your Excellency many humble & hearty thanks for
your great favour obtaind of his Majest3 in taking of ye Duty of Lum-
ber—
As to ascertaining ye Number of Mills we Leave itt to farther
Consideration
As to Seteling ye line between ye two Provinces we are Ready to
Chuse a Committe to joyne wth a Committe of ye upper house to
Meet wth a Committe of ye Massachusets when they please for that
end
130 PROVINXE OF NEW HAMPSHIRE. [l7l9
as to ye Repairing ye Castle there is a Comitte Allready Chosen
to Se yl it be done and are dayly providing for ye Same
as to ye Encouragm" of Raising Hemp we are ready to give al
Incouragm" wch may be thought Reasonable —
as to ye Ironworks we are Humbly of Opinion yl ye profit therof
may Support ye undertakers of ye Design
* 1-234 * 1719 24 apr Votd y1 ye Excise be continued for ye year
Ensuing & y: a Committe be Chosen to take Care of ye
Same —
Votd That Cap1 Hugh Reed & L" Eph : Denett be a Comitte from
this house to Joyne such as may be Chosen by ye upper house to
farme ye Excise for this present year Josh : Peirce Clr Assem?
Wheras there is a Controversie between the Province of New
hampsh & Massats Concerning ye divisional line between sd Provinces
wrby Several Misunderstandings have arisen & may Stil arise for pre-
vention wrof it is
In Council
Votd yt Mark H unking & Richd Wibird Esqrs be a Comitte from
this Board to Joyn wth two yl may be Chosen by ye house of Rep-
resentatives to goe wth a Surveyer yt they Shal appoint & have wth
them & view Merimack River & take a Survey Draught of sd River
& to Run ye sd divisional line according to ye Massachusets Char-
ter & to make a Returne of ye sd Draft of ye River & line att ye
Next Sessions of Gen11 Assembly & y* ye sd Committe be paid out
of ye Treasury ten shils a peice f3 Diem for their Service as also
ye Chain men &ct to be paid out of ye treasury —
24 apr 1 719 Richd Waldron Clr Con
In ye house of Representatives
Read & Concur6 — Josh Peirce Clr Assem-V
Votd That Coll : Jam5 Davis & Major Petr Ware be a Comitte from
this house to Joyne ye Gent1 of yc Com" of ye upper house to Run
ye line & take ye Draft of ye River Merrimack & make yr Return as
above — Josh Peirce Clr Assem?
* 1-235 * The house Adjournd til tomorrow Eight a Clock
25 : apr : The house Met all Present as yesterday —
In Councill
Votd yl his Hon1' ye Lu Govr Mark Hunking & Geo Jaffry Esq" be
of ye Comitte from this board to joyne wth yos Chosen by ye
lower house to auditt ye Publick accu of ye Prove
24 apr 1 719 Richd Waldron Cler : Con
1 719.1 JOURNAL OF THE HOUSE OF REPRESENTATIVES. 131
Votd That his Excellency be Presents wth no pound to be paid out
of the Treasury of this Province in Bills of Crd of the Same
Josh : Peirce Clr Assent
The house Adjournd til tuesday Next ten a Clock
1 7 19 28 apr The house mett according to adjournment Present
mr Speaker mr Dam Davis
Denett Gillman Odiorn
Peirce Gillman Reed
Ware
The house Adjornd til tomorrow Eight a Clock
29 — The house mett according to adjournm" all Present as yester-
day & mr Tebett & mr Dam & mr Eastman
The house adjournd for 2 hours —
The house mett as by Adjourm1 —
* 29 ap 1719 The house adjournd til tomorrow Seven a * 1-236
Clock —
30 apr The house mett according to adjournm" Present
mr Speakr Gillman odiorn
Peirce Gillman Reed
Denett Davis Ware
Dam Tebett Eastman
Eliph" & Tristram Coffin5 Petition Read In ye house of Repre-
sentats from ye uper house &
Votd a Concurance — Josh Peirce Town Clr
The Petition of Benjn Levitt of Stratham for lince to keep a Pub-
lick house free of Excise ye Desire of ye sd Petition being Grantd by
the uper house : ye house of Represent8 having Considerd it voted a
Concurrence Josh : Peirce Clr Assemy
Voted that four pound5 be aded to w* already allowd mr Speakr
Packer for fireing for ye Courts &ct :
This day ye Comitte of Auditt made their Returne of yr Doings
& laid ye Same before ye house for their allowance —
This Day a Vote was past for Preventing al Iron Mine or Ore Not
to be transported out of ye Province
The house adjournd for two hours —
The house mett according to adjournm*
* In ye house of Represent5 * 1-237
Votd That ye Town of Newcastle have ye liberty of building a
Bridge from Great island to Sander5 Point on ye Maine Land : Pro-
132 PROVINXE OF NEW HAMPSHIRE. [l719
vided it be done at ye proper Cost of Newcastle or such as shall
freely Subscribe therto : they leaving a Convenient passage for
Shallops &ct by a Drawbridge —
30 apr 17 19 — Josh : Peirce Clr Assent
The house Adjournd til Eight a Clock tomoro
1 May The house mett according to adjournment all Present as
yesterday Except mr Dam —
Majr Ware Chosen Speaker pro : Tempore —
The house adjournd for 2 hours —
The house mett according to adjourm1 —
Wheras there was a Motion made by ye Uper house yx Majr
Vaughan was Rendred uncapable of Managing ye Publick Records of
ys Province he being Superanuatd
Votd yl ye Records be Removd from Majr Vaughans unto Some
meet person yl Shal be appointd —
Votd yt Sam11 Penhallow Esqr be ye Record1' of ys Province & yl ye
Records be removd into his hands During pleasure
1 May 1 719 Josh : Peirce Clr Assent
The house adjournd til Seven a clock tomorrow morning —
1 719 2 May The house mett according to adjournment Present
mr Speaker odiorn Davis
Peirce Read Gilman
Eastman Ware Gilman
* 1-238 * 1719 2 May Wheras there an order of this house in
Decemr last Directing mr Speakr Packer & Josh : Peirce
to put mr Richd Gerrishs Bond in suit wch was done accordingly &
Continued til June Court nex1
itt is now order11 y* ye sd Suit be Suspendd provided mr Gerrish give
Security to Satisfaction of this house —
Votd yl ye Lu Gov1" be presentd wth ye Excise of ye Province ye year
Ensuing —
Votd y* Majr Jn° Gillmans Loghouse by ye Bridge be a publick
licencd house for Entertainment paying as other publick houses in
ye Province
Votd That ye Severall acctts hereafter Insertd be paid out of ye Treas-
ury <!v y* orders may be given for ye Same Viz"
to ye Lu Govr as fl accu 7: 15:9
to Rob1 Coats D° — 1-10-0
to Sam11 Jordan D° — 4- 0-0
1 719] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 1 33
to Mr Treasurs Gen11 ace" 2639-1 1-3
to mr Clr Waldron D° — 60- 0-0
to mr Speak1" Packer D° — 11- 0-0
to mr Sherife Gambling D° — 6- 0-0
The house adjournd for 2 hours —
The house met according to adjournnr* al present as in ye Morn-
ing—
Votd y* ye Money allowd in ye Treasurers acctts paid for ye Repairs
of ye Prison Viz" one hundred & forty pounds be paid to ye Present
Comitte for Carrying on ye Repairing or building sd prison
* The following Debenters were taken out to this Day being * 1-239
2 May 1719
Majr Gillman — 28 days Majr Ware — 25 days
Capt Jn° Gillman 28 d° Capt Odiorn — 23 D°
Coll Davis — 20 D° Cap1 Reed — 25 D°
Cap1 Tebett — 20 D°
Votd that 90^ broken bills in ye Treasury be burnt & yl ye Speakr
& Clark of this house be of a Comitte to se sd money burnt — wch
was accordingly done in ye house in view of ye Assembly
The house sent for up into Council Chamber & Prorogued to ye 21
July Next : 2 May 17 19 by his Excellency Sam11 Shute
1719 July 21 : The house mett according to Prorogation Present
mr Speakr Packer : Denett Peirce Odiorn & Reed mr Dam : —
& by his Excellencyes order are farther Prorogud to 18 augst next
being wensday
1719 : 18: aug : the house mett according to Prorogation : Present
mr Speak1" Packer Jothm Odiorn Esq1" Josh. Peirce Cap1 Gilman —
Cap1 Reeci £ph Denett Davis Dam Tebett & by His Hon1" ye L"
Gov1" farther Prorogud to ye 22 of Sept next following —
1719: 22 Sep ye house mett according to prorpgat Present
mr Speakr Packer Denett Capt Qiiman
Peirce Read
the house adjournd til : tomorrow 3 a Clock
23 the house met according to adjournmt al present as yesterday
The house adjornd til tomorrow 10 a Clock
* 24 Sep1 The house mett according to adjournment Pres- * 1-240
ent
134 PROVINCE OF NEW HAMPSHIRE. [l7*9
mr Speaker Packer Peirce Cap1 Gilman
Denett Coll : Davis Dam
Reed
The house adjourn*3 for two hours —
The house met according to adjournm* al Present as in ye Morn-
ing & mr Wiggin & mr Eastman
In Council
The Committe appoint01 for Setling ye Town Bounds wthin this
Province &ct : Made their Returne & gave in a Coppy of ye Journal
to his Honr ye Lu Govr wch Return & Journal both Datd 24 Oct 1718 :
was this'day by him laid before this Board where it was acceptd &
Votd that ye Return be herby Confirmd & yl ye Bounds therein men-
tiond shal be ye Establishd lines & Boundaries for al ye Towns
therin mentiond & y* it be Sent down for Concurrence
Decr : 30 : 171 8 — Richd Waldron Clr Con
Red 3 times in ye house of Represent5 & voted a Concurrence
26* Sep:- 1 719 J Peirce Clr Asssemy —
His Excellency5 Speach
Gen1 : since our last meeting I have Receivd Strict orders from His
Majesty forbidding any law to be past for ye future yx may affect ye
Trade or Navigation of ye Ships from England wch wil prevent ye
Receiving of ye Powd1' money for ye future from such vessels : this
order is to be Record6 in ye Councill books : & also in ye house of
Representatives : according to ye Instructions I have Receivd yl so
they may be Strictly Complyd wth
* 1 -24 1 * All I have farther to observe to you is yl The Colledge
at Cambridge is intirely Erectd at ye Charge of ye Masachu-
sets & yl since it hath been Very instrumental toward9 ye Incouragm*
of Religion & Learning : & yl ye youth of this Province Receive
great advantage in their Education from itt yl it wil tend greatly to
ye Reputation of this Province to Show y1' grateful acknoledgm1
of the benefitt your Children Receive thereby by Making some han-
some Present for ye augmentation of the Library —
Gen1 : Tis your Season of Harvest shal therfore be glad to permit
you to goe home as Soon as possible —
The house adjournd by ye Speakr till tomorrow ten a Clock —
25 Sep : The house mett according to adjournm" Present
mr Speakr Packer Davis Dam
Peirce Wiggin Odiorn
Denett Cap1 Gilman Reed —
Eastman
The house adjournd for two hours —
I7I9J JOURNAL OF THE HOUSE OF REPRESENTATIVES. 1 35
The house met according to adjournmtt al present as in ye morn-
ing—
The house adjournd til tomorrow 8 a Clock
26 : Sep : The house met according to adjournmt Present
mr Speakr Packer — Davis Dam
> Denett Wiggin Odiorn
Peirce Eastman Reed
Tebett Cap* Gillman
* Mr Jothm Odiorn Esqr & Cap1 Hugh Reed Enters their De- * 1-242
cent against ye Return of the Comitte for Setling ye lines &
Boundaries between ye Several Towns wthin this Province viz" ye
lines between Portsm0 & Newcastle —
Memorand — mr Speaker Packe mr Eph Denett & Josh Peirce took
out their Debenters to ys day for 25 days being al y* was then
Due —
26 Sep4 1 719 Josh Peirce Clr Assent
Wheras Coll : Packer ye former Speaker is this day Removd to ye
Council Board by his Excelencys order — & a new Speaker Chose in
his Room which was by a General vote cast upon Josh : Peirce who
was Presentd to his Excellency & acceptd —
The house Returnd from Council Chamber & Chose mr Eph Denet
Clr for ys house & Swore him to his office —
The house Sent for up into Council Chamber & Prorogud ym to the
first wensday in Decern1" next by his Excellency Sam11 Shute
26 Sep* 1719
2th Decern : 1719 : the house Mett according to Prorogation Present
mr Speker Coll : Ware mr : Dam
Eph : Dennet Majr Gillman Cap : Odiorn
Coll : Davis Cap : Gillman Cap Reed
Cap : Tebet Cap : Wiggins
Whereas there is an order from ye Bord of Tread for Riming ye
Devideing line Between this Province and ye Province of Masetusets :
Voted that mr Spaker Peirce : be : Chosen a commtte an out of this
house to joyne weith ye Comtte chon last may Sesons for that end
* Proroged to ye seccond thursday in Feby : next by his Honr * 1-243
ye Lu Govr : 2th: Decern: 1719 —
feb 11th : 1719/20 the house meet at time & place Present
mr Speaker Cap : Odiorn Eph : Dennet
Coll : Davis Cap : Reed mr : Eastman
Majr : Gillman mr : Dam
and Proroged to ye Last wensday in March
136 PROVINCE OF NEW HAMPSHIRE. [ I 7 1 9
30 march : 1720: the house met according to Prorogation Present
mr Speaker majr : Gillman mr : Dam
Eph : Dennet Cap : Gillman Cap Tebett
Cap Reed
and farther Proroged by his Honr the Litt : Govr to ye : 20 : day of
April next
Memorandom : mr John Dam took out his Debenter for his serves in
Gen11 Assembly from ye 25 : of march 1719 : to ye : 30: march
1720 being all that wass then Due which wass 24 : days —
April 20th 1720 — the house met according to Prorogation Present
mr : Speaker Eph : Dennet
Cap : Jno : Gillman & Majr Gillman
and Proroged to : ye : 26 : day of April
Memorand Cap: Hue Reed took out his Debenter for his serves in
Gen11 Assembly from ye 2 Day of may 1 719 to ye : 30: day of
march : 1720 — 17 : days being all yl was then Due
* 1-244 * 1720 April 26 ap : The house mett according to Ad
journ* or Prorogation Present
ye Speaker Cap1 Ocliorn Mr Dam
Coll : Davis Eph Dennett Cap1 Gillman
Coll : Ware Cap* Wiggin Cap1 Tebett
Maj : Gillman Mr Eastman
Votd y1 ye Speaker Coll : Davis & Cap1 Odiorn be a Comitte from
this house to joyne Such as shal be Chosen by ye upper house for
this year to auditt ye Publick acctls of ye Province & that they make
their returne to this house att this sessions
The house adjournd till Seven a Clock tomorrow Morning —
27 The house mett according to adjourn m" al Present as yesterday
& Cap1 Sherbun
Votd yl Cap1 Henry Sherbun be Clerk of ye house of Representa-
tives —
Adjoyrned for two Hours —
House Mett according to adjournment All present as In ye Morn-
ing—
Vottd That Mr Denet & Hen Sherburne be a Comyty from this
house to Renew Cor11 Vaghns Cor11 Walttons & Cap1 Wibirds Esqr
Bonds being part of So much money Lent them In 1 716 to Joyne
Shuch as Shall be Chosen out of ye uper house & In case of any
1720] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I 37
Refusal that ye Comite Shal have ful power to prosecute them Att
ye Comon Law
* His Excellencey Speach * 1-245
Gen11 Their being no Ships arived 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 ye Accounts Of
ye Province & make this Assirs 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 ye
fale Sessions —
And The house Adjourned till Eight a Clock To Morow Morn-
ing—
ye 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 ye Morning —
Votd That ye Excise be Continued for ye year Ensuing & that a
Comity be Chosen to take Care of ye Same
Votd That Cap" odiorne Esqr & Maj : Jo : Oilman Be A Comitte
from this house to Joyne Shuch as May be Chosen out of ye upper
— house To farme ye Excise for this present year —
Hen Sherburne Clarke
And the house is Adjourned till Eight A Clock to Morow morning
ye 29 And ye house Mett according to Adjournment All being
present
Vottd That forty Six pounds two Shillings 9/ Broken Bills of Creditt
be burnt In ye treasurey Which Was accordly Don In vew of
ye Ass11
* Aprill ye 29 1720 In Answer to his Excellcey Speach * 1-246
Vottd & 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 Exce1 had good News from great Britain to have a quainted us
We Shall Make all posibel Dispatch In ye Acctt of Province Haveing
Chosen a Comitty for to Adjust ye Same If your Exc11 Should have
I38 PROVINCE OF NEW HAMPSHIRE. [l720
any good News out of great Britain of moment that your Exc11 Will
be pleased to Comunicate it to us — Hen Sherburne Clk Ass1
And ye House is Adjourned for two hours —
And ye House Mett According to Adjournment As In ye Morn-
ing —
Whear as Mr Hugh Reed is one of ye Representitives for ye toune
of New Castel is gon with his family to Canser or Newfound without
Leave from this house & not Knowing When he Will Returne ye
Selecktmen of Sd town having adrest the Ass11 as it is their privilidg
to have two Members In this house & that orders may go out to fill
up that vacancey ordered that ye Selecktmen of ye town of Newcastle
Be notified for to Chuse one Representative against ye Next Setting
of this house of Ass11
Vottd That J° Hinks Esqrs Ace" on file is Suspended till Next Ses-
sions & if not paid by ye treasurer that their be an order for ye
payment of itt — the Vote of ye Counsel Conncured With Relate-
ing to Sa11 Hinks Pettion Relateing to ye Lott of Land Bought of
Edward Bolleys Widow
* 1-247 * 1720 ye 29 The Votte of ye Counsel Relateing to a Com-
mity being Chose for to Examing What Will be proper
for ye He of Sholes to be charged in ye province tax
In Counsel
That Richd Wibird & Thos Packer Esqrs be of a Comitty from this
board to Joyne wth Shuch as Shall be Chosen by ye House of Repre-
sentitives to Examing what will be proper for the He of Sholes to be
Charged in ye province tax & Report Itt to ye Geniral Asse11 att their
Next Sessions —
Red three times and Concurd With all
Vottd That Coll Pearse Speaker of this house & Lef" Deneck Is
Chosen to Joyne ye Comitty as above Relating to tax ye He of
Sholes
In Counsel Vottd
That Sam11 Penhallow& Marke Hunkings Esqrsbe of a Comity from
this board to Joyne With Such as Shall be Chosen by ye house of
Representitives to Examing What Will Be proper for ye town of
Kingstown to be Charged In ye pro5 tax in proportion of ye other
towns and Reporte it to ye Gen11 Assem11 at ye Next Sessions
Red three times and Concured With all —
Vottd Thatt Maj J° Gillman & Hen Sherburne be a Comity to Joyn
ye Gen1 of yc upper house for ye End as Above Said
1720] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 1 39
Vottd That his Excellency be presented With one Hundred pounds
And to be paid out of ye treasury —
And the House is Adjourned till to Morow Mn° Seven a Clock
Apr ye 30 And ye houes Mett According to adjournment All
present as yesterday - —
Vottd 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 ye Whol Debt be paid to
ye Sd province —
* April ye : 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 ye province tax and that ye
Same Comity Shall Se What alterrations are made in any towne or
parrish by ye Reasons of ye 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 Sd provs Rate Shall be taken of from
that towns proportion & aded to town Whear they now belong &
that ye Assem11 Shall proti that Money that is to be Raised In
Kingstown & Gosport Allies He of Sholes on ye Several towns In
sd province
Vottd That Agency \>q Improwerd to Sollicitt ye Province Interest
Att horn Relateing to ye Lines between this & Masathusets Exh
& that a Comitty be Chosen of both houses to Draw up Instruck-
tions for sd Agentt And that one hundred pounds Be given out of
ye treasury for his Encouragement —
^100
In Counsell
Vottd That Henry Newman Esqr be ye Agent for this province &
that Sa11 Penhallow Mark Hunking & George Jeffrey Esqr be of a
Comety from this Board to Joyn With Such as may be Chosen
by ye House of Representitives to Draw up Instructions for ye
Henry Newman Esqr Accordingly
Ricd Waldron CI of ye Coun
Red & Concured With all
Vottd Thatt Mr Speaker & Maj : J° Gillman & Hen Sherburne be
of ye Comity from this House to Joyne ye Comety of ye Upper
house
Vottd That ye L" Govr be presentted With ye Excise ye year Ensu-
ing—
And ye House Sent for up And prorouged till ye 24 daye of May
Next Ensuing Hen Sherburne Clk
140 PROVINCE OF NEW HAMPSHIRE. [ I J2Q
* 1-249 * Maye ye : 24 : 1720 And ye House Mett According to ye
Prorogatation & Adjour" Present
Mr Speaker Hen Sherburne Cap" odihorn Esqr
Lef" Denick Daniel Greenough Sqr Eastman
Mr J° Dam Cor11 Wier Cap" Wigens
Cap" Tibetts Maj : J° Gilman Cap" J° : Gilman
Vottd That ye Grand Comitty for ye Manigment for ye fifteen thou-
sand pounds be Desired to Lay ye Accounts Before ye Generall
Ass11 of ye Disposing of itt and of the yearly payments paid In —
In ye House of Representitives —
Upon Reading ye Pettion of J° & Jos Meade ordered that Nicholas
Meade ye father of J° & Jos Meade ye Pettioner be Discharged out
of ye prison on Condition that the Said J° & Jos Meade give good Se-
curyty to ye Sattisfacktion of ye Generall Ass11 to pay yearly and every
Year ye Sum of thirteen pounds Six Shillings & 8d Currant Money
for ye Use of ye Province for fiften years Ensuing or till they have
paicl or Discharged ye Sum of two hundred Pounds to gether With
all Prison Charges that has bin on Said Nicholas Mead ye father of
ye Pettioners —
Vottd That Maj : J° Gillman & Cap" Andrew Wigens be a Comitty
from this house to Joyne With two of ye Counsel to form an Ackt
for Strengthing of a Vote Past In ye General Ass11 Octob ye 3 :
1 71 7 Relateing to ye two parrishes In Portchmouth
George Jeffery & Richd Wibird Esqr was Joyned from ye uper
house to form ye Ackt Acordingly Which Was Don & Concured With
all
And yc House is Adjourned till to Morow Morning Eight A Clock —
Maye ye 25 And ye House Mett According to Adjournment All
present as yesterdaye —
* 1-250 * May ye 25th And the house mett according to adjourn-
ment all present as Yesterdaye —
May ye 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 voattd a Concurrance —
May ye 25 A Return e of the Comitty of both houses which was
Choase to tax Kingstoune in the province tax they having made ye
best Enquirye they could of the State of the Towne and are of
1720] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 141
opinnion thatt they paye a thirtyth 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 —
Voattd Thatt Kingstoune be now brought into the province tax for
fivety pound5 ; in a thousand pounds province tax or in proportion
be itt more or Less ; and thatt the^Treasurer issues out his Warrant
for raising Sd 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 Ass11 for ye Same & that What Ever former Vote has bin
past Relateing to Kingstoun paing of any tax to ye province to be
Void & Null
Sqr Eastman Desents against ye vote —
And this house is Adjourned till to morrow morning Eight a Clock
Maye ye 26 And ye House Mett According to Adjourn1 All Pres-
ent As Yester daye
Voattd Thatt a Committy be Chosen of ye Upperhouse to joyne
with the Committy of this house to burne whatt Banck money now
laye in the hands of the Gener11 Comitty5 hands and that Maijor
John Gillman and Mr Dennick and Mr Greenough is a Committy
from this House —
* Thatt Reading of a pettition from the Town of Kings- * 1-2 51
toune relating to a high way between Kingstoune and
Hamptoune —
Voattd Thatt the Case between Each towne be brought on again to
the Next Qutr Sestions for a Second hearing between towne and
towne and thatt each towne be Notifyed accordingly —
Voattd Thatt Mr Nicholas Mead be Sett outt of prisson having given
in Security by his Sons to Sattisfaction —
Voattd to be burnt of the Bank money and Burnt Accordingly Viz*
Shills Bill5 q4 £ S D
220,, 10,, 00
259,, 00„ 00
30 : 147
70 74
80 75
15 146
4/6 : 95
penney 15 49
300,, oo„ 00
109,, 10,, 00
21,, 07,, 06
3» 0I» °3
I42 PROVINCE OF NEW HAMPSHIRE. [172O
Shille Bill5 q* £ S D
12 : 37 : i„ 17,, 00
18: 42: 3,, 03,, 00
^918,, o8„ 09
And this house is adjourned for two houres —
And the house Mett according to Adjourment ; and all present as
in ye morning —
And the house is adjourned till to morrow morning Seven a
Clock —
May ye 27 And the house mett according to Adjourment all pres-
ent as Yesterdaye —
Voattd In Counsell
That his Honourable the Leftenant : Governour be desired to go as
far as Winter harbour to meatt the Deligates of ye Indians thatt shall
be appointed to Negotiatiate the Affaires aboutt ye Indians for ye
Supposed murder of an Indian man Hannock one of there tribe and
thatt one or two Members of ye board & as Many of ye house be
desired to Accompany the Said Leften1 Governour on the Sd 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 ye 27 And the house mett according to Adjorn-
ment and all present as in the Morning butt Cap1 Tebbetts
And the House is Adjourned till to morrow morning Eight a
Clock —
May ye 28 And the Hous Mett According to Adjourment Present
Mr Speaker Pears Mr Denick Cap" Grenofe
Maj : J° Gilman Capn odiorne Hen Sherburne
Cap" Gillman Mr Dame
Voattd 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 ye 28 1720 Read in Counsill and Concurrd withall
Voattd 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. 143
Read in Counsill & Concurrd withall —
We the Subscribers being a Comitty appoint^ by the Generall
Ass11 to orditt the publick accot 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 agaist persons Names Vizt
N° 1 — Co11 Packers Acco1 for 171 8 & 1719 —
2 — Will"1 Fellows Acco11 for 1719 — .
3 — Tos Smalle D° for 1719 —
4 — Left* Gouvr Wentworthi D° —
5 — James Jefferry5 D° —
6 : John Mardens D° —
7 — James Jefferry : for 3 Drafts —
8 — prisons account —
9 — Cleark of ye Counsill
10 — Cleark of ye Counsill remain^ due 171
* Ballance due from ye Treasurer as by his] generall Acco1 * 1-253
dattd May ye 24th 1720 £ 197,, i6„foi
Read in Counsill & Concurrd withall
The Treasurers account Currant of the State of the province for
1719 is Viz1
The whole debt of ye province is ^1140,, 00,, 01
The Creditt of ye province is £ 1 337,, 17,, 00
£07,,
04,,
05
02„
i5»
03
OI„
02,,
04
I4n
I5n
00
173,
I9„
00
07„
I2„
00
04„
IO„
00
433^
09„
05
60,,
OO,,
00
IO„
00,,
00
£ 55%
07,,
05
Ballnce due from ye treasurr to ye province is 197,, 16,, 01
Voattd 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 ye payments of ye
Severall Sums therein Mentioned in Cource and that Jn° Hincks
Acco1 be allowd him as ye Comitty of orditt report them if nott
proved by ye treasurer to be alledge paid & except five pound5 nine
shillings for ye running of ye new parrish of Portsmouth for which
we desire there may be orders given to ye Select men of ports-
mouth for the payments of ye Same —
The following Debentrs was taken out this daye from ye 2d of Maye
1719 till ye 28th of May 1720 — Viz1
Major John Gillman — 27 Days Cap1 Jothan Odiorne 27 Days
Cap1 John Gillman — 34 D° Sam11 Eastman Esqlire 13 D°
Cap1 Sam11 Tibbetts — 25 D° Cap1 Andrew Wiggens 33 D°
Cor11 Peter Wier— 16 D°
144 PROVINCE OF NEW HAMPSHIRE. [172O
And this house is proroged & Adjourned till ye 23d of August
next followinge — Tusedaye —
* 1-255 * Portsmoth N : Hampshre July ye 22d
Mr Henry Newman
Sr : 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 Lu1 Gov-
ern our —
Sr 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 ye 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 Goverment5 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 ye affair before them as may be proper so soon as Conveniently
may be and thatt there may be a Right Apprehention of ye Matter; you
have herewith a Mapp or Draught which you may Depend is very
Exact & Correct
* 1-256 * The extent of this Prove is all the Land between ye
Massachusetts And ye prove of Main our South bounds is
three Miles North from ye 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 ye head of Nichewanack river
and from thence a very few Degrees Westwd of ye North up into ye
Main Land as on ye Southern line which bounds are prick* out on ye
Mapp and we Conceive agreable to ye Royall Charter granted to Mas-
sachusetts but ye Commissioners of thatt Goverment have always
Insisted on other Lines as are also Marked out on ye Draught which
if granted to them would Render this provce a very Little one in-
deed —
Whereas his Majesty has Lately Prohibited any 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. 145
pence of our Castle and the Stock being now very Low you are
Desired to Lay thatt Matter before ye proper board in order to obtain
ye Royall bounty therein and you are to be Vigelent in Dilegently
Enquiring into all Complnt thatt May be made agst this Present Gov-
erment and in pursuing every thing thatt may be promoted ; for ye
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- * 1-257
ing of Iron here May nott be obstructed butt Encourgd and
thatt some better Encouragm* may be granted : for raising hemp and
Flax which if pursued this Country ^might in a Little time furnish the
Crown with a Considerable Supply ; Thatt ye Surveyor Gener11 of ye
Woods may be directed to preserve ye 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 ye Crown of which there are multitudes of trees thatt are
rotting on ye Ground thatt might make good Lumber fitt for ye Lon-
don Westindia Marcketts by ye Latch of which a Considerable Rev-
ennue arriseth to ye Crown We Desire you will accquaint us from
time to time of your proceedings in ye Premisses and Salute you with
greatt Respects as a Comitte of this Goverment and are Sr
Your very Humble Servants —
* 23 : of Augst 1720 Tuesday ye 23 of August 1720 this * 1-259
house Mett According to Adjournt & Prorogation Presentt
Mr Speaker Pears Mr Dam Judge : Odiorne
Cap" Wigens Capu Greno Maj Gilman
Cap" Gilman Cor11 Davis Hen Sherburne Clk
MrDenick Maj. Wier
And this house is Adjourned till to Morow morning Eight a Clock
ye 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 ye Morning
And this house is Adjourned till To Morow morning Eight a
Clock —
ye 25 And this house Mett According to Adjournment All Present
as yesterday Butt
Vottd That five Hundred pounds of ye fiftene Hundred Pounds to
be Raised this present year by an Ackt Made In ye year 1716 be
I46 PROVINXE OF NEW HAMPSHIRE. [172O
Removed till ye Next year Ensuing 1721 And that ye thousand
pound Raised Do Ly In ye 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 Augst ye 26 : And This House Mett According to Ad-
journment Present
Mr Speaker Pears Mr Dam Judg odiorn
Cap" Gilman Mr Denick Maj : Gilman
Cap" Greno Cor11 Davis Hen Shurburne Clk Ass
Cor11 Wier
ye Pettion of Will Stills Will Blackston Howard Henderson &
Comp" Reding of ye Pettion We have Vottd that they May Have A
Hearing before ye Governer & Counsell provided they pay all former
Charges & that a Comitty May be Chosen out of Both Houses to
form an Ackt accordingly —
And this house is Adjourned for two hours
And this house Mett According to Adjournment Present as In ye
Morning —
Vottd That ye one hafe of ye fifteen hundred to be Raised this pres-
ent year by Virtue of an Ackt Made In 1 716 be paid Decr Next
and ye other hafe In Aprill Ensuing and that ye treasurer Ishu out
his Warrants accordingly —
In Counsel Red & Concured With all —
Vottd Whear as our House haveing a pettion from Mr 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 ye petion & a Memorial to ye Upper House
Which Lays on file In ye Clarks offis —
Vottd That Cor11 Wier & Cap" Greno be a Committy from this
house to Joyne With ye upper house to form A Bill to Enabel Wi11
Stiles & Company of Cochecha point to Bring forward their Ack-
tion of Appeal before ye Govener & Counsel —
And this Hous is Adjourned til to Morrow morning Eight a Clock —
* 1-26 1 * August ye 27 1720 And this House Mett According to
Adjournment all Present as yesterday —
Vottd That His Excelency be presented With one Hundred pounds
to be paid out of ye treasury When Brought In to ye treas —
Recd Into this House Eleven Bonds from Cor11 Packer Viz"
1720] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 1 47
Cor11 J° Wentworths for
^200 —
Cor11 Richd Waldrons for —
■ 200 —
Mr Sa11 Penhallows for —
200 —
Cor11 Georg Vaghn for —
200 —
Mr George Jeffers for —
200 —
Cap" Richd Gerrish for —
200 —
Mr Theodore Adkisons for -
— 200 —
Mr Nathanel Rogers for —
150 —
Cap" Richard Wibirds for-
- 50-
Mr Gamblings — for —
100 —
Cor11 Luthrick Waltron for
30 —
^1730:00:
The above Bonds Is Dellivered Into Cap" Joshua Pearses Speaker of
this House Hands to take care of for ye 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 Mr Clark Waldron that this
House do now Attend Him In ye Counsel Chamber Mr Speaker
and This House Went up Accordingly And then Mr Clark Waldron
Declared that it is his Excellenceys Pleasure that this General Court
be prorogued to tusday ye 27 of Sepbr Next att 10 a Clock In ye
Morning And itt Was accordingly Prorogued
Hen Sherburne Clk. Ass11
* Tusday ye 27 of Sepbr this House Mett According to Pro- * 1-262
rogation Present
Cap" Denick Cap" Greno Maj. Gillman
Cap" Gillman Cor11 Davis Judg odiorn
Mr Dam Cor11 Wier Hen Sherburne Clek Ass11
27 : 1720 And this Hous is Prorogued by His Hor Leftenant Gov-
ener till tusday ye 8 day of Novr Next 1720 —
Cor11 Petter Wier toock out his Debenter this Daye being In all 10
dayes —
Cor11 Davis toock out his Debenter this Daye being In all 31 dayes
for their Servis In ye Generall Ass11
Hen Sherburne Clak Ass
Tusday ye 8 day of Novr 1720 And this House Mett According to
Prorogation Present
Mr Speaker Pears Cor11 Davis Mr Dame
Maj. Gilman Cap" Gillman Hen Sherburne Clark Ass11
Cor11 Wier
I48 PROVINCE OF NEW HAMPSHIRE. [ 1 72 1
And this House is Prorogued By order of the Lef" Govener & Coun-
sell till tusdaye ye 6 of Decr Nextt 1720 —
And this House Mett According to Prorogation Present
Mr Speaker Pears Cap" Wigens Major Gillman
Cap" odiorn Sqr Eastman Hen Sherburne
Mr Dam
* 1-263 * And this House Is Prorogued By order of ye Left" Gove-
ner And Counsel till ye 24 of Janur Nextt 1 720/1
Mr Speaker Pears took out his Debentur till ye 6 of Decbr 1720 being
thirty three dayes Which Is all that is Due to this time for ye town
of Portchm
Hen Sherburne tooke out his Debentur till ye 6 of Decr being In all
twenty Six Dayes for Portchm to D° 26 Dayes as Clarke to ye Gen-
erall Ass11
Decembr ye 27 1720 Mr Ephriam Denick took out His Debenter
from ye 26 day of ^Sepr 1 7 19 till this Daye being thirty one dayes be-
ing all that is Due
1 720/ 1 24 Janr The house mett according to Prorogation Present
Speakr Peirce Joth : Odiorn Esqr mr Greenough
The house Prorogud By his Honr L1* Govr Wentworths order to ye 21
Mar : next f mr Richd Waldron Clr Con11
21 Mar : 1 720/1 The house mett according to Prorogation Present
Speak1" Pierce mr Greenough
Joth : Odiorn Esq1" mr Dam
the house Prorogud By order of L" Govr Wentworth to aprill 18th
next ensuing
f Sam11 Penhallow 1 R
& : Geo : Jaffrye j 4
18 of April 1 72 1 the house met according to progation Present
mr Speker Pierce Coll : Wiear John Dam
majr : Gellman Cap : Odiorn mr Eastman
Cap : Gillman Cap : Greenough Eph : Dennet
* 1-264 * l$ aPr l721 In ye house of Representatives
Votd y* Cap1 Eph : Denett be Clark of this house til farther
order —
Votd that Coll : wier major Gillman and Cap Odiorn be a Comette
from this house to joyn with such as shall be Chosen in ye uper
I72l] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I49
house to auditt the Publick ace" of this Province and yt they make
Return there of to this house
Chosen in ye uper house Coll : Hunkins George Jafrey Rich :
Wibird Esqrs for ye end above sd
the house is adjournd till tomorrow Eight of the Clock
April the 19 the house Mett according to Adjournment being all
Presant as yesterday & Cap Wiggan & Con11 Davis
*The house being Informed by a Letter or Memorial from * 1-265
Mr Record1" PenHallow yl there are Severall files in his
office Promiscuously Bound up yt ^Belong to other offices and also
Many Papers of Publick and Personall concern in ye Hands of
Maddam Story & Some Entrys of Deeds &c : in ye Regester5 office
upon which we are of Opinion yl it is Necessasary for ye Genr As-
sembly to Appoint a Committee to Examine into those Affairs and
Dispose of all Papers into their proper Office
Votd That mr Speaker Peirce & Jotham Odiorne Esqr be of ye
Committee from this house to Joyn such as May be Chosen of ye
Upper house for ye Ends abovesaid
19th Ap : 1 72 1 Read three Times & Sent up for Concurance
Eph : Dennet Clark
Votd yl Coll : Daves and Cap : Tepets and Cap : Wiggins Be forth-
with sent for to give there attandance in this house and they are
accordingly notified Eph : Dennet Clark
the house is adjournd for an houre an half
the house met according to adjournment all Presant as in the
Morning —
Whereas ye Act for ye Incouragement of Sowing and Curing of
Hemp being Near Expired
Voted That ye Said Actt be Revived and Continued Three years
after ye 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 ye Penalty of the Law Takes
Effect from year to year Causses a Great Neglect which is Much to
ye 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 ye Time
being to be oblidged to procure and Provide Sd Schools and in
Case of their Neglect for ye Space of one Month after ye Publica-
150 PROVINCE OF NEW HAMPSHIRE. [l72^
tion hereof They Shall Forfiet and Pay ye Summ of twenty pounds
to be Applyed to Defray ye 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
Mr Speaker Cap : Tepets Eph : Dennet
Cap : Odiorn Cap : Weigin major : Gillman
Cap : Greenough Mr Estman Cap : Gillman
Coll : Daves Mr Dam Coll : Wier
this house is Adjourned for tow hours
the house Mett all Preseant as in the morning
Votd that Major Gillman and Cap : Odiorn be a Comitee from this
house to joyn weith Sam11 Penhallow and Tho : westbrook Esqrs of
ye uper house to Draw up the above sd Act Releting to the Scholl
* April 21-172 1 Votd 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
Mr Dam be a Comittee to joyn weith such as shall be Chosen in
the uper house for that end — Eph : Dennet Clark —
In Coun11 Votd Concurrance
and that : Geo : Jaffry & Tho Packer Esqrs 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 : Coun1
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 Gen11 officers Chosen for Surveying land weithin
this Province
Votd that his Excellency & ye Honrble Board be Desired to joyn
with ye Representatives in Chosing a Comitee of both houses to
forme a Bill for Regulating y* affaire & that the High ways in ye
severl towns wthin this Province maybe Repaird by labor under ye
Direction of Surveyors as formerly
Votd 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 Councell and Concured weith
Votd that major Gillman & Cap : Odiorn be a Comitee from this
I72l] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 151
house to joyn weith Such Gentlmen as are chosen in ye uper house
for that end
*22 April In ye house of Representives * 1-268
Voted That majr Gillman & Cap : Odiorn be a Comitee to
joyn weith Sam11 penhallow and Tho : Westbrook Esqrs : to form a
Bill for : ye 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 apr 1 72 1 The house mett according to adjournm" Present
mr Speakr mr Odiorn Cap Gillman
Cap : Wiggin mr Dam Coll : wier
Cap : Tepets mr Dennett Coll Davis
Cap : Greenough majr Gillman
* Votd That an addition be made Unto ye Act of Criminal * 1-269
offenders to Prevvent Riuts for the Better preserveing of
the peace within this Province Rich : Walldron Cler : Con1
April 22d : 1721 In the house of Representatives Red and Concured
weith
Votd that Majr Gillman & Cap : Odiorn be a Comitee from this
house to joyne such as may be chosen by the uper house for ye
end above sd
The Petition of Joseph Chesley of Oyster River being Red in ye
house & Considerd
Orderd yt ye Petition1 be paid twenty Pounds out of ye Treasury
Providd he give a discharge to ye Province of any farther Claime or
Demand on ace" of any matter or thing Containd in sd 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 ye Last of March
to ye Last of Octor which Giveth a Liberty of five Months for those
Horses to Brake over ffences and Tread and Spoil our Meadows
Much : to ye Dammage of Many People
Voted : 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 ye Penalty of the Law
Provided in ye Former Act —
Majr Gillman & Cap : Odiorne be a Committee ffrom this House
I52 PROVIN'CE OF NEW HAMPSHIRE. [172 1
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
Votd that the Prayer of the petition be granted
The Petition of Thos Palmer Esqr : of Boston being Read and
Considered
Votd 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 mr Eastman
memorandom : that one thousand pound be payd In to the Treasury
this presant year
Votd that our solgdiers att the Eastward be Brought home & if
there be ocasion that they be improvd 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
* 1-27 1 * 25 April 1 72 1 The titils of Sundry Acts viz :
an act for ye 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 ye House of Representatives
Voted That ye Powder belonging to ye ffort : which is under ye Care
of M1' Treasurer Penhawlow be Removed into ye Powderhouse in
ye ffort under ye Care of ye Commander for ye Time being
Ap : 25th 1 72 1 Ephraim Dennet Clerk Assm
I72l] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 1 53
In Council nonconcur weith
Votd that his Excelency be presented weith one hundred pound out
of the Publick Treuseruy
Votd that mr Speaker Pierce Cap Odiorn and Eph : Dennet be a
Comitee from this house to joyne weith Coll : Hunkin and Coll
Waltton of ye uper house to tell over the Intrest money of the
fifteen Thousand (15000) pounds in order to be Burnt
*2 5 April Votd that his Excelency be Deisired to pass an * 1-272
act that the Representavi 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 mr Eastman
Eph : Dennet Majr Gillman Cap : Tebett
Cap : Odiorn Cap : Gillman mr Dam
Coll : Davis
the house is adjourned till to Morrow Eight a clock
Con11 Ware Present yn
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 Lieuetnt Governours Speech
Gentlemen
17th Governours Shutes Affairs of his other Govern^ 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 ye Nesscessary business of ye
Goverment for ye Effecting of which My best Endeavours Shal not
be wanting and I Shall promote Every thing that may tend to his
Majtts Interest and ye Welfaire of this Govern^ —
I Recomend to your Consideration the State of his Majsts Fort Wil-
liam and Mary and your Care must be Not Only to Raise mony for
ye Repairing that fortification but also for ye 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 Def enceable Forti-
fication I hope what Little was Done Towards it the Last year wil
11
154 PROVINCE OF NEW HAMPSHIRE. \\*]2 1
be to your Satisfaction and you may Depend what mony Shal be
Raised hereafter for that Service Shal be faithfully Applyed — It
has Been ye 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 ye
Brittish Nation : you will also have an Oppertunity to Shew your
Respect to his Exelency Our Governor Thankfully Acknowledging
his Majesties ffavour in Continuing as Governour to us So Just to his
Majsts Interest, and willing to promote the Best Interest of this
People I am of opinion that the Keeping our Port Open is a Disad-
vantage to ye Goverm1 So hope you will take it under your Consider-
ation Jn° Wentworth.
In ye House of Representitives
Ordered y* ye Town of Hampton be forthwith Notified to Send two
Representitives into ye House to Serve his Majsty in Generall
Assembly. Dan11 Greenough Clerk : Ass —
The House is Adjournd till two a Clock —
Accordingly ye House Mett (Allso : Coll : Weare)
The House is Adjournd till Tomorrow, Nine a Clock Excepting ye
Committee Appointed for perticular business
May 1 8th ye House Mett according to Adjourm* Viz
Mr Speaker Con11 Davis Mr Dennett
Majr Gillman Cap: Greenough Cap: Wiggans
Cap : Gillman Cap : Odiorne Con11 Wire
Mr Eastman Cap : Tippetts Cap : Sherborne
Mr Dam
* 1-274 * May 18th The ffollowing Setts of ye Bank Mony was
Burnt This Day in Pressence of ye Generall Assembly viz :
59 : 4£ Bills
56 : $£ 10s Bills
144: 30s/ Bills
52 : i5d Bills
94 : 1 5s/ Bills
• 95 : 4s/6d Bills
43: is/6d Bills
27 : is/ Bills
Sundry Broken Bills
Amo* of yc Whole — 780 :
The House is Adjournd till two aClock
£236:
0:
0
196:
0 :
0
216:
0:
0
2 :
0 :
0
70:
10:
0
21 :
7:
6
3:
4:
6
1 :
7 '•
0
■> 1 •
jo •
6:
9
I/2I] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 1 55
The House Mett According to Adjornmet & all Present as in ye
Morning
More Burnt ye Same Day Viz :
2 70s/ Bills £7-0-0
4:80s Bills 16: 0: 0
3 : 30/ Bills 4: 10: 0
4:15s/ Bills - - 3:0:0
30 : 10:0
Amo1 of ye Whole 810: 10: 9
* In ye House of Representitives v * 1-275
Voted That Mr Treassurer Penhallow be Impowered to
Recover and Receive the Interest of ye Publick Mony of ye Prov :
Lett out att Six ^cen1 to ye Severall Gentn under Written — Viz :
Lieutn1 Governour Wentworth for .£200 —
Con11 Waldron D° 200 —
Mr Treassurer Penhallow D° 200 —
Coll : Geo : Vaughan D° 200 —
Geo : Jaffry Esqr D° 200 —
^Cap : Richd Gearish D° 200 —
Theo : Atkinson Esqr D° 200 —
Mr Nathan11 Rogers for 150 —
Cap : Richd Wiberd for 50 —
Mr Benj Gambling for 100 —
Con11 Shad : Walton for 30 —
and that ye Said Mr Penhallow be accountable for ye Same and he is
hereby Authorized and Impowerd for ye Ends above Said
18th May 1 72 1 Daniel Greenough CI : Ass
Read in Councell & Concurred
Voted y* a Comtee 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 ye End aforesd are Viz : Cap :
Sherbourn Majr Gillman and Cap : Peirce to Join Such as may be
Chosen of ye upper house
18th may 1721 Sent up for Concurance
The House is Adjournd till nine a Clock to Morrow Morning
* May 19th 1 72 1 The House Mett according to Adjornm* * 2-276
Viz:
Mr Speaker Cap : Gillman Cap : Tippetts
Cap : Sherbourn Eph : Dennett Mr Eastman
Cap : Wiggan Con11 Davis Con11 Ware
Majr Gillman Cap : Odiorne Dan11 Greenough
Mr Damm
I56 PROVINCE OF NEW HAMPSHIRE. [*72I
Voted That Coll: Walton be Returnd Thanks for his Agency and
Good Service Done to this Pro : at ye Eastward and that he be
Presented with Ten pounds to be paid him out of ye Publick
Treassury —
Voted yl a Commtee of one Member out of Each house be
Appointed to Survey the Stores of Powder Belonging to his Majts
ffort William and Mary and that ye Same be Removed into ye
Powder house within ye Sd ffort under ye Care of ye Cap : for ye
Time being Cap : Odiorne is apointed for ye Comtee above Sd and
they are to Make Report of ye Quantity of ye Stock to this house
The House is Adjournd for an hour & Half —
and y° house Mett according to Adjournm1 all present as in ye
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
19th The House Mett According to Adjournmen" Present
Mr Speeker Mr Damm Cap : Wiggan
Majr Gillman Dan11 Greenough Cap : Tippetts
Coll : Ware Mr Dennett Cap : Odiorne
Coll Davis Mr Eastman Cap : Sherbourne
Cap : Gillman
* 1-277 * Hampton May 17th 1721
Mr Greenough Sr
We Recd ye Order of Assembly and in Obedience to Said order we
Gave Notice to ye ffreeholders in Sd Town to Meet this Day att
three of ye Clock after noon and Accordingly they Did Meet and ye
Order of Assembly was Read to them and the Constable Desired
them to bring in their Votes but the Brought none in —
Sr I am yrs to Serve
Jabez Smith in Behalf of ye Select men
yc answer of Hampton Recd 18th May 1721
In ye House of Representitives
Ordered That y° Treassurer Receive The Powder of ye Severall
Vessells Trading in this Province according to ye Actt y* Provides
for ye Same
19th May 1 72 1
In ye House of Representatives
Voted yl Cap : Andrew Wiggan Join with the Committee Chosen
yesterday to Consider of ye Expediency of Making More Bills of
I72l] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I 57
Creditt and Pray that they May Proceed as Soon as May be on y1
Affair
The House is Adjournd for two Hours —
The House Mett according to Adjournm* all Present as in ye
Morning —
Mem0 Mr Jn° Damm Took out his Debentor from ye 30th March
1720 untill ye 19 May 1721
* In ye House of Representitives * 1-278
Voted yl ye Treasurer for ye Time being is Authorized and
Impowered to Recover and Receive from John & Joseph Mead
thirteen pounds and five Shillings Anually for ye Space of flveteen
Years which is Due from Sd Meads as Appears by a Certain lu-
strum* under there hands and Seals as on file
19 May 1 72 1 Dan11 Greenough Clerk Ass
The house is Adjourned till tomorrow Eight a Clock
May 20th and this house Mett according to Adjournment Pressent
Mr Speak1" Peirce Mr Eastman Cap : Gillman
Con11 Wire — Greenough Cap : Odiorne
Con11 Davis Cap : Wiggan Epham Denett
Mr Damm Majr Gillman Cap Sherbourn
The house is Adjourned to ye Second Tuseday in July Insuing.
May 20th 1 72 1 The following Debentors were Taken out Viz
Majr Jn° Gillman 32 Days
Cap : Jn° Gillman 29 Days
Cap : Wiggan — 26 Days
1 72 1 July 11th and according to Adjournm1 ye House Mett Present
Mr Speaker Peirce Cap : Gillman Cap : Wiggan
Major Gillman Cap : Odiorne Dan11 Greenough
Cap : Sherbourne Mr Damm
* By ye Lords justices — Parker — Townsend — New Castle * 1-279
Devonshr — Craggs —
Addititionall Instructions to Sam11 Shute Esqr His Majest5 Cap :
Generall and Governour in Chief of his Majests Province of New
Hampshr in New England in America or to ye Commander in Cheif
of his Majest3 Province of New Hampshr for ye Time being Given at
White Hall ye Twenty Seventh Day of Septemr 1720 in ye 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 ye Same
I58 PROVINCE OF NEW HAMPSHIRE. [i 72 I
in lieu of Mony in order to Discharge their Publick Debts and for
other Purposes from whence Severall Inconveniences have Arose it
is therefore his Majestes Will and Pleassure that for ye future you Do
not Give your Assent to or Pass any Actt in His Majestes Province of
New Hampshr Under your Government whereby Bills of Credit May
be Struck or Isued in Lieu of Mony or for Payment of Mony Either
to you ye Governour or to ye Commander in Cheif or to Any of ye
Members of his Majesties Councill or of ye Assembly of ye Said Prov-
ince of New Hampsh1' or to any other Person whatsoever without a
Clause be Inserted in Such Actt Declaring yl ye Same Shall not take
Effect untill ye Sd Actt shall have Been Approved and Confirmed
by his Majesty Excepting Actts for Raising and Settling a Publick
Revenue for Defraying ye Necesesary Charge of ye Government of
ye Sd Province of N : Hampshire According to ye Instructions Al-
ready Given you : by there Excelencies Command
Charles Delafay
* 1-280 * The House is Adjourned for two Hours
The House Mett According to Adjournm1 and all Present
as in ye Morning Likewise Con11 Davis Con11 Weare Mr Dennett
The Petition of Israel Ciiford was Read in this House and ye
Prayer of ye Petition Denied
A Petition of Doctr Pike Was Read in this House and Con-
sidered —
Voted y1 Doctr Pike be Allowed and Paid four pounds out of ye
Treasury of Such Speacia as Shal be ordered for Defraying ye
Growing Charge of ye Province for ye year 1722
A Petition of Doctr Allin was Preffered to this House and Read
and Dismist
The House is Adjournd till tomorrow Morning Eight a Clock
12th And ye House Mett According to Adjournm1 Present
Mr Speaker Peirce Mr Eastman Cap : Wiggan
Mr Dennett Major Gilman • Cap : Sherbourne
Mr Damm Cap : Gilman Con11 Weare
Greenough Cap Odiorne Con11 Davis
* 1-28 1 * In ye House of Representatives
Voted : That Mr Speaker Peirce Cap : Sherbourne Majr
Gillman & Cap : Wiggan be a Commitee To Join Such as may be
Chosen in ye uper House To fform an Actt for ye Printing of a
Summ of Bills of Credit on a Good foundation To be Sent Home
for ye Royall Approbation
I?2l] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 1 59
Sent up for Concurance & Concurd.
The House is Adjourned for two Hours
The House Mett according to Adjournmt & all Pressent as in ye
Morning
Voted in house of Represente that there be an Act of Excise
Impost and Export viz1 That all Rum imported from all parts Ex-
cept from ye place of its groth shall pay twenty shillings per hoggd
And so Pro : Rat for Leser Quanteys that all wine Except from ye
Place of its groth : vizt : madera wine Twenty shillings per Pipe
fayall & Georges and Canarey fifteen shill : per Pipe and so Pro :
Rat for Leser Qunteys that all Inholders pay 6d ^ gall for Rum
& wine & 10 ^ bar11 for sider and Retailirs Pay the Excise of 2d
per gallon on Rum and 2d per gallon on wine and Is per Barrel for
sider all which to be payd in Province Bills of Credet or Winter
Marchantable ffish at ye Price as it Shall beare in ye 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 ye West Indies which Shal be Paid in
Province Bills of Credit or Merchtbl boards at ye Currant mony
Price at New Casstle to a Receiver appointed for that Purpose
Mem0 The above Vote Noconcurrd
* July 13th The House Mett According to Adjournm1 * 1-282
Present
Mr Speaker Peirce Mr Damm Ephraim Dennett
Con11 Davis Mr Eastman Cap : Odiorne
Con11 Weare Majr Gilman Cap : Sherbourne
Cap : Wiggan Cap : Gilman Greenough
Voted yt Jonathan Wiggans Shal have ye fery at Stretham on ye
South Side of Exetor River over against Cap : Richd Hiltons house
and the Improvem* thereof for ye Space of twenty nine years and
Half from ye 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 yt ye Sd Wiggan Allow to all
Travelers Sufficient way or Passage from ye King's Road Down to
ye fferry as ye ways now Go : he having ye Liberty of Hanging
Gates where Needfull in Sd 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 Give Due
Attendance on ye Penalty Provided by ye Law in ye Like Casses
l60 PROVINCE OF NEW HAMPSHIRE. [X72I
and that Sd Penalty Shal not be in force against Sd Wiggans untill
ye 25th Day of March Next after ye Date hereof
Sent up for Concurance & Concurd withall
Voted )rt 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 Adjournd for an hour and half —
The House Met According to Adjournm1 and all Present
as in ye Morning
Whereas ye Title of ye Act Past in Gen1 Sessions of ye 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 yl Sd Act be not
Printed
Sent up for Concurance & Concurd
The house is Adjournd till Eight a Clock to-morrow Morning
14th The House Met According to Adjourn1 Present
Mr Speaker Peirce Cap : Odiorne Coll : Davis
Cap : Gilman Mr Eastman Greenough
Cap : Wiggan Ephraim Dennet Majr Gilman
Cap : Sherbourne Mr Dam
Voted 1 : That there be an Actt of Excise Impost & Export Viz1 —
2d'y yl all Rumm Imported from ye Plase of its Growth Shal Pay
10s/ %^ Hhd and So prorato for Lesser or Greater Quantities —
3d y1 all Rum Imported from any place but ye Place of its Growth
Shal Pay 20 s/ ^ hhd and So prorato for Lesser or Greater Quan-
tities
4 : yl Cannary and Madara Wine Shall pay 20s/ fJ Pipe y* is Im-
ported from any place but ye Place of Growth and So prorato
5 \rt Canary and Madara Wine Imported from ye place of Growth
Shal pay 10/ f) pipe & So prorato —
* 1-284 * 6 yl ffiall and Sl Georges wine Shall Pay 15s/ f pipe That
is Imported from any Place but ye place of Growth & So
prorato —
7 yl all ffiall and Sd Georges wine Shal Pay 8/ ^ pipe Importd
from ye Place of Growth &c
8 yl all Taverners and Inholders pay 8d ^ Gall : for Rumm and
Wine & al Spirits and is/6d ^ Bar11 for Cyder Excise
9 yl all Retailers Pay 2d ^ Gall : on Rum and wine which Shal
be paid in Province Bills of Cr : or Merchtble Winter fish at ye Price
I/2l] JOURNAL OF THE HOUSE OF REPRESENTATIVES. l6l
as it Shal bear in ye Month of June Anualy to a Receiver
Apointed for that Purpose
io y1 all Boards Exported from this Port Shal pay 2s/ ^ m/ Ex-
cept what is Exported for Europe or ye West Indies which Shal be
paid in pro : Bills of Cr : or Merchtbl Boards at ye Currant price to
a Receiver Appointed for that purpose
ii yt ye Duties and Excise be paid in Speacies or Prov : Bills of
Cr:
12 y* all Taverners Inholders and Retailers shal be under Oath 4
Times in a year to ye 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 Merchtbl ffish Exported from this Province Except
what Shal be Exported to Foreign Parts Shal Pay 1 2d °^ Quintal
to be pd in Pro : Bills of Cr. or Speacia —
14 yt all Taverners and Retailers be allowed 1/5 part for wastage
Voted yt all Pedlers and Incomers v* Shal Trade in this Province of
New-Hampshr Shal Pay 2\ ^ Sent — for all their Trade as they
shal Give in upon Oath
Voted y1 Coll Davis Majr Gilman and Cap Odiorne be a Comte to
Join Such as may be Chose in ye uper house to form a Bill accord-
ing to ye Preceeding Vote
*ye Vote on ye other Side Sent up for Concurance & Con- * 1-285
Currd Mr Penhallow Mr Wibird Mr Geo : Jafry a Commtee
from ye uper house
the House is Adjournd for an Hour & half
The House mett according to adjournm1 and all Present as in ye
Morning
Whereas there was an Act Past in ye year 1716 for one Thousand
Pounds Bills of Cr : to be Paid into ye Treasury in ye year 1721 and
Considering ye Dificulty of Making Payments Through ye Scarcity of
mony and hoping yt ye Excise &c with what Stock is in ye Treasury
may be Sufficient to Defray ye Pro : charge for this Present year
Voted yt ye Sd Thousand Pound be Removed to ye year 1728 ; Sent
up for Concurrance and Lyes under Consideration
For as Much as there is Several Tippling houses in this Province
v* Privately Sell Strong Drink without Licence and are So Very
Private in it is hard to Make Proof of ye Same —
Voted y* Every Justice of ye peace within this Province be Impow-
ered to Summon all Such Psons as they shall have Information off
yt Do at any Time Drink Strong Drink in any of those houses and
162 PROVINCE OF NEW HAMPSHIRE. \_l72*
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 Majsts Goal there to Remain untill they take Such Oath as
aforesd and Every Person So Selling being Convicted pay a fine of
five pounds to be Collected & Disposed as ye Law prvides in
* 1-286 ye Like Cases * and y4 all Licenced houses within this
Province Shall Constantly be provided with Beer or Cyder
for ye 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 —
Majr Gillman Con11 Davis & Cap : Odiorne be a Committee to Join
Such as May be Chose in ye uper house to form Sd act
Sent up for Concurance & Concurd with
The House is Adjournd till Seven a Clock to Morrow Morning
15th According to Adjournm* ye house mett Present
Mr Speakr Peirce Cap : Odiorne Mr Damm
Coll : Davis Cap : Sherbourne Greenough
Cap : Gilman Cap : Wiggan Cap : Dennett
Majr Gilman Mr Eastman
15th July 1 72 1 Burnt of ye Bank Mony in ye face of ye Genr Assem-
bly—^234: 5 : 6
Voted yt yr be a Receiver of ye Boards Mentioned in ye Act at
Dover and Exeter
Sent up for Concurance & Concurd with
* 1-287 * Cap : Odiorne & Greenough Enter their Decent against
ye Duty of fish as in ye Act
Voted y* his Honour ye Lieu1 Govr Shall be Presented with a hun
dred pounds to be pd him out of Excise in Specea —
the house is Adjournd to thirdsday ye 20th of this Instant July
1 72 1 July 20 The House Met Acording to adjourm* Present
Mr Speak1" Peirce Con11 Davis Cap : Wiggan
Majr Gillman Cap : Sherbourne Greenough
Cap : Odiorne Mr Eastman Mr Damm
Cap : Gilman
The House is Adjournd for two Hours
The House Mett According to Adjournm* all Present as in y°
Morning
* 1-288 * 1 72 1 Mr Treasur Penhallow5 ace" Allowd
by ye Comitte of Audit brought in & Seteld
to ys day 15 July 1721 Dr to ye Province tax on ye
Several Towns in ye year 1720 amounting to ,£1600 : o : o
I/2l] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 1 63
to ye Interest of ye Money Due ^ Bond from Sundr
Gentn wch Bond3 terminates 27 Octr annually —
to The interest of Jn° & Joseph Mead5 Bond ye first
payment Due ye Second tuesday of may 13/5/0 ^
annum — 13:5:0
* 1 72 1 15 July Conr Crd * 1-289
By ye Ballance of yr ace" allowd this day - ^758 : 5 : 1
* Province 1 19 ap : 1721 att a Meeting of ye Com- *i-290
N : Hampshr ) mittee for Auditing Prov : The following
acots Allowed Viz : — v
ily Acott Satisfaction made for ye Death of ye Indian
Supposed to be hermach Murdered in ye Prov : and
ye Lieu* Govers &c : Going Eastward to Make ye
Present ^91:14:5
2 Muster Role Signd ^ Cap : Moody Souldiers at ye
Eastward Under his Command — 203 : 7:3
3 The Treasures aco" Provisions &c for ye Souldiers 245 : 2:5
4 ye Treasurers Perticulars Acot of Sundry Disbursmts 186 : 8 : y
5 Disburstmts on ye Prison 56 : 18:0
6 Mr Clark Waldrons Aco* 58 : 0:0
7 Doctr Rob1 Pike for Administrations on William
White a Soldier Referrd To ye Genr Assembly
8 Con11 Weare as f his Aco* 3:0:0
9 Mr Thorn5 Dean o : 6:6
10 Rob* Coats for Lighthouse & other work at ye ffort 14:10:7
1 1 D° for Masons work att ye ffort & — 12:5:0
12 Geo : Peirce for Iron work at ye Prison 13 : 0:0
13 Richd Perry Gunsmith for Mending Arms 1 : 0:0
14 Rob : Coats for Trouble about ye Lighthouse
Refferd
885 : 12 :g
The foregoing aco* Allowed By us —
Mk Hunking Richd Wiberd Jotham Odiorne
Geo : Jaffry Jn° Gillman Peter Weare
15 July 1 72 1 In ye House of Representitivs
The above is Excepted and —
Voted y* ye Several Summs Anexed to ye Several names in ye
within aco* be allowed to be paid as also 20/ Rob1 Coats for his
Trouble abo1 ye Lighthouse £1 : o - o
and to Doctr Pike for willm White Phicc'n 4:0:0
Sent up for Concurance & Concurd —
I64 PROVINCE OF NEW HAMPSHIRE. [X72I
* 1-291 * The following Debenters were Taken out this 20th Day
of July 1 72 1
Majr Jn° Gilman from ye 28th may 1720 to ye 20th July 1721 being
in all — 42 Days —
Cap : Jn° Gilman from D° to ye 20th July 1721 being in all 39 Days
Cap : Andrew Wiggan from ye 28th may 1720 to ye 20th July 1721
Mr Sam11 Eastman from ye Last Autumn 24 Days being all that
was Due
and the House is Prorouged till Sep : 14th : 1721
Mem 18th Aug: 1721 Cap: Odiorne Took out his Debentor for
fourty two Days being all yt was Due —
14 Sep1 1 72 1 The House Mett according to prorogation Present
Mr Speak1" Peirce Cap : Odiorne Greenough
Cap : Sherbourne Cap : Dennett Mr Dam
and Adjourned ^ Mr Clerk Waldrond to 3d of octobr Next —
octobr 3d 1 72 1 The House Mett According to prorogation Pressent
Mr Speaker Peirce Cap : Sam11 Tippetts Cap : Odiorne
Cap : Sherburne Mr Damm Greenough —
Cap : Andrew Wiggan Collonal Weare
The House is Adjournd for two hours
* 1-292 * Octo : 3d and ye House Mett According to Adjournm1
All Present as in ye Morning & Majr Gillman, Cap : Gillman,
Mr Dennett, Mr Eastman, Coll : Davis
And this House is Adjourn6 till Tomorrow nine of ye Clock
41'1 According to Adjournm1 ye House Mett Pressent
Mr Speak1" Peirce Cap : Sherbourne Greenough
Majr Gillman Lieu1 Dennet Cap : Gillman
Con11 Weare Mr Damm Mr Eastman
Cap : Wiggan Cap : Odiorne Coll : Davis
Cap : Tippett
In ye house of Representitives
Voted That ye Treassurer be Desired to Lay ye State of ye Province
before this house Relating to ye Mony in ye Treassury —
Voted Mr Speakr Peirce Coll. Weare and Cap : Wiggan be a Comm-
tee to form an Answer to His Honours Speech
and ye House is Adjournd for two Hours
According to Adjournment The House Mett all Present as in ye
Morning —
I72l] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 165
* In Answer to his Honnours Speech * 1-293
The House of Representitives are Concernd for his Excel-
lencies Misfortune that they Cant have his Company here this Ses-
sions according to Expectation —
We Presumd y* at our Last Sessions we had Taken Nessasary Care
for ye Support of ye Government for ye Present year as far as we had
any Vein of ye Growing Charges having then Upward of Eight hun-
dred pounds & upwards in ye 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 ye 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 yt we are neither able nor
oblidged to Support our men there So with Great Respect we are yr
Honrs Servts
* This House is Adjournd till tomorrow Morning Eight of * 1-294
ye Clock
5th ye House met According to Adjournment Present
Mr Speakr Peirce Cap : Odiorne Con11 Davis
Majr Gilman Mr Dennett Con11 Weare
Cap : Gilman Mr Damm Cap : Sherbourne
Cap : Tippetts Mr Eastman Greenough
Cap : Wiggan
1 72 1 Constable Longfellow of Hampton being Obstructed in ye
Collecting his Rates Near ye Line in Controvercy there being 2%£
12s/ behind —
Voted That ye Sd Constable Longfellow be allowed ye above Sd 2$£
12s/ out of ye Treasury and yl ye Sd Sum be Levied on ye Town of
hampton in their Next Province Tax :
Whereas yr was a Vote Sent up ye 14th of July Last at our Session
Relating to ye Removall of ye ^1000 to ye year 1728 which was to
have been Paid into ye Treassury the present year —
It is ye Desire of ye House of Representitives that ye Sd Vote be
Revived and Concurrd with
Read in ye house three Times and Sent up : for Concurance
This House is adjournd for two Hours
* According to Adjournment ye House Mett all Present as ^1-295
in ye Morning —
1 66 PROVINCE OF NEW HAMPSHIRE. [*72I
The Petition of Peter Greely Being Read and Considered — and
yc Prayer of yc Petition is Granted —
The House is Adjournd till tomorrow Nine a clock
6 The house mett According to Adjournm* Present
Mr Speakr Coll : Davis Cap : Wiggan
Majr Gilman Mr Eastman Cap : Odiorne
Cap : Gilman Mr Dennett Mr Daram
Cap : Sherbourne Cap : Tippetts Greenough
Coll : Weare
Octo : 6th 1 72 1 Con11 Peter Weare Took out his Debentor for what
was Due being twenty Seven Days
6th Octobr 1 72 1 Cap : Sam11 Teppetts Took out his Debentor for
Ninteen Days being what was Due
The house is Adjournd for an hour and half —
The house Met according to adjournrm" all Present as in ye
Morning —
The House is Adjournd till tomorow Eight of ye Clock
7th According to Adjourn1 ye house Mett Present
Mr Speaker Peirce Cap : Wiggan Mr Daram
Majr Gilman Cap : Odiorne Cap : Sherbourne
Cap : Gilman Mr Eastman Mr Denett
Cap : Tibbets Coll : Weare Greenough
Coll : Davis
* 1-296 * May it Please yr Honr
In answer to yr Honrs Speech —
We ye Representitives are Grievd for his Excellencies Misfortune
which Prevents his Seeing us this Session
As to Provision for Support of Governmt yr Honr Recomends to us
— we Presumd yt at our Last Sessions upon ye Settlem* of ye Treas-
surers acots there being a Ballance of about ,£700 — in his hands
That yl Summ with ye Impost and Excise Dayly Coming in to ye
Treasury would have been Sufficient to Defray ye 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 ye Eastarn Parts
which to us is a Great Greivancey* our men Should be Drawn out of
our Prov : to Defend & Cover y* Couutry when our own ffronteers
are as Much Exposed and we at P>xpence of Scouts at ye Same Time
wherefore we Pray y4 His Exelency may be Desired to Give Orders
for ye Calling them home we not being 01idgd to Support them there
\J21\ JOURNAL OF THE HOUSE OF REPRESENTATIVES. 167
Neither are we Disposed to Raise any money for that Service or
allow any
with Great Respect we are yr Honrs Obedient Servts
Josh : Peirce Spekr
Voted y* there be an Actt to Perhibet a Trad and Commerce with
ye Easward Indians and y* a Comtee of both houses be Chosen for
ye Ends aforesd
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 ye
Eastward Indians —
6th Octo 1 72 1 An ackt pased to prevent tradeing With ye Eastern
Endians pased ye 7 daye of Octob 1721
O1 ye 7 : 1 72 1 Voted that ye ackt of Impost & Exporte be Passed
to Repeal ye Sd Act on Condition ; So far as Relates to ye Importa-
tion of Liquors and Exportation on boards
Whereas ye Act of Exsise Passed in Gener11 Assembly which was
to Take Effect ye 19th Day of July 1721 wch Interfeers with ye Li-
cences Taken before which Terminated ye 6th Day of Septemr fol-
lowing —
Mr Speaker Peirce and Majr Gillman are Apointed to Accompany
his Honr ye Leiu* Govr to Ipswich
Voted That ye Sd Act Should not Take place untill ye Sd Sixth Day
of Septemr 1721
Sent up for Concurrance
this Day Burnt in the face of ye Genrall Assembly ,£143 : 4s : 4d of
which Summ ye Commtee is Discharged which Summ is of ye
1 5000^ Bank mony —
and The house is Adjournd to ye 7th Day of Novemr Next
1 72 1 7th Novemr The House Mett According to Adjournm1 Present
Mr Speaker Peirce Mr Dennett Cap : Tippets
Coll : Weare Greenough Mr Eastman
Cap : Wiggan Coll Davis
and ye House is prorouged to ye 21st Instant
1 72 1 21st Nov: ye House Met according to prorogation Present
Mr Speaker Peirce Cap : Wiggan Mr Denett
Coll : Davis Cap : Odiorne Greenough
Capt : Tippetts
* To Majr Jn° Gillman & Cap : Jn° Gilman — * 1-298
1 68 PROVINCE OF NEW HAMPSHIRE. [l721
Gen1 you are Each of you in his Majets Name Required to Give yr
Attendance in ye House of Representitives to morrow Morning at
nine of y° Clock hereof fail not —
Dan11 Greenough CI : Ass
f) order of ye House of Representitives 21st Nov 1 72 1
The House is Adjournd till tomorrow nine of ye Clock
22d The House Met according to Adjournm* Present
Mr Speakr Peirce Cap : Tipits Mr Dennet
Coll Davis Cap : Wiggan Greenough
Lieutnt Governer Wentworths Speech
Gentmen The Principle Reason of My farther prorouging ye Genrl1
Assembly to this Day was to Give ye other Goverm1 Time before us
to See whether they would Repeal an Act Lately Imposed on this
Goverm1 So Cruel and So Oppressive —
I am to Let you Know y* Since our Last Sitting Mr Speak1" Peirce
and Mr Treasurer Penhalow Accompanied Me to Ipswich where I
met Govern1" Shute according to appointm1 and we Discoursed Mat-
ters over Relating to ye above Act &c. and Came to ye Resolve y1 in
Case ye Massatchusets wil Drop al thier Impositions formerly and
Lately Laid on this Goverm1 that then and in Such Case we would
Do the Same Viz1 Drop all Duties Laid by us on them
* 1-299 * or ^n Such wise as they Do by us His Exellency has Prom-
ist his Best Endeavours Shal not be wanting for ye Accom-
modating Thereof —
Now in Case ye Massatchusets Does not Redress us then we have
Nothing more Left us but to State ye Case fairly and Address his
Majesty by our Agent Mr Newman and you may be Assured y* I
will Do Every thing in My Power for ye Repealing that Actt When
our Actt and y1 of ye Massatchusets Comes before Impartial Judges
ours wil be thought no Hardship but one Goverm1 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 Gen11
Assembly, for what Reason y* Mony was Missapplyed Mr Treasurer
is to acolt for ; I hope you will Consider of ways and Means to bring
it into ye Trcassury again that So it may Answer ye Just End for
which it was made —
I Remember ye 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 yl Use on a Good ffund & Put into ye Treassury for Ex-
changing S(1 Bills and that you will take Care that his Exelency May
I72l] JOURNAL OF THE HOUSE OF REPRESENTATIVES. 169
be provided for as Usual yt So ye Hon1" of this his Majts Goverm1 may
be Supported J : Wentworth
The House is adjournd till tomorrow nine of ye Clock
* 23d The House Mett Acording to Adjournm* Pressent * 1-300
Mr Speakr Peirce Cap : Wiggan Greenough
Coll : Davis Cap : Odiorne Cap : Tippetts
Mr Dennett
The House is Adjournd for an hour & half
accordingly ye house met all Present as in ye Morning —
And ye house is Adjournd Till monday next
Prov of N : Hampshr [ George &c :
Whereas Sundry Members of ye house were Delinquent according
to ye Adjounmt from Novemr 7th To 21st of Sd Nov a warrant was
Isued out from this house ^ mr Speakr for there Appearance —
1 72 1 Novemr Munday ye 27th ye House met acording to Adjournm1
Present
Mr Speakr Peirce Mr Dennett Mr Damm
Cap : Tippetts Majr Gilman Greenough
Col : Weare Cap : Gilman Cap : Odiorne
Cap : Wiggan
And ye House is Adjournd for an Hour & a half
And ye House Met According to Adjournm* all Present as in ye
Morning
* 27 No : 1 72 1 The house sent ye Clark wth one member * 1-301
to wait upon his Honour To be Informd Whether His Ex-
celency hand Sent any orders for ye Bringing home of our men from
ye Eastern ffronteers —
His Honr Answerd y* His Exelency would Dismiss all but 200 : of
which our Quoto would be 20 —
Votd — That his Excelleney be desird imediately to order all our
Province men home from their Respective post att ye Eastward
they being in a Sufering Condition & wee neither willing nor obligd
to Support them there
27 No : 1721
Voted Majr Gilman Coll : Wear & Cap : Odiorne a Commtee to
form an Answer to ye Lieu1 Gov" Speech —
The House is Adjournd till tomorow nine a Clock
12
170 PROVINCE OF NEW HAMPSHIRE. \_l721
28th ,.;The House mett according to Adjourm* Present
Mr Speak1" Peirce Majr Gilman Cap : Wiggan
Coll : Weare Cap : Gillman Cap : Odiorne
Cap : Tipetts Mr Damm Greenough
Mr Denett
In ye House of Representitives
Voted : That an Express be forthwith Sent to his Exelency to Pray
yt he would Send orders to Draw of all our men which are in his
Majsts 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 ye House Mett According to Adjourn m* all Pressent
as in ye Morning —
an answer to ye Lieutnt Govrs Speach
May it please yr Honr
We Heartily thank yr Honr and ye Gent" which Accompanyed yr
Hon1' To Ipswich to Meet his Exellency and according to ye Resolve
there we hope yl his Exellency will according to his Promis us his
Best Endevors to accomedate the Affair Relating to ye Late severe
Actt of Duties that it may be Accomadated at the next Sessions
of the Generall Assembely of ye Massatchusets and in the mean
Time yl our Actt of Duetis be Repeald so far as Relates to ye Duty
on Lumber
As to ye 1 50011 Collected Last year and Should have been burnt
but is Missapplyed we Expect y* Mr Treassurer Return ye Mony y1 it
may be burnt according to ye Tennor of ye Act of Gen11 Assembly
As to ye 1 5d Bills of Credit which werer found to be Counterfieted
or any other of our bills when Brought into ye Treassury we will
Take Care to Suppress ye Villany and make Good ye Dammage
as for Providing for his Exellency we are Ready and Willing to Do
it as Soo as we are able
28th Nov: 1 72 1
* 1-303 * The House is Adjournd till tomorrow nine a Clock
The House Mett according to Adjournm* Present
Mr Speaker Peirce Majr Gilman Cap: Tippets
Coll Weare Cap: Gilman Greenough
Cap: Wiggan Cap: Odiorne Mr Dennit
29th Mr Damm
Voted That there be a Clerk Chose which Does not belong : to ye
House and y1 he Shal be paid for his Service out of ye Publick
Treassury —
I72l] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I /I
Voted That Cap: James Jeffrey be clerk for ye year Insuring and y1
DILI he Shall have Ten pounds for his Service and according Sworn to
his fidelity in Sd Once and Sd Clerk to give out ye Debenters To ye
Members of Assembly free of Charge
The House is adjourned for an houre & halfe
Post Meridiam met according to Adjournm1 all the fteons above —
In the house of Representatives
Voted That our Late act of Duty8 be wholly repealled Excepting
what relates to Excise & Importation of Liqrs & from forreigne
parts —
29th ~9r -1 72 1- non cancur'd
In the house of Representatives
Voted That a Committe of this house be Chosen to Joyn wth a
Committee of the upper house to form an address to the Massa
Governm1 for the Laying all Duties asside in Each Which wee
suppose will be for ye bennefit of both Provinces —
29th No-1721- non concur'd —
adjourned till Tomorrow 9 a clock Anti M —
* 30: Nor thursday Anti Meridiam the house met according * 1-304
to Adjournment — Present
Mr Speaker Peirce Cap1 Wiggans Mr Dennit
Coll Weare Cap1 Tibbets Mr Dam
Majr Gillman Cap1 Odihorn Cap1 Gilman
Cap1 Greenough
9r~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 —
Jas Jeffry CI Assm
Province of V
New Hampshire J 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 Govr of the Massachusets our
Desier for ye Laying all Duties Asside in Each. Which wee sup-
pose will be for ye Bennefit of both Provinces & y1 John Gillman &
Andrew Wiggans Esqrs be of ye Committee for ye Ends affore Sd
29th -9r -1721-
172 PROVINCE OF NEW HAMPSHIRE. \_l721
N" 30th 1 72 1 In the house of Representatives
Voted/ That our vote passed ye 7th of 8r Last past relateing to sus-
pending ye act of Duties of Export & Impost be further continued
to ye Miclle of March Next on ye same former Conditions, which
Conditions if not Complyed with by ye Massachusetts yn to be in
force Jas Jeffry CI Assm
* 1-305* N" 30th 1 72 1 In Councill
As an Explanation on ye Excise on drink, Lately past It's to
be understood y1 ye Species therein Mentioned be Merchantable pine
boards End fish End that the same be paid unto the Collr thereof at
Portsm0 Richard Waldron CI Con
In the house of Representatives Read & Concur'd
30 : 9/-1721- Jas Jeffry CI Assm
the house adjourn'd for One hour & Halfe
Post Meridiam 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 act of
paying Rates (he haveing taken his Oath in the Assembly y1 he
was So Long in Custody) And that it be paid him by the Town
of Hampton : And that the Select men of sd Town make an As-
sesm1 for the same
the house adjournd til tomorow Nine of the Clock P-M.
fryday the December ye first 1721 A M the house Met accordingly
^sent
Mr Speaker Pierce Cap1 Wiggans Cap1 Greenough
Coll Weare Cap* Gilman Mr Dennet
Cap1 Odihorn Cap1 Tibbets Mr Dam
Majr Gillman
* 1-306 *Prov of )
New Hampsr j In the house Representatives
Voted that there be No More Memorials received by this house
from Mr 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 Bro1 in forthwith to uss accordingly —
Fryday 9/ ye 30-1721 : Copy of his Excellencies Letter of 9/ ye 29th
Directed to the Honble John Wentworth Esqr L1 Govr of New Hamp-
shire
Sr, I recd your Express & if the Gen11 Court are of Opinion y1 it is
I72l] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I 73
for the Interest of the Province yt ye Souldiers at the Eastwd Should
be Discharged, I Do hereby give my consent unto it.
I am your humble Serv1
Samuell Shute, Boston —
Wednesday five of the Clock afternoone
xr ye Ist : 1 72 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 Lift1
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.
xr : 1 : 172 : P. M : the house met according to adjournment all be-
fore Named & Coll Davis :
The house adjourned till Tomorrow Nine of ye Clock An : Mr —
* Province of 1 * 1-307
New Hampsr j The House met according to ye adjournment
all as above
xr : 2d : 1 72 1 : Mr Speaker Pierce took out his Debenture for fifty
foure Dayes : from ye 6th xr 1720 to the 2d Day of xr 1721 —
Cap1 Samuell Tibbets took his Debenture from ye 27th 7r to the 2d
of xr 1 72 1 for thirty Eight Dayes —
Coll Peter Weare Took his Debenture from the 6th of 8r 1721 to ye
2d xr 1 72 1 for 14 Dayes —
Whereas there is an Immediate want of Money for support of the
Governm1
Voted that Mark Hunking & George Jaffrey Esqrs 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
0/ : 39th : 1 72 1 Richard Waldron Cler Con
xr : 2d : 1721/ read in the house of Representatives & Non Concurr'd
In Councill
Voted y* ye 1000 pounds y1 by act Should be paid : into the Treas17
this Yeare, be Collected by ye 20th July next in Bills of Credit of
this Province & y" Burnt according to Sd ac*
9r 30th Richd Waldron Cler Con.
xr ye 2d : 1721/ In the house of Representatives
Voted yl ye two above voats ly under Consideration till ye Spring
Sessions —
174 PROVIN'CE OF NEW HAMPSHIRE. \l*]22.
* 1-308 * Province of )
New Hamps1' \ In the House of Representives
Voted : That mr Treasurer Penhallow Do forthwith gather in the In-
terest money Due to this Province And pay one hundred pounds
of it to his Excellency Govr Shute
xr ye 2d— 1 72 1 —
Isaac Green allowed forty Eight Dayes @ 3/ ~$ day haveing taken
his Oath y* he was detained So long at Newbury —
xr 2d : 1 72 1- In the house of Representatives A Md
A Petition of Cap1 Benja Wentworth ag1 Mr Samuell Plaisted to
revive a Judgm1 obtained ag1 Sd Plaisted from June Court 1721
In Councill voted the Petitioner may Bring his Suit at the Infeir
Court Next :
In the house of Representatives Concurred
The house was adjourned to the Second tuesday in fer Next
Eaphraim Dennit had his Debenture from xr : 27th: 1720 to ye 2d
xr 1 72 1 being forty five Dayes —
Cap1 Henry Sherburn had his Debenture from xr ye 6th 1720: to
xr 2d 1 72 1 being twenty one Dayes —
Cap1 Daniel Greenoughs Debenture for Clerk of the Assembly for
60 Dayes to the 5th xr-i72i-D° for Assembly Man from the 24th
May 1720 to the 30th of November 1721-
Mr John Dam his Debenture to the 6th fer 1 720/1 from ye 20th May
1 72 1 thirty Nine Dayes-
* 1-309 * Province of )
New Hampsr \ The house Met according to the Adjour-
ment
Mr Speaker Pierce Majr John Gilman Cap1 Daniell Greenough
Coll11 Peter Weare Cap1 John Gilman Cap1 Sam11 Tibbetts
Coll11 James Davis Mr Justice Eastman Mr Eaphraim Denit
Jotham Odihorn EsqrCapt Andrew Wiggans M1' 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 Mr Speaker Pierce Majr John
Gillman Cap1 John Gillman Cap1 Andrew Wiggans Cap1 Jotham Odi-
horn : Cap1 Daniell Greenough Mr Eaphraim Dennit Mr John Dam :
The Assembly prorouged to tuesday ye 27th of March Next
Province of )
New Hampshire j 27th March 1722 Met according to adjornm1 viz1
Mr Speaker Pierce Cap1 Daniell Greenough
mr Eaphra Dennit mr John Damn —
1722] JOURNAL OF THE HOUSE OF REPRESENTATIVES. I 75
the Assembly further Prorouged to the 16 Aprill : 1722-
Province of New Hampshire Aprill ye 16th 1722
the house Met according to Adjornmt viz*
Mr Speaker Pierce Mr John Damn
Cap1 Daniell Greenough
Then the Assembly was prorouged to the 30th Ins*.
DOCUMENTS
RELATING TO THE
Boundary Line Controversy
NEW HAMPSHIRE AND MASSACHUSETTS.
DOCUMENTS
RELATING TO THE
Boundary Line Controversy
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 files 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 Massachusetts 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.
l80 PROVINCE OF NEW HAMPSHIRE.
[Draft of Resolutions about Uniting N. H. and Mass, .]
[Mss. "Town Boundaries," p. 201.]
Y\ hereas This His Majestys Province of New Hampr has wth all
Chearfullness hitherto Supported the Goverm1 here tho withye Utmost
difficulty by Reason of their Poverty and Smallness of their Numbers
there being but 8 Towns wth in ye Sd Province & ye one half of yt but
of Little Consideration poor Inconsiderable number to Support ye
Dignity of a Govern1 & ye Province being so Strait in Its limits y1 ye
utmost Extend N & S is not 20 miles, & lying wth in the bowels of
ye Massa and Whereas Many Disputes have arisen ab1 ye Divisional
line Attended wlh Great Cost both at ye Court of Great Britain &
here & all without any prospect of a Settlement of ye Sd line that we
know of, and further Whereas In Case of another Indian War we
Shall be never able to defray ye Charge y1 will unavoidable attend it
& pay off our former Debts and whereas ye Trade of ye Two Prov-
inces has been Sometimes Considerably Interrupted by ye Differing
Sentimts of ye Two Gen1 Assems, And Whereas Our Represen being
conscious of these things at ye last Session of Gen1 Assemy Voted
that Application Should be made To His Majesty to obtain a Union
of ye 2 provinces & ye Prov : of ye Massa Should be Consulted & yr
favour ask'd in the Premises — These are therefore to Manifest our
Acquiescence in what our Represen5 have done and to Signify our
Earnest desire that the Provinces may be united and That Some
Persons will be pleased to undertake ye Matter for us by using all
proper means for ye obtaining So desirable an End
[New 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
Srs/ The Honble the Lieu1 Govern1' 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 Mr Joseph Dow and Mr Samuell
Dow Surveyers and Cap" Henry Dow and Cap" Joseph Smith to be
Comrs for the doeing the same I am alsoe Ordered by the Honble the
Lieu1 Govern1" 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 doeing of the same
By order of the Honble the Lieu* Governr and Councill
Tho Davis Sec'ry
[Reply of Massachusetts Government to Action of Nezv Hampshire,
[Mass. Arch., Vol. 3. p. 479, and N. H. Mss. Prov. Boundaries, p. 13.]
Gentn Upon reading this day at ye Board yors of Octr past, Signed
Tho : Davis Sec'ry (which came to hand during his Excy being from
home) Imparting your appointm* to have ye Bounds of yor Province
run on ye fourteenth day of Novembr curr* and nomination of Survey-
ers and Commission™ for doing of ye same, and that Notice thereof
be given unto ye Govr & 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 yor Proposal may have any Relation to the boundaries of this Prov-
ince ascertained and Setled by their Majties 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 Maties Governmts of each Province to
have discoursed that matter and Agreed of sutable methods & Sea-
son for goeing of bounds if need were ; But yor Resolving and pre-
fixing a time and y1 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 ye General
Assembly are to convene on the morrow
By order of his Excy the Governor and Council
I : A. Sec'ry
Boston November 7th 1693
1 82 PROVINCE OF NEW HAMPSHIRE.
[New Hampshire Committee Appointed to Rim Line, 1695.]
[Mass. Archives, Vol. 3. p. 508.]
Att a Councile held Att Hampton October 30th 1695
Present
The Lieu" Govern1'
Rob1 Elliott ) Nath11 Wear )
Peter Coffin \ Esqrs Wm Vaughan VEsqrs
Henn'y Green ) Richd 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
Hampsh1' 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 Goverm1 for Runing of the line be-
tween the two Provinces on or before the fourth day of Decembr
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 wth
those apointed here then wthout farther ordr the sd Joseph Smith :
Hen'ry: Dow Sam11 Dow. James Philbricke, Moses Swett & Nathk
Wear Esqrs or the Majr 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* Govern1" & Councile att Boston
vera copia Attest Wm Redford : D Secr'y
[JVezv Hampsliire to Massacliusetts, about Running Line, 1695.]
[Mass. Archives, Vol. 3, p. 507.]
New Castle Novembr 18th 1695
Honble Srs There having been Severall complaints, and are Still
encreasing in this Province, for want of Running the Dividing Line
between the two Govermtts 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 Honble the Lieu" Govern1' & Councile of
BOUNDARY LINE PAPERS. I 83
this his Majest5 Province of New HampslV have ordered me to Sig-
nifie to yor Honrs thay have apointed a Comittee here to Joyn wth
those yor Honrs Shall think meett, to Run the Bounds between the
Massachusetts & this Province by the fourth of Decembr next fol-
loweing, as more fully may be knowne by the Minitts Inclosed ; and
Desire yor Honrs would be pleased to write this Goverm* what you
are Resolved to doe in this Affaire :
By ordr of the Lieu" Govern1" and Councile :
Wm Redford D Secry*
\_Letter from Lieut. Gov. Usher. ~\
[Mass. Archives, Vol. 3, p. 508.]
May please yor Honr Boston 27th May : 169 [torn]
not knowing when I may goe to province New Hampshire however
ytt 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 yor Honr doe judge ytt itt may be for
his Majties Service, safety & Quiett of his majlies subjects, in these his
Majties Territorys of my personal presence being their
For his Majties Service & the Good of my Country shall now & att
all times, be redy to promote & Serve the same, which upon Notifica-
tion from yor Honnor shall be complyed with by,
yor Honrs Humble servant
John Usher.
[Reply of Massachusetts to Action of New Hampshire, 1695.]
[Mass. Archives, Vol. 3, p. 509.]
Honble Srs Yors with ye minute of Council inclosed of ye 30th of
Oct0 past For the ordering and appointing a Comittee of some per-
sons belonging to yor 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
I84 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 Commrs Instructed by the respective Gov-
ernmts 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 yor Selves may not be so indiffirent, being all (if we are not
misinformed) dwellers at Hampton, yor next Town bordering on the
line of this Province ; And whither it might not be advisable that the
small inconveniencies hinted in yors (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 Honble the Lieu1 Govr and Council
Boston. 260 Novr 1695. I: A: Secry
[Orders to Committee to run the Line, 1696.]
[Mss. Prov. Boundaries, p. 12.]
Whereas there was an ordr in Councill on ye 30th Octobr
Seal. 1695 Thatt Nathanaell Waer Esqr Joseph Smith Henery Dow
Sam11 Dow James philbroock & Moses Swett all of Hampton
to be a Comitte for Riming of the Line betwene the province Masa-
thusets Bay & province New Hampshire refference to Sd ordr being
had & by reason of difficulty as to ye wether the Same hath nott ben
done.
These are therefore in his Majtys Name to require the Sd Waer :
Smith Henery Dow & Samu11 Dow James philbroock Moses Swett
them or the Major partt of them wth others they Shall judge ne-
cessary to Assist them to run ye Sd Line att or before the 20th of
May nextt ensueing & thatt when the Line is run to make return of
theire Soe doeing wth a Map of the same into ye Secretarys office for
wch this shall be theire warrantt given undr my hand & Seale att
Armes Hampton this 8th Aprill 1696
John Usher L* Govern1"
& Com and1' in cheife
BOUNDARY LINE PAPERS. 1 85
\_N. H. Committee Appointed, 1705.]
[Mss. Prov. Boundaries, p. 11.]
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 :
Mr 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 Counsaiell and representives of this Province how thay ffinde
the Same In order to A further Conformation Thear of :
past by the Howse
Decern1" ye 18th 1705 pr Sam11 Keais : Clark
\_MassacJiusetts Committee Ordered to Meet, 1708.]
[Mass. Archives, Vol. 3, p. 535.]
15° June 1708./. In Council. —
Whereas at the Session of this Court in Octob0 1705 Col0 Thomas
Noyes with other Gentn 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 rendring it hazard-
ous at this Juncture to be put in practice. —
For the present Ease of Her Matys Subjects, whose Situation makes
it disputable to which of the Provinces they belong. —
Ordered That Col0 Noyes Notify the Gentlemen of this Governm1
joyned with him for that Affair, to meet the Committee of the other
rovernm1 at such time and place as the said Col0 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 ;
'hat they be not Oppressed by a Demand upon them from both the
Governmts, And make Report thereof to the Respective Governmts
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. Isa Addington Sec'ry
In the House of Representatives, June 16: 1708 Read
June 17 : Read & Concurr'd. Thomas Oliver Speaker
[Thomas Noyes to Secretary Isaac Addington, Proceedings at Massa-
chusetts Convention, 1709.]
[Mass. Archives, Vol. 3, p. 536.]
Newbury ye 6 : of January 1709
Honored sir
I received An order for Runing the line with the Provinc of Nevv-
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 proferecl 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 clay 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
\App ointment of N. H. Commissioners, 1719.]
[Mss. Prov. Boundaries, p. 8.]
Province of j By The Honourable John Wentworth Esq/
New Hampsh1"1-' \ Leiu* Govr In and over His Majesties Prov-
ince of N Hamp1" aforesaid. —
Seal. To Samuel Penhallow Mark Hunking George Jaffry
and Rich/1 Wibird Esqr, Cap1 Josha Peirce, and James Da-
vis & Peter Wear Esq1', and Cap1 James Jeffrey Survey1" &c —
BOUNDARY LINE PAPERS. 1 87
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 Massa Goverment, and a Committe
for That purpose ; Requesting That a Commission undr The province
Seal might be made out, impowering The Said Committe to Act in
The premises. —
{By Virtue of The power and Authority in and by His Majties
Royal Commission To me granted To be Leiu* Govr &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 Hunking Geo : Jaffry & Richd Wibird Esqrs and Cap4
Josha Peirce, and James Davis and Peter Wear Esqrs and Cap4 James
Jeffrey To be Commissioners for running and Settling The Sd bound-
aries of The Prov : of N Hampr 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
wth ye Commissioners, appointed and Commissionated by The Massa
Goverm\ and with Them To Conferr in and about The f^mises, and
also to agree determine and resolve upon The aforesd divisional or
partition line ; and any other divisional or partition lines, That are
between The aforesaid Two provinces ; (provided you Act according
To ye 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 Majty King
George's reign over Great Brittain &c Annoq — Dom 1719 —
By The Honble The U Gov15 J. Wentworth
Command with Advice of the Councill —
Richd Waldron Cler Con
\Instructions to N. H. Commissioners , 17 19.]
[Mss. Prov. Boundaries, p. 15.]
Pro : N Hampr To Sam Penhallow Mark Hunking Geo Jaffry
Richd Wibird Esqr Mr Josha Peirce James Davis & Peter wear Esq1
& To Cap1 James Jeffry Survey1 & Joyned with ye Committee
Pursuant to ye direction of The Right Honble the Lords Comrs of
Trade and Plantations for Settling The boundaries of This His Maj-
esty Province of N Hampr & more particularly for riming The divis-
ional line between This & His Majesties province of the Massa which
is To be reported home To The Said Lords of Trade &c
you being appointed a Committee by The Gen1 Assemy of The Sd
1 88 PROVINCE OF NEW HAMPSHIRE.
prov : of N Hampr for Transacting The Said affair will herewith re-
ceive a Commission Impowering you To Act in The ^mises — And
i yon are To repair To Newbury on Wednesday the ninth Instant
in ordr to meet ye Commission1"5 of the Massa province That are ap-
pointed & Commissionated by That Goverm1 To Settle The aforesaid
Divisional line between The Two Provinces, & you are To Conferr
wth The Sd Comrs abl riming & determining The Said line & if you
Agree with them in fixing ye 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 ye West Line
without them as you Judge most Agreeable to his Majesty's Com-
mission & ye Royall Charter —
2 you are To Sett your Compass on ye north Side of Merrimack
river at ye Mouth of it at highwater Mark & run 3 miles upon a north
line & from ye end of The Said 3 Miles you Shall run upon a west
line into ye Country Till you meet ye Great River wch runs out of
Winnipishokey pond —
3 you are hereby Impowered To appoint The Time when To Run
ye line between N Hampr & prov : of Main provided it be within a
Sixweek from ye date hereof
\New Hampshire Protests against Delay, 171 9.]
[Mass. Archives, Vol. 3, p. 536.]
Portsmouth Decr 9th 1719
Sir, I am again directed by His Honr The Leiu1 Govr to advise
you, That This Goverment would be very glad, That The Settling
The divisional line between New-Hampr and Massa 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* Govr 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
17th Instant, at wch Time ye Commissioners of N Hampr will attend
That busyness at Newbury, and hope ye Commission1^ on your part
will not fail. I am Sir
Your most humble Serv1
Mr Secret* Willard Richd Waldron Cler Con
BOUNDARY LINE PAPERS. 1 89
\_MassachiLsetts Commissioners on Boundary Line Appointed, 1719.]
[Mass. Archives, Vol. 3, p. 232.]
Commission to Addington Davenport Esqr &c Commissioners to run
the Boundary line between this Province and New Hampshire.
Samuel Shute Esqr Captain General and Governour in Chief in
and over the Provinces of the Massachusetts Bay and New Hamp-
shire in New England &c.
To Addington Davenport Thomas Fitch Elisha Cooke and William
Dudley Esqrs and Captain John Gardiner Greeting —
Whereas for Divers years last past there has been a Difference be-
tween this Government and the Governmt 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 aforesd 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 Agreemts
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 —
Sam11 Shute
By His Excellencys Command with the Advice of the Council. —
J Willard Sec'ry
Examined ^ J Willard Sec'ry
190 PROVINCE OF NEW HAMPSHIRE.
[Instructions to Massachusetts Commissioners, 1 719.]
[Mass. Archives, Vol. 3, p. 134.]
Instructions to Addington Davenport Esqr &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 Mr Edward Hilton &c, which we suppose were
Prior to Mr Masons Patent and by vertue whereof the first Piscat-
aqua settlements were made did the 14th 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 sd
Patents as Mr 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. I9I
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 wch 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 Mr 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 Westward
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 Mr 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
1 719 — Sam11 Shute
By His Excellencys Command J Willard Sec'ry
Examined ^ J Willard Sec'ry
192 PROVINCE OF NEW HAMPSHIRE.
[New Hampshire Expenses, 1720.]
[Mss. Province Boundaries, p. 17.]
Province Dr Towards Settling the Line Between the-two Goverts And
In Negotiating the Affairs wth ye Indians
1719
Decbr 21 To Entertaining the Boston^
Commissioners at their Going V 3.. 9.. —
Eastward — J
To Expence of the Comittee at
Newbury — 12.. 18.. 6
To 5 days of Geo : Jaffrys Coll0^
H unking Cap1 Wibird Cap1 |
Joshua Peirce Esqrs & Sam11 )> 15.. — .. —
Penhallow & James Jeffry at ]
10/ )
31.. 7.. 6
Apr1
1.. 10.
To Coll0 Wear 2 days — 1.. — .. —
To Edwd Pendexter himself & )
horss 5 days — j
To \ part of fifty four pounds oi~\
Stores &c for Cap1 West- I
brook in Going Eastward wth { ^"
ye Comis1"5 J
To Expence on ye Boston Com- ) ,
. . L 4. r * \ 2.. 16.. 2
issioners at yr return J
To Capt Westbrook twenty days ^
for his troble in Going East- > 10.. — .. —
ward at 10/ ^ day J
Janr
1720 To Cash pd James Jeffry as by )
his receipts (
To Coll : Davis on dito ace" —
To Cap1 Westbrooks Perticuler "I
Expences as by his account — J
29..—..—
13..—..—
4.. 5.. 10
28.. 16.. 2
To Coll : H unking Coll : Packer )
& my Self 2 days Each abl > 3.. — .. —
the New Town Line )
To Coll : Daviss & Cap1 Tibbetts 1 r
one clay j
To Expences at Same time — 1.. 9.. — 51.. 14.. 10
Apr11 26, 1720. ;£iii..i8.. 6
Err's Excepted ^ Sam11 Penhallow.
BOUNDARY LINE PAPERS. 1 93
[Letter to Jeremiah Diimmer, 1720.]
[Mss. Corr., Vol. 1, p. 39.]
July 20, 1720.
Sr It's probable that long 'ere Now yu 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 Tnaking 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 Mr Newman to solicite
our affair, and to lay a representation thereof, before the Lords of
Trade &c
Our Lt Govr very heartily Salutes you and so doe all our Gentn —
more particlarly Sr
Yor most humble and Most Obed* Servts
Joshua Peirce Sam11 Penhallow
Henry Sherborn Geo : Jaffreys
Jer : Duramer Esqr
[Rough Draft of Letter to Agent in London, 1720.]
[Mss. Corr., Vol. 1, p. 37.]
New Hampshr July 20, 1720.
Sr The affairs of our Province requiring the assistance of Some
Gentn att home Our Generall Assembly at their session in May last
made choice of you for their Agent, and as testimony of their respts
and your Encouragem1 therein did vote you ye Sum of ;£ 100.. 00.. 00..
this money wch we presume his Excellency has advised you off, and
to know how you would have ye Same remitted.
The matters of Importance wch wee now send you, to lay before his
Majy and ye Lds of trade &c are as follows Viz1
That ye Dividing line bee fixt between this Province and the Mas-
sathusets ; a plan of which is here inclosed.
The line on ye south side of our Province wee account a West line
three miles North from ye Entrance of Merrymack River att ye At-
lantick or Western Sea, and runs westward as wee conceive as far as
ye Massathusets Colony
73 cx
1) C
,n p
<D U
S 5 4
no
is
194 PROVINCE OF NEW HAMPSHIRE.
The line on ye Northerly Side against ye Province of Maine, being
a Northwestward line from ye furthest head of Newewanock River,
wch wee suppose ye Salt River A dispute hereupon will arise about ye
Point whither North a little West, or North west ; there being 4
points difference —
that a representation bee made of ye Embezzlem* of the
Kings Stores which Col Vaughan made while L* Governour,
who in ye 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 govr-
nours time before ; Now as he had a Comission from ye King,
he thinks himself beyond ye reach of any here of calling him
to an ace" neither had his Excellency been inclinable to inter-
meddle Wherefore wee pray that a Speciall order may be ob-
tained for his answering and refunding ye same here, or ye val-
ue thereof, as the price curr" then and now is, Viz1 at io1 ^
barr11, In all amounting to, three hundred pounds ; which oth-
erwise will not only bee a reall damage to ye 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 ye Usuall Expence of our Castle that the Matter bee
layd before ye 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 ye Interest of this Governm* and
Province, particularly agst his Excellency, the U Govr and Councill ;
for altho Col Vaughan was crampt in his late projections, wee are well
assured that he is in ye 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 Mr Bridgers prohibiting ye 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 ye Royall
Navy whereupon wee are not only denyed the benefit of timber for
our Necessary Uses, but ye 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 )e woods,
which would bee no ways Serviceable to ye Crown but greatly Detri-
mental unto some Hundreds of his Majtes good subjects here and of
BOUNDARY LINE PAPERS.
95
overthrowing our traffique to ye Sugr Islands which in a circular way
of trade produceth so great a Revenue Unto ye Crown
\Instntctions to Agent Newman, 1720.]
[Mss. Corr. Vol. 1^ p. 33.]
Portsm0 N: Hampr N Engd July 22d 1720
Mr Henry New Man
Sr 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 Goverr Shute hes heretofore advised you off as alsoe the Lie*
Goverr —
Here hes been A Long Dispute between this and the Massachu-
sets Govern^ about the Divideing Line and Severall Comissioners
have Sundr 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 Govermts here Can't
doe it them Selves that matter is now to be Submitted to his Majesty
in Council or Lords Commissioners of Trade & Plantations & 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 Prove is all the Land between the Massachu-
setts & Prove 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
I96 PROVINCE OF NEW HAMPSHIRE.
Insisted on other Lines as are alsoe marked out on the Draught
which if Granted to them would Render this Prove 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 Complts that may made ags1 this Present Gover-
ment & in Pursueing Every thing that maybe promoted for the Gen-
erall benefit of this Plantation Especially that the Lumbr from hence
may be Imported into great Brittain free of Duty & the Bounty Con-
tinued! 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 Sr
Your Very Humble Servts
[Letter to Lt. Gov. Wentworth about Disputed Taxes, 1720.]
[Mss. Prov. Boundaries, p. 20.]
Boston November 28th 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 97
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 wch if they neglect to do,
He will recall ye 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 Honrs most obed* humble Serv*
Josiah Willard
To ye Honble John Wentworth Esqr
\_Testimony of Eaton, Carr, Webster, and Greeley, 1720.]
[Mss. Prov. Boundaries, p. 21.]
The Testimony of Ephraim Eaton who Saith y* on ye 28th Day of
Aprill 1720. Mr Nathan Longfellow Constable of Hampton demanded
A province rate of me & I refuseing to pay him he seized my person
for sd rate & Carried me a Prisoner to Portsm0 & further this Dep*
testifieth y* Ten Dayes after or there abts ye Abovesd Constable Long-
fellow seized my Person by Violence & Conveyed me as far as Hamp-
ton for ye same rate & I was force'd to Comply & pay ye Rate &
Charges to my great Damage rather then go to Prison & further
saith not.
Essex ss. Novr ye 17th 1720, Mr Ephraim Eaton of Salisbury Ap-
peared before me ye Subscribr & made oath to ye Truth of all Above
written —
Wm Bradbury Just of ye peace
A True Copy Examd ^ J Willard Secr^
The Testimony of Sanders Carr who Saith y* on ye 28th day of
Aprill 1720, Mr Nathan Longfellow Constable of Hampton seized my
Person for a Province rate wch he demanded & Carried me to Portsm0
a Prisoner for sd Rate to my great Damage & further ys Dep* Testi-
fieth yt Ab* Ten Days After or thereabts ye Abovesd Nathan Long-
fellow informed me y*he as Constable had seized My Horse for Rates
& I was forced to redeem my Horse wth money to my great Damage
& further Saith not.
Essex ss. Mr Sanders Carr of Salisbury Appeared before me ye
Subscrib1" & made oath to ye Truth of all Abovewritten. Novr 17th
1720.
Wm Bradbury just of ye peace
A True Copy Examd f J Wflfard Seer*
I90 PROVINCE OF NEW HAMPSHIRE.
The Testimony of John Webster who Testifieth & saith ye 10th of
May 1720 (or thereabts) Mr Nathan Longfellow Constable of Hampton
came to me & made demand of a Province rate I told him I had not
money at ye Present, his answer was y* he would not go wthout it he
went directly to my Pasture & Seized my Horse & carried him away
& I was forced to redeem my Horse wth money to my great Damage
Essex ss Novr 17th 1720. Mr John Webster of Salisbury Appeared
before me ye Subscribr & made oath to ye Truth Above written
Wm Bradbury Just of ye Peace
A True Copy Examd f J Willard Secr>'
The Testimony of Andrew Grele Junr who testifieth & saith y1 ab*
ye first of June last (1720,) Mr Nathan Longfellow Constable of
Hampton came to my House & Seized my Horse as he sdfor rates &
conveyed him away & Never gave me any Accot what he did wth
Him wch was greatly to my Damage
Essex ss. Novr 17th 1720. Mr Andrew Grele of Salisbury person-
ally Appeared before me ye Subscrib1" & made oath to ye Truth of all
Above written
Wm Bradbury Justice of the Peace
A True Copy Examined ^ J Willard Secry
\Reply to Gov. Shitte about Disputed Taxes, 1720.]
[Mss. Province Boundaries, p. 18.]
May it please yor Excellency
His Honour the Leiu* Gov1" 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 Mr Justice Bradbury the
1 7th of Novembr last Copys of which came inclosed To him in a letter
from Mr Secretary Willard dated gbr 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 (viz1) 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
BOUNDARY LINE PAPERS.
I99
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 Hampt0 for ye year 1705 which Shows
in ye Second & fourth page that Sanders Carr and Andrew Greely
were taxed and paid in that year within this prov :
I am yor Excellencys Most obed* humble Servant
Decr 9th 1720 Richd Waldron Cler Con
[Fragment of Letter to Agent Newman, May 4, 1722.]
[Mss. Corr., Vol. 1, p. 43.]
Mr Newman
Sir I am Commanded by His Excellency The Govr and The
Honble The Council to Represent to you their Sense of that para-
graph in the Massa Charter on which the determination of the Divis-
ional line between this and the Massa Goverm1 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 viz1
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 Sd three miles to Run a West line to the western
Ocean and that to be the dividing line between ye two provinces and
that if it be otherwise as the Massa would have it that the Said line
Shall run paralell to the River This The Kings prov : of N Hampr
must necessaryly be contracted within exceeding narrow limmitts The
Sd River a little above our towns Runing a great length on a north
Course and to ye 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 wthout any pa-
pers to be Sent from hence
200
PROVINCE OF NEW HAMPSHIRE.
[Vote about Instructions to Jercntiali Dummcr, 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
23d octor 1723.
In the House of Representatives Decern1" 24th 1723.
Voted that the Instructions sent to Mr Agent Dummer from this
Court the 16th July and 23d 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, Decern. 25th
1723-
Read and Concurred
J Willard sec'ry
Consented to.
Wm Dummer.
Examined ^
Copy
J Willard Sec'ry
\N. H. Vote for Address to King, 1726.]
[Mss. Prov. Boundaries, p. 23.]
In Coun1 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 Govern^ 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 sd Lands which is a
great Grevancc &c —
Voted that there be an Address Drawn up Setting forth ye sd Greiv-
ance Praying that it may be Redressd by a spedy Settlement of the
Lines betwen this Province & the Massa and that ye Address be for-
warded to Mr Agent Newman to be presented to the King and that
BOUNDARY LINE PAPERS. 201
Mr Agent Newman have One hundred pounds this money sent him
for the Same and other his Good Services —
Richd Waldron Cler : Con
apr 30 : 1726 In the house of Representatives
Read and nonconcurred nemine Contradicente
James Jeffry Clr Assm
[Vote for Instructions to Agent Newman, 1726.]
[Mss. Prov. Boundaries, p. 24.]
In the House of Representatives April 30th 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 Majts Goverm* Espessially in as much as the Govern^ of the Mas-
sachusetts have lately disposd 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 sd
Lands, which is a verry grate greivance
Voted that Instructions be drawn up and sent to Mr Agent New-
man to prosecute &'Indavor a speedy settlem4 of the lines between
this Goverm1 & that of the Mattechusetts boath in length & breadth
in a more Certin manner then yett heath bin don and that mr 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
Cap1 William ffellows & mr theoder Atkinson be a Committe of this
house to Joyn wth a Committe of the upper house to draw up Instruc-
tions to Mr Agent Newman Concerning it.
James Jeffry Clr Assm
In Coun1 May 20
Read and Concurr'd & Geo : Jaffry & Richd Wibird Esqrs appoint-
ed for ye Service above
Richd Waldron Cler : Con
[Mass. Boundary Line Commissioners Appointed, 1726.]
[Mss. Corr., Vol. 1, p. 57.]
At a Great and Generall Court or Assembly of his Majestys Province
of the Massachusetts Bay in New England Held May 25th 1726.
14
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 Esqrs, Mr Thomas Cushing, and Timothy Lindal Esqr,
with such as the Honble 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 Esqrs are Added to the Commissioners
for the Affair aforesaid.
Consented to Wm Dummer
Copy Examined °§r J Willard Sec'ry
\Henry Newmans Letter to Board of Trade, 1726.]
[Mss. Prov. Boundaries, p. 25."!
To the Right Hono'ble the Lords Commrs 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. 203
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
8th August, 1726.
\_A lured Popple to Henry Newman, 1726.]
[Mass. Archives, Vol. 52, p. 319.]
Whitehall 30th Aug1 1726.
, Sir, I have laid the Order in Council of the 9th 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 Esqr Alured Popple
\Extract of Letter from Jeremiah Dnmmer to Secretary Willard,
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 Comitteeof 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 Mr 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 Mr Newman
to conferr with me upon it, Copies of all which papers are inclosed,
I have had an Oppertunity of seeing Mr Newman since, tho' I de-
clin'd making any Appointment 'till I receive my Instructions. I ask't
204 PROVINCE 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 Mr
Usher when he was in England last, So that Mr 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 Mason'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 Answrs 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
Sr 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 theyl insist to have that a Curve line parallell to the
River. But this is only a thought of my own. ******
[N. H. Vote .in Reply to Mass. Vote, 1726.]
[Mss. Prov. Boundaries, p. 26.]
Province of New Hampshire xr the i8t 1726 —
In the House of Representatives
Whereas a vote of ye Great & Gen11 Assembly of his Majtie Prov-
ince of ye Massa beareing date may 25th 1726, to appoint Comissrs to
meet with Comissrs 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 Severall Times by
theire Comissrs met with Comissrs from sd Province in order thereto,
yet no setlement could be agreed upon, Wee haveing by our Agent
laid before his Majtie in councill ye Dispute About both lines, & his
Majtie haveing referred it to a Committee of Lords to Consider there-
of & make Report of their Opinion to his Majtie 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 Comissrs the whole Matter being submitted to
his Most Gracious Majtie —
James Jeffry Clr Assm
In Coun1 Eod die
Read and Concurred Richd 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 13th of March 1728.
His Excellency having communicated to the Board a Vote of the
Lieuten* Govern1" & Council of the Province of New 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.
[Mass. Commissioners Appointed, 1729.]
[Mss. Prov. Boundaries, p. 44.]
On The Petition of Richard Saltonstall Esqr Nath11 Peasley James
Ayer Ebenezer Eastman and Richard Hazen Junr for themselves
and in Behalf of Sundry Others Principal Inhabitants And Propriers
of the Town of Haverhill in the County of Essex. —
Praying That this Court would Appoint a Comtee to Join with a
Comtee 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^'5 April 10th 1729
Read and in Answer to this Petition and for Accommodating the
Matters in difference between this Governm1 And the Governm1 of
New Hampshire.
Ordered That Col. Dudley Mr Cook Col0 Wainwright Mr Rem-
ington and Mr Thomas dishing with Such as the Honble Board
Shall Joine be and hereby are Chosen and Appointed Commissioners
on the Part & Behalf of this Governm1 1 o meet with Commissrs that
may be Appointed by the Governm1 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-
ernmts for his Royal Approbation
Sent up for Concurrence Wm Dudley Speak1"
In Council April IIth 1729. Read & Concurd & Nath11 Byfield
Adclington Davenport Thomas Fitch Timothy Lindall & Theophilus
Burrill Esqrs or any three of them are Joined in the Affair.
J Willard SecVy
Consented to W Burnet
A True Copy Examined °$r J Willard Sec'ry
[Petition of Eastman and Hazzent 1729.]
[Mss. Prov. Boundaries, p. 27.]
To His Excellency William Burnet Esq1" Cap1 General and
Governour in Chief in and Over his Majesties Province of New
BOUNDARY LINE PAPERS. 207
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 22d Day of
April 1729
The Memoriall of Ebenezer Eastman and Richard Hazzen Junr
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 & Originall Gran-
tees of the Said Town Humbly Shewoth
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
Divisionall 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 Sollicitous 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 ye 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 Massa 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 Junr
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 Junr & Ebenezr Eastman for
themselves & in Behalfe of sundry others of the orriginall Inhabit-
BOUNDARY LINE PAPERS. 209
ants & Proprietors of said Town of Haverill : Praying that ye Line
Between the Provinces May be Setled &ca
Upon which tis voted That Nathaniell Weare Esqr and Capt Josh-
ua Pierce be a Comittee of this house to Joyne with such as the honble
Board Shall Appoint to take into Consideration the said Petition :
and alsoe the vote of the Gen11 Court of the Massa 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
Gen11 Assembly
Aprill ye 30th 1729 James Jeffry Clr Assm
In Coun1 Eod die
Read and Concurr'd and ordered that Mr Walton & Mr Odiorne
Joyn wth the Gent" above for ye Service above
R Waldron Cler Con
^9 Stevens & Sanburn
\_Report of Committee on Petition of Eastman and Hazze?i, 1729.]
[Mss. Prov. Boundaries, p. 34.]
Whereas the Petition of Ebenezr Eastman & Richard Hazen Junr,
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 wch Might be Chosen in this Province to meet & Consider
and Settle &ca.
The Consideration of the premises Relating to said Petition being
Refer'd to us the subscribers as a Comittee wee Make our Return as
f olloweth — viz1
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
Majtie 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-
2IO 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 ye 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 Majties Pleasure be known
May 2d 1729 Shad Walton >
Jotham Odiorne ! Comittee
Natha Weare f <-omittee
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 2d 1729 James Jeffry Cir Assm
In Coun1 Eod die
Read and Concurrd R Waldron Cler Con
\_N. H. Committee to Run Line, 1729.]
[Mss. Prov. Boundaries, p. 41.]
In the house of Representatives
voted That Nath1 Weare & Theo : Atkinson Esqrs and Cap1 Joshua
Pierce be of the Comittee from this house to Joyn wth a Comittee of
the upper house to meet the Comittee that may be appointed by the
Province of the Massa Bay to run ye 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 15th 1729 James Jeffry Clr Assm
In Coun1 Eod die
Read and Concurr'd & Messrs Walton Jaffrey & Frost appointed to
Joyn wth ye Gen1 above for ye Service above
Mr Peirce R Waldron Cler Con
BOUNDARY LINE PAPERS. 211
[N. H. Vote about Choosing Commissioners, 1730.]
[Mss. Prov. Boundaries, p. 40.]
In the house of Representatives
Whereas his Majtie hath by his 77th Instruction to his Excellcie Govr
Belcher, Directed to the Choice of some Discreet and Indifferent per-
sons out of some of the Neighbouring Collonies under his Majties 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
Excellces 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 Clr Assm
In Coun1 Eod die
Read and Concurr'cl R Waldron Cler Con
\N. H. Act of Authority to Commissioners, 1730.]
[Mss. Prov. Boundaries, p. 42.]
nyr TT r [in the house of Representatives.
Whereas his Excellencie our Govr hath been pleasd to Lay before
this house his Majties yjxh Instruction in Relation to the Boundaries of
this Province and the Province of the Massa Wherein tis recomended
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 finally to Deter-
mine ye Dispute Between the Two Provinces whose proceedings
therein are to be laid before his Majtie and be of None Effect till his
Majties Pleasure shall be known Thereon
Voted/ Now in Compliance with his Majties said Instruction and
that the Ends therein Proposed may be answered being so wisely Pro-
jected ; and whereas the Province of the Mass3 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 men alsoe to Joyn with them ; there Might many
Inconveniences arise. Therefore wee humbly presume that three
Gen1 of sincerity & Wisdome may be sufficient to Determine the
same : And as the honble Adolph Phillips Esqr of New York was pro-
posed to be Chosen by this Government at the Last Sessions and
since that the Province of the Massa has made Choice of him : And
he being a man so agreeable to his Majties Instructions : and Desier-
able by us of New hampshire Wee likewise Make Choice of him
and as the Province of the Massa has already Made Choice of the
Honble Joseph Talcut Esqr Govornor of Connecticut for one : Wee Do
Make Choice of the Honble Joseph Jenks Esqr Govornor of Rhoad
Island for another : and these three ^sons to be Comissrs 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
Impowred 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 Massa to signifie to the above Gen1 That they are so
Chosen for the Purposes & Ends affore said : And Pray their accept-
ance and if any of the above said Three Gen1 shall not accept or thro
some unforeseen Accident shall not be able to Come Then the Gen1
Chosen by this Goverment to signifie to the above Gen1 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 Gen1 Chosen by the Massa for
the like End : to do the like in Case it shall so happen with Govor-
nor Talcut ; And if the Honble Adolph Phillips Do not accept or
should be prevented Comming : That then both the Comittees Last
appointed by the Goverment3 shall Make Choice of a Propper ^son
in his stead ; and then these Commissrs to have the full power as the
^sons first Chosen to all Intents and purposes : Provided alwayes
that the Massa 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 ye same Corn-
miss1"5 as the southern line Next the Massa
9r the 24th 1730 — James Jeffry Clr Assm
In Coun1 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
[Mass. Act of Authority to Commissioners, 1 730/1.]
[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 Majesties 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 sd 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 aforesd 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 Esqr Governor of the Col-
ony of Connecticut, the Honorable Joseph Jenks Esqr Governor of
the Colony of Rhode Island, and the Honorable Adolph Phillips of
the Colony of New York Esq1" 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 PROVINXE 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 sd province of the Massachu-
sets held originally by purchase from the Assign of Sr 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 sd 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 Esqr
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
BOUNDARY LINE PAPERS. 21 5
Be it further Enacted That Edmund Quincy Elisha Cooke William
Dudley Benjamin Lynde Jun1' Esqrs and Mr 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.
\_MassacJinsetts Committee to Attend Commissioners, 1 73 1.]
[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 Majestys Prov-
ince of the Massachusets Bay in New England begun and held at
Boston upon Wednesday the tenth of February 1730 being Convened
by His Majestys Writs.
March 27th 173 1, In the House of Representatives ordered That
mr Cooke, mr Welles, and mr 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 Quincy and William
Dudley Esqrs are joyned in the affair.
2l6 PROVINXE OF NEW HAMPSHIRE.
[Massachusetts Committee Appointed to Agree with New Hampshire
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 Majestys 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 3rd 1 73 1, In Council, ordered, That Edmund Quincy and
William Dudley Esqrs 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 Esqrs 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 Junr Esqrs and mr Samuel
Welles be joyned with the Gentlemen of the Board before named
appointed for the Draught of a Bill, and John Stoddard Esqr, mr
Thomas dishing, and mr Elisha Bysby for the Draught of Instruc-
tions.
Consented to. J Belcher.
[iV. H. Vote and Amendments, 173 1.]
[Mss. Prov. Boundaries, p. 50.]
May the 6th 1730/ In the house of Representativs.
Whereas upon Reading a Transcript of the act of the Great and
Generall Court or Assembly of his Majties Province of ye Massa Bay in
New England Relating to the Boundary lines of that Province & the
Province of New hampshire Made and Passed in Yer 1731. Laid
before this house by his Excellency Govr Belcher. It is observed
BOUNDARY LINE PAPERS. 21 7
that the said act of the Massa is not correspondent to the Intent of
his Majties Instruction for Setling the Boundary lines —
Therefore Voted That this house adhere to their act Made and
passed in Newhampshire xr the third 1730, with these Amendments-
Viz1 1) Instead of the words (That then the affore said Commit-
tee with the Committee to be chosen by the Massa appoint another
person in the Roome of the said Mr Phillips) there be added : That
in case the said Mr 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 fteon of that Goverment
in the Room & Stead of the said Mr 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 Comissrs Shall adjudge :
3) and that a Clause be added as in the Massa act affore said that
the Comissrs Determination on the premises be Drawn up under hand
and Seale & 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 Clr Assm
In Coun1 Eod die
The Vote on the other Side read and nonconcured unanimously
and Voted that a Committe of this Govern^ be chosen to meet a
Committe of the Govern^ of the Massa 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 Goverm1 by the respective Com-
mittees) as may (if possible) answer so desirable an end — And In
Case the Governr* of the Massa declines chusing a Committe as
above, or if they should chuse, and the Committees should meet, but
not agree, That Then His Excellcy The Govr be earnestly requested
to State ye Case to His Majesty, that It may be known at home how
free and forward this Goverm1 has been in paying a Dutiful regard to
His Majestys Royal and Gracious Instruction relating to the above
affair Richd Waldron Secry
May ye 6th 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 Cler Assm
15
2l8 PROVINCE OF NEW HAMPSHIRE.
[Message of N. H. House to Council, 1 73 1.]
[Mss. Prov. Boundaries, p. 52.]
Whereas by the Verball Message Sent up to the board by Wear
Peirce Atkinson & Clarkson Esqr Setting forth how unlkely the Pro-
poseall made by his Excelency In his Message by Mr Waldron for
the Appointing Comittes by both Govermts was to Effect the Setlemt
of the Lines for that Expedient haveing been Tryd & to No Effect
& that this house Adheiredto their former Act with Such Amendmts
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 Majts 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 Majty In council & by the Encouragem1 of Sundry 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 Councill Should See meet to Joyn 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 hundd 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 Cler Assm
\_Votc of N. H. Council about Subscriptions, 1 73 1 .]
[Mss. Prov. Boundaries, p. 82.]
In Coun1 May 6th 1731
Whereas by a Verbal Message from the Assembly to the board
by Messrs Weare Peirce Atkinson & Clarkson It is declared to be the
Sentiments of the House That The Settlem1 of the Province line will
never be adjusted but by His Majesty In Council, and Whereas It
was moved To His Excelly & 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 Sd 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 aforesd Verbal message
R Waldron Secry
\New Hampshire Committee, 1731.]
[Mss. Prov. Boundaries, p. 53.]
In the House of Represen5
Whereas The General Assembly of This Province on the 3d day
of Decembr last pass'd an Act for Settling the boundary lines be-
tween this Province and the Massa Bay, and Whereas The General
Assemby of that Province have since done the like, a Copy whereof
has been laid before us by His Excellency 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 Forthwth chosen, to meet a Committee of the Gov-
ern^ of the Massa Bay at Newbury (if they see meet to Chuse one)
on the 22d of June next to treat wth 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 Gen1
Assemblys of Each Province, & that ye Said Committes make their
respective reports wth all Convenient dispatch, and That His Excel-
lency the Govr be desired, To Prorogue this Court when It rises to
ye Ist day of July next to receive ye Sd report & to Act what is proper
thereon, that the Controversy may be ended (if possible) by the first
of November next and That Nath1 Weare & Theo : Atkinson Esqrs
be of the Committe from this House to Joyn wth Such as may be
chosen by the board for the purposes before mention'd and yl the
Treasurer suply the Committe wth Money for their Charges
May 7th 1731 James Jeffry Cler Assm
220 PROVINCE OF NEW HAMPSHIRE.
In Coun1 Eodm die
Read and Concurred and Geo: Jaffrey & Henry Sherb" Esqrs ap-
pointed for the Service above R Waldron Secretary
May 8th 1731 I Assent to the foregoing Votes
J Belcher
[Letters from Elisha Cooke, of Mass. Committee, 1 731.]
[Mss. Prov. Boundaries, p. 57.]
Boston June 21st 1731
Sr/ yours of the 17th Ins1 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 Goverm1 will meet the Committee of
Newhampshire on Tuesday the Eleaventh of July Next at Newbury
if the Gen11 Assm of your Province Impower yours to meet on that
day —
I am in all sincerity yor obliged Humble Servant
Elisha Cooke —
Honble Geo : Jaffrey Esqr
vera Copia James Jeffry Cler Assm
July the 1-1731 In the house of Representatives —
Boston June 15th 1731
Gen1 on the second Ins1 the Gen11 Court appointed a Comittee to
meet you at Newbury in order to agree upon the Draught of a Bill to
Impower Commissrs to Setle the Boundary line Between this Province
and Newhampshire and in as much as the Court is sitting here and
in all probability 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 Ins1 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 Gen1 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 Gen1 your obliged humble Serv1 —
Elisha Cooke
BOUNDARY LINE PAPERS. 221
The Honble Geo : Jaffrey : Henry Sherburn Esqr Natha11 Weare &
Theo : Atkinson Esqrs
Copia attest James Jeffry Cler Assm
In the house of Represen1 July Ist 1731
\Proceedings of CoifJicil, 173 1. ]
[Mss. Prov. Boundaries, p. 56.]
Pro : of \ At a Gen1 Assembly held at Portsmouth by Adjourn-
N Hampr J m* thursday July Ist 1731
Present In Coun1
His Honr David Dunbar Esqr U Govr
Shada Walton ^| Joth° Odiorne )
Geo: Jaffry >Esqrs Hen : Sherburne > Esqrs
Richd Wibird J Richd Waldron J
A message from His Honr ye L* Govr To the House of Represen8
by ye Secry to require their Attendce at ye Council Board, The Speakr
& House came up accordingly to whom His Honr made a Speech &
Dd ye Same to the Speak1' (at his request) & yn yy withdrew to yr
own apart m1
A Message to the House by ye Sec17 to recommend to ym ye re-
vival of the Vote for a Committe to meet a Committee of ye Massa at
Newbury wth Sundry papers relating thereto.
A Message to the House ^ ye Secry to inquire whether anything
was like to come up to Night, ye Speak1" answered he tho't not. —
Adjd til tomorrow 10 a Clock A : M : —
Met according to Adjournm* fryday July 2d 1731
Present as Above —
A Message to ye Board by Messrs Jennis & McMurphy wth a Vote
for a new method for Settling ye Province line wch was nonconcurrd
& sent back by ye Secry together with a Vote of Coun1 for reviving
ye formr Vote wch ye House nonconcurred & sent up by Messrs Ste-
vens & Thing who also bro't up a Vote that ye House adhered to
their Vote sent up this day — a message from His Honrye L* Govr to
ye house by Col° Sherburn & ye Secry to Prorogue ye Gen1 Assmy to
ye first Wednesday of September next
222 PROVINCE OF NEW HAMPSHIRE.
[y. H. Vote in Regard to Committees, 1731.]
[Mss. Prov. Boundaries, p. 58.]
Province of 1 T , . , st m
at u r > July the Ist 1 73 1
New hampsr j J
Whereas the Gen11 Assembly of this Province Did on the 7th 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 & Enabling a Committee of this Province to
meet a Committee That Should be appointed by the Great & Gen11
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 wch said Committees were to meet at Newbury the
22d 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 Enabling a Committee
of this Province to meet the Committee of that Province at Newbury
the 13th Curr4 with a Direction to have the Gen11 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 Majties Goverment : and the Intent of his Majlies 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 honr the Liu1 Govr &
the Board will Come into the same —
James Jeffry Cler Assm
In Coun1 July 2d 1731
Read and Nonconcured — R Waldron Secretary
f& Jennis & Macmurphy —
In Coun1 July 2d 1731
Ordered That The Vote of Gen1 Assem>' made and past the 7th of
May 1 73 1 for appointing a Committe to meet a Committe of the
Mass3 At Newbury ye 22d June be and hereby is revived & that the
BOUNDARY LINE PAPERS. 223
Committes meet any time between the 12th of the Curr1 month & the
20th of August next & that the Said Committes make their report to
the Gen1 Assemblys respectively at the first Sessions of the Said
Assemblys after the Committes have met and Concluded upon the
affair R Waldron Secretary
Eodm Die : In the house of Representatives the above Read and
nonconcurred — James Jeffry Cler Assm
Eodm Die : In the house of Representatives
voted/ That the house adher'd to their former vote —
James Jeffry Cler Assm
[Petition from N. H. Council, 1731.]
[Mss. Prov. Boundaries, p. 61.]
To the Right Honoble 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 PROVINXE 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 Royal 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 Govrs 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 Goverr 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 Govr So as to enable a Govr of our
Own to Support the Rank. —
If we might presume to beg this Favour 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, Hut 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
We take leave of your Lordships, praying an Answer to this Re-
monstrance at your Leisure
We are with all possible Respect
Your Lordships most obedient & most humble Servants
July ye 10th 1 73 1.
Josh Peirce David Cargill
J Bradford Josh : Peirce
John Macmurphy Ge° Jaffrey
Theodore Atkinson Benning Wentworth
John Wentworth Joshua Peirce
Wm Brock
Jn° Rindge
Andrew Wiggin
David Jeffries
Tho : Packer
[Mass. Committee Appointed, 1731.]
[Mss. Prov. Boundaries, pp. 64-69.]
In the House of Representatives July 28th 1731.
Province of the
Massachusets Bay.
Whereas His Excellency the Governour at 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 aforesd 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 22d 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 21st of June wherein
it was proposed to meet them at Newbury on the 13th 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 15th and 21st of June reached
BOUNDARY LINE PAPERS. 227
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, desiring
the House to pass a Vote to enable a Committee of that Province to
meet at Newbury on the aforesd 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 21st of June, in which Letter is the fol-
lowing Paragraph " This Assembly bejrig still like to sit some time,
u the Committe here cannot meet the New hampshire Committee
" about the line till the 13th 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 th§ 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 yr 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 Majesty, 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
Ouincy, William Dudley, Elisha Cooke and Benjamin Lynde Junr
Esqrs and Mr Samuel Wells, Mr Elisha Bisby and Mr 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 17th 1 73 1
In the House of Representatives read & Concurr'd
sent up for Concurrence Jn° Ouincy Spr
In Council August 17th 1731 Read and Concurrd —
Sam1 Fyley ^ order of Council
Aug1 25th 1 73 1 Consented to J Belcher
A true Copy Examd %) J Willard Sec'ry
BOUNDARY LINE PAPERS. 229
\_N. H. Committee Appointed, 173 1 .]
[Mss. Prov. Boundaries, p. 70.]
In the House of Representatives
Voted, That Natha11 Weare & Theo : Atkinson, & Joshua Pierce
Esq1" Be A Comittee of this House to joyn with Such as Shall be
appointed by the Honble the Council to meet Comittee appointed by
the massachusetts at Newbury on the Joth Day of September Cur*
there to conferr & See if they can calculate an Act to be passed by
Both Governmts in order to Settle the Boundary Lines between the
Two Govermts & that the Comitte appointed by this Goverm1 be In-
structed Strictly to adhier to his Majtes 77th Instruction to his Excel-
ency Govern1' Belcher & Exactly to conform thereto in Every Article
& that they do not repair to Newbury to meet the sd Comittee ap-
pointed by the Massachusetts Untill they Shall be Apprized that the
Massachusetts Goverm1 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 Sd Comittee Such Instruction as is before mentioned
in Relation to his Majts 77th Instruction or if it Should So happen
that the Massachusetts Comittee Should not meet at the Time
abovesd — or in case they Should not Agree upon the Draught
of An Act according to the Above Sd 77th 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 Governm1 from Time to Time & how
far this Province hath Acceeded to the Settlem* of the Sd Lines & to
Transmitt authentick 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. —
7r the 16. 1 73 1 James Jeffry Cler Assm
Sent up f Clarkson & McMurphee —
[Vote of N. H. Council, 1 73 1.]
[Mss. Prov. Boundaries, p. 71.]
In Council Sep1 18th 1731 —
Voted That a Committe of both Houses be appointed to meet a
Committe of the Goverment of the Massa at Newbury any time
23O PROVINXE 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 Majtys yyxh Instruction to His Excellency the Govr but
that they do not proceed to Newbury, til they hear the Goverm1 of
the Massa 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 Massa 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 forthwth 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 Honble the Ldds 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 Honble the Ldds Commissioners aforesaid
Sent down for Concurrence R Waldron Secry —
In the house of Representatives Jx the 20th 1731
the above vote Read and nonconcurr'd and that the house adher'd
to their former vote —
James Jeffry Cler Assm
{Vote of N. H. House, 1731.]
[Mss. Prov. Boundaries, p. 74.]
In the house of Representatives.
Voted/ That Whereas Nathaniell Weare : Theodore Atkinson &
Joshua Pierce Esqrs 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 Massa at Newbury to see if they can Calculate
an act according to his Majties 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 &c that have passed
in this Goverment thereon, Now that the Assembly may be Apprized
of what the said Committee Shall write Voted that the said Commit-
tee do not write any thing as from this Goverment but what Shall
BOUNDARY LINE PAPERS. 23 I
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 —
7rthe 21-1731 James Jaffry Cler Assm
In Coun1 Eod die
Read and Non-Concurr'd R Waldron
{Report of N. H. Committee, 1731.]
[Mss. Prov. Boundaries, p. 75.]
Pursuant to a Vote of General Assembly made and pass'd Septem-
ber 25th 1 73 1 We the Subscribers met a Committee of the Massachu-
sets at Newbury the 30th 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 10th of
february 1730 which the General Assembly of this Province could by
no means agree to ; For 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 PROVIN'CE 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 wch Concluded our
Conference.
October 6th 1731 — Benja Gambling
Hen Sherburne Nath11 Weare
R Waldron Theodore Atkinson
October the 7th 1731 In the house of Represent
the above Return Read & acceptd James Jeffry Cler Assm
\_Proceedings of Council, 173 1.]
[Mss. Prov. Boundaries, p. 72.]
Pro: of ) At a General Assembly held at Portsmouth by Proroga-
N-Hampr j tion Oct1* 6 1731 —
Present
The Honble Shada Walton Esqr President
Geo: Jaffry ) p Henry Sherburne j p
R Wibird j ^Sq R Waldron ( nsq
Benja Gambling Esqr
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 Esqr and George Jaf-
frey Esqr likewise reported to the Council the Draught of a represen-
tation to be made to His Grace ye Duke of New-Castle relating to the
Said lines both which were read and sent down to the House *§ ye
Secry
Adjd til tomorrow 10 o'Clock A M
Pro: N-Hampr Met according to Adjournm* 8br 7: 1731
Present as Before
A Message to the House by the Secrv to desire ye representation
Sent down yesterday might be return'd to ye Board, whereupon ye
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. —
BOUNDARY LINE PAPERS. 233
A Message to the Board by Several Members of ye House wth a
Vote of the House for an Agent, and likewise a list of Acts & Votes
voted to be sent the Secretary of State, ye former of which The Coun-
cil did not think proper to Act upon, The latter the Concurr'd wth
amendmts & Sent it down by ye Secry
A Message to the Board by Two Members of the House wth the
Newbury Report voted to be Accepted, and the Vote of Council
upon the representations, beforementiond concur'd But the Amend-
ml of the Council upon their Vote relating to the List of Acts &
Votes nonconcurrcl, & a Vote of adherence to their former Vote. —
A Message to The House from the President by the Secry to de-
clare the Proroga of the Gen1 Assemy there to ye 25 febry next Pursu-
ant to His Excellcy the Govrs order wch was done Accordingly
[Appointment of John Rindge, by House, 1731.]
[Mss. Prov. Boundaries, p. J%.~\
In the House of Representatives
Whereas the Vote of this House of this Day for Appointing Cap1
John Rindge Agent for this Governm1 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 Sd Rindge be Impowerd by this House
as their Agent & be Invested with the Powers in Sd Vote Mentioned
& for the Ends therein mentioned
8r the 7th 1 73 1 — James Jeffry Clr Assm
Natt1 Weare Esqr Majr Bar1 Thing
Cap1 Millet Mr Benj Thing
Majr Jo Wingate Cor11 Paul Gerrish Esqr
Enters their Discents ag1 the above Vote
these Descents paid for all by Mr Bar1 Thing
\_Governor Belcher to Lords of Trade, 1732/3.]
[Mass. Archives, Vol. 52, p. 418.]
My Lords
Altho' I have wrote you *$ this Conveyance of 5, 8, & 12, Inst1 —
Yet the Ship being detained, I think it my Duty to Say to your Lord-
234 PROVINCE 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 Inclination
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 Nevv Hampshire, I think myself oblig'dto 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
Feb17 1 730/ 1.
Joseph Talcott Esqr, Govr of Connecticutt.
Joseph Jenks Esq1', Then Govr of Rhoad Island
&, Adolph Philips Esqr, Speaker of the Assembly at N : York,
are Gentlemen of good Ability & Integrity, and altho' the Massa-
chuslts 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 Bills of Credit on a Foundation of Gold & Silver, and that
I may have His Majesty's Leave for doing it in the Massachusetts, I
BOUNDARY LINE 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 impossible for that
little Province to Support any Trade. —
I have the Honour to be with all possible Esteem & Respect My
Lords
Your Lordships, most obedient & most humble Servant
Boston Janua 13 : 1732/3 J : Belcher
Lords of Trade
[Petition of John Rindge, Agent for New Hampshire, to the King,
I732-33-]
[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 Esqr Sheweth
That Your Majesty's said Province of New Hampshire is under
the immediate Government of Your Majesty, and the Inhabitants
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-
ernm1 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 Dee11 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 par-
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 Expence, 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 ye Charge
of Government, and at the Same time and under these Sinking Cir-
cumstances the Petr 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 Majtys Loyal Sub-
jects of New Hampshire with ye 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 80011 upon each of
those terms) but it produced no effect.
That during the Cessation in the beginning of Queen 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 clone by the Mas-
238 PKOVIN'CE 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 17 19 both the Province of New Hampshire and
the Massachusets appointed Commissioners, but with this difference
that the Comrs chosen by New Hampshire were directed to settle
both the Southern and Northern Boundaries of that Province but ye
Massachusets Commissioners Were to Settle only the Southern Boun-
dary of New Hampshire and those Commissioners met at Newbury 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, wch 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^5 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-
BOUNDARY LINE PAPERS. 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 Manifestly 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 77th Instruction
to Jonathan Belcher Esqr 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 sd 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
26th 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 Esqrs
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 Novr 1730 and in April, May July and Septemr 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 Bill to be passed in both Provinces in order thereto, but to
no manner of Purpose.
24O PROVINCE OF NEW HAMPSHIRE.
And on the 24 and 25 of Septem1" 1731 the Council of New Hamp-
shire appointed Henry Sherburn, Richard Waldron, Benja" Gambling
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 ye Massachusets Committees at Newbury on the
30th of Septem1' 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
Ma]**'" Province of New Hampshire than an Act which the Massachu-
sets had passed in Feby 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
Majty's 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
BOUNDARY LINE PAPERS. 24I
and appointed by the said Assembly, as an Agent to Represent Your
Majesty's said Province in great Britain with such full Power & Au-
thority as the House could give about the Premises.
In pursuance of which Power Yor 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 Property 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-
tv'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 however 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 affixt
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 ye 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
19th 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 ye 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 sd 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 ye 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.
1684 That in Trinity Term in the 36th 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 ye 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 ye 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 Eastward 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 Mr 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 Majtiss 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 ye Atlantick or
" Western sea or ocean on the South part, and all the Lands and
" Hereditaments whatsoever lying within the Limits aforesaid and
BOUNDARY LINE PAPERS. 245
" extending as far as the outermost Points or Promontories of Land
" called Cape Codd and Cape Mallabar 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 ye South Sea or Westward as far as our Colonies of Rhode
" Island, 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 Piscataqua 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 sd River of Sagadehock or any
I 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 Miles 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 verv 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
era Lands as the Province of Main &ca, 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 &c\
and run to the South on the West part, or so farr towards the South
sea (or Westward) as the Colonys of Rhode Island Connecticut and
the Narrhagansett Country.
BOUNDARY 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 Majtys 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 graciously 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 Westward 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 Majesty'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 Majtys 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 PROVINCE 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
[JV. H. House to Gov. BelcJicr, 1732/3.]
[Mss. Prov. Boundaries, p. 80.]
May it Please Yor Excellency
This house haveing recd Many and great Complaints of the Ex-
treem Difficulties his Majties Subjects in this provs Labour under by
the Incroachments of ou[r] Neighbours the Inhabitants of the Massa
which are Dayly Made on the land of the Inhabitants of this his
Majtis provs prticulerly 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 provs of the
Massa & there Tryed & Condemned in great Cost Even to the Im-
poverishing the Sd Towns, Some of which Towns ^rticulerly 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 Sd 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 Yor Excellency, in behalfe of those poor Distressed People, and
pray that yor Excellency would be pleased to recomend to the Gen11
Assembly of Your Other Govern^ that they put a Stope to all Such
proceedings untill his Majtie Shall graciously be pleased To Order the
Settlemts of Boundary Lines, and to Assure yor Excellency that this
House will readily Joyne with Yor Excellency & the Honble 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 Reprsentatives March 7th 1732/3
Geo Walton Clr protein?
BOUNDARY LINE PAPERS. 249
\_Vote to Suspend Lawsuits, 1732/3.]
[Mss. Prov. Boundaries, p. 79.]
In the House of Representatives 9th 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 Quietts 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 ye 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 Clr protemy
In Coun1 March 10th 1732/3
Read and Concurrd R Walclron Secry
Same day Consented to J Belcher
\_Ex tract of Letter from Agent Wilks to Secretary Willard, Feb.
12, 1733/4-]
[Mass. Archives, Vol. 52, p. 430.]
Mr Secretary Copy ^ Cap11 Crocker.
Sr I have the Honour to advise you of my having duly reced ye
Instructions & Papers Ordered by the Generall Court relating to the
Boundaries between the Province of ye 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
2 50 PROVINCE OF NEW HAMPSHIRE.
In Obedience to ye 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 ye 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 Govern1" & 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 &ca 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 ye 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 neighbours Gov-
ernments & that they should have the matter refer'd to them wthout
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 Adjournal.
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 I
if there be no other determination in ye 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 Board whose favour in
this affair I have great hopes of.
I Apply'd to Mr Duramer 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. * * * *
[Massachusetts Submits to Settlement by Commissioners, 1733/4.]
[Mass. Archives, Vol. 5, p. 50.]
To the Right Honrle 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 Engd in relation to the Petition of Mr 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 yor 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 may 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 Serv1
[Francis Wilks, Mass. Agent.]
London ye 15th February 1733/4
252 PROVINXE OF NEW HAMPSHIRE.
[Petition of John Rindge to Commissioners for Trade and Planta-
tions, I733/4-]
[Mass. Archives, Vol. 5, p. 47.]
To the Right Honble The Lords Commission1"5 for Trade and Planta-
tions.
The Humble Petition of Jx° Rindge of his Majties Province of
New Hampshire in America Esqr Sheweth/
That your Petitioners Petition to His Majesty in Council, praying
His Majesty s Determination & Ascertainment of several Boundary s
of his said Province of New Hampshire having been referred to a
Committee of His Majesys most Honole 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 yor Lordships order of May last (Nine months
ago) he was commanded, has at last, laid before Yor 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 Commissrs 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 Yor Lordships) may direct a short
limited time for ye 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 ye 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 ye 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 Majestys 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-
BOUNDARY 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 ye Massachusets ; which is
West 6 J- Degrees North, for variation to be the same Breadth in Lat-
itude & Length in Longitude quite from ye 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 Yor Petitioner shall [torn]
Febru? 15th 1733/ Fred : [torn] for the [torn]
2 54 PROVINCE OF NEW HAMPSHIRE.
[Extract of Instructions from MassacJiusetts Government to Agent
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 1st & 15th of that Month, We have re-
ceived. Your first understanding of Our Instructions, that the Per-
sons should be chosen here, 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 Receiv'd 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 Govern1" or in his absence the Deputy
Govern1" 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
BOUNDARY LINE PAPERS. 255
attachment or prejudice to either side, We think it the most likely
method for an Equal decision. * * * *
[Extract of Letter from Agent Wilks to Speaker of Mass. House y
Aug. 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 3d 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. * * *
[Extract of Letter from Ageiit Wilks to Speaker of Mass. House,
I735-]
[Mass. Archives, Vol. 52, p. 442.]
(Copy f Capn Bayly :)
Mr Speaker, London March 29th 1735.
Sr My last was dated the 17th Ult°, which hope you'l receive since
which the Attorney & Sollicitor Gener1, 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 Rt Honble the Lords of the Committe
of his Majestys most Honble 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 Massachusets 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 16th Day of April
1 733, we have examined the Petition of John Rindge of the Province
of New-Hampshire in America Esqr 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 Mr Wilks, Agent for the Prov-
ince of the Massachusetts Bay, who, having taken time to transmit
the same to His Principals, did on the 14th 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 Mr 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 M1' 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 ye Petition of Mr 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
BOUNDARY LINE PAPERS. 257
Massachusetts Bay, & for & on their behalf humbly submit it to your
Lordships, & do hereby consent & agree, that the said Boundarys
may 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 Mr Rindge, we received the Day following a second Petition
on His Behalf from His Solicitor Mr 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 19th 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 5th 1735. T. Pelham. M. Bladen.
Edwd Ashe. R. Plumer.
[Agent Wilks to Secretary Willard, 1735.]
[Mass. Archives, Vol. 52, p. 447.]
London 28th June 1735.
Sr I am favour'd with yours ^ Capn 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 Hampshr 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-
cilor Strange but their Lordships would not let us Enter 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 ye 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 Honble 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
sr/
Yor most Obed* Hum : Servt
Fra Wilks.
To The Honble Josiah Willard Esqr Secretary of ye Province of the
Massachusetts Bay./
{Report of Committee of Kings Council on Petition of JoJin Rindge,
I735-]
[Mass. Archives, Vol. 5, p. 54.]
At the Council Chamber Whitehall the 15th day of December
1735
By the Right Honourable the Lords of the Committee of Council
for Plantation Affairs. —
260 PROVINCE OF NEW HAMPSHIRE.
Your Majesty having been pleased by Your Order in Council of
the 29th of March 1733 to referr unto this Committee the humble
Petition of John Rindge of Your Majestys Province of New Hamp-
shire in America Esqr 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 16th of
April 1733 take the said Petition into their Consideration and tho't
proper to referr the same to the Lord's Commissrs 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 Mr Wilks Agent for the Province of the Mas-
sachusets Bay, who did by a Letter bearing date the 1 5th of February
1733/4 acquaint the said Lords Commissrs 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 Commissrs should
have the matter in Controversy left to them fully and without any
limitations Saving only that the Lines however they may happen to be
run should not Affect t/ie 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
BOUNDARY LINE PAPERS. 26l
And Your Majesty having been pleased by Your Order in Council
of the Sixth of Novr last to referr likewise unto this Committee a
Petition of the said Francis Wilks Agent for the Province of the
Massachusets Bay praying that he may not be bound by the Consent
and agreement which he had Signified to the Lords Commissionrs for
Trade and Plantations by the Letter beforementioned and also pray-
ing that in whatever 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 that in
the running tJie said Boundary Line due Care should be taken that
Private Property may not be Affected thereby.
[Committee of Kings Council to Nominate Commissioners, 1735/6.]
[Mass. Archives, Vol. 5, p. 53.]
[Seal] At the Court at Sl James's the 22dday 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 15th 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 Commissrs to be
Chosen out of the Neighbouring Provinces should be appointed and
Authorized by His Majesty to meet within a limittecl 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
[Names of Commissioners Aromiuated, 1736.]
[Mss. Prov. Boundaries, p. 98.]
To the Right Honoble the Lords of the Committee of His Majesty's
most Honoble Privy Council.
My Lords —
Agreeable to your Lordships order of Reference, dated the 24th
Day of January last, we have considered of proper Persons to be
appointed Commissrs 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 Esqrs of the Province of New-
York ; John Anderson, John Hamilton, John Wells, John Reading,
and Cornelius Van Horn Esqrs of the Province of New-Jersey ; Wil-
liam Skene, Will™ Shirreffe, Henry Cope, Erasmus James Phillips
Esq1'3 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 Ist 1736.— T. Pelham. R. Plumer.
Edwd Ashe. M. Bladen.
BOUNDARY LINE PAPERS. 263
[A7". H. Committee to Attend Commissioners, 1736.]
[Mss. Prov. Boundaries, 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 xr Last His Majtiein Councill was gratiously pleased to accept
the Report Made by the Right Honble the Lords Commissrs for Trade
and plantations, and that our Agent in a short time expected to ob-
taine a Commission appointing & authorizing Commissrs to run and
mark out the Boundary Line Between this His Majties Province &
that of the Massa and in asmuch as this affaire will be attended with
Considerable Charge & it will be necessary to have a Committee to
attend the said Commissrs in the Said affaire Wherefore
Voted that Andrew Wiggin Esqr Theodore Atkinson Esq1" & John
Rindge Esqr be a Committee for this House to Joyne wth Such as the
Honble Board shall appoint to Waite upon said Commiss1'5 & 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 Gen1 Assm of the
Money so Delivered them by the Treasurer how Expended for their
allowance
Aprill 30th 1736 James Jeffry Cle1' Assm
In Coun1 May 10, 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 Richd Waldron Secry
[Francis Wilks to Secretary Willard, 1736.]
[Mss. Prov. Boundaries, p. 100.]
Extract from Mr Agent Wilks's Letter to Mr Secry Willard of May
19th 1736 —
Mr Secfy
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 confirmed. I shall be glad
to receive the General Court's Instructions about it, to be made use
of in that Case. —
[Instructions to Francis Wilks, Agent for Massachusetts, July 23,
1736.]
[Mass. Archives, Vol. 52, p. 449.]
Sir, I am directed by the Govr & Council to acquaint you that
your publick Letter of the 19th of May last with the Report of the
Board of Trade for naming Commissrs on the Affair of the Line be-
tween this Prov. & New Hampsr has been laid before ym And they
think it proper to advise you to use your utmost Endeavours to stay
all further Proceedings on yl Affair till you can have an Answer to
your sd 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 Willard, 1736.]
[Mass. Archives, Vol. 52, p. 450.]
Mr 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 upon 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 Breviate 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,
Yor most Obed1 Hum: Serv*
London ye 19th August 1736. Fra Wilkes
\_Report of Instructions to Commissioners, 1736.]
[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
26th 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 Comrsfor this purpose specifying the time
before which the said Com15 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.
18
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 Comrs
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 Comrs should hold their first meeting, Yet upon Consideration
we found it convenient to appoint a positive day because the great
Distances the Comrs 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 Comrs should be appointed to be held there.
With regard to the number, a Quorum of the Comrs should consist
of, we take leave to observe, that altho there are twenty Com1'3 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
Comrs as shall undertake the same, we are of opinion that five Comrs
should be deem'd a sufficient Quorum and that all Determinations
shall be by a Majority of the Comrs present ; we are the rather of this
opinion because each Province will have the liberty of appealing from
any Sentance given by these Comrs 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 Com1"- 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 Comrs of appealing to His
Majesty in Council from such Determination and that the Comrs 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
Govrs of the Provinces where these Comrs do reside of His Majestys
Intentions to setle the Boundarys of the two Provinces aforesaid by
Comrs to be appointed by His Majesty, and that the respective Govrs
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 Comrs 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
Comrs who are also to administer an oath or affirmation to such clerks
or other Persons as they shall Employ 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 Comrs 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
sd Comrs may be servd or left —
That each of the said two Provinces do send to the said Comrs 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 Comrs be directed to use all Convenient Dispatch in the
Execution of this affair —
That of the Comrs 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 Comrs 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 Comrs 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 Comrs 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 Comrs 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 Comrs shall appoint
at which either of the Provinces who shall find themselves aggrieved
may enter their appeal with a Declaration what parts of the Deter-
mination of the said Com1'5 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 Comrs — That if at this last meeting
of the Comrs neither Province do enter their appeal the Determina-
tion of the Comrs do then become final & Conclusive to all Parties —
And that during the meeting of these Comrs the Govrs 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 Servts
Whitehall Fitz. Walter M Bladen
Dec1" 8th 1736 T Pelham Orl° Bridgman
R Plumer
Copy Examined "$ J Willard Sec'ry
[Francis Wilks to Secretary Willard, 1736/7.]
[Mss. Prov. Boundaries, p. 84.]
Extract from Mr Wilks's Letter to Mr Secrry Willard. —
Mr 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 recd, and their Lordships
have been pleased thereupon to make sundry Alterations, particularly
in that of keeping the Assembly sitting, or under short adjourn-
ments, during the meeting of the Commissrs — 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
Commissrs 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 Island, 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 21st Februa 1736/7.
\Petiti01i of Francis Wilks, 1736/7.]
[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 & Expence 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
27O 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 making 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 26th 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 Majesty to give to the said Commissrs specifying
the time before which the said Commissrs should hold their first
meeting, the most convenient place for such their meeting, and of
what number the Quorum should consist.
That the Lords Commissrs of Trade and Plantations have accord-
ingly, by their Report bearing Date the 8th Day of Decrlast, 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 Commissrs 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 Commissrs 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 Commissrs of Trade then proceeded to lay before
your Lordships such Directions, as they should think necessary to be
given to the said Commissrs and amongst the rest are pleased to pro-
pose, that each of the said two Provinces do send to the Commissrs
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 Parts 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 Commissrs 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 Commrs to adjourn, in order to give time to appeal, your
Petitioner humbly apprehends it is not meant, or intended, that the
Commrs should have power to abridge the Six weeks proposed to be
given for that purpose, whereas if the Directions, which are sent to
the Commrs 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, such further reasonable
time, as the Commissrs shall appoint.
That your Petitioner further humbly apprehends, that by the said
Directions proposed to be given to the Commrs, 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, viz1,
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
272 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 Commissrs 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
Comrn" 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 Commissrs 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.
\_Nezv Hampshire Agents, 1736/7.]
[Mss. Prov. Boundaries, p. yj-~\
October the 17th 1 73 1 : In the House of Representatives :
Cap1 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
Janr 2d 1733/4 Cap1 John Rindge inform'd the House of his pro-
ceedings in Great Brittaine in the affaire of the Lines & y1 he left
Capt John Thomlinson to Represent the Province at home in his
Stead.
Janr 11th 1733/4 Cap* John Thomlinson In the House of Repre-
sentatives was Voted to be Agent for this Prove at the Court of Great
Brittaine to Sollicit the speedy Setlem1 of the Boundary Lines.
gr jgth j 734 t^ saici Cap* Thomlinson was Chosen to Solicit the
affaire of the Lines
May 6th 1 73 5 : Cap1 Thomlinson was Chosen agent for this House
to solicit the same affaire of the Lines
Apr 23d 1736. Cap1 Thomlinson was Chosen agent for this House
to Solicit the same affaire of the Lines.
Mar 16 1736/7 Cap1 Thomlinson was Chosen agent for this House
to Solicit the same affaire of the Lines
James Jeffry Cler Assm
\_N. H. Committee to Attend Commissioners, 1737.]
[Mss. Prov. Boundaries, p. til]
Apr isc 1737 In the House of Representatives
Voted That Mr Speaker Wiggin John Rindge Esq15, Mr Thomas
Packer & Cap1 James Jeffry be a Committee of this House to Joyne
with Such as the Honble the Council shall appoint to Waite upon,
and attend, the Commissrs his Most Excellent Majlie 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 Commissrs 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 Cle1' Assm
In Coun1 Eodm die
Read and Concurrd and Voted that Mr President Walton Geo: Jaf-
frey Jotham Odiorne and Theodore Atkinson Esqrs be joyned with
the Gentlemen above for the Service above —
Richd Waldron Secry
Same day assented to — J Belcher
274 PROVINCE OF NEW HAMPSHIRE.
\_Commission of Boundary Line Commissioners^
[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 &ca To our Trusty & well
beloved George Clark, Francis Harrison Cadwalder Colden Abraham
Van-Horn and Philip Levingston Esqrs 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 Esqrs 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 Esqrs 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
Esqrs 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 Massa Bay &
New Hampr 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 Sd Province of New Hampr 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. 275
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 Meeting, 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
Hampshr 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 five 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 PROVINCE 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
Sd 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 Sd Provinces and further our Willis, 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 Richd Waldron Secr>' —
Compared wth ye Original Sep1 17, 1737. —
[Mass. Committee to Escort Commissioners, 1737.]
[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 junr Esqrs 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. Attr Simon Frost Dep* Secry
BOUNDARY LINE PAPERS.
277
{John Rindge to Commissioners , 1737.]
[Masonian Papers, Vol. 4, p. 116.]
Province of
New Hampshire
Hampton August the first 1737/
May it please your honrs
I Presume each of you have received a Coppy of a Commission
under the Great Seale Dated Aprill the 9th 1737 — Appointing you
& others Commissrs 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
Yor honrs Most humble and most obedient Servant —
J Rindge
[Proceedings of the Boundary Line Commissioners. ~\
[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 9th 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 4th of this Instant in the words following — Viz1
" Your Majesty having been pleased by Your Order in Council of
" the 22d 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 limited time and Mark out the dividing Lines be-
"tween the said Provinces Care being taken that private property
"should 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 Commissrs 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 the De-
" 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 persons as shall be found necessary to be ex-
" amincd 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. 279
' Affirmation to such Clerks or other persons as they shall employ
' for the due and faithful Execution of their Trusts. —
" That in case each of the two Provinces whose Boundarys 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 what
' 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
6 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
1 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
280 . PROVINCE 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 Inception shall be afterwards received or
"admitted and such Determination of the Commissrs being Confirmed
" by Your Majesty shall be final and Conclusive to all Party s —
" 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
" shoulcl 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 Commissrs
" And to recommend it Strongly to such of the said Commissrs 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 Writing describing where and in what
BOUNDARY LINE PAPERS. 28 1
" 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-
pare and lay before His Majesty at this Board The Draught of a
Commission to be past under the Great Seal Agreable 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 Aug1 1737. In the morning.
At a Meeting of 4 of the Commrs then held the above Comm'on
was read & Wm Parker a Gent of New Hampshire was appointed by
the Commrs to take Minutes of their Proceedings untill there shod
be a quorum of the Commrs present & an Oath was admred to him
for the ffaithfull Discharge of that Trust
Then a Com'ee of 8 Gent appointed by the Gen11 Court of the
Province of New Hampshire appeared & laid before the Commrs a
Vote of the Gen11 Court of that Province passed by the Gen11 Assem-
bly 1. April 1737.* appointing them a Com'ee to attend the Commrs
his Ma'tie had or might appoint to mark out the Boundaries between
the sd Provinces & to provide Witnesses Pleas & Allegations Papers
& Records to be presented & made before the sd Commrs in that
affair & to provide for the reception & entertainm* of the Commrs, &
any 5 of the sd Com'ee to be a Quorum, With an Order upon their
Trea'rer to supply the sd 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 Commrs in writ-
ing the names of 2 Publick Officers (Viz* Richd Waldron Secr'y &
Eleazer Russell Esq1" Sheriff of sd Province both of Portsmouth in
New Hampshire) on whom the Commrs 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 HoNble the Commission1"5 Appointed by His
New Hampr \ Majesty's Commission under the Great Seal to Settle
the boundary Lines between His Majesty's Province of New
Hampshire & the Massa 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 Commission1"5 may be Served or Left —
And inasmuch as the Council & Assembly of New Hampshire
have not been Convened Since the Arrival of the Said Order and
that there Should be no failour for want of Such Officers being Nom-
inated. —
We the Committee Appointed by the Gov1" Council & Assembly
of this Province to Provide Witnesses Pleas &c. to be presented &
made before Your Honrs Do hereby Appoint Richard Waldron Esq1"
Secry of the Province of New Hampshire And Eleazer Russell Esq1"
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
Hon1"5 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
Yor Hon15 Humble Servts
Hampton Augst Ist 1737/ Shad Walton
Geo. Jaffrey
Jotham Odiorne
Theodore Atkinson
And1' Wiggin ' Committee
J Rindge
Thos Packer
James Jeffry
The sd New Hampshire Com'ee also laid before the Comrn1'5
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
BOUNDARY LINE PAPERS. 283
[In place of the abstract here entered, this document is given in full
from the original in Masonian Papers, Vol. 4, p. 120.]
Prov. of ) To The HoNble the Commissioners Appointed by
N. Hampr \ 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 Hampr to lay before Your Honrs 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 Honrs That New Hamp-
shire is a Small Province Laving principally between that which was
formerly the Colony of the Massa 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 Octobr
20th 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 & Extending 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 Governmt 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 Honrs to determine the Said Bound-
aries & the Execution thereof be Equally Born by Each Province ac-
cording to the Order of Council of the 9th of Febry 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 Honrs Humble Servts
Hampton August Ist Shad Walton
1737 Geo. Jaffrey
Jotham odiorne
Theodore Atkinson
A 1r ,,T. . VCommittee
Andr vviggm
J Rindge
Thos Packer
James Jeffry
The Commrs then Ordered the sd Papers to be laid on the Board &
Adjourned to 4 o' Clock in the afternoon
The Commrs at their Meeting in the afternoon according to Ad-
journm1 (when a Quorum of the Commrs 7 in number attended) Ap-
pointed the sd Wm 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 Commrs a Vote of the Gen11 Court of that Prov-
ince passed by the Gen11 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, 4th Ordered, That Josiah Willard Esquire Secretary of
this Province, and Edward Winslow Esquire, 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 Frost Dep* Secry.
t
In the House of Representatives, July 5, 1737.
Read, and Concurr'd J Quincy Spkr
Consented to, J Belcher
A true Copy Exm'd ^ Simon Frost Dep1 Secry
N. B. The Dwelling House or place of Abode of Josiah Willard
Esqr is in School Street, & of Edwd Winslow Esqr above named is in
Kings Street in Boston within the Province abovesd
Attr Simon Frost Dept Secry
The sd 2 Members of the Massachusetts Council also laid before
the Commrs,
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 Fourth 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 2d Aug4 & the cons: of the papers laid
before the Commrs by the Com'ee of New Hampshire were deferred
to a future day & the Court Adjourned to Tuesday at 10. ffo : 16.
2 Aug1 1737.
The Commrs read & took into cons: the sd 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 Commrs —
[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 Commission1"5 Appointed by
New Hampshr J His Majesty to Settle the Boundary Lines between
BOUNDARY LINE PAPERS. 287
the Provinces of New Hampshr & ye Massachusets Bay in New-
England
We the Committe Appointed by the Gen1 Court of the Province of
New Hampshr to prepare a State of the Demands & Claim of the
Government of His Majestys Province of New Hampshr 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 Govern^ of ye 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-
sh1' 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 Hampshr 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 ye
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 ye Commissioners Pursuant to Which, His
Majestys Commission under the Great Seale 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 Hampshr 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
Datd ffebruary ye 9th 1736 to the Same Purpose both the sd 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 Hampshr 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
Hampshr 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 Hampshr —
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 Hampshr
Yr Honours Most Obed1 Humb1 Servts
Hampton Augst 2d 1737 Shad Walton
Geo. Jaffrey
Jotham Odiorne
Theodore Atkinson
Andr Wiggin
J Rindge
Thos Packer
James Jeffry
The Court then took under cons: Whether the Massachusetts shod
have a day Assigned them to bring in their Demands & Resolved
that they shod have time till 8 Aug1 & 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 Commrs then Adjourned to Monday 8 Aug1 ffo: 20
[This letter is here given in full from Masonian Papers, Vol. 4,
p. 124.]
Sr The Honblc the Court of Commissrs Appointed by His Majesty
to Settle the boundary Lines between ye Provinces of the Mass3 Bay
& New Hamp1' have Ordered me to Inform you that they have Re-
ceived Your Letter of yc 27 of July last wherein you have made no
further Demands than only that they would grant a further time for
> Committe
BOUNDARY LINE PAPERS. 289
ye Prov of the Massa to prepare a State of their pretentions &c wch
ye Court has Considered & thereupon Resolved that they would Sus-
pend the further Consideration of the Matters in Dispute until Mon-
day ye 8th Inst1 at which time (at furthest) they Expect that the Prov-
ince of the Massa 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 Hampr ought to
begin & what Courses & how far the Same ought to Run Respec-
tively— otherwise the Court will agreeable to the Direction in their
Commission proceed to Settle ye Said Boundary Lines Ex parte —
by order of the Said Court
Hampton Aug 2. 1737 Wm Parker Cler
Josiah Willard Esqr Secr of ye Prov of the Mas3 Bay
8 Aug1 1737
The Com'ee for the Massachusetts Bay being 10 in number laid
before the Commrs a Vote of the Gen11 Court of the Province appoint-
ing them Agents in behalf of the Province to attend the Commrs in
support of the Claim of the sd Province, & likewise Presented to the
Commrs the ffoll State of their Demands approved of by the Gen11
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 4th Day of August, 1737. —
In the House of Representatives August. 5. 1737.
Voted That Elisha Cooke Esqr Mr Thomas dishing Job Almy
Esq1' Henry Rolfe Esqr and Mr 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 Honble 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 Quincy Spkr
In Council August. 5. 1737.
29O PROVINCE OF NEW HAMPSHIRE.
Read and Concur'd and Edmund Ouincy, William Dudley Samuel
Welles, Thomas Berry and Benja Lynde junr Esqrs are Joined in the
Affair — J Willard Secry —
Consented to. J Belcher/
•A true CojDy 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 Vers 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 Ist by His Letters Patents
Dated 4 Car. March 4th 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 Viz1 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 20th July 1677 upon the Petition of Mr Mason, and Mr
Gorges against the Colony of the Massachusetts Bay, the Northern
bounds of this Colony were brought in Judgment before His Majesty
Kinc: Charles the Second and after Several References and Hearings
His Majestys final Judgment in Council thereupon was given Viz1
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. 20,1
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 7th
October 1691 united the late Colony of the Massachusetts the Prov-
ince of Main 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 2d 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 PROVINXE 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 5lh 1737. J Willard Sec'ry.
ffo : 27. The Commrs 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 9th of that Aug1 that the resp'ive Com'ees
might then Present their Ansrs to each others Demand — And ac-
cordingly
9 same Aug1 ffo: 28 — The Commrs met & appointed another
Clerk Benjamin Rolfe a Massachusetts man & neither of the Com'ees
being ready with their Ansrs The Court Adjourned to Wednesday
the 10th
10 Aug1 1737 — Further Adjournment to 1 Ith
[Gov. Belcher s Message to N. H. Assembly, 1737.]
[Mss. Prov. Boundaries, p. 125.]
Gent111 of the Councill and house of Representatives —
His Majties 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
Majties Commission —
I prorogued this Court to this time and place & that of the Massa
to the Town of Salisbury that the two Assembly s Might Sit Near to
one another ye 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 Augst 10th 1737 J Belcher
1 1 Aug1 1737 — The Commrs 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 Ansr where it referred to the mistakes in the sd Claim which
being done) Both Province delivered in their Answers to each others
Claim to the following effect.
BOUNDARY LINE PAPERS. 293
Answer New Hampshire to Massachusetts 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 Hampsh1" \ sioners for Marking out & Settling the Boundaries
between the Province of New Hampr & the Province of the Mass4
Bay in New England
Saving the benefit & Advantage which may Arise from the Bill of
Exception And Protest as filed in Court the Second Inst1, in behalf of
His Majesty's Governm1 of New Hampshire — This is Presented to
Your Honrs as a Reply to the Demands & Pretensions of the Prov-
ince of the Massa Bay Entred & filed the Eighth Curr1 as also in
Support of the Demands & Pretensions of the Province of New
Hampshire as Enter'd the first Inst1 — 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, as a^so with Informing Your Honrs
of a Determination of His Majesty King Charles the 2nd in the
Year 1677 of a Dispute between Mr Mason & Mr Gorges on the One
part, & the Late Colony of the Massa 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 Hamp1' 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 Honrs
Judgment, for we Insist that it is Intirely Void — as will Appear if your
Honrswill 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 Govr & 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 aforesd
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 Massa Bay was under the Kings Im-
294 PROVINXE OF NEW HAMPSHTRE.
mediate Government, until the Year 1691 when upon the Application
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
Petitionrs & 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 Massa 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 Honrs may be Re-
cciv'd & Enter'd at Large in Yor 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-
BOUNDARY 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 ye 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 granting 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 aforesd 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 ye Massa 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 Massa —
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 PROVINXE 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 ye Atlan-
tic, at the end of the Said three Miles ; now tis not possible to be
within the breadth aforesd 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 within all the breadth & Compass aforesd as also
those other North & S07UJ1 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 Massa 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 Mr Gorge and Mr 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 may 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
BOUNDARY 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 Northward 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 Massa have
now laid before Your Honrs after they have Run with the River till
they come to their Tree aforesd, 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 Honrs, 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 Miles from whence the Dividing Line between the Province
" of New Hampr & the Province of the Massa Bay 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
23
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 determined ?
But the Massa tell your Honrs 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 Inferrd from the Grant of the Commission Im-
powering Yor Honrs 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-
vine'd — What is offer'd in the Demands of the Massa Appears to us
so highly unreasonable that we have been led to Say more than oth-
erwise we should —
Rut on this part of the Dispute we would only Add that if after all
yor Honrs 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 Hampr or the Line that
should be run between that part of the Province of the Massa Bay
which was the late Province of Main & New Hampshire, We think
that the Massa 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
BOUNDARY LINE PAPERS. 20,9
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 Massa viz the Easterly 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 Hampr 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 aforesd we Say
belongs to the Province of New Hampsh1" & has by virtue of the
Kings Commissions from time to time been Erected into & Estab-
lished a Province by the Name of New Hampr with Such Powers &
Privileges as have been 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 Honrs Consideration & Judgment
And Humbly pray all Convenient Dispatch —
We are in behalf of His Majestys Government of New Hampshire
Your Honrs Humble Servants
Shad Walton
Geo. Jaffrey
Jotham Odiorne
Theodore Atkinson
Andr Wiggin
J Rindge
Thos Packer
James Jeffry
V 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 Honble His Majtys 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 Massachusetts 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 sd 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 Yo1 Honrs by said Province) are taken pursu
ant to the express direction of His Majtys Royal Commission to Yor
Honrs directed So farr as the Sd 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
Majtys Royal Commission aforesd 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 aforesd who Exhibited the State
aforesd duly Authorized & qualifyed to represent Our sd Lord the
King in manner and form as they Set forth in the State aforesd, and
of this the sd province of the Massachusetts prays the Judgment of
this Honble Court, And the Province of the Sd 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 Majtys other Governmts But by Law and Jus-
tice the Southerly Boundaries of the Said Province can only be ex-
tended to the Northerly Boundaries of the Sd 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 of 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. 301
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 Fourth 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 viz1 " All that
" part of New England in America aforesd 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 Mattachusetts 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 sd
" 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
" Southernmost 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 aforesd North and South in Latitude and breadth
" and in length and Longitude of and within all the breadth aforesd
" 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 Viz1 u 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 PROVINXE OF NEW HAMPSHIRE.
" withstanding ; As by the said Letters Patents (now before Your
Honrs 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 ye
Southwest in the words following viz1 " 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 Sd Letters Patents,
also now produced, (relation thereunto being likewise had) may more
fully appear. And their Majtys 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 Erected
as aforesd in the words following viz1'4' 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 aforesd 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
" aforesd 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 viz1 " 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 clone 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 fcr 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. Whereby 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 Bay 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 Mr Mason
and Mr 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 7th 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 Mr Mason and Mr 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 Viz1
[This document is here given in full from Mss. Prov. Boundaries, p. 1.]
At the Court at Whitehall the 20th 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 Mr Secretary Coventary
Earl of Northampton Mr Secretary Williamson
Earl of Peterboro' Mr Chancell1" of the Exchequer
Earl of Strafford Master of the Ordnance
Earl of Sunderland Mr Speaker
Earl of Bath
304 PROVINCE OF NEW HAMPSHIRE.
Whereas the Right Honble the Lords of the Committee for Trade
and Plantations did in Pursuance of an Order of the 7th of February
last make Report to the Board of Matters in Controversy between
the Corporation of the Massa Bay in New England, And Mr Mason
& Mr Georges touch5 the Right of Soil and Governm1 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 Majesty — Having recd Your Majestys Order
in Council of the 7th of Febry 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
& Mr Mason & M1' 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 Yr 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 wch 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 Govern ml & the Petitioners having waved the Pretence
BOUNDARY LINE PAPERS. 305
of a Grant of Governm1 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 15th Year of his Reign made to Sir Ferdinando Gorges &
his Heirs of the Province of Main & the Governm* thereof. In An-
swer to this, the Respondents alledged that long before ; Viz1 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 Hereditamts
" whatsoever lying and being within the Space of three English Miles
" on the South Part of ye said Charles River or of any or every Part
" thereof, And also all and singular the Lands and Hereditamts what-
soever lying & being within the Space of three English Miles to
" the Southernmost Part of the said Bay called Massachusets Bay, &
"all those Lands & Hereditamts 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 & Hereditamts whatsoever lying
"within ye 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 40 Car. imi is invalid.
1 Because there was a precedent Grant 180 Jacobi of the same
thing then in being which Patent was surrendered Afterwards before
the Date of the other. 150 Car. imi
2 The Grant of the Governm1 can Extend no further than the
ownership of the Soil, the Boundaries of wch 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 40 Car. imo is good notwithstanding
the Grant made in the 180 Jac. for it appeared to us by the Recital
306 PROVINCE OF NEW HAMPSHIRE.
in the Patent 40 Car. imi That the Council of Plymouth had granted
away all their Interest in the Lands the Year before, And it must be
Presumed they then deserted the Governm* wereupon it was Lawful
& Necessary for the King to establish a suitable Frame of Governm1
according to his Royal Wisdom, Which was done by that Patent 40
Car. imi Making the Adventurers a Corporation upon the Place.
As to the Second Matter, It seems to us to be very clear, That the
Grant of the Governm1 40 Car. imi extends no further then the Boun-
daries Expressed in the Patent, and those Boundaries cannot be con-
strued to extend further Northward, A/o/ig the River Merimack than
three English Miles.
For the North and South Bounds of the Lands granted so far as
the River extend are to folloiv the Course of the Rivers, Which make
the Breadth of the Grant, the Words describing the Length to com-
prehend all the Lands from the Atlantick Ocean to the South Sea of
& in all the Breadth aforesaid do not Warrant the Over reaching of
those Lines by imaginary Lines or Bounds ; other Exposition would
in our Humble Opinion be unreasonable & against the Intent of the
Grant. The Words (of & in all Breadth aforesaid) Shew that the
Breadth was not intended an imaginary Line of Breadth laid upon
the Broadest part but the Breadth respecting the continuance of the
Boundaries by the Rivers as far as the Rivers go but when the known
Boundary of Breadth determines it must be Carryed on by Imaginary
Lines to the South Sea.
And if the Province of Mayn lies more Notherly than three Eng-
lish Miles from the River Merrimack the Patent of 40 Car. imi gives
no Right to Govern there & thereupon the Patent of the same 150
Car. imi to the Petitioner Gorges will be Valid.
So that upon the whole Matter we are humbly of Opinion as to the
Power of Governm1 that the Respondents the Massachusets and their
Successors by their Patent 4t0 Martii 40 Car. imo have such Right of
Governm1 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 Ferdinando Gorges his Heirs & Assigns By the Patent 30 April
15° Car. imo have Such Right of Governm1 as is Granted them by the
said Patent within the Lands called the Province of Main according
to the Boundaries 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 Majesty.
BOUNDARY LINE PAPERS. 307
Anglesey Bath H. London J Williamson
Ormond Craven G. Carteret Tho. Chickley
Edwd Seymour
Which having been Read at the Board the 18th Instant, It was
then Ordered That the said Mr Mason & Mr 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 as there shall be Occasion John Nicholas
Copy Examined ^ J Willard Sec'ry
bv 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 extend 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
sd 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 ffixed 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 18th clay of September in the 31st 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 Plantors and Inhabitants thereof
in the Preamble of said Commission are these words, "viz1 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-
4 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 Viz1 And Whereas the Gov-
ernment of the said Province of New Hampshire so limitted and
'bounded as aforesd 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 viz4 And Whereas the Inhabitants of
'the Province of New Hampshire have many of them been long in
' Possession of several Quantitys of Lands and are said to have made
' considerable Improvements thereon having no other Title for the
'same, than what hath 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 Esqr 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. 309
three Miles North from the Middle of the Channell of Merrimack
River, where it runs into the Ocean & from thence should run on a
strait line West up 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 wch 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 Wittnesses 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
310 PROVINCE 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 Newichwan-
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 3d of April in the 15th 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
11 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 Esqr the Assignee of the Said Sr Ferdinando's Heirs Vizt Fer-
dinando Gorges Esq1' Son and heir of John Gorges Esqr and Grandson
of the said Sir Ferdinando the same Tract of Land in the Grant of the
15th 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. 311
Angles to be Governed or 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
sd 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 Explicitly 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, Which 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./
Edmd Quincy
Wm Dudley
Samuel Welles
Bena Lynde Junr
Elisha Cooke
Job Almy
Thomas Cushing Jun
Henry Rolfe
Nathaniel Peaslee
> a
O c«
S-H Cfl
o
+J 09
O <u
s o 2
C/2
312 PROVINCE OF NEW HAMPSHIRE.
After the 2 Ansre 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 Aug1 for the return thereof
The Mass : Com'ee then produced a Vote of the Gen11 Court of
their Province passed by the Assembly 10. Aug1 & in Council n
Aug1 1737. Whereby the sd Com'ee were ordd to assure the Comm^
that they shod 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 10th, 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 Honble 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 Honble 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.
1 Ith Consented to, J. Belcher
Copy Examd ^ Simon Frost Depc Secry
67. The Mass : Com'ee then Moved to have Mr Auchmuty al-
lowed as Council for the sd Province Upon which the Court was of
opi'on Mr Auchmuty shod 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 shod 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 Aug1 1737 — 68. — The Mass : Com'ee Presented a Mem11 to the
Commrs 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 j 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 Equal in a case of this Importance there was another Joynecl 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 Esqr 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 Esqr a Gentleman regularly
called to the Barr practiced as a CounchT 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./
Edmd Quincy —
70. The Cons : of which Memoriall was continued to the next Ad-
journm1 — 2 of the Commrs being absent
Ordered that each Com'ee have lib'ty to take Copys of the Ansr
of each other, & on the Motion of New Hampshire Com'ee It was
Ordd that they shod have leave to put in any Ansr to the sd 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 1 Hampton Aug1 12th 1737 At a Court of Commis-
N. Hampr 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 Massa
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 Gen1
Courts of the Said Provinces Now Sitting, to Agree on Some Plan
which they Shall think proper to be laid before ye 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 22d Inst1 to wch time the sd Court is adjourn'd. —
And the Clerks are Directed forthwith to Send Copies hereof to
the Respective Gen1 Courts Aforesd
[N. H. Vote about Plans, 1737.]
[Mss. Prov. Boundaries, p. 122.]
Province of ^|
New Hampsr >In the House of Representatives
Aug1 13th 1737 j Upon the Recommendation of the Honble his
Majties Commissi for Settling the Boundary Lines of this his Majries
BOUNDARY LINE PAPERS. 3 I 5
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 Merrymack & Newitchwannock to
be laid before the Said Commissrs being of Great use to give them a
Right understanding of the Controversie between the two Provinces,
to be presented on Munday the 22d Curr* Therefore that the Same
be not delay'd
Voted/ That the Committee already appointed to lay all papers
& Evidences &ca on the Part of Newhampshire before Said Com-
missrs be hereby fully Impowred to agree with Such Committee or
Agents, as the Great & Gen11 Court of the Province of the Massa
Shall appoint, upon any Draught or Draughts of the Rivers Merry-
mack & Newitchwonnock to be laid before the Said Commissrs on the
22d Curr* And our Committee is hereby directed that they meet at
the House of John Brown, Inholder at Hampton Falls this 13th Ins£
at three of the Clock in the afternoone, and that a Coppy of this
vote be Sent to the Gen11 Assembly of the Massa to Inform them
that our Sd Committee will attend at the time and place affore Said,
or any other time and times, that our Said Committee & that of the
Massa Shall Agree upon, & y1 if the Said Committees do not agree
that our Sd Committee are hereby Impowered to put in before the
Comissrs any Draught or Draughts they Shall think Propper —
James Jeffry Cler assm
In Coun1 Augst 13 1737
Read and Concurred Richd Waldron Secry
Same day Assented to J Belcher
\_Meeting of Committees on Plan, 1737.]
[Mss. Prov. Boundaries, p. 121.]
Honble Sr
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 Sr your
Most Obedient Ser*
Salisbury 13th August 1737. Wm Dudley
Shadrach Walton Esqr
3 16 PROVINCE OF NEW HAMPSHIRE.
[Report of N. H. Committee on Plans, 1737.]
[Mss. Prov. Boundaries, p. 233, and Masonian Papers, Vol. 4, p. 132.]
-n • r AT , , _ ) Whereas the Vote of the Gen11 Court
Province of New hampshr f r ,, th T t T . ., ~,
Hampton An-1 17-17*7 ( of the I3 Ins ImPOwermg the Commit-
i 5 / /o/ j tee appointed for Laying all Pappers &ca
before the Honble the Commissrs for Settling the Boundary lines, To
agree with Such Committee or Agents as Should be Appointed by
the Gen11 Court of the Massa 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 Massa Committee untill the day following at
Portsmouth by a letter which is herewith offered, Proposing a Meeting
at Salsbury on Tuesday the 16th 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 Honble 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 Honble 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 viz1 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, viz1 the Great Pond Winnipisoky to-
geather with the Scverall 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 Mr Cyrprian Jeffry, all which is numbly
offered & Submitted to the Consideration of this Honble Court By
Shad Walton ]
Aug1 20th 1737 In the House^ Theodore Atkinson |
of Representatives The above I Andr Wiggin > Committee
Return was Read and Voted ( Thos Packer
that it be accepted & approved J James Jeffry
James Jeffry Cler Assm
BOUNDARY LINE PAPERS. 3l6A
[Vote of Mass. about Plans, 1737.]
[Mss. Prov. Boundaries, p. 126.]
Prove of the Massa Bay In Councill Aug* 18th 1737
This Court having upon the Recomendation of the Court of Com-
missrs 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 Gen11
Court of the Provin5 of Newhampshire in orde to their Agreeing
with this Court in presenting the Said Plan, to the Commissrs afforesd
Sent down for Concurrence Simon Frost Dep* Secr :
In the House of Repr August 18th 1737 Read & Concur'd
J Quinsy Spek 19 Consented J Belcher
Copy Examd fJ Symon Frost Dep1 Secretary
Copy Examd J. Jeffry Cler Assm
Province of the Massa Bay, The Committee appointed to Confer
with the Committee of N. H : in ordr for the Respective Gen11
Courts agreeing on and presenting to the Court of Comissrs a Plan or
Draught of Merrymack and Newitchwa Rivers, Do Report that they
have attended yl 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 Gen11 Courts, The Sd
Committee of N H : offered to us a Plan of Part of Newk 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 Merryk 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 ye same may be Approved of By both Courts, & presented to the
Honble Commissrs for Marking out & Setling the Boundarys between
the two Provinces according to their Recomendation
By order of the Committee Wm Dudley
Salsbury 18 Aug* 1737
In Councill August 18th 1737 Read and Ordered that this Report
be accepted & yt the Plan hereunto Annexed be accordingly pre-
sented to the Honble Comissrs as a true Draught of the River Merry-
mack agreeable to their Recomenda
Sent down for Concurrence Simon Frost Dep* Secrey
In the House of Representatives Aug1 18th 1737 — Read & Con-
cur'd J Quinsy Speak 19 Consented to J Belcher
Coppy Examd ^ Simon Frost D Secr
316B province of new Hampshire.
[N. H. Vote about Plans, 1737.]
[Mss. Prov. Boundaries, p. 124.]
Province of New \
Hampshire Augst 20th 1737 j In the House of Representatives,
Pursuant to the recomendation of the Honble 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 Honble
Court of Commissioners And upon Examination of the affore said
Draught we find 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 Majties Commiss1'5 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 Honble Commissrs 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 Viz1 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 Newichawonock River taken by Mr Cyprian JefTry 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 Honble Court of
Commissrs for the Ends above said —
Voted it be sent up for Concurrence —
James Jeffry Clerk Ass111
22 Aug1 1737 — The Court Directed the Evidence of each ^ty
shod be taken in open Court by way of question & Answer & that
each 1*ty shod be ready with their Witnesses the next morning till
which time, they Adjourned
23 Aug1 1737 — The Commrs met according to Adjournm* & the
Com'ees of both Provinces appeared & the Massachusets produced
6 sev11 Witnesses who were Sworn & Exaied — & their Dep'cons are to
the ffoll effect
Witnesses Examined before the Commrs on behalf of the Massa
CHUSETTS Bay
BOUNDARY LINE PAPERS. 317
[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 ye 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 Penny cook
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
Aug1 23d 1737. The Depon1 being asked whether he did not know
a Tribe of Indians called by ye name of ye 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 Mr 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 Depon1 being ask'd whether he did know a tribe of Indians
Called by ye 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
3 18 PROVINCE OF NEW HAMPSHIRE.
Indians Answd he never knew any other — whether he knew what
Tribe those Pemicoke Indians belong'd to Answd he did not — And
who wrote his Evidence Answer'd he did not know ye Man And
whether he ever knew the great River above Said called by the Name
of Pennicoke Answd he never heard it called by any other name than
Merrimack. —
August 23d 1737. John Comings
[Masonian Papers, Vol. 4, p. 136.]
Benjamin Parker of Chelmsford in the County of Middlesex &
Province of ye Massa.Bay being more Than Seventy Three Years of
Age, Testify eth 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 Mr 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 sd falls
up the River to Penicook And Above and ye Depon* was well ac-
quainted with many of these Indians perticulerly with George Te-
hant° and One Alancet Indian Sachems and Chief of ye 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
viz1) in or about the Year of Our Lord 1673. with, and to wait on
Said Mr Henchman up the Said River to ye place Called Penicook
(now Rumford) where many Indians then Inhabited, (As well as in
many other places on sd River) And All That Space viz1 from Pau-
tucket falls to penicook and Above as far as ye River Coming out of
Winepisseokie at ye place Called ye Crotch the Said Indian Sachems
& all others this Depon1 was acquainted with Called the Same Meri-
mack River being the Same which Runs between Nubury & Sals-
bury into ye Sea and This Deponant further Saith That he never
heard or knew the Said River from the Mouth thereof to ye Croch or
meeting of Winnepisseokie River with ye 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 Answd Col° Prescot of Grotton in ye Said County of Mid-
dlesex— and whether there was not other Indians lived on Merri-
mack River besides ye Pennicoke Indians Answd they were all calld
Pennicoke Indians. —
August 23d 1737 Benjamin parker
BOUNDARY LINE PAPERS. 319
[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 aforesd, and was carried by them
thro the Woods till they came to a small river called Blackbrook
above Ameskeeg flails 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 Cap1 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 aforesd 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
Answd he did not know ye mans Name. —
Aug* 23d 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 ye Prov. of ye Massa 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 callcl by
any other Name than Merrimack River by Indians or English
Aug1 23d 1737. Henry Farwell
[Masonian Papers, Vol. 4, p. 138.]
Isaac Bradly of Haverhill in the County of Essex in the Prov. of
ye Massa 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 belonged
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 ye Year 1 702 and for Many Years after I was
Improved as a pilot to parties of men Imployed in ye 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 ye Penicook Indians and they Called the Same River Merimack
from the Mouth thereof to ye Crock or meeting of ye Rivers ye east-
ern Branch Called Winnepisseokie & the other Pemichewasset fur-
ther the Deponant Deposeth That he was well Acquainted with
Waternuman an Indian Sachem & Cap1 of ye Merimack Indians And
with Many other Indians All of whome Called the Said River as far
up as to ye Crock or meeting of ye Two Branches forementioned
Marimack and I never knew ye 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
Merrimack Indians went by the Name of ye 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 23d 1737. — Isaac brady
Note — The Ansrs given by the above 5 Witnesses to the gen11 In-
ter'ry was delivered in by them in writing & not Declared viva voce
80. eodem die — The Commrs met again according to Adjournm1,
& 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 Hampshr ) To the Honble the Commissioners Ap-
Hampton Augst 23d 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
Sheweth
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 Honble 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 — vizt —
i 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 —
3d Weither they have Lately seen & taken Notice of the said
rivers mouth —
4ly Weither they Know the black rocks & what Distance they are
within the Chops of the said river
5ly Weither they have observed any Difference or alteration in the
Channell Neare the said rocks or the shores thereabouts & what ye
Alteration is —
6 Weither the Channell Ever run out of sd river to the Northward
of said Rocks that they know of
Cap1 Paul Wentworth Esq Jacob Brown
Ephraham Maston Jonathan Philbrick
Joseph Philbrick
Shad Walton
Geo. Jaffrey
Jotham Odiorne
Theodore Atkinson }■ Com1
Andr Wiggin
J Rindge
Thos Packer
Witnesses Desierd by the Com — of N H
Jacob Brown ")
Morris Hobbs Vail of Hampton yeomen
Ephra Marston J
j j
[Masonian Papers, Vol. 4, p. 131.]
1 : I have known ye Same 60 Year
2 Quest Answr that he knows of none
322 PROVINCE OF NEW HAMPSHIRE.
3 yl 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 ye addition in the rough Sheet. —
Ephra X Maston
[Masonian Papers, Vol. 4. p. 140.]
Paul Wentworth of Dover in ye Pro : of N. Hampshire Esqr Aged
ab1 59 yrs being Interrogated upon Oath Says.
To ye first Interr. Says he has been acqd with ye River ab1 40 yr
past ; havs gone in & out of ye Same a great many times. —
To ye 2d he Says, that he havs veiwd ye River ye last Saturday could
not perceive any material Alteration the Dep* not having Seen ye
Rivers mouth before Since ye y1' 1703. —
To the 4th That it is half a mile if not more.
To the 5th That he could not perceive any material alteration ; —
To the 6th That he never knew that it did ; —
The Dep* being asked whether there was not a Channl or water to
the Northwd of ye Black Rocks where they used to pass thro' with
Canoe's, Answered, No. —
Aug1 23d 1737. Paul Wentworth
Jacob Browne of Hampton in N. Hampshire Yeom. agd ab1 85
years. Sworne.
To ye Ist Interr. Sayd he had been acqd with the River ab1 Sixty
years. —
To the 2d Says there is none or very little.
To the 3d That he Saw it the last week
To the 4th That the Black Rocks are a mile or near within the Chops
of ye River. —
To the 5th That he could not perceive any difference or alteration.
To the 6th That he never knew that it did
Signum
Jacob X Browne
Jona Philbrick of Hampton in ye Pro : of N. Hamp : aged 81 years.
Sworne.
To the first Int. Says, that he has been acquainted with the Same
ab1 forty years.
To the 2nd That ye Dep1 cannot perceive any Alt'1
To the 3d That he Saw ye Same ye last week
BOUNDARY LINE PAPERS. 323
To the 4th That the Black Rocks he knows & ye Same are better
than half a mile from or within ye Chops of the Rivr accords to his
best Judgm1
To the 5th That he could perceive no alteration
To the 6th 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-watr or low
water, Answered he was there at both.
Sign.
Jona X Philbrick
Joseph Philbrick of Rye in N. Hampshire Marrr agd ab1 74 yrs
Sworne Says. —
To ye 1 Int. That he has been acquaintd with the. Same near ab* 50
years.
To the 2d & 3d That he cannot perceive any alteration, havg viewed
ye Same last Saturday, & that he has been often in & out of ye
sd River. —
To the 4. That he knows ye 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 ye part of ye Massa
St Greenleafe of Newb. in ye C° of Essex in the Pro. of ye Massa
Bay Gent. Aged 85 yrs Sworne & Examd upon ye N. H. Interr5 An-
swered & Said
To ye 1. Int. That he has known ye Same ab1 fourscore year even
from a Child & has gone in & out of ye Same as Mr of a Vessell
from ab1 60 years ago till within 12 or 14 years Since or thereab* —
To the 2d That within or at the Rivers mouth he knows of no alter-
ation, but the alteration he knows of is at the Barr ab1 a mile with*
ye Rivrs mouth.
To the 3d That he has Seen ye Same twice within ys m°
To the 4th That he knows ye Black Rocks, & that they make one
Side of ye Chops of ye River as they counted formerly, and that
there are now Sands which lay near South East from ye sd Rocks
324 PROVINCE OF NEW HAMPSHIRE.
To the 5th That he could perceive no alteration near the sd Rocks,
but that ye Sand is hove up with1 ym
To the 6th That he never knew that it did. —
The Dep* being asked whethr he knew any thing of a Ships being
cast away near ye sd Rocks and how long it was Since Answered,
that he knew there was a Ship cast away there or Sunk by design as
'twas reportd She being going out & y* ye Same was upwards of Sixty
years, ago, and that he was one of ye Number that tryed to weigh
her, and that the reason why they could not weigh the Ship was be-
cause ye Sea came in upon them at every flood there being no Beach
without ye place where ye Ship, lay, as now there is. — the Dep* Says
the Ship was Sunk on the Edge of ye Channel, her Stern coming
near the side thereof, and he do's not know but that it may be ab1
a Ships length from where the deep water was. —
Stephen Greenlef
William Titcomb of Newb. in ye County of Essex in the pro : of
ye ]y[a Bay Blacksmith. (Sworne), agd yS years Examd upon ye N. H.
Interr5
To ye i Int. That he has known ye Same ab* 6o year.
2 That there is an alt. at ye mouth of ye River but up at ye
Black Rocks he knows of no altn
3 That he has Seen ye Same within this m°
4 That he knows ye Black Rocks & believes ye Same to be
better than half a mile within the mouth of ye River and
that the sd Black Rocks were accountd to be on ye Nly Side
of Merrimack River.
5. That he knows of no altn by the Black Rocks, but down below
ye Rocks there is an altn the Bank of Sand being gathered
from ye Northwrd or Increased so as to make ye Chann1
run more over to the Southward towards Plumb Island
6. That he never knew that it did. —
O. wr the Black Rocks were not the North Side of ye mouth of ye
River. —
A. That they were.
0. wr the Chann1 below ye Sd Rocks at ye mouth of ye River is
not altered considerably to the Southwd to what it was when he first
remembd it. —
A. That it was altd considy with1 ye Rivers mouth near half a mile
to the Southward.
O. wr there was any Beach or Sand without the lowermost Black
Rocks or Badgers Rocks.
BOUNDARY LINE PAPERS. 325
A. That there was none, but only Shole water & y* ye same was
Easterly therefrom.
Q. Wr he ever knew a Chann11 run out where ye point called Salis-
bury point or Beach now is where they mow.
A. No. —
William Titcom
Joseph Eaton of Salisbury in ye Massa Gent Aged ab* yj yrs Sworne
& examd upon ye N. H. Ints
To ye 1. Int. That he has known ye Same ab* 50 year.
To the 2d That there is a great altn by a Beach's being raised up
about a mile, which turns ye Chann1 to ye Southwd
To the 3d That it is Some years (ab* 3 or 4) Since he Saw ye Same
as to ye other Ints the Massa waved ye Same. —
Q. What was there formerly without the lowermost Black Rocks ? —
A. Nothing but Sands, Seen about an hour before low water. —
Q. 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 ye grass grows. —
Q. Wr 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 Chann1 & by Some reckoned
the best Channel, but that he do's not know of his own knowlege
which was the best Chann1
Joseph Eaton
24 Aug* 1737 — ffo : 91. — The Com'ee of the Massachusetts
Moved the Commrs to take into their cons : their Memoriall of the
12th Instant & at the same time produced a Vote of the Gen11 Court
of the Mass : appointing 2 other Gent. Viz* Mr Auchmuty & Mr
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 io*h 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 Esqrs be and are
hereby Authorized and impowered Agents, And are accordingly
joined with the other Agents to appear before the Said Honble 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 Examd *$ Simon Frost Dept Sec1"*'
Then the Commrs taking notice of their Resolution or Recommen-
dation of the 12th Instant to the Gen11 Courts of the 2 Provinces for
Agreeing upon a proper Plan to lay before 'em of the Rivers Merri-
mack & Newichwannock & that the Gen11 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 upon by one branch
of the Legislature only.
The Court therefore renewed their recommendation of this affair
to the Gen11 Court of New Hampshire to agree upon some Plan in
conjunction with the Gen11 Court of the Mass : & to report their
Concurrence or non-conurrence with what had been do?ie by the
Gen11 Court of the Mass : touching the prem'es in writing that so the
Commrs 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 sev11 of their Witnesses sworn the
day before were drawn up by ^sons out of Court & had not been
drawn up by the Commrs 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 honb,° his Maj**8 Commissioners for settling the boundary
lines between the Provinces of New Hampshire & the Massachu-
setts Bay
BOUNDARY LINE PAPERS. 327
' The Agents for ye 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 ye
Clerk of this honble Court in presence of ye 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
sd Witnesses here produced may be Examined in open Court upon
ye interrogatorys herewith presented, their answers upon oath taken
down by the Clerks of this Court & ye same signed by ye witnesses
in open Court accordingly. —
E Quincy
In the Name of the Agents
\Vote of Mass. Council, 1737.]
[Mss. Prov. Boundaries, p. 128.]
In Council August 24, 1737.
Ordered That the Agents appointed in behalf of this province
to appear before the Honble 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 Dept Sec17
In the House of Represves Aug: 24, 1737
Read and Concur'd. J Quincy Spkr
Consented to, J Belcher
Copy Examd f? Simon Frost Dep* Secry
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 agl Mr Read & Mr 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 Hampr Protest Vs 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 HonbIe Court
328 PROVINCE OF NEW HAMPSHIRE.
on the IIth Ins1 Decreed that no Oral Pleading Should be Admitted
which order we Esteemd as Conclusive & therefore came unprepared
with Such Council & the Court now admitting Mr Read & Auchmuty
Two of the greatest Lawyers in America on the parte of the Massa-
chusetts because yl Governm* Added them to yr Comittee when it Is
not in the power of New Hampr 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
aforesd An Injury to his Majty Province of New Hampr & do there-
fore Protest Agst their being orally heard & pray the Same may be
Entred in the minits of this Honble Court & made Parte of the Case —
behalf
ye Comittee
Theod1" Atkinson ] f
Against the Massa : Evidences
His Majty Province of New Hampr 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 Majty Comission Constituting this Honble 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 Thos Parker Per-
ticularly in Relation to his Age —
Theod1' Atkinson \ c _ ~ t„
j of ye Comtee
The Massachusetts then Produced & Exa'ied the same 5 Wit-
nesses upon the ffoll Internes Viz1
[Masonian Papers, Vol. 4, p. 143.]
Province of the j Interrogatories Exhibited to His Majes-
Massachusetts Bay ( ties Commissioners for marking out and Set-
ling the Boundaries between the Provinces of the Massachusetts Bay
BOUNDARY LINE PAPERS. 329
& New Hampshire, as well on the Southern as on the Northern
part of New Hampshire, by the Province aforesaid, for Sundry Wit-
nesses, On the part of the Province, to make Answer unto.
Ist 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 flails./
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 calld 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 known & called by the name of
Merrimack./
1 1 Wr that Great River which runneth from ye union of Pemegi-
wasset & Wennepesiokee Rivers over Pautucket Falls & Emp-
ties it self into ye 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 yrs
To ye Ist Interr. A. that it is called Merrimack.
2. A. that it is called Merrimack.
3 A. That it is calld Merrimack
4 A That he do's not know.
5 A That it is called Merrimack.
6 A. That it is called Merrimack.
7 A. That it is called Merrimack.
8 A. That it is called Merrimack
22
330 PROVINCE OF NEW 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 abl it be-
ing So called by the Inds y* used there, & he
havg known ye Same ah* 40 yrs
1 1. A. That he never heard it called by any other Name
than Merrimack, being what ye Dep1 called it
and others told him it was called by that Name.
O. Wr he ever heard that part of the River between Haverhill &
Bradford called Haverhill River. A. Yes.
Augt 26th 1737. Isaac brady
Joseph Butterfield, Sworne.
To the 1. 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
Q
A
10
A
11
A
to ye 7. A Merrimack.
Merrimack.
■ — Merrimack.
Yes.
Yes.
O. Wr he ever heard that part of the River between Haverhill &
Pennicook now Rumford called Pennicook River
A. No.
Signum
Aug1 26th 1737. — Joseph X Butterfield.
John Commings. aged 56 yrs Sworne.
To the 1 Int. A y1 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 > he never knew it called by any other Name.
BOUNDARY LINE PAPERS. 33 1
Q. The Dep* being asked how he knows it is Merrimack.
A. That he has always heard it called So as well by English as Inds
for these thirty four years last past. —
Aug1 26th 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 Ist 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 ye 10th A. That he has known it to be called So ever
since he was Eight years old.
11 — A. Yes, by Indians & English.
Q. Whence do you take the beginning of the Eight years of age you
g speak of, from your age as given in your Evidence the 23d 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.
Q. Did you ever See the Crotch of the Great River you Speak of.
A. No. —
Aug1 26. 1737. Benjamin parker
John Longley of Groton in the County of Middx in ye Province of
the Massa Bay Yeoman aged ab* 55 years. Sworne. —
To ye 1. Int. A. Merrimack.
2 A. Merrimack
3 A. That he do's not know, not hav§ obsd Souhn
Rivr
4 A. That he do's not know, not havg obsd Piscaty
Rivr
5 A. Merrimack.
6 A Merrimack.
7 A. Merrimack.
332 PROVINCE OF NEW HAMPSHIRE.
8 A. Merrimack.
9 A. Merrimack.
10 A. Yes.
1 1 A. That he never was acquainted with the River
below Pantucket Falls, but always heard it
was called Merrimack. —
Aug1 26th 1737. — John Longley
103 — The Viva Voce Evidence being thus closed The Com'ees of
both Provinces were ordd to lay before the Commrs All their Papers
Evidences Deeds Ch'ers & Proofs relating to this Controversy that
afternoon & the next morning
And the Commrs then Adjourned to the afternoon
When they again met & the New Hampshire Com'ee Presented a
Copy of a Report from the Gen11 Court of that Province touching a
Plan of Merrimack River ^suant to what was recommended by the
Commrs the clay 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 Augst 25, 1737 —
Pursuant to the Recommendation of the Honble Court of Com-
missi 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 Hampr 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 Riming from Winnipishoky pond aforesaid
to the Atlantick Ocean before mentioned.
Ordered To be sent down — for Concurrence
Richd Waldron Sec1*
Eodm 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 20th Curr1 — Relating to the
Plans — James Jeffry Cler Assm
BOUNDARY LINE PAPERS.
333
\N. 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 Honble Court of Com-
missrs to agree upon a Plan with the Massa
Voted/ That the Annexed Plan, be presented to the Sd Honble
Court of Commissrs 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 26th 1737 James Jeffry Cler Assm
Sent up for Concurrence
In Council Eodm die
Read and Concurred Richd Waldron Secry
Same day Consented to J Belcher
[Masonian Papers, Vol. 4, p. 144.]
Prove of "I Hampton august 26th 1737
N Hampsr 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 Massa and the
vote of the Gen11 Court thereon Dated the 18th Curr1
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
Andr Wiggin
J Rindge
Thos Packer
James Jeffry
)- Comittee
334 PROVIN'CE OF NEW HAMPSHIRE.
The Massachusetts written Evidence
7 Octr 1 69 1 30 Wm & Ma 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 Commrs ffo : 104 to 145.
[In place of the abstract here entered, this document is given in full
from Masonian Papers, Vol. 4, p. 145.]
The Charter Granted by Their Majesties King William and
Queen Mary, &c.
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 New-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 King James 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, 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 King James the first, his Heirs 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 Plymouth in the
County of Devon, for the Planting, Ruling, Ordering, and Governing
of New 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 Oar Royal Grand-father King Charles
the First, of ever Blessed Memory, Give, Grant, Bargain, Sell, Infeoff,
Alien and Confirm to Sir Henry Roswell, Sir John Voting, Knights,
Thomas Southcott, John Humphreys, John Endicott, and Simon
Whetcombe, 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 Rivery
being in a bottom of a certain Bay there commonly called Massachu-
setts'3 alias Mattachnsetts, alias Massatusetts-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 Sothwarcl of the
southermost part of the said Bay called the Massachusetts, alias.
Mattachnsetts, 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-
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 in Breadth,,
and in Length, and Longitude, of and within all the breadth afore-
336 PROVINXE 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 Silver 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 PlymoutJi 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 Nczv-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 Roszvcll, Sir
JoJin Young, TJiomas Southcott, John HumpJireys, JoJin Endicott,?a\<\
Simond Whetcomb, their Heirs and Assigns, and their Associates for
ever, to the only proper and absolute use and behoof of the said Sir
Henry Roszvell, Sir Young, Thomas SoutJicott, John HiimpJircys,
JoJin Endicott, and Simon WJictcombc, 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 Mann or 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. 337
And Whereas 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 Roswell Sir John Young Thomas Sonthcott, John
Humphreys, John Endicott and Symond Whetcombe, and to their As-
sociates after named, viz. Sir Ralph Saltonstall Knight, Isaac Johnson,
Samuel Aldersey, John Veil, Matthew Craddock, George Hanvood,
Increase Nowell, Richard Perry, Richard Bellingham, Nathanael
Wright, Samuel Vassall, Theophilus Eaton, Thomas Gojfe, Thomas
Adams, John Brown, Samuel Brown, Thomas Hutchins, William
Vassall, William Pincheon and George Foxcroft, their Heirs and
Assigns, all the said part of New- 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 Wood 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 Roswell, Sir John Young,
Thomas Southcott, John Humphreys, John Endicott and Symond
Whetcombe, their Heirs and Assigns, and to their Associates for
ever, by the said recited Indenture : To have and to hold the
said part of New 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, TJwmas
Southcott, John Humphreys, John Endicott, Symond Whetcombe,
Isaac JoJinson, Samuel Aldcrsey, John Ven, Matthezv Craddock,
George Harwood, Increase Nowell, Richard Perry, Richard Bel-
HngJiam, Nathanael Wright, Samuel Vassal, Theophilus Eaton,
Thomas Gojfe, Thomas Adams, John Brozvn, Samuel Brown, Tlwmas
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-
wich aforesaid, in free and common Sockage, and not m 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-
33^ 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 Roswell, Sir Jo Iin Young, Sir RicJiard
Saltoustall, Thomas Southcott, John Humphreys, JoJin Endicot, Sy-
mond WJietcomb, Isaac JoJinson, Samuel Aldersey, John Ven, Mat-
thew Craddock, George Harwood, Increase Now ell, RicJiard Perry,
Richar BcllingJiam, NatJianael Wright, Samuel Vassall, Theophilus
Eaton, Thomas Goffe, Thomas Adams, John Brown, Saml[ Brown,
TJiomas HutcJiins, Wm Vassall, William PincJieon and George Fox-
croft, their Heirs and Assigns, all that said part of New 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 Mattachusetts, alias Massatusetts-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 whatsoever,
lying and being within the space of three EnglisJi Miles to the South-
ward of the southernmost part of the said Bay called MassacJiusetts,
alias Mattachusetts, alias Massatusetts-Bay ; and also all those Lands
and Hereditaments whatsoever which lye and be within the space of
three EnglisJi 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 Hen-
BOUNDARY LINE PAPERS. 339
ry Roswell, Sir John Young, Sir Richard Saltonstall, Thomas South-
cott,John Humphreys ', John Endicott, Simond Whet come, Isaac John-
son, Samuel Aldersey, Joint Ven, Matthew Craddock, George Harwood,
Increase Now ell, Richard Perry, Richard Bellingham, Nathaniel
Wright, Samuel Vassall, Theophilus Eaton, Thomas Goffe, Thomas
Adams, John Brown, Samuel Brown, 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 'in 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
Roszvell, Sir John Young, Sir Richard Saltonstall, Thomas Southcott,
John Humphreys, John Eudfcott, Symond Whetcombe, Isaac Johnson,
Samuel Aldersey,John Ven, Matthew Craddock, George Harwood, In-
crease Nowell, Richard P erry , Richard BellingJiam, Nathanael Wright,
Samuel Vassall, TJieopJiilus Eaton, Thomas Goffe, Thomas Adams,
John Brown, Samuel Brown, Thomas Hutchins, William Vassall, Wil-
liam PincJieon and George Foxcroft, their Heirs and Assigns, for ever :
To the only proper and absolute use and behoof of the said Sir Henry
Roszvell, Sir John Young, Sir Richard Saltonstall, Thomas South-
cott, John Humphreys, Joint Endicott, Symond Whetcombe, Isaac John-
son, Samuel Aldersey, John Ven, Matthew Craddock, George Harwood,
Increase Nozvell, Richard Perry, Richard BellingJiam, Nathanael
Wright, Samuel Vassall, Theophilus Eaton, Thomas Goffe, Thomas
Adams, John Brown, Samuel Brown, Thomas Hutchins, William
340 PROVINCE OF NEW HAMPSHIRE.
Vassal!, William Pencheon and George Foxcrojt, 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 Grceuzvich
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 time 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
Roswell, Sir Jo Jin Young, Sir RicJiard Saltonstall, Thomas SoutJicott,
John Humphreys, Joint Endicott, Symond Whetcombc, Isaac Johnson,
Samuel Aldersey JoJin Ven, Matthew Craddock, George Hanvood,
Increase Nowell, Richard Perry, Richard Bcllingham, NatJianacl
Wright, Samuel Vassall, and TheopJiilus Eaton Thomas Goffe, Thom-
as Adams, J0J111 Brown, Samuel Brozvn, Thomas Hutchins, William
Vassall, William PincJieou 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 Massachusetts-Bay in New-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 MassacJiusetts-
Bay in New-England, by Vertue of the said Letters Patents did set-
tle a Colony of the English 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, Erected, 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. 341
of the Holy Trinity, in the Thirty sixth Year of the Reign The first Char
of our Dearest Unkle King Charles the Second, a Judg- ter vacated by a
ment was given in Our Court of Chancery then sitting at ckaicTry? An-
Westminster, upon a Writ of Scire facias, brought and no l684
prosecuted in the said Court against the Governour and Company of
the Massachusetts-Bay in New-England, 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 New-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 Massachusetts-Bay in New- England, have made
their humble Application unto us, That We would be graciously
pleased by Our Royal Charter to Incorporate Our Sub- The A entg 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 forn:erlv-
Our Interest and Service, and to the Welfare and happy State of
Our Subjects in New-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 New-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 New-England^ 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 Massachtisetts-Bay, and Colony of New-Plymouth, the Province
of Main, the Territory called Accada, 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- The Massa_
porate the same into one Real Province by the Name of chusetu, piy-
Our Province of the Massachusetts-Bay 'in New-England ; See of Main, &
and of Our Especial Grace, certain Knowledge, and meer Sd &*£££
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 Massachusetts-Bay, and their Successors, all that part of New-
England in America, lying and extending from the great River com-
The Extent monbr ca^ec^ Moiiomack, alias Mcrimack, on the North
and Hounds of part, and 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 whatsoever 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 Atlantick or Western Sea, and Ocean
on the East part towards the South Sea, or Westward as far as our
Colonies of RJiode-Island, Connnecticut, 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 Newichwannock, and through the same into the furthest
head thereof, and from thence North-westward, till one hundred and
twenty miles be finished, and from Piscataway 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 Piscataway Harbour through Newichwannock River, and
also the North half of the Isles & Shoals, together with the Isles of
Capawock, 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
within the said Bounds : And all Mines and Minerals,
All Mines &
Minerals
to the
ant
cessors
rais granted as well Royal Mines of Gold and Silver, as other Mines
& their Sue- and Minerals whatsoever in the said Lands and Prem-
ises, or 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
holden of Us, our Heirs and Successors, as of our Mannor of East-
Greenzvich, in the County of Kent, by Fealty only in free and com-
mon Sockage : Yielding and paying therefore yearly to Savin
Us, our Heirs and Successors, the Fifth part of all Gold fifth of Gold &
and Silver Oar, and Precious Stones which shall from lver ar' &'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, A11 T
1 ' All Lands,
which any Person or Persons, or Bodies Politick, or Cor- Hereditaments,
porate, Towns, Villages, Colleges or Schools, do hold and granted1" to^Ly
enjoy or ought to hold and enjoy, within the Bounds o?wns'chSilegoe£
aforesaid, by or under any Grant or Estate duely made or flre^ing' con_
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 c .
1 • 1 ■ -iin 1 t i i Saving for
nothing herein contained shall extend, or be understood Samuel Alien
or taken, to impeach or prejudice any Right Title, Inter-
est or Demand, which Samuel Allen of London, Merchant claiming
from and under John Mason, Esq ; deceased, or any other Person or
Persons, hath or have, or claimeth 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 Samitel 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 or Con
That no Grants or Conveyances of any Lands, Tene- veyances not
ments or Hereditaments to any Towns, Colleges, Schools wait of Form.0 r
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. And we do further, for Us, Our Heirs and
344 PROVINCE OF NEW HAMPSHIRE.
n Successors, Will, Establish and Ordain, That from hence-
Lieut. Govern- forth for ever there shall be One Governour ; One Lieu-
tenant, or Deputy-Governour ; 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
Light and , J 7 ' ©
Twenty Coun- assisting to the Governour 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-
The Names of s^ree^ J°'in RicJiards, NatJianael Saltonstall, Wait Win-
the First Coun- tJirop, JoJin Phillips ■, James Russel, Samuel Seivall, Sam-
ams.rs ' " uel Applcton, BartJwlomeiv Gedney, Jolin HatJiorn, ElisJia
Hutchinson, Robert Pike, Jonathan Corzvin,JoJin Jolliffey
Adam Winthrop, RicJiard Middlecot, Jo Jin Foster, Peter Serjeant,
Joseph Lynd, Samuel Hey man, Stephen Mason, Thomas H ink ley y
William Bradford, Jo Jin Walley, Barnabas LotJirop,Job A loot, Sam-
uel Daniel, and Sihanus Davis, Esqrs ; the first and present Councel-
^ f. lors or Assistants of Our said Province ; to continue in
lo cont inue t »
until May, 1693 their said respective Offices or Trusts of Councellors or
are chosen b" Assistants until the Last Wednesday in May, which shall
the Assembly. be in the Year 0f Qur Lord 1 693. 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
Secretar beloved Isaac Addiiigtoii 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
I lie Oovern-
our with seven or Seven of them at the least, shall and may from time
a Grand!. ° e to time hold and keep a Council for the ordering and
directing the Affairs of Our said Province. And further,
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 anc^ ^ePt by the Governour for the time being, upon
Court or Assem- every last Wednesday in the Month of May, every Year,
bly to be Held £ 7 J j. 11 i_ *i_ «.■ 4.1. /- C
the Last wednes- for ever, and at all such other times as the Governour or
offeVe'r ^r°y 0lir said Province shall think fit and appoint, a Great
Year: and General Court of Assembly; which said Great and
BOUNDARY LINE PAPERS. 345
General Court of Assembly shall consist of the Governour 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 TwoAseernb] .
and represent them respectively in the said Great and Men to be chos-
General Court or Assembly. To which Great and Gen- holders in eve?y
eral Court or Assembly to be held as aforesaid, We do Town'
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 always, 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 Value of
Forty Shillings, per Annum 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 Parlia-
ment made in the First Year of Our Reign, Entituled, An Act for
Abrogating of the Oaths 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, „,, n
• • -n Oovern-
aS he shall judge necessary, to Adjourn, Prorogue and our has Power to
Dissolve all Great and General Courts or Assemblies met rogue rnand d°s-
and conven'd as aforesaid. And Our Will and Pleasure j^theAssem-
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 Counci-
lors or Assistants shall be by the General Court or Assembly newly
Chosen ; That is to say, Eighteen at least of the Inhabitants of, or
Proprietors of Lands within the Territory formerly called the Colony
of the Massachusetts-Bay ; and Four at the least of the Inhabitants
of, or Proprietors of Lands within the Territory formerly called New-
23
346 PROVINCE OF NEW HAMPSHIRE.
Plymouth ; and Three at the least of the Inhabitants of, or Proprie-
The Govern tors °^ Land within the Territory formerly called the
ours Councilors Province of Maine ; and One at the least of the Inhabit-
0° bproprietorasnof ants of, or Proprietors of Land within the Territory lying
England. New~ between the River of Sadagahock and Nova Scotia. And
that the said Councellors or Assistants or any of them,
shall or may at any time hereafter be removed or displaced from their
respective Places or Trust of Councellors or Assistants by any Great
or General Court or Assembly ; and that if any of the said Councel-
lors 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 Councellors or Assist-
ants, in the room or place of such Councellors 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
c. of the Council or Assistants, from time to time, to nomi-
Judges, Sher- „7.. _ ~ ' , _
iffs. justices, <5^, nate and appoint Judges, Commissioners of Oyer and Ter-
withVeKsent miner, Sheriffs, Provosts, Marshals, Justices of the Peace,
ours^councT™' and other Officers, to Our Council and Courts of Justice
belonging. Provided always, 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 Councellors 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 Councellors 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
W hat Oaths . ' . r I J
are to be Taken Parliament made in the First Year or 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 Councellors 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 The KIn
and Successors, Nominated and Appointed to the respect- serves to Himself
ive Offices of Governour, or Lieutenant or Deputy Gov- theWeGovernour*
ernour, and Secretary of Our said Province or Territory ^wndGsecr£
(which said Governour, or Lieutenant, or Deputy Gov- tary-
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
Will and Pleasure is, and We do hereby for Us, Our
Heirs and Successors, Grant, Establish and Ordain, That
all and every of the Subjects of Us, Our Heirs and Suc-
cessors, which shall go to and inhabit within Our said
Province and Territory, and every of their Children which shall hap
Persons Born
\x\New-England
to have the Priv-
ileges of Natural
Subjects of Eng-
land.
34$ PROVIJCCE 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
Liberty of oi England. And for the greater Ease and Encourage-
consdence to be ment of Our Loving Subjects inhabiting Our Said Prov-
christians except ince or Territory of the MassacJiusetts-Bay, and of such
Papists. ag ghaij 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 ail 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,
The General snau for ever have full Power and Authority to Erect and
Court has Power Constitute Judicatories and Courts of Record, or other
toriesTt? HearC& Courts, to be held in the Name of Us, Our Heirs and Suc-
MrS^aU man- cessors ; for the Hearing, Trying and Determining of all
ner of Crimes, manner of Crimes, Offences, Pleas, Processes, Plaints, Ac-
Capital or not » '_,.'. ' . . '
Capital; and tions, Matters, Causes and Things whatsoever, arising or
r2 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 Probate of
any person or persons shall have within Our said Province wais, and grant-
or Territory : And whereas We judge it necessary, that Sons.
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 Presents 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 A eals to the
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-i r o a TT^-r-r- 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 The General
Reasonable Orders, Laws, Statutes and Ordinances, Di- court has Power
rections and Instructions, either with Penalties or without not ReaPugnan7to
(so as the same be not Repugnant or Contrary to the w.awsofi?^"
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 & Officers excepted, the Election and Constitution of whom
settle civil offi- We have by these Presents Reserved to Us, Our Heirs
and 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 lm- . ■ ' . I ' . »
pose Taxes on Imprisonments, and other Punishments ; and to impose
Lts, eto be'dis" and levy Proportionable and Reasonable Assessments,
rTntd fromWthe Rates and Taxes, upon the Estates and Persons of all
Governour and anQi every the Proprietors and Inhabitants of Our said
Council, accord- ■> _ . x . it
ing to such Acts Province or Territory, to be issued and disposed of by
?n Force. e e 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 Axts 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
Knowledge and Obedience of the only True God and Sa-
The Conver- . r ?*■ 1 • 1 -11 *~+i ■ • i-» • 1 1 • 1 tt«
sion of the indi- viour of Mankind, and the Christian faith, which His
a^tobeendeav- Rq^1 Majesty 0ur R0yal 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 always, And We do
^u „ by these Presents, for Us, Our Heirs and Successors,
The Govern- J ' ' '
our to have a Establish and Ordain, that in the Framing and Passing
AcTonheVen^ of all such Orders, Laws, Statutes and Ordinances, and
gai Assembly, jn ajj Elections and Acts of Government whatsoever, to
be Passed, Made or Done by the said General Court or
BOUNDARY LINE PAPERS. 35 1
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 Laws to be
Ordain, that the said Orders, Laws, Statutes and Ordi- sent to England
nances, be by the first opportunity after the making Approbation 7\i
thereof, sent or transmitted unto Us, Our Heirs and Sue- withinDlsTh7le
cessors, under the Publick Seal, to be appointed bv Us, ^ears» *° ..bVn
/~\ - i • t-\ • ii a Force until Re-
for Our or Their Approbation or Disallowance. And peaiedbytheAs-
that in case all or any of them shall at any time within sem y'
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 Massachusetts-Bay,
and New-Plymouth, and Province of Maine, in such man- The General
ner as heretofore they might have done by Virtue of any Court has Power
former Charter or Letters Patents ; which Grants of Grants**? Land
Lands within the Bounds aforesaid, We do hereby Will pj^Zttofthe
and Ordain to be and continue for ever of full Force and ^°ynce of
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 °f Sagadahock to the Gulph of St Laurence and Canada
between Saga- Rivers, and to the Main Sea Northward and Eastward,
LaiUence to to be made or past by the Governour and General As-
Apperobado!f°yal 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- and Ordain, that the Governour of Our said Province or
our to Command Territory, for the time being, shall have full Power by
himself, or by any Chief Commander, or other Officer 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-
XT D , lish and Ordain, That the said Governour shall not at any
Jno Persons to . ' J
be Transported time hereafter, by Virtue of any Power hereby granted,
?nce° without or hereafter to be granted to him, Transport any of the
sem. own Con" 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
In the absence
of the Govern -
our, the Deputy
Govern our to
have the same
Power.
habitants of Our said Province or Territory, without the Advice and
Consent of the Council or Assistants of the same. Pro- TheLawMar.
vided in like manner, and We do by these Presents, for tiai not to be ex-
Us, Our Heirs and Successors, Constitute and Ordain, inhabitant1 W?S
That when and as often as the Governour of Our said SaSccSSS"*
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-
tution of such other Governour as shall or may be ap-
pointed by Us, Our Heirs or Successors in his stead
And that when and as often as the Governour, and Lieu
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, Commission-
ated by Us, Our Heirs or Successors to be Governour within the
same ; then and in every of the said Cases, the Council
or Assistants of Our said Province shall have full Power
and Authority, and We do hereby give and grant unto
the said Council or Assistants of our said Province, for
the time being, or the major part of them, full Power and
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-
vided always^ 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 Admiralt Ju_
the same shall be, and is hereby reserved to Us and Our risdktion re-
Successors, and shall from time to time be erected, grant- serve *
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 High Admiral of
In the absence
of both the Gov-
ernour & Deputy
Governour, the
major part of the
Council to have
their Power.
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 of . ' _ . . ° ■> .
Fishing not to be lovmg Subjects whatsoever, to use and exercise the
Trade of Fishing upon the Coasts of New-England, 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.
Tr es fit for And Lastly, for the better providing and furnishing of
Masts not grow- Masts for Our Royal Navy, We do hereby reserve to Us,
Soil gTamed "to Our Heirs and Successors, all Trees of the Diameter of
so™ cloabeP pre- Twenty Four Inches, and upwards of Twelve Inches from
served. the ground, 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 Hundred 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 Presents 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.
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
„. „ , t Enure, or be taken to abridge, barr or hinder any of Our
I he Irade or . ' . ° J ,
Fishing not to be loving Subjects whatsoever, to use and exercise the
Trade of Fishing upon the Coasts of New-England, 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 ^nd Lastly, for the better providing and furnishing of
Masts not grow- Masts for Our Royal Navy, We do hereby reserve to Us,
soli granted "o Our Heirs and Successors, all Trees of the Diameter of
Ens1CtoabePpre- Twenty Four Inches, and upwards of Twelve Inches from
served. the ground, 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 Hundred 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 Presents 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.
I if
V
I
t
K1
BOUNDARY LINE PAPERS. 355
170. Then the Mass : Agents Moved That a Copy of a. Plan At-
tested & Certify ed by the Secry of Nezv Hampshire as filed in his
Office which was Endorsed " Province Bounds returned 23 July 1696.
W™ Re df or d 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
UUty to Protest agx the Courts not receiving the sd Copy which they
were Allowed to do, & the Court Ordered the Copy to be returned
to the sd 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
Commrs receiving the Judgm1 & Settlemt of the Boundary Lines be-
tween the Colony of the Mass : Bay & Mr Gorges of King Charles
the 2d in 1677. & also ag* receiving the Convey 'ce from the Council
of New England to Mr Mason in regard they related to the time of
the Mass : Old Ch'er before it was Vacated, & ag1 all other papers
which related to the time of the old Ch'er Esp'ially since the Commrs
disallowed the Report of the Attry & Solr Gen11 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 Hampr by their Comittee In Open Court
beg Leave to Except & Protest Ags1 the Courts Receiving as Evi-
dence any Deeds Charters or other papers that related to the time of
the Massachusetts old Charter & Could not as New Hampr Concieve
opperate in the Case but only Clogg & retard the Same Such as the
Settlem* In King Charles the 2d Time between the Massachusetts &
Mason & Gorges & the Conveyance of the Council of Plumouth to
Mason &ca the Severall Indian Deeds Waldron & Wears Depositions
&ca all those Papers haveing no relation to the New Charter but was
Transacted under the old Charter before it was Vacated & Annihi-
lated & therefore unreasonable to be offred Now, Especially Since the
Court Disallowd New Hampr the Bennifit of Putting into the Case
the Report of his Maj^ Attorny & Solicitor Gen11 to the right Honble
the Lords Comissioners for Trade & plantations relating to this Very
Dispute all which we Apprehend an Injury Don his Majty Province
of New Hampr & therefore Except ags* the Same —
Theodr Atkinson \ ™ Comtee
356 PROVINCE OF NEW HAMPSHIRE.
Adjournment to Monday next
29 Aug1 1737 — 172 — The Mass : Agents Produced in Evidence
Attested Cbpys of 2 Dep'cons, one of Richd Walderne, & the other
of Peter Weare, taken in 1665. before the Govr & Magistrates of the
Mass : — An Indian Deed to Jonathan Tyng of ioOctr 1685 — Deed
from Sundry Indians to John Wheelwright & Others dat 17 May
1629 — Another Deed from 2 Indians to Jona Tyng dat 22 Decr 1683
— Grant from Govr Shute to the Town of Chester dat 8 May 1722 —
And the Evidence of 2 ^sons taken 7 May 1665 properly attested
were read & ordd to be rec'ed
Affid1 Richd Waldron Sworn 3d May 1665, before the Govr & Mag-
istrates of the Mass : at a Gen11 Court at Boston
That abl 30 years since Dep1 having some Commerce or Trade
with the Indians at Piscataqua & many Others both of Pancatucke &
Winnipisiokee Dep1 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 & sev11 other Sagamores where there was a
great many Indians at Pen ni cook & being then at the ffort which was
by the river side & enquiring concerning the name of the River rec'ed
the same Ansr 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 Affirmed to Dep1
That the Lake called Winnipisiokee issued into Merrimack River —
That Dep* being with some Indians upon the Northside of the sd
Lake on a great Mountain saw the sd Lake which the Indians Af-
firmed issued into the sd river having this Report by them for 27
years.
Deed of Sale from the Indians to Jonathan Tyng —
10 Octr 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 70s. tog'er with sev11 other Charges expended on & Gifts
& Kindnesses shown him by Jona Tyng of Dunstable on Merrimack
River in the Mass : Colony absolutely Conveyed to the sd Tyng his
Heirs & Assigns for ever
BOUNDARY LINE PAPERS. 357
" One Tract of Land situate lying & being on the sd Merrimack
u Rivet & to lye full 6 English miles on each side of sd river the sd
" river lying in the Center of it, to begin at a place commonly called
" by the Indians Pennicook & commonly known by the English by
" that name to begin on said River 3 miles up the river beyond that
u place in Pennicook where the old Indian ffort now standeth, & so to
" ascend up sd river untill you come to the Great Pond, which Pond is
" full of small Islands, which Pond is the utmost Northwd to which
" Major Simon Willard Esqr went with his C° when sent by the Gen11
" Court up sd river on Discovery "
Habend the sd Tract of Land with all the Islands in sd river with
all the Rivulets on each side sd river from 6 miles wide on each side
sd river from end to end, To sd Tyng his Heirs & Assigns for ever
With Covts of a Good Title — of Warranty — & of Quiet Enjoym*
— Which Deed was 27 Octr 1685. duly Acknowledged, & Recorded
10 Nov1" 1686.
Deed from Sundry Indians to Wheelwright & 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 ag1 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 Piscataqua, & the river of Merrimack Viz1 to begin at
" Newichwannock ffalls in Piscataqua River afd & so down sd river to
" the Sea & so along the Sea Shoar to Merrimack river & so up along
" sd river to the ffalls at Pantuckett afd & so from sd 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 sd river to be the Bounds of the sd
" Land from the thwart Line or Head Line to the afd ffalls the Main
" Channell of each 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 sd Bounds As also the Isles of Shoals
" so called by the English with the appurts "
And the sd Wheelwright & Company thereby Cov* to begin a
Plant11 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 Gov1 among themselves
And the same day the sd Wheelwright was put in poss'ion of the
afd 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 Mr 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 Mr 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 whatsoever 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 T his Mark and seal
Presence of. JosePh X Trask CSeal]
his Mark his Mark
John -j- Line. John X Thomas
Little j/l/H James Fox his Mark
Jonathan Danforth Senr Joseph Traske and Wattanum-
Thomas Hinchman min Indians Acknowledged this
John Fiske Instrument to be their Act and
Jonathan Danforth junr Deed December 25th 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 10th Day of
November. 1686/
A true Copy as of Record Examined ^
J Willard Sec'ry.
360 PROVINCE OF NEW HAMPSHIRE.
Grant from Govr 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 &ca 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 —
(viz1) 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 Merrimack 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. —
BOUNDARY LINE PAPERS. 36 1
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 performance of the aforesaid conditions Rendering and
paying therefor to us our heirs and successors, or such other, officer
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 Esqr 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. — Sam11 Shute
By His Excellency's Command with the advice of the Council
Richd Waldron Cler: Con:
Copy Richd Waldron Secry
(Loc: Sig)
Dep'cons Simon Willard &-Edwd Johnson sworn 17 May 1665. be-
fore the Govr & Magistrates at Boston & Attested by the Keeper of
the Province Records
189 190 That Dep1 being Appointed by the Gen11 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 Depts up
Merrimack River so far as the River was Merrimack River — That
when Depts came ab1 60 miles short of the Great Lake there came
24
362 PROVINCE OF NEW HAMPSHIRE.
2 rivers into one, one from the Westwd of the North, & the other
from the Northwd of the East, but the Westerly River seemed
bigger than the other — That Depts taking notice of both Rivers &
knowing they must make use of but one called the Indians to Inform
them which was Merrimack River, their Ansr was, the river which
was next to Depts that came from the Easterly Point, Which River
Depts followed to the Lake
To All which Deeds & Affidts 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 Mr Gorge & Mr Mason
together with an answer to their Several pleas and Complaints in
their Petitions exhibited, Humbly presented & submitted by the sd
Governour and Company To the Kings most Excellent Maty as their
defence
In the yeare of our Lord 1628. in the third year of his late Maty
Charles the first of happy memory several Loyal & piously disposed
Gent11 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 Maty
of happy memory that they were bold to Supplicate his said Maty 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 4th 1629. in the fourth year of his Matys
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 sd
Patentees & other Adventurers transported themselves & Estates,
and setled in the most known and accommodable parts of those
Lands contained in the sd 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 Matys 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
Claimers & 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 intanglemts 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 sd 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 Majtys 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 ye 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 ye uppermost
parts of that River, encouraging an adventure, as also frequent Solli-
citations from ye 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 ye Governm* of the Massachusetts Viz1
Dover, Squamscot and Portsmouth Anno 164.1. Kittery, Yorke &
Wells Anno 1652 & 1653. From which times until the year 1662
when there was a small interruption by a Letter of Mr Gorge, and
afterwards in the year 1665. (when his Matys Commissioners Colonel
Nichols & others came over) the Inhabitants of those parts lived well
Satisfied & uninterrupted under the Massachusetts Governm*. But
then the sd Commissioners neither regarding ye Massachusetts just
364 PROVINCE OF NEW HAMPSHIRE.
right, nor the Claims Of Mr Gorge and Mr 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 settlem1 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 Matys 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.
1 — 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 wth 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 ye 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. Viz1 Ist 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
River which none can imagine altered its course by our delay. We
may 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.
2ly The possession house in Hampton of So little Significac'on
and so long Since disused that Mr Mason hath forgot the name there-
of, and calleth it bound house, erected to give the world to know
that we claimed considerably to ye 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 Mr 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
3dly That notorious falshood of stretching our right to near four
hundred miles North and South more than formerly we were satisfied
wth, 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. Mr 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 Matye his
Royal breast a belief that we are unreasonable in our pretensions,
and So unworthy of his Matys 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, Ist 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 seales annexed to
them, the sd Council of New England consisting of forty, and his
Matys Grant to them expresly requiring (as we are informed) seven at
366 PROVINCE OF NEW HAMPSHIRE.
the least to signe to make any valid act And indeed Mr 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 Maty and but three dayes before the
sd 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 Sd 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
Mr 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 honble 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 Maty 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 Maty, 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 Sr 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 Mr
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. 3ly 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 ye
reiterated and earnest sollicitation of most of the People there inhab-
iting, Sufficiently appearing by their Several Petitions, And we chal-
lenge Mr Gorge and Mr Mason by any living Evidence or Record to
shew any signe of a forceable Entrance Some Magistrates upon ye
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 Cap1 Boni-
BOUNDARY LINE PAPERS. 367
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 — 4ly 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 Matys honour and maintain ye 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 Cap1
Neale Agent for Mr Mason had wholy deserted the improver^ of
Land and the Governm* of ye 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 improvem1 We may hereto
subjoin that Mr Joseph Mason Agent for Mrs Ann Mason, when here
and all things were fresh in memory, made no demand contrary to
what is affirmed but petitioned our Justice against his Debtors there
& elsewhere And That Sr 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 Matys 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 ye 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 thirty[five yeares and others twenty yeares (Some
small interruption intervening, producing the stronger inclination &
resolution in them to be constant to his Matys 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 Mr 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 sd Colony, at Boston the 6th of
September 1676.
Examd ^ Isa Addington Sec'ry./
201. The New Hampshire Com'ee then Produced the Order in
Council for the Attry & Solr Gen11 to Prepare a Draught of this pres-
ent Common 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 sev11 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 Commrs 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 Hamp-
shire to recommend to the resp'ive Councils & Assemblys of the sd
Provinces to Appoint 2 of their Publick Officers residing in the sd
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 Commrs at their Ist Meeting with a full State of their Demands
Describing where & in wl places the Boundaries on the Southern &
Northern part of New Hampshire ought to begin & w1 Courses &
how far the same ought to run resp'ively, & to acquaint them that in
case they omitted so to do the Coram" were Empowered to proceed
Ex^te — The Attry & Solr Gen11 were Ordered to Prepare & Lay
before his Ma'tie a Draught of a Comm'on with the sev11 Clauses
mentd in the sd 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 & Solr Gen11 (Mr Willes & Mr Ryder) taken
from the Plant" Office referring to the Commencem1 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 argumts 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 Ryder, 1735/6.]
[Mss. Prov. Boundaries, p. 81.]
To the Right Honble the Lords Commissrs for Trade & Plantations
May it Please your Lordships
In obedience to Lordships commands Signified to us by mr Popples
letter of the 8th march 1733 and the 5 Janr last, wee have considered
the Question which you was pleased to propose to us —
From what Part of Merrymack River the three Miles from whence
the dividing lines Between the Provinces of Newhampshire and the
Province of the Massachusets Bay is to begin, ought to be taken ac-
cording to the intent of the Charter of Wm & 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 tho1 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 Wm & 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 Augt 1737 — When they Ordd that the Paper containing the
Op'ion as entred yesterday shod 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 Inferr Court of Common
pleas next to be holden at Salem within & for our sd County of
Essex on the second Tuesday of July next then & there in our sd
Court to answer unto Thomas Carlton of Bradford in our said County
of Essex Millwright In a plea of Trespass & Ejectrm" for that the
Def'hath Entred into and unjustly withholds from the pi* the Possession
of a Tract of Land lying in Haverhill aforesd 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 sd Town Line ninety poles to the Boundary first mentioned.
For that Whereas the pll and Ebenezer Carlton and Aaron Carlton,
Benjamin Carlton, Nehemiah Carlton, Nath1 Carlton, Eliza Carlton
Junr & Abigail Carlton Junr Daniel Jaques junr, & Hannah his Wife
in right of his sd Wife on the fourteenth Day of January Anno Dom-
ini seventeen hundred & sixteen were seized of the sd Premisses In
their Demesne as of Fee taking the Profits thereof to the Value of
Twenty Shillings ty Ann- And on the twelfth Day of September
Anno Dom~ seventeen hundred and twenty seven the sd Daniel
Jaques And Hannah his Wife in Right of the sd Hannah being
seized as aforesd by their Deed of that Date in Court to be produced
conveyed their Share therein to the sd Ebenezer & his_ heirs and
afterwards on the thirteenth Day of February Anno Dom" seventeen
hundred & twenty seven the sd Benjamin, Nehemiah, Nathaniel, Eliz-
abeth, & Abigail being seized as aforesd by their Deed of that Date
in Court to be produced conveyed their Share thereof to the sd Ebe-
nezer & his Heirs & afterwards on the twenty third Day of May
Anno Dom~ Seventeen hundred & thirty one the sd Aaron being
seized as aforesd by his Deed of that Date in Court to be produced
conveyed his Share in the said Premisses to the sd Ebenezer & his
BOUNDARY LINE PAPERS. 371
heirs and afterwards on the seventeen Day of June Anno Dom
seventeen hundred & thirty one the sd Ebenezer being seized in his
Demesne as of Fee of his part of the sd Premisses and of the several
Shares by him purchased as aforesd 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 aforesd & 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 sd 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 Esqr at
Salem the seventh Day of June in the sixth Year of our Reign
Annoq Domini 1733.
Mitchel Sewall Cler
sd Adams appeared at the sd 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 McNeal 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 f Def*
Endorsed/ Thomas Carlton Bollan Att* ^ Quer*
Essex ss Haverhill June ye 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 Nath1 Peaslee Und. Sheriff
A true Copy Attest Mitchel Sewall Cler
A true Copy Examd f Benja 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 ) Britaniae Franciae et Hibernise 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 sd Month Annoq Dom-
ini 1734 —
372 PROVINCE OF NEW HAMPSHIRE.
Thomas Carlton of Bradford in the County of Essex Millwright
Appl1 versus James Adams of Haverhill in the sd County of Essex
Husbandman Applee 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 Appu was Pit and the Applee was Deft In a Plea of Trespass and
Ejectment For that the Def1 hath entred into and unjustly withholds
from the pi1 the Possession of a Tract of Land lying in Haverhill
aforesd Containing by Estimation One hundred and Eighty Acres
and bounded as followeth viz1 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 sd Town Line Ninety poles to the
Boundary first mentioned. For that whereas the pi* and Ebenezer
Carlton, and Aaron Carlton, Benjamin Carlton, Nehemiah Carlton,
Nath1 Carlton, Eliza Carlton junr, & Abigail Carlton junr, Daniel
Jaques junr, & Hannah his Wife in right of his sd Wife on the four-
teenth Day of January Anno Domini seventeen Hundred and sixteen
were seized of the sd Premisses in their Demesne as of fee taking
the Profits thereof to the Value of twenty Shillings ^ Ann" And
on the twelfth Day of Septr Anno Domini Seventeen hundred and
twenty seven the said Daniel Jacques And Hannah his Wife in Right
of the sd Hannah being seized as aforesd by their Deed of that Date
in Court to be produced Conveyed their Share therein to the sd Eben-
ezer and his Heirs and afterwards on the thirteenth Day of February
Anno Domini seventeen hundred and twenty seven the sd Benjamin,
Nehemiah, Nathaniel, Elizabeth and Abigail being seized as aforesdby
their Deed of that Date in Court to be produced Conveyed their Share
thereof to the sd Ebenezer & his heirs and afterwards on the twenty
third Day of May Anno Dom Seventeen hundred and thirty one
the sd Aaron being seized as aforesd by his Deed of that Date in
Court to be produced Conveyed his Share in the sd Premisses to the
sd Ebenezer and his Heirs and afterwards on the seventeenth Day of
June Anno Domini Seventeen hundred & thirty one the sd Ebenezer
being seized in his Demesne as of Fee of his part of the sd Premisses
and of the Several Shares by him purchased as aforesd 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 Def has entred into the
same and unjustly holds the pll out to the Damage of the sd 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 sd Thomas Carlton Costs of Court
This Appeal was Commenced at the Superiour 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 tryed 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!t 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 8th June 1734
a true Copy as Appears of Record Examd ^
Benja Rolfe Cler
The Massachusetts written Evidence in Reply
The Mass : Com'ee Produced & read the ffoll Address to King
Charles the 2d in 1678 from the Govr & 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 8lh 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 happyness 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
Majesty s 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, Mr
William Stoughton and Mr Peter Bulkley to Attend your Majestys
Pleasure Concerning the Bounds of Our Patent in reference to Mr
Gorges and Mr 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 affirme 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
tablishment 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
abovesd 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 Mr Attorney and Mr 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
Decln of Mass : showing their complyance with King Charles's
Order in Counc in 1677
216 — The Mass : then Produced a Decln of their Gen11 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 Octobr 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 Govr Dudley's
Comm'on for the Gov1 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 Para or Clause in Govr Dudleys Lrs Patsfrom Qn Anne
dated April first, in the first year of her Reign to be Govr 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 ye advice of Our sd Council to agree
" with the Inhabitants of Our Province & Territories aforsed for Such
" Lands Tenemts & 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 aforesd shall think fit, which sd 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 aforesd Paragraph or Clause taken from the
Original and Compared.
f . Benja Rolfe Cler.
221 — They also Produced the Ch'er or Patent of King Charles
the Ist to Sr fferd° Gorges, Part of which describing the Bounds they
Desired might be read — The Com'ee of New Hampshire Excepted
ag1 its being read in Evidence in this Case, & after hearing what each
^ty had to offer The Court ordd the Clerks to transcribe a true
Copy of that Paragraph in the sd Patent which contd 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 Sr 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
aforesd 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 aforesd 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 aforesd
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. 2>77
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 aforesd Coast between the aforesd Rivers of Piscataqua
& Sagadahock with all the Creeks Havens & Harbours thereunto be-
longing and ye 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 Wm 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 Govr & Council of their Province Viz1
io April 1726 — At a Council then held at Portsmouth by the
Lieut* Govr & Council It being reported to the Board That in
Issuance of a late Vote of the Gen11 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 sd Lieut* Govr & Council of New Hampshire
cod not pass by with* bearing testimony ag* it It was therefore Ordd
That a Com'ee in behalf of that Gov* shod immecl repair to sd Pen-
nicook & forewarn any ^sons whom they might find there or
thereab*5 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 shod 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 sd Lands
Evidence Closed
223 — Then Both ^ties Declared they had no ffurther Evidence
to offer unless it shod be occasioned by something that shod 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 Attry & Solr Gen11, where
the Dividing Line between the 2 Provinces ought to begin, shod be
read & made part of the Record — And after debating the m're the
Printed, State Papers, Vol. IV. d. ii.
25
378 PROVINCE OF NEW HAMPSHIRE.
Presid1 put the Question & the Court were Divided in Opinion, &
the same was ordd 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 I To the HoNble His Majesty's Commission" for Set-
N. Hampr J tling the Boundary Lines between the Provinces of New
Hampshire & the Massa Bay —
A Reply to the Answer of the Province of the Massa Bay to the
Demands & Pretensions of the Government of New Hampr Exhib-
ited by the Agents of the Province of the Massa 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 Massa 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 Arguments on this Controversy — Do there-
fore further Say, in the first Place That the Province of the Massa
Bay ought to be Deemed & held to Contend as well with His Maj-
esty as with His Province of New Hampshire in the Present Contro-
versy, for that the Said Prov. of the Massa 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 Hampr
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
Mass3 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 Massa 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. Hampr the Government of
New Hampr being His Majesty's Immediate Governm1 as aforesaid,
have a Right by virtue thereof, & ought in duty to prevent if they
Can, any Incroachmts on the King's Lands, that lye nearer to them
than to any other Governm1 Immediately under his Majesty, and
therefore may well Appear in His Majestys behalf & Demand a Set-
tlement of the boundarys between His Lands & those belonging to
the Prov. of the Massa Bay. —
2 As we find the Prov. of the Massa in their Answer to Our De-
mands as well as in their 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 ye Same —
Pursuant to which the Gen1 Courts of the Said Provinces Enacted
Laws which they thot proper & pertinent to the Occasion — That,
pass'd by the Gen1 Court of the Massa is now Extant among their
Laws, & is Entitled, An Act fully Impowering Commissxs to Deter-
mine the bounds betweeji this His Majesty's Province of the Mass3-
Bay, & the Provi7ice of New Hampshire — If the Prov. of the Massa
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 Govr 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 aforesd 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
38O PROVINCE OF NEW HAMPSHIRE.
Say, that whole Transaction fully demonstrates the Sense that the
King, the Govr, & the Province of the Massa 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 Govern1"
Belcher's Commission for ye Governm* of New Hampr, 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 Govern1"5 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
ye Massa 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 Gov1" & Gen1 Assembly, to make or pass any grant of
" Lands lying within the bounds of the Colonies formerly called the
" Colonies of the Massa 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
a 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 Govern1" & Gen1 Assembly of the Massa 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 ye 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 Massa has different bounds from those of the
Colony of the Massa 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 ye habendum as it is to add to & Increase the number of
Grantees by Inserting their names there, we therefore conclude that
the true extent of the Prov. of the Massa 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, within 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,
within the bounds aforesd are of no Significancy, According to that
Construction, as will Appear by 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 ye 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 Rul'd where the Sense Requires it, & the Plain Intent &
Sense of the Instrum1 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 the Sense Evidently Requires Such a Reference as we
Contend for, namely to the Bounds first mentioned after ye 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 which tho' contrary to a Rule of
Grammer is yet good Sense & makes the Deed Consistent with it
382 PROVINXE 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 Hampr 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 Govr 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 Hampr
might possibly run nearer the River in Some places as the Line of
the Prov. of the Massa might probably be run. for it cannot be ra-
tionally Suppos'd that the King intended One Line for New Hampr
& another for the Massa & 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 wch is a Northern Boundery
for the Massa is not a Southern Boundary for New Hampshire —
This point is further Demonstrated from the Commission which
gives your Honrs 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 Hampshr Your Honrs 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 Honrs Judgment not doubting of an
Impartial & Judicious determination and in behalf of His Majestys
Government of New Hampr Subscribe Our Selves Your Honrs
Hampton Aug1 29, 1737 Humble Servts
Andr Wigging Shad Walton ^
Th^npfcker [Committee TheodmJ Atkinson (l Committee
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 Honoble his Majesties Commissioners for Setling the Respect-
ive Boundaries between the Province of the Massa 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 PROVINCE 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 1 69 1 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
Govr & 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 Years 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 viz1
Objection Ist 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 Evidence we have.
Object11 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 Govr & Company of
the Massachusetts Colony, which are dissolved ; but not as to the
Province of the Massachusetts Bay, 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.
Object11 3dly 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./
Object11 4thly That the River Extends from the Sea to Pantuckett
Falls thirty five 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
3§6 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, viz1 All 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. 387
Newichawannock River to the head & from thence Northwest, which
well Answers their Circular course by this River, But 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 aforesd that the Rivers give
them as far as they go, and then with the Breadth there found to
proceed to the South Sea./
Object" 5thly That the Province Charter leaves out those Important
and Material words of the Old Viz4 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 aforesd 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-
tonly 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 fflourishing 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 line is to be run from
the Atlantick Ocean at three Miles distance from the Mouth parallel
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./
Object11 6thly 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./
Object11 7ly 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 viz1 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 viz1 where the
line should begin and what course it should run, and these being de-
BOUNDARY LINE PAPERS. 389
termined 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 viz4 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, but 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 say 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 Honble Court to determine that our line from
three Miles North of the head of Merrimack River aforesd 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 aforesd, 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 Massachusetts.
Job Almy Samuel Welles
Henry Rolfe Thos Berry
Bena Lynde Junr
247 — After this Reply delivered in the Agents of the Province of
the Mass: Bay Offered 2 Exceptions to the Proceedings of the Comrs
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 ree'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
i6t Exc'on ought not to be ree'ed, but that the 2d be ree'ed & Entred,
which 2d 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 Honble the Commissrs for marking Out & Setling ye Bounda-
ries between the Province of the Massa Bay & the Prov. of New
Hampr in New England —
And the Said Province of the Massa Bay comes before yor Honrs &
declare that they Exhibited by way of Evidence to your Honrs a Cer-
tain plan Entituled a plan filed in the Sec1^5 office of New Hampr which
is Endorsed Province bounds Returned the 23rd of July 1696 Wm
Redford Dep1 Sec1^ & certified by Richd Waldron Secr>r & what yor
Honrs on Argument hath Rejected & Denied to be part of the Case
from which Judgment & Denial as Erroneous the Said Province of
the Massa Bay also pray An Appeal to his Said Ma^ In Council that
the Said Province may before His Said Majty 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 Honble
Court & made part of the Case
In the Name & by Order of the Agents of the Massa —
Sam1 Welles
Thos Berry
Benja Lynde Junr
Job Almy
Henry Rolfe —
249 — The Com'ees of both Provinces Appeared & the Mass:
Com'ee Demanded Judgnv* of their Plea That they were not held to
BOUNDARY LINE PAPERS. 39I
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 ansr to each other The Court Adjourned till the next
day
1 Septr 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 Septr 1737 — Upon Consideration of the whole by the Commrs 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 1 Hampton Septr the 2 1737 at a Court of Commissrs Ap-
N. Hampr 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 Massa Bay & New Hampr
in New England then & there held.
In Pursuance of His Majesty's aforesd 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-
tobr 7th in the third Year of their Reign Grants to the Province of the
Massa Bay all the Lands which were Granted by the Charter of King
Charles the first Dated March 4th in the fourth Year of his Reign to
the late Colony of the Massa 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 with His Majestys other Governments —
which shall be the boundary or Dividing Line between the Said
Provs of the MassaBay & New Hampr on that Side — But if otherwise
392 PROVINCE OF NEW HAMPSHIRE.
then the Court Adjudge & determine that a line on the Southerly
Side of New Hampr begining at the Distance of three English miles
North from the Southerly Side of the black Rocks aforesd at Low
Water Mark & from thence running due West up into the Main
Land towards the South Sea until it meets with His Majesty s other
Governmts Shall be the boundary Line between the Said Provinces
on the Side aforesd — which point in doubt with the Court as aforesd
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 Provinces the
Court Resolve & Determine that the Dividing Line Shall pass up
thro' the mouth of Piscataqua Harbour & up the Middle of the River
into ye 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 ye Mouth of Piscataqua Harbour
Aforesd or until it meets with His Majestys other Governmts 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 Hampr & that ye North
Easterly part thereof shall lie in & be Accounted part of the Prov. of
the Massa Bay & be held & Enjoyed by the Said Provs Respectively
in the Same manner as they Now do & have heretofore held and En-
joyd the Same — And the Court do further Adjudge that ye Cost &
Charge arising by taking out the Commission as also of the Com-
missi & their officers Viz the two Clerks Surveyer & Waiter for their
Travel8 Exps & attendance in the Execution of the Same be Equally
born by the Said Provs
Ph Livingston
Will: Skene
Eras: Jas Philipps
Otho Hamilton
John Gardner
John Potter
George Cornell
252 — After Pronouncing the sd Judgm* in the Audience of the
Com'ees & sev11 other Gent belonging to sd Provinces The Court In-
formed the Com'ees that they shod Adjourn to Fryday 14 Octr then
next & Ordered Copys of the sd Judgm* to be sent to the resp'ive
Publick Officers in the sd Provinces no'iated to them & also Notice
in writing of such their Adjournm* being 6 weeks when they shod
BOUNDARY LINE PAPERS. 393
meet in order to receive any Exc'on or Appeale which either or both
^ties might have to sd Judg1 — & then the Court Adjourned accord-
ingly
\_William Dudley to Secretary Waldron, 1737.]
[Mss. Prov. Boundaries, p. 135.]
Boston 15th Septr 1737
Honorable Sr
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 Govr to Signe that you are the
Secretary thereof & Due faith & Credit ought to be given &c
Copy of the Councill of Plymouths Grant to Cap1 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* Govrs 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 Sr
Your very Humble Ser*
Wm Dudley
\_Mass. Vote for an Appeal, 1737.]
[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
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 Sep1 1737 — John Turner
In Council Septr 6th I737~
Read and Ordered, That this Report be accepted
Sent down for Concurrence Simon Frost Dep* Secry
In the House of Rep'tives Sep* 6 1737 —
Read and Concurr'd, And Mr Speaker and John Wainwright John
Chandler and Benjamin Prescott Esqrs and Mr 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 Spkr
In Council Septr 6 1737
Read and Concurr'd and Edmund Quincy William Dudley, Samuel
Welles Thomas Berry and Benjamin Lynde Esqrs are join'd in the
affair. Simon Frost Dep1 Secry
Consented to J Belcher
Copy Examd by Simon Frost Depty Secry
[ Vote of N. H. House about Expenses, 1737.]
[Mss. Prov. Boundaries, p. 156.]
Pro of )
N H j In the House of Representatives
Voted/ That the Committee appointed by the Provs to Lay all
papers &ca and to Entertaine the Commissrs on the affaire of the
1
BOUNDARY LINE PAPERS. 395
Lines be and hereby are Directed and Impowered to Settle ye ac-
count of Charges in that affaire (according to the Judgm1 of the
Comissrs) with the Committee of the Massa 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 Commissrs
& pray ym to tax the same as Cost
gr jjjth j j ^ j James Jeffry Cler Assm
Sent up for Concurrence
14 Octr 1737 — 253 — The Com'ees or Agents of both Provinces
appeared & the Agents of the Mass : presented an Order of their
Gen11 Court made that day Whereby It was Ordered that the Ap-
peale or Exc'on to the Determination of the sd Comrs which had been
that day Approved by sd Gen11 Court Should be laid before the Comrs
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 sd Province from the
Judgm* of the Commrs was read being the same with their Petition
hereto annexed
{Massachusetts Appeal, 1737.]
[From Original in Masonian Papers, Vol. 4, p. 162.]
To the Kings Most Excellent Majesty in His most Honble Privy
Council.
The humble Appeal or Exception of Your Majesty's Province of the
Massachusetts Bay against the final Determination of the Honble
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 sd final Determination of the Said Honble Commis-
sioners touching the Southermost of those Lines Viz* Where it
adjudges
First, That if the Charter of King William & Queen Mary Dated
October 7th 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 4th 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 English 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. —
Ist Because the express Words of the present Province Charter are,
That the Territory or Colony commonly called or known by ye 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.
2diy -phe 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.
gdiy 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.
4ly 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 Governmts 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 Yor 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 Massachusetts also declare themselves ag-
grieved at the Determination of the Said Honble Commissioners
touching the Northermost Line Viz* Where it adjudges.
Ist 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 running 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.
2dly 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 Province
of Main extends no further than One Hundred & twenty Miles, and
New Hampshr on that Side is bounded by the Said Province of Main
39§ 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 Honble 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 agreable 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 Govr
Province of the )
Massachusetts Bay j Salisbury, Oct0 14, 1737.
In Council October 14, 1737.
In the Name & by Order of the Council
Simon Frost Dep* Secry
In the House of Representatives Oct0 14th 1737
In the Name and by order of the House
John Ouincy Speaker.
[Masonian Papers, Vol. 4, p. 163.]
In Council Oct0 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 Benja
Lynde Junr Esqr, 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 Oct0 14, 1737
Read and Concurrd and Mr Tho. dishing Job Almy and Henry
Rolfe Esq™ Mr Nath1 Peaslee Col° Chandler Mr Hutchinson Col°
BOUNDARY LINE PAPERS. 399
Prescott Mr Danforth and James Warren Esqrs are join'd in the Af-
fair J Quincy Spkr
Consented to J Belcher
Copy Examd ^ Simon Frost Dep1 Secry
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 sd Judgm* the Province of New Hampshire was ag-
grieved & Excepted ag4 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 Commrs was to come from
the whole Legislature which was the Province And after hearing the
sd Com'ees on the Obj'on & Exc'on afd 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 Gen11 Court of New Hampshire was then Sitting the sd
Com'ee might apply to the Govr & Council for their concurrence with
the sd Vote if they saw cause — And then the Court Adjourned to
Monday then next
17 Octr 1737 — The Com'ee of New Hampshire being at the Gen11
Court of sd Province The Court Adjourned to Tuesday the 18th
18 Octr 1737 -262 -The Comrs having Considered the Vote of the
House of Representatives of the Province of New Hampshire as
Entred the 14th Agreed & Determined that the same shod 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 Commissrs Appointed by his
New hampsr > Majties Commissrs under the Great Seale, to Settle the
8r=i4 — 1737 ) Boundarie Lines between his Majties 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 Commissrs 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 Either 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 Commissrs 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, viz1 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
2dly 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 riming 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 Massa Bay Now hold under the Charter of William & Mary which
Never intended a Crooked Line :
3dly : 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 Mr Gorges Patent, By which the Massa 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 General] Assembly of this Province to Lay all papers and Evi-
dences Relateing to the affaire of the Lines before the Commissrsare
hereby Directed to present this Vote Immediatly to the Court of
Commissls 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 14th 1737. — James Jeffry Cler Assm
BOUNDARY LINE PAPERS. 4<DI
265 — Upon Publishing the Determination in the hearing of the
Com'ees of both Provinces The Mass: Com'ee Moved that they might
have lib'ty to Enter their Protest in writing ag* the same Which the
Court Allowed them to do the next morning — To which time they
Adjourned
19 Octr 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 Viz1
[In place of the abstract here entered, this document is given in full
from Masonian Papers, Vol. 4, p. 165.]
'rovince of 1 To the Honble 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 Honrs Receiving and
Entering in the Minutes or Records of this Honble Court, A Vote of
the House of Representatives of the Province of New Hampshire,
Purporting their Greivance and Exceptions at the Judgement of this
Honble Court as Expressed in said Vote and Exhibited the 14th in-
stant, by A Committee without the Appearance of any Power or
Authority from the said Province so to do :
For the Following reasons —
Ist Because your Honrs 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 Honrs 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 Honble 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 Honble Court, But to Submitt the Matter as it now
Stands to His Majestys Royal Pleasure.
2diy Forasmuch as the reason Assigned for offering the said Vote
of the House of Representatives is intirely Groundless Viz1 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 Honble Court There having been full
402 PROVINCE OF NEW HAMPSHIRE.
Oppertunity on Several Days in which His Excellency the Govern-
our has Continued the Whole Gen1 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.
3d!y Admitting the said Vote had been the Act of the whole Gen11
Court of New Hampshire, it must have been Exhibited & Laid before
this Honble 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 Gen11 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 aforesd And therefore to Receive &
Enter the sd 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 Honble 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.
Bena Lynde Junr
Henry Rolfe
Benja Prescott
Committee.
268 — The Court having Directed their Surveyor to Prepare a
Plan or Draft of the Rivers & Boundary Lines referred to & mentd
in their Judgm1 He accordingly Performed the same, Which Plan
is annexed to the Proceedings transmitted by the Commrs
The Court having Proceeded thus far in the execution of their
Com m 'on Thought proper to Adjourn to some future day till his
Ma'ties Pleasures shod be known in the prenres And accordingly
Adjourned to the Ist day of August 1738
The following observations are thought proper to be added to those
in our printed Case Viz1
As to the Northern Line of Massachusetts or Southern of New
Hampshire
1 — 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 sd Judgm1 of the King in Council
Anno 1677. their practise was to Grant Lands so far Northward as
BOUNDARY LINE PAPERS. 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 7th 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 Pennicook 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 sd 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 sd 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 sd 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 Setlers 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 R'iver 40 Miles Southwards of what was formerly allowed to
belong to the late Colony of the Massachusetts it would create the
404 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-
necticut— 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 Connecticut contrary to the express Words of
the present Charter
The Objections made by New Hampshire to this Boundary Line.
Ist 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 Commissonrs 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 & Settlemts 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 above forty Miles
Wide to the end of the Government.
3dly It was 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 Novr 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. 405
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.
2diy T/he Commission to President Cutis * Anno 1679 tw0 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
thereof & 2dly the King thereby declares that the Government of sd
Province of New Hampshire so limitted & bounded had never yet
bee7i Granted, and then his Majesty by these Letters Patents creates
& gives them the power of Government 3dly His Majesty by these
Letters Pattent declares that Robert Masons Ancestors had obtained
a Grant of the Soil of sd Tract which answers to the afsd Deed dated
1629 Save only that whereas the King by his Settlem1 1677 nacl 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
2d 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 sd Determinac'on in
167 7 finally adjudged that 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 ag1 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 sd Order in 1677 were determined to
belong to the Mass5 Colony And to shew that the Govrs 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.
3d Objecc'on — New Hampshire object & insist that Govr Belcher's
Comis'on makes him Govr 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 & in
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 Boundys 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 wod 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 Mr 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. 4O7
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 meer Ommission
that his Majesty intended to overthrow a Judgm1 & the Sense of his
Predecessors with regard to the Limits of New Hampshire for 50
Yrs before Nor is there the least Intimac'on thro the whole of the
present Govrs 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 Govr Usher & Council soon after the Massachusetts
present Charter Viz1 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 Agreemts 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 Settlem1, & this
is all that was designed by the afsd Act
Besides this is Objecting ag1 what appears upon Record & there-
fore can be of no Weight
Objecc'on 5 — The New Hampshire Committee Object & protest
ag1 our Evidences (Viz1) 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 (Viz1) 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 ofTerr
408 PROVINCE OF NEW HAMPSHIRE.
Ist — Ancient Evidences taken from the Natives who gave the
Name & were best acquainted with the River its' Courses & Reaches
2dly — 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
3d — Ancient Mapps of the Country printed in England must be
well known there before the Settlem1 1677 especially to the 2 Chief
Justices Rainsforth & North who were then informed by the Massa-
chusetts of the Course of the River
4thly — 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
5thJy — As Truth itself will always burst forth even from the Mouth
of an Opponent so in the New Hampshire Answer N° 1 1. they called
the River Merrimack from Winnipisiokee even to tJie Month at New-
berry & describe it Page 34 as running 35 Miles Westerly & 55 Miles
NortJicrly, & 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.
5thiy — as the province of the Massachusetts on the Recommenda-
c'on of the Comrs 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 — 4thiy The
New Hampshire Witnesses as to the Black Rocks are full as much
parties as any the Massachusetts can bring.
Ob'con 6th — New Hampshire Comittee Object that the Course of
the River Merrimack riming 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 Ist — The same Difficulty Arose on the Determination &
Judgm1 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
^diy — The 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 J 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 — Let New 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-
pret that to be a Line running North 2 Degrees & 2 west & makes
it the Northern Boundary of their province Surely then those that
can Reconcile the Difficulty of a Line riming North 2 Degrees & i
west being a Northern Boundary may with much greater Ease Solve
the Difficulty of a Line running Northerly 15 Degreee west
^thiy — a plan of 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 (Viz1) 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 7th — The new Hampshire further Object to our having
Councill for Comrs where they Say they could not possibly have the
advantage of able Lawyears
Answer — This Objection is Ridiculous — ffor New Hampshire
27
410 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 (viz1) Mr Atkin-
son & Mr 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
8th Obj'on — New Hampshire further Objected before the Comrs
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 Commrs 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 Thousd 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 Use to be made of the Deeds
and Grants prior to the present Charter viz1 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 Jona Tyng dated 10th
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 & Judgn^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 PAFERS. 411
Besides it Appears from the Record that the plea to was
Waived & the Cause tryed upon the Merrits by Consent and the Town
of Havrill is an Antient Town Grant, by the Govr 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 Govr & 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 agl them
For whatever Grants the Massachusets had made prior to the Detn
in 1677 Immediately after the Detn 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 sd Detn
Note likewise — New Hampshire produced an Order of theGovr
& 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 Counc1 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 aforesd Act 70 Geo :
2di 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 Riming 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 Ace1 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 2d 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 2d & 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 Comrs by which they have declared that the Line is to
run West till it meets with his Majestys other Governmts & that it
shall be directed to run but 60 Miles because 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. 413
Bounds ought to End there too & the Comrs Judgment should have
Extended no further & what is more is against or without any Au-
thority in the Comis'on
With Regard to the Southern Boundary of the Massachusets or
the Northern Boundary of New Hampshire
As the Determinac'on of this Boundary Depends upon the Mathe-
maticall Construction of the North Westward 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 Dr 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 Que'on with regard to this Boundary will turn & accordingly Dr
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 —
li Whenever a Line is intended to be run North a Small Matter to
" the West the Usuall Way of Expressing it is by the word North
" Westerly or if Accuracy is Required as in Boundarys of Lands with
u the Addition of how many Degrees it is to the Westwards of the
" North but by North Westward is also Utiderstood to be meant a di-
" rection tending into the North West or in the Middle between the
"North & west.
" Now the Comrs in favour to the pretences of New Hampshire
" have been Willing to Understand North Westward as Synonimous
" to North Westerly & in so doing have in my Opinion Comitted a
" Manifest Absiwdity 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 Meridian there being
" at this time in New England ab1 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 trice North West zvill
" become North West by North by Compass
Note we have likewise another Mathematician Mr Warner who
will Attend at the Hearing of this Matter to Offer his Opinion to
their Lo'pps Viva Voce & who Entirely Agrees with Dr Halley 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 1 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 Mathematical! 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 Westward that Line must run due 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 sev1 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
BOUNDARY LINE PAPERS. 415
Confirmed Way than any Equivalent Explanatory Terms from any
of our Greatest Mathematicians can possibly give them for if the
Line is to run North Westerly as the Comrs have Determined then
this Line Instead of a Northern will be an Earnest \_Eastem~\ Boundary
to New Hampshire Whereas a North West Line as Dr H alley very
justly 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 Considd 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
(viz1) 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 Comrs
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-
ernmts but only till 120 Miles was finished for 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 Comrs Determin-
ac'on of this part of the Line for that the Comrs have not given them
the whole 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 & New 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 Afifid1 which we have Transmitted under the
province Seal.
Affid4 Richd Cutt Esqr & Capt. Wm ffrost Sworn 13th Decr 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 nearest to the province of Maine & on
the North Side of the Great SI dp Channel have ever since their Mem-
4l6 PROVINXE OF NEW HAMPSHIRE.
ory been accounted to belong to Kittcry in the province of Main and
have paid Taxes there 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 nearest New Ha?}ipshire have bee?i
Accounted to belong to New Hampshire and have paid Taxes there
Note The said Richard Cutt lives at Kittery in the Massachusets
province & Capx ffrost is an Inhabitant of New Castle in New Hamp-
shire
Note by Comparing Sr 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 ye Sev1 sides) contains a true Copy of the
whole proceedings in the Controversy between the Provinces of the
Massa Bay & New Hampr respecting their Boundary lines, which We
Attest under Our hands at Hampton in New Hampshire this 19th
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 Dorn"
I737- —
V Commissrs
[Masonian Papers, Vol. 4, p. 167.]
May it please your Lordships.
In Obedience to His Majtys Royal Commission under the Great
Seal of Great Britain to us (and others) directed, appointing us Com-
missi to Settle yc Boundary Lines between the Province's of the
Massa Bay & New Hampshire, we have in pursuance thereof met
divers times at this place, (with others of ye Commrs 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
ye 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 ye Same to Your Lordships for that purpose,
and have Adjourned the Court to ye 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-
cording as ye Boundary lines may be determined in His Majtys Great
wisdom. — We are with all due respect. Yor Lordships
Most Obed' & Most hum1 Servcs
Hampton New England Eras: J: Phillips,
October 19th 1737. — Otho Hamilton
John Gardner
John Potter
Ezek1 Warner
Geo: Cornell.
The R4 Honble the Lds Comrs for Trade & Plantations.
{Extracts of Commissions^
[Masonian Papers, Vol. 4, p. 168.]
William and Mary by the Grace of God, King & Queen of England,
Scotland, France & Ireland Defender of the faith &ca To our trusty
& well beloved Samuel Allen Esqr 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 f Richd Waldron Sec^
William the third by the Grace of God, of England Scotland
France and Ireland King Defender of the faith &ca
To our Right trusty, & right well beloved Cousin Richard Earl of
Bellomont Greeting. — We reposing especial trust and confidence in
41 8 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 Richd Waldron Secr>'
Ann by the Grace of God of England Scotland France and Ireland
Queen, Defender of the faith &ca
To our trusty and well beloved Joseph Dudley Esq1' 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 Oueen Ann
Certifyed f Richd Waldron Secry
George by the Grace of God, of Great Britain, France & Ireland
King, Defender of the faith &ca — To our trusty and well beloved
Samuel Shute Esqr 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 Esqr 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. 419
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.
Certifyed f Richd Waldron Secry
George the second by the Grace of God, of Great Britain France
and Ireland King, Defender of the faith &ca To our trusty and well
beloved William Burnet Esq1" 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 Esqr 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 Sam1 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 part 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 <$ Richd Waldron Sec^'
[Extract from Gov. Belcher s Commission^
[Masonian Papers, Vol. 4, p. 169.]
George the second by the Grace of God of Great Britain France
and Ireland King Defend1 of the faith &ca To Our trusty & well
beloved Jonathan Belcher Esqr 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 ^ Richd Waldron Sec1-?
BOUNDARY LINE PAPERS. 421
[Memoranda of Dates and Events.']
[Masonian Papers, Vol. 4, p. 170.]
memorandums —
Colony of ye Massa Bay Erected into a Corporation Govmt in 4th
year of King Charles ye first ye 4th day of march 1628 —
Provs of Main erected 1639 by D°
Commissioners Court for Settling Boundaries between ye Provs of
Massa Bay & N : Hampshire sot Aug: 1737
Kingston Charter granted by Leiu* Gov1" Usher in ye Sixth year of
ye Reign of William & Mary anno Domini 1694 —
King James 3d day Novr 1620 -in ye 18th year of his Reign Granted
to ye Council of New England 85 their successors & assines yl part of
ye main Land in america lying between ye degrees of 40 & 48 north
Latitude to be held after ye manno of East Greenwich in ye County
of Kent &ca &ca- which Council by Several grants bearing date 9:
march i62i~7thNovr 1629:22 April 1635. Instated in fee sundry
great Tracts of Land in new England by ye name of new Hampshire —
King Charles ye first granted to Sr Ferdinando Gorges ye Province
of Main & ye Government thereof in ye 15th year of his Rign
Chester Charter was granted by Govern1" Shute ye 8th of may in ye
8th year of ye Reign of Geo: ye first 1722
Government of New Hampshire was by King Charles ye Second in
ye ^! st year 0f hjs Reign Erected and Constituted to be by a Presi-
dent and Council and John Cutts was appointed ye first president
London dery Charter was granted Gov1" Shute 21 day of June, 1722 -
Towns Bounds Settled by a Committee Decr 4th 1768 —
[Expenses of Commission, 1737.]
[Mss. Prov. Boundaries, p. 130.]
An Accompt of The cost of ye 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 viz1
To The cost of said Commission in Sterling money . ,^1 35 : 4: 6
Exchange on ditto @ 450 ^ cl . . . . . 608:10: 3
To cash paid Benja Acremen for fetching ye Com-
mis° from Boston ......
To cash paid for a Trunk to keep ye Comis° and
papers in ......
£743' H' 9
6.. 10.. —
1.. 10.. —
things -
422 PROVINXE OF NEW HAMPSHIRE.
To d° pd for 5 quire paper for ye clerks . . ^i..io.. —
To cash paid Mr Harvey per Ace1 for entertaining ) ,
the Commissioners ..... j /• 5-
To Chaise hire for the Commissioners and Trans- j «
porting some of their things J
To cash paid Mr Pray for Lodging and entertaining 1 fi
ye Commission1"5 ...... j
To cash paid Mr Syms par Ace1 for d° . . 15 : — .. —
To cash paid horse hire for Comissioners . 5..
To cash paid Majr Joshua Wingates's ac1 of Enter- 1
tainment for ye Commissioners while att Hamp- V 280: 5. 6
ton — . J
To cash paid Mr Edmond Rands bill for keeping ye )
Commissioners horses ..... J
To cash paid Mrs Lovells bill for Lodging the Com- ) . _
missioners, &c — ..... j 4 '
To cash paid Jeremy Libby for keeping the Com- ) -? • _
missioners horses ..... \ j- •
To cash paid John Browns bill for the expences of ^)
Commissioners when they first opened the Com- > 25. 8. 7
mission — ....... J
To cash paid Edward Pendexter his Bill for trans- )
porting the Commisioners goods to Hampton (
To cash pd Sam1 Marsten for Ditto — . . 2.. — ..—
To cash pd Moses Ingram his bill for entertaining 1 (-
Mr Skeen while at York .... J 9- •
To cash paid Shooing Commisoners horses . 1:4: —
To The expence of a schooner & other charges arris- ^
ing in conveying the Commisioners from Annop- V 103. 8. 7
olis- ........ J
To cash paid Cap1 Donnel for bring 2 commision- 1
ers from Annopolis ..... j
To Cash paid Sam: Lovets bill for keeping ye Com- ) >-
missioners horses ..... \
To cash paid Mr Mackins Shaving the Commission- I
ers — . . . . . . . . J
To cash paid Mr Lamprey Transport5 commisioners (
2 : 10
25..—
— 10.. —
2.. —
^£1297: 8: 4
Geo. Jaffrey ")
Jotham Odiorne
Theodore Atkinson ^
a jr «r • 1 Committee
Andr Wiggin
Thos Packer
James Jeffry
BOUNDARY LINE PAPERS. 423
\_Letter on Boundary Line Question, 1737.]
[Farmer's Town Papers 2-3.]
Boston Septr 29, 1737 —
Sir In Answer to yor letter publish'd in ye Boston Gazette the
19th 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 ye Charge cf war nor of ye Matter of oral
Argumentation These things are not much to ye 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 Massa 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 & Q M grants all
the lands which were granted by the Charter of K C ye Ist that the
line Shall Run parallel wth the River &ca from whence tis plain & ye
Court made a doubt on a point wch the Agents of New Hampr had
determined agst themselves & by which they are forever Estopped
from having any other line than what our Agents have offered 'em
unless by Composition, or ye Mere condescention & allowance of our
Gen1 Court, but to wave ye point wch 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 ye Judgment is
Whether the New Charter grants all the lands that ye old did and if
yea Then the line is to be as Massa asks it if nay, then as New
Hampr asks it I answer in the Affirma yt ye New grants ye all ye lands
that ye old did
1. The New Charter Says the Colonys Commonly called or known
by the name of Massa &c we incorporate now what was commonly
calld & known by the name of Massa was denominated so from being
comprehended in the old Charter Ergo
2 The New Charter says 18 Councellrs Shall be Annually chosen
of the Inhabitants of or proprietors of lands within the Territory
424 PROVINCE OF NEW HAMPSHIRE.
formerly called the Col° of ye Massa Bay — Now if the New Charter
does not grant all the lands wch the old did, then 18 Councellrs may
be Chosen to serve in ye Massa Governm* wch have no lands nor are
Residents within the Same —
3 The New Charter says the Gov1" & Gen1 Assemy may make &
pass any Grants of land lying within the bounds of the Colony for-
merly called ye Colony of ye Massa 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 House, 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 Honble the Commisonrs 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 Esqr hath hitherto as
Agent, managed that Affair wth 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 ji-th 1737 James Jeffry Clark Assemly
gbr j^th 1737. sent up for Concurrence
In Coun1 Octr 17, 1737
Whereas This Board has never been Acquainted in form that the
Mass3 has appealed, nor, that Mr Tomlinson has hitherto managed
the affair of the line with Such Extraordinary care as is mentioned in
the above Vote ; And besides the Said Mr 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 agst any appeal, made or to be made from the
BOUNDARY LINE PAPERS. 425
judgm* of the Honble Commissioners but that it is best humbly to
submit the Matter as it now stands to His Majestys Royal pleasure
Therefore Voted a noncurrence with the above vote
R W Secry
\_Vote of N. H. House Proposing Subscriptions, 1737.]
[Mss. Prov. Boundaries, p. 154]
Whereas the Honble Commissrs has now made an End of their
Court : and Made up yr Judgm* & final determination, from which the
Province of the Massa Bay has fil'd their Appeal in form : and this
Province of New hampsr (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 agt the Massa 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* fitt to appoint and Authorize the Committee that has Man-
naged that affaire before the Commissrs to transm1 the Coppys of the
Case home to the agent and to prosecute and defend the same to
finall Conclusion before his Majtie 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 Majtie 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 ^son may & shall receive his
Money againe : or some other ample Satisfaction
By Order of the House James Jeffry Cler Assm
8r 20th 1737
426 PROVINCE OF NEW HAMPSHIRE.
[ Vote of N. H. House about Payment of Expenses, 1737.]
[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
Honble Commiss15 for Each clay of their being in the Execution of
their Commission for settling the Lines : and in Neither of the votes
taken any Notice of their Charges, and payment to any of the Clerks
Surveyor Dore Keeper &ca Which the Judgrm" of the Said Commissrs
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 Commissrs : and all money Bills first proceeds from this House :
according to all Parliamentary proceedings therefor this House Non-
concurs the above Vote of the Councill ; and adhers to their own
Votes for the Raising Money for the paym1 of the Commissrs (who
are gon before the above Vote of Councell Came to the House) &
for paym* of the officers & Charges arising by Entertaining sd Com-
miss" &ca
gr 20th j ^ 07 James Jeffry Cler Assm
\Letter to Samuel H olden of London, 1737.]
[Mass. Archives, Vol. 52, p. 462.]
Honourable Sir,
There are so many instances of Yonr kind disposition toivards this
Province, and Yon having been pleased to signify to us such a readi-
ness to assist us and consult Our interest on any Emergency, when you
declined our choice of you into the Agency — We hope, it will 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. 427
The General Court have for this Important Affair, Chosen the
Honourable Edmund Quincy, Esqr a member of the Council here,
and One of the Justices of the Superiour Court, and Richard Part-
ridge Esqr of London, to be Joynt Agents with Francis Wilks Esqr.
Colonel Quincy 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 Wizard Sec'ry
In the House of Reptives Decr 28th 1737
Read and Concurr'd J Quincy Spkr
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 Inhabitants of New Hampshire, 1737/8.]
[Mass. Archives, Vol. 5. 197.]
To the Right Honble the Lords Commissrs for Trade & Plantations
May it please your Lordships —
We the Subscribers his Majestys Dutifull and Loyall Subjects of
his Majestys Province of New Hampshire in New England most
humbly Crave Leave to Remonstrate to your Lordps that notwith-
standing the repeatd Endeavours of his Majestys Government to have
the Boundary Lines between this & ye Governm1 of the Massachu-
setts settled and determined, yet the controversy still Subsists to ye
428 PROVINCE OF NEW HAMPSHIRE.
great Detriment Disquiet & allmost Ruin of many of us who have
already settled & made Improvements to ye discouragement of all to
whom Lands near our Supposed Line have been granted by this his
Majestys Govern ml who have for many Years & continue still to be
harrassed by people of ye Massachusets by Contentious Law suits
commenc'd against some for Entring upon and Improving Land
Granted to them many Miles to ye 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 ye Courts of ye Mas-
sachts & Ejected out of their possessions & Improvements & lately
an house Erected for ye Publick Worship & Defence, Pull'd down &
Burnt & those Lands Granted by the Massachuts 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 ye same words
with ye foregoing
[Petition of N. H. House to King against Gov. Belc/ier.~]
[Mss. Prov. Boundaries, p. 116.]
To His Most Excellent Majesty
The humble Petition of your Majlies most duty full and Loyall Sub
jects the House of Representativs of your Majties Province of New-
hampshirc in New P3ngland Most humbly Sheweth.
That the many & great Encrochments, made by the Massachusets
Goverment by Extending Jurisdiction and Property over great part
of this your Majties Prove of N Hampr togeather with their Commenc-
ing Severall Law Suits agl ^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 Sd Massa 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 Selling and Granting Land many Miles within this
Province Incited the Assm of this your Majties Province, to Vote John
Rindge Esqr an Agent to be employed in behalfe of this Govern^ to
Represent the affaire and Petition your Majtie that the Long depend-
ing Controversie about the Boundarys of the Provinces Might be De-
termined, as in your great Wisdom Yor Majtie Should Direct, But
because the Said John Rindge Esqr (as we humbly Apprehend) was
not acceptable to his Excellcie Govr Belcher a Majority of the Councill
disagreed to the Vote, And the Said Councill and Assemy, 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 Proves Should be Settled, and
the Suffering Borderers neare the line Relieved & Quieted in their
Possessions : The House of Representatives voted the Said John
Rindge Esqr, to be theire Agent for the Purposes affore Said, who
did Repaire to Great Brittaine & Petitioned yor Majtie, that the Boun-
dary Lines of this & the Massa Province might be Setled & fixed. —
In Consequence of which yor Majlie was Gratiously Pleasd in Coun-
cill to Order a Commissn under the Great Seal Appointing Commissrs
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 Massa did not put in theirs
until the tenth, notwithstanding it was yor Majties Express direction,
that the Demands of both Provinces Should be made and put in the
first day of the Commissrs meeting) after the Considering the De-
mands of Both Provs, on the Second day of Sep* last, the Said Corn-
miss1"5 Published their Determination a Coppy of which is humbly
presented herewith, from which this your Majties Province would have
appealed to your Majtie 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 Majties 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 Merrymk 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
43° PROVINCE OF NEW HAMPSHIRE.
Newhampshire Goverm1 and the Massa never pretended to Claime it.
But So it is.
His Excelly the Govern1" 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 Commissrs was Pub-
lished, the Govr Proroug'd the Gen11 Assm of this Province (who were
Sitting ab1 two Miles Distant from the Commissrs Court, to the verry
day before the Commissrs 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
Commissrs meeting, this yor Majties Province is Strip'd and Debar'd
Makeing and Entring an Appeal according to your Majties Most Gra-
tious Indulgence in the Said Commiss11, and at the Same time the
Govornour continued the Great & Gen11 Court of the Massa 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 Commissrs 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 Esqr in
prosecuting this affaire of the Lines in the obtaining the Commiss11
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 Majties
Goverment & Province for no Money could be obtained from the
Governour & Councill untill Last April the Gen11 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 Commissrs were Sitting in pursuance of yor Majties Royall Com-
miss11 & 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 y1 what was granted before for the
Reception and Entertaiment of the Commissrs 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 Govornr 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 Commissrs Should be Served or left : untill
ten days after the first Meeting of the Commiss1-5 whose names ought
to have been Sent to them the first day, by which means this Province
might have been proceeded agl Ex parte agreeable to the Tenour of
BOUNDARY LINE PAPERS. 43 I
the Commiss011 The Discouraging & not granting Money for Carrying
on the Important affaire of Setling the Boundaries of the Province,
& not giving time & oppertunity to the Gen11 Assm to Consider of
and prepare an Appeal from the Judgment and Determination of the
Commissrs We humbly Apprehend to be a Great grievance, and most
humbly Intreat Your Majtie in Councill will gratiously be pleased So
to Order as that the Judgment and Determination of the Comissrs
may not be wholly Approved of By your Majtie Nor the Govornours
conduct in this affaire be detrimentall to your Majties Most duty full
and most Loyall Province of N Hampr 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
Majties 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
\Order on N. H. Petition against Gov. Belcher, 1737/8.]
[Mss. Prov. Boundaries, p. 105.]
At the Council Chamber Whitehall the 7th Day of February
1737-
By the Right Honourable the Lords of the Committee of Council
for hearing Complaints from the Plantations. —
Whereas by Order in Council of the 6th 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 Esq1" 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 Esqr His Majesty's Govr 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 Govr of the Province of New-Hamp-
shr in New England — ■
Most humbly sheweth —
That your Memorialist is informed, that the Lords Commissrs for
Trade and Plantations have recommended Mr 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 Govr 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 Com-
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 your 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 PAPERS. 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 Govr & 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 Govrs
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 Govrtime to urge his
Reasons against the said Mr 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 Govr 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 &ca
Middle-Temple Jona Belcher
Februa 9th 1737. —
[Petition from Boimdary Line Commissioners, 1737/8.]
[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 PROVINCE 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 Council and 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 Ist 1737/8 Eras Jas Phillips
I
Otho Hamilton
A true Copy Examd f) Simon Frost Depy Secr
[Agent Partridge to Secretary Wiliard, 1738.]
[Mass. Archives, Vol. 52, p. 475.]
Secretary Wiliard
I duely rec'd thy letter notifying my being appointed to the
Agency of the Massachusets Bay in conjunction with Col0 Ouincy &
Francis Wilks Esqr for pursuing the Appeal from the Judgment of
the Commissrs respecting the contested Boundaries between that
Province & New Hampshire. — Since which I have thy favour of ye
17 Decr 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 gratefull 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 Col0 Quincy 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 Services of
The Assemblys and Thy assured Friend
London 4th m° (or June) 15, 1738 Richd Partridge
[Samuel Holden to Secretary Willard, 1738.]
[Mass. Archives, Vol. 52, p. 476. J
London ye 17th June 1738
Mr Secretary
Sir. I have ye honour of your Letter of ye 28th Decern1" relating to
ye Affair of ye Boundarys between your province & New Hampshire ;
wherein as occasion offers, I shall gladly render you ye best services
I am able.
As this is an Affair of Right, & not of ffavour, I am so fully per-
swaded of ye honour & Justice of ye Lords of his Majes* privy Coun-
sill that I think you need not be under ye least apprehension, but
that their determination will be according to ye strictest rules of Jus-
tice, as it appears to them.
But in case ye Gentl'm on ye other side should attempt to injure
you by any fake representations; I have assured Mr Wilks that upon
notice thereof, I will endeavour to remove the prejudices that may
arrise from them, with such of ye Lords of ye Council with whom I
have ye honour to be accquainted.
I truly condole with you ye loss sustained by ye death of the Hon-
orab' Judge Quincy, & my own that I had not ye knowledge of, & a
more intimate acquaintance 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 Obedt Serv1
Samuel Holden
43^ PROVINCE OF NEW HAMPSHIRE.
^Massachusetts Agents to Secretary Willard, 1738.]
[Mass. Archives, Vol. 52, p. 478.]
London 6th July 1738.
Mr 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* Honble
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 ye 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 Coll0 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
wth 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
Richd Partridge
The Papers Wanting which are Mention'd in a List of Papers pre-
pared for the Agent in New England Viz1
N° 10. Mitchells plan
11. Sr Ferdinando Gorges patent the Original
13. King Charles the 2rds Letter 1683. Authenticated
14. Ferd. Gorge Esqr Deed to Ll Govr Usher Authenticated
15. U Gov1" Usher Deed to the Govr & Compaof Massachusets
Authenticated.
BOUNDARY LINE PAPERS. 437
\_Reply to the foregoing Letter, 1738.]
[Mass. Archives, Vol. 53, p. 11.]
Boston Septr 1 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 Col1 Quincey'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
mr 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 mr 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 mr 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
Honrably of Persons of their Character, & should be glad you could
find a convenient opportunity to expose m1' Thomlinson's folly &
vanity in this matter
[Fragment in Defense of the Council, 1738.]
[Mss. Prov. Boundaries, p. 152.]
24 That in ye Course of ye Comrs preceedings they required a
draft &ca that in The Course of the Gen1 Courts proceedings they
43^ PROVINCE OF NEW HAMPSHIRE.
were often adjourned from Saturday to tuesday, as most agreeable to
the Majr 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 Augst & not ye 20th as is Said and it is a vile false-
hood that there was Such a Sudden adjournm1 by a Message sent to
the Secry as if the Govr was not present, who was then Actually pres-
ent In Coun1 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 Gen1
Assemy, argued & replyd without any advice from the Council, spent
the public mony and Asked for more wth out any Account of what
was Expended save that one of 'Em swore he would pay what re-
mained due
25 The Massa Agents objected that the Appeal was not ye Act of
the Legislature & well they might since ye provision in the Com11
was that Either province might appeal &ca, and the Council had re-
solved not to joyn
26 The House of Representatives desire the Council to Act on
what was sent up ye 20, in paragraph 24 yy Say
[Endorsed] Rough Answer To Tomlinsons Complaint Sent the
Govr Sep1 15 — 1738
[Agent Wilks to Secretary Willard, 1738.]
[Mass. Archives, Vol. 53, p. io.]
London ye 18th Septr 1738
Mr Secretary,/
Sir./ I am favour'd with yours of ye 17th of June Inclosing sundry
Acts which I have deliver'd at the Councill Office for Confirmation,
have also Yours by the hands of Mr Jn° Tufton Mason, The Affair of
the Line being the Chief of what is now depending my thoughts are
tunvd 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, Mr 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 Mr 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
Fra Wilks
{Francis Wilks to Secretary Willard, 1738.]
[Mss. Prov. Boundaries, p. 151.]
London 14th Octr 1738. —
Mr 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
44° PROVINCE OF NEW HAMPSHIRE.
[Francis Wilks to Speaker of Massachusetts House, 1738.]
[Mass. Archives, Vol. 53, p. 18.]
Mr Speaker
Sr This Serves only to Inclose you Copy of a Petition sign'd by
Mr Partridge & Myself to his Majesty in Councill relateing to the
affaire of the bounds wth New Hampshire I hope the Matter will
soon Come to a hearing being fully Prepared I am wth great Re-
spect Sr
Yr Most Obed Serv1
Lond" Oct" 17. 1738 Fra Wilks
[Petition of Massachusetts 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
9th 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 Ist 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 Sum oils 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
first 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 Exception 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 PROVINCE 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 23d of May 1696 : Wm 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 Entree! 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 2d 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
Viz1
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 4th 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 Merrymack 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 riming 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 120 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 14th 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 14th 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
14th 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 13th day of October
the clay 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 sd 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 17th of the Said October in the Afternoon And the
new Hampshire Committee not being returned on the 17th from the
General Court the Commissioners Adjourned to the next day the
18th of October
That on the 18th 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 18th 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 19th October Appeared and for and on behalf of the Province of
the Massachusets 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.
Ist — 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
44-6 PROVINCE OF NEW HAMPSHIRE.
2dly — For 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 —
3 d1? -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 present 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 Petrs 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 Council]
That the Said Petr 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 Esqr 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 Settleing the Just Bounds
of the Massachusetts Province and for the relief of your Subjects in
new Hampshire in all respects
That your Petrs 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 Petr 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 Petrs 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 Petrs 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
Altogether 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
44-8 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 Wilks
Richd Partridge
[Agents Wilks and 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 ye 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 Govr 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 & Fortune lying principally in that Pro-
BOUNDARY LINE PAPERS. 449
vince, and indeed the greatest part of what they urged was in
traducing the Governor's Managem1 & Partiality in the Course of
proceedings during the Session of the Commissioners
Our Council doubtless wou'd have taken off the Edge of those In-
vectives had they been permitted to make their Reply which was
their Right altho' they did not think proper to enter into a long De-
tail of it, in as much as their was a particular Complaint from a Com-
mittee of the Assembly of New Hampshire against him subsisting,
& to which the Govrs Answer was come over, & therefore insisted it
was most proper that Matter should be sever'd & Consider'd by their
Lordships at a proper Season by itself & so were of Opinion it was
best to wave giving full Answers to the particular Charges against
him as not properly appertaining to ye Appeal ; But when the Coun-
cil for New Hampshire were abot to produce their Testimonys to
support their Allegations (& before our Council had opportunity to
make their reply) their Lordships interfered & put a stop to further
proceedings, in as much as those matters relating to the Governor
had not yet come before them to be judiciary considd upon the whole
they seem'd to be of Opinion for admitting the New Hampshire Ap-
peal to stand but hinted that it might be proper to postpone the
hearing of it till after the New Hampshre Complaints against the
Governor were heard. And accordingly adjudg'd that our said Peti-
tion should be dismiss'd without prejudicing us as to any Opposition
we might make to the New Hampshire Appeal when the merits
came to be enter'd into & considered by their Lordships, We cannot
but think our Selves something unfortunate in the fate of this Peti-
tion because both our Council tho* the Case very clear & that we
could not fail of the Dismission of their Appeal.
There's no Day appointed yet for hearg & considering the Judg-
ment of the Commrs but we expect that will be in a little time when
we shall exert our Selves & do our best Endeavours for the Service
of the Province, we are concern'd for, all which we desire may be
communicated to the General Court from,
Their faithful! friends
London Novemr 3d 1738 Fra. Wilks
Richd Partridge
45° PROVINCE OF NEW HAMPSHIRE.
\_Ncw Hampshire to Have Access to Massachusetts Records, 1738.]
[Mass. Archives, Vol. 53, p. 30.]
At the Council Chamber Whitehall the 9th Day of December
1738.
By The Right Honourable The Lords of the Committee of Coun-
cil for Plantation Affairs.
Upon a Motion this Day made to their Lordships by the Solicitor
for the Petition of Complaint of the Representatives of the Provinces
of New Hampshire against Jonathan Belcher Esqr Governor of that
Province ; praying to be allow'd Copys of several Proceedings of the
Governor Council & Assembly of the said Province, relating to the
said Complaint and to have the same authenticated under the Seal
of the said Province upon paying the usual Fees for the same : — It
is order'd by Their Lordships that the said Representatives of the
Province of New Hampshire or their Agent be Permitted to search
& take Copys of such Minutes and Proceedings of the Governor and
Council, Minutes & Proceedings of the Council, Minutes & Proceed-
ings of the Council in Assembly, & Minutes & Proceedings of the
Assembly of that Province, as they shall think necessary to support
their said Complaint, and that the same shall be Authenticated by
the Governor or Commander in Chief in the said Province for the
time being under the Seal of that Province upon paying the usual
Fees for the same —
Whereof the Governor or Commander in Chief of the said Prov-
ince for the time being and all others whom it may Concern are to
take Notice & Govern themselves accordingly —
[Letter to Samuel Holdcn of London, Dec. 22, 1738.]
[Mass. Archives, Vol. 6, p. 32.]
Boston, Dec1" 22d 1738
Honourable Sir
We gratefully acknowledge your favour of the 17th of June. It
would have been very pleasing if you could have been perswaded to
appear in the agency for us, but find you could not, we are very
much obliged for your kind & Generous disposition to Serve us more
privately.
BOUNDARY LINE PAPERS. 45 1
In the Controversy of the line between us & New Hampshire,
there is so much artifice used on the other side, that there is great
danger of Our Suffering by their misrepresentations. Our difficulty
is not the least doubt of the Reasonableness or Equity of Our cause
nor of the Justice of the Privy Council, but that it will be referred
over by the Privy-Council to others, as ordinary business & Cases
are, and that the Phrases mightily in fashion on the other side, of the
Overgrown Province of the Massachusetts, the Poor, little, Loyal
Province of New Hampshire, will be apt to work on the Compassions
of some, & make them think that New Hampshire need much & we
deserve Nothing.
There is another consideration also, of great Service to New
Hampshire, & this is, that all their Pretence is, from a few words in
the Charter, and all the colour there is in their favour, obvious to the
most cursory view whereas our Cause appears clearest & best on a
full understanding of & Strict enquiry into it, And then it appears
evident, even to Demonstration, and what New Hampshire build on,
will appear to have not so much as any colour in their favour, And it
was very observable in the Course of the argument, while this cause
was under consideration here that the further it was inquired into, &
the longer it was under deliberation, the more Just & clear did our
cause appear, & that of New Hampshire the worse, nor have they any
expectations of success, but from their management & artifice, and a
fancy that they are great favourites.
We Should Esteem it a mighty advantage, & that It would greatly
tend to a full understanding of the Cause if it might not be referred
to any other Board or Boards, but might be argued fully & first, as
well as finally, before his Majesty & the Privy Council, It is a cause
of great consequence, almost one half of this Province, in the defence
& Settlement of which we have Spent a great deal of blood & treas-
ure, and which we were going on very fast yet farther to Settle, and
had agreed on a fort for the Protection of the inhabitants, which had
doubtless before this time been built, but that this Controversy has
dampt & discouraged People from Settling, and should New Hamp-
shire obtain, as it will bring all manner of confusion on this Province,
& expose them to inextricable Difficulties About their old grants, so
it will be a vast Mischief to New Hampshire itself, for they are
able neither to Settle nor defend it & without a fort to defend them,
People will not Settle whereas New Hampshire without cost would
be covered & defended by the People & fort the Massachusets would
Settle & build, and the Massachusetts would account it not so much
of a burthen they having been always used to be at great charge in
defending that Province, for their Cost would be less than it hereto-
452 PROVINCE OF NEW HAMPSHIRE.
fore was Inasmuch as these Settlements would contract the frontier
of the Massachusetts & New Hampshire from about one Hundred &
fifty miles, to little more than forty.
We are very loth to be troublesome, but we must desire leave to
put a State or brief of this Case with some arguments in support of
our Cause into your hands, which are herewith transmitted you, If
your great affairs can permit you to look over it, we doubt not you
will see that Justice is plainly with us, & if we suffer, it must be, by
reason our cause is not understood.
We are with great respect, Sir,
your most assured friends & Humble Servants
In the Name & by order of the Great & General Court
[Secretary Willard to MassacJiusetts Agents, 1738.]
[Mass. Archives, Vol. 53, p. 21.]
Gentlemen I have herewith inclosed an Answer from the Gen-
eral Court to Mr Tomlinsons Mem° on the Affair of the Line, Wch it
is expected you Should make use of to prevent any prejudices that
may arise from it to the Govern1" or the Province —
I Suppose it will be necessary that you Should annex to this
Answer a Copy of the Mem0 as you will See by the first Paragraph :
If there be any thing Defective in Form it is because of the Hast
that is used to Save this Conveyance. I am Gent.
Yor most obed* humble Serv1
Boston Decr 23, 1738. J Willard
Messrs Wilks & Partridge Agents &c
[Report of MassacJiusetts Committee on Petition of John TJiomlinson,
1738.]
[Mass. Archives, Vol. 6, pp. 33-38.]
The Committee appointed to consider of Mr Thomlinson's Petition
to his Majesty, & make such observations thereon, as might set the
subject matter thereof in a fair & Just light, have carefully lookt into
BOUNDARY LINE PAPERS. 453
the same which is in the following words viz* — here insert Mr Thom^
linsons Petition, whereupon they observe I — That the title or name,
Mr Thomlinson gives his Petition, Vi* — a Petition of Appeal is very
wrong, being expressly against the directions of his Majesties Com-
mission, under the great Seal for by the Commission, there can be
no appeal from the Judgment of the Court constituted thereby, but
what is enter'd in the Said Court, and at their meeting for that pur-
pose within three months at farthest after the Judgment, which was
past many months before this Petition wch he calls an appeal, if
therefore it deserves any good name, it must be called a Petition of
Doleance but an appeal it cannot be from this Judgment.
ii The Acco* mr Thomlinson begins with of the Extent of the
Province of New Hampshire, is altogether New & Groundless & con-
trary to the bounds given in the first formation of that Province into
a Governmt which was by the Commission to President Cutt Anno,
1679 from his late Majesty King Charles 2d, soon after his Majesties
Judgment which was an. 1677 for determining the bounds of N.
Hampshire, after Several solemn hearings between the Massachu-
setts' Bay & mr Mason who in Sd Judgment was declared Proprietor
thereof in consequence of a former grant to Cap1 John Mason his
Grandfather ; The Commission to mr Cutt is evidently drawn agree-
ably to this Judgment, & in the words as to the bounds, & therefore
only that Part of New Hampshire which was from three mile to the
Northward of merrimack is erected into a Governm*, the three mile
adjoyning to Merrimack on the. Northerly side, having been deter-
mined, in the aforesd Judgment to be given by a Prior Grant to the
Massachusetts, & therefore could not be comprehended in this
New Erected Government of New Hampshire, & thus were all the
Commissions to the succeeding Governours, for fifty years together,
down to 1730, when the Bounds of N. Hampshire might be Justly
Judged to be well known by a Constant particular description for so
long a time, & then New Hampshire is mentioned in the Commission
to his Excellency the Present Govern1* without describing the bounds,
the Extent & meaning of ye words or Name New Hampshire having
been solemnly determined above fifty years before, & used in that sense
& that only down to this time, nor is there the lest intimation given in
this last commission that it comprehended more than formerly, &
therefore can never be so understood, for Common sense and Con-
stant usage require, that words shall be understood according to
Custom, unless there be some signification that they are at that time
used in a sense different from what they commonly were before &
especially if they never were used or taken in that new sense before ;
Now we know from the Grant of N. Hampshire, that the Name was
454 PROVINCE OF NEW HAMPSHIRE.
given by the Council of Plimouth at Capt John Masons desire, to a
Tract of Land between Merrimack on the south & Piscataqua Har-
bour & Newichwannock on the North, & from the Atlantic on the
East sixty miles into the Wilderness, nor has there Ever been one
word said by his Majesty or any authorised by him to Enlarge or Ex-
tend this Province, and therefore this Spacious acco* must arise from
Mr Thomlinsons gross ignorance in the affairs of New Hampshire or
something else much Worse.
in. As to the Insinuations concerning his Excellency the Gov-
ernours conduct in the Controversy of the line between the two
Provinces, they are very Injurious & unreasonable It is very well
known & may be seen by the Public Records of both Governmts, that
his Excellency earnestly pressed the Issuing that controversy accord-
ing to his Majesty's instruction, which he Reced with his commission,
and the Govr was so far from partiality in favour of the Massachu-
setts that he was tho't by some, too Severe in charging the Miscar-
riage of that affair on the Massachusetts ; And those who have
transacted in this matter for New Hampshire have made use of his
Excellency's accof which he gave to the Right Honourable the Lords
of Trade & Plantations, in favour of that Province & against the
Massachusetts.
iv. The Committee have nothing to Say as to mr Thomlinsons
Recitation of the Clauses in the Commission, but his representation
of the Conduct of New Hampshire, where the Commission arrived,
is very unjust, for instead of giving timely Notice to the Commis-
sioners as this Petition asserts, altho speedy Notice was given to
some yet the Notifications to Others were not sent forward, till more
than a month after the Arrival of the Commission, by means where-
of one Half of the Commissioners, viz1 Those of New York & the
Jerseys had not notice of the Commissions arrival soon Enough to be
able by any possibility to be at Hampton by the time, & some of
them not till after the time was over, nor had any one from those
Governmts attended at all, had not the Massachusetts as soon as they
could, after they knew of the Arrival of the Commission, (which was
only transiently & by Accident, for it was not sent to them but to
New Hampshire) perceiving the Neglect of that Province, sent four
of their members, two Several ways to inform them.
v. As to what is Said of the Opposition made by the Massachu-
setts to the Execution of his Majesties commission, what has been
Just said of the great care & Expence they took & were at, that the
Commissioners might attend abundantly shews the falsity of it, as to
the Prorogation of the assemblies of Each Province, they were made
as to both Courts, before the arrival of the Commission to us, and as
BOUNDARY LINE PAPERS. 455
there was a Clause in the directions for making out the Commission,
that there should be, beside what were particularly mentioned, such
other Clauses, as a Commission of that Nature required, one of which
clauses, by the prevailing opinion, was supposed likely to be, that if
the Commissioners could not meet on the first day of August, some
further day should be Pitcht upon, & such a provision in Effect there
was in the Commission, for the Commission directed, that if a Quo-
rum did not meet on the first day of August one or those who did
meet might adjourn the meeting to some other day, which shews that
the first meeting of the Court was not confined to the first day of
August, but to any time when a Quorum could meet which first
meeting was to continue & comprehend all the daily meetings they
should have till the Court made up Judgment, & adjourned to their
Second meeting to receive the Exceptions or appeal of either party,
nor was New Hampshire under any difficulties, in their appearance
before the Commissioners, they having a Committee of both Houses,
appointed by Governour, Council & Representatives at the session of
their General Court in April before, to prepare & put in pleas, alle-
gations & Evidences & might have had ye five persons directed to in
the Commission, appointed by the whole Court in good season agree-
able to his Excellencys Motion in his speech to their Court, Had not
this Committee, contrary to the Express words of the Commission,
Nominated them & insisted, as they always publickly did, that they
had full power so to do, whereas the assembly of the Massachusetts,
had no Committee appointed to act for them, till the 4th of August,
their Court being Prorogued to that time, after they had sat the
usual time, before they knew that the Commission was made out,
and therefore the Massachusetts have much more occasion for Com-
plaint than New Hampshire, as being under great difficulties & New
Hampshire under none, their complaint therefore of Partiality in his
Excellency the Govr in favour of the Massachusetts & to their Preju-
dice, is without so much as a Colour & if there be room for any com-
plaint, it is on the Massachusetts side, that their Court was adjourned
beyond the first of August when not so much as a Single person was
appointed by them to make a plea or procure an evidence
What follows now in this Petition, of Mr Thomlinson's concerning
the appointment of Agents putting in their Claim & Protesting, is so
Notoriously false, that it is not Easy to determine, whether it pro-
ceeds from Malignity or Ignorance, Probably from Both, for
1. No such committee as formerly corresponded with mr Thomlin-
son did any thing at all in this affair, the Committee who acted, was
appointed by the Govern1" Council & Representatives in the session of
New Hampshire General Court in April before, & instead of being a
456 PROVTNXE OF NEW HAMPSHIRE.
Committee of the House of Representatives, was a Comittee of mem-
bers of Both Houses, appointed by all parts of the Legislature in the
next preceeding april & never before.
2. Neither this Committee, nor any other ever appointed Mess™
Waldron & Russell agents for the Province.
3. The Said Two Persons, never put in any Claim nor acted as
agents, nor were they ever desired or appointed so to do.
4. Nor did those two persons ever Insist or Protest or so much as
appear to say one word before the Commissioners nor did any former
Committee of the House of Representatives, but all that was done as
to putting in the Claim or otherwise was by a Committee appointed
in April by Govern1" Council & Representatives so that this whole
acco* is a Chain of blundering if not malicious falshoods, as will ap-
pear by their own papers in the Case sent home by the Commission-
ers, Nor did New Hampshire Committee ever complain of their want
of power, or anything further from the Assembly but always insisted
they had full authority from their appointment in April by all parts
of the legislature of their Province & this they gave as the reason of
their refusal to have two public persons appointed by the Court in
August, because they hacl done it with full power before.
7. As to the Acco1 he gives of the Opinion of the Council that the
water from Winnepesaukee Pond or lake to the Ocean was called
Merrimack, it is very likely to be so, for so it has always been called
from time immemorial, so the Records of New Hampshire anciently
call it, nor was that Stream ever known or called by any other Gen-
eral name, but all this account seems very impertinent, for the
Agents of both Provinces agreed on a plan of this River before the
Commissioners & put it into the Case & it is sent home with it, by
the Commissioners accordingly.
8. The long detail of the Proceedings of the assembly of New
Hampshire, amounts only to this, that the House desired to appeal
& the Council desired not to appeal but to leave it to his Majes-
ties determination, & if that was their Judgm* (as knowing the deter-
mination to be greatly in their favour & more than had been Ex-
pected) where is the blame must they not think for themselves as
well as the house & if this was their opinion would it not have been
madness to have raised money for appealing, when they did not
incline to appeal or to appoint an agent to prosecute an appeal when
they would have none, but we cannot but take notice, on this occa-
sion, of the Councills Justice in desiring to raise money to defray the
Charge of the Court, that sat by his Majtys Commission & of the
Strange temper of the House in refusing it, by which means the
Commissioners are not paid by N. Hampshire to this day, & if there
BOUNDARY LINE PAPERS. 45/
had been no other reason, this had been sufficient for the Council to
have refused to engage in further Charge, when the House would
Not defrey the charge they had been at already
9. As to the Illnatured objection about the influence the Govr had
over the Council of New Hampshire because a majority were ap-
pointed by his recommendation, The falsity of it will appear by the
New Hampshire records of the time of the admission of he Counci-
lors there ; for four of the Nine were Councellors before his Excelly
was Gov1" & one of the other is well known to have been appointed
without the Govrs Recommendation, & to have been far from being
in his interest
10 And of the same nature is the Insinuation of the Hire the
massachusetts gave his Excellency for favouring them in this Con-
troversy, if this had been the only or first time they had made him
such a consideration, there would have been more colour for it, but
the Massachusetts have done this once & again before in the same
way and his Excellencys Conduct ever since he has been Governo1" is
a much stronger vindication of his freedom from deserving any such
vile imputation than any thing we can say
In Council Decr 23, 1738 ordered that this report be Read & ac-
cepted
Sent down for Concurrence J Willard Sec'ry
In the House of Repves Decr 23, 1738
Read & Concurd J Ouincy Spkr
[Gov. Belchers Message to Council and House, 1738/9.]
[Mass. Archives, Vol. 108, p. 137.]
Gentlemen of the Council, and of the House of Representatives
The Bill you have past for emitting Sixty Thousand Pounds in
Bills of Credit (you are sensible) I cannot consent to, consistent with
His Majesty's Royal Instruction to me on that head.
By my latest Letters from London I find the affair of the Boun-
daries between this Province, & that of New Hampshire, had not
come to a Hearing before his Majesty in Council ; as the Peace,
Safety, & Welfare of both Provinces are greatly concern'd in this
matter, I think myself bound in Duty to His Majesty, & from a just
Regard to his People, to recommend to your Consideration, whether
any further Steps can be taken by this Court, for the better expedit-
ing what is of so much Consequence, & has been so Jong depending.
Janua 12th 1738/9. J Belcher
In the House of Reptives Jan1^ 12th 1738 Read
458 PROVINCE OF NEW HAMPSHIRE.
[Massachusetts House to Agents, 1738/9.]
[Mass. Archives, Vol. 53, p. 26.]
Boston January 25 1738.
Gentlemen Your Memorial inclosed by Mr. Wilks in his Letter
of October 17th. has been duly receiv'd. We are glad You have put
forward the affair of the line — It is of great importance, and we ex-
pect you should take the Greatest care that it may be speedily and
favourably Issued.
There is One Consideration which makes it of great Consequence
to this Province that the Controversy should be determined according
to Our Claim as to the line between the late Colony of the Massa-
chusetts and New Hampshire, which We have not so much Insisted
on as yet, because it is not so much to the merits of the Cause as
the inconveniences and mischiefs arising from a Determination
against Us, What We intend is the confusion and disturbance it will
make in Twenty or Thirty Towns besides Numberless particular
Grants, if the line should Intersect Merrimack Forty mile Southward
of what formerly was allowed to belong to the late Colony of the
Massachusetts. Indeed it is so apparent that the late Colony of the
Massachusetts is included in the Present Charter, and New Hamp-
shire State of their demands does so fully acknowledge it, And other
Arguments are so strong to evince the Justice of Our Claim, that We
have been ready to think it, impossible the line should be determined
otherwise, and so we think now, if the Affair be set in a clear light
before His Majesty, but that every One Concerned May be induced
to get a full understanding of the Matter and see that it is of great
importance, these settlements and plantations must be mentioned,
and the great Mischiefs arising from Cutting them to peices and dis-
couraging the People from Settling, Whom New Hampshire cannot
protect nor furnish with settlers, if those going on should desist, as
We believe they mainly will, if New Hampshire Claim should obtain.
We think it will be very proper for you to wait on the Honourable
Mr. Holden, who has been so kind as to signify his good dispositions
towards us in the Affair of the line : He may be able and will be dis-
posed to remove any ill impressions made by the Artful Insinuations
of Our Antagonists.
That Clause in Our Letter of December 23. About Annexing to
Our Answer a Copy of the Memorial, was casually Enter'd by meer
Mistake, and you are to take no notice of it.
In Council; Jan>' 25. 1738 ; Read & Accepted
Sent down for Concurrence J Willard Sec'ry
In the House of Reptivcs Janr 25th 1738
Kc:\d and Concurred J Ouincy Spkr
BOUNDARY LINE PAPERS. 459
[Agents Wilks and Partridge to Secretary Willard, 1738/9.]
[Mass. Archives, Vol. 53, p. 28.]
London Februy ye 9th 1738.
Secretary Willard./
Since our last which was of the 3d Novemr ^ Capn Orrok a Mo-
tion has been made on the 9th December last by the New Hampshire
Sollicitor before the Lords of the Committee for time to send over to
New Hampshire for Authentic proofs to Support the Allegations in
their Complaint against Govern1" Belcher, which we were Advised
not to Oppose Whereupon the Lords granted the request and made
an Order accordingly, a Copy whereof comes here Inclosed.
At a Hearing before their Lordships when We made some Objec-
tions as to the regularity of Tomlinsons Petition of Appeale as he
called it (which was over rul'd) It then seemed to be their Opinion
that the said Complaint against the Governour as it related to his
Conduct in the Affair of the Line, it should come on first to be Con-
sider'd, And probably the Grand Affair may be Postponed till after
that Matter be determined, We shall endeavor to prevent it being
fully prepared, & think no danger of a Miscarriage in what we Claim
As to the Business of John Tufton Mason We got his Case Stated,
& laid before the Kings Solicitor General our Counsel, to be by him
maturely considered, after what manner & how his Case might be set
on foot and introduc'd so as to be of Service to our Cause, who
upon the whole affair would by no means Advise to our Exhibiting
any Petition or Memorial at all, in any thing relating to him, for that
the Lords would certainly look upon it, in no other light than as
an Artifice, trumpt up to puzzle & perplex the great Cause ; And
therefore as it was uncertain how long it would be before we should
be able to bring things to an Issue we judg'd it unnecessary to keep
him here at a certain Expence to the Province but that it would
be most for their Interest to dismiss him that he might return as
soon as conveniently he could to New England which Accordingly
we have done, after taking his receipt for what money We Supply'd
him with, which Amounts to £92 :g : —
We have receiv'd Yours by Cap" Newell & Capn Morris with the
former sundry Papers relateing to the Line, and with the latter the
Answer from the Generall Court to Cap11 Tomlinsons Memoriall all
which as Occasion offers We shall make the proper use of, And are
with great Respect to the Generall Court
Their faithfull Friends
Fra Wilks
Richd Partridge
460 PROVINCE OF NEW HAMPSHIRE.
[Agents Wilks and Partridge to Secretary Wi//ard, 1738/9.]
[Mass. Archives, Vol. 53, p. 32.]
London 2d March 1738/9
Secretary Willard./
The foregoing is Duplicate of our last *$ Capn Newell wherein We
advised the Great & General Court of our Apprehensions that the
grand Affair of the Line between the Province of the Massachusets
Bay & New Hampshire would be postponed till after the hearing of
the Complaints against Governour Belcher, And as We have reason
to think that a determination of this Matter is earnestly desired, &
impatiently waited for by many of the Members in ye Generall Court,
We are Concern'd at Meeting with any delay in our proceedings
therein, & tho as we formerly advised you Lord President signified
his Opinion verbally at the Committee of Councill that the matter of
the Complaint should be first Consider'd yet after that we were so
desirous of bringing it on, that we inclined to have their Lordships
Moved for a day to be Appointed for that End ; but it was judg'd
expedient first to advise with our Counsel the Solicitor Generall, And
accordingly got a Case Stated which we send here inclosed with his
Opinion thereupon Whereby it appears that he is absolutely against
our pushing forward that affair at present for Reasons he gives
therein to which we refer, but as soon as ever there shall be a Suita-
ble Opportunity for it, We shall not be wanting in our duty to do
our utmost for the Service of the Province, and have some Ground
to hope for success therein ; We Observe that the Generall Court
has been informed that Capn Thomlinson assumes to himself a great
deal of liberty in giving out that the R* Honble the Lords of Trade
are extreamly engaged in favour of New Hampshire We do not Ap-
prehend that what he may boast of is much to be regarded, for that
the present dispute is now depending before His Majesty and the
Lords of His Privy Council where we may justly Expect an impartial
Determination.
In Order to strengthen our Cause have thought it necessary to get
Doctr Halley the Cheif Mathematician in England to look over our
Charter, and the Book of Proceedings before the Commrs and to give
his Opinion in Writing as to the genuine construction of the Words
North Westward who has done it Accordingly whereof we also here
inclose a Copy. And which we apprehend will be of good Service
to us at the Hearing
With due Respects to the Generall Court We remain
Their Faithfull Freinds
Fra Wilks
Richd Partridge
BOUNDARY LINE PAPERS. 461
{Extract of Letter from Agent Wilks to Secretary Willard, April 6,
J739-]
[Mass. Archives, Vol. 53, p. 38.]
* * * * Mr partridge & I Omit writing you by this Oppertu-
nity, nothing having offered in the Affair of the Line since our last ;
We are uneasy at that matter being so delay'd but there is no rem-
edy, the New Hampshire Solicitor resolving to Oppose any Applica-
tion We can make towards bringing on the grand Hearing, before
their Complaint against Govern1" Belcher be over I am Sr
Yor most Obed* Serv* Fra Wilks
\Letter to Massachusetts Agents, 1739.]
[Mass. Archives, Vol. 53, pp. 39-43.]
Boston, April 26th 1739 —
Gentlemen, Your Letters of February 9th March 2/16 we have
received, and with the last a new and very Extraordinary Petition
from mr Tomlinson to His Majesty, and altho it more expressly
points at his Excellency the Governour, yet we are apprehensive the
false Suggestions in it, if not removed, may have an ill Influence on
the Dispute about the line, for this Reason, as well as that Truth
and Justice may take place as to the Governor, The General Court
have thought it necessary for them to send the several papers records
and Evidences herewith transmitted, under the Seals of the Prov-
inces ; whence they are taken, respectively ; whereby it will appear
in the clearest manner, that the aforementioned petition is a most
gross misrepresentation, for how can the Governour by possibility be
taxed with Negligence as to His Majestys Instruction about setling
the line with New Hampshire, when in his first Speech and in almost
every other Speech as well as many Messages for about two years
together, he was always pressing that affair, and how is it possible
for mr Tomlinson with any colour to Suggest, that the Governour
was so partial to the Massachusets and acted in Concert with them,
when upon the miscarriage of his Endeavours, he wrote to the Lords
Commissioners for Trade and Plantation with so much plainness &
Freedom ; if not Severity, laying the blame of his ill Success in that
affair on the Massachusets, in order to bring about a Setlement by
the more immediate Interposition of His Majesty ; of which the New
hampshire Agent took particular notice and made Special use, in
462 PROVINCE OF NEW HAMPSHIRE.
procuring the present Commission under the Great Seal for Deter-
mining this affair.
And alike groundless is mr Tomlinson's Declaration of the Gov-
ernours Endeavours to prevent the Execution of His Majestys Com-
mission, and especially what he says of the Governours preventing
the Newhampshire Assemblys preparing for the Commissioners,
when they came August Ist 1737; So far from this, that on the
Earliest Notice, that there was a Commission intended to be made
out, and several days before it was really made out and a month or
two before there was any news here of its being made out, the Gov-
ernour gave his consent and Compleated the appointment of a Com-
mittee to represent and act for New Hampshire before the Commis-
sioners in this affair of the line, with power of drawing money out of
the Treasury, as you may see by the act of the whole General Court
of New hampshire of April Ist 1737, which you have herewith under
the Seal of that Province, & by this Authority, and this only they
appeared, nor was there any objection made by the Commissioners
or by the Massachusets to the Commissioners, or by New Hampshire
People of its insufficiency, or any desire of more or other Power ;
whereas the Massachusets had no Committee appointed for, nor a
single Person authorized by their General Court, to appear for them
till the Court sat the 4th of August, three days after the day appointed
for the Commissioners meeting, so that any impartial Person must
think; there is much more colour for Suspecting partiality in the
Governour in favour of New hampshire than the Massachusets, for
he did not adjourn Newhampshire Assembly to the 4th of August,
till they had provided and duly authorized a Committee, but the
Massachusets Assembly were put to the same time without a single
man's being impowered to plead for them ; This will appear from the
appointment of the Massachusets Committee which was August 5th
1737, which we have sent you also Authenticated, and being thus
unprovided, the Governour and Council of the Massachusets were
obliged in the recess of the Court to send two Gentlemen to the
Commissioners to excuse their not appearing there by a Committee
of the whole Court, and to pray an adjournment, that the Massachu-
sets General Court might have opportunity to appoint such a Com-
mittee, upon which the Commissioners did adjourn for that purpose
tho prevailed upon with great difficulty, and the Court appointed a
Committee or Agents accordingly.
As to what mr Tomlinson says of our rising or growing in our De-
mands upon his Excellencys being appointed Governour, it is without
any shadow of Truth, for the Massachusets have often, and many
now think they justly may, and ought to claim much more, but never
BOUNDARY LINE PAPERS. 463
did in one single instance demand or claim less, either formerly or
lately, and we Challenge mr Tomlinson and all the world to shew any
thing contrary to what we now say, so very false is this Representa-
tion that just the reverse is the truth, for heretofore the Province of
New Hampshire would gladly have submitted to what we now de-
mand, and did not formerly pretend to any thing more, but the Mas-
sachusets till the Setlement of King Charles 2d 1677 claimed all New
hampshire and many miles to the northward, and since that Setle-
ment down to Governour Belchers arrival they claimed the line we
now insist on, and the Towns adjoyning to this line where they went
beyond into New hampshire, for which we were willing New hamp-
shire should have Equivalents.
There is a very indecent as well as unjust reflection on his Excel-
lency the Governour as well as the General Assembly, that the
Governour acted with the greatest partiality toward the Massachu-
sets and that they gave him a thousand pounds as a reward or bribe
for it, This is so groundless, that it is surprizing mr Tomlinson could
have assurance enough to hint at any such thing, we are not designed
to be the Governour's Compurgators (he is very well able to vindicate
himself) further than the Controversy of the line requires it ; The
true State of the matter of the thousand pounds given the Governour
is this, there never hath been any Extraordinary Service which the
Governour hath been called to in discharge of his Trust as Govern-
our, as going eastward & westward to view the Frontiers some years
since &c, but that the General Court have given him something to
defray the Extraordinary Expence, and while the Governour was chal-
lenging a large sum as his due for the sinking of the bills and was
puting himself to extraordinary Charge in Journeying and while
absent from his Family to attend the Courts of the two Provinces in
this affair, and when they Encreased their own pay for their Extraor-
dinary trouble above one third they might well make the Governour
a Grant in consideration of his great and extraordinary Charge as
well as of the dearness of provisions and other necessarys of Life at
that time, which is agreeable to the tenor and purport of the said
Grant.
As to the heavy Complaint mr Tomlinson makes of the Governours
Dissolving of the New Hampshire Court, It is difficult to find out
why the People should not have the same liberty of electing a new
assembly as has been usual. Had not this assembly sat the usual
time or had there been any other effect of this dissolution than what
is common something might with some colour be said —
As to the Suggestion that the Assemblys Agent could not act by
reason of this dissolution there can be nothing in it, Inasmuch as mr
464 PROVINCE OF NEW HAMPSHIRE.
Rindge their Agent and mr Tomlinson Deputed by him, acted for a
long time notwithstanding sundry dissolutions, and were accepted at
Home accordingly.
The Suggestion that the House had no opportunity to obtain the
Councils Concurrence with them in appealing, must appear very
groundless, if it be considered, that the Court of Commissioners ad-
journed for several days for that very purpose, and desired the New
Hampshire Committee to move their House to send up their vote for
appealing, to the Council for their Concurrence, and which it appears
they had opportunity to do, altho they did not, for in this very time
they sent up a vote for raising money for their Agents, tho they
never sent up this vote for appealing. —
April* 26, 1739 Lr to Mr Wilks Copy
\William Dudley to Richard Waldron, 1739.]
[Mss. Prov. Boundaries, pp. 29-32.]
Sir, As Mr. Thomlinson to Support his Complaint against His
Excellency hath Obtained an Order from the Lords of the Commit-
tee of Council for Plantation affairs, for Copys of such Minutes and
Proceedings of the Governour Council and Representatives of Your
Province joyntly and Severally as he shall Choose to be Authenti-
cated by the Governour or Commander in Chief in the said Province
under the Seal of the Province : We have thought it necessary to
furnish Our Agents with the like Authenticated Copys for their In-
struction, that they may be no ways Surprised.
We Pray You therefore, as the Agents for Your Province shall
Apply for these Copys to be Authenticated, to make out Duplicates
of the same Copys Authenticated, and transmit them to Us for that
purpose
And if they shall pick out any particular Minutes that may by
themselves be perverted to put false glosses upon the Case, but by
annexing any Other Minutes or proceedings relating to the same
purpose the Matter may be set in its true light, We pray You to
Annex those Others to Our Authenticated Copys, more fully to dis-
cover their Art.
We also Desire Authenticated Copys of the Governours Motion to
Your Assembly to Chuse Public Officers, the Assembly's Answer
and the Appointment of New Hampshire Committee to prepare the
State of Their Demands Pleas &c. and of all Votes of the Council
BOUNDARY LINE PAPERS. 465
and Assembly from 13th October to the Adjournment or Prorogation
of the Court respecting their Appeal from the Commissioners Judg-
ment : And of the Commissioners Adjournment from 14, to 17. Oc-
tober to give them Opportunity of Appealing, Or the Affidavit of the
Clerk of such Adjournment for that Intent
And as you are thoroughly acquainted with all the Minutes and
Proceedings of the Governour, Council and Representatives upon the
Affair of the Line from the first Notice of the Commission 'till the
Appeal here was finished, if it would not be too tedious, and might
set the Matter in a full light, and perhaps Shew us such things as
may Serve Us Which We know nothing of, then We pray You to
take out the whole and send it to us Authenticated under Your Prov-
ince Seal as soon as may be, with an Account of the Cost of it, And
We shall chearfully Satisfy Your Cost and Trouble about the same.
To Conclude, We desire Duplicates of the Authenticated Copys
you send us for fear of Accidents, under Cover and direction to the
Secretary of this province
In the Name & by Order of a Committee of the General Court or
Assembly I am sr
Your most Obedient Humble Serv*
Bost0 April 26th 1739 Wm Dudley
The Honble Richd Waldron Esqr
[Committee of Massachusetts to Interview Jo/171 Tufton Mason, 1739.]
[Mass. Archives, Vol. 5, p. 120.]
In Council June 29, 1739
Whereas it is reported that John Tufton Mason who went for
Great Britain the last Fall on the Affair of the Boundaries between
this Province and the Province of New Hampshire on the Charge of
this Province is returned hither, altho he has given no Ace* to this
Government of his Conduct in the Affair above mentioned nor of his
Expence of the Money he has received by the Order of this Court
for defraying his Charges.
Ordered that Wm Dudley, Anth° Stoddard, Tho. Berry & Benja
Lynde Esqrs with such as shall be joined by the Honble House of
Representves be a Committee to enquire of the said Mason of the
Matters aforesd & report thereon. Sent down for Concurrence.
J Willard Sec'ry
466 PROVINCE OF NEW HAMPSHIRE.
In the House of Repves June 29, 1739
Read & Concurd & John Chandler Esqr, Mr Thos Cushing Joseph
Dwight Thomas Greaves & George Bunker Esqrs Are joined in the
affair J Quincy Spkr
Consented to J Belcher
[Agents Wilks and Partridge to Secretary Willard, 1 739 ]
[Mass. Archives, Vol. 53, p. 50.]
London 10th August 1739.
Mr Secretary./
We duly ree'ed Via Bristol the Letters writ us by Ezekiel Lewis
Esqr in the Name And by Order of the Committee of the 24th of
May, & 25th June, togather with the several Papers therein mentioned
properly Authenticated, which will be of good Service to us in En-
abling us to be the better prepar'd Against the Hearing before the
Lords of the Committee, We Suppose the New Hampshire Solicitor
has ree'ed the Papers which they waited for from thence, for three
days ago he gave Notice of his Intention to Move the Lords of the
Committee at their next Sitting that a day may be Appointed for
the Hearing the New Hampshire Complaints against the Governor.
(till which be Over there's no likelihood as we formerly Advis'd That
The Lords wou'd at all Enter upon a Hearing about the Affair of
the Boundaries.) the next Committee is to be Held on the 15th In-
stant and after that, its thought they will break up & retire for about
two Months to their Country Seats, and probably appoint a time for
our Hearing at their return to the City, But let it be when they think
fit, we shall be ready.
And the Court may depend, that nothing shall be wanting on our
part for the Interest and Service of the Province We Represent, who
are with Due Respects to them
Their Faithfull Friends
Fra Wilks
Richd Partridge
BOUNDARY LINE PAPERS. 467
[Agent Partridge to Secretary Willard, 1739.]
[Mass. Archives, Vol. 53, p. 53.]
Secretary Willard
In a Letter writ thee of the 10th Aug1 from Agent Wilks and my
Self, We acknowledg'd the Receipt of the several Authenticated
Papers from the Committee respecting the disputed Boundaries, of
which We shall make all the necessary and proper Use at the Hear-
ing : We can assure the Gen1 Court, That the Delay has not been
owing to any want of Care and Assiduity in Us, but upon Applica-
tion to our Sollicitor to bring on the Appeal, He assur'ed us, That
as a Complaint was depending before the Lords Committee against
the Governour which must in the Issue Affect the New-Hampshire
Appeal in several Points of Form, The Lords would not therefore
by any means be induc'd to hear your Appeal, till that Complaint is
determin'd, so that affecting any Dispatch would have prejudiced
your Cause; but not content with this Answer, We laid a Case be-
fore the King's Sollicitor General for his Opinion who entirely con-
curr'd with our Sollicitor Sharpe, as appears by the Case which you
long since received, and which we hope will be considered as a full
Vindication of oar Measures. The Lords have appointed the first
Committee in November for Hearing the Complaint, and as soon as
that is determin'd, We shall move for a Day for taking the Appeal
into Consideration, and the General Court may be assur'd of our
utmost dispatch and Vigilance for their Interest ; and of their being
advis'd of our Proceedings by every Opportunity
Francis Wilks Esq1' the stated Agent is confin'd by a Disorder
which unqualifys Him at present for Business, and till he recovers I
shall think it my Duty to acquaint the General Court with any Oc-
currences here respecting the Province whose Interests and Welfare
I sincerely Wish, and shall Zealously espouse and Promote upon all
Occasions to the best of my Understanding and Ability. I am
With Respects to the Council and thy self,
Their and thy Hearty & Real Friend.
Lond° Octor Ist 1739. Richd Partridge
468 PROVINCE OF NEW HAMPSHIRE.
[Reappointment of John Thomlinson as N. H. Agent, 1739/40.]
[Mss. Prov. Boundaries, p. 170.]
Province of \
New Hampshire \ In the House of Representatives
Whereas John Thomlinson of London in Great Britain Esqr
Agent for this House, hath with great Prudence Dilligence & Indus-
try pursued the Instructions he hath from time to time received from
former Assemblys in relation to the Setlement of the Boundary
Lines and all other affairs for the well being of this Province,
Whose conduct hath always been to the great acceptance of former
as well as to this House
Wherefore, Voted, That the Hearty thanks of this House in
the Name and behalf of the good People of this Province whome we
Represent, be given to the Said John Thomlinson Esqr, and he is
hereby Earnestly desiered to continue his good Offices in Prosecut-
ing all affaires on behalf of this House that may yet lie before his
Majtie in Council, or may come before his Majestie in Council relat-
ing to this Province, And that he is by this vote fully Authorized &
appointed Agent for this House, and as Such to act & Transact any
Such thing or things as Shall be Transmitted him by the Committee
for the good of this Province, And that Mr Speaker Wiggin John
Rindge Esqrs, Mr Thomas Packer, Mr Samuel Palmer, Mr Samuel
Smith, Cap1 Icabod Roby and Mr George Walton be a Committee
of this House to write to the Said Agent & Send him a Coppy of this
Vote
ffebruary the 5th. 1739/40 James Jeffry Cler Assm
Copy Examined fJ James Jeffry Cler Assm
[Agents Wilks and Partridge to Secretary Willard, 1739/40.]
[Mass. Archives, Vol. 53, p. 60.]
Secretary Willard
Sir./ After our Sollicitor had moved for a Day to be appointed for
Hearing the Affair of the Boundaries with New Hampshire before
the Lords Committee of Council, they appointed the 5th instant for it,
against which our Soil1' was fully prepared by stateing and getting
BOUNDARY LINE PAPERS. 469
Printed our Case at large for the Lords perusal and fully Instructing
our Counsel who were the Sollr General and CounselF Hollings we
having also had a Consultation before hand for their better Informa-
tion wherein our Sollr to do him Justice took as much Pains (accord-
ing to our Observation) as it was possible for Man to do having also
got a Copy of Mitchel's Plan Reduc'd to a suitable size to be deliv-
er'd with the Printed Cases. He also Provided a good Mathemati-
cian to attend the Lords Committee. A Copy of the Instructions he
gave the Counsel together with one of our Cases and one of theirs
with his Observations thereon wrote in the Margent together with
the Plans on both sides, are herewith sent, and from all which You
will see and we hope be fully satisfied of the Pains our Sollicitor took
herein. The Hearing lasted several Hours the first time, when it
being late before they had gone through the Pleadings they Ad-
journed to the 11th wherein our Counsel took a deal of Pains and
urged Matters in Question learnedly and very amply in all respects
setting forth the Nature of the Massachusetts' Charters, their Pos-
session, and particularly insisted on the Settlement made by the
Lords of the Council in 1677. The first Constitution of the Govern-
ment of New Hampshire to President Cutts, an Authentick Copy
whereof our Sollr got from the Rolls, The Plan taken from New
Hampshire Records and all the New Hampshire Commissions from
President Cutts to Governr Belcher, all which we prevailed to have
read and the same were read accordingly. — We also produced the
Evidences as to the Extent of the Calling the River Merrimack by
that name up to Winnipisiokee Pond. We also Examined our Math-
ematician who fully proved by a Map of Sir Jonas Moore's in his 2d
Volume printed after his death, and so long ago as the Year 1681,
that this River was describ'd there in the same manner as it appears
on Mitchell's Plan, and was called Merrimack from the Sea to Win-
nipisiokee Pond. — But all was Labour in vain, For the Lords wou'd
have little regard to what was Urged Treating it all as immaterial
unless we cou'd prove the Discovery, Name, and Courses of this Riv-
er were fully known at the time when the first Charter was Granted,
a thing absolutely impossible to be done by the oldest Man living.
They likewise seemed strongly of Opinion that as our Eastern Bound-
ary by the Grant was to be on the Atlantick Ocean, that if it shou'd
be allowed as we Contended for, the said Eastern Boundary cou'd not
be on the Sea, but upon the upper or Western part of New Hamp-
shire, and that it was impossible when the River it self run North, to
be a Northern Boundary — And upon the whole after we were Or-
dered to withdraw, they came to a Resolution to Report that the
Northern Boundary of the Massachusetts should be a curve Line to
470 PROVINCE OF NEW HAMPSHIRE.
run 3 Miles North from the River Merrimack parallel with it from
the Sea up as high as Pantuckett falls and thence a strait Line to be
drawn due North 3, Miles at the end of which a strait Line to be
drawn clue West 'till it meets with His Majesty's other Governments
which shou'd be Fixed for the Massachusetts Northern Boundary —
For as to New hampshire the Lords (quite different from what the
Commissioners had done) considered them as quite out of the Case
and very unfortunately for Us considered the Question as between
Massachusetts and the Crown and that whatever was not granted to
Us belonged to the Crown. And therefore thought it right these
Boundary Lines shou'd Run 'till they meet with His Majesty's other
Governments. As to the other Line we read Dr Halley's Opinion as
to the word Northwestward and had a Mathematician present to
speak to it, Notwithstanding which and tho' they had no Mathema-
tician present nor the Opinion of any to produce we were not able to
prevail on this Point neither, But as to this Boundary the determina-
tion of the Commissioners stands. — We are concerned that after all
our Endeavours we should have no better Success, but we can with
Confidence say, nothing has been wanting on our parts in the Prose-
cution of the Affair that might have had a Tendency to the Interest
of the Province we represent, having also had the Advantage of the
Assistance of our Friend Kilby who arrived at London in due time
to see what preparations were made and to be at the Hearing — We
are with great Respect to the General Court
Their faithful Friends & most Humble Servant
London, 20th March, 1739/40. Fra Wilks
Richd Partridge
Inclosed is a list of what goes Inclosed
[Agent Wilks to Secretary Willard, 1739/40.]
[Mass. Archives, Vol. 53, p. 62.]
Mr Secretary./
Sir : / This Opportunity Presenting which is the first for some
time of sending to New England, think it may be Expected by the
Great & Generall Court to have some Account of their Affairs, but
as it is a round about way, & a Ship is in few days bound for Boston
directly shall only Acquaint the Court that the 5th Instant was Ap-
pointed for the Hearing about the Line with New Hampshire when
their Lordships determin'd, Viz1 That the Northern boundary of The
BOUNDARY LINE PAPERS. 47 1
Massachusets shou'd be a Curve Line to Run three Miles north of
the River Merrimack Parallel with it from the Sea up as high as Pan-
tucket Falls, & thence a strait Line drawn due North three Miles,
at the End of which a strait Line should be drawn due West till it
meets with His Majestys other Governments which should be fix'd
for the Massachusets Northern Bounds ; And as to the other Line
between New Hampshire & the Province of Maine they Confirm'd
that as the Commissioners have Adjudg'd it, a more particular Ac-
count of the Matter with the Cases &ca shall be sent by a Ship direct
in few days. I am with great Respect to the General Court, Sir
Your most Obedient Servant
London 21st March 1739/40. Fra Wilks
{Petition for Separation of N. H. from Mass., 1740.]
[Mss. Prov. Boundaries, pp. 164-166.]
To the Right Honble the Ldds of the Committee of His Majestys Most
Hon : Privy Council —
The hum : Petition of Jos : Gnlston Merch1 and Contractor for
Supplying masts for the Royal Navy Benning Wentworth, one of
His Majtys Coun1 for the Prov : of N Hampr and Richd Chapman and
Jn° Tomlinson Merchts in behalf of themselves & sundry other per-
sons interested in and trading to His Majestys Sd Prov : of New
Hampr — Sheweth
That yor petitioners by a former Petition humbly Represented,
that they were all considerable traders to New Hampr had great ef-
fects there as well as valuable Ships lying and building in the river
of Piscataqua, that the Sd Prov : was then in a Most naked and de-
fenceless condition the fort at the entrance of the sd River quite Ru-
ined & useless, and the Militia neglected and destitute of proper
Arms, so that on a Rupture your Petitioners effects and indeed the
Prov : might become an easy Prey to the Great damage of your Peti-
tion^ and to the distress of His Majestys service by the loss of that
usefull Province from whence the Royal Navy was chiefly Supplyed
with masts, And therefore Pray'd that that affair might be Repre-
sented to His Majesty, and that Effectual means might be taken to
protect the Petitioners propertys as well as the lives and propertys of
His Majtys good subjects Residing there Which Petition was by yor
Ldships order of 31 July 1739 referr'd to the consideration of the Ldds
Comrs for trade and plantations, who made a first Report to yor
472 PROVINCE OF NEW HAMPSHIRE.
Ldshipps on 10th Augst 1739, that it appeared to them that the sd Col-
ony was in a weak and defenceless condition, and that they were of
opinion it would be for His Majesty's service and the good of the Sd
Colony that it Shd have a distinct Govr —
That afterwards a Memorial was presented by Richd Partridge
Agent for the Govr together with some Petitions and Addresses
wthout date pretended to come from some Inhabitants in the Sd Prov-
ince desiring to be continued under their present Govr and even to
be annexed to the Governm* of the Massa Bay and Praying in Regard
to their Supposed poverty not to be put to the Charge of maintain-
ing a Person to be Govr of N Hampr onely. — Whereupon yor Ld-
ships on ye 29 of ye same Augst were pleased to referr back ye Sd
former Report together with sd New Memorial and Addresses for the
further consideration of ye Ldds Com15 for trade and Plantations ; Who
made a second Report to your Ldships on 17 octr 1739 that they had
Reconsidered their former report that they had also considered
the Sd Memorial and Addresses ; That their Ldships had been
attended by Mr Partridge Agent for the pres* Govr And by Mr
Hollings his Council & by Yr Petitirs also That they had Exam-
ined Several Witnesses and read many papers That it appeared that
the Sd Province had been in a naked and defenceless Condition for a
long Course of years. That it could never be for his Majesty's Ser-
vice to annex His Province of New Hampr as an Encrease of Terri-
tory to ye Massa Bay Since by daily Experience Their LdShips Saw
that neither His Majestys Royal Orders nor the Laws of Trade &
Navigation met wth a chearfull Complyance in the Charter Govern-
mts — Nor did Their LdShips see any reason for altering their opin-
ion from any thing that had appeared on that hearing with respect to
the appointment of a Seperate Governor for N. H. — That his Majesty
had been lately pleased to Seperate the Jerseys from N. York &
their Lordships apprehended the reason would be Stronger in the
present Case forasmuch as the People of the Mass* Bay had shewn
Evident marks of oppression by the unreasonable delays they had
made in the Settlem1 of their Boundaries That the weight of the
larger Govern1111 would always be felt by the lesser annext to it under
the Same Govr. That if the Inhabitants of N H were under a dis-
tinct Govr it was probable they might with more chearfullness exert
themselves in the Case of Their Fortifications & in providing for the
defence of Their Country — But if His Majesty Should graciously in-
cline to grant Their request Since contrary Evidence had appeared
on that occasion, Their Lordships conceiv'd it might be proper to take
once more the Sense of Their Assembly upon that Subject and also
to know what Provision they were willing to make for a Seperate
BOUNDARY LINE PAPERS. 473
Govr. — That Since Such last report has depended before Your
LdShips the Several following matters have interven'd relating to the
Subject thereof. — The Votes of Regular Town Meetings purposely
call'd at the principal places from whence Such pretended Addresses
came have been sent over hither protesting agst the matter of Such
pretended Addresses as well as the undue method used in getting
Such papers from the very lowest of the People only. — -
Also His Majesty in Council by His Royal & Judicial Determina-
tion of 9th April 1740 made upon the Appeals of both Provinces re-
lating to Their Boundaries has been pleased to ascertain what shall
be the bounds of the said two Provinces whereby an exceeding large
Territory all of which has been claim'd and great part thereof actually
encroacht upon by the Massa Bay has been adjudged to belong to
His Majesty by which accession (if the bounds shall be duly laid out)
N H will become a very considerable Province & at least eight times
larger than it was before accounted altho not yet settled. — That Six
of the Coun1 of N. H. in favour of the present Govr & for his Sake
only presum'd very lately to Petition His Majesty to annex his own
whole province of N. H. to the great Charter Governm1 of the Massa
Bay & to turn off the antient Settlers and Possessors & give them
new wilderness lands in Lieu of their Plantations but Such Petition
was rejected in Council on 29 May 1740 — That the Sitting of an
Assemy in N H in order to declare their Sentiments once again de-
pending entirely on the pleasure of the Govr (who might very well
know the Sentiments of the whole Country) and the time thereof
being altogether uncertain under the Scituation a very large majority
of the then late House of Represen5 & of every House of Represen8
which had been Elected during the whole Eleven years of the pres-
ent Govrs Governm1 & five also of His Majestys Council of N H and
most others of the principal Gentlemen & Considerable Persons there
did on 10th July 1740 by a Solemn Instrument Under all Their hands
& Seals fully Authorise one of Your Petitioners to declare their most
Earnest desire & Intreaty that His Majesty would be graciously
pleased for the many reasons therein Contained to Seperate them
from being under the Same Govr with the Massa Bay & to appoint a
new Seperate Govr for N H and further Authorised Your said Peti-
tioners To promise & undertake on their behalf that they would
chearfully & readily give such Gov1" to the utmost of their Abilitys
and do every thing which His Majesty could Expect from a loyal &
Dutifull People. — That very soon after the date of that Instrument
His Majestys Instructions relating to the intended Expedition
lay'd the Govr under an inevitable necessity of calling an Assembly
and letting them Sit also and the House of Represen3 on the very
31
474 PROVINCE OF NEW HAMPSHIRE.
day the Govr had opened the Sessions and made his Speech to them
for fear of a Sudden Dissolution as usual came to a resolution and
past a Vote upon the Ist of August last most fully declaring their
Sense & also their earnest desire and request to be put under a
Separate Govr from the Massa Bay as by Their Said Vote duly au-
thenticated along wth many other papers under the great Seal of the
Province, and a Copy whereof is hereunto most humbly annexed may
appear. — That the Assemy was Dissolved wthin Six days after such
resolution namely on 7th August 1740 and there is no Assemy now in
being there. — That as to the point Contested before the Lords of
Trade the Assemy have by the said Vote declared Their Earnest de-
sire that the Said Province may be put under a Separate Govr it
being their humble opinion agreeable to that of the Lds of Trade that
the Separation of the Governmt is the only thing to keep that Prov-
ince from Sinking & to make it a usefull and nourishing Colony. —
Wherefore Your Petitioners most humbly pray Yr LdShips to
take the said matter into your Consideration and make Such Report
thereon to His Majesty as that N H may be forthwith Seperated
from being under the same Govr with the Massa Bay And Your Pe-
titioners as in duty bound Shall Ever Pray &ca
John Thomlinson
for the Petitioners
[Extract of Letter from Agent Wilks to Secretary Willard, May 8,
1740.]
[Mass. Archives, Vol. 53, p. 63.]
* * * * j Advised in my former of Petitioning His Majesty in
behalf of the Province of The Massachusets Bay to have the Lands
taken from them by the late determination of Councill but have been
since Advised against it, and that it will be better reced from the In-
habitants of those Lands which I hope will be sent as soon as possi-
ble. The Report of the Lords of Trade about proper Instructions
for his Majesty to send agreeable to the Determination is not yet
made, when it is and I can have a Copy thereof it shall be sent, Also
the Pictures for the Councill Chamber when ready, a Commission is
moved for & Ordered Impowering Persons to settle the Line betwixt
Massachusets & Rhode Island Goverments which shall also be sent.
I am with Great Respect to The General Court./ Sir.
Your most Hum : Serv1
Fra Wilks
BOUNDARY LINE PAPERS. 475
[Massachusetts Vote, Appropriating Money to Buy Petitions, 1740.]
[Mass. Archives, Vol. 5, p. 123.]
Anno Regni Regis Georgii Secundi Magnae Britanniae &c. decimo
Quarto. —
At a Great & General Court or Assembly for His Majesty's Prov-
ince of the Massachusetts Bay in New England begun & held at
Boston upon Wednesday the Twenty eighth Day of May 1740. being
Convened by His Majesty's Writs. —
In the House of Representatives Septr 6. 1740.
Voted that mr Secretary Willard be directed to write to Mr Agent
Wilks to Supply, the proprietors or Inhabitants of that part of the
province affected by the Determination of the Line Controverted
with New Hampshire, or their Agent or Representative upon their
preferring a Petition or Petitions to His Majesty (approved of by a
Committee of this Court) with a Sum not exceeding three Hundred
pounds Sterling to be taken out of the Two thousand pounds lodg'd
in said Wilks's Hands for the Service of the province In managing
the Controversy of the said Line
Sent up for Concurrence J Quincy Spkr
In Council Septr 6, 1740.
Read & Concur'd and That William Dudley, Samuel Welles, Ben-
jamin Lynde & Samuel Danforth Esqrs with such as shall be joined
by the Honourable House be a Committee for the purpose within
mentioned.
Sent down for Concurrence Simon Frost Dep* Secry
In the House of Representatives Septr 6, 1740.
Read & Concurr'd & Mr Speaker Mr Hutchinson Judge Greaves
Mr Bromfeild & Mr dishing are Joined in the Affair any five of
whom to be a Quorum J Quincy Spkr
Consented J Belcher.
A true Copy Examined ^. J Willard Sec'ry
In Council Septr 11, 1740
Voted. That Anthony Stoddard Esqr be Added to the Commit-
tee appointed to Consider of any petitions made or to be made to
His Majesty by the Borderers on the Line that has been controverted
by the Province of New Hampshire.
Sent down for Concurrence J Willard Sec'ry
476 PROVINCE OF NEW HAMPSHIRE.
In the House of Representves Septr 12 1740
Read & Concur'd J Quincy Spkr
Consented. J Belcher
A true Copy Examined *$ J Willard Sec'ry
The Comittee having attended the Service appointed them have
receiv'd & do approve of the petitions from the several Towns & pro-
priety's following viz. Salisbury Almsbury Haverill Dunstable Not-
tingham Litchfield Groton Townsend Gorham Township Tyngs
Township Suncook, Contoocook Rumford the Township above Con-
toocook, Upper Ashuelots, Lower Ashuelots Rowley Canada Win-
chester, ye Townships N° 1 N° 2 & N° 4 on the East side of Connec-
ticut River N° 1 N° 4 & N° 5 of the line of Towns & N° 2 on the
West side of Connecticut River & by the Vote of the above Towns &
proprietys it appears that each of them have chosen Thomas Hutch-
inson Esqr of Boston their Agent to prefer said petitions to his Maj-
esty. In the Name & by Order of the Committee
Anth° Stoddard
\Kin£s Decision o?i Boundary Line Qz<estion.~\
[Mass. Archives, Vol. 5, pp. 11 5-1 19; N. H. Mss. Prov. Boundaries,
p. 161 ; also Masonian Papers, Vol. 4, p. 171.]
85th Whereas Disputes and Controversies have for many Years
subsisted between His Majesty's loving Subjects of ye Provinces of
the Massachusetts Bay & New Hampshire in New England in regard
to the boundaries between the said Provinces — and Whereas his
Majesty was pleased by his order in Council Dated 22nd January 1735
to direct that Commissioners should be appointed to mark out the
dividing Line between the said Provinces — and also by His Majesty's
Order in Council of the 9th February 1736 to direct that a Commission
should be prepared and passed under the Great Seal (which said
Commission was accordingly issued out) for Authorizing such Com-
missioners to meet within a limitted time, to mark out the dividing
line between the said Provinces, with Liberty to either Party who
should think themselves aggriev'd by the determination of the said
Commissioners to appeal therefrom to His Majesty in Council : which
said Commissioners did make their report in the following Words —
Commissioners Judgement of Provinces bounds
" In Pursuance of His Majesty's aforesaid Commission the Court
" took under Consideration the Evidences, Pleas and Allegations
BOUNDARY LINE PAPERS. 477
" offered and made by each Party, referring to the controversy de-
" pending between them — and upon mature advisement on the
"whole, a doubt arose in point of Law, and the Court thereupon
" came to the following resolution viz* That if the Charter of King
" William & Queen Mary — Dated October the 7th in the third year
" of their Reign Grants to the Province of the Massachusetts Bay all
" the Lands which were granted by the Charter of King Charles the
" first Dated March the fourth in the fourth year of His Reign to the
" late Colony of the Massa Bay lying to the Northward of Merrimack
"River — then the Court adjudged and determined That a Line shall
" run parralel 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,
" and from thence to run to the crotch or parting of the said River
" where the River of Pemigewasset and Winipesiokee meet, and from
" thence due North three English miles, and from thence due West
"towards the South Sea untill it meets with his Majesty's other Gov-
"ernments which shall be the boundary or dividing Line between the
"said Province of the Massachusetts Bay & New Hampshire on that
"side, but if otherwise, then the Court adjudge & determine that a
"line on the Southerly side of New Hampshire, beginning at the
"distance of three English miles North from the Southerly side of
"the black Rocks aforesaid at Low water mark and from thence run-
"ing due West up into the main Land towards the South Sea untill
"it meets with his Majesty's other Governments, shall be the boun-
" dary Line between the said Provinces on the side aforesaid - which
"point in doubt with the Court as aforesd they humbly Submit to the
"wise Consideration of His most Sacred Majesty in his Privy Coun-
" cil to be determined accordg to his Royal Will and Pleasure therein,
" and as to the Northern Boundary between the said Provinces the
"Court resolves and Determines that the dividing Line shall pass up
" thro the mouth of Piscataqua Harbor and up the middle of the
" River into the River Newichwannock (part of which is now called
" Salmon falls) and thro the middle of the same to the furthest head
"thereof, and from thence North Two degrees Westerly, untill one
"hundred and Twenty miles be finished from the mouth of Piscata-
" qua Harbor aforesaid ; or untill it meets with his Majesty's other
" Governments and that the dividing Line shall part the Isles Shoals
"and run thro the middle of the Harbor between the Islands to the
" Sea on the Southerly side — and that the South westerly part of
" the said Islands shall lie in and be accounted part of the Provce of
" New Hampshire, and that the North easterly part thereof shall lie
" in and be accounted part of the Province of the Massachusetts Bay,
478 PROVINXE OF NEW HAMPSHIRE.
" and be held and enjoyed by the said Provinces respectively, in the same
" manner as they now do, and have heretofore held and enjoyed the
" same ; and the Court do further adjudge that the Cost and Charges
" arising by taking out the Commission as also of the Commissioners
" and their Officers vizc the two Clerks, Surveyor and Waiter for
" their Travelling Expences and attendance in the Execution of the
" same, be equally borne by the said Provinces."
And whereas appeals from ye Determination of the said Commis-
sioners have been laid before his Majesty by the Agents for the Re-
spective Provinces of the Massa Bay and New Hampshire, which said
Appeals have been heard before the Committee of Council for hear-
ing appeals from the Plantations who after having Considered the
whole matter and heard all Parties concerned therein did report unto
His Majesty as their opinion
Committee of Council Report to his Majesty.
"that the Northern boundary of the said Province cf the Massa-
chusetts Bay are and be a similar Curve line pursueing the course
" of Merrimack River at three miles distance on the North side there-
" of begining at the Atlantic Ocean, and ending at a Point due North
" of a place (in a Plan returned by the said Commissioners call'd
" Pantucket Falls, and a strait Line drawn from thence due West
11 cross the said River till it meets with his Majestys other Govern-
"ments, and that the rest of the Commissioners said Report or de-
" termination be affirmed by his Majesty."
His Majesty's approbation of the Report.
which said Report of the said Committee of Council, His Majesty
hath been pleased with the advice of his Privy Council to approve,
and to declare, adjudge & order that the nothern boundary of the
said Province of the Massachusetts Bay are and be a similar Curve
line pursuing the Course of Merrimack River at three miles distance
on the North side thereof, beginning at the Atlantick Ocean and end-
ing at a Point due North of a Place in the Plan returned by the said
Commissioners called Pantucket Falls and a strait Line drawn from
thence due West across the said River till it meets with his Majesty's
other Governments and to affirm the rest of the Commissioners said
Report or Determination —
His Majesty's order to the Governor & Council./
Whereof the Governor or Commander in Cheif of His Majesty's
said Provinces for the time being, as also His Majesty's respective
Councils and Assemblies thereof, and all others whom it may concern
are to take notice. —
BOUNDARY LINE PAPERS. 479
It is therefore His Majesty's Will and Pleasure and you are here-
by required and enjoyned under pain of His Majesty's highest dis-
pleasure and of being removed from your Government to take espe-
cial care that his Majesty's Commands in this behalf are Executed in
the most effectual and expeditious manner to the end that His Ma-
jesty's good intentions for promoting the Peace and Quiet of the
said Provinces may not be frustrated or delayed ; and you are likewise
hereby directed to Communicate this Instruction to the Council and
Assembly of His Majesty's said Province of New Hampshire, and to
cause the same to be entered in the Council Book thereof. —
And for your further Information herein an Authentic Copy of the
Plan returned by ye said Commissioners is hereunto annexed.
True Copy as upon Record. T : Atkinson Jun Secry
It may be Observ'd that the Commissioners Considered the Mas-
sachusetts first Grant to extend to Indicuts tree (So Called) and I
desire to know how this Com'Wealth are Justly abridgd of it by Sur-
render or Otherwise
And can Mr Bryants mistake in taking the N E branch Not more
than equal to One third of the river (And of but ten Miles in length)
alter the Just line for the Main river by Survey appears to Extend
More westerly thirteen Miles beyond the place where the N E branch
enters into it — and further by the Survey it appears that on that
Mistake New Hampr Claims lands of about Seven Miles in breadth
Near 90 Miles in length Equal to 12 Townships or More.
pr E B —
\_Mes sage from Massachusetts House to Governor, 1 740/1.]
[Mass. Archives, Vol. 5, p. 125.]
In the House of Reptves Jan^ 7, 1740
Voted that the following Message be Sent up to His Excellency
the Governour Viz.
May it please Your Excellency
The House having taken into consideration Your Excellency's
Speeches to both Houses of the 22d Novr and 31st of Decr last, re-
specting the Boundary Line betwixt this Province and New Hamp-
shire have Voted to refer the further consideration thereof till the
next May Session. J Quincy Spkr
480 PROVINCE OF NEW HAMPSHIRE.
\_Message from Gov. Belcher to Mass. Council and House, 1 740/1.]
[Mass. Archives, Vol. 5, p. 126.]
Gent" of the Council & House of Representatives
I have already laid before you his Majesty's orders to me for carry-
ing- his Judgment in Council respecting the Boundaries betwixt this
Province & that of the Massachusetts Bay into execution and altho
this Affair is under the absolute direction of the Kings Governor yet
I shall be glad of your Advice & nomination to me of a double Num-
ber of Persons fit for the Service out of which I wou'd appoint a suf-
ficient Number to go through the Business & in this Matter no de-
lay must be made.
March 4th 1740 J Belcher
Copy examined by Geo : King Dep* Secy
Copy examind by Geo : King CI
[New Hampshire Appropriation for Settling Boundary Line, 1 740/1.]
[Mass. Archives, Vol. 5, p. 127, and N. H. Mss. Prov. Boundaries,
p. 169.]
In the House of Representatives
This House having considered of his Majestys Instruction to his
Excellency for putting his Royal determination respecting the bound-
ay Lines into execution which is not directed to the Governor of
New Hampshire but to the Governor & Commander in cheif for the
Time being of the Massachusetts Bav to put the same in execution
and therefore as we apprehend the Massachusetts ought to do it at
their own expence And the Governor in a Message to this House of
this Day says " Unless we make Provision the Matter must still re-
main undone
Therefore that the Affair be not delayed & that his Excellency be
enabled to put the same into execution agreable to his Majestys in-
struction
Voted that the Sum of Five hundd Pounds (if there be Occasion for
it) be drawn out of the Treasury of this Province (out of the Money
remaining of the West India Expedition) and applied by his Excel-
lency for putting his Majesty's royal determination on the boundary
BOUNDARY LINE PAPERS.
48I
Lines in execution and the aforesaid five hundred Pounds be ap-
propriated for the aforesaid Use and to no other Purpose & Intent
whatsoever & the Overpluss if any be to remain in the Treasury to
be disposed of according to the Order of the General Assembly
March the 6th 1 740/1 James Jeffrey Cler : Assy
In Council Mar: 6 1 740/1
Read & concur'd Richd Waldron Secy
same Day Assented to J Belcher
Copy examined by Geo : King Dept Secy
Copy examin'd by
Geo : King: CI
D1
[Accounts against New Hampshire, 1 740/1.]
[Mss. Prov. Boundaries, p. 140.]
The Province of New Hampshire in London.
1732
Jany 22 To Cash paid Postage & Expences . . £ —
26 To Coach hire & Expences .
30 To Cash paid for the Charter
31 To Expences with the Sollicitor .
Feby 2 To Cash paid for a map to Annex to the Pe
tition ......
6 To ditto pd Postage & Expences .
20 To d° paid Coach hire & Expences to S
James ......
March 5 To Coach hire & Expences
April 19 To Expences & Coach hire wth ye Sollicr
20 To Cash paid Mr Paris
To ditto pd Coach hire ....
23 To Expences going to the House of Lords
on the Sugr Colony bill
pd for 100 Plans for the Province of New
Hampshire — ....
To so much paid ^ M1' Thomlinson ^ his
Acco* ......
Exchange 450 ^ O
30
}
62
5 —
4. 6
9: 6
2: 10
13: 6
8: 6
3: 8
3: 6
4: 6
5: —
2: 6
3: 6
5 -
17. 3
662: 8: 9
0:19: 4i
;£3643: 8
ii
482 PROVINCE OF NEW HAMPSHIRE.
*$ Contra in New England Cr
By Cash Received out of the Treasury . . . 500: — : —
Ballance 3143: 8: i£
£3643: 8: ii
Portsmouth October 13th 1737 Errors Excepted
J Rindge
Prov : of New ) Portsmouth Novemr 17, 1738 We the Subscribers
Hampshire j being a Committee of Audit Appointed by the Gen-
erall Assembly for the Province aforesaid for Examining & Allowing
of Accots have Examined the Above Acco1, both Debt & Credit &
find the Same to be Right Cast & Well Avouched by the Oath of
said Rindge and Acco1 of John Thomlinson Esqr & that there is now
due to sd Ringe from the Said Province of New Hampshr the Sum of
Three Thousand one hundred Forty Three Pounds Eight Shillings &
a penny half Penny as by the Above Acco1
Josh. Peirce ^
Geo : Walton I ~
c 1 c -4.T- t Committee
Samuel Smith j
J Odiorne Junr J
In the House of Representatives Mar nth — 1740/41
The above return read and accepted : and Voted that the Balla of
said accompt being three thousand one hundred forty three pounds
Eight Shillings and one penny half penny : be allowed and paid out
of the publick Treasury as soon as Provision is made for the same
Coppy James Jeffry Cler Assm
Read and non-Concurrd In Council March 18 1 740/1
R Waldron Sec1*
[Bill of Expenses against N. H., 1 740/ 1 .)
[Mss. Prov. Boundaries, p. 172.]
The Province of New Hampshire to Sundry Accots on the Affair
of the Line Dr
1737
21 To Balla ^ Settlement & Allowed ye 13th Octo-
ber 1737 207,, 17,, 7
BOUNDARY LINE PAPERS.
483
22
23
24
25
To Majr Joshua Wingits Bill Since the 6 weeks
Adjournm1 ......
To Samuel Levits Bill keeping Commissionrs
horses .......
To Benja Lamprey fJ ditto Transporting Com-
mission" things .....
To John Gains a Journey to Boston to Carry
Papers .......
To Jeremiah Libbey for his horse to Boston
To Mr Packer a Journey to Boston to Serve the
Govr with the Copy of the order of the Com-
mittee of Council &c
To 2 quire paper dd James Jeffry to Copy out
the Journal of the house of Representatives
To John Browns after Bill ....
To Cash paid Mr Parker for the Copy of the
Case .......
To Postage of Letters since October 1737
To the Honble the Commission" for Settling
the Line viz1
Majr Phillips Esqr .
80 days
Cap4 Otho Hamilton
80
William Skeen Esqr
65
Col° John Gardner
50
John Potter Esqr .
. 50
Ezekiel Warner Esqr
50
George Cornel Esqr
50
Vernon Esqr
15
Phillip Levingston Esqr
20
46,,
5»
6
I2„
5.,
6
2„
3»
3»
6„io—
— 12 —
i„ 8„ 5
30 —
5, 10-
460 days @ 20/
deducted being paid the Commission15 &
Allow'd
The waiter Mr Esman ....
The waiter that Came with Esq1 Warner .
To George Mitchell Esqr Surveyor
To Mr William Parker Clerk to the Commission
To George Jaffrey Esqr After Bill
Portsmouth Novemr 15th 1738
Sha Walton
Geo Jaffrey
Jotham Odiorne
Theodore Atkinson
460
140.15
3i9„
5
—
10
5
38,
6,
8
53,
7,
4
1,
6
£7$ i„ 6„
Andr Wiggin
J Rindge
Thos Packer
James Jeffry
484 PROVINCE OF NEW HAMPSHIRE.
Janr 28th 1 74 1 : In the House of Representatives
voted : the above ace1 be allowed and paid out of the Treasury
(when Supplyed James Jeffry Clr Assm
In Coun1 feb: 13, 1741, 2
Read and Concurr'd Richd Waldron Sec17
Feb: 13: 174 1/2 Assented to B Wentworth
Proce of New )
Harnp1" \ Portsm0 Novr 17, 1738
Wee the Subscribers being a Comittee of Audit appointed by the
General Assembly for ye Province Afforsd for Examining and Alow-
ing of Acctts have Examined the within Acctts of ye Committe apointed
to wate on ye Commisrs for Settling ye Boundary Lines Between Sd
Provce and ye Massachusetts and ffind ye Same to be well vouched
and Right Cast and that there is now Due to Sd Comitte from ye Sd
Provce of N Hampr the Sum of Seven hundred ffifty one pounds Six
Shillings and Two pence by ye within Acctl
Josh: Peirce ^
Geo Walton I ~
t r\^- t r r Comitte
J Odiorne Junr I
Sam1 Smith J
In the House of Representatives Mar nth 1740/41 The above
Return Read & accepted and Voted : That the Ballance of Said Ac-
compt being Seven hundred & fifty one pounds Six Shillings and two
pence be allowed and paid out of the Public Treasury as soon as Pro-
vision is made for the same James Jeffry Cler Assm
[Appointment of George Mitchell as Surveyor of Boundary Line,
1 740/ 1.]
[Mass. Archives, Vol. 5, p. 132, and N. H. Mss. Prov. Boundaries,
p. 232.]
By his Excly Jona Belcher Esqr Cap* Gen1 & Govr in chief in and over
his Majys Prove of Mass. Bay in N. England —
To Geo Mitchell Esqr Greeting, having lately received his Majes-
ty's royal instruction requiring me to take especial care that his Maj-
esty's Judgment in Council relating to the boundary lines between
the Province of Massachusetts Bay & this Province be executed in
BOUNDARY LINE PAPERS. 485
the most effectual manner; and in order to the accomplishing the
end in the said Instruction proposed.
You being well skilled in the art of Surveying and now under oath,
justly faithfully & impartially according to your best skill and Judg-
ment to run and mark out such part of ye sd lines as shall be assigned
you.
I do therefore hereby appoint you the said Ge° Mitchell Esqr to
run and mark out that part of the boundaries which is a similar curve
line pursuing the Course of Merrimack River at 3 miles distance on
the North side thereof beginning at the Atlantic Ocean, and ending
at a point due north of a place Called Pentucket Falls.
You are to make the best remarks you can in the Course of your
Survey, and also to erect & make the best monuments you Can at all
the remarkable places in your Course ; all this you are to do with all
prudent dispatch — and as soon as the same is accomplished you are
to make return of your doings to me, with a plan of your Survey
without delay —
Given under my hand ye 16 day of March 1 740-1
Jona Belcher
A true Copy taken at Dunstable in New Hampshire on the 28th
day of October AD 1825 from a Copy then produced by the Com
missioners on the part of New Hampshire & compared by —
[Description of Line Surveyed by George Mitchell \ 1741.]
[Mass. Archives, Vol. 5, p. 134.]
A Description of the dividing line between the Provinces of Massa-
chusetts Bay and New Hampshire, from the Atlantick Ocean to the
boundary pine so called as the same was run and marked by George
Mitchel Esqr in the month of March A. D. 1741, and traced and run
out by Caleb Butler and Benjamin F. Varnum Esqrs in the month of
August A. D. 1825, and reported to us by the said Surveyors from
their field book to wit.
Beginning at a large stone in the Marsh about sixty two rods from
high water mark, and about twelve rods from the high grounds on a
beach, which stone is three miles and two hundred and twenty rods
Northerly from where the Merrimack River now enters the Atlantic
Ocean.
South 740 West 154 Rods {Thence One hundred & fifty four Rods
to a log in the Marsh at the Creek. —
486 PROVINCE OF NEW HAMPSHIRE.
South 6o° West 147 Rods {Thence One hundred and forty seven
rods to a stone in the edge of the Marsh
Soutli yo° West 196 Rods [Thence One hundred and ninety six
rods to a heap of Stones.
North 450 West 798 Rods{Thence seven hundred and ninety eight
Rods to a stake and stones by a Gravel pit.
North 620 West 274 Rods {Thence two hundred and seventy four
rods to a stone marked HB.M.
North 82^-° West 183 Rods {Thence one hundred and eighty three
rods to a stone marked B, which is a Corner for Seabrook & South-
ampton in N. H.
South 81 ° West 240 Rods{Thence Two hundred and forty Rods
to a large stone.
South 70 ° West 490 Rods{Thence Four Hundred and ninety rods,
crossing Powow River three times, to a Stone in a wall
South 87 } ° West 500 Rods {Thence five hundred Rods to a stump
with Stones about it which is a corner of South Hamoton and New-
ton N. H.
South 87I ° West 308 Rods{Thence three hundred and eight Rods,
to a stone set in the ground.
South 86|- ° West 242 Rods {Thence two hundred and forty two
rods to a stake and stones.
South 52-J ° West 322 Rods{Thence three hundred and twenty two
rods to a Stone in O Peasly's land.
South 31-J ° West 367 Rods {Thence three hundred and sixty seven
rods to a flat rock, on Brandybrow Hill marked A. H. the reputed
corner of Haverhill & Amesberry, Newton & Plaistow N. H.
South 24J ° West 605J Rods {Thence six hundred and five and an
half rods to a stone in the ground near Ayer's hill.
South 64-J ° West 1154-J Rods {Thence eleven hundred and fifty
four -J rods to a Stake and stones.
South 69 ° West 630 Rods (Thence six hundred and thirty Rods to
a pile of stones the reputed corner of Atkinson and Salem.
South 47 ° West 379 Rods {Thence three hundred and seventy
nine rods to a stone placed in the ground the reputed corner of Hav-
erhill & Methuen.
South 47 ° West 93 Rods {Thence Ninety three rods to a rock in
Jone's Swamp.
South 4;| West 11 59 Rods{Thence eleven hundred and fifty nine
rods to a Stone in Strong water meadow.
North 65 1 West 691.] Rods{Thence six hundred and ninety one
and an half rods to a stone and three swamp white oaks —
North Sy\ West 226 Rods {Thence two hundred and twenty six
rods to a maple tree marked
BOUNDARY LINE PAPERS. 487
South j6\ West 139 Rods {Thence one hundred and thirty nine
rods to a stone set in the ground a reputed corner for Salem & Pel-
ham
South 57J West 203 Rods {Thence two hundred and three rods to
a pile of Stones by a wall the reputed corner of Methuen & Dracutt.
South 50J West 300 Rods {Thence three hundred rods to a heap
of stones.
South 36J West 35 1 \ Rods {Thence three hundred and fifty one
and an half rods to a heap of stones by a new road.
South 47J West 396 Rods {Thence three hundred and ninety six
rods to a heap of stones near a flat rock.
North 82^ West 443 Rods {Thence four hundred and forty three
rods to a heap of stones the place called the boundary pine
miles north of Pautucket Falls.
Dated at Boston the thirty first day of January in the year of our
Lord, One thousand eight hundred and twenty seven. On behalf of
and by direction of the Commission
Sam1 Dana Corn1" first named in sd Com
[Appointment of Richard Hazzen as Surveyor of Boundary Line,
1 740/1.]
[Mass. Archives, Vol. 5, p. 138, and N. H. Mss. Prov. Boundaries,
p. 230.]
By his Excellency, Jonathan Belcher Esqr Cap1 General and Gov-
ernor in Chief in and over his Majesty's Province of the Massachu-
setts Bay in New England
[l. s.] To Richard Hazzen Gentleman, Greeting.
Having lately received his Majesty's Royal Instructions, requiring
me to take especial care, that His Majesty's Judgment in Council
relating to the boundary line between the province of the Massachu-
setts Bay and this province, be executed in the most effectual man-
ner, and in order to the accomplishing the end in the said instruc-
tions proposed ; — You being well Knowing in the Art of Surveying,
and now under oath, justly, faithfully and impartially, according to
your skill and judgment to run and mark out such part of the said
line as shall be assigned you. —
I do therefore, hereby appoint you the said Richard Hazzen, as a
surveyor to proceed immediately to a place or point three miles due
488 PROVINXE OF NEW HAMPSHIRE.
north from a place called Pentucket Falls in Merrimack River, and to
go from thence due west, till it meets his Majesty's other Govern-
ments ; — And you are to take especial Care in this your survey, that
you faithfully spot the trees, standing in the said line, and make the
best monuments you can besides : You are to take particular notice
of all hills, mountains, rivers, ponds, lakes and what else may be re-
markable that shall lie in or near your way, and remark the same in
the plan of your survey, which you are to make return of to me, to-
gether with a Copy of your Journal with all Convenient dispatch.
Given under my hand and seal the 17th day of March 1740- 1
I the Subscriber do by these presents promise to do and perform
the several articles, contained in the instructions on the other side of
this paper, which on my part are to be performed in consideration of
three hundred pounds in province bills of credit, fifty pounds part
thereof, I acknowledge I have received and the residue of the said
three hundred pounds to be paid when the Buisness is accomplished
and a return of the plan and Journal made to His Excellency the
Governor
Dated at Portsmouth, March 17th 1 740-1
Test R. Waldron Richard Hazzen
A True Copy made at Dunstable in New Hampshire on the 28th
day of October A D 1825 from a Copy then produced by the Com-
missioners on the part of New Hampshire & compared by
RICHARD HAZZEN'S JOURNAL.
Introductory by Rev. Henry A. Hazen of Billerica, Mass., in N. E. Hist, and Gen. Regis-
ter for July, 1879.
Richard Hazzen (the name is more commonly spelled Hazen)
was appointed by Gov. Belcher and the Council of New Hampshire,
March 17, 1 740-1, to survey the western and principal section of
the boundary between Massachusetts and New Hampshire. His
Journal, while prosecuting the survey, is herewith presented.
The facts given in the April number of the Register (see page
234) of his family and history need not here be repeated. But it is
proper to add, that since that article was printed, an error has been
discovered in the reported date of his death. The Boston Gazette,
Feb. 19, 1754, says: "We are informed that the latter end of the
Week before last, Richard Hazzen, Esq., a noted and ingenious Sur-
veyor of Land, was found dead in the road at or near Bradford, in
BOUNDARY LINE PAPERS. 489
the County of Essex, his horse standing by him : As no marks of vi-
olence were found upon him, by the Jury of Inquest, 'tis tho't he
was seized with a Fit and fell from his horse & dy'd." And April i,
1754, Sarah, widow of Richard Hazzen, appeals successfully to the
General Court for adjustment of a grant of " 468 pounds for five
years without interest," made to her husband the year previous. Feb.
7-9, 1754, must be the date, therefore, of his death.
This settlement of the boundary between the two states terminat-
ed a long and important contention between them. The original
charters, granted in England, were very indefinite as to bounds. Lit-
tle was known of the interior of the country, and the assumptions
of the King's counsellors were as likely to be wrong as right. When
Massachusetts was granted, with a boundary line three miles north of
the Merrimac river, it was taken for granted that the general course
of that river was east and west. The later discovery that its longer
course was nearly north and south, upset all the first ideas of the re-
lations of the two provinces. As long as the territory in question
was not settled, and while both provinces were under one govern-
ment, the rival assumptions were not practically harmful.
But the progress of settlement brought the question into pressing
importance. In 1724 Henry Newman writes from London that he
will defend the interests of New Hampshire " about the lines." In
1725 Massachusetts chartered Penacook ; and Gen. Wentworth at
once called the attention of the legislature of New Hampshire to the
encroachment. For fifteen years the controversy went on. Com-
mittees and commissions met and disagreed. Massachusetts was
charged with intentional delay, and New Hampshire with extravagant
pretensions. In 1737 the king appointed a commission, which met
at Hampton in August, to investigate the whole question, and re-
port. Gov. Belcher convened, at the same time, the General Court
of Massachusetts at Salisbury, and that of New Hampshire at Hamp-
ton, for such communications with the commission or action as might
be found desirable.
Massachusetts contended for a line three miles from the Merrimac
as far as Franklin N. H. where the Pemigewasset and Winnepesau-
kee meet. New Hampshire maintained, " we know of no such name
as Merrimack River any further than from the River's mouth as far
as the salt water flows, or to the first falls about a mile above Haver-
hill Meetinghouse." The commission, in report to the king, sub-
stantially denied the latter assumption ; but gave greater weight to a
difference in the charters of Massachusetts, as first granted in 1629,
and re-granted by William and Mary. This question they referred
back to the king in council, whether the second charter was as ex-
32
490 PROVINXE OF NEW HAMPSHIRE.
tensive as the first. On this point, in their judgment, the right of
Massachusetts to follow the northward trend of the Merrimac de-
pended.
The decision of the king was not reached until March 5, 1739-40.
He set aside, in substance, the results and questions of the commis-
sion, and said that as far as the river followed a westerly course, the
line should be governed by it ; but when it turned to the north the
line should continue westward. This decision, setting aside a large
part of the claim of Massachusetts, was a substantial triumph of
New Hampshire. Still, in equity, Massachusetts would hardly have
had ground of complaint if the principle of the decision had been ad-
hered to in fact. But by fixing Pawtucket Falls as the starting point
of the measurement, the king really gave New Hampshire the benefit
of the considerable southward trend of the Merrimac to that point, and
deprived Massachusetts of a strip of territory fourteen miles in width,
which New Hampshire had never claimed. Of this singular result
Gov. Hutchinson says (History, Vol. 1, p. 313): " Lord Wilmington,
who was then president of the council, assured me, in the year 1741,
that this proceeded from a misapprehension of the course of the
river. He did not conceive that at Patucket the river inclined to
the southward, or that any loss was occasioned to Massachusetts.
The New Hampshire agent was better able to manage the contro-
versy than the agent for the Massachusetts."
Gov. Belcher applied to both governments to join in appointing
surveyors to run and mark the line. But the delay of Massachusetts was
construed a denial ; and New Hampshire proceeded ex parte, as in that
case authorized to do. Mr. Hazzen received his appointment March
17, 1 740- 1, and with his chainmen was sworn and proceeded at
once to the duty assigned. His " survey," which was certainly once
in the possession of New Hampshire, has disappeared ; but his
''Journal " has, more fortunately, been preserved by his descendants
in Hampstead, and is kindly loaned for our use by his great-grand
daughter, Mrs. Garland.
The " Great Bunt " where Hazzen and Mitchell began their line at
Pawtucket Falls, was on the west side of the mouth of Beaver Brook.
Here was a noted fishing place. In 1735 Col. Joseph Varnum and
his son Joseph grant to the town of Dracut liberty to pass on their
land "from the country road at the great fishing falls at Patucket,"
reserving a place for catching and curing fish, " extending from the
place called the lower hole to the old Bunting Place." And forty
years later, the rights of " the Great Buntsean Proprietors" were be-
queathed by Col. Varnum to his children. Pawtucket, Pantucket,
Pentuckct, Patucket, seem to have been only variations of the same
BOUNDARY LINE PAPERS. 49 1
name. The Pawtucket Falls are now half a mile west of Beaver
Brook, and Hunt's falls are nearly a mile down the river ; but before
the building of the dam, the rapids in the river for this entire dis-
tance were probably included in the designation Pawtucket Falls. If
this was the fact, the surveyors had a range of somewhat more than
a mile for fixing their starting point, and the benefit of this option,
perhaps with the governor's approval, they gave to Massachusetts, as
the course of the river is here northwest.
The line was re-surveyed in August, 1825, by Caleb Butler and
Benjamin F. Varnum, beginning at a point in Pawtucket Falls called
the "Great pot-hole place." The " boundary pine" was then stand-
ing, but has since disappeared.
Public Record Office of England.
Colonial Correspondence — Board of Trade Massachusetts
Richard Hazzen's Journal.
20 March to 6 April, 1 740/1 — Original
Endorsed — Massachusetts, N. Hampshire Mr R Hazzen's Jour-
nall in marking out ye Boundy Lines of ye Massachusets & N. Hampsr
Begun March ye 20th 1 740-1, to April ye 6th 1741 Recd with Mr
Belcher's Lettr dated ye 31st August 1741. Recd Decbr ye 11th 1741
Read Janry 22nd 1 741/2
Enclosed by J. Belcher to Board of Trade 31 August 1741.
The Journall of Richard Hazzen and Company from Haver-
hill to Albany and back again in Running the Northern boundary
Line of the Province of the Massachusetts Bay in New England,
from a point three Miles due North of Pentucket falls in Merrimack
River on a due west Course till it me'tt with his Majesties other
Governments.
The falls described by his Excellency Governour Belcher and the
Honble the Councill of New Hampshire, lay against the Town of
Dracutt & betwixt Col° Varnums & the Revd Mr Thos Parkers.
Fryday March 20th 1740 At Eight a Clock forenoon, we set out
from my dwelling house in Haverhill, with Our provisions on small
hand sleds, which we hald up Merrimack River on the Ice, with great
difficulty and danger of falling through. Most of the falls in the
492 PROVINCE OF NEW HAMPSHIRE.
River being then broke up, and in Other places the ice was thin and
Rotten, and the Same Night came to Mr Richard Halls of Tewks-
bury at about Eight O'Clock and Lodged by his fire side
Saturday March 21 At Break of Day we went from Mr Halls and
passed over Concord River on the Ice, without any Apparent danger,
notwithstanding the river was Open, a little above us and below, and
at Nine a Clock forenoon came Safe to Col° Varnums, where about
Ten o Clock, George Mitchell Esqr & Company, who had been tak-
ing the bends of Merrimack River from the Atlantick Sea in Order
to run similar lines in a proper season for it, also Arived, and the
Colonell haveing generously entertained both Companies at his own
expence & cost, and determined at what part of the falls to begin to
measure a due North line, (the place concluded on being called the
Great Bunt and directly Opposite to Tyngs Saw Mills) The Said
Mitchell set forward on his Course and measured three Miles, which
ended, about fourteen Rods Southerly of Colburns Old Meadow, &
Near the Easterly end of it, where the Said Mitchell caused a pitch
pine Tree to be marked and letterd with (M) on the Southerly Side,
and (N H) on the Opposite Side, denoting it to be a boundary be-
tween the Province of the Massachusetts Bay, and New Hampshire
and Erected a pillar of Stones round the Same Tree : & then we
parted, the Said Mitchell Returning home to Portsmouth and I Set
forward on my course which was due west, allowing Ten degrees
Variation North according to my Instructions from the Governour &
Councill and the Same Night I measured from the Sd pine Tree one
m a
Mile and sixteen poles to Beaver River 1:0: 16 Remarks This
line crossed Conants farm & meado & Nathaniel Clements Lott
The weather was fair & Cold in the forenoon but warm in the
afternoon, and the wind was Northwest. We left of measuring at
Beaver River, and I went to the Revd Mr Thomas Parkers and there
Lodged the rest of the Company, went to some of their Friends
Sunday March 22d I was kindly entertaind by the Revd Mr Parker
and went to his Church both parts of the day, and at night lodged at
Mr William Richardsons it being Near the place I left off measuring
Saturday night ; This day was fair and warm and the wind South-
westerly which caused the Snow to Melt Verry fast '
Monday March 23d This day we began to measure a little after
Sunrise and went on Our Course 4: 2. 24.
Remarks At forty poles from Beaver River we crossed the path,
which leads from Dracutt Meeting House to that part of the Town
called Gumpuss, leaving William Richardsons house Northward of
the line about forty poles and Nathaniel Clements, Southerly about
sixty
BOUNDARY LINE PAPERS. 493
2 At Two hundred and seventy four poles from this path, we
crossed, a pond called Long pond the Generall bearings whereof were
North and South, & was Seventy four poles Over ; on the west side
of this pond the Line runs between Dracutt & Nottingham, in Our
way to it the line Crossed the aforesd William Richardsons land and
Clements ; and from thence the Course ran through the Lands and
properties of Severall of the Inhabitants of Nottingham till it came
to Merrimack River which was four Miles and four poles, from where
we began to Measure at Beaver River this Morning, the line left
Jeremiah Colburns house, South about forty poles, and Samuel Golds
Southerly about Twenty five or Thirty poles. We Crost Merrimack
River against Bancrofts Lott, and ran up thro to the House of the
Late Revd Mr Nathaniel Prentice of Dunstable the Course being
about six poles South of it & Dunstable Meeting House distant on a
Course N 6° East One hundred and Twenty Six poles. The Town
of Nottingham ended at Merrimack River and there Dunstable be-
gins. Capt Fletcher gave us a good dinner. The Morning was
Cloudy & about One o Clock. Afternoon it began to snow, and
snowed fast all the Remainder of the day, which hindred Our Mov-
ing further, here Caleb Swan & Ebenezer Shaw were Sworn Chain-
men before Eleazer Tyng Esqr pursuant to his Excellency8 instruc-
tions we Lodged at Dunstable this Night Some of us at the house of
Joseph Blanchard Esq1" who Generously Entertained us, and the rest
of the Company at Frenches Tavern
Tuesday March 24th It Snowed verry fast all this day which hin-
dred us from proceeding on Our Journey, so we lodged at Dunstable
as we did last night.
Wednesday March 25 1741. At Ten a Clock it cleard up. And
we immediately set forward & measured to Nashua River which was
4 : 3 : 44 and at Night Lodged by James Bloods fire.
Remarks In Our Course this day we Crossed the Southerly End
of the Hill, called Phillips Hill — we went through the Land & prop-
erties of Sundry of the Inhabitants of Dunstable : we left Robinss
house about Twenty five poles Southerly of Our Line, and Crossed
over the Southerly end of the Hill Called Andrews Hill, A large hill
lay Northeasterly of this and joyning to it, called Mount Gilboa Mr
Adamss house, being west of Said Mountain, & About half a Mile to
the Northward of Our Course we Also Crossd a Large Stream called
Salmon Brook, at which Brook, Groton Line and Dunstable joyn to-
gether, and thence to the south of a Small pond called Lovewells
pond, which is Twenty poles short of Nine Miles, from the pond
where I first began to Measure and is so Small as scarce worth taking
Notice off and from this pond the Line ran through a pitch pine plain
494 PROVINCE OF NEW HAMPSHIRE.
to Nashua River, James Bloods house being South of our Line About
One hundred and Twenty poles as I Judged & near the Said River :
This afternoon was cloudy and but little wind
Thurdsday March 26. We Set Out Early and with great difficulty
passd Nashua River in a Canoe, which Could carry but Two men At
One time & leak1 half full every time she Crossd the River, for which
ferridge I paid Ten shillings tho the River was not more then Twenty
Rods Over and then traveld down the River, and began to measure
at the Same in the line where we left off last Night, and we Meas-
ured six Miles, X 6 : o : 00 which measure Ended in Samuel Wheel-
ers Lott in Townsend.
Remarks At One Mile and Two hundred poles from Nashua
River we Came with the line in to Enoch Hunts field in the Parish
of Nissatissett, a part of Dunstable, his House being North of the
line, about Twenty five poles. At about three Quarters of a mile
further, we Cross1 Lawrences feild lying on the Top of an hill from
whence we had a fair View of Watatuck Mountain which lay Two or
three Miles Southward of Our Course, and was distant as we judged
near fourteen Miles. At Three Miles and Two hundred poles from
Nashua River we Crossed Nissatisset River, and near the End of
Our Measure this day by the high way in Townsend Samuel Wheel-
ers house was North of Our Line about Twelve poles and Joshua
Wrights House further North, These Two houses are all that were
Inhabited in Townsend on the North of Our Line & Ensign Farrons
House was South about Ninty Rods, by whose fire we Lodged this
Night — The Weather was fair & the wind West or Nearer North-
west and we Saw nothing Else Remarkeable in this days Course.
Fryday March 27th we Set Out Where we left of the Line last
Night, being help1 forward by Some of the Inhabitants of Townsend ;
and Measured six Miles 6:0:0 which ended about Thirty poles west
of the path leading from Townsend to New Ipswich.
Remarks at the End of Three Miles & Two hundred & Sixty poles
we Crossed the Great meadow Brook ; at the End of four Miles and
Thirtv poles, we Crossed Snows meadow brook ; at the end of five
Miles' we Crossed, Whitneys meadow brook, all these brooks as I was
informed by the inhabitants of Townsend are branches of Sequam-
cook River that Runs into Nashua River The Snow this days meas-
ure was Near three feet Deep we had the Heavens over us & Snow &
a few Hemlock boughs under us which was all the Covering except
our Blankets we had this Night the Weather was fair & warm and the
wind Southerly which made the Snow soft & heavy travelling —
Saturday March 28th We Set forward before Sunrise and this day
Measured 4 : 2 : 40
BOUNDARY LINE PAPERS. 495
Remarks. At the End of One Mile and One hundred poles we
Crossd Whitneys pond brook at the End of One Mile & One hundred
& Eighty poles more, we Cross1 Sowhegan River, Riming Northerly
or Northeasterly, the land was verry Steep and High, on Each Side
the River where we Crossd it, tho no Remarkeable Mountaines, the
Snow in Generall was Three feet deep, & where we lodged near five,
the weather was fair & wind Northwest
Sundav March 29th We measured this day 4 : o : 40
Remarks At the End of one Mile and half from where we left off
last Night, we Crossed Blewfield River or Bellow5 Brook, it being a
branch of Millers River and Runs Southerly, crosses the path which
leads from Northfield to Lunenburgh by the half way, house as we
Supposed ; from thence at the End of One Mile three quarters and
Twenty four poles we Cross1 a Large brook runing Southerly or
Southeasterly which came Out of a small pond, that lay about Thirty
poles North of Our Lines, We namd it Sunday pond from Our
measuring by it that day. We Saw no remarkeable Mountain, only
Watatuck which we went Two or three Miles North off, the land in
Generall was good Land, and the Trees that grew on it, Beech Ma-
ple and White Ash, intermixt with Hemlock & little Underbrush,
The Snow for the Most part was Two feet & half deep or more,
the weather was fair and warm, and the wind westerly and bad trav-
elling the latter part of the day. In the Night it Clouded up &
Sometime before day Snowed, which Oblidged us to Stretch Our
Blankits and Lye Under them having no Other covering
Monday March 30th The Trees and bushes, being laden with the
Snow that fell last night, we did not Set forward, till near Nine of
the Clock in the forenoon and then Measured 2..0..60
Remarks At the distance of One hundred and Eighty poles we
crossed, Wonommenock pond which was forty poles Over at the place
where we Crossd it and is a Main branch or head of Millers River,
Thence Two hundred & Eighty poles to a large brook being Another
branch of Sd Millers Rivers ; We Named it Deer brook from the
great Signs of Deer we Saw there The Snow this day was about as
deep as Yesterday, but the land more broken, and Rocky, the weather
was fair & windy the wind Northwest
Tuesday March 31. We Set forward on Our Journey before Sun-
rise and the Same day measured five Miles & forty poles 5 : o : 40
Remarks At half a Mile from where we began to Measure this
Morning, We Came to a large Stream runing Northerly or Northwes-
terly, which we Supposed to be that Branch of Contoocook river
which runs along by Grand Meuaduuck and thence thro' Hopkinton
and joyns the Other branches of that River in the Town of Rumford
49^ PROVINXE OF NEW HAMPSHIRE.
& Empties into Merrimack River ; At Two Miles further we came to
a Meadow, a large Stream Runing Southerly thro' the same and here
we found some Stacks of hay, we Supposed the Stream to be a branch
of Millers River, & the Hay to be Boyntons, who lives on the Road
leading from Northfield to Lunenburgh. At this Meadow we had a
fair Prospect of Grand Menadnuck bearing North of us and distant
as we judged near Eight Miles, from thence One Mile Three Quar-
ters and forty poles we Crossd Another Branch of Millers Rivers, the
land in Generall was good & good travelling in the forenoon but Soft
in the Afternoon The Snow Two feet & an half deep or More the
wind Northwest & Weather fair
Wednesday April Ist This day we Measured 5. .3. .34
Remarks In this days travell, we crossd Sundry branches of Mil-
lers River viz. One at the End of One hundred and fifty poles, from
where we began to Measure this Morning A Second One Mile &
Two hundred poles from the first, runing thro a Meado, from thence
Two hundred Eighty poles we Crossd a Third & from thence 260
poles a fourth having great falls in it fit for Mills, we Cross* all these
streams on the ice. The land this day was broken Land, producing
cheifly spruce Hemlock fir &c the Snow betwixt Two & three feet
Deep, the weather fair & Cold & the Wind Northwest.
Thursday April 2d This day we measured from Where we left
off last Night 7:3:0 Seven Miles & three quarters
Remarks. At the End of 292 poles from where we began this
Morning, we Ascended a large Mountain, Grand Menadnuck then
bearing Northeasterly of us and distant near Twelve Miles. At four
Miles, from where we began Our Measure this Morning we Crossd a
great Brook runing North Called Muddy Brook ; At 620 poles more,
we Crossed another large brook runing the Same way, and called
roaring brook, both which are branches of Ashwelott River from
thence Two hundred and Twenty poles we Came to the Top of a
Verry High Hill : from whence we had a fair View of Northfield, and
thence we measured to a Sled path, about Two miles & half North-
erly of Northfield Meeting house and left off & travelld to Capt Feilds
of Northfeild and Lodged by his fire Side ; The Snow was about Two
feet Deep till we Came to the Top of the Hill last mentioned, after
that the ground was bare in Some places ; The weather was fair and
wind Northwest
Fryday April 3d This day we Measured Only to Connetticutt
River which was 0..3..4.
Remarks At the End of Sixty Eight poles, from where we began
this Morning, we Crossd a large Brook runing into Connetticutt
River, called Putchaug and then a Meadow of that name, and Set up
BOUNDARY LINE PAPERS. 497
a Stake on the bank of Said River in the Line, there being no Tree
Exactly in Our Course ; Two families only of Northfeild, falling
Northerly of this Line, there was but little Snow in this days course
we returned again to Capt Feilds and Lodged as before
Saturday April 4th We tarryed at Cap1 Feilds and prepared new
Recruits for Our further journey and a Canoe to Transport us over
Connetticutt River if the ice should be gone, it Snowed, till the Mid-
dle of the day, but cleard up before Night, and we lodged at Cap1
Feilds as we did last Night
Sunday April 5th 174.1. We Tarryed at Cap1 Feilds & went to hear
the Revd Mr Doolittle preach both parts of the day, The weather
was fair Cold, and windy ; The wind Northwest.
In the Course from the point where I first Set Out the Line Cross1
through part of Dracutt and Nottingham, & leaves but a small part
of Dracutt Northerly of it ; but, the Greatest part of Nottingham, the
Greatest part of Dunstable falls on the Northerly side and but a
Small part of Groton, and Townsend ; the Greatest part of the
Towns of New Ipswich Rowley Cannada & Sylvester, fall Northerly
of the line, by the best Information I can gett : the Greatest part of
Winchester if not all falls on the Northerly Side, and a third part of
the lands of Northfeild, if not more, tho but Two Houses Only:
There are many other Towns further North which were beyond my
Observation laid out & peopled by the Massachusetts Bay.
Monday April ye 6th 1741. We left Cap1 Fields at Northfield a little
after Sunrise, and with great difficulty passed Connetticutt River in
a Canoe, the wind being high & flawey, and the Ice above coming
down verry often. We travaild up to ye place against where we left
Our line on the East Side of the River, which was about six poles
above the Little meadow brook and the Same day Measured 4:
1 : 20
Remai'ks At Two Miles and an half from Connetticutt River we
Ascended the Topp of a verry high hill, a small narrow pond lying
on the Northerly Side of it, with Two small islands at the Easterly
end of Said pond from this place we had a fair View of Fort Dummer
bearing from us near North & by west, & distant as I Judged About
four Miles, The first Two Miles From Connetticutt River the land
was Open and but little Snow, the remainder of this days travell the
Snow was about Two feet Deep, on which we Lodged, the Weather
was fair & wind Northwest
Tuesday April 7th This Morning we set Out before Sunrise &
Measured 5 : 3 : 28
Remarks At the End of 240 poles We Came to Falls River, an
Exceeding high hill lying on the East Side of it, and the Stones upon
49$ PROVINCE OF NEW HAMPSHIRE.
the Hill were all Slate Stones & large we therefore named it Slate
Hill at an hundred Rods further we Came to Another branch of Said
River, and at the end of Our Measure this day, we came to Green
River, and Lodged on the East Side of it. This day was fair & Cold,
the wind Northwest and travelling good The Snow about Two feet
deep for the greatest part of the way, The land Mountanous &
broken, but good for Pasture and the Timber it produc* Beech Maple
Hemlock and some Chastnutt
Wednesday April 8th This day we Measured 5 : 3 : 40
Remarks At the End of One hundred poles from where we began
to Measure this Morning we crossed a large brook : Supposed by us
to be a branch of North River & One Mile, Three Quarters, and
forty poles further, we Came to the said River, on the West Side of
which was, an Exceeding high Mountain, and to the End of this
days, measure from the aforesd River, the land was exceeding good
& Covered with Beech Maple Chastnutt &c The Snow was Mostly
Three feet Deep, and in Many places more ; The forenoon the Crust
was so hard we walk1 upon it without Snoeshoes, in the afternoon it
was soft, The weather was fair and the wind Northwest and this
Night we lodged on the Snow
Thurdsday April 9th This day we measured 5 : 3 : 10
Remarks At the end of Three miles we Came to a large brook,
running Southeasterly, and at the End of this days Measure we
Came to Another large brook riming Southerly, by which we took
Our lodging; here we trac* a large Bear & therefore Namd it Bear
Brook, both these Brooks are branches of Deerfeild River, The land
this day was exceeding good ; and the produce Beech, Maple, White
Ash &c & for three Miles together the Pigeons Nests, which I
Supposed were made last Year, were so thick that five hundred
Might have been told on the Beech Trees at One time, And Could
they have been counted on the Hemlocks as well, I doubt not but
five thousand at One turn Round, The Snow was for the Most
part Three feet deep, the weather fair & wind Northwest
Fryday April 10th This day we Measured 2 : 1 : 20
Remarks At the end of half a mile from where we Set Out this
Morning we Came to Deerfeild River verry high & Steep mountaines
being on Each Side of it & so up & down the River as far as we
Could See, by Information at least fifty Miles we mett with great
difficulty in passing the River, first attempting to Wade & One only
got Over with great damage to Our bread by wetting it, Then we
Attempted to Raft, but that faild ye water ran so Swift, at length
we found a place where we all waded over, tho with the utmost Haz-
zard ; The Mountain on the west side was so steep, we could not
BOUNDARY LINE PAPERS. 499
Carry the Chain to Measure, but in four or five hours time, When
we had ascended the Top of it, we judged we had gott forty Rods
forward & no More on Our Course at the furthest, The Snow this
day was about Three feet Deep, The weather fair & wind Northwest,
At Sunsett we built a fire on the Snow, and Lodged by it
Saturday April IIth We began to Measure before Sunrise and
Measured this day Seven Miles 7:0:0
Remarks At the end of four Miles three Quarters and Twenty
poles, we Came to a small River Running North ; and where we
Cross* the river was good intervale Land, on both Sides & a large
English Camp a little North of ye Line and on the East of Said
River, and at the end of Seven Miles Two large brooks mett ; One
Came out of the westward ; and the Other out of the Northward, and
then ran Southeasterly, we thought both these streams ran into
Deerfeild River, and that the Camp was made by Capt Welles &
Company, the land all this days Course was good & fit for Settle-
ments ; The Snow About Three feet Deep ; and where we lodged
near five : which was where the Two Brooks mett, we left a Bottle
there and therefore called it Bottle Brook, it Snowed a little the
greatest part of the day and the wind was Northeasterly
Sunday April 12th This day we Measured 4 : 1 : 50
Remarks At the end of three Miles we came to the Top of an Ex-
ceeding high Mountain from whence we discovered a large Mountain
lying South westerly of Albany as Also a Row of Large Mountaines,
on Each Side of us, bearing North and South or North-westerly and
Southeasterly Nearest and a Ridge of Exceeding high Mountaines,
three or four Miles before us, bearing near the Same Course, and a
fine Valley betwixt them & us, on Each Side of the line together
with Said Hills bigg Enough for Townships. At One hundred and
thirty poles further we Cross1 a branch of Hosek River runing South-
erly thence to the Main River of Hosek running Northwesterly, with
difficulty we waded it & lodged on the West Side of it that Night ;
the first part of the day was good travelling but heavy by Noon and
betwixt the Two Rivers the Snow was Mostly gone ; it clouded Over
and rained in the Night, which Caused us to Stretch our Blankits
and lye Under them on the Bare ground, which was the first Bare
ground we lodged on Since we left Northfeild. There was little
wind this day
Monday April 1 3th This day we Measured from Hosek River four
Miles and an half 4:2:0 which was only over one mountain, which
Mountain was exceeding good Land, bearing Beech, Black birch, and
Hemlock, White Ash &c Over this Mountain We Concluded the line
would Run, betwixt, this Government and New York, when deter-
500 PROVINCE OF NEW HAMPSHIRE.
mined and therefore named it Mount Belcher, that it Might be as
Standing a boundary as Endicutts Tree had been here we Lodged
Again On a spott of Bare Ground by a Large Brook running South
westerly, which being full of Clay we Named it Clay brook We had
some Thunder Showers in the Night, which Oblidged us to rise and
Stretch Our blankits The weather was Cloudy all day and no Wind
stirring, The Snow for the last Three Miles about Two feet Deep :
for the first Mile and half but little
Tuesday April 14th This day we began to Measure at Clay Brook
and Measured 5. .2. .60
Remarks At the End of Two hundred and Twenty poles, we
Cross1 the aforesd Clay Brook again Running Northerly, at Two hun-
dred & Eighty poles more we Crossed a small River, riming North-
easterly and verry Swift and 540 poles more, we Came to A Large
Brook riming Northeasterly all which we Supposed were branches of
Hosek River This day we Cros1 no verry Large Mountaines & there
was little Snow for three Miles, and in Many places None, but the
Remainder of this days Measure it was near Two feet Deep, and
where we Lodged About Two and half : the land was good for Settle-
ments bearing Large White Oaks in Some places, in Others Cherry
Tree of Two feet Over, Beech, black birch Rock Maple White Ash
&c The weather was fair & wind North westerly & near Night a
Meer Hurricane.
Wednesday April 1 5th This day we Measured 6:0:0 and Lodged at
Night in White Oak Land on Bare ground.
Remarks At the End of Two Miles from Where we began to
Measure in the Morning we Crossd a large Stream running Southwes-
terly, at the End of One Mile More we Crossed the Same Stream, at
half a Mile further we Crossd this River Again, at One Mile further
we Cross1 the Same and Eighty poles before we finish't this days
Measure we waded through a Swamp all the way almost to Our Mid-
dles in Water, in which Swamp the aforesd River lost it Self, The
first Three Miles of this days travell the land was mostly Beech and
the Snow Two feet Deep the Next Two broken and hemlock Ground,
and the Remainder White Oak and the aforesaid Swamp. The weath-
er was fair & warm and the wind west or Northwest
Thursday April 16th we Measured to Hudsons River five Miles
Remarks On a Small Mountain at four Miles and forty poles on
Our Course, from where we began to Measure this Morning we had
a fair View of the City of Albany bearing from us South westerly &
distant about Eight Miles as I Judged, and at. the Same time had as
fair a View of the falls in Mohawks River called Cohoos or Great falls
above Albany, near four Miles from us to Our Great Joy and there-
BOUNDARY LINE PAPERS. 5<DI
fore named it mount Joy hence we kept Our Course to Hudsons Riv-
er striking it about Eighty poles below where Mohawks River Comes
into Hudsons, We went thence to Albany and tarryed that Night
The Trees in or near the line are well Mark1 so as to be found with-
out any difficulty, but Could Raise few Other Monuments The Snow
in Most places having Covered the Stones.
The Rivers, Streams & ponds are laid down in their proper places
wher the line Crossd them, but Out of sight by Guess or Imagination
The Mountains are laid down as Much in form as I could and many
of them pretty Exact but they being of such vast Extent it Cannot
be thought they are perfectly done or all put down that Came in
Sight.
Fryday April 17th At Nine a Clock we left Albany : And the
Same Night came to Derrick Slakes at Kenderhook & Lodged by his
fire.
Saturday April 18th We Set away from Mr Slakes Early in the
Morning and the Same day came to Capt Spurrs at Upper Housea-
tonnuck and Lodged there by his fire side. Some time before we
Arived at Spurrs, it Thunderd & lightned verry hard, and haild great
Stones like peices of ice and Many of them near as bigg as Hens
Eggs.
Sunday April 19th We Set Out from Spurrs, and the Same day
travaild About Eighteen Miles to Brewers in N° (1) & lodged by his
fire.
Monday April 20th We Set out from Brewers As soon as it was
light, & travelld, thro New Glascow now Called Blanford and thence
to Westfield & that Night we lodged at Kings tavern by his fire Side
Tuesday April 21. We traveld from thence to Springfield, which
made One hundred Miles from Albany and the same Night came to
Scotts at Kingston & lodged there by his fire Side
Wednesday April 22d Wetravelld this day from Scotts thro Brook-
feild and thence to Leicester & lodged at Sergeants Tavern by his fire
Thurdsday April 23d We travelled thence thro Worcester, part of
Brimfeild & Shrewsbury, thence thro Lancaster, and the Same Night
came to Haskals tavern in Harvard and Lodged there by his fire.
Fryday April 24th It Rained hard most of the day Yet we trav-
elled thro Groton to Dunstable and Lodged there that Night
Saturday April 25th I purchast a Canoe at Dunstable & came
down Merrimack River to Dracutt we Carryed Our Canoe over Pen-
tucket falls, but mett with no Other difficulty, in going down the
River, and Arived at my own House in Haverhill about Eight o Clock
at Night, all in perfect health thro the goodness of Almighty God to
us, & for which his Name be praised
Richard Hazzen
502
PROVINCE OF NEW HAMPSHIRE.
The Company were
Richard Hazzen Survey1" Caleb Swan Benja Smith
Zechariah Heldreth Ebenezer Shaw William Richardson
Richard Hazzen Junr
N. B. The Weather provd so fair that we Never stopt a day in the
Woods for any foul Weather, Never built a Camp one Night &
Stretch1 Our blankits but Three times, but Lodged on the Snow with-
out any Covering except Our Blankits, Notwithstanding we travelld
more then four Hundred Miles, & were Absent Thirty Seven days
An Accompt of the distance from the Pine tree where I began to
Measure, to Connetticutt River, & Miles, Quarters & poles of Every
days travel! Viz
Saturday March 21
Monday
Thurdsday
Saturday
Monday
Wednesday
1740.
4:
6:
4:
2 :
5 :
24
40
40
60
34
Wednesday
Fryday
Sunday
Tuesday
Thurdsday
Fryday
16
44
00
40
40
00
40
Miles 53:2:58
To Connetticutt River
An Accompt of the Miles from Connetticutt River to Hudsons &
Every days Measure
April 6th 1 74 1
Monday
4: 1
: 20
Tuesday
5:3
:28
Wednesday
5: 1
:40
Thurdsday
5 =3
10
Fryday
2 : 1
: 20
Saturday
7:0
00
Sunday
4: 1
:50
Monday
4:2
: 00
Tuesday
5 :2
:6o
Wednesday
6:0
:oo
Thurdsday
5 :o
: 00
Miles
56 : o : 68
Which makes the whole measure One hundred and Nine Miles,
Three Quarters and Thirty Eight poles as taken
^ R Hazzen Surveyr
June 25th 1742
Pro : of
N Hampr
Mr Richard Hazzen made oath, That this journal made by him, is
true and exact according to the best of his skil and observations
Sworn Before Richd Waldron p Peace
BOUNDARY LINE PAPERS. 503
[Description of Line Surveyed by Richard Hazz en, 1 741.]
[Mass. Archives, Vol. 5, p. 140.]
A Description of the dividing line between the Provinces of Mas-
sachusetts Bay and New Hampshire from Mitchels Boundary pine so
called as the same was run and marked by Richard Hazen in March
A D 1 741 -and traced and run out, by Caleb Butler and Benja F
Varnum Esqs Surveyors in the Month of August A D 1825 and re-
ported to us by the said Surveyors from their field book -to Wit-
Beginning at a point called Mitchels boundary Pine two miles three
hundred and thirteen rods due North of a point in Pantucket falls
called the great pot hole place
North 78 j West 758 Rods — Thence seven hundred and fifty eight
rods to a heap of Stone on the Westerly shore of Long Pond, the
reputed corner of Dracutt and Tyngsborough
North 82| West 28 \\ Rods -Thence two hundred and eighty one
rods and an half to a heap of Stones, being a Corner of Pelham and
Nottingham West, N. H.
North 80 West 690 Rods -Thence six hundred and Ninety rods a
pine tree on the West bank of Merrimack River a Corner of Dunsta-
ble N. H.—
North 80J West 426^ Rods — Thence Four hundred and twenty
six and an half rods to an heap of Stones being a Corner of Tyngs-
boro' & Dunstable Massts
North 79J West 1360 Rods — Thence thirteen hundred and sixty
rods to a point at Nashua River being a Corner of Dunstable & Pep-
perill Mass & Dunstable & Hollis N. H.
North 8o| West 1395 Rods — Thence Thirteen hundred and Nine-
ty five rods to a pine tree marked for a corner of Hollis & of Brook-
line N. H.
North 81 \ West 335 Rods — Thence three hundred and thirty five
rods to a Stake and Stones being a corner for Pepperell & Townsend
Mass.
North 80J West y88 Rods — Thence seven hundred and eighty
eight rods to a Stake and Stones being a Corner for Brookline & Ma-
son N. H.
North 8oJ West 11 54 Rods — Thence eleven hundred and fifty
four rods to a Birch tree marked, being a Corner for Townsend &
Ashby Mass.
North 80 West 513 Rods — Thence five hundred and thirteen rods
to a Stake and Stones being a Corner for Mason & New Ipswich
N. H.
504 PROVINCE OF NEW HAMPSHIRE.
North 80& West 1458 Rods — Thence fourteen hundred and fifty
eight rods to a birch tree marked, being a Corner for Ashby & Ash-
burnham & also a Corner for the Counties of Middlesex and Worces-
ter
North 79J West 493 Rods — Thence four hundred and Ninety
three rods to a Stake and Stones a Corner for New Ipswich & Rindge
N H
North 80^ West 840 Rods — Thence eight hundred and forty rods
to a Stake and Stones, a Corner for Ashburnham & Winchendon
Massts
North 80I West 151 5 Rods Thence Fifteen hundred & fifteen rods
to a Stake in Rabbit swamp a Corner for Rindge & Fitz William
N H
North 80^ West — 490 Rods Thence four hundred and Ninety
rods to a Stone marked & set in the ground a Corner for Winchen-
don & Royalston N. H. [Mass.]
North 80J West 1428 Rods Thence fourteen hundred and twenty
eight rods to a Stake and Stones a Corner for Fitz William & Rich-
mond N. H.
North 80I West 1273 Rods. Thence twelve hundred and seventy
three rods to a stake and stones a Corner for Royalston & Warwick
Mass.
North 80} West 679 Rods — Thence six hundred and seventy nine
rods to a stake and Stones a Corner for Richmond & Winchester
N. H.
North 80J West 1332 Rods — Thence thirteen hundred & thirty
two rods to an heap of Stones a Corner for Warwick & Northfield
Mass.
North 80} West 624^ rods — Then six hundred and twenty four
and one half rods to a stone set in the ground a Corner for Winches-
ter & Hinsdale N H
80 rods — Thence eighty rods to a stone on the Eastern bank of
Connecticut River
42 Rods 1 795 5 J Rods equal to 56 Miles & 35 J Rods — Thence
across said River to a point on the Western bank thereof, fifty six
miles and thirty five and an half rods from the aforesaid boundary
pine, The Reputed South Easterly [Westerly] Corner of the State
of New Hampshire and the South Westerly [Easterly] Corner of the
State of Vermont, which point is on a Course from the boundary
pine aforesaid at three miles distance North of Pentucket falls, North
eighty degrees and twenty minutes West according to the present
traverse of the Magnetic Needle and the intermediate Courses, be-
tween each of the above mentioned reputed Corners of towns respect-
BOUNDARY LINE PAPERS. 505
ively vary but little from the same general Course, which will more
particularly appear by a plan thereof. —
Dated at Boston the thirty first day of January in the year of our
Lord One thousand Eight hundred and twenty seven. — On behalf
of ? and by direction of the Commissioners —
Samuel Dana first named in the Com°
\_Appointment of Walter Bryent as Surveyor of Boundary Line,
1 740/ 1.]
[Mass. Archives, Vol. 5, p. 129, and N. H. Mss. Prov. Boundaries,
p. 167.]
[l. s.] By his Excellency Jonathan Belcher Esqr Captain General
& Governor in & over his Majesty's Province of the Massachusetts
Bay in New England
Having lately received his Majesty's royal Instruction requiring
me to take especial Care that his Majesty's Judgment in Council re-
lating to the boundary Lines between the Province of the Massachu-
setts Bay & this Province be executed in the most effectual Manner
& in order to accomplishing the end in the said Instruction pro-
posed
You being well knowing in the Art of surveying & now under
Oath duly & faithfully & according to the best of your Skill & Judg-
ment to run & mark out such part of the said Lines as shall be as-
signed you
I do hereby authorize & appoint you as a Surveyor to proceed im-
mediately & pass up through the Mouth of Piscataqua Harbour & up
the middle of the River into the River of Newichwanick (part of
which is now called Salmon falls) and thro the middle of the same to
the farthest Head thereof, & from thence North two Degrees Wes-
terly until One hundred & twenty Miles be finished from the Mouth
of Piscataqua Harbour aforesaid until it meets with his Majesty's
other Governments and take especial care in this your Survey that
you well & fully spot the Trees Standing in the said Line & take par-
ticular Notice of all Hills Mountains Rivers Ponds Lakes & what else
may be remarkable that shall lie in or near your Way & remark the
same in the Plan of your Survey, which you are to make return of
upon Oath all which you are to do with all possible prudent Dispatch
for which this shall be your Warrant
Given under my hand & Seal at Arms at Portsmouth March 12
1740/1 J B
33
506 PROVINCE OF NEW HAMPSHIRE.
To Mr Walter Bryant
Memorandum The true North two Degrees West is by the
Needle North eight degrees East which is your Course
Copy examined by Geo : King Dep1 Sec>r
Copy examined by Geo : King CI
Bryent did not Conform to this order neither was the Survey Con-
firmed as appears by Mr Jacksons Letter to Government of Massa-
chusetts
I Query Whether it has been Confirm 'd Since if Not the last Sur-
vey by the N W branch or Main river Gives the true line the Not
Confirmd
[ Walter Bryent and Assistants Sworn, 1 741 .]
[Mass. Archives, Vol. 5, p. 131.]
Province of New \ At a Council held at Portsmouth Thursday March
Hampshire \ 12th 1 740/1
Present
His Excellency Jona Belcher Esqr Governor
Shadrach Walton ^ Richd Waldron ^
George Jaffrey l- Josha Peirce '
Jothm Odiorne f ^bq Jos : Sherburne f EjSq
Henry Sherburne J Ellis Huske J
Theodre Atkinson Esqrs
His Excellency proposed the employing Mr Walter Bryent as a
Surveyor with 8 Assistants to run out & mark the Boundary between
this Province and the County of York pursuant to his Majesty's In-
structions and that the said Bryent should have 24/ ^ Day & Five
Pounds when he made his Report and his Assistants 13/ ^ Day
each to which the Council did advise & consent & the Surveyor and
Chairmen were then sworn & sent forward immediately
Copy from the Council Minutes examin'd by Geo : King Dep1 Secy
Copy examined by Geo : King CI
BOUNDARY LINE PAPERS. ^O1/
[ Walter Bryenfs Agreement, 1 740/ 1 .]
[Mss. Prov. Boundaries, p. 49.]
These presents Witness, that I Walter Brian have agreed with his
Excellency Governor Belcher, to perform the part of a Surveyor, in
runing the dividing line, between New Hampshire and the late Prov-
ince of Main, agreable to His Majestys Instruction in that behalf ;
— And that I will set out upon the busyness without delay ; That I
will keep an exact journal of my proceedings, making observations
therein, of all remarkable mountains, hills, Rivers, lakes and ponds,
and report a Copy of my Journal to His Excellency as soon as possi-
ble, together with a draft of the said line : All this I do hereby prom-
ise and Engage to do, in consideration of twenty three shillings ^
day for my self, & of thirteen Shillings ^ day for each of the other
men, employ'd in the Service, (being eight in number,) exclusive of
my self, and in further consideration also of five pounds, I am to re-
ceive upon finishing the work, & presenting His Excellency with a
Copy of my Journal and a draft as aforesaid ; at which Time the
whole money is to be received, except twenty seven pounds this day
paid in hand March 12, 1 740/1 Walter Bryent
Test Richd Waldron
\B ry en f s Journal, 1741.]
[Mass. Archives, Vol. 5, pp. 143-147, and N. H. Mss. Prov. Bound-
aries, pp. 185-188.]
Walter Bryants Journal in running the Boundary between New
Hampshire & that Part of the Massachusetts Bay called County of
York 1 74 1 —
Mar : 19 Fryday I set out from Newmarket with eight men to as-
sist me in running & marking out one of the Province Boundaries
lodg'd at Cochecho
14 Saturday Sent our Baggage on logging Sleds to Rochester
from Cochecho under the Care of three Men the other five continu-
ing with me at Cochecho it being foul Weather
15 Sunday Attended public Worship at Cochecho and in the
Evening went to Rochester and lodgd there —
16 Monday Travelled through the upper Part of Rochester &
lodg'd in a logging Camp —
508 PROVINCE OF NEW HAMPSHIRE.
17 Tuesday Went on Salmonfal River & travelled up said River
on the Ice above the second Pond and camp'd
18 Wednesday Went to the third Pond & about two of the Clock
in the Afternoon it rained & snow'd very hard & obliged us to camp
extreme stormy that Night and two Men Sick —
19 Thursday Went to the Head Nechawannick River and there
set my Course being North two Degrees West but by the Needle
North eight Degrees East and run a half Mile on a Neck of Land
with three Men then return'd to the other five and camp'd —
Mar 20 Fryday Cross'd the head Pond which was a Mile over and
at two hundred Rods distance from said head Pond was another
which lay so in my Course that I cross'd it three Times & has com-
munication with Mousum River as I suppose from the last mention'd
Pond for six Mile together I found the Land to be pretty even
the growth generally white & pitch Pine (N B at the end of every
Mile I marked a Tree where the Place wou'd admit of it with the
Number of Miles from the Head of Nechawannick River) went over
a Mountain from the Summit of which I plainly see the white Hills
and Ossipee Pond which Pond bore about North West & was about
four Mile distant — There also lay on the North side of said Moun-
tain at a Mile distance a Pond in the form of a Circle of the Diame-
ter of three Miles the East End of which I cross'd I also cross'd the
River which comes from the East and runs into said Pond & camp'd
had good travelling to day & went between Seven & eight Miles
21 Saturday In travelling five Miles (the Land pretty level) from
the Place where I camp'd last Night I came to a River which runs
out from the lastmention'd Pond & there track'd an Indian & three
Dogs kill'd two Deer & camp'd
22 Sunday Remain 'd in my Camp and about nine o Clock at
Night the Camp was hail'd by two Indians (who were within fifteen
Rods of it in so broken English that they called three Times before
I cou'd understand what they said which was " what you do there "
up which I spake to them and immediately upon my speaking they
asked what news I told them it was Peace they answerd " may be
no " but however upon my telling them they shou'd not be hurt &
bidding them to come to the Camp they came & behaved very order-
ly and gave me an Account of Ossipee Pond & River as also of a
Place called Pigwacket they told me the way to know when I was at
Pigwacket was by observing a certain River which had three large
Hills on the Southwest Side of it which Narrative of said Indians re-
specting Ossipee &c I found to correspond pretty well with my Ob-
servations. They also inform'd me of their Names which were Sen-
tur & Pease Sentur is an old Man was in Cap1 Lovewell's Fight at
BOUNDARY LINE PAPERS. 50Q,
which Time he was much wounded & lost one of his Eyes the other
is a Young Man — They informd me their living was at Ossipee
Pond they had no Guns but Hatchets and Spears our Snow Shoes
being something broken they readily imparted wherewith to mend
them — They woud have purchased a Gun of me but cou'd not spare
one — They were inquisitive to know what brought Englishmen so
far in the Woods in Peace whereupon I informed them & upon the
whole they said they thought it was War finding Englishmen so far
in the Woods & further that there were sundry Companies of Indians
a hunting & they believed that none of said Companies woud let me
proceed if they shou'd meet with me
23 Monday Parted with Indians & went to Ossipee River which
is fifteen Miles from the Head of Salmon falls which Number of
Miles I mark'cl on a pretty large Tree that lay convenient (and in my
return I found on said Tree a Sword handsomely formed grasped by
a Hand) one Mile from Ossipee River came to a Mountain from the
Top of which I saw the white Hills travelled over five large Moun-
tains — camp'd
24 Tuesday Found the Snow very soft to Day so that we sunk
half leg deep in Snow Shoes saw where two Indians had camp'd on
Hemloc Boughs camp'd snow'd all Night
25 Wednesday Continued snowing all Day & Night the general
Depth of the Snow with what fell last Night & to Day was four Foot
& an half & five Foot deep —
26 Thursday The Weather fair and clear and in my Travel to
Day saw the white Hills which were West & by North from me &
about seven Miles distant as near as I cou'd guess I also see Pig-
wacket Plain or Interval Land as also Pigwacket River which runs
from the North West to the Southeast & cuts the aforesaid Intervale
in two Triangles it lying North and South about eight Miles in length
and Four in Breadth — About two or three Miles beyond Pigwacket
I saw a large Body of water three or four Miles long & half a Mile
Broad but whether River or Pond I do not know
27 Fryday Finding the traveling difficult by the softness of the
Snow and the Rivers & Brooks breaking up together with some back-
wardness in my Men to venture any further I concluded to return
which I did accordingly & on Wednesday the first of April we got
safe to Newmarket and all in good Health
Walter Bryent
Province of New )
Hampshire j ss May 22d 1741 Mr Walter Bryent made Oath
that this is a true & exact Journal of his Survey of part of one of the
divisional Boundaries between his Majesty's Provinces of New Hamp-
510 PROVINCE OF NEW HAMPSHIRE.
shire & the Massachusetts Bay made by him according to the best of
his Skill & Observations
Sworn before Richd Waldron J Peace
Copy examin'd by Geo : King Dep1 Secy
Copy examin'd by Geo : King CI
[Petition of Thomas HiitcJiinson^\
[Copied from the Archives of England.]
To the Kings most Excellent Majesty in Council
The Petition of Thomas Hutchinson of Boston in Your Majestys
Province of the Massachusetts Bay in New England Esquire
Most humbly Sheweth
That the General Court of the said Province several Years since
for many great and weighty Reasons but more particularly to strength-
en and secure their frontier and to defend many scattering Towns
that lay dispersed near the Borders of their Province made several
Orders and Grants for the settlement of thirteen Townships com-
monly known by the name of the Line of Towns in Your Majestys
said Province of the Massachusetts Bay and which Townships were
Ordered to be laid out in two Contigious Lines reaching from Merri-
mack to Connecticut River and which Townships have Settlements
already begun and will (if the same Encouragement and Protection,
they have hitherto received be Continued to them) be soon Com-
pleated.
That the said Townships were Erected on Lands always under-
stood to belong to the said Province of the Massachusetts Bay the
Northermost of these two Lines of Towns being laid out diverse
Miles Southward of a due West Line from the Northermost part of
Merrimack River and which Land was always understood to be ad-
judged to the said Province by the Determination of His Majesty
King Charles the Second in Council in the Year 1677 and no Settle-
ment has been at any time Attempted there by the Province of New
Hampshire —
That the Proprietors and Settlers of these Townships upon a firm
belief that they were within and part of the Province of the Massa-
chusetts Bay and Entitled to the Protection of that Province have at
great Expence Labour and Hazard Settled and improved the said
Townships but to their inexpressible Concern and Surprize they find
BOUNDARY LINE PAPERS. 5 1 1
that by the late Determination of Your Majesty in Council for run-
ning the dividing Line between the said Province of the Massachu-
setts Bay and New Hampshire (should the said Line be run in the
manner in which the same stands now directed) all the said Line of
Frontier Towns will be wholly Cut off from the said Province of the
Massachusetts Bay to which they always apprehended themselves to
belong And the Government of which has been always ready to pro-
tect and defend them and the said Towns which are Yet unable to
defend themselves be exposed to be ravaged and the Inhabitants
Massacred by the Barbarous Salvages on the first Rupture with
them — New Hampshire (if it was near to 'em) being unable to assist
them But if it was able is too remote both the two great Rivers of
Connecticutt and Merrimack lying between some and Merrimack be-
tween all those Townships and New Hampshire so that New Hamp-
shire can be of no Support or Service to them nor they to New
Hampshire So that the Present Proprietors and Settlers of these
Towns after their great Expence Labour and Hazard must be forced
for their own Preservation and Defence to desert them and all fur-
ther proceedings towards the compleating the Settlements and finish-
ing of these Frontier Towns be prevented —
That the Proprietors and Settlers of most of the said Townships
have severally drawn up their most humble Petitions to Your Majesty
Setting forth the matters aforesaid And as all their Parents Brethren
Relations and Friends live in the Province of the Massachusetts Bay
They most humbly pray Your Majesty to take their distressed Case
into Your most gracious Consideration and that You will out of Your
Royal Grace and favour be pleased to unite them to Your said Prov-
ince of the Massachusetts from whence they Sprung and by whose
Assistance and Support they will in a short time be of Considerable
Service in defending the Borders of Your Majestys said Dominions
agreeable to the Original intention of their first Settlement Which
Petitions the said Townships have severally Impowered Your Peti-
tioner to lay before Your Majesty And Your Petr hath for that Pur-
pose annexed the same to this his present Petition and doth hereby
on behalf of the severall Proprietors and Settlers of the said Town-
ships most humbly lay the same before Your Majesty for Your Royal
Consideration
That Your Petr further begs leave in all humble manner to repre-
sent to Your Majesty that the several Townships of Goreham Tyngs
Town Lovells Town The Town adjoining to Contookcook The Town-
ship of Rowley Canada of Winchester of Lower Asheuelotts and Up-
per Asheuelot were all likewise Erected and Settled many Years
since under Orders and Grants from Your Majestys said Province of
512 PROVINCE OF NEW HAMPSHIRE.
the Massachusetts Bay made to the present Settlers and their Ances-
tors in Consideration of Services performed in Voluntary Expeditions
against the Indians and in other Respects and the better to increase
and extend Your Majestys Dominions and the Erecting and Settling
of which Townships have been begun Carried on and Compleated
with great Expence and Labour by the Settlers and Proprietors there-
of who in like manner with the Settlers of the said Line of Frontier
Towns and for the same Reasons had not the least Doubt or Appre-
hension but the Lands they were so improving were within and part
of Your Majestys said Province of the Massachusetts Bay upon whose
Assistance they entirely relyed and which they have always hitherto
had for their Protection and Defence But to their inexpressible Con-
cern should the said dividing Line be run in the manner in which it
is now directed all the said Townships would be totally Excluded
from the said Province of the Massachusetts Bay and the Settlers
and Proprietors thereof be utterly at a Loss where to apply for Suc-
cour and Relief in Case of a Rupture with the Neighbouring Salvages
of which they are in daily hazard and who will in all Probability fall
upon them in Case of a Rupture with France the Instant they shall
be apprized thereof in which Case they will be in the utmost danger
of being all cutt off or at least to their utter ruin driven from their
Settlements New Hampshire being unable to give them the necessary
Succour and Relief -The Inhabitants and Proprietors of the said last
named Townships have therefore severally drawn up most humble
Petitions to Your Majesty stating this their deplorable Condition to
Your Majesty and most humbly imploring Your Majesty out of Your
Royal Grace and favour to Unite them to Your said Province of the
Massachusetts Bay by whose Assistance they may be protected in
their present Possessions and Your Majestys Dominions be Increased
and Enlarged -Which Petitions the said Townships have likewise
severally Impowered Your Pet1' to lay before Your Majesty and Your
Pet1' hath for that Purpose annexed the same to this his present Pe-
tition and doth hereby on their behalf most humbly lay the same
before Your Majesty for Your Royal Consideration
That Your Pet1' further most humbly represents to Your Majesty
that the several Townships of Salisbury and Almsbury, Haverhill,
Dunstable Nottingham and Litchfield, Groten and Townshend have
been for a great number of Years past Erected and Settled some so
long since as the Year 1639 under Orders and Grants derived from
the Government of the Massachusetts Bay and from such their first
Settlement to this time have always been part of and belonged to the
Province of the Massachusetts Bay who have at great Expence pro-
tected and defended several of the said Townships particularly Salis-
BOUNDARY LINE PAPERS. 5 I 3
bury Haverhill and Dunstable which are Frontier Towns against the
Enemy for a long Course of Years and out of which Town of Salis-
bury the Town of Almsbury was taken in the Year 1668 and out of
the said Town of Dunstable the said Townshipps of Nottingham and
Litchfield have been since taken — And the Inhabitants and Proprie-
tors of all these Towns for the Reasons already humbly offered to
Your Majesty on behalf of the other Townshipps always had the
most firm Dependance on their being within and part of Your Maj-
estys said Province of the Massachusetts Bay by whom they have
been hitherto protected and defended But by the said dividing Line
should the same be run in the manner it now stands directed one
third part of the said Ancient Town of Almsbury and a Considerable
part of the more Ancient Town of Salisbury which was Settled so
long since as in 1639 And also the greatest part of the said Ancient
Town of Dunstable which was Settled in 1679 an(^ a^so °f the sa^
Town of Nottingham and the whole of Litchfield Town and also great
part of the Town of Haverhill which has been Settled so long since
as 1641 And also great part of the said Town of Groton and one half
of the said Town of Townshend (to the great Grief of the Inhabit-
ants and the danger of their Lives and Fortunes) will be entirely
Cutt of from that People from whom they Issued and upon whom
they have always depended for their Protection and Defence and
which has been always given them in the most ready and Effectual
manner whenever it has been wanted and be thereby left destitute of
all help and exposed to the Merciless Ravages of the adjoining Sal-
vages whenever they shall think fitting to Attack them New Hamp-
shire having Confessed their Inability to Protect them so long since
as the Year 1667 For tho by His then Majesty King Charles the 2ds
Determination in Council part of the said three Townships of Salis-
bury Haverhill and Dunstable fell to the Province of New Hamp-
shire They instead of Asserting gave up their Claim thereto to the
Colony of the Massachusetts Bay by whom they were then and have
been ever since protected from their Indian Enemies who would oth-
erwise have destroyed them or at least drove them from their Settle-
ment And the said Towns being thus intersected and divided their
Parishes also and their Religious Societies will be Split — Their
Churches or Houses for Religious worship with one part of a Parish
be left in one Province and the Settlement and Estate of the Minis-
ter with the other part of the Parish be in another Province to the
utter Subversion and Ruin of the said Parishes and Religious Socie-
tys unless Your Majesty in Your Royal Clemency and favour shall
grant them the proper and necessary Relief for which purpose the
Proprietors and Inhabitants of these last named Townships have sev-
514 PROVINCE OF NEW HAMPSHIRE.
erally prepared most humble Petitions to Your Majesty laying this
most Calamitous State of their Case before Your Majesty most hum-
bly intreating Your Majesty out of Your Royal Grace and Indul-
gence to Unite the whole of the said several Towns to the said Prov-
ince of the Massachusetts Bay that so they may for the future
Continue and remain one with them as they have hitherto been some
of them for One hundred Years past Which Petitions the said Town-
ships have severally impowered Your Petr to lay before Your Majesty
and Your Petr hath for that Purpose annexed the same to this his
present Petition and doth hereby on their behalf most humbly lay
the same before Your Majesty for Your Royal Consideration
And Your Petitioner most humbly prays Your Majesty that You
will be graciously pleased to take the said several Petitions together
with this Petition into Your favourable and Indulgent Consideration
And that Your Majesty will be graciously pleased out of Your Royal
Grace and favour to Unite all the said Townships to the said Prov-
ince of the Massachusetts Bay and that Your Majesty will be gra-
ciously pleased to give the proper and necessary Directions for that
purpose And that the said Inhabitants and Proprietors of the said
several Townships may have all such further and other Relief in the
Premisses as the nature and Circumstances of each Particular Town-
ship may require
And Your Petr as in strictest Duty bound shall ever Pray &a
Thos Hutchinson
[Haverhill Petition to King, 1740.]
[Copied from Archives of England.]
To the Kings most Excellent Majesty
The humble Petition of the Town of Haverhill in Your Majestys
Province of the Massachusetts Bay in New England
May it Please Your Majesty
The Ancient Town of Haverhill was situate on the North Side of
Merrimack River extending fourteen Miles upon the said River and
runs Northward into the Country inform of a Tryangle near 12 Miles
and was incorporated into a Township Anno 1641.
At that time the Governor and Company of the Colony of the Massa-
chusetts Bay depended upon their Charter from King Charles the Ist
of the 4th of March 1628 which gave them all the Land between
BOUNDARY LINE PAPERS. 51 5
Charles River and Merrimack all the Land within three Miles on the
South part of any and every part of Charles River and within three
Miles to the Northward of any and every part of Merrimack River
and all the Lands within those Limits North and South in Latitude
and Breadth and in Length and Longitude of and within all the
Breadth aforesaid throughout the Mainland there from the Atlantick
Ocean to the South Sea and understood that those Words gave them
all that Tract of Land which extends from three Miles South of the
Southermost part of Charles River to three Miles North of the North-
ermost part of Merrimack River in Latitude and from the Atlantick
Ocean to the South Sea in Longitude and therefore innocently made
the several Grants and Settled the Town of Haverhill accordingly.
When His Majesty King Charles the 2d in Council gave his defin-
itive Sentence upon their Northern Boundary that it should follow
the Course of the River so far as that went thereby a very consider-
able part of that Town was cutt off* and fell to the Province of New
Hampshire but the said Province left this Town to their Friends in
the Colony of the Massachusetts Bay whence they issued by them
only to be protectod from the Indian Enemies and the Inhabitants of
this Haverhill a Frontier Town with the loss of many of their lives
and great labour and travel assisted with Men and Money from the
Massachusetts defended and Maintained that Place against the Ene-
my for a long Course of Years the Inhabitants of New Hampshire at
that time not Claiming or Coveting any part of it
Afterward in the Year 1724 the General Court of the Province of
the Massachusetts Bay for the Conveniency of the Inhabitants divid-
ed this Town and set off a part thereof by the Name of Methuen —
And now may it Please Your Majesty by the late Settlement of
their Northern Boundary a very great part of Haverhill is again cutt
off from that People from whom they issued and by whom they have
been always Protected to the very great grief of their Minds and dan-
ger of their Lives and Fortunes.
And the said Town being thus divided Our Parishes also and Re-
ligious Societys are Split Our Churches or Houses for Religious
Worship with one part of the Parish are left in the Massachusetts
Province and the Settlement and Estate of one of Our Ministers and
part of Our Parishes are excluded from said Province to the utter
Subversion and Ruin of the said Parishes and Religious Societys un-
less Your Majesty in Your Royal Clemency shall grant us Relief
Wherefore they most humbly beseech Your Majesty of Your Roy-
al Gentleness and Goodness to indulge Your most humble and Duty-
full Subjects the Inhabitants of Haverhill and Unite their Town to
the Province of the Massachusetts Bay that they may remain one
with them with Your Majestys favour and Countenance
5 16 PROVINCE OF NEW HAMPSHIRE.
And Your Majestys most Loyal and Dutyfull Subjects shall ever
Pray &a
Nathaniel Peaslee in the Name
and by Order of the Inhabitants
of Haverhill
Be it known to all Men that I Nathaniel Peaslee of Haverhill in
New England Agent for said Town to prefer a Petition to his Majes-
ty respecting the dividing of said Town by the determination of the
Province Line do by these presents constitute and appoint my Trus-
ty Friend Thomas Hutchinson of Boston Merchant to be my Attor-
ney giving to him all that Power which I have received from the said
Town of Haverhill and hereby fully enabling him to appear and Act
for and in behalf of said Town respecting the determination of said
Line and presenting a Petition to His Majesty as fully to all intents
and purposes whatsoever as I myself might or could Do by Virtue of
the Power aforesaid in Witness whereof I have hereunto set my hand
and Seal Boston in New England 23d of October 1740
Signed Seald and delivered Nathaniel Peaslee
in Presence of [l. s.]
John Paterson
William Ogg
Suffolk ss. Boston October 23d 1740
Nathaniel Peaslee above named personally appearing acknowl-
edged the aforewritten Instrument to be his Act and Deed before
me John Quincy Jus. Pacs
At a Legal Town Meeting in Haverhill on September 29th 1740
By Vote Mr Nathaniel Peaslee the Present Representative is Chos-
en to Act in the whole Affair on behalf of the Town of Haverhill in
preferring a Petition to His Majesty upon the Account of the Diffi-
culties the said Town lyes under on the Account of the Province
Line
A true Copy taken out of Haverhill Town Book
Examined as Attest
John Eatton Town Clerk for Haverhill
Essex ss. Haverhill October 22d 1740
Mr John Eatton Town Clerk of Haverhill in the County aforesaid
took the Oath appointed by Law for the Office of a Town Clerk on
the 10th Day of March last Before
Joshua Bayley Jus Pacs
BOUNDARY LINE PAPERS. 517
[Order of Committee of Council on Hutchinson's Petition, 1741.]
[Copied from Archives of England.]
At the Council Chamber Whitehall the 9th of April 1741
By the Right Honourable the Lords of the Committee of Council
for Plantation Affairs.
His Majesty having been pleased by His Order in Council of the
19th of February last to referr unto this Committee the humble Peti-
tion of Thomas Hutchinson of Boston in His Majestys Province of
the Massachusets Bay Esqr humbly praying, that His Majesty will
be graciously pleased to Direct, that the several Townships com-
monly known by the name of the Line Townships, which, by the Line
Directed to be run by His Majesty's Order in Council of the 9th of
April 1740, will be cutt off from the said Province of the Massachu-
sets Bay, may be United to that Province — ■ The Lords of the Com-
mittee this day took the said Petition, together with several others
thereto annexed, from the said Townships into Consideration, and are
hereby pleased to referr the same to the Lords Commissioners for
Trade and Plantations, to examine into the said Petitions, and Re-
port their Opinion thereupon to this Committee. —
Temple Stanyan
[Bill of Expenses against N. If., 1741.]
[Mss. Prov. Boundaries, p. 163.]
The Province of New Hampshire in London D1
1738
March To fees & Sundry Charges Postage &c paid
the Last year ......
1739
July To Sundry fees at Plantation Office
Aug1 To fees at the Council & Plantation office
Septr To d° d° .
March To d° for Sundry Charges at sd Office & Post-
age
1740
Jany To Mr Dickenson at the Council office .
4:
10
—
6:
9:
10.
19:
18
1
6
7:
:i8
—
1.
1
5i8
PROVINCE OF NEW HAMPSHIRE.
March To Sev1 Small Charges & Postage of Letters
1741
for ys year
May To Several Small fees pd at the Offices &c
this year .......
To the Amo' of Mr Paris bill now Sent me
4. 3. 10
5:18. 15
964. 3. o
1026: 2: 8
Dr
1733
Octo
Novr
Jan.
Feb.
Mar.
1735
Mar
Sept
Octo.
Feb.
1736
May
Octo
Feb
1737
Mar
May
1738
Mar
1739
July
Aug1
Sept
\_J0J1n Thomlinsoir 's Account, 1741.]
[Mss. Prov. Boundaries, p. 195.]
Province of New Hampshire —
25 To M1' Popple at the Board of Trade .
6 To Cash paid Mr Paris
1 To Cash paid at the Plantation Office .
5 To Cash paid Mr Paris ....
6 To Cash paid at the Plantation office .
30 To Cash paid Mr Paris ....
23 To Cash d°
9 To d° d°
To Sundry small Charges at the Offices &c
To Cash paid at the Plantation Office .
To Cash paid Mr Paris ....
To d° d°
To the Officers at the Board of Trade & oth-
er Chargs ......
To the Ballance of Mr Paris's bill sent Me
To Fees & sundry Charges posta &c pd the
last Year ......
To Sundry Fees at Plantation Office .
To Fees at the Council & Plantation Offices
To d° d°
£3„ 4»» 6
26,, 5,,—
2, j 2,,
3O,,—,,—
6„ 4,, —
3ImIO„—
30, — „—
100,,— „—
6„ 2,, 6
2, j 2,,
52„IO„—
IOO„— „—
-
2„IO„ 6
.
23ij. 6„ 9
[4„io„—
6„io„ 1
9»» 1 9» 6
i,,i8„—
BOUNDARY LINE PAPERS. 519
Mar To d° for Sundry Charges at sd Offices &
postage I7,,i8,, —
1740
Janu To Mr Dickenson at the Council Office . i„ i,, —
Mar To several small Charges & post3 of Lettrs
for ys Year ...... 4,, 3,, 10
1 741
May To several small Fees pd at the Offices &c
this year ....... 5„i8,,io
To the Amount of Mr Paris's Bill now sent
Me 964,, 3„ 5
^1649,, 19,, 1 1
Contra Cr
By John Rindge's Acco1 for ye whole Am° . . 1649,, 19,, 11
London Septr 16th 1741 —
Errors Excepted ^ John Thomlinson
London Sept1' 18th 1741
I have Examin'd the Particulars of the Above Account In Mr
Thomlinsons Books and Mr Paris's Bills & find it to be Exactly right.
B Wentworth
[Gov. Belcher to Board of Trade, 1741.]
[Copied from Archives of England.]
May It Please Your Lordships
Since I had the honour of writing you last, I have been to New
Hampshire, & met an Assembly there, and Communicated to them,
Such New Instructions, as I had receiv'd from their Excellencies,
the Lords Justices, One respecting the future Emissions, of Paper
Currency, in that Province, the other for Carrying into Execution
the Kings Judgment, for Setling the Boundaries, betwixt this Prov-
ince, and New Hampshire, and I now send your Lordships the Pro-
ceedings, of that Session of Assembly, by which you will find, little
material done for his Majestys Service, or for that of the Province —
the Affairs of the Boundaries, being of great Consequence, to both
Provinces, Your Lordships will see, I urg'd upon the Assembly, the
520 PROVINCE OF NEW HAMPSHIRE.
making Sufficient Provision, for that Service; instead whereof they
would vote onely ^500 : which will not much more, than half com-
pleat the Work ; However I sent out Surveyors with proper Attend-
ants, on the several Lines, and am daily expecting their Returns,
and so soon as I receive them, they shall be transmitted to Your
Lordships —
As the Assembly would do nothing towards the Payment, of the
Publick Debts, or for the Support, of the Government, I judg'd it for
His Majestys Honour, and Service, to Dissolve them, hoping, the
next may better act up to their Duty —
I am, with great Respect my Lords
Your Lordships Most Obedient and Most Humble Servant
J Belcher
Boston May 6th 1741
Lord Commiss1"5 of Trade
[Gov. Belcher to Board of Trade, 1741.]
[Copied from Archives of England.]
May It Please Your Lordships
I wrote you yesterday, to which I humbly ask your reference, &
that you would give me leave, to lay before you, a difficulty arisen
upon the Construction, of His Majestys Judgment, respecting the
Boundaries, betwixt this Province, & that of New Hampshire- viz4
on the following words, "That the Northern Boiuidaries of the said
"Province of the Massachusetts Bay are & be a Similar Curve Line
"pursuing the Course of Merrimack River at three Miles distance,
"on the North side thereof beginning at the Atlantick Ocean, and
"ending at a Point Due North, of a Place, in the Plan, return'd by
"the said Commissioners, Call'd Pantucket Falls, and a Strait Line
" drawn from thence, due West, cross the said River till it meets with
" His Majestys Other Governments -Your Lordships will please to
observe that it is call'd the Northern Boundaries of the Massachusetts,
but not the Southern of New Hampshire, nor the Divisional Line be-
tween the two Provinces -from this, the People of both Provinces,
say, the Lands from the Northern Boundary of Massachusetts, till
they meet the Southern Boundary of New Hampshire, & so further
Westward, are not under any Jurisdiction or Government, nor can
the Lands, already ungranted, between those Lines, be Granted for
BOUNDARY LINE PAPERS. 521
the Incouragement, of New Settlers -if the matter therefore remains
thus, it may soon produce Disorders, & Confusions, among the Kings
Subjects, now setl'd upon some parts of those Lands, who look upon
themselves, in a State of Anarchy -as His Majestys Order, which was
the foundation for the Commission of making the late Settlement of
the Boundaries, declared, the matter was not to affect Property, but
Jurisdiction onely. I should be glad to know, His Majesty's Pleas-
ure, as to the Jurisdiction of all those Lands, and as to the Grant,
of Such of them, as have not already been Granted either by the
Government, of the Massachusetts Bay, or that of New Hampshire,
I mean whether they are to be annext to either Province, or still to
remain by themselves, for His Majestys further pleasure, this diffi-
culty, My Lords, seems to spring with the more force, from the very
different wording, of the Judgment, from that of the other Boundary
where it is said "And as to the Northern Boundary - between the said
" Provinces,ih.Q Court resolve and determine, that the Dividing Line
"shall pass &ca, and again, that the Dividing Line shall part the Isles
" of Shoals &ca and that the S° Westerly part of said Islands, shall
" lye and be accounted part of the Province of New Hampshire, and
" that the N° Easterly part thereof shall lye in, and be accounted part
u of the Province of the Massachusetts Bay &c*
I humbly pray of Your Lordships, that I may be set right, in this
matter, by His Majestys Royal Explanation to which I shall dutifully
conform myself, so far as it may concern me
I have the honour to be with much Respect My Lords
Your Lordships, Most Obedient Most Humble Servant
Boston May 7th 174 1. J Belcher
Lords Commissrs of Trade
[Account of Ferd. John Paris, 1741.]
[Mss. Prov. Boundaries, p. 193.]
John Thomlinson Esqr, of London Merchant, for John Rindge
Esqr, Agent for the Publick of the Province of Newhampshire, on
the Affairs relating to the Bounds between New Hampshire & the
Massa Bay, is, to Ferdinando John Paris — Dr
1737 April 27. To my Bills delivered to him, to this
Day — . . . . . . 631. 16. 9
1 741, May 31. To my Subsequent Bills, to this
Day — 964. 3. Si
^1596. 0.2^
34
522
PROVINCE OF NEW HAMPSHIRE.
Per
Contra
By Cash received on Account Viz1
1732 April
1734 Novr
Febr>-
20. OfMrRindge— .
6. Of Captain Thomlinson
5. Of D° —
1735 May
Sep1
Octr
31. OfD° —
22. OfD° —
9. Of D° —
•
1736. Octr
22. OfD° —
Feb'ry
17. Of D° —
.
1738 Octr
1739. Novr
27. Of D° —
6. Of D° —
•
Feb:
7. Of D° —
1 74 1. May 31. Ballance due to Ferd. John Paris
30.
26.
5.0
5.0
30.
3i-
0. 0
10. 0
30.
100.
0. 0
0. 0
52.
10. 0
100.
0. 0
42.
105.
0. 0
0. 0
105.
0. 0
652. 10. o
943- IO. 2|
London 31 May 1741
Errors Excepted
^1596. o. 2\
Ferd John Paris
\_Gov. Belcher to Richard Hazzen, 1741.]
[Mss. Prov. Boundaries, p. 191.]
Sir/ I duly receiv'd Yours of 27 : Ult1, & this day yours, of 23d
instant, by hand of Your Son, with the Piatt & Journal, — I see, You
had an exceeding fatigue, but you have gone thro, & done it, to the
Service of this Province, (whose Northern Boundary the King calls
it) & to your own honour — a Warrant for ^250 : lyes ready for you,
with Mr Sec'ry Waldron, which you may receive as soon as your
Journal & Plan are sworn to — In the mean time, send this Letter to
Mr Sec'ry Waldron, that he may know, I desire him, to pay you, one
hundred & fifty Pounds, in parts, & send your Receit, to him for that
Sum ; — I shall be glad, to see you, in town, as soon as your health
will allow, and am, Sir
Your Assured Friend
Boston May 25, 1741. J Belcher
I fancy, the Malefactors will soon be Sick
Mr Hazzen
BOUNDARY LINE PAPERS. 523
Draft of Proclamation by Gov. Belcher, 1741.]
[Mass. Archives, Vol. 64, p. 91.]
Prov. of the Mass. Bay
By His Excellency the Govern1"
Whereas I have, in pursuance of His Majestys Special Order to
me for running and marking out the Boundary Line between this
Province & the Province of New Hampshire on the North Side of
Merrimack River appointed George Mitchell Esqr to be the Sur-
veyor for effecting that Work ;
I do hereby require all Persons whatsoever through whose Proper-
ties the said Line may be found to run to permit the said George
Mitchel to pass over their said Lands with the Persons by him em-
ployed & the Instruments of Survey & not to give him the least Mo-
lestation in this or the sd Business but on the contrary all necessary
Aid & Assistance
Given under my hand at Boston the first day of June 1741. In the
fourteenth year of his Majesty's Reign
[Thomas Hutchinson to Secretary Willard, 1741.]
[Mass. Archives, Vol. 25, pp. 1-6.]
Mr Secretary
Sr As the Business I am upon is of some concern to the Publick,
as well as to the persons by whom I am immediately employd I
think it my duty to inform the Honble Court of the progress & pres-
ent state of it.
Upon my arrival here I made application to several Lords of the
Council & acquainted them with the Contents of my petitions, and I
met with nothing that forbad or discouragd my preferring them. I
therefore took the first opportunity to do it & they were referr'd to a
Committee of Council ; but by reason of Lord Presidents being un-
able to attend Committees I was kept three or four months waiting
in expectation of their being consider'd. > At length they were re-
ferr'd to the Board of Trade, which being the constant practice it was
not possible to prevent ; but the Lords Commissioners being in the
Country at their Elections there was no Board for near six Weeks.
Before this time expird his Majesty was pleas'd to appoint a new
524 PROVINCE OF NEW HAMPSHIRE.
Governor for the Prov. of N. Hampshire, and although I made pri-
vate application (a publick one being judg'd inconvenient) & pray'd
that the Commission might be suspended till these petitions were de-
termind, yet it was immediately resolv'd that the words of it should
run agreeable to the Order of Council for settling the Massachusetts
boundary, & Ld President condescended to give me this reason for
it, That there was an absolute necessity the Petitionors should imme-
diately be included in one Governm* or the other, and if they were
comprehended in the N Hampshire Commission, should it appear
convenient, they might at any time hereafter be taken off, but should
they be granted to the Massachusetts no alteration could be made as
they were a Charter Government
I attended the Board of Trade several times & met with ev'ry
thing that was discouraging, & tho' the Case was represented as a
matter of Favour to the Petitioners only, yet the New Hampshire
Agent endeavour'd by ev'ry possible Artifice to possess the Board
that it was not these particular Inhabitants but the Massachusets
Province which would receive the advantage if these petitions should
be granted Their Ldships insisted on my producing more exact
proofs how the Towns would be affected by the line determin'd, than
it was possible for me to do until it should be exactly run & a plan
could be produc'd, and therefore I desir'd the consideration of the pe-
titions might be deferr'd & offer'd to risque the Success of the whole
upon the failure of any one material Fact which was alledg'd ; but yet
in a very few days their Lordships were pleas'd to report, That they
not only had not receiv'd a satisfactory proof of the Allegations but
that in case they had receiv'd it yet it did not appear how the Peti-
tioners security could in any wise be affected by their being annexd
to New Hampshire and therefore they could not advise his Majesty
to grant the prayer of the petitions. The New Hampshire Agent
upon this mov'd to the Lords Committee to take the report into con-
sideration but I pray'd for time to produce such proofs as the Board
of Trade had judg'd necessary & in this I was indulg'd &, it being
calld an affair of importance, the consideration of it was deferr'd till
the vacation be over & I was directed in the mean time to prepare
the necessary proofs. I immediately wrote over to the persons con-
cern'd to be providing the proper Evidences which I think there is
room to hope may be sufficient to induce their Lordships to report in
favour of the petitions of those Towns which are intersected by the
running of the Line but for the new Townships which are wholly ex-
cluded I have not the least expectation of any Success. I have tak-
en ev'ry step that I could do in order to procure an Instruction to
the Governor of New Hampshire for quieting all persons in their pos-
BOUNDARY LINE PAPERS. 525
sessions who had recd Grants from the Massachusets, unless I had
publickly petitiond for it which I thought would not be prudent, but
as his Instructions are not yet gone from the Board of Trade I can-
not tell how far I succeeded.
I expect it will be another year before this Affair can be finish'd
and as the Expence of my attendance here must be more than equal
to any further Service I can do since all who are concern'd are as
fully possess'd of it as they can be from me I think it will be most
approv'd of that I should return home which I purpose to do by the
first opportunity & shall leave the Affair to the care of Mr Eliakim
Palmer who has been acquainted with all the steps I have taken in it
& has a better Interest here than any other person I could leave it
with
I am with the greatest respect & deference to the Honble Court
Their most Humble & Obedient Servant
London 31 July 1741 Thos Hutchinson
\_Report of Massachusetts Committee on Petition of Jo Jin Varnum.~\
[Mass. Archives, Vol. 6, p. 24.]
The Comitte appointed on the Petition of John Vernum of Dracutt
Have taken ye Same under Consideration, and apprehend That for
Ending the Difficultys mentiond in sd Petition and all Difncultys of
y* sort In Any other Towns within ye Province Bordering on the
Province of New Hampshire a Comittee be appointed by the Gen
Court to Goe into the sd Several Towns & Enquire what Number of
Poles & Ratable Estates is taken off from this Province by the Line
Lately Run betwixt sd Province, & Make Report thereof to this
Court as soon as may be, & That in the mean time the Constables of
Dracott & Notingham mentiond in sd Petition be Releassed from
Charleston Goal
All wch is Humbly Submitted by Jn° Cushing ^ order
[Rough Draft of Massachusetts Proclamation to Quiet Disturbances
on Boundary LineJ]
[Mass. Archives, Vol. 5, p. 121.]
Whereas this Governm1 is inform'd that His Majesty has been
pleased with the Advice of his most Honble privy Council so far to
526 PROVINCE OF NEW HAMPSHIRE.
determine the Controversy between this Province & the Province of
New Hampshire as to order & state the Northern Boundary of this
Province ; But for as much as His Majestys Order in Council is not
yet arrived nor certainly known so that no Proceedings can be had
thereon ; And it being of great Importance that Peace & good Order
may be preserved among the Borderers on the said Line ;
I have therefore thought fit with the Advice of His Majestys Council
to issue this Proclamation Hereby Forbidding all His Majestys Subjects
within this Province that border on the said Boundary Line & all
others concerned from giving any Disturbance to His Majestys Sub-
jects of the said Province of New Hampshire, & of Disputes in the
quiet Possession of the Lands they have hitherto held & Requiring
them to behave peaceably & to use their utmost Endeavours to pre-
vent all manner of Disputes & Contentions relating to the said
Affair, That so things may remain in the same state as hitherto till
His Majestys Pleasure be known & his Commands be put in Execu-
tion in the regular Man[ner] he shall direct
[Vote of N. H. House, 1 741/2.]
[Mss. Prov. Boundaries, p. 177.]
In the House of Representatives
Voted/ That all those Charges & Expences Relating to the dis-
pute about the affaire of the Lines ; and of Mr Agent Thomlinson in
Great Brittaine be now bro* in to be Audited
Janr 21 : 1741 — J Jeffry Cler Assm
[George Mitchell's Account, 1 741/2.]
[Mss. Prov. Boundaries, p. 181.]
1 741 Province of New Hampshire Dr
To Geo: Mitchell Surveyr appointed to Run
Bounds between sd Prov: &c, being 1 1
Days on that Service @ 45/ ^ diem . ,£24,, 15,, —
BOUNDARY LINE PAPERS. 527
To Service of 4 Men employed on same
Work 12 days @ 14 *§ diem . . . ^33„i2„ —
Paid Benja Smyth as an Assistant . . i,,i6„ —
Paid 2 Men to Ferry us over the Creeks . 15 —
1741 Contr
March 16th Cash received by G. Belchers Warrant
30th Ditto
May 18th Ditto
60 „
18,,
Cr
'I2„
I2„
4„
—
35»
19
60,,
3
—
—
iS».
—
Balle
6o„i8„—
The Above is Copy of an Acco1 Did to Govr Belcher & Sworn to
before Heny Sherburn Esqr
E E at Portsmouth 6th Feb^ 1741
$ Geo: Mitchell
In the House of Represent
Past & allowd 15/ Balla N° 2 James Jeffry Clr asm
\George MitcJieWs Account, 1 741/2.]
[Mss. Prov. Boundaries, p. 178.]
His Majestys Province of New Hampshire ■ — D1
1 741
June 29th To George Mitchell surveyor, Appointed
to run Bounds between said Province, &
The Massa Bay, being employed 18 days
on that Service, @ 45/ ^ diem for him-
self & Horse, as ^ Agreement with
Govr Belcher ^40„io„ —
To 40 days, said Mitchell was closely em-
ployed on the same Service at his House
@ 5/ 10,,— „—
528 PROVINCE OF NEW HAMPSHIRE.
Horse Hire to Bostn & Expences on his
Journey on the Aforesaid service . . £ 5,, — „ —
To a Plan dvd to His Excels G. Wentworth
&c. with a Box Contain^ the Same . 10,, — „ —
To a Copy of said Plan to be entered in
the Secrety Office ..... 10,, — „ —
To a Voyage the said Mitchell made to An-
napolis on Acco1 of the Province, Omit-
ted in a former Accot .... 10,, — ,, —
To 4 Men employed in Riming the Line 19
days @ 14/ f! diem Sworn before The
Govr & Council ..... 53,, 4,, —
Sworn be- ) Benja Smyth employed 19 days @ D° . 13,, 6„ —
fore Jas > Caleb Swan employed 17 days @ D° . ii„i8„ —
Bayley Esqr ) Ebenzr Shaw 11 days («|D0 . . . 7,, 14,, —
;£l7l„I2„ —
1 741 Contr Cr
May By Cash received by Warrent from Govr
Belcher towards carrying on the Work,
wch was all the Money left in the Treas-
ury for Runing the Line . . . ,£50,, 1 1„ —
Ballc 121,, i„ —
I7I„I2„ —
Portsmouth New Hampshire Ist ffebruy 174 1/2
E. E. f Geo: Mitchell
ffer the 12th 1 741 In the House of Representatives
the within accompt and also Sd Mitchells accompt N° 2 be allowed
and the Ballance of both accompts being £121,, 16,, be paid —
James Jeffry Cler Assm
In Coun1 Feb: 18: 1741.2
Read and Concurr'd R Waldron Sec17
Feb: 18: 1741.2 Assented to B Wentworth
BOUNDARY LINE PAPERS. 529
[Cyprian Jeffry ' s Account, Ij^il2.~\
[Mss. Prov, Boundaries, p. 182.]
Dr Province of New Hampshire to Cyprian Jeffry —
£$„ —
1737
July To going to Anopolus for the Commissioners
to settle the Bowndaris of the Province
Aug8t 10 To my attendance att hampton & Salsbury 1
on the Commissrs with my Chain & Com- > 3,,
pass 3 days @ 20/ ^ Day. — . )
To horse hire to Ditto 20/ — . . . i„
23 To the Draught of Newichawanick river from ^
ye head of Dover line to where Lovel Killd \
ye ten Indians By order of the Commission
. } 10,,—
ers — . . . . . . J
To my attendance att Hampton with it 4 Days
@ 12/ f 2,, 8„ —
To horse hire to Ditto 12/ — . . . . 12,, —
To 4 Days Measureing & Draughting Newich-^
awanick river from ye head of Dover line > 4,, —
to Quompheagon ^ ordr of ye Commissrs J
To 2 Chain men 3 Days @ 8/
V Day Each . . £2,, 8„ —
To 1 man one Day to Clear ye
bushes @ 8/ . . . „ — ,, 8„ —
To 1 qul rum 3/ bisquit 1/ to
Carry in the woods . . ,, — „ 4,, —
To 3 mens Dinner att Lords — ,, — ,,7,, 6
To 3 mens Lodging 2/ Supers
4/6 — „ — „ 6„ 6
To 4 mens Brakfast 8/ —
To 4 mens Suppers 8 & Drink
3/- • ... • •
To 3 men Lodging 2/ —
To 3 mens Victuals & Drink
9/— • . • • ■ • „ — „ 9,,—
To Conew hire 3 days 3/ — . ,, — „ 3,, —
5- 7»
days @ 20/
To horse Hire to Ditto 20/ — . . . r„ — „ —
^37„ 7„ —
30 To my attendance att hampton with my^
Draught & going to Salsbuary with my !
Chain & Compas with the Comissioners 5 [
530 PROVINCE OF NEW HAMPSHIRE.
Cr
1737
Augst 5 By Cash received of John Rindge Esqr as ^
my receipt 60/— £3»~
Ball'1 Due to Cyprian Jeffry — . . . . 34,, y„
^37 7
Portsmouth New Hampshire Septemr ye 15th 1737
Errors Excepted ^ Cyprian Jeffry
allowed to be pd ^23, ,3,, —
ffer 12th 1 74 1 In the House of Representatives
allowed of the within accompt to be paid the sum of ,£23, ,3,, —
James Jeffry Cler Assm
In Coun : Feb : 18, 1741.
Read and Concurr'd R Waldron Sec^
Feb : 18 : 1741 Assented to B Wentworth
[Committee to Settle with Massachusetts, 1 741/2.]
[Mss. Province Boundaries, p. 189.]
In the House of Representatives Mar 24th 1741
Voted/ That Messrs Thomas Packer and Mr Jotham Odiorn be a
Committee of this House to Joyne Such as the Honble the Council
Shall appoint to make up & Settle the accompts with the Province
of the Massachusets Bay for the Charge of the Commission & the
Commissrs and other Charges on the Settlement of the Boundary
Lines, according to his Majties Judgmt& final Determination in Coun-
cil, And to receive all Such Sum & Sums of Money as are due, &
upon receipts Legal acquittances & discharges to give in behalf e of
the Government of New hampshire, & what Money they receive
Shall be put into the Treasury, and there to lye until it be Ordered
out by the General Assembly And his Excels is hereby desiered to
Write to and Recommend the affaire thereof to his Excelly Governr
Shcrly Earnestly to Expedite the Same
James Jeffry Cler Assm
In Council March 24th 1741
the above Vote Read & Concurr'd & Voted that George Jaffrey &
Theodr Atkinson Esqr be a Comittee from the Board to Joyne the
BOUNDARY LINE PAPERS. 531
Comittee of the House in the affair aforesd any three to be a Quo-
rum Theodore Atkinson Secry
Eodm Die In the House of Representatives
the Vote of Council Read & Concurrd
James Jeffry Cler Assm
March 27th 1742 Assented to B Wentworth
\Report of Committee on New Territory Acquired from Massachusetts,
1742.]
[Mss. Corr. Vol. 1, p. 161.]
Province ) Acco" the Travels of the Committee Appointed by the
New hampr \ Act of the Goverm1 for Veiwing the New Districts
ffalling into this province Lying to the Northward & Eastward of the
Boundary Lines Between this provs and the Massa Bay, & for quali-
fieing ye Officers in the Same
Apr 19th Wee of the Committee Opened the Meeting att a place
called Loggin plain att the Meetinghouse there Between Sailsburry
and Amsburry — being by Information about 28 miles Distant from
Court
Voted mr Ezekiel Morral Moderator Ruben Dymond Clerk
Sam11 Smith ~)
W» RoweTS L Select" 1 £uttj.ng ffever j Collectors
T _ n men j Ezekiel Morral
Jona Curnour | > ]
Abraham Brown J
Apr 20th Wee proceeded to Haverhill & Opened the Meeting att
the Meeting house there, Distance by way of Kingstown by Informa-
tion 18 Miles —
Voted Col0 Saltinson [Saltonstall] Moderator Caleb Page Clr
Nich0 White ^
Jn° Watts s GeQ Li j ,
Daniel Little \ Selectmen f JP ^ * ^ \ Collectors
ru - 4. u t» 4/1 4.4. Thos Hale \
Christopher Bartlett ' }
Thos Follingsbee
Apr 21st Wee proceeded to Methuen and Opened ye meeting att
the Meetinghouse there Distance from Haverhill 8 Miles —
532 PROVINCE OF NEW HAMPSHIRE.
Voted mr Henry Sanders Moderator, John Ober, Clerk —
Dan1 Peassley | g j , N fal Woodburry *
Isaac Cloiio-h V >r, r A J > Collectors
Tj c i ( men j Ebenr Avers — I
Hen : Sanders ) J J
Apr 22d Wee proceeded to Notingham [Nottingham West, now
Hudson] Opened the Meeting at the Meetinghouse there Distance
from Methuen 12 Miles by Information
Voted : Cap1 Henry Baldwin Moderator : Hen : Baldwin Clerk —
Cap1 Hen : Baldwin ) o i )
Zechus : Lovell > [ Thos Gage Collector
t o c ( nien \ &
Jn° Snow — ) '
Apr 23d ffrom Notingham wee proceed to Merrimack River and
fferried over to Dunstable Distance from Notingham 5 Miles Opened
the Metting there
Voted Jos Blanchard Esq1" Moderator : Abraham Taylor Clerk
Abra : Taylor "^
Thos Harwood I c 1 4. •> t? u xj <. ,
c 11 /- Select / Enoch Hunt ^ „ .
Sam" Cummgs } R p fc Collectors
Jona Lovell ] '
Jos : Blanchard Esqr J
Apr 24th Wee proceed to Leachfeild Opened the Meeting att the
Meetinghouse there, Distance from Dunstable 10 Miles
Voted mr Jacob : Hildreth Moderator, Jacob Hildreth Clerk
Sam11 Cochran ) c 1 \
John Usher > | Alexr Caldwell Collector
Jacob Hildreth ) men '
Apr 27: Wee proceeded to Penny Cook alias Rumford and Opened
the Meeting there. Distance from Leachfeild by way of London
Derry 42 by Information But Direct by Amiskeek 34 —
Voted Cap1 Ebenr Eastman Moderator: Benja Rolf Esqr Clerk
Capt Ebenr Eastman ) o 1 )
Benja Rolf Esqr [ ^^ Geo Abbott; Collector
Jeremiah Stickney ) '
ffrom penny. Cook, alias Rumford wee proceeded to the upper
End of Contocook to Take a Veiw of Said Town, Distance from
Rumford 10 Miles -by Information Where is Settled 25 ffamilies.
and from thence wee proceeded to Canterbury & through the Same
Twelve Miles./
Persuant to the Act of Govern^ aforsaid wee the Subscribers being
the Committee Appointed to call the aforesaid Several Meetings,
BOUNDARY LINE PAPERS. 533
Did Sware the Several aforesaid Officers to the ffeaithfull Discharge
of their Several Officeses and Was upon Said Service out and home
thirteen Days att 30/ *$ Day for the three Commit- 1
tee Men Each ...... J .£58-10- o
The Charge of Sending a man to put up the Several
Notifications in the New Districts and the procla-
mations for the ffast to Each of the aforesaid Dis-
tricts £7- o- o
To the Several Notifications and Coppys . . ~)
To the Piloting from Town to Town the Committee V £65 : 10 : o
have Discharged ...... J
Ebenr Stevens
Richard Jannes
Geo Walton
In the House of Representatives June 26-1742.
voted/ the above Return'd be recd and the accompt allowed and
what is unpaid to be paid out of the Publick Treasury — this to be in
full James Jeffry Cler Assm
In Council Eodem Die Read & Concurrd
Theodore Atkinson Secry
Eodem Die Assented to B Wentworth
Warr1 the 16 August 1742 Dd Mr Stevens —
[Governor's Order about Payment of Ministers Salaries, 1742/3.]
[Mss. Corr., Vol. 1, p. 155.]
Province of New Hampshire Portsmouth Jan^ 31 1742
It haveing been Represented to His Excellency that many of the
Inhabitants Resideing on the Kings Lands, Since His Majesty has
been pleased to determine the boundarys between this Province &
the Massachusetts Bay, have Refused to pay their taxes towards the
Support of their Ministers, Alledging that there is no Law of the
Province to Oblige them thereto ; I am therefore by His Excellencys
Command to inform the Respective Inhabitants, that it will be very
agreable to The Governor, that you & Each of you, who have been
delinquent on that Occasion, do forthwith comply with your Obliga-
tions in regard to the payment of your Ministers, as a Contrary be-
haviour will Incur his Excellencys displeasure
By His Excellencys Command
534 PROVINCE OF NEW HAMPSHIRE.
To the Several Inhabitants on the Kings lands in New Hampshire
Coppys Dilivered to Mesrs Ashley & Bacon ministers at Winches-
ter & Ashuelot on Connecticut
[Action on Petitions of TJwmas Hutchinson and Town of Dracitt,
•746.]
[Mss. Prov. Boundaries, pp. 196-199.]
[Seal.] At the Court at Kensington
the 28th day of May 1746
Present
The Kings most Excellent Majesty
Arch Bishop of Canterbury Earl of Harrington
Lord President Viscount Torrington
Lord Privy Seal Lord Cornwallis
Lord Steward Lord Bathurst
Lord Chamberlain Lord Hobart
Duke of Bolton Lord Monson
Duke of Argyll Lord Sandys
Duke of Newcastle Mr Vice Chamberlain
Earl of Chesterfield Sir William Yonge
Earl of Cholmondeley Sir John Norris
Earl of Stair William Pitt Esqr
Upon reading, at the Board, a Report, from the Right Honourable
the Lords of the Committee of Council for Plantation Affairs, dated
the 26th of last Month, in the words following, — Viz1
" Your Majesty having been pleased, by Your Order in Council, of
" the 19th of February 1740, to referr, unto this Committee, the Pe-
tition of Thomas Plutchinson, of Boston, in Your Majestys Prov-
" ince of the Massachusets Bay in New England, Esqr, together with
" Sundry other Petitions thereunto annexed, from the Proprietors
"and Setlers of several Towns, and Townships, which, by Your Maj-
" estys late Determination in Council, for running the Dividing Lines
" between the said Province of the Massachusets Bay and Your
" Majestys Province of New Hampshire, the Petitioners alledged
" were, either intersected, or quite cut off, from the Province of the
" Massachusets Bay, from which Province (as alledged by the said
" Petitions) the Petitioners originally Sprung, and had depended for
" Protection and Defence ; And praying Your Majesty to Unite all
BOUNDARY LINE PAPERS. 535
the said Townships to the said Province of the Massachusets Bay,
and to give the proper and necessary Directions for that purpose,
Their Lordships thought proper, on the 9th of April 1741, to referr
the said Petitions to the consideration of the Lords Commissioners
for Trade and Plantations, which Lords Commissioners, on the 12th
of June 1 741, reported, that they had heard the said Hutchinson, in
behalf of himself and the other Petitioners, in Support of the said
Petitions, and further reported that those Petitions related to Three
different sets of Townships, granted and Settled at different times,
and some of them since Application had been made to Your Maj-
esty for Settling the Boundarys between the Provinces, That Mr
Hutchinson did not give the said Lords Commissioners any Satis-
factory Proofs, in Support of the Allegations of the said Petitions,
nor Shew, by any Authentick Plan, in what manner the Line, di-
rected to be run by Your Majestys Order in Council, would inter-
sect any of the said Townships, nor, if it did, how it would affect
the Petitioners Security, or be any way Detrimental to them, That
the said Lords Commissioners were informed Your Majestys said
Order in Council, and Instructions thereupon to Your Governor,
had not, even then, been complied with, and, in all probability, had
not been received in the said Provinces when several of those Peti-
tions were Signed, That, for those Reasons, the said Lords Com-
missioners were of Opinion that the said Application was improper,
and forasmuch as the Allegations, contained in the said Petitions,
had not been made out, before them, they could not advise Your
Majesty to comply with the Prayers thereof, — And Your Majesty
having been pleased, by Your Order in Council, of the 9th of May
1744, to referr, unto this Committee, another Petition, of the In-
habitants and Proprietors of the Town of Dracutt, Setting forth,
That, by Your Majestys said former Determination, for Settling
the Boundarys, great part of that Town, also, would be excluded
from the Province of the Massachusets Bay, and praying that as
much of their Town, as by the aforesaid Line was taken from the
Province of the Massachusets Bay, might be reannexed thereto,
— The Lords of the Committee, on the 3d of December last, and
again, on this day, proceeded to take the matter of the said several
Petitions, and of the said Lords Commissioners Report, into their
Consideration, and heard, as well the several Petitioners, as the
Agent of Your Majestys Province of New Hampshire, by their
Counsel, upon the same, And Do, upon the whole, humbly agree to
Report, as their Opinion, to Your Majesty, that, for the reasons
contained in the aforementioned Report of the Lords Commission-
ers for Trade and Plantations, it is not adviseable for Your Majesty
536 PROVINCE OF NEW HAMPSHIRE.
" to comply with the Prayers of the said Petitions, but that the same
" should be Dismissed, —
His Majesty, this day, took the said Report into Consideration,
and was pleased, with the Advice of His Privy Council, to Approve
thereof, and accordingly, to Order that the said Petition, of Thomas
Hutchinson, together with the Sundry Petitions thereto annexed,
and also the Petition of the Inhabitants and Proprietors of the Town
of Dracut, Be, and they are hereby, Dismist this Board —
W Sharpe
[Report of Attorney and Solicitor Generals ■, 1752.]
[Mss. Prov. Boundaries, pp. 200-206.]
New. Hampshire.
State of the Case with respect to certain Townships and Tracts of
Land granted by the Governments of the Massachusets Bay and Con-
necticut in New England, which Townships and Tracts of Land, are
now Part of the Province of New Hampshire by the Determination
of the Boundary Line between that Province and the Province of the
Massachusets Bay in the Year, 1738.
Disputes having for a long time subsisted between the Provinces
of the Massachusets Bay and New Hampshire with respect to their
Boundaries ; in 1733, a Petition was presented on Behalf of the Prov-
ince of New Hampshire, praying that Commissioners might be ap-
pointed to ascertain the Boundaries.
Upon Hearings of both Parties before the Attorney and Solicitor
General, the Board of Trade and the Council, His Majesty was
pleased by his Order in Council the 9th Feb'ry 1736, to direct that a
Commission should be prepared and pass Under the great, Seal, au-
thorizing Commissioners to mark out the dividing Line between the
Provinces of the Massachusets Bay and New Hampshire, giving Lib-
erty to either Party therein who thought them Selves aggrieved to
appeal therefrom to His Majesty in Council. In Pursuance of His
Majesty's said Commission Commissioners met and reported their
Determination specially, upon which both Provinces appealed to His
Majesty in Council, and afterwards their Lordships reported to His
Majesty, as their Oppinion that the Northern Boundaries of the Mas-
sachusets Bay are and be a similar curve Line pursuing the Course of
Merimac River at three Miles Distance, from the North Side thereof,
beginning at the Atlantic Ocean and ending at a Point due North, of
BOUNDARY LINE PAPERS. 537
a Place in the Plan returned by the said Commissioners called Pan-
tuket Falls, and a S freight Line drawn from thence due West, cross-
ing the said River till it meets with His Majesty s other Goverments,
and that the rest of the Commissioners said Report, or Determina-
tion be affirmed by His Majesty ; In 1738, His Majesty was pleased
with the advice of his Privy Council to approve of their Lordships
Report, and to confirm it accordingly, in Consequence whereof the
Line has been mark'd out.
In the Years, 1735. and 1736, while the Appeals from both the
Massachusets Bay and New Hampshire were depending before His
Majesty the General Assembly of the Massachusets Bay granted
above thirty Townships between the Rivers Merimac and Connecti-
cut, which Townships upon the running of the Boundarv Line in
1738 fell within the Province of New Hampshire. The Conditions
of these Grants were that the Grantees should settle the said Town-
ships within 3 years after the date of their respective Grants, but this
Condition has been performed by very few, if by any of the Grantees
no Obligation to pay Quit Rents or a Reservation of Pine Trees fit
for the Service and Supply of His Majesty's Navy, are inserted in
any of these Grants, altho' no Grant ought in good Policy to be made
of any Lands in any Part, of North America without both these Pro-
visions which have been thought of so much Importanance and so
absolutely necessary for the publick Service that Mr Wentworth His
Majestys Governor of New Hampshire was particularly instructed in
the Year, 174.1, never to pass any Grant of Lands, without enjoining
express Conditions of Cultivation the Reservation of Quit Rents, and
the Preservation of such Pines, as are of Size for the Use of His Ma-
jesty's Navy.
There are also, about 60,000 Acres of Land situated on the West
Side of Connecticut-River which were purchased by private Persons,
from the Government of Conecticut, to whom that Land had been
laid out, by the Government, of the Massachusets, Bay, as an Equiv-
alent for two or three Townships which the Massachusets Bay, pur-
chased from Connecticut Government ; This Tract of Land by the
Determination of the Boundary Line in 1738, is become a Part of
New Hampshire, but the Proprietors of it are subject to no Condi-
tions of Improvement and the Land lies Waste and uncultivated.
Question.
Whether the Crown can resume the Lands granted by the Prov-
ince of the Massachusets Bay, under Condition of Cultivation, those
Lands being now become a Part of New Hampshire by the running
of the Boundary Line in 1738, in Cases where the Proprietors have
35
538 PROVINCE OF NEW HAMPSHIRE.
not performed the Condition of their Grants, and if the Crown can
what is the most advisable and regular Method of making such Re-
sumtion ? Whether, in the Case of the Lands granted away by the
Province of the Massachusets Bay to particular Persons without any
Condition of Cultivation, the Crown can now, inforce the Proprietors
of such Lands to cultivate them or oblige them to take these Lands
under new Grants upon the said Lands being made a Part of the
Province of New Hampshire by the Determination of Boundary Line
in 1738?
We are clearly of Opinion the Crown may resume the Lands grant-
ed on condition of Settling within three Years, where there has in
fact been no Settlement
With regard to Lands granted by the Massachusets Bay, without
any such express condition where there has been no Settlement as
they appear now to have been no part of that Province, their grants
are in themselves void, as against the Crown ; and there appears no
ground to Support them, but on the foot of the direction which we
find to have been given in an order of Council of the 22cl of January
1 735, when the Commission for, marking the Dividing Line between
the two Provinces was first directed, Viz, That due care should be
taken that private property might not be affected by it, We do not
find that this direction was continued either in the order of the 9th of
February, 1736, on which the present Commission issued, or in the
Commission it self, or that, the Commissioners have in their report
taken notice of any such Private rights, or that they are saved in the
final Order, of Council that establishes the Boundary line. However,
considering the manifest intent of these sort of grants, whether, ap-
pearing from the general nature or the particular recitals or consid-
erations of them that the Country may be setled and Inhabited, and
the Tacit condition attendant on them, that the Lands should be set-
tled in a reasonable time. We think due care will be taken of the
private property, arising from these grants, if His Majesty shall be
pleased to give these sort of Proprietors a reasonable time to come
in and accept of new grants, upon Terms of settling the Lands with-
in a certain time, reserving the Old Quit Rent, and Pines fit for His
Majesty's Navy ; And, in case of their not accepting these Terms,
His Majesty may resume the Lands.
The proper manner of making such resumption, after such default,
is by making new grants, to such as shall be willing to accept them,
at such Rents, and on such Terms, as 'shall be thought most advisa-
ble.
14 Aug1 1752. — Sign'd D : Ryder
W : Murray.
BOUNDARY LINE PAPERS. 539
^Proposals concerning Mass. Grants of N. H. Territory^
[Mss. Prov. Boundaries, p. 207.]
Proposals touching the title of lands granted by Massa now fall-
ing within N H
Ist To shew that the taking of the New Towns from Massa and
adding of them to N H has abundantly Retarded and discouraged the
Settlements (ist) in regard to the quit-rent demanded, (2) in regard to
the inability of New Hampr to defend them in Case of a war. (3) in
defeating the line of block houses intended to be built from Connect-
icut to Merrimack, which in all humane probability would have ef-
fectually covered these new Settlemts and been also a great Security
to the Neighbouring Colonys agst the Incursions of the French and
Indians to wch they now lye Exposed, in a wretched Naked and de-
fenceless Condition
2 To Shew That Massa Stil Supports Fort Dummer tho in this
prov : and Maintains the French trade there wch this prov : is not able
to do to keep the Indlls in terms and wch much tends to prevent a war
and by ye way this Goverm* as It is not able to maintain ye Garrison
and Support the Indn has Never made any Motion to take it into
their hands
3. upon those Considerations to Move that The Titles of those
Towns and parts of Towns Granted by Massa on this Side of Merri-
mack River falling within this Province be Confirmed to the proprie-
tors, and then the whole Towns to be Annexed to this prov : if the
Proprietors Consent and Massa Goverm1 are willing Making Merri-
mack the boundary, and the New Townships on the West Side of
Merrimack to be restored to Massa that Governm1 immediatly build-
ing the line of block houses before mentioned but if this or Nothing
of this kind can be done Then
4th But Mainly and principally to Make a Vigourous push for Grant
of Confirmation immediatly from the Crown without leaving it to
the discretion of humour of a Governor and Councill, and that, with-
out a quit-rent for which many Reasons may be Suggested
5 If a Grant of Confirmation immediatly from the Crown can't
be obtain'd, Then to try for a New Govr and an alteration of Councellrs
and likewise an addition out of the new Acquisitions of 6 More to
make the Number of Councellrs 18 instead of 12. Since the prov:
is Grown so big, and to have it left in the discretion of the Govr and
Council to demand quitrents or not for confirmation, as they Shall
Judge will be most for the interest & advantage of the Crown and of
the Country
54° PROVINCE OF NEW HAMPSHIRE.
6 If a Dispensation of the Quit-rent Instruction can't be obtain'd,
Yet to Insist on an additional Number of Councillrs, and get an order
for an Additional Number of Assembly Men also out of the New
Acquisitions —
And then Make an Act for quieting possessors by which the Pro-
prietors may have their Titles Secured, without any Immediate Con-
firmation from the King or Govr & Council, or wthout any quit rent
But there must be Mony to bring any of these things to pass &
where there is end of that what Mayn't be done —
[ Western Boundary of New Hampshire, 1764.]
[Mss. Prov. Boundaries, p. 237.]
AT THE COURT AT S* JAMES'S
[Seal] the 20 : day of July 1764
PRESENT
The Kings most Excellent Majesty.
Lord Steward Earl of Hillsborough
Earl of Sandwich Mr Vice Chamberlain
Earl of Halifax Gilbert Elliot Esqr
Earl of Powis James Oswald Esqr
Earl of Harcourt
Whereas there was this day read at the Board, a Report made by
the Right Honorable the Lords of the Committee of Council for
Plantation Affairs, dated the 17th of this Instant, upon considering a
Representation from the Lords Commissioners for Trade and Planta-
tions, relative to the disputes that have some Years subsisted between
the Provinces of New Hampshire and New York, concerning the
Boundary Line between those Provinces. — His Majesty taking the
same into consideration, was pleased with the advice of His Privy
Council, to approve of what is therein proposed, and doth accordingly
hereby Order and Declare, the Western Banks of the River Con-
necticut, from where it enters the Province of the Massachusets
Bay, as far North as the forty fifth Degree of Northern Latitude, to
be the Boundary Line between the said two Provinces of New Hamp-
shire and New York, — Whereof the respective Governors and Com-
manders in Chief of His Majestys said Provinces of New Hamp-
shire and New York for the time being, and all others whom it may
concern, are to take notice of His Majestys pleasure hereby signified,
and govern themselves accordingly./ — W: Blair./
THE BOUNDARY LINE CASE.
[The following documents, and the plans accompanying them, are copied from a
printed volume in the office of the Secretary of State, entitled "New Hampshire
and Massachusetts Boundary Cases, 1739." This volume consists of a collection
of papers made by the late Henry Stevens of London, England, and was purchased
of him by the State of New Hampshire in 1885. Referring to this volume, Mr.
B. F. Stevens, of London, brother of the late Henry Stevens, writes, " I remember
the book very well. Some portions of it I have seen elsewhere, but I don't remem-
ber seeing the collection of papers before or since. My brother and I thought the
collection as such was absolutely unique." — Ed.]
NEW HAMPSHIRE.
The (late) House of Representatives of the Prov- 1 ~ -, .
c \t zj j. 7 ■ c Complainants,
mce or New Hampshire J r
Jonathan Belcher, Esq ; Governour of that Province, } Respondent.
The Complainants CASE.
His Majesty's Province of New Hampshire in America, has the
Misfortune to be bounded, both on the Southern and Northern Sides,
by the vast Charter Government of the Massachnsef s-Bay, which has
for many Years made continual Encroachments upon her, and sup-
ported them with a high Hand.
The great Province, knowing their Usurpations are without any
Colour of Right, have had one Point always in View, at any Rate to
prevent the Boundaries being settled, or any Question concerning
them determin'd.
About the Year 1729, His Majesty appointed Mr.
Belcher Governour of the Massachusef s-Bay and of New
Hampshire also.
In both Sets of Instructions to Mr. Belcher. His Ma- .,
1 -ivT • r -i 1 /"• • r 1 tn« Massach users
jesty took Notice 01 the long Continuance 01 the Dispute %oth instruction
between those Provinces relating to their Boundaries, and ^inSnSSL
that His Majesty judged it would be for His Service, as
well as for the Peace and Tranquility of the said Colonies, that the
542 PROVINCE OF NEW HAMPSHIRE.
said Dispute should be adjusted, and therefore commanded him to
propose Methods to the respective Assemblies for determining such
Dispute.
But, notwithstanding these Instructions, New Hampshire soon
found they had little to hope from any Attempt, under his Govern-
ment, to get the Boundaries fairly and impartially settled, otherwise
than by an Application directly to His Majesty.
Wherefore the Assembly of New Hampshire, that is to say, the
House of Representatives only, upon the 31st of October 173 1 , ap-
pointed Mr. Rindge, their Agent, to come over to England, and sol-
licit His Majesty to settle their Bounds, as the only Means left to
preserve His Majesty's Right, and to free his Tenants from the
many Oppressions they laboured under.
1732 Feb. 28. Mr. Rindge petition'd His Majesty for that Purpose.
1735 Jan. 22. His Majesty, by his Order in Council, after very many
interlocutory Proceedings, approv'd of a Report made by
the Right Honourable the Lords of the Committee of the Privy
Council, that a Commission should issue, and that His Majesty
should name the Commissioners, and was pleased to refer it back
again to the Lords of the Committee, to consider of proper Persons
for Commissioners.
, nm4. . . The Lords of the Committee referr'd it to the Lords
i736 0ctob. 26.
of Trade, to consider what Directions would be proper to
give to the Commissioners.
Decemb 8 The Lords of Trade made a Report, proposing the
Lords 'of whole Set of Clauses to be contained in the Commission ;
Trade 's Report. , . .,
and, amongst others,
That the Commissioners should be directed to hold their first
Meeting on the I Aug. 1737.
That each Province should send to the Commissioners, at their first
Meeting, the Names of two Publick Officers on whom any Notices,
Summons's, or final Judgments of the Commissioners might be
served.
That each Province should send to the Commissioners, at their first
Meeting, a plain and full State of their Demands, or Pretensions in
Writing, describing where, and in what Places, the Boundaries ought
to begin, and what Courses, and how far, the same ought to run, that
Copies thereof might be mutually exchang'd, (in order to prevent any
unnecessary Delay) and that each Party might come fully prepared.
That when the Commissioners should have made and signed their
final Determination, a Copy should be sent to such publick Officers ;
as likewise Notice of another Meeting, to be held within six Weeks
after the Delivery of such Copy, or such other reasonable Time as
BOUNDARY LINE PAPERS. 543
the Commissioners should appoint ; at which each Province might
enter their Appeal, with a Declaration what Parts of the Commis-
sioners Determination they abided by, or appealed from ; and that
each Province should be allowed true Copies of the whole Process.
That if, at that last meeting of the Commissio7iers, neither Prov-
ince should enter their Appeal, the Determination of the Commission-
ers should then become Final and Conclusive to all Parties.
And the Lords of Trade, in their Report, proposed, that during
the Meeting of the Commissioners, the Governour should keep the
respective Assemblies sitting, or under short Prorogations, that they
might meet within twenty Days after such Determination delivered,
in order to determine what to do therein.
The Agent for the Massachuset 's-Bay petitioned the , i8 Mr_
Lords of the Committee, that the Commissioners might wiiks's Petition
not have power to shorten the six Weeks Adjournment "ktuRetoTt. ""
for receiving Appeals, (which he thought they might do,
under the then present Proposal of an Adjournment for six Weeks,
or other reasonable Time) but that they might be directed to adjourn
for six Weeks, or such further Time as the Commissioners should ap-
point. [So necessary did he conceive it to be that the Provinces
should have a full Time to consider of their Appeal.]
He also alledged by his Petition, that the Process was not order'd
to be given Time enough for the Assembly to see it, before they
must determine whether to appeal or not, but only a Copy of the
final Determination ; and he urged Reasons why the Assembly should,
also, have the Evidence before them for their Consideration to form
a right Judgment, whether they ought to appeal, or not.
And, as to keeping the Assemblies sitting, or under short Proro-
gations, he alledged by his Petition, that the Massachuset' 's Assembly
sate Spring and Fall, and hoped it was not necessary to keep the As-
sembly sitting, or under short Prorogations, during the Time of the
Enquiry, as it might be of great and general Inconvenience to the
Members, and create great Uneasiness in the Province.
The Lords of the Committee made a Report to His Feb Lords
Majesty, wherein they agreed to the Matters proposed by of the Commit-
the Lords of Trade, with such Variations as hereafter tVMa/fsty.
mentioned.
Their Lordships of the Committee proposed the Commissioners
first Meeting to be upon the said I Aug. 1737.
And, if each Province should neglect to send in the Names of their
two Officers, at the Commissioners first Meeting, or should neglect to
send in the full State of their Demands in Writing, at the said first
Meeting, that then the said Commissioners should proceed ex parte.
544 PROVINCE OF NEW HAMPSHIRE.
That after the Commissioners Determination they should ad-
journ for six Weeks, or some fartJier Time, not exceeding three
Months ; and that, if neither Party should enter their Appeal or Ex-
ceptions, at such last Meeting, then no Appeal or Exceptions should
be afterwards received or admitted, and such Determination of the
Commissioners, being confirm'd by His Majesty, should be Final and
Conclusive to all Parties.
Their Lordships further proposed by their said Report, that, to
the end the said Commission might not be frustrated, the Lords of
Trade should write Letters to the Governour of the two Provinces,
to recommend to the Councils and Assemblies of each Province,
to appoint and send in the Names of their publick Officers to the
Commissioners at tJieir first Meeting, together with their Demands
in Writing, and to acquaint the Provinces, that, if they omitted so to
do, the Commissioners were impower'd to proceed ex parte.
But their Lordships left out that Direction, which had been pro-
posed by the Lords of Trade ; that the Governour should keep the
Assemblies sitting,, or under short Prorogations, so as to meet with-
in twenty Days after the Commissioners Determination.
Feb. 9. Order Their Lordships Report was confirm'd by Order in
in Council. Council of this Date.
„ . . T . Pursuant to that Order in Council, the Lords of Trade
Feb. 18. Lords '
of Trade >s Let- wrote Letters to the Respondent Governour Belcfier as
ttJitk 7hatOr- Governour of each Province, to recommend to the Coun-
der- cils and Assemblies of each Province, to name their pub-
lick Officers, and send in the State of their Demands to the Commis-
sioners at their first Meeting, and to acquaint them, if they
omitted so to do, the Commissioners were impower'd to pro-
ceed ex parte. And, for his further Information, their Lord-
ships sent to him, in each Letter, a Copy of the said Or-
der in Council of the 9th of February then instant, (which con-
tained every one of the Clauses that were to be in the Commission)
and acquainted him, that their Lordships expected that he should
take particular Care, without any Delay, to carry every particular
Part thereof, so far as the same might lie in his Power, into Execu-
tion.
Governour Belcher prorogued the New Hampshire
,737 April «. Assembly (which was then sitting) to the 6th of July.
At length, after above four Years repeated Struggles,
Apnl9' and after numerous expensive Oppositions had been given
thereto in all Shapes by the Massachuscfs-Bay, his Majesty's Com-
mission on that Day issued, and bore Teste here, under the Great
Seal of Great Britain, being sued out at the sole Expence of the
BOUNDARY LINE PAPERS. 545
Complainants, who had by their Agent petition'd for the same ; and
it was directed, not to the Governour, but to the twenty Commission-
ers in the different Provinces who were to determine the Contro-
versy, and there was no Direction whatever therein to Governour
Belcher.
The Massachusef s-Bay plainly saw that this Commission, if duely
executed, and if New Hampshire was allow'd a fair Opportunity to
assert his Majesty's Right, would put an end to all Hopes of further
Encroachments on the King's Lands ; and therefore, to prevent New
Hampshire from being heard at all, either before the Commissioners
in America, or before his Majesty upon any Appeal here,
Mr. Belcher, the Governour of both Provinces, but in the Inter-
est of the MassacJmset 's-Bay r, was prevail'd on to act in Manner as
herein aftermentioned, and his Behaviour therein is the Subject Mat-
ter of the present Complaint, and makes it necessary to state the fol-
lowing Particulars.
The Letter from the Lords of Trade, (enclosing the April 22.
said Order of Council of the 9th of February) was deliv-
ered into Governour Belcher s own Hands.
The Governour writ to the Lords of Trade, owned the M io#
Receipt both of their said Letter, and of the said Order
of Council ; and promised to pay the most exact Obedience thereto.
The Complainants having Reason to apprehend that jUne2.
the Governour might, under a Pretence of want of Notice
of the Commission, delay the Execution thereof, took out an Origi-
nal of the Order of Council under the Privy Council Seal ; and, on
this Day deliver'd it into his own Hands, in order to avoid that Pre-
tence.
And they hoped, that if he would not call the New Hampshire
Assembly on purpose, and shorten their Prorogation on this extraor-
dinary Occasion, yet, that at least he would let them meet on the
6th of July in Course, which was the time they were prorogued to,
and which would have given them an Opportunity to prepare for the
1st of August.
And in the mean time the Complainants duly served the Commis-
sion upon the Commissioners, in so much, that on the first Day of
their Meeting on the said first of August, altho' by the Commission
five was a sufficient Quorum of the Commissioners, a large Quorum
of eight Commissioners attended, at great Distance from their sev-
eral remote Provinces, upon the said first of August.
Notwithstanding this Notice to the Governour, he juneZo.
was pleas'd, by a Proclamation made by him in the Mas-
sachusef s-Bay, (without any Pretence that his Council had advised
546 PROVINCE OF NEW HAMPSHIRE.
him thereto) to prorogue the New Hampshire Assembly further, to
the 4th of August, (three Days after the Time he knew the Commis-
sioners were commanded to meet, and three Days after the Time he
knew that New Hampshire was to name its Officers, and to deliver
in its Demands, under Pain of the Commissioners proceeding ex
parte?) And the same Day he printed such his Proclamation in the
Boston Gazette.
Au i The Commissioners met, there was no Assembly sit-
ting, or that could possibly set in New Hampshire , for 'the
Governour had prorogued them over. And in this Distress, a Com-
mittee, which had been appointed at a former Sessions of the New
Hampshire Assembly, took upon themselves to attend the Commis-
sioners at their said first Meeting, and to name two publick Officers
for Nezv Hampshire and to present to the Commissioners, at their
said first Meeting, the best State they were capable to frame of the
Neiv Hampshire Demands.
His Majesty's Commissioners seeing what insuperable Difficulties
the Governour had put New Hampshire under, had the Justice to
proceed according to the Spirit of his Majesty's Commission, and
therefore received, recorded and proceeded upon that Nomination of
Officers, and that Claim, so presented by the said Committee ; altho'
the Massachnsets afterwards objected that those Matters had not
been done by the whole province of New Hampshire f which they in-
sisted to be the Governour, Council and Assembly, and which their
own Governour by his Prorogation had made absolutely impossible ;
and the Governour himself in the eighth Paragraph of his Answer to
this very Complaint has made it Part of his Defence, and insisted
that the Committee had not the least Colour of Authority to appoint
such Officers.
Au The Commissioners proceeded, and the second Proro-
gation being ended, the New Hampshire Assembly met,
but the Governour' s Secretary immediately came by the Governour's
Order, and again prorogued them a third Time to Wednesday then
next, being the 10th of August.
A k Ax length, upon the 10th of August, the Governour
permitted the New Hampshire Assembly to sit, and made
a Speech to them, that the Commissioners being arrived, and ready
to enter upon business, the first thing the Assembly had then to do,
was to chuse and appoint two Officers. And he further told them,
that he had prorogued them to that Time and Place, to facilitate all
Matters relating to the Controversy.
The New Hampshire Assembly was as much surprized at the
Speech, as at the Governour's former Behaviour, in regard both Prov-
BOUNDARY LINE PAPERS. 547
inces knew that the Commissioners, after their Arrival, had not only
entered, but proceeded upon Business, and had received the Nomina-
tion of the Officers, and the State of the Claims for New Hampshire,
and had been proceeding ten Days before thereon ; and the Assem-
bly perceived that such Speech was intended to draw them into some
Disavowal of what had been before done, at least in due Time, and
in the best Manner the Necessity of the Thing, and the Governour,
would permit them to do it, and that his Design was to turn the
whole Matter into Confusion.
Wherefore they returned an Answer to his Speech, that the
Committee had given in the Names of the Officers, which they much
approved of ; for that, had it not been done at the Commissioners
first Meeting, they apprehended the Commissioners might have pro-
ceeded against the Province ex parte, agreeable to His Majesty's
Commission, to which they had, and would pay a strict Obedience.
The Commissioners verbally pronounced their Judg- x s 2>
ment, or final Determination, (which is very long) and
then they adjourned over to meet again upon the 14th of October, at
10 o'Clock in the Morning, to receive the Appeal of either Province.
And it had been directed, both in the Order of Council, and in the
Commission it self, that if either Party did not at such last Meeting
present their Appeal or Exceptions, no Appeal or Exceptions should
be afterwards receiv'd or allowed.
The Commissioners Judgment, as to the most Material of the
Bounds (where the MassacJinsef s-Bay claimed near two thirds of His
Majesty's Province of New Hampshire) was Special ; submitting the
Matter to His Majesty upon the Evidence.
The Massachuset 's Agent had, formerly, by his forementioned
Petition, insisted how necessary it was that the Assembly should
have not only the Judgment, but the Process, and all the Evidence,
a considerable Time before them, in order fully to consider how, and
what to appeal from.
But upon that same 2d of September, before the New Hampshire
Assembly could possibly see the Judgment, or so much as hear the
general Purport of it, the Governour instantly prorogued them to the
13th Day of October, the Day immediately preceding that, in the
Morning whereof the Assembly of New Hampshire were to present
their Appeal, or never after.
So that they could not have, by any possibility, more than the Part
of one single Day's time to get a Copy of the Judgment, and of al
the Papers (which are about Two hundred large Sheets, close writ-
ten) and to read and consider the same, and whether to appeal or not,
and from what Parts ; and to prepare, settle, agree upon, engross^
54-8 PROVINCE OF NEW HAMPSHIRE.
and present in Form their Appeal to the Commissioners, all by the
next Day at 10 o Clock in the Morning.
But even that short Space of Time was thought too long for New
HampsJiirc ; and as, by a Protest made before the Commissioners,
and by a Petition specially presented to His Majesty, the MassacJin-
sef s-Bay have contended that the House of Representatives, alone,
could not appeal, but it must be the zvJwle Province, Governour,
Council and Assembly ; so in order to make any such Appeal
absolutely impossible to be presented, the Governour, tho' he did
meet the New HampsJiire Council, both on the 13th and 14th of Oc-
tober, (according as his Secretary has now made up the Minutes) yet
did not permit them to sit any time whatever, or transact any sort of
Business on either of those Days ; for, on the First of them they
only met, made an Entry of the Receipt of two Messages sent up to
them, and instantly adjourned. And on the Second of those Days,
the Governour and Council met, and instantly adjourned, without
any Matter whatever being transacted.
octob. 13. The New HampsJiire Assembly met, and the Repre-
sentatives got as many of the Papers as they could.
Octob. i4. They framed their Vote of Exceptions to the Commis-
sioners Judgment, as well as the Hurry would permit them : They
sent up to enquire, if there was any Council sitting ? The Answer
to the Message was, That there was no Council. They waited till
near Sun-set, and then sent up another Message to the Council ; the
Secretary (who was appointed by the Governour, and is Clerk of the
Council) return'd for Answer, that there was no Council that he
knew of, and that the Governour was not known to be in the Prov-
ince.
This was the very last Day the Appeal was to be presented. The
Commissioners had now been waiting the whole Day for an Appeal.
The House of Representatives therefore did (at the very last Mo-
ment) all that was possible for them to do, they sent up to the Com-
missioners the Vote of their House, containing their Appeal, or Ex-
ceptions, against the Commissioners Judgment.
And the Commissioners who were upon the Spot, and who saw
the unwearied Diligence of the New HampsJiire Assembly, and how
the Governour defeated and baffled every one of their Endeavours,
had the Justice to receive and enter the same upon their Record.
Altho' the Agents for the MassacJiuscf s-Bay enter'd a formal
Protest, that this was not an Appeal from the wJiolc Province of New
HampsJiirc.
With regard to the Massac Jinsef s-Bay , the Governour's Conduct
was very different ; for,
BOUNDARY LINE PAPERS. 549
The Massachusetts Assembly being sitting, he sent to Ma
them the Lords of Trade's Letter to him, and the said
Order of Council therein inclos'd.
He then kept them sitting constantly for six whole Weeks after-
wards.
Afterwards, when the Commissioners had upon the 2d of Sep-
tember pronounced their verbal Judgment, he did not prorogue that
Assembly immediately, but kept them sitting daily till the 7th of
September, and upon the 5th of September, (and not before) that
Assembly procured a Copy of the Commissioners Judgment, and
appointed several Committees from Day to Day upon it.
When they had made such Preparation for their Ap- Se tem
peal as they thought proper, they, on the 7th of Septem-
ber, sent up two several Messages to him, that they had no Business
then left before them, and that they desired to rise.
And then, and not till then, he adjourned them to the 12th of Oc-
tober, (which would be two Days before the Commissioners were to
meet to receive the Appeals.)
But on that 7th of September, before such his -Adjournment, he
sent them another written Message, that the Affair of the Bounda-
ries, being a Matter of great Importance, he hoped they would take
effectual Care that their Members should generally attend their Duty,
at the Time he should adjourn them to.
The Massachnset 's Assembly met again, and the Gov- 0
ernour, Council, and Representatives, all concurred in
their Appeal, and it was presented to the Commissioners in Form,
from their whole Province ; they being under no sort of Difficulties
whatsoever.
As the Conduct of the Governour towards the two T
1737 June 29.
Provinces upon this Occasion was widely different, so it
is observeable that upon the 29th of June 1737, (nine Days after the
Governour had publish'd in the News-Paper his Proclamation for pro-
roguing the New Hampshire Assembly over to the 4th of August)
he sent a written Message to the Massachusetts Assembly, complain-
ing that he was a great Sufferer by the sinking of the Value of their
Bills of Credit, and desired them to make him a just Consideration ;
which Message they referred to the Consideration of the next Ses-
sions.
In the next Sessions, the very Day that he had agreed 0ctob
to the Massachusetts Appeal, and had made it impossible
for the whole Province of New Hampshire to appeal, he repeated his
Message to the Massachusetts Assembly, told them he had been a
great Sufferer by the sinking their Bills of Credit, as he had men-
550 PROVINCE OF NEW HAMPSHIRE.
tioned to them in his former Message of the 29th oijune, and desired
a righteous Answer to his Message.
And the MassacJiusef s Assembly resolved then to consider that
Message on Tuesday then next, and voted the Governonr Three hun-
dred thirty-three Pounds, six Shillings and eight Pence, in Bills of the
New Tenor, (equal to a Thousand Pounds in Bills of the old Tenor)
which they expresly mention to grant him, on Account of his late
extraordinary Trouble, and Expence in the Service of that Province ;
to which they add, the Dearness of Provisions, and other Necessaries
of Life.
octob. 1 The Commissioners having received both Appeals (in
such Manner as before mentioned) on the said 14 October
on the next Day afterwards, the Representatives of New Hampshire
past a Vote, reciting that the Massachusets had made such an Ap-
peal, wherefore, for defending the same, and for prosecuting the Af-
fair on the part of New Hampshire before his Majesty in Council,
they voted thdX John TJwmlinson Esq ; should be impower'd to carry
on that Affair before his Majesty in Council, as Agent for New
Hampshire. — And that Vote being sent up to the Council, they on
the 17th of October {three Days after the Time for Appealing was
over) upon that particular Vote, and on that Occasion, past a Vote
(the Governour being present in Council) that they were of Opinion,
it was not for the Interest of the Province either to appeal or defend
against any Appeal, made or to be made, but to submit the Matter as
it then stood to his Majesty.
0ctobi i The New Hampshire Representatives voted that a
Thousand Pounds Bills of Credit (not quite Two hundred
Pounds Sterling) should be emitted, and put into the Treasury, in
order to carry on the Affair before his Majesty in Council but that
Vote being sent up to the Council, the Council (the Governour him-
self being present) nonconcured the same on the 17th of October.
Octob 18 The New HampsJiire Representatives past another
Vote for emitting a Thousand Pounds such Bills, and
that out of the same only the Sum of a Hundred Pounds should be
transmitted home to the Agent. But that Vote being sent up to the
Council, they in presence of the Governour, nonconcured the same
also on the 20th of October.
While, on the other hand, the Representatives of the Massachu-
setts, on the 13th, 19th, and 20th of the same October voted a Sum
?io less than Two thousand Pounds Sterling, to be sent Home to their
Agents, to prosecute their Appeal ; and appointed no less than three
Agents to prosecute such Appeal, and every one of such their Votes
were made com pleat and effectual, and were concurred by the Gover-
nour and Council of the MassacJiusef s-Bay.
BOUNDARY LINE PAPERS. 551
The House of Representatives of New Hampshire thought it due
to His Majesty and themselves, to present this Complaint, which on
the 7th of February 1737 the Governour was ordered to answer ; and
his Answer was not put in till the 21st of October 1738.
After the Answer was deliver'd in, and pending both the Appeal
and this Complaint before His Majesty in Council, the Governour,
in order to disappoint the same, dissolved the New Hampshire As-
sembly.
But, subsequent thereto, by an Order of the 30th of January 1738,
the Lords of the Committee order'd, that four Gentlemen of New
Hampshire should be at Liberty to search and take out Copies of
Papers, in Support of the Complaint.
And the Papers being arrived, and the Matter coming on now to
be heard ;
The Complainants hope it will appear, That the Governour has
abused the Power his Majesty intrusted him with as Governour; that
he has acted herein, in Disobedience to the Order in Council so many
Ways signify'd to him in due Time, with intent to frustrate his Ma-
jesty's Royal Commission and Purposes, and to prevent a fair and
impartial Enquiry, and thereby unjustly to encroach upon His Ma-
jesty's Lands and Inheritance, in favour to his own Native Province,
the Charter Government of the Massachusei 's-Bay, and with a further
View to his own private Advantage and Interest.
J. Browne.
W. Murray.
[Endorsed.]
NEW HAMPSHIRE
The (late) House of Representatives there,} Complainants.
Jonathan Belcher, Esq ; the Governour there,} Respondent.
The Complainants Case.
To be heard before the Right Honourable the Lords of the Com-
mittee of his Majesty's most Honourable Privy-Council, for hearing
Appeals, Complaints, &c. from the Plantations, at the Cockpit, at
Whitehall, on Monday the 12th of November 1739, at 6 o'Clock in
the afternoon, & again on 21st Novr
The Lords of the Committee Reported That it appeared to them
that the Govr had acted with great Partiallity by proroguing the As-
sembly of New Hampshire from the 6th July 1737 to the 4th August
following being three days beyond the time appointed for Opening
552 PROVINCE OF NEW HAMPSHIRE.
the Commission — In Disobedience to His Majestys Order in Coun-
cil which had been transmitted to him by the Lords Commissrs for
Trade & Plantations and which was proved to have been delivered to
him in due time — And also by further proroguing the said Assem-
bly from the 2d Sept1' 1737 to the 13th October following whereby the
said Province of New Hampshire were deprived of the time in-
tended by His Majestys sd Order in Council to be allowed them to
Consider of the Determination of the said Commissrs and (if they
found themselves aggrieved thereby) to prepare a proper & regular
Appeale therefrom to His Majesty in Council in Order to a final De-
termination of the matters in dispute between the said Province &
that of the Massachusets Bay & thereby to frustrate the Intention of
His Majestys said Commission
[The last paragraph of this endorsement appears in manuscript,
and the rest in print.]
Andrew Wiggin, and Six other Gentlemen, a Com- \ Petitioners
mittee of the House of Representatives of the Prov- > and
ince of New Hampshire, ) Complainants.
Against
Jonathan Belcher, Esq, Govemour and Commander ) ^ i
in Chief of the said Province, under his Majesty, j "
The Respondent the Governour's CASE.
. . The said Andrew Wiggin* and Six other Gentlemen, a
Petition of An- . r i tt <5<5 i- t^ . '
drew iviggin, Committee of the House 01 Representatives or the
Province of New HampsJiire, have thought proper to pre-
sent a Petition of Complaint to his Majesty, against Governor
Belcher: Which Petition being of a very extraordinary Nature, the
Respondent hath set forth the same verbatim in the Appendix (A).
This Petition was by Order in Council referred to the Lords of the
Committee, who ordered a Copy thereof to be transmitted to the
Governor for his Answer thereto. And,
June 9, 1738. The Governor returned his Answer thereto, which is
The Governors likewise set forth verbatim in Appendix (B).
Answer to this "r \ /
Petition. N. B. Before this Answer came in, viz. in April 1738,
the Petitioner Mr. Wiggin, and Mr. James Jejfrys, came to Mr. Wal-
roud, Secretary of the Province of New Hampshire, and desired him
to affix the Province Seal to a Certificate, that the said James Jejfrys
BOUNDARY LINE PAPERS. 553
was Clerk to the Assembly. To which Mr. Walrond told them, they
could not but know that the Governor was the only Person who
could authorize the affixing the Seal, and that therefore they ought
to have applied to the Governor ; but that he supposed this Applica-
tion was made to him on purpose to be deny'd, and with Design to
make such Denial a Foundation of Complaint against the Governor,
that they could not get their Papers properly attested under the
Province Seal. But the Secretary further told them, that he would
write to the Governor, and acquaint him with their Application ; and
which he accordingly did within a Day or two after, and received an
Answer thereto, which he communicated to them in a Letter, deliv-
ered with his own Hand, to the said James Jeffrys, on May I, 1738,
which Letter was as follows :
To Andrezv Wiggin, Esq; and Mr. James Jeffrys.
Gentlemen.
You, doubtless, remember, that wJien you spoke to me at my House,
on Wednesday last, the 26th of last mouth, concerning a Certificate
with the Province Seal, I told y oil as it was then Post-day, I expected
an Answer from his Excellency that Night, toucliing zvhat you re-
quested; and that if you should think proper to come or send to me
next Morning, you might without any Doubt knozv the Governor s
Pleasure on that Head ; and accordingly, by the Post on the said 26th
of April last, I had the Honour of receiving an Answer from his Ex-
cellency to zvhat I had zvrote him the Week before at your Request;
and his Words are : If the Speaker sends me an attested Copy of
the Vote of the House, of James Jeffrys being chosen their Clerk,
and Jeffrys sends me the Papers to be annexed to his Certificate, I
shall then sign a proper Certificate, that he is Clerk, and not before ;
for I don't know that he is Clerk.
I am. Gentlemen, &c.
That from the time of the Delivery of the said Letter to the said
Jeffrys, the Secretary never heard one Word from the said Wiggin
ox Jeffrys, touching a Certificate, or the Province Seal, till the latter
End of October 1738, when the said Wiggin and Jeffrys came again
to his House, and desired him to give them a Certificate with the
Province Seal, that the said Wiggin was Speaker of the House of
Representatives ; to which the Secretary reply'd, That he was really
asham'd for them, that they should play such mean and low Games,
and make such trifling and frivolous Attempts, when they well knew,
it was not in his Power to grant what they demanded. Upon which
Mr. Wiggin ask'd the Secretary, Whether he would write to the
Governor for them : To which he reply'd, He had wrote once for
them already, and they might then have had what he wrote for, but
36
554 PROVIN'CE OF NEW HAMPSHIRE.
they would not ; and now they might write for themselves, for he
would not be their Tool again, since they would not accept what he
wrote for in their behalf before. He moreover told them, the Gov-
ernor would be in the Province in a few Days, and then they might
personally apply to him, if they saw meet. And the next Week after
this Conversation, the Governor came into the Province, but they
De osition of made n0 Application to him during his Stay in the Prov-
Richard wai- ince, which was 20 Days ; and of all which the Respon-
roilNew^Hamp. dent hath the Secretary's Affidavit under Seal, with this
Ma? 29, ^°rn further, That he never heard that the Province Seal was
deny'd to any Person that apply'd to the Governor for it ;
and that he had wrote to the Governor more than a score of times in
behalf of Persons that wanted the Use of the said Seal ; and upon
every Application, it was ordered without the least Demur or Delay ;
and that the sending to the Governor from time to time for his Order
to affix the Seal, has been always without any Expence to the Person
that wanted it.
Notg Agreeable to what the Secretary imagined, instead of
applying to him after he had got the Governor's Direc-
tions in this matter, or getting the Certificate required by the Gov-
ernor, or applying to the Governor, when in the Province, they, in a
very unfair manner, apply'd to the Lords of the Committee ; and
under a false Suggestion, that the Governor had refused to authenti-
cate the Minutes of the Council and Assembly, they had prepared to
send over to support their Petition.
December 9, They obtained an Order from their Lordships, whereby
'73S- it was ordered, that the Representatives of New Hamp-
shire, or their Agent, should be permitted to search or take Copies
of the minutes and Proceedings of the Governor, Council, and As-
sembly of the said Province, as they should think necessary to sup-
port their said Petition ; and soon after an Account arriving, that the
Governor had dissolved the Assembly, upon an Application to their
Lordships, acquainting them, that by this Accident, the above Order
would, in the manner in which it was worded, become useless,
Their Lordships made another Order, that George Jen
January 30,173s. 0-77 a j7 • t / D • J l 'TV
jrj>s, 1 hcoeiorc Atfcinson, John Kludge, and 1 nomas
Packer, Esqs ; or any other to be by them appointed, should be per-
mitted to search for, and take out the Copies of Papers, as directed
by the above Order of the 9th of December, and that the Secretary
of the Province should attest them as true Copies, and the Governor
fix the Seal of the Province thereto.
Airil This Order was delivered to the Governor, who imme-
diately directed the Secretary to conform himself thereto,
BOUNDARY LINE PAPERS. 555
and to annex a Certificate, and fix the Seal, and send it to the Gov-
ernor for him to sign. And,
The Secretary acquainted Mr. Jeffrys and Mr. Rindge, Ma
by Letter, that he was ready to examine and attest the
Copies of the Journals, &c. and to annex a proper Certificate to them
and the Province Seal, and to send them to the Governor for his
Signing. And which were attested accordingly.
The Papers transmitted are of too great Length to bring within
the Compass of a printed Case ; but when the whole thereof comes
to be laid together, and impartially considered, the Respondent hum-
bly hopes he will stand fully justified, with regard to the several Mat-
ters charged against him ; and that the said Petition of Complaint
shall be dismissed as entirely groundless.
The first Charge against the Respondent is his non- First char-e
concurring for five Years past, the most wholsome Laws
the House could devise.
But this is so far from Fact, that the Respondent has,
i- ii- r 1 • /-« r i i • Answer.
during the whole time 01 his Government, retused his
Assent to only one single Law, viz, the Act for emitting 6000 /. in
Paper Bills, and which he was obliged to do, the same being directly
contrary to his Majesty's Instructions : With which he acquainted
the House before the Bill was passed, and likewise gave them a
Copy of his Instructions. He also a second time reminded them
of it, and informed them expresly, if they passed the Bill in the
Shape they had then prepared it, he should be under a Necessity of
rejecting it. However, as it was a Bill of the most publick Nature
for the Supply of the Treasury, and as they were so obstinate, that
they would supply it in no other way ; and as it was a thing directly
contrary to his Majesty's Instructions, the Respondent laid the whole
Matter before the Lords of Trade, to procure his Majesty's Leave to
give his Assent to the Bill, if it was thought proper. But their
Lordships by no means thought it a proper Bill for him to assent to,
and acquainted the Respondent, it was a thing he could have been
no ways justified in, had he assented to it : And the Respondent has
been so far from non-concurring for five Years, as is charged, that
this is the only Bill he has ever non-concurred, as the Petitioners
style it : But has, in general, passed more Laws for the time he has
been Governor than any of his Predecessors.
The second Charge is from the frequent Dissolutions Second
of the Assembly.
It is very observable, that this Complaint comes from Answe
none but the Members themselves, and but from Seven
of them ; and how far the Members are proper to complain of this, is
556 PROVINXE OF NEW HAMPSHIRE.
submitted. If there were any Grounds for this Complaint, it should
come from the Freeholders ; but they make no such Complaint, nor
indeed any Complaint at all.
The Respondent did not dissolve any one Assembly till after they
had sat their usual Time of a Sessions, nor till they had finished all
the Business before them, save only the supplying the Treasury, and
which they obstinately persisted to do in a manner directly contrary
to, and in Defiance of his Majesty's Instructions, and in such a way
as the Governor could not allow of; and all the Dissolutions appear
by the Journals of the House to be on this Account, and in hopes to
get a new Assembly, that would be more obedient to his Majesty's
Commands.
And it is very observable, that none of the Dissolutions were on
any Dispute touching the Respondent's own private Interest, but all
of them on account of the Assembly's refusing to conform themselves
to the Royal Instructions. They struggled often and long with the
Respondent to have withdrawn him from his Duty, and to have pre-
vailed on him to have broke the Instructions of the Crown ; but he
knew his Duty, and 'tis hoped, the Firmness he showed in the Dis-
charge of it, will meet with the Royal Approbation. And it is really
Matter of Surprize, how the Petitioners, who so well knew the sole
Motive of these Dissolutions was owing to a continued unparallelled
Contempt of, and Disobedience to the Royal Instructions, should be
hardy enough to make this one Head of their Complaint against the
Respondent to the Crown.
Especially, when it is considered, that the Assemblies are gener-
ally annual in all our Plantations, and are required by their Charter
to be so in all Charter Governments ; which will, it is hoped, be a
full answer to this Part of the Charge.
Third ciwe The Third Charge accuses the Respondent with the
reproachful and opprobrious Speeches the several Disso-
lutions were attended with.
Answer Put surely the Gentlemen, when they were making
this Charge against the Respondent, did not observe the
Style of their own Petition, which is apprehended to be by much the
most reproachful and opprobrious one that was ever presented to the
Throne : And is infinitely beyond anything the Petitioners can point
out in any of the Respondent's Speeches.
The whole of the Respondent's Behaviour with that of the As-
sembly's too, appears from the Journals of the House ; and the Re-
spondent is sure he can with great Truth say, that the Addresses of
the Assembly are the most indecent that were ever presented to the
King's Representative ; and that there is nothing in the Respond-
BOUNDARY LINE PAPERS. 557
ent's Speeches, but what the Behaviour and Addresses of the Assem-
bly made absolutely necessary ; and that he must have betrayed the
Honour and Dignity of the Crown, if he had behaved otherwise, the
only Struggle between him and the Assembly being, whether the
Instructions of the Crown should be obey'd or disobey'd, and put at
Defiance.
That in the Affair of the Lines, the Respondent, to Fourth chare.
frustrate New Hampshire from the Benefit of his Majes-
ty's Commission, which had been issued to determine that Dispute,
tho' he communicated the Heads of the Commission to the House at
their Sessions in April 1737, and when they were immediately resolv-
ing to expedite (what in them lay) that important Affair, to their
great Surprize and Disappointment, before any Step could be taken,
in Obedience to the said Commission, they were prorogued to the
4th of August, and again to the 10th. Whereas the Day for Opening
the Commission, was the 1st of August : And this is charged as done
by the Respondent with a premeditated Design to frustrate the Effect
of the Commission, and in order to serve his favoured Province of
the MassacJiusets Bay, as they affect to call it.
But when the real Truth of this Case is looked into, Answer
how does all this laboured Charge at once disappear, and
upon how gross a Falshood does the whole of it depend !
For they artfully and falsly represent, as if the Respondent had
prorogued them by Surprize, and before any Step could be taken by
the House to be prepared against the Commission.
And yet, forgetting this, and for the sake of introducing a new
Charge against the Respondent, for recommending it to them to
chuse Officers, they immediately afterwards, in this very Petition,
say, that the Committee appointed by the General Assembly to at-
tend the Commissioners had, on the first Day of their Meeting,
appointed such Officers who were accepted ; and by which they have
themselves shown that they had taken the proper Steps before they
were prorogued ; and in Fact, on the
The Assembly of New Hampshire named a Committee ist of A3ril
to attend the Commissioners, and gave them all neces- 1737-
sary Powers, and in as full a manner as Words could ex-
press ; and in which this Respondent and the Council all concurred,
and the Committee did accordingly attend the Commissioners the
first Day of their Meeting, and laid the Claim of New Hampshire be-
fore them. So that the Foundation upon which this Part of the
Complaint is built, and that which carries the whole of the Imputa-
tion with it, entirely fails the Petitioners. And if this Matter is
looked a little further into, it will appear, that much more Care was
55^ PROVINCE OF NEW HAMPSHIRE.
taken of New Hampshire, than of the Massachusets, not by Design,
for the Governor, as it was his Duty, would, so far as he was able,
have taken the same Care of both) but by Accident.
For the Commission was not delivered by the Petitioners, or their
Agent, to the Respondent, as he humbly apprehends it ought to
have been ; but being sent to Mr. Rindge one of the Petitioners, he
kept it in his Pocket, and never communicated it to the Respondent
till after he had prorogued both the Massachnsets and New Hamp-
shire Assembly to the 4th of August ; for that they might be both
on the same footing, he prorogued both Assemblies to the same Day,
and with this remarkable Difference in favour of New Hampshire :
They had appointed a Committee with full Powers to attend the
Commissioners before they were prorogued, which the MassacJiusets
Assembly had not done, so that the Council of the Massachnsets,
when the Commissioners met, were forced to send to pray the Com-
missioners to indulge that Assembly for a few Days till they could
meet ; and yet it is certain Mr. Rindge had the Commission some
time before the Massachusets Assembly was prorogued, but secreted
the same from the Respondent's Knowledge till afterwards ; for what
this Respondent communicated to the Assemblies was not the Com-
mission, (as the Petitioners untruly alledge) but the Report of the
Board of Trade proposing a Commission to issue. Now have the
Petitioners any Fact of this Kind to alledge against the Respondent ?
And it seems somewhat surprizing, that Mr. Rindge, who has acted
such a Part himself, could appear in this Complaint against the Re-
spondent ; and had New Hampshire happened to have been in the
Case of the Massachusets, with what aggravating Art would they
have dressed it up into a much more formidable Complaint than they
are able to make of their present Charge ! And as it thus fully ap-
pears, that New Hampshire was under no Difficulties in their Ap-
pearance before the Commissioners, they having a Committee of
both Houses appointed by the Governor, Council, and Representa-
tives, in April, four Months before the Commissioners met, to pre-
pare and put in Pleas, Allegations and Evidence ; this absolutely
falsifies this Part of the Petitioners Charge, " That the Governor
was determined from the Beginning to frustrate this Commission,"
because by this it is manifest, that the Respondent took the earliest
Care to render the Commission effectual, especially with regard to
New Hampshire, and that the Respondent was so far from acting
partially in Favour of the Massachusets, that tho' New Hampshire
was thus fully prepared, the Massachusets had no Committee ap-
pointed to act for them till the 5th of August, four Days after the
Commissioners met ; and by reason whereof the Massachusets met
BOUNDARY LINE PAPERS. 559
with great Difficulties, and were obliged to send to the Commission-
ers praying an Adjournment, that they might have Time to prepare
a State of their Demands to Jay before them, and to appoint a Com-
mittee or Agent to act for that Province.
And to shew what little Foundation they have in general to charge
the Respondent with Partiality in this Affair of the Line, it appears
from the Minutes of the Assembly of both Provinces, that the Re-
spondent was so intent and engaged in it, that he scarce made a
Speech, or sent a Message, to either Assembly, but he brought in
this Affair, pressing it with the utmost of his Power, and using every
Argument he was Master of to pursuade them into this Settlement,
till it seemed impossible to be effected any other way than by an
immediate Order from his Majesty ; and its not being done, the Re-
spondent, in a Letter to the Lords Commissioners of Trade and
Plantations, wholly imputed to the Massachusets Bay ; and then fur-
ther in Favour to New Hampshire, he pressed the Massachusets to
give Orders to stop all Process in Law-Suits depending between Bor-
derers on the Line ; and it was impossible for any one to do more
than the Respondent did to bring forward the Settlement of the
Lines, or to act herein with more Impartiality than he did ; and the
Moment he was apprized a Resolution was taken to issue a Commis-
sion, he communicated the same to New Hampshire Assembly, and
that much sooner than to the Massachusets ; for he actually commu-
nicated to the Assembly of New Hampshire the Report of the Board
of Trade for the Commission on the 18th of March 1736, and did not
lay the same before the Massachusets Assembly till the 27th of May
1737, above two Months afterwards ; a Circumstance which if it had
happened the other way, and New Hampshire been the last acquainted
with the Commission, would have been worked up into a principal
Article of Complaint against the Respondent.
And when to all this it is added, that New Hampshire suffered no
real Inconveniency on this Head, but had their Claim properly made
and supported before the Commissioners, and that the Petitioners do
not make even the least Suggestion to the contrary, it is humbly ap-
prehended there is not the least Foundation to affect the Respondent
by this Part of the Charge.
Relates to the Respondent on the Meeting of the As- v-ttUni
ii t 1 1 ii-i Flfth Charge.
sembly, recommending to them to choose two pubhck
Officers, tho' he knew the Committee appointed to attend the Com-
missioners, had on the first Day of their Meeting appointed such
Officers ; and which they charge to be done to throw Difficulties in
their way, and with Design to possess the Commissioners with a
Notion of the Illegality of accepting such Officers so appointed. The
560 PROVINCE OF NEW HAMPSHIRE.
Consequence of which, they charge, must have proved fatal to them,
as thereby they would have been excluded from the Right of exhibit-
ing their Claims, which were to be preferred at the first Meeting of
the Commissioners ; and the Commissioners laid under a Necessity
of proceeding ex parte, and granting the Massachuscts unreasonable
Demands.
Answer This is a very groundless Charge. The New HampsJnre
Committee was appointed before the Commission arrived
in New England, or was even passed the Great Seal here.
When the Commission arrived, it appeared that the General As-
sembly of each Province was thereby required to appoint those two
publick Officers ; the Respondent therefore apprehended, that the
New HampsJnre Committee had not strictly a Power to name these
two Officers, so as to be strictly within the Words of the Commis-
sion ; and therefore, as it was his Duty, mentioned this to the As-
sembly, and recommended it to them to appoint two Officers, and
which he did to avoid any Objection, and to facilitate the bringing
the Matter to a final Issue.
And it is impossible to conceive he could do it with either of the
Views charged against him by the Petition. He could not do it with
Design to throw Difficulties in their way, it being on the contrary
plainly proposed with a View to prevent and remove any Difficulty
that might otherwise be started on this Head. And it is impossible
to conceive how any ill Consequence could have arose from the As-
sembly's having ratified and confirmed the Appointment of the two
Officers named by their Committee, and which was all the Respond-
ent had in View. And he could not do it with Intent to hinder the
Commissioners from accepting the two Officers nominated by the
Committee, because in their very Petition they state and admit, (and
the Fact is so) that the two Officers who had been so named by their
said Committee, had been before accepted by the Commissioners,
and such their Acceptance of them been recorded.
And which, it is humbly hoped, is a full Answer to, and Confuta-
tion of, this Charge.
_. , „ The next and last Charge against the Respondent is,
Sixth Charge. 00 r
That immediately after the Commissioners had made up
their Judgment, and before a Copy thereof could be obtained, the
Respondent prorogued the General Assembly to the Day before the
Commissioners had adjourned their Court, as their last Day to re-
ceive Appeals or Exceptions from either Government. So that they
had only Part of one Day to prepare their Appeal, which stripped
them of the Benefit of the six Weeks Adjournment directed in the
Commission.
BOUNDARY LINE PAPERS. 56 1
The Nature of the Claim and of the Judgment of the
Commissioners being considered, this Charge will neces-
sarily fall to the Ground. The Claim of New Hampshire was con-
tained in a very few Lines, and the Appeal or Exceptions to the
Judgment of the Commissioners might be prepared in a Quarter of
an Hour. But in this case the Judgment, or rather the Return of
the Commissioners, being Special, the Whole would really have been
before his Majesty in Council without any Appeal from either Prov-
ince, and for this Reason the Council were against any Appeal; and
they having declared this their Opinion, and as the Right of appeal-
ing was by the Commission given to the General Assembly, and not
to the House of Representatives only, there could be no possible
Inconveniency from the Respondent's not continuing the Assembly
sitting on account of the Affair of the Lines. And this Prorogation
was at the Request of the Council, who, as the Court of the Com-
missioners was adjourned, desired the Governor to give the General
Court a Recess.
And the Committee had the same Power to act in the Recess of
the Assembly, as when they were sitting ; and as the Council were
against appealing, the best Service the Governor could do the Prov-
ince of New Hampshire, was to prorogue them, that so the whole
Power might be in the Committee, who might have appealed in
time ; and in Fact the House of Representatives did file their Ap-
peal in time, and which was received by the Commissioners, and is
now depending before his Majesty in Council.
And unless the Petitioners can shew some real Inconveniency that
attended them from this Step of the Respondent, it is humbly hoped
this Charge, as a Complaint against him, shall fall to the Ground.
And with regard to this Part of the Complaint, it seems very ma-
terial to observe, that the Commissioners, observing that the House
of Representatives, in the Preamble to their Appeal, took Notice
that the Council had not joined with them therein, and imputed the
same to the Respondent's Adjournment of them, which deprived the
House of Time to consult the Council thereon ; the Commissioners
adjourned their Meeting for several Days, and directed the Commit-
tee to endeavour to get the Concurrence of the other Parts of the
Legislature to the Appeal, and during all which time the Assembly
were sitting ; but they never thought fit to send their Appeal to the
Council, nor desire their Concurrence thereto ; and if they had, it is
natural to suppese the Council would have non-concurred the same ;
from their having non-concurred a Vote which the House had passed
appointing an Agent to prosecute the same ; and that amongst
others, for this Reason, because they thought it not for the Interest
562 PROVINCE OF NEW HAMPSHIRE.
of the Province to appeal, but to submit the Matter to his Majesty on
the Return of the Commissioners, as it then stood.
It is therefore humbly hoped, that this Part of the Petitioners
Charge will likewise appear frivolous and groundless.
And these are all the Charges that are brought by the Petition
personally against the Respondent.
For as to the Council's having non-concurred the Votes of the
House for raising Money to carry on their Appeal, and appointing
Agents to pursue it ; this can never be imputed to the Respondent,
who has no Hand in the Transactions of the Council. Had the
Council concurred with these Resolutions of the House, and the Re-
spondent had non-concurred them, then it would indeed have been a
proper Charge for the Respondent to answer. But as these Votes
of the House were non-concurred by the Council, they never came to
the Respondent, nor did he at all act upon them, they never falling
under his Consideration, so that it is hardly possible to make them a
Charge against him. The Council might as well charge him with
the Non-Supply of the Treasury, because the House would not con-
cur their Votes on that Head. What were the Council's Reasons
for non-concurring these Votes, is obvious and plain. They appre-
hended the Matter was fully before his Majesty on the Return of the
Commissioners, and that it was not prudent to appeal ; and being of
that Opinion, it was natural for them not to join in raising Money,
and appointing Agents for prosecuting an Appeal, where they
thought there ought to be none. Whether the Council or House are
in the right, the Event of the Appeal can only determine. The
Commissioners were of Royal Nomination, and such as New Hamp-
shire contended for, and the MassacJmsets opposed, and therefore not
likely to be partial in Favour of the MassacJmsets. The Presumption
is in Favour of the Sentence, that it is right ; and the Massaclutsets
have appealed from it, as too much in Favour of New HampsJiirc.
And should it come out on the hearing of the Appeal, that the Coun-
cil have been right in their Opinion, what will then come of this
Charge against the Council ?
Besides, the House of Representatives had all along to this time
appointed Mr. Tomlinson the Agent of the House ; and this being
the Appeal of the House only, might be presented by him without
any Concurrence of the Council, and in Fact it hath so happened ;
for Mr. Tomlinson hath Presented the Petition and Appeal which is
now depending.
And at the Beginning of the Affair, the House sent to the Coun-
cil, that the Expence of it would be defrayed by private Subscrip-
tions.
BOUNDARY LINE PAPERS. 563
And as to raising Money for defraying the Expence of the Com-
mission, the Council were always ready for that ; but the House
would not concur with them, unless the Council would likewise come
into their Votes in Favour of Mr. Tomlinson.
And when it is considered how obstinately the House of Repre-
sentatives refused to come into any Vote for supplying the Treasury,
agreeable to the Royal Instructions, for five Years together, it is
amazing how they can have Resolution enough to make a Complaint
of this Kind, when the Council were ready to raise all such Sums as
were necessary ; but because they would not go further, and pass
Votes in Favour of Mr. Tomlinson, all the rest was as nothing.
As to the granting the Tract of Land, that involves the Council as
well as the Respondent, the Respondent acting in all Grants of
Lands by the Advice of the Council ; but how this can be turned
into an Appearance of a Complaint, is hard to conceive, unless it be
Matter of Complaint, because it was not granted to the Petitioners ;
for it is admitted the Lands granted were no Part of the controverted
Lands, and consequently were indisputably in the Power of the Gov-
ernor and Council, and for the Interest of the Crown and Province
to grant them. And there is no Objection that the Grantees were
not proper and responsible Persons in all respects, save that they
were great Opposers of the Settlement of the Lines ; which is only
inserted, as it is presumed, to shew that the Grants ought to have
been made to the Petitioners, as the zealous Asserters of the Line.
Besides, it no-where appears, that the Grantees were Opposers of the
Line. The Petition does not so much as name the Grantees, and
the Respondent neither knows nor believes they were any of them
concerned in opposing the Settlement of the Line ; but if they were,
it is conceived, this was no Objection to their being Grantees of the
said Land. And when they applied for this Grant on the usual
Terms, and were in all other respects properly qualified, it is appre-
hended, this would not have been such an Objection as the Respond-
ent could have been justified to have refused them a Grant on. And
there is no Pretence that the Petitioners, or any others, applied and
were refused ; and why the Petitioners should repine at a Grant of
unappropriated Lands being made to their Neighbours, for which
they never applied themselves, carries something with it that does
not cast the fairest Light on this Complaint.
These Observations, with those contained in the Respondent's
Answer, will, it is hoped, fully justify the Respondent against all the
several Articles of Complaint exhibited against him; and consider-
ing the Language in which this Petition is penned, there is little
Room to doubt but that if the Petitioners could have found out any
564 PROVINCE OF NEW HAMPSHIRE.
other Heads or Articles of Complaint against the Respondent or his
Administration, they would have appeared in this Petition.
And how far the Matters here charged against him, especially as
they now come out, will any ways warrant or support the strong Ex-
pressions made use of in the introductory Part of this Petition, the
Respondent most humbly submits.
The real Truth of the Case is this : — The Struggle of the Peti-
tioners is with the Power and Prerogatives of the Crown, which they
know the present Governor will never give up : they want to raise
Money and supply the Treasury, their own way, and to introduce the
same Rights in their House of passing Money Bills, as is enjoyed by
the BritisJi House of Commons. This is what was never allowed to
the House of Representatives in any of our Plantations, and the Re-
spondent's not coming into this, is the great, the real Greivance, tho'
the Petitioners dare not speak it out, and this was the grand Struggle
in supplying the Treasury. The House would not suffer the Council
to amend, neither would they suffer the Crown to direct ; for in all
their Votes resolved in direct Contradiction to the Royal Instruction,
and this was the Cause of all the Dissolutions, and this is the true
and real Foundation of the present Complaint, not but that they
could, when they pleased, conform to these Instructions. For tho'
they would not do it for the sake of the Province, nor to supply the
Treasury to defray the Expences of the Government there, yet when
they wanted Money for their favourite Agent, all Difficulties then
immediately vanished, and they could then confine their Votes with-
in the Bounds of the Royal Instruction.
So that really this is a Complaint against the Governor for doing
his Duty, and for supporting and enforcing to the best of his Power
the Royal Instructions, which were given him as that Guide and Rule
by which all his Actions were to be governed.
Upon the Whole, the Respondent humbly hopes the Petition shall be
dismissed, and declared to be groundless and vexatious.
J. Strange.
[ENDORSED.]
R. Hollings.
Andrew Wiggin, and OtJiers ..... Petitioners.
Against.
Jonathan Belcher, Esq : . . . . . . Respondent.
The Respondent's CASE.
To be heard before the Right Honourable the Lords of the Commit-
tee ^/"Council, at the Council Chamber, Whitehall, on Monday,
the \2tJ1 Day ^/"November, 1739.
BOUNDARY LINE PAPERS. 565
The House of Representatives of his Majesty's ")
Province of New Hampshire, by John Thomlin- I ADDeiianfS
son Esq ; their Agent, for and on behalf of His \ **?
Majesty, and of the said Province, — J
The Province of the Massachusets Bay . . . Respondents.
And
The Governour, only, of the Province of the Massa-
chusets Bay Appellant.
The House of Representatives of the Province of
New Hampshire Respondents.
The Case of the House of Representatives of the Province of New
Hampshire, depending before the Right Honourable the Lords of the
Committee of His Majesty's most Honourable Privy-Council, upon
two Petitions of Appeal presented to His Majesty in Council on the
6th of February 1737, and 20th of July 1738, from the Determination
made on the 2d of September 1737, by His Majesty's Commissioners
for settling the Boundaries of those Provinces.
King James the First, by Letters Patent under the i62o Ncvember
Great Seal, in the eighteenth Year of his Reign, granted 3. Grant from
in Fee, unto the Council establish'd at Plymouth for the Council of piy-
Planting of New England, and to their Successors and mouth'
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."
The said Council of Plymouth, by Indenture under i62 March
their common Seal, granted in Fee, unto Sir Henry Ros- Their Grant to
well, and five others therein-named, their Heirs and As- well anFotfarl
signs, and their Associates,
"All that part of New England in America aforesaid, which lies
" and extends between a great River there commonly called Mono-
" mack alias Merimack, and a certain other River there called Charles
"River, being in the Bottom of a certain Bay there commonly called
" Massachusets alias Mattachusets, alias Massatusets 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 southward of
566 PROVINCE OF NEW HAMPSHIRE.
"the most southermost part of the said Bay called the Massachusets
" alias Mattachnsets alias Massatasets Bay ; and also all those Lands
" and Hereditaments whatsoever which lie and be within the Space
" of three English Miles to the northward of the said River called
•' Monomack alias Mcrimack, or to the northward of any and every part
" thereof ; and all Lands and Hereditaments whatsoever, lying within
u the Limits aforesaid, North and SoiUJi in Latitude and in Breadth,
61 and in Length and Longitude, of and within all the Breadth afore-
" said, throughout the main Lands there, from the Atlantick and wes-
" tern Sea and Ocean, on the East Part, to the South Sea, on the
" West Part."
1628 March 4. King Charles the First, by Letters Patent under the
Confirmation Great Seal, in the fourth Year of his Reign, reciting the
grant by the said Indenture which had been made by the Council of
oJTa&Sr^to Plymouth, did grant and confirm unto the said Sir Henry
'o/theu^chu- -R0SWeH> and the five other Grantees before-nam'd and
set's Bay. also to their Associates therein-nam'd, viz. Sir Ralph Sal-
toustall and nineteen other Persons; their Heirs and
Assigns,
" All the said Part of Nciv England in America, lying and extend-
" ing between the Bounds and Limits in the said Indenture exprest,
" and all Lands and Grounds, Place and Places, Soils, Woods, and
" Wood-Grounds, Havens, Ports, Rivers, Waters, Mines, Minerals,
"Jurisdictions, Rights, Royalties, Liberties, Freedoms, Immunities,
"Privileges, Franchises, Preheminences and Hereditaments whatso-
" ever, bargained, sold, ere. or mentioned to be given, granted, &c,
"to the said Sir Henry Roszvell, &c, by the said recited Indenture."
And, by further granting Clauses in the same Letters Patent, his
said Majesty did (in a more particular manner) grant in Fee, unto the
said twenty-six Grantees, their Heirs and Assigns,
"All that said part of New England in America, which lies and
" extends between a great River called Monomack alias Mcrimack
" River, and a certain other River there, called Charles River, being
" in the Bottom of a certain Bay there commonly called Massachusets
" alias Mattachuscts alias Massaticscts 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
" Charles River, or of any or 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 southward of the
" southermost part of the said Bay called Massachusets alias Matta-
" chusets alias Massatusets Bay ; and also all those Lands and Her-
" editaments whatsoever, which lie and be within the Space of three
" English Miles to the northward of the said River called Monomack
BOUNDARY LINE PAPERS. 567
" 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 a7id Breadth, and in
" Length and Longitude, of and within all the Breadth aforesaid,
"throughout 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 the said King created the said twenty-six Grantees, and such
others as should be made free of the Company, a Body Politick and
Corporate, by the Name of the Governour and Company of the Mas-
sachusefs-Bay.
The Council of Plymouth, by another Indenture under i6a November
their common Seal, granted and enfeoffed in Fee, unto i- The Council
Capt. John Mason his Heirs and Assigns, Grant tVSson
"All that part of the main Land in New England, f^l™ Hamp"
" lying upon the Sea-Coast, beginning from the middle
"part of Merimack River, and from thence, to proceed, northwards,
"along the Sea-Coast, to Piscataqua River ; and so, forwards, up,
"within the said River, and to the further Plead thereof ; and from
"thence North-vuestzvards, until threescore Miles be finished from
" the first Entrance of Piscataqua River ; and also from Merimack,
" through the said River, to the furthest Head thereof, and so, for-
wards, up, into the Land, westward, until threescore Miles be fin-
ished; and from thence, to cross, over Land, to the threescore
"Miles End, accounted from Piscataqua River; together with all
" Islands and Islets, within five Leagues distance of the Premisses,
"and abutting upon the same or any Part or Parcel thereof."
Which said Portion of Lands, with the Appurtenances, the said
Captain Mason therein declared his Intention to call by the Name
of New Hampshire.
And the Council of Plymouth covenanted that Mason should hold
the Premisses, without any Interruption from them, or from any Per-
son or Persons claiming under their Estate, Right, Title or Interest.
The great Council of Plymouth, by an Instrument l6 5 June
under their common Seal, reciting the Grant made to The council of
them by the Letters Patent of the eighteenth of King rlnlusd stlei~r
James the First, granted and surrendered, to King cchrZvZ t0 the
Charles the First, the said Letters Patent, and all the
Liberties, Privileges and Authorities thereby given, and their Estate,
Claim and Demand in and to the same.
In about seven Years after the first Incorporation of i63s Trinit
the Old Colony of the Massachusetts Bay, Quo Warranto s ^enrm. QuoWar-
were brought in the King s Be?ich, against the Governour, the10 Govefnoul
Deputy-Governour, and every of the Assistants of the ^c'
568 PROVINCE OF NEW HAMPSHIRE.
Corporation of the MassacJiuset1 s Bay in New England, namely, Sir
Henry Roswcll and the rest of them, and a Day was appointed for
them to make their Appearances — Some of them appear'd and dis-
claim'd the Charter — Others, not appearing, were outlawed, and
i637j Easter Judgment was given, for the King, that the Liberties
Tenn.y«&w»M* and Franchises of the said Corporation should be seized
into the Kind's Hands, and Matthew Cradock the Gov-
ernour, his Body to be taken into Custody, for usurping the said Lib-
erties.
1637 May 3. King Charles the First in Council, taking into Con-
cur in Coun. sideration the Patent granted to the Governour of New
their Parent and England, did order that the Attorney-General should
pBoarl U l° the call for it in, and present it to the Board, or to the Com-
mittee for foreign Plantations.
After this time, though the Old Colony of the MassacJiuset s-Bay
kept possession of some Lands, and exercised some Powers (which
possibly was owing to the Troubles this Kingdom soon afterwards
fell into, whereby the Charter was not taken up, nor that distant
Affair much attended to) yet it is submitted whether they had any
Colour of lawful Authority so to do.
1639 April 3. King Charles I. by Letters Patent under the Great
Grant from ike Seal, in the 15th Year of his Reign granted in fee, unto
Ferdinando Sir Fcrdinando Gorges, his Heirs and Assigns,
ProfLfe % "All that Part, Purpart and Portion of the Main Land
Maine- " of New England aforesaid, beginning at the Entrance
" of Piscataqua Harbour, and so to pass up the same, into the River
" Newichwannock, and through the same, unto the furthest Head
"thereof, and from thence northwestward, till 120 Miles be finish'd ;
"and from Piscataqua Harbour Mouth aforesaid, northeastward, along
" the Sea-coast to Sagadahocke, and up the River thereof to Kenne-
" beck River, and through the same unto the Head thereof, and into
"the Land northwestward, until 120 Miles be ended, being accounted
"from the Mouth of Sagadahocke ; and from the Period of 120 Miles
"aforesaid, to cross over Land, to the 120 Miles and formerly reck-
"oned up into the Land from Piscataqua Harbour, through Newich-
" wannock River ; and also the North Half of the Isles of Shoals,
"together with the Isles of Capawocke and Nautican near Cape Cod ;
"as also, all the Islands and Islets lying within 5 Leagues of the
" Main, all along the aforesaid Coast, between the aforesaid Rivers
"of Picataqua and Sagadahocke, with all the Creeks, Harbours and
"Havens thereunto belonging."
So that the old Colony of the Massachusets ', (while they had Exist-
ence) claimed by Grant from the Council of Plymouth, and by Con-
firmation from the Crown under the Great Seal, in Breadth from 3
BOUNDARY LINE PAPERS. 569
miles South of Charles River, to 3 Miles North of Merimack River,
or to the Northward of any and every part thereof, and, in Length
from Sea to Sea.
Captain Mason claim'd (by Grant only from the Council of Ply-
mouth,) what he called New Hampshire, extending, in Breadth, from
the middle of Merimack River to Piscataqua River, and, in Depth,
back into the Country, 60 Miles only.
And Sir Ferdinando Gorges claim'd the Province of Maine, by a
Grant made by the Crown, (after the Surrender from the Council of
Plymouth) extending, in Breadth, from Piscataqua Harbour and
Newichwannock River, unto Sagadahocke and Kennebeck River, and
in Depth back into the Country, 120 Miles only.
The Breadth of the old Massachusets Colony, (at the Sea Coast)
was about 60 English Miles (upon a streight Line of Latitude.)
The Breadth of the Province of New Hampshire, at the Sea-coast,
upon a streight North Line of Latitude, is not above 16 or 17 Miles,
and measuring it aslant, as the Sea-coast lies, does not then measure
above 19 Miles in Breadth there.
And the Breadth of the old Province of Maine aslant on the Sea-
coast was about 86 Miles.
The general Course of the River Merimack, appears from the
Plan sent over by the Commissioners.
This River is most undoubtedly called Merimack at the Mouth of
it, where it empties it self into the Sea.
From that Mouth, the Course of the River upwards, is a general
western Course for 29 or 30 Miles back into the Country.
And, so far as it goes that general western Course, a streight Line,
from Sea to Sea, to be 3 Miles North of that River, is a plain, easy and
natural Boundary to the Massacliusets Colony, under their old Charter.
But, after the River has gone so far up into the Country, upon
that general western Course, then, one of the many Branches which
run into it, turns short away, and (whatever Name it is called by)
runs for about 55 Miles upon a general northern Course, sometimes
North-easterly, or inclining to the East of the North, quite up to
Winnipissiokee Pond or Lake.
And, if this be (all of it) Merimack River, and that the old Colony
of the Massachusets, under their old Charter, were to run their north-
ern Bound from Sea to Sea by a crooked Line 3 Miles distant from
Merimack River, and from every or any part thereof, it must have
been a Line in this Manner, Supposed South Sea.
37
Atlantick Sea,
57° PROVINCE OF NEW HAMPSHIRE.
The Governour and Company of the MassacJiusets
l.7 TAeeAnTwer Bay, presented to King Charles II. in Council, their
°Lihand°vcom. Answer in writing, to the several Petitions and Com-
pany of the plaints presented by Messieurs Gorges and Mason, com-
Massachusets, to l . . l J & . '
the Complaint plaining then or Encroachments made upon their Tracts,
sonlnd Gorge* by the People of the Massachusets ; together with a brief
%enUmadeau/>on Declaration of their (the said Governour and Company's)
them by that Right and Claim to the Lands in their Possession, but
pretended to by the said Gorges and Mason.
The Massachusets said, in their said Answer, that they settled in
the most known parts of their Grant, and that Mason and Gorges also
settled upon their Grants, being (as they supposed) without the
Limits of the Massachusets Grant ; but that Disturbances arose
among the Settlers under Mason and Gorges, who left and forsook
their Settlers ; and in that Time, Ignorance in the Massachusets, of
the northerly running of Merimack River, hinder'd them from
claiming the Government ; but, at length, being more fully settled,
and having obtained a further Acquaintance with the Indians possess-
ing the uppermost Parts of that River, they, at the Request of the
eastern Inhabitants, employed Artists, and found that their northern
Patent Line did extend so far north as to take in all those Towns
and Places which they then possest ; and that the Inhabitants there-
of, being urged with the Necessity of having some Government
amongst them, voluntarily submitted to the MassacJiusets Govern-
ment, namely, such several Towns in Nezv Hampshire, at such re-
spective Times, as in the said Answer was mentioned.
And they went on in the following Words, in their said Answer :
" That our Extension of Government to those eastern parts
" claimed, is agreeable to our indubitable Patent-right. Our Patent,
;t according to the express Terms therein contained, without any
il Ambiguity, or Colour of the Interpretation, lies between two East
4 'and West Parallel lines, drawn from the most southerly part of
" Charles River, and the most northerly part of Merimack, with 3
" Miles Advantage upon each ; which, upon the Observations of Men
" of approv'd and undoubted Truth upon Oath, are found distant
" one Degree and 49 Minutes North Latitude, being to extend in full
" Latitude and Breadth from Sea to Sea, ut in terminis, and there-
fore cannot be bounded by many hundreds, or infinite Numbers of
" Lines, as the River Merimack maketh Bends or Angles in 200
"Miles Passage from Winnipissiokee 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
" means to be admitted by a Prince seeking his Subjects Peace, &c.
BOUNDARY LINE PAPERS. 57 1
And they insisted that, according to confirm'd Observations, which
they had caused to be made, all the eastern Plantations, challenged
by their Opponents, as above, were comprehended within the Massa-
chusets northerly Line.
King Charles II. referred to the Lords of the Commit- , , „ ,
1676. February
tee for Trade and Plantations, the said Matters in Con- i- Reference of
troversy between the Corporation of the Massachnsets
Bay and Mr. Mason and Mr. Gorges ; and directed an Examination
into the Bounds and Limits which the Corporation, on the one hand,
and the said Mason and Gorges, on the other, pretended by their sev-
eral Grants and Patents to have been assign'd unto them ; and also
directed an Examination into the Patent and Charters insisted on by
either Side, in order to find out and settle, how far the Rights of Soil
or Government did belong unto any of them ; and in the Consider-
ation thereof, the two Lords Chief Justices were appointed to give
their Assistance.
After which the Lords of the Committee, and the special RePort
Lords Chief Justices Rainsford and North, specially re- made thereon,
ported to the King in Council, That the Respondents the ernment I n i°y~
Massachusets, did disclaim Title to the Lands claimed by 7h?^kt$Zii\$
the Petitioners Mason and Gorges ; and that as the and *H/rp?ov-
• r 11 T-k lnce ^/Malne
Lands were in Possession of several other Persons, not only.
before the Lords Chief Justices, they did not think fit to examine
any Claims to the said Lands ; but, in presence of the Parties, did
examine their several Claims to the Government ; and the Petitioners
having waved the Pretence of a Grant of Government from the
Council of Plymouth, (wherein their own Council convinced them,
that no such Jurisdictiom could be transferred by any Colour of
Law) the Question was reduced to the Province of Maine, whereto
the Petitioner Gorges made Title by the Grant from King C/iarles, I.
in the 15th Year of his Reign. — And it was insisted, that the Grant
of the Government to the Massachusets, by their Grant in the 4th *
Year of King Charles I. 3 Miles to the Northward of Merimack
River, or to the northward of any and every part thereof, could ex-
tend no further than the Ownership of the Soil ; the Boundaries of
which, as recited in that Patent, wholly excluded the Province of
Maine, which lay northward more than 3 Miles : And thereupon
their Lordships observed, that it seemed to them to be very clear,
that the Grant of the Government the 4th of Charles I. extended no
farther than the Boundaries exprest in the Patent ; and that those
Boundaries could not be construed to extend further northwards along
the River Merimack than 3 English Miles ; for the North and South
Bounds of the Lands granted, so far as the Rivers extended, were to
572 PROVINCE OF NEW HAMPSHIRE.
follow the Course of the Rivers, which made the Breadth of the
Tract ; the Words describing the Length to comprehend all the Lands
from the Atlantick Ocean to the South Sea, of and in all the
Breadth aforesaid, did not warrant the over- reaching of those
Bounds by imaginary Lines or Bounds ; other Exposition would,
in their Opinion, be unreasonable and against the Intent of the
Grant. — The Words, of and in all the Breadth aforesaid, shew
that the Breadth was not intended an imaginary Line of Breadth
laid upon the broadest part, but the Breadth, respecting the Contin-
uance of the Boundaries by the Rivers, as far as the Rivers go ; but
when the known Boundary of Breadth determines, it must be car-
ried on by imaginary Lines to the Sonth Seas. And if the Province
of Maine lay more northerly than 3 English Miles from the River
Merimack, the Patent of the 4th of Charles I. gives no Right to gov-
ern there, and thereupon the Patent of the 15th of Charles I. will be
valid.
So that, upon the whole, their Lordships were of Opinion, as to the
Power of Government, that the Respondents the Massachnsets, by
their Patent, had such Right of Government as was granted them
by their Patent, within the Boundaries of their Lands exprest there-
in, according to such Description and Exposition as aforesaid.
And the Petitioner Gorges, by the Patent of 3d April, had such
Right of Government as was granted by the same Patent, within the
Lands called the Province of Maine, according to the Boundaries of
the same, exprest in the said Patent.
. , His Majesty in Council approved and confirmed the
1677. July 20. J li
Order in Coun- said Report, and ordered all Parties to acquiesce there-
czV confirmi?ig
it. in.
In the same Year (as «the Massachnsets now insist) the Assignee of
Mr. Gorges, conveyed to them the Province of Maine ; but they have
not produced or proved the said Conveyance.
168 Trinit ^ Judgment was given in the Court of Chancery in
Term 36 Car. n. England, upon a Writ of Scire facias brought and pre-
c'Lf/c'er/to Va- sented against the Governour and Company of the Mas-
ToietheecJ!onyeof sachusets Bay in New England, that the said Letters
the Massachusets Patent of King Charles I. dated the 4th of March, in the
4th Year of his Reign, and the Enrolment of the same, should be
cancelled, vacated and annihilated, and should be brought into the
said Court to be cancelled.
And, for above seven Years together, afterwards, the People in
the Colony of the Massachnsets Bay, had no Charter whatever, but
were under his Majesty's Government.
BOUNDARY LINE PAPERS. 573
King William and Queen Mary, by Charter under the i6 0ctober
Great Seal, in the 3d Year of their Reign, gave and grant- &**> charter to
ed in Fee, unto their Subjects the Inhabitants of the Ter- the MaSiu-
ritory of the Massachusets Bay and their Successors, some sets>
of those Lands which they had formerly had a Grant of (but by other
and very different Botuids and Descriptions now) also several other ex-
ceeding large Tracts of Lands, (which the Massachusets had never be-
fore had any Title to ;) and, over some of those Lands which were
convey'd by this new Charter, the Crown granted to the said Inhabi-
tants one Degree of Power, and over otJiers of them, the Crown grant-
ed another Degree of Power.
The said Charter of King William and Queen Mary The Conients of
recites the Charter granted by King James the 1st, to such new c/mr-
the Council of Plymouth, their Grant to Sir Henry Ros-
well and others in the 3d Year of King Charles the 1st, and that
King's Confirmation thereof by his Charter in the 4th Year of his
Reign ; It also recites that the said Governour and Company of the
Massachusets Bay, by virtue of the said Letters Patent, settled a Col-
ony of E7iglish in those parts ; and it likewise recites the said Judg-
ment in Chancery in the 36th of King Charles the lid, for vacating
the said last-mention'd Letters Patent ; and that sundry Persons had
made Application to their said Majesties, to incorporate their Sub-
jects in the said Colony, and to grant them such Powers, Privileges
and Franchises, as their Majesties should think most conducive to
their own Interest and Service.
Their Majesties therefore, by the said Charter, did in the first
place will and ordain, " That the Territories and Colonies commonly
u called or known by the Names of the Colony of the Massachusetts
■ ' Bay, and Colony of New Plymouth, the Province of Maine, the Ter-
" ritory called Accada or Nova Scotia, and the Province of Maine be
a erected, united and incorporated ; and we do by these Presents
" unite, erect and incorporate the same into one real Province, by the
" Name of our Province of the Massachusets Bay in New-England.
And of our special Grace, &c. u We do give and grant imto our
a good Subjects the Inhabitants of our said Province or Territory of
" the Massachusetts Bay, and their Successors,
" All that Part of Nezv-England in America, lying and extending
" from the Great River, commonly called Monomack alias Merimack,
tl on the North-part, and from 3 Miles Northward of the said River,
"to the Atlantick or Western Sea or Ocean, on the South-part ; and
" all the Lands and Hereditaments whatsoever, lying within the Lim-
" its aforesaid, and extending as far as the outermost Points or Prom-
ontories of Land, called Cape Codd and Cape Malabar, North and
574 PROVINCE OF NEW HAMPSHIRE.
" 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 Atlantick or Western Sea and Ocean
" on the 1 Last-part, towards the South-Sea or Westward as far as our
" Colonies of Rhode-Island, Connecticut and the Narragansett Coun-
" try.
" 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 Newichivannock , and through the same into the fur-
thest Head thereof, and from thence North-Westward, until 120
" Miles be finish'd ; and from Piscataqua Harbour Mouth aforesaid
" North-Eastward along the Sea-Coast to Sagadahocke : and from the
"period of 120 Miles aforesaid to cross over Land to the 120 Miles
" before-reckoned up into the Land from Piscataqua Harbour through
" Newichwannock River.
" And also the North Half of the Isles and Shoals.
" Together with the Isles of Capawock and Nantucket, near Cape
" Codd aforesaid.
" And also Lands and Hereditaments lying and being in the Coun-
" try and Territory, commonly called Accada or Nova Scotia.
" And all those Lands and Hereditaments lying and extending be-
" tween the said Country or Territory of Nova Scotia, and the said
" River of Sagadahocke, or any part thereof.
" And all Lands, Grounds, Places, Soils, Woods, and Wood-
" Grounds, Havens, Ports, Rivers, Waters, and other Hereditaments
" and Premisses whatsoever, lying within the said Bounds and Lint-
" its aforesaid, and every Part and Parcel thereof.
"And also all Islands and Islets lying within 10 Leagues, directly
" opposite to the Main Land, within the said Bounds.
And all Mines and Minerals whatsoever, in the said Lands and
Premisses.
To hold to the said Inhabitants of the said Province of the Massa-
chusets Bay, and their Successors for ever.
To be held of their Majesties, as of the Mannor of East-Greenwich,
by Fealty only, in free and common Soccage.
Yielding the 5th Part of Gold and Silver Ore, and precious
Stones.
Immediately after which granting Part, follow these three re-
strictive Clauses or Provisos, viz.
" Provided nevertheless, and we do, for us, our Heirs and Succes-
" sors, grant and ordain, that all and every such Land, Tenements,
" Hereditaments, and all other Estates which any Person or Persons,
" or Bodies politick or corporate, Towns, Villages, Colleges or
BOUNDARY LINE PAPERS. 575
" Schools, do hold and enjoy, or ought to hold and enjoy, within the
" Bounds aforesaid, by or under any Grant or Estate duely made or
" granted by any General Court formerly held, or by virtue of the Let-
" ters-P at ent herein before recited, or by any other lawful Right or Ti-
" tie whatsoever, shall be, by such Person and Persons, Bodies poli-
"tick and corporate, Towns, Villages, Colleges or Schools, their re-
" spective Heirs, Successors and Assigns, for ever hereafter held
"and enjoyed according to the Purport and Intent of such respective
"Grant, under and subject nevertheless to the Rents and Services
"thereby reserv'd or made payable, any matter or thing whatsoever
" to the contrary notwithstanding.
"And provided also, That nothing herein contained shall extend,
" or be understood or taken, to impeach or prejudice any Right, Title,
". Interest or Demand which Samuel Allen of London, MercJiatit,
" claiming from and tinder John Mason, Esq ; deceas'd, or any other
" Person or Persons, hath or have, or claimeth to have, hold, and en-
"joy of, into or out of any Part or Parts of the Premisses situate
" within the Limits above mentioned ; but that the said Samuel 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, That no Grants or Con-
veyances of any Lands, Tenements or Hereditaments to any Towns,
" Colleges, Schools of Learning, or to any private Person or Persons,
" shall be judged or taken to be avoided or prejudiced for, or by rea-
" son 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 manner 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.
Then the Charter goes on (for six long Pages together) directing
the Numbers and Qualifications of the present and future Members
of the Corporation, and granting particular Powers of Government,
Jurisdiction, Legislature, &c. in very many Instances.
After all which, there follows one other Clause, on the first Part
whereof the Massachusets have rely'd.
" Provided also, That it shall and may be lawful for the said Gover-
" nour and General Assemblys, to make or pass any Grant of Lands
" lying within the Bounds of the Colonies, formerly called the Colonies
" of the Massachusets Bay, and New Plymouth, and Province of Maine 9
" 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 and ordain to be and continue
57^ PROVINCE OF NEW HAMPSHIRE.
i(
for ever of full Force and Effect, without our further Approbation
or Consent. — And so as nevertheless, and it is our Royal Will and
" Pleasure, that no Grant ox Grants of any Lands, lying or extending
"from the River of Sagadahocke to the Gulph of St. Lawrence, and
" Canada Rivers, and to the Main Sea Northward and Eastward, to be
" made or pass'd by the Governour and General Assembly of our said
" Province, be of any Force, Validity or Effect., until We, our Heirs and
" Successors shall have signified oiir or their Approbation of the same,
The People in New Hampshire have, for a longtime, endeavour'd,
at a great Expence, and by every means in their Power, to have their
Bounds settled.
October The House of Representatives of the Province of New
HampsJiire, by a Vote of this Date, appointed John Rindge,
Esq ; to be Agent of that House in Great Britain, to sollicit the set-
tling the Boundaries.
Mr. Rindge came over hither and humbly petition'd
His Majesty in Council to settle those Boundaries here.
i733, March -g. His Majesty referred that Petition to the Lords of the
April 16. Committee of Council, and their Lordships referred the
same again to the Lords of Trade.
Mr. Rindge and the Persons he employed, prest on that Petition
with the utmost Ardour and Diligence ; but through the frequent
and coistant Opposition, given on the Part of the MassacJiuscts Bay,
it was between 4 and 5 Years before Mr. Rindge could obtain a Com-
mission to issue, meerly to settle the Bounds of the two Provinces.
Pending this Petition the Lords of Trade sent to His
1 14" Majesty's (then) Attorney and Sollicitor-General the Char-
ter granted to the Massachusets in 1691, and the following Question
in Writing, viz.
,„, - „ " From what Part of Merimack River the three Miles
*734i January 5*
a Question re- "(from whence the dividing Line between the Province
tor and Mr'. Soi. " of New HampsJiire, and the Province of the Massachu-
" sets Bay, is to begin) ought to be taken, according to
the Intent of the Charter of William and Mary ?
,, . Mr. Attorney and Mr. Sollicitor-General made their
1734, March 19. J
Their Report Report in the following Words thereon, vie.
LiZs °mtg% to " We have been several times attended by the Council
u& ctZlZf " and Agents of both Provinces. 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 Merimack River. — The Council for the Massa-
" chu set's Bay would not say what it zvas they insisted on, or give any
" Answers to what had been urged by the Council of the other side ;
BOUNDARY LINE PAPERS. 577
"but declared, "that in their Opinion the Question which was pro-
posed to us would not deit ermine the Matters in Dispute ; and that
" therefore they thought it unnecessary to say any tiring upon it. —
" Whether this be so or not, we are not able to judge ; but, as to
" the Question which is referred to us, we are of opinion that the
" dividing Line, between the Province of New Hampshire and the
" Province of the Massachuscts Bay, is to be taken according to the
" Intent of the Charter of William and Mary from three Miles North
"of the Mouth of Merimack River, where it rims into the Atlantick
" Ocean.
At last, His Majesty was pleased to take upon hnn (by the Con-
sent of the Agent for the Massachusets Bay) to appoint Commis-
sioners to determine these Disputes. And,
A Preparatory Order in Council was made, wherein I736iFebruaryg.
the Powers to the Commissioners and many other neces- Order in Coun-
-,-- . . , -,. J , , -■ , cil preparatory
sary Directions were contained ; and it was order d, that to the present
a Commission agreeable thereto should be prepared, in Commtsswn-
order to pass the Great Seal ; and it was thereby order'd, That the
Charges attending the Commission and the Execution thereof, should
be equally born between each Province ; the Agents of the said Prov-
inces having agreed it was reasonable so to be.
The Consent mention'd in that Order on the part of the Massa-
chusets, had been personally given by their Agent before the Lords
Commissioners of Trade, and also before the Lords of the Council ;
had been given in Writing, also, in a Petition, signed by their Agent
to the Lords of the Council, had been reported in one or two several
Reports from those respective Boards ; and finally was order'd by the
said Order in Council.
As New Hampshire had, all along, with the greatest Diligence, and
under repeated Oppositions from their Antagonists in all shapes, pur-
sued this Affair, in order to have the Boundaries settled, and there-
by his Majesty's and their own Rights preserved from the Encroach-
ments of the Charter-Government, so the New Hampshire Agent
sued out the Commission under the Great Seal (which they have rea-
son to believe would otherwise never have been sued out) and there-
in expended the Sum of 135 /. 4 s. 6 d.
His Majesty's Commission under the Great Seal bore i A ril
date here, it was directed to twenty Commissioners there- The Commis-
in named, whom, or any five or more of whom, his Ma- SGreaTs7ai il
jesty thereby authorized and appointed to be his Com- suedhere-
missioners for settling, adjusting and determining the respective
Boundaries of tfce said Provinces of the Massachuscts Bay and New
Hampshire. And his Majesty, amongst other Directions therein con-
57^ PROVINCE OF NEW HAMPSHIRE.
tained, was pleased to direct and command that the Commissioners
should hold their first Meeting on the first of August 1737 ; and that
in case either of the Provinces should neglect to send to the Commis-
sioners, at their first Meeting, the Names of two publick Officers (for
the Purposes therein mentioned) or should neglect to send to the
Commissioners at their first Meeting, a plain and full State of their
Demands or Pretensions, (in the particular manner therein directed)
then the Commissioners, in either of those Cases, should proceed ex
parte. And it was thereby further directed, that no Witnesses
should be allowed of by the Commissioners to give Evidence, but
such as should be sworn, or take a solemn Affirmation before the
Commissioners in open Court ; and that the whole of what such Wit-
nesses should offer, should be put in Writing by the Clerk, in the
Presence of the Commissioners, and of the respective Witnesses, and
should be read to, and sign'd by the respective Witnesses : — And
that Entries should be made of all Papers, Evidences, Deeds, Char-
ters and Proofs received by the Commissioners in the Affair, and of
all their Proceedings and Resolutions throughout the same, and that
Plans or Drafts of such boundary Lines as should be agreed upon by
the Commissioners should be annexed thereto and made Parts there-
of ; and that when the Commissioners should have made their final
Determination, a Copy should be sent to certain publick Officers in
each Province, and notice of another Meeting, to be held at a certain
distance of time thereby appointed, at which said Meeting either of
the said Provinces who should find themselves aggrieved might enter
their Appeal to his Majesty in his Privy-Council, with a Declaration
what Parts of the Determination of the Commissioners they abided
by, or ' appealed from ; but, if neither of the said Provinces should
enter their Appeal or Exception against the Determination of the
Commissioners, at such last Meeting, then in such Case it was his
Majesty's Will that no Appeal or Exception should be afterwards re-
ceived or admitted, and such Determination of the Commissioners,
being confirm V by his Majesty, should be final and conclusive to both
the said Provinces.
The Conduct of the common Governour of both Provinces, to frus-
trate his Majesty's Commission, obtained after so much Opposition
and Expence, although he had been in due time over and over served
with the Order in Council to take care that proper Preparation was
made for the Arrival of the Commission ; and whereby the said Gov-
ernour, in Disobedience to the said Order in Council, endeavourd to
prevent New Hampshire being heard at all, either before the Com-
missioners first, or before his Majesty by any Appeal; and which he
carried so far as, by his own Act, to make it impossible for the whole
Province of New Hampshire to name any Officers, or to present any
BOUNDARY LINE PAPERS. 579
Claim before the Commissioners, or to make any Appeal, has, upon
an Enquiry into the same, very lately appear'd before this most hon-
ourable Board.
But although the Governour made it impossible for the whole As-
sembly of New Hampshire, or even for the House of Representa-
tives (as such) to do any one Matter directed by the Order in Coun-
cil, yet a Committee appointed, for another Purpose, at a former Ses-
sions by the House of Representatives of New Hampshire, attended
the Commissioners at their first and subsequent Meetings, and carried
on the Business in the best manner the Governour would let them.
The Commissioners met and opened their Commission, Au<nist , The
and the said New Hampshire Committee attended them, commissioners
and nominated, in Writing, to them, (on that very Day) Sire, ew««™Ti
two publick Officers for New Hampshire, namely, the Sec- %$££%£ l the
retary and High-Sheriff of the Province. Demands, &c.
And, on the same Day, the said New HampsJiire Committee also
presented to the Commissioners a Claim and Demand, in Behalf of
his Majesty, and of the Government of his Province of New Hamp-
shire, whereby they did demand and insist,
i. That the southern Boundary of that Province The Puritort of
should begin, at the end of three Miles North from the the New HamP-
middle of the Channel of Merimack River, where it runs
into the Atlantick Ocean, and from thence should run, on a strait Line,
West, up, into the main Land, towards the South Sea, until it meets
with his Majesty's other Governments.
2. That the northern Boundary of New Hampshire should begin,
at the Entrance of Piscataqua Harbour, and so to pass up the same,
into the River of Newichwannock , and through the same, into the
furthest Head thereof, and from thence, northwestward, that is,
North, less than a quarter of a Point zvesterly, as far as the British
Dominion extends.
3. They insisted that the western Half of the Isles of Shoals lay
within the Province of New HampsJiire.
4. And lastly they demanded that the Charge attending the Com-
mission, and the Execution thereof, should be equally borne by each
Province according to the Order of Council.
Which Demand was received and recorded, and afterwards pro-
ceeded upon, by the Commissioners.
The Massachusets general Court prepared and approved Au ust
the State of their Demands.
The Commissioners met again, and then the Commit- A . „ ~,
Y 1 August 8, I he
tee for the Massachusets produced, and the Commission- Massachusets
ers received, the Massachusets State of their Claims and Deman '
Demands.
$80 PROVINCE OF NEW HAMPSHIRE.
Wherein they set forth the Order of Council of 1677, (made upon
the Bounds of their old Charter) and insist on that, as conclusive and
irrefragable, in the present Controversy.
And they claimed and demanded,
1. A boundary Line, on the southerly Side of New Hampshire, be-
ginning at the Sea, three English Miles North from the Black Rocks
so called, at the Mouth of the River as it emptied itself into the Sea
sixty Years ago, thence running parallel with the River, as far north-
ward as the CrotcJi or Parting of tJie River, thence due NortJi as far
as a certain Tree, commonly known (as they said, but never offered
to prove) for more than seventy Years past by the Name of Indicofs
Tree, standing three English Miles northward of the said Crotch or
parting of Merimack River, and, from thence, due West to the South
Sea.
2. And, on the northerly Side of New Hampshire, they claimed a
boundary Line, beginning at the Entrance of Piscataqua Harbour,
passing up the same, to the River NewicJnvannock, through that, to
the furthest Head thereof, and from thence, a due north-west Line,
till 120 Miles, from the Mouth of Piscataqua Harbour be finish'd.
And the Commissioners received and proceeded on that Claim also.
And the Commissioners, on the same Day, gave Copies of each
other's Demands to the respective Committees, and adjourned to the
next Day, to receive their reciprocal Answers to each other's De-
mands.
Au The Commissioners met, but the respective Commit-
tees not being ready with their Answers, (as it was
impossible the New Hampshire Committee should, their Assembly
not having yet sate once) the Commissioners adjourn'd again to the
next Morning.
A The Commissioners met, but the Answers not being
August 10. . , . -r^ &
yet ready, they adjourn d again to next Day.
August 11. The Commissioners met,
XT „ ,. And the New Hampshire Committee first tender' d
New Hampshire ... £*- «"••■• i i •
Answer. their Answer to the Massachusets Claim, and therein
offered such Reasons and Arguments as they thought
proper, in support of their Demands, and in answer to the Massachu-
sets Claim :
M . , And afterwards, on the same Day, the Massachusets
Massac husets , J n , ' . . J
Answer. Committee filed their Answer also ;
Both which Answers were received and recorded by
the Commissioners.
Notwithstanding the Directions given by the preparatory Order
in Council, and in the Royal Commission, and the Commissioners
BOUNDARY LINE PAPERS. 58 1
own Order agreeable thereto, yet the Massachusets producde five
Massachusets Men interested in the Dispute, and had them sworn,
and delivered in long ready-prepared Depositions, directly contrary
to the same ; then objected to the same themselves, and desired and
had leave to examine the self-same Persons to a Set of leading Inter-
rogatories ; against all which New Hampshire filed several Protests
before the Commissioners.
After the Massachusets Committee had re-examined A , ,
August 26, 27, 29,
the said five Witnesses, they, upon the 26th, 27th, 29th 30. An Account
and 30th of August, produced to the Commissioners, as written "eY/-
Evidence on their part, the new Charter to the Massa- f^^SsZhn-
chusets of 7th October 1691, (which recites the Charter to sets-
the Council of Plymouth, that Council's Grant to Sir Henry Roszvell
and others, the old Charter to the Massachusets Bay, and the Judg-
ment upon the Scire facias against that old Charter ;) they also pro-
duced the said Report and Order of Council of 20th July 167 7, the
Grant from the Council of Plymouth to Mr. Mason of New Hamp-
shire, dated 7th November 1629, several Clauses out of the Commis-
sions granted by the Crown in 1691, 1697, 1702, 1716 and 1727, for
the Government of a part only of the Province of New Hampshire,
some unauthentick Copies of the pretended and ex parte Affidavits of
four Persons, (made in May 1665) some Purchase-Deeds from Indians,
a Grant from Governour Shute in 1722 to the Town of Chester, the
Declaration of the Massachusets General Court in 1679 for withdraw-
ing their Commissions out of some particular Towns in New Hamp-
shire, an Address from the Massachusets to King Charles II. in 1678,
and the Charter from King Charles I. of the Province of Maine, to
Sir Ferdinando Gorges in 1639.
And the New Hampshire Committee objected generally New Hampshire
in Writing, to all such Evidence as related to the Time filed an qbjec-
of the Massachusetts old Charter, which they insisted which Veiaui,
could not operate in this Case, nor had any Relation to etc'
the new Charter, having been transacted under the old Charter, be-
fore that was vacated and annihilated.
The New Hampshire Committee produced as Evi- An Account of
dence, the Clause out of Governour Belcher s Commission <*«. Pieces 0/
in 1729, (which was the only one that contained the lunce'^fferedly
Grant of the Government of the whole Province of New New HamPshire-
Hampshire) in which there were no Bounds mentioned at all for that
Province, and the MassacJiusets Declaration of their Right and Claim
in 1676, in answer to Gorges and Mason s Petition, and the Duplicate
of the Order in Council of the 9th February 1736, and a Copy of Mr.
Attorney and Sollicitor General's Report of 19th March 1734, where
582 PROVINCE OF NEW HAMPSHIRE.
one of the dividing Lines in question ought to begin, according to the
Intent of the new Charter; which Copy was attested to be a true
Copy of the original Report, under the Seal of the Lords Commis-
sioners for Trade and Plantations.
That Report the Commissioners received and read, and it is men-
tioned in their Minutes that it had been entered a/so, but, (two Days
afterwards) the Commissioners put the Question, whether that Re-
port should be made part of tJie Record? and were equally divided
thereon.
The New Hampshire Committee also produced a Proceeding in
Ejectment, between Carlton and Adams, in the Courts in the Massa-
cJinsets Bay, from June 1733 to May 1734, (during the Time the
Petition for the present Commission depended before his Majesty in
Council) whereby the Massaclmsets had, even then, taken upon
them to exercise Jurisdiction, not 3 Miles only, but, as the New
Hampshire Committee insisted, 7 or 10 Miles beyond Merimack
River ; and also produced an Order of the Governour and Council of
Nezu Hampshire of 10th of April 1726, which had prohibited Persons
from settling Lands at a Place called Pennicook.
n JL D ,. . And, after the respective Committees had declared
Both Parties de- ' f #
dar'd they had they had no further Evidence to offer, the Commissioners
*deice! * "*" adjourned from the 30th to the 31st of August.
The New Hampshire Committee presented to the
Hampshire Re- Commissioners their Reply, containing many Observations
ply' and Arguments on the several Matters that had been
offered.
Massachusets ^ND tne Massaclmsets Committee presented to the
Reply. Commissioners their Reply also, wherein, amongst other
Matters, they allow and confess, that the lower part of
Merimack River is the principal part of it.
September 2. The Commissioners met and pronounced their Judg-
ment (which was afterwards drawn up in these Words) :
commissioners " Province of New-Hampshire ', Hampton Sept. 2. 1737.
Determination. "At a Court of Commissioners, appointed by his Ma-
jesty's Commission under the Great Seal of Great Brit-
" ain, to settle, adjust and determine the respective Boundaries of the
" Provinces of the Massaclmsets Bay and Nezv '-Hampshire in New
" England, then and there held.
" In Pursuance of His Majesty's aforesaid Commission, the Court
" took under Consideration the Evidences, Pleas and Allegations,
" offered and made by each Party, referring to the Controversy de-
" pending between them ; and upon mature Advisement on the whole,
" a Doubt arose in Point of Lazu, and the Court thereupon came to
"the following Resolution, viz
BOUNDARY LINE PAPERS. 583
" I. That if the Charter of King William and A . .. c rf
& As to the South-
" Queen Mary, dated October the 7th, in the third Year em Boundary of
" of their Reign, grants to the Province of the MassacJm- j^«a/.amps lre
^ sets Bay, All the Lands which were granted by the
" Charter of King Charles the 1st, dated March 4, in the fourth Year
" of his Reign, to the late Colony of the Massachusets Bay, lying to
" the Northward of Merimack River: — Then — the Court adjudge
"and 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, and from thence to run to the Crotch or
" Parting of the said River, where the Rivers of Pemigeivasset and
" Winnepiesekoe meet : and from thence, due North, three English
" Miles ; and from thence, due West, towards the South Sea, until it
" meets with His Majesty's other Governments, which shall be the
" Boundary or dividing Line between the said Provinces of Massa-
" chusets Bay and New Hampshire on that Side.
"But if otherwise , then the Court adjudge and deter-
" mine, that a Line on the Southerly-side of New Hampshire, begin-
ning at the Distance of three English Miles North from the
" Southerly Side of the Black Rocks aforesaid, at Low-water-mark,
"and from thence running due West, up into the Main Land, towards
"the South Sea, until it meets with his Majesty's other Govern-
" ments, shall be the Boundary Line between the said Provinces, on
the Side aforesaid.
" Which Point, in Doubt, with the Court as aforesaid, they hum-
" bly submit to the wise Consideration of His most sacred Majesty
" in his Privy Council, to be determined according to His Royal Will
" and Pleasure.
"2. And as to the Northern Boundary between the Astoike North.
"said Provinces, the Court resolve and determine, That em Boundary.
" the dividing Line shall pass up through the Mouth of Piscataqua
" Harbour, and up the Middle of the River into the River of Neivich-
u wannock, (part of which is now called Salmon Falls) and through
" the Middle of the same to the furthest Head thereof ; and from
" thence North two Degrees Westerly, until 120 Miles be finished,
" from the Mouth of Piscataqua Harbour aforesaid ; Or, until it
"meets with His Majesty's other Governments.
" 3. And that the dividing Line shall part the Isles of As to the Idgs
" Shoals, and run through the Middle of the Harbour, be- ofshoah.
" tween the Islands to the Sea, on the Southerly Side ; and that the
" South-westerly Part of the said Islands shall lie in, and be account-
" ed Part of the Province of New Hampshire ; and that the North-
584 PROVINCE OF NEW HAMPSHIRE.
" Easterly Part thereof shall lie in, and be accounted Part of the
" Province of the Massachnsets Bay ; and be held and enjoyed by the
"said Provinces respectively, in the same manner as they now do,
" and have heretofore held and enjoyed the same.
As to the char. '' 4- And tne Court do farther adjudge, That the Cost
ges. <; and Charge, arising by taking out the Commission, as
" also of the Commissioners and their Officers, viz. the two Clerks,
u Surveyor and Waiter, for their travelling Expences and Attendance
"in the Execution of the same, be equally borne by the said Prov-
" inces.
After pronouncing which Judgment the Commissioners inform'd
the Committees, that they should adjourn to Friday the 14th of Octo-
ber, at ten in the Morning, (being six Weeks) and order'd that Copies
of the Judgment should be sent to the respective publick Officers
in the said Provinces, and also Notice of the Court's said Adjourn-
ment, in order to receive any Exception or Appeal, which either or
both Parties might have to the said Judgment.
As to the New Hampshire Assembly, the Governour over both
Provinces prorogued them (only) that very Morning of the 2d of Sep-
tember on which the Commissioners were to pronounce, and did pro-
nounce, their Judgment, before ever the New Hampshire Assembly
could possibly hear what the Judgment was, much less see a Copy
of it, or consider it, to the 13th of October then next, the Day im-
mediately preceding that, on the Morning whereof, or never, their
Appeal was to be presented to the Commissioners.
When the 13th of October came, the New Hampshire Assembly
met, and endeavoured to consider some few of the Papers.
On the 14th of October the New Hampshire Representatives met
at eight in the Morning, and in the best manner they could, under
their Situation, prepared and past their Vote of Exceptions to the
Commissioners Judgment.
They sent up several times that Day to the Council (the other
House of Legislature in New Hampshire) after the time the Council
had been adjourned to, to know if the Council was sitting ?
And again, it drawing near Sun-setting, another Message was sent,
to know if there was yet a Council, but the Secretary sent for An-
swer that there was no Council that he knew of, and that the Gover-
nour was not known to be in the Province ;
Whereupon the House of Representatives of Nezv Hampshire
hastened away the Committee, with the Vote of Exceptions of the
Representatives only, to be delivered to the Commissioners.
n , , Six of the Commissioners met,
October 14. ' .
And the MassacJiuscts Committee presented their Ap-
A*pai enter** peal, consented to and concurred by their whole General
m£siJ%Z£om~ Court, Governour, Council and Assembly, and conceived
in the Form of a Petition to his Majesty in Council.
BOUNDARY LINE PAPERS. 585
By which they declared, that they appealed from the The same as that
first special Clause of the Commissioners Judgment, which Z*rdsZVe?{nZd
related to the southern Boundary. to His Majesty.
1. Because their present Charter says, that the Colony of the Mas-
sachusets Bay is incorporated with New Plymouth, &c. into one Prov-
ince, by the Name of the Province of the Massachusets Bay, " not ex-
cepting the least part of it."
2. Because the present Charter impowers the Governour and Gen-
eral Assembly to grant all Lands in the late Colony of the Massachu-
sets Bay ; and declares, that such Grants shall be valid, and therefore
grants to the Massachusets, all the Land to the northward of Meri-
mack River, as well as elsewhere, that was in the late Colony of the
Massachusets.
3. Because the New Hampshire Agents, in the State of their De-
mand had acknowledged, (as the Massachusets said) that New Hamp-
shirelies without the late Colony of the Massachusets, and that the
late Colony of the Massachusets is incorporated 'into the present Prov-
ince of the Massachusets ; and thetefore, no doubt can be made,
whether the Line of New Hampshire should include any part of the
said late Colony, on Supposition that any part of it were not granted
by the present Charter.
4. That the said Line ought not to run West into the Main Land,
because a West Line crosses Merimack River about 30 Miles from the
Mouth, and excludes the said River (where it is determined to be
Merimack by the Judgment of the Commissioners) for about 40 Miles,
out of the Massachusets, whereas Merimack River, and 3 Miles north-
ward (they said) was in the Massachusets, by express Words, in both
the old and new Charter, " not excepting or excluding any part of it.
5. They objected to the Commissioners Determination, as it di-
rected a Line to be run due West, from 3 Miles North of the Crotch
till it meets with his Majesty ' s other Governments ; whereas (they
said) that dividing Line could proceed no further than 60 Miles ; for
that the Province of New Hampshire never went further, neither by
the Council of Plymouth's Grant to Mason, nor by his Majesty's Com-
missions to his several Govern ours of New Hampshire ; which Com-
missions bounded that Province (as they said) only, from 3 Miles
northward of Merimack to the Province of Maine. — So that the pro-
tracting that West Line, " seeni'd to be to prevent the Massachusets
extending towards the South Sea, or westward as far as Connecticut."
6. They also objected to the northern Boundary being directed to
run North two Degrees westerly; and insisted that it should have been
North-westward, which (they said) was a well known and certain
Course, the same as towards the North-west.
38
586 PROVINCE OF NEW HAMPSHIRE.
7. They also objected to that Line's being directed to proceed till
120 Miles from the Mouth of Piscataqua Harbour be finished, or, till
it meet with his Majesty's other Governments ; whereas they said it
should have been only until the 120 Miles be finish'd, witlwut men-
tioning his Majesty' *s other Governments, because the Province of
Maine extended no further than 120 Miles, and New Hampshire, on
that Side, was bounded by the Province of Maine, in all the Commis-
sions to the several Governours of that Province wherein any Bounds
were mentioned.
Therefore, by their said Appeal they prayed, that such parts of
the said Commissioners Determination be disallowed.
7-ArNewHamp- ^T ^LC same ^mc the New Hampshire Committee
shire Affieaiten* produced to the Commissioners the Vote of their House
of Representatives, containing their Exceptions to, and
Appeal from the Commissioners Judgment, which Appeal was then
entered.
The Massachu- But ^ie Massachusets Agents objected, that it was only
sets objected that a Vote of one Part ol the Legislature, which did not rep-
shire ^wj/rfS resent the whole Province, whereas, by His Majesty's
iwhofeP^ov- Commission the Appeal ought to come from the whole
ince- Legislature, which was the Province.
Whereupon the Commissioners continued the Matter for Consid-
eration till their next Adjournment, and adjourn'd to the 17th.
October 1- ^HE Commissioners met again, and the Nezv Hamp-
shire Committee being at their General Court, the Com-
missioners adjourn'd till next Day.
r The Commissioners met again, and having duly con-
sidered the Vote of Exceptions, made by the New Hamp-
shire Assembly, agreed and determined that the same should be re-
ceived and made Part of their Records.
„. B . t , By the said Vote of Exceptions, that House of Repre-
Fhe Purport of . f ' . L
the New Hamp- sentatives of New Hampshire took notice of the Gover-
Appea . nour's proroguing their General Court as before-mentioned,
whereby that Province had been stript of the Benefit of appealing
from such Part of the Judgment, as they might think unreasonable
and prejudicial ; but, that His Majesty might not think that House
satisfied with all Parts of that Judgment, they voted, That His Ma-
jesty's Province of New Hampshire thought themselves aggrieved
thereby, in the following Particulars.
With Regard to the Southerly Boundary.
1. For that the Judgment said, beginning at the Southerly Side of
the Black Rocks, at Low-water-mark ', when those Rocks were about
a Mile from the Mouth of the River Merimack, and near three Quar-
BOUNDARY LINE PAPERS. 587
ters of a Mile North from where it empties itself into the Atlantick
Sea or Ocean.
2. 3. They objected to a parallel Line with the River, even in case
a crooked Line should be run, which they were humbly of opinion by
no means ought to be admitted.
And said, that they objected against the running a crooked Line
parallel to the River, it being founded on the Old Charter which had
been long since vacated.
Yet, in such case, it ought to begin three Miles to the North of
the Month of the River Merimack, at Low-water-mark, where it emp-
ties itself into the Atlantick Sea, or Ocean.
And, in that manner, to run no further than the River hath a
Western Course.
And, not to run parallel to the River, zvhere it runs North and
South, at three Miles Distance from the River, and far beyond, where
they apprehended it was formerly called Merimack, and more partic-
ularly, because the Massachusets Bay now hold under the Charter of
William and Mary, which never intended a crooked Line.
And as to the Northern Boundary :
4. They objected to that Part of the Judgment which directed the
Line to run through the Mouth of Piscataqua Harbour, and up the
Middle of the River ; because Mr. Gorges 's Patent, under the Massa-
chusets Claim, does not convey any Right to the River, and the Ju-
risdiction thereof had always been in the Possession of Nezv Hamp-
shire, and never claimed by the Massachusets ; and New Hampshire,
in order to preserve and safeguard the same, had always had a Castle
and maintained a Garrison there.
The Massachusets Committee filed a Protest before the ~ . ,
.. . .. .October 18.
Commissioners against receiving the New Hampshire Massachusets
Appeal, from the Assembly only; and said, that the Protest. wn
whole General Court had then been several Days sitting,
which was literally true ; but that was after the time appointed for re-
ceiving the Appeal was over, (not before).
Then the Commissioners having directed Mr. George Mitchel, their
Surveyor, to prepare a Plan or Draught of the Rivers and Boundary-
Lines referred to, and mentioned in their Judgment ; he performed
the same, and the Black Part of the Plan of those Rivers is a true
Copy of the same, only in a smaller Scale.
In which Plan (now that it is finish'd) there appears to be a pal-
pable Mistake, to the Prejudice of New Hampshire, for the Com-
missioners had directed a Line to be run (if the Determination of
their Doubt went in one manner) due West ; whereas the prickt Line
marked upon the Plan for due West, really is West and by North,
588 province of new Hampshire.
being a full Point of the Compass to the Northward of the West, as
appears plainly on the Face of the Plan, when neither of the Parties
had demanded, nor had the Commissioners directed any such Line as
that ; but that is a mere Mistake in the Officer, and no Error in the
Commissioners Judgment, which has expressly directed that Line to
be due West.
And then the Commississioners adjourn'd to the 1st of August,
1738, in order to receive His Majesty's Royal Pleasure.
Februa The House of Representatives of New Hampshire, by
zWxew Hamp- the said Mr. Thomlinson as their Agent, presented their
Appeal present Petition of Appeal to His Majesty in Council, for and on
Behalf of His Majesty and the said Province, humbly
complaining, as well of the said Judgment, as of the Behaviour of the
Common Governour over both Provinces towards New Hampshire,
and praying Relief in the same.
And referred His Majesty was pleased to refer the same to the Com-
Feb. 6. mittee of his Privy Council for Plantation Affairs.
1738, July 18. The MassacJiuscts Appeal was lodged in the Council-
Office, and not before, and upon.
Referred. July His Majesty referred that Appeal also, to the said
2°- Committee.
juiy 26. New And, immediately the House of New Hampshire en-
"tStnenterned ter'd their Appearance thereto in the Council-Office.
their Appear. Though the Massachusets Appeal deliver'd in to the
ance to that Ap- . . ■ rr
peai. Commissioners, was signed by the Governour nimseli by
the Secretary by Order of the Council, and by the Speaker, in the
Name of the Assembly ; yet the present Petition, which is presented
to His Majesty, (and is the whole on the MassacJiusets Part that is
referred to their Lordships) is signed by the Governour only.
So that the Council and Assembly of the MassacJiuscts Bay have
either dropt and deserted the Appeal, which they once intended to
make to His Majesty,
Or otherwise, have some Intention, by means of this wilfull Omis-
sion, to avail themselves by a further Delay, in bringing in another
Petition of Appeal.
8 October c A Further Petition to his Majesty was lodged in the
.2'. 'Another Council Office, and on the 12th of the same October 1738
to°n deiayCe anl was referred to the Lords, being a Petition from the
preav'cn°i °New Massctchuscts Agents of a most extraordinary Nature,
Hampshire being one part thereof containing an Objection to the Re°:u-
heard at all, hi/ a . 1 » J . »
special Petition larity of the New Hampshire Appeal, as it came only
chu'sets%o *ffi from the House of Representatives. And the other
Majesty. parts thereof being an additional and supplemental Ap-
BOUNDARY LINE PAPERS. 589
peal, (three Months after their own former Appeal presented to his
Majesty and referred) from several other interlocutory parts of the
Commissioners Proceedings, complaining that the Commissioners,
during the Course of their Proceeding, had refused some Plan which
the Massachusets said they had offered to them ; alledging also, that
the Province of New HampsJiire had delivered no Appeal or Excep-
tion to the Commissioners, nor had authorised any Persons to attend
the Commissioners ; suggesting, that therefore the Commissioners
should not have received any Appeal from the New Hampshire House
of Representatives ; and that the Massachusets had protested against
the Commissioners receiving such an Appeal ; and praying to have
the Benefit of that and all their other Protests below ; the Massachu-
sets Agents also complained, that the New Hampshire Petition of
Appeal contained several Matters of personal Complaint against the
Governour for his Behaviour, which were no part of the Record of
the Commissioners. [And which had been inserted in the New
Hampshire Petition of Appeal, purely to show by what means it be-
came impossible for any other part of the Legislature of New Hamp-
shire to appeal, save the House of Representatives only.~\ And the
said Massachusets Petition prayed his Majesty, " That the Petition of
Appeal from New Hampshire might be rejected and dismissed."
New Hampshire finding this new Petition flung in n ... , v
o t> October, 26. New
their Way, (instead of an Appearance being entered to Hampshire ap-
their Appeal) did, (at the very first Committee afterwards) Pet. brought on.
humbly move the Lords, that such Petition might be
immediately heard, and accordingly it was ordered.
That Petition was heard by Council, and the Lords It was so No_
made a Report thereon to his Majesty. vemb. 2.
By his Majesty's Order in Council their Lordships said 30.
Report was confirmed, and that Petition from the Massa- AndJ>y Order
7 a 7 • • • 7 7 • n -7 in Council I t
cliusets Agents was dismiss d tins Board, but without was dismiss' d.
Prejudice to their being permitted to make their Objection
against the Regularity of the New Hampshire Appeal, when the same
should come on to be heard before the Committee.
There having been presented to his Majesty in Coun- Another steP
cil (at the same time and along with the New HampsJiire was necessarily
original Appeal) a separate Petition of Complaint from Hampshire, To
the House of Representatives of New Hampshire, against %$J?cf£?.
the common Governour over both Provinces, for his Be- jtaint against
the Lrovernour
haviour towards New Hampshire in the Affair of the said before the a ppe.
Commission, the said House of Representatives were ChVard.°n
obliged to prosecute their said Complaint, in order to get
it heard before the Appeal came on ; and after waiting above nine
590 PROVINCE OF NEW HAMPSHIRE.
Months for the Governour's Answer thereto, and sending three sev-
eral times successively to America, before the Governour would
authenticate their Papers which were necessary to support that Com-
plaint, they applied for a Day for bearing that Complaint.
„M _ . That Complaint came on to be heard before their
1739, November r !•■»*■• i
21. The Report Lordships, who made a Report to his Majesty thereon,
'plaint. °m~ that the said Governour had acted with great partiality,
by proroguing the Assembly of New Hampshire from the
6th of July 1737 to the 4th of August following {being three Days
beyond the Time appointed for opening the Commission) in Disobedi-
ence to his Majesty s Order in Council, which had been transmitted
to him by the Lords of Trade, and which was proved to have been
delivered to him in due time ; and also, by further proroguing the
said Assembly from the 2d of September 1737 to the 13th of October,
whereby the Province of New Hampshire were deprived of the Time
intended by his Majesty's said Order in Council, to be allowed them
to consider of the Commissioners Determination and (if they found
themselves aggrieved thereby) to prepare a proper and regular Ap-
peal therefrom to his Majesty in Council, in order to a final Determi-
nation of the Matters in dispute between the said Province and that
of the Massacliusets Bay, and thereby to frustrate the Intention of
his Majesty's Commission.
December 27. His Majesty by Order in Council was graciously
toder'in'coun- pleased to approve of the last mentioned Report.
ai- And now, that the Judgment of the Commissioners,
and all the Evidence, as well as Proceedings before them, are com-
pleatly before his Majestv in Judgment, on Appeals from both Par-
ties, the House of Representatives of New Hampshire humbly hope,
that the Merits of this long depending Controversy will receive a
compleat and final Determination here, such as the Commissioners
below ought to have given, and that the several parts of the Commis-
sioners Judgment shall be varied, as hereafter mentioned ; for the fol-
lowing and many other Reasons that may be assigned.
As to the Matter stated specially by the Commission-
riJiru&vpSSL ers, as their Doubt in Point of Law, whether the new
XmisL<nhersCom' Charter granted to the Massacliusets all the Lands which
were granted by the old Charter, lying to the northward
of Merimack River ?
i. The old Charter granted the Lands from 3 Miles North of
Merimack River, and also, from 3 Miles North of any and every
part thereof.
Some Parts of that River, (as it is not only admitted but insisted
on by the Massacliusets) extend above 55 Miles more Northwards
than the other main parts of that great River do.
BOUNDARY LINE PAPERS. 59 1
But the new Charter grants only three Miles North of the great
River, leaving out the Words any and every part thereof, and dis-
tinguishing from what part of the River the three Miles were to be
measured.
2. Admitting it were possible that three Miles from the great
River, or from the great part of the River, should mean the same
thing, exactly, as three Miles from any and every part of the River,
Yet, it is confest, and proved by the MassacJiusets themselves,
that the Grant of New Hampshire to Capt. Mason was a Tract be-
ginning in the middle of Merimack River, and extending thence
northwards, and that Grant of New Hampshire was subsequent to
the old Charter, while that old Charter was in force.
But in the new Charter there is an express saving out of the
Grant, of Allen s Right as claiming under Mason.
Besides there is a general Saving or Exception out of the nezv
Charter of the Right of all Persons within the Botmds aforesaid.
And, without this Exception or Proviso, to restrain what was in
general granted by the new Charter to the Province of the Massa-
chusets, the MassacJiusets would have had all Rhode Island, Conecti-
cut, New York and New Jersey ; (all of which Colonies lay between
Merimack, on the North part, and the Atlantick Ocean, on the
South part, and all which Colonies had been granted away by the
Crown in 1662, 1663 and 1664, long after the MassacJiusets first
Forfeiture of their Liberties and Franchises ; ) but, under this general
Proviso, Rhode Island, Conecticut, New York and New Jersey are
effectually excepted, and indeed so is New Hampshire also, in the
general Words ; though Nezv Hampshire does not stand in need of
that general Exception, because there is a particular and express Ex-
ception relating to New HampsJiire.
As to tJie southern Boundary of New HampsJiire, the AstotheBound
first Question in the natural Order is, where that bound- aryonthe South
ary Line shall begin ? New HampsJiire insisted that 5am."i. wlTre
three Miles should be taken North from the middle of t£inLiwh%halelr
the Channel of tJie River, where it runs into the At Ian- \MilfT5 °J t-
ii 71^-7 I'-r-x Miles Nortk of
tick Ocean ; and the MassacJiusets, by their Demand be- the River Men
fore the Commissioners, insisted it should begin, at tJie
Sea, but three Miles North from the Black Rocks, where (as they
groundlessly pretended, but never proved) the River had emptied it-
self 60 Years ago. — The late Attorney and Sollicitor General, after,
considering the MassacJiusets new Charter, and being attended by
Counsel on both sides seven or eight several times, had reported that,
according to the Intention of that new charter (which recited their
old Charter also) the Line ought to begin three Miles North of the
592 PROVINCE OF NEW HAMPSHIRE.
Month of the River, where it empties itself into the Sea ; but the
Commissioners have directed it to begin three Miles North from
the Mouth of the River, beginning at the sourtherly Side of the Black
Roclcs, at Low-Water Mark, which is indeed four Miles North of
every part whatsoever of the Mouth of the River, as appears by In-
spection of the Commissioners Plan ; for the Black Rocks lay deep
in a Bay, considerably within the River's Mouth, and a Mile or more,
North of every part whatsoever of the Month of the River, where-
fore, considering this single Point either under the MassacJinsets old
Charter, or under their new one, under neither of their Charters
were they to go more than three Miles to the northward of that
River, whereas measuring three Miles from the Black Rocks, in the
Elbow or Bay, up within the side of the River, it really gives to the
MassacJinsets four Miles North of the Month of the River ; and
what puts this Point, as New Hampshire humbly conceives, out of
all question is, the plain Expressions in the MassacJinsets new Char-
ter ; the very first Boundary wherein directs, that the northern Lim-
its of the Province of the MassacJinsets shall extend, from the great
River Merimack, on the North part, (and from three Miles northward
of the said River) towards the Atlantick Sea or Ocean, on the South
part. And the subsequent Descriptions in their new Charter grant
them all the Lands, extending tJirougJiout the main Lands there, from
tJie Atlantick or western Sea and Ocean, on the East part, towards
the South Sea, or zvestivard, as far as the Colonies of Rhode Island,
Connecticut and the Narraganset Country.
2. How and in The next Matter in Order is, Jww and in wJiat manner,
what manner, that Line shall run, when the Place of Beginning isfix'd?
begun, shaurwn, New HampsJiire all along insisted that it should run, on
fled? bwhrtte~r a strait Line, West, up into the main Land, towards the
one strait con. South Sea, until it meets with his Majesty's other Gov-
Unued West Line, ' J J
or, a Line run- ernments. I he Massacluisets thus tar agreed thereto that
nof9dfffreTcnt they demanded that, by far the greatest part of, that Line
courses? should run dne West to the South Sea; but then, before
snch time as they begin that dne West Course, they insist to follow
the River, (not only in its western Course, but also in its north-
ern Course) with a parallel Line ; which must of Consequence be in
some parts three Miles NortJi, in other parts three Miles Bast,
and even in many places three Miles SontJi-East of the River ;
then to run three Miles further, North of the north End of the
River ; and then, to begin their said due western Course^ to run
on, afterwards, towards the South Sea. — It might suffice, pos-
sibly, to have recourse only to the first Words of their new
Charter, and to view the Commissioners Plan for the several
BOUNDARY LINE PAPERS. 593
Courses of the River, to confute this very strange Demand of
the Massachusets ; for the Continent is esteemed to be at least 3000
Miles over (in that part) from the Atlantick Ocean, on the East part,
to the South Sea, on the West part ; and the Descriptions in their
new Charter just mentioned direct their northern Bound to extend
(from three Miles North of Merimack) from the Atlantick Ocean
towards the South Sea. And as no particular Line or Course is de-
scribed, it must of necessity be a strait Line, otherwise, if the Gran-
tees, in such a Grant, were at liberty to take any Line whatsoever
that they could invent, through such a vast depth of Continent and
main Land, they might take a slanting Line, or a curved Line of any
sort, expand and diverge their Boundaries, and include just as much
Land as ever they thought proper, which cannot surely be contended
for.
A Line to run in the manner which the Massachusets contend, first
near 30 Miles West up from the Sea-Coast into the Country, then 55
Miles North, within the Heart of the Country, and then again West
to the South Sea, would take in for the whole Depth of the Continent
in America, and for 55 Miles in Breadth, what had never been
granted to them, and would require some one Expression or other in
the Charter, (but which there is not) to ground such an extraordinary
Demand upon.
This Line would not only cut off near two Thirds of Mr. Mason s
Grant for New Hampshire, whereby his Tract was to extend 60
Miles deep into the Country (which Grant the Massachusets them-
selves gave in Evidence) and which Tract they would cut off at 26
Miles deep, (instead of 60) and leave to him but about one Third, and
that of the narrowest Part of his Province also ; (although Mr. Ma-
sons Grant is expressly excepted and saved, in the Massachusets new
Charter) but, besides the Injury thereby to be done to Mr. Masons
Grant, His Majesty would suffer infinite Prejudice thereby ; for the
Lands on the Back of Mr. Mason s Grant (which goes but 60 Miles
deep) and also all those on the Back of the Province of Maine (which
goes 120 Miles only deep into the Country) whether they are, or are
not, properly a Part of His Majesty's Province of New Hampshire,
or called by the Name of New Hampshire, or not, (which is a very
immaterial Question) are most undoubtedly the Property and Inher-
itance of His Majesty, and have never been granted out by the Crown
to any person whatsoever since the Great Council of Plymouth sur-
renclred back their Charter to King Charles the 1st.
For, just as far as the Massachusets can break into New Hamp-
shire, just so far they encroach upon the Crown Lands, the whole
Depth of Country backward behind Mr. Mason s Grant, through all
the vast Continent of main Land.
39
594 PROVINCE OF NEW HAMPSHIRE.
r- . .. , . In case their Lordships shall be of Opinion, that a
If a strait Line •» r 5
vfefc r***&s .tfraz/ Z?;^ is to run in that part, the Dispute (on that
dT*y is de™- southern Boundary) will be thereby determined, and New
Torrect tlfsur- Hampshire will only have then to pray, That the Survey-
vey or' s Mistake. or's Mistake, in laying down a West and by North Line
(which no body ever insisted on, nor did the Commissioners direct it)
instead of a West Line (which both Parties insisted on, and which
the Commissioners had, in case the Construction went one Way,
directed) may be set right by their Lordships Report and by his Ma-
jesty's Judgment.
Oo'ection That the South Boundary of New Hampshire should
be a crooked Line, drawn parallel with the River.
A It is unconceivable that the MassacJinsets new Terri-
■ri 71S1VCT '•
tory should have two distinct and different Degrees of
Width, as for Instance, the first Degree of Width for near 30 Miles
deep into the Country, to be of any particular Width whatever and
then afterwards, behind that narrower Tract the Residue of their
Tract to be 55 Miles wider. Yet this, as absurd as it appears, is
absolutely contended for, by claiming a crooked Line to run parallel
to the River, and by calling the whole River by the name of Meri-
mack.
Again, throughout the whole new Charter it is impossible to find
out any eastern Boundary for any part of the Massachusets new Prov-
ince, but the Atlantick Ocean singly and solely ; but, if the Massa-
cJinsets Pretensions had any Colour in them, there must have been
two very different eastern Boundaries for that Province ; for one part
of the MassacJinsets must have been described to be bounded, (as it
is) to the Atlantick Ocean on the East ; and then, the upper part of
that Province (where they would have it. grow so much wider) must
have been bounded to the East with the Land in the heart and mid-
dle of the Province of New HampsJiire ! But nothing like that is to
be found in the Charter.
Nor is this all : The new Charter {subject to the Exceptions therein
afterwards contained) does most undoubtedly grant to the MassacJin-
sets 3 Miles Advantage beyond the great River Merimack : But how ?
It is 3 Miles North of that great River. But, in order to give the
MassacJinsets what they contend for, and to allow them a crooked
Line, parallel with what they call the River Merimack, there are
these Difficulties to be encountred. 1. The River, near 200 Miles
from its Mouth, must still be called the great River, 2. When that's
got over, then the MassacJinsets must not only have 3 Miles North
of it (which is all that the Charter mentions) but they must also have
3 Miles North-cast of the River, 3 Miles East of the River, nay 3
BOUNDARY LINE PAPERS. 595
Miles South-east of the River, in many Places ; and if the Word
North be not expounded so as to mean all those different, nay con-
tradictory and opposite Points, the Massachusets cannot have that
crooked Line parallel with the River, which they contend for.
Besides all which, New Hampshire insisted below before the Com-
missioners, and the Fact was so notorious upon the Spot, that the
Massachusets never contradicted it, that it is absolutely impossible
that a Line can be run 3 Miles North of the River, and parallel with
it, (even in the most favourable parts of the River in general, where
it runs in a general western Course : ) And that Fact appears plain
to Demonstration upon the Plan of the River as returned, but much
more so upon the Spot, the Plan being in a very small Scale ; for the
River, (even in those parts) has many narrow Meanders and Bends
or Bites, which shoot out into irregular Angles, so that New Hamp-
shire most humbly relies on it, it is utterly and absolutely impossible
in Art and Nature both, to run a Line in all Places parallel to the
River, to be in every part 3 Miles distant from the River, and to be
in no part more than 3 Miles distant from the River (without any
Regard at all to its being North, or not North of the River, only with
regard to its being a parallel and equidistant Line) even up by that
part of the River, where generally it bears a western Course. And
it is submitted, that the Crown has not exprest, nor could intend in
its Charter, such a Line for the Boundary of a Province, as could
not possibly be drawn, but on the contrary, a plain strait Line ; which
is practicable and natural, and must always be intended, unless some
other or different Line is clearly exprest.
But the last Objection, strong as it is, is the least of the Objec-
tions to a crooked parallel Line, to be run in such manner as the
Massachusets contend for it ; that last Objection being confin'd only
to the great and first part of the River, from the Sea up about 30
Miles, while the River generally runs a western Course ; but, after
that, when what is pretended to be called Merimack turns off, and
does it self run a general northern Course, then, in those parts (be-
sides all other Objections thereto, herein before mentioned) it seems
quite incomprehensible how the Massachusets can form a Notion, of
a North Boundary, by a parallel Line, to run all along parallel with
the River, and at 3 Miles distant from the River, and to be North of
that River, when the River itself is a Line that runs there generally
North !
The Massacluisets, to solve that Difficulty, would then have it be
3 Miles North-east, or East, or South East, from time to time, as
occasion requires, in all that Length : But besides, that there are no
such Words in the Charter, nor any thing like it, but quite otherwise,
$g6 PROVINCE OF NEW HAMPSHIRE.
such a parallel Line there, would cut off Mr. Mason s Grant (which
was given in Evidence by the MassacJmsets themselves, and which
was to extend 60 Miles deep into the Country, and which Grant was
particularly excepted out of the new Charter to the MassacJmsets,
even if it had been within their Bounds) a great way below the mid-
dle of it, and leave him only about one-third in deptJi of his Tract,
and that in the narrowest part also of his Tract, nearest to the Sea;
for then, at the Depth of 26 Miles only in the Country, the Massa-
cJmsets would break in upon his Tract, and take away not only the
back part, and greatly above half of what was granted to him, but
also, which is of far more Consequence, all that vast Tract and Terri-
tory of his Majesty's Lands which lies behind Mr. Masoii s Grant.
How far this ^he onty tnmg that remains (with regard to the sontJi-
Lim shaii ex- cm Boundary of New HampsJiire) is the MassacJmsets
^engt . ^ppeaj from that part of the Commissioners Judgment,
where they directed the southern Boundary Line, (however it should
run) to extend West toward the SontJi Sea, till it meets witJi his Ma-
jesty's other Governments. — Whereas the MassacJmsets now insist it
should run no further than 60 Miles, which they say is the Extent of
New HampsJiire.
In their own Demands filed before the Commissioners on the 8th
of Angnst 1737, they themselves expressly demanded that that Line
should run quite to the SontJi Sea ; In their Answer filed before the
Commissioners on the nth of Angnst they limited nothing of 60
Miles, but Speak of that Line as to run West towards the SontJi Sea.
The New HampsJiire Demands filed before the Commissioners the
1st day of the same August, insisted that it should run westward to
tJie SontJi Sea, or, until it meet with his Majesty's other Govern-
ments, agreeable to the Words of the MassacJmsets Charter ; and his
Majesty's Commission directed the Commissioners to determine the
respective Bounds of botJi Provinces ; and although the MassacJmsets
pretend to make a very immaterial Question, whether New Hamp-
sJiire extends so far, yet they will readily admit, and it is most cer-
tainly true, that the MassacJmsets does extend (taken within its
proper and due Limits) westward, until it meets with his Majesty's
other Governments. — So that it's humbly hoped the Commissioners
Determination (as to the Extent of the southern boundary Line) was
very right.
._,,..,.,. As to the northern Boundary, the Commissioners Tud£-
A s to the North- . . J ' . < J &
em Boundary of ment directs the dividing Line to pass up tJie middle of
Piscataqua River and through the middle of Newichwan-
nock River ; but it's hoped that that is wrong: For, if recourse be
had to the Grant from the Crown of the Province of Maine, made to
BOUNDARY LINE PAPERS. 597
Sir Ferdinando Gorges, it will appear that no part of the r> which gives
Rivers were granted to him, but only Main Land, be- half the Rivers
tween the Rivers of Piscataqua and SagadaJwcke ; con- Newiffannock
sequently if he did make any Conveyance to the Massa- %£* Massachu"
chusets, (which has been pretended, though not proved)
he could not convey to the old Colony of the MassacJinsets any part
of either of those Rivers which he himself had no Title to. —And,
upon looking into the new Charter to the Province of the MassacJin-
sets, where the Lands which made the Province of Maine are granted
to them, it will appear that the same Land is again granted, in the
same Terms, as a Portion of main Land between the said Rivers. —
The Massachusets never possess'd, or claimed, the River itself, or any
part of it, neither under their old or new Charter ; nor, in their De-
mand filed before the Commissioners, did they demand half or any
part of the Rivers : So that it's humbly hoped this part of the Com-
missioners Judgment, which in consequence adjudges half of the Riv-
ers to the MassacJinsets without any Demand by, or any Title in, the
MassacJinsets will be revers'd.
The next Matter in Order, is the MassacJinsets Appeal A , . .
' , rir 2. As to t he
from that part of the Commissioners Judgment which course which
directs what Course the Line, for the northern Boundary runth?re,Zhen
shall run, from the furthest Head of NewicJiwannock, x?™h7™™k.
after that River is at an end? — As to which, the origi- mine?-
nal Grant of the Province of Maine, to Sir Ferdinando
Gorges in 1639, directs that Line to run northwestward. — The new
Charter in 1691, directs the self-same Course, in the very same
Words — New HampsJiire, by their Demand before the Commission-
ers, therefore insisted that that Line should run northwestward (as
all Persons understand that Term) that is to say, North, less than a
quarter of a Point westward. — But the MassacJinsets demanded, by
their Claim, that it should be a Line due Northwest, and insisted be-
fore the Commissioners that that was tJie same as northwestward. —
For which the Commissioners thought there was no colour ; and
therefore have adjudged that that Line should run, North, two De-
grees westerly, which is known and esteem'd to be properly north-
westward. And New HampsJiire submitted thereto, having assigned
a Reason to the Commissioners, (which was not contradicted) and
which fortified that natural Exposition of the Term northwestward,
for that, a Line, due North- West, or South East, from Piscataqua
Harbour's Mouth, would run out so as to include and give New
HampsJiire tJie whole of the Isles of Shoals, whereas that province is
entitled only to the half of those Isles ; and accordingly but half of
those Isles was adjudged to each respective Province ; wherefore it's
59$ PROVINCE OF NEW HAMPSHIRE.
humbly hoped this part of the Commissioners Judgment is right and
shall be confirmed.
3. How far that The last Point appealed from by the Massachusets is,
Line shall ex- for that the Commissioners Judgment directs, that the
last mentioned Line shall run and extend too far, for that
it ought to go only to the End of 120 Miles.
As to which, the original Grant in 1639 °f tne Province of Maine
directs that Boundary to extend until 120 Miles be finish'd from
Piscataqna Harbour. — The new Charter to the Massachusets in
1691, directs the self-same thing, in the same Words. — New Hamp-
sliire, by their Demand before the Commissioners, claimed that that
Line should run as far as the British Dominion extends. — The Mas-
sachusets by their Demand, insisted that the Line should run till 120
Miles were finis 1 1 d. — And the Commissioners have directed that it
shall run 120 Miles, or, until it meets with his Majesty's other Gov-
ernments.— And as it is by no means certain that they can run so
far as 120 Miles, on that particular Course, before they meet with
the French Settlements in that Place, that cautious manner of Ex-
pression used by the Commissioners (and which rather restrains than
enlarges the Distance that the Massachusets themselves demanded)
can, it is hoped, be of no ill Consequence ; nor does not infer that
the Line shall run any more than 120 Miles; and even if it did run
further than 120 Miles, it would be useful to prevent the Massachu-
scts encroaching upon the Crown- Lands tJiere ; there being no Eng-
lish Settlements in those Parts at present, to prevent them.
As to the Division of the Isles of Shoals, and the equal bearing the
Charges of the Commission and Execution thereof, there is no Ap-
peal made by either Party ; wherefore it was the rather hoped that
the Massacliuscts would have paid their Moiety of the Money laid out
for them in Lo?ido?i near three Years ago for suing out the Commis-
sion here, but they still refuse to pay it.
iv hat New And now, upon the whole Merits referr'd to, and in
Hampshire Judgment before, their Lordships, the Province of New
Hampshire most humbly prays,
That their Lordships will be pleased to report,
That all the Lands lying to the nortJiward of Merimack River,
which were granted by the Charter of King Charles I, to the late
Colony of the Massacliuscts Bay, are not granted to the present Prov-
ince of the Massachusets Bay by the Charter of King William and
Queen Alary.
And that for the southern Boundary of Nczu Hampshire, a. dividing-
Line shall begin at 3 English Miles North from Low-water-mark of
the southern Point of the northern Cape or Entrance, at the very
BOUNDARY LINE PAPERS. 599
Mouth of Merimack River, next to the Atlantick Sea or Ocean, and
may run directly up into the Country, upon a Course, not West and
by North, (as the Surveyor by mistake has laid down the same, con-
trary to both Parties Claims, and the Commissioners Determination)
but West, without any Variation ; and that such a Line may run and
exteitd so far, towards the South Sea, until it meets with His Majes-
ty's other Governments, in manner as the red Line for that Purpose
is begun to be drawn on the printed Copy of the Commissioners
Plan, (that Plan not allowing room enough to continue the whole
Length of such Line.)
And that, for the other Boundary of New Hampshire, the dividing
Line shall begin at the Entrance of Piscataqua Harbour, and so to
pass up the same into the River of Newichwannock, and through the
same to the farthest Head thereof, and from thence North two De-
grees zvesterly, until 120 Miles be finish'd, from the Mouth of Piscata-
qua Harbour aforesaid ; or until it meets with his Majesty's other
Governments ; in manner as the other red Line for that Purpose is
begun to be drawn, on the printed Copy of the Commissioners Plan,
(which Plan, as sent over, does not admit of marking out the whole
Length of either of those Lines) but not to grant any part of cither of
those Rivers to the Massachusets.
And that, as to the Isles of Shoals, and the Division thereof, the
Commissioners Judgment may be affijind.
The Province of New Hampshire further most humbly prays, that
several Copies of the Commissioners Plan may be mark'd by proper
Artists, before their Lordships, agreeable to their Lordships Judg-
ment.
And that some such Copies may be preserved in the Council Office,
and in the Plantation Office, and that others of such Copies, to be
attested by the Clerk of the Council, may be delivered out to the
respective Agents.
And that their Lordships will be pleased to put this Matter into
the most safe Method to have the Lines actually run out, and Trees
and other Boundaries mark'd really according to the Determination
to be made, so as to end this very long subsisting Controversy.
With all proper Directions for the impartial and speedy executing
and obeying His Majesty's Orders. And,
With Reservation to either Party, to represent to His Majesty in
Council, (in case the said Bounds should not be mark'd out exactly
agreeable to His Majesty's Royal Determination.)
New Hampshire likewise prays their Lordships, that the Massa-
chusets may not only be condemned to pay their Share of the Costs
of suing out the said Commission (as they were before ordered to do)
600 PROVINCE OF NEW HAMPSHIRE.
but also Costs in some measure adequate to the great Expence and
Trouble which their repeated Oppositions have put the Province of
New H amps J lire to.
Humbly submitting it to their Lordships Wisdom to provide for
the Support of his Majesty's Authority, and for the securing his
Lands from being any further encroached upon by the Province of
the Massachuscts.
D. Ryder.
W. Murray.
[endorsed]
THE CASE
OF HIS MAJESTY'S PROVINCE OF
NEW HAMPSHIRE.
upon two APPEALS
Relating to the Boundaries between that Province and the Prov-
ince of the MassacJiusets Bay.
To be heard before the Right Honourable the Lords of the Commit-
tee of his Majesty's Most Honourable Privy-Council for hearing Ap-
peals from the Plantations, at the Council-Chamber at Whitehall.
Wednesday 5th March 1739. at 6, in the Evening & again on 10th
March —
Ordd and adj udged —
That the Northern Boundarys of the Province of the Massachu-
sets Bay are and be a Similar Curve Line pursuing the Course of
Merrimack River at three Miles Distance on the North side thereof
beginning at the Atlantick Ocean and ending at a Point due North
of a Place in the Plan returned by the Commissrs called Pantucket
Falls and a Strait Line drawn from thence due West cross the said
River till it meets with His Majestys other Governmts And it is fur-
ther Ordered that the rest of the Commissrs Report or Determination
be Affirmed —
[The date of hearing and judgment above given, appear in manu-
script on the original.]
BOUNDARY LINE PAPERS. 601
Massachusets Bay and New Hampshire.
The Case of His Majesty s Province of the Massachusetts Bay,
touching the Dispute betzveen that Province and His Majesty s Prov-
ince of New Hampshire, in relation to their Boundaries on the Settle-
ment thereof made by Commissioners appointed for that Purpose, and
on Cross Appeals therefrom.
King James the First, by his Charter of this Date, „
J 3 .Nov. 18 Jac. i
grants to the Council, established at Plymouth, for the charter to eoun-
Planting, Ruling, Ordering and Governing of New Eng- Cl1 ° plymouth*
land in America, and to their Successors and Assigns,
"All that Part of America lying and being in Breadth, from 40
" Degrees of Northerly Latitude from the Equinoctial Line to the
"48th 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, &c.
The said Council of Plymouth, by Indenture of this
Date, granted to Sir Henry Roswell, and several others AnnoY^. Grant
in T?(*e± from Council of
111 .TCC, Plymouth to Sir
" All that part of New England which lies and ex- Henry Rosweii,
it t-» ■ 1 1 n 1 andotheis.
' tends between a great River there, commonly called
' Monomack, alias Merrimack River, and a certain other River there
' called Charles River, being in the Bottom of a certain Bay there
' commonly called Massachusetts Bay ; and also all and singular those
I 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 Southward of the most
' Southermost Part of the said Bay, called the Massachusetts Bay ;
f and also all those Lands and Hereditaments whatsoever, which
4 lie and be within the Space of three English Miles to the North-
i ward of the said River called Monomack, alias Merrimack River,
' 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
I Longitude of and within all the Breadth aforesaid, throughout the
' main Lands there, from the Atlantick and Western Sea and Ocean
' on the East Part, to the South Sea on the West Part, and all Lands,
• Places, Soils, Woods, Havens, Rivers, &c. lying within the said
' Bounds and Limits, and every Part and Parcel thereof."
King Charles the First, by his Letters Patent of this Mar 4 Car> 1
Date, did grant and confirm unto the said Sir Henry Ros- «6a8. Gran* to
well and others, their Heirs and Assigns, weii, andltinS,
All the said Part of New England lying and extending fromthe Crown-
40
602 PROVINCE OF NEW HAMPSHIRE.
between the Bounds and Limits in the said Indenture expressed, and
which Letters Patent of King diaries the First contain a Grant of
the said Part of New England, by the very same Descriptions and
Boundaries as are expressed in the said recited Indenture.
And for the better Management and Ordering of the Affairs and
Business which should be from time to time concerning the said Lands,
and the Plantation of the same, King Charles the First, by the same
Letters Patent, did create and make the said Sir Henry Roswell, and
his Associates, and such others as should be thereafter admitted free
of the said Company and Society, one Body Corporate and Politick, by
the Name of The Govemour and Company of the Massachusetts Bay
in New England ; and granted them and their Successors divers
Powers, Liberties, and Privileges.
The said Governor and Company of the Massachusetts Bay in
New England, by virtue of the said Letters Patent, settled a Col-
ony of English in the said Tract of Land ; and divers good Subjects,
encouraged and invited by the said Letters Patent, did transport
themselves and their Effects into the same ; whereby the said Planta-
tions became very populous, and divers Counties, Towns and Places
were created, erected, made and set forth or designed, within the
said Parts of America, by the said Governor and Company for the
Time being.
May 162 The Indian Princes, to strengthen themselves against
Grant from the their Enemies the Terratines, by receiving the EnglisJi
to the Massachu- among them, bargain and sell to John Wheelwright and
sens Bay. others of the Massachusetts Bay, their Heirs and Assigns,
All that Part of the main Land between the Rivers of Merrimack
and Piscataqua thus described, viz. " At the End of 20 Miles
" North-west from Pantucket Falls, to begin and run a North-east
" Line till it intersect those two Rivers, and those two Rivers to be
u the Bounds of it from that Head Line to the Sea."
All which Land they then supposed to be included in the Colony
of the Massachusetts Bay by an East and West Line drawn three
Miles Northward of the Head of Merrimack River.
Nov ifia The Council of Plymouth granted to Capt. John Ma-
Grant from the SOU, and his Heil'S,
mouth to°Mason " All that Part of the main Land between the Middle of
clTi efdvaN e w " Merrimack River, and the Middle of Piscataqua River,
Hampshire. "from the Month of Piscataqua River to the Head of it,
41 and from thence North-westward till 60 Miles be finished from the
" first Entrance of Piscataqua River, and from the Mouth of Mcrri-
" mack to the Head of it, and from thence Westward till 60 Miles be
" finished, and the Head Line to cross over from thence to the End
" of the 60 Miles from the Mouth of Piscataqua River."
BOUNDARY LINE PAPERS. 603
Which Portion of Land the said Capt. John Mason, with the Con-
sent of the Council of Plymouth, named New Hampshire.
King Charles the First, by his Letters Patent, granted
from
to Sir Ferdinando Gorges, Grant 39
" All that Part of New England (which was then called FeSioandoGor-
" the Province of Maine) beginning at the Entrance of sesoV™ -Prov"
,, _, . tti ' . ° 1 t» ■ iTTi mce of Maine.
" Piscataqua Harbour, passing up the River to the Head
" of Newichwannock, and thence North-westward till 120 Miles
" finished, and from Piscataqua Harbour's Mouth North-eastward
"along the Sea Coasts to Sagadohock, and up the River to the Head
u of Kennebeck, and into the Land North-westward till 120 Miles be
" ended from the Mouth of Sagadohock, and from the Period of that
" 120 Miles to cross over Land to the 120 Miles reckoned up into the
" Land from Piscataqua Harbour through Newichwannock ', and the
" North half of the Isle of Sholes^
Note, This Tract of Land was afterwards, by the Charter of King
William and Queen Mary, incorporated into the Province of the
Massachusetts Bay.
The Province of the Massachusetts Bay apprehending the whole of
the Lands contained in these two Grants to Mason and Gorges was
included in their Grant, and divers Disputes having arose between the
said Province of the Massachusetts Bay and Mr. Gorges and Mr.
Mason ;
The said Gorges and Mason applied by Petition to the King
Council to have the said Disputes touching the Boundaries deter-
mined ; which Petition, on the 7th of February 1677. was referred to
the then Lords of the Committee, with Directions to enter into the
Examination of the Bounds and Limits, which the Province of the
Massachusetts Bay on the one hand, and the said Gorges and Mason
on the other, did pretend, by their several Grants and Patents, to
have been assigned to them ; and also to examine into the Charters
which were insisted on by either Side, in order to find out and settle
how far the Rights of Soil or Government belonged to any of them :
In the Consideration whereof, the then Lords Chief Justices Rains-
ford and North were appointed to give their Lordships of the Com-
mittee their Assistance.
The Lords of the Committee, with the two Chief Justices, having
heard both Parties by their Council, recommended it to the said Chief
Justices to receive a State of the Claims made by both Parties, and
to return their Opinion on the whole Matter to their Lordships ; and
accordingly,
The Chief Justices reported, That they had heard all Parties, and that
the Respondents had disclaimed Title to the Lands claimed by the
604 PROVINCE OF NEW HAMPSHIRE.
Petitioners ; and it appearing to them, that the said Lands were in
Possession of several other Persons not before 'em, they thought not
fit to examine any Claims to the said Lands, it being in their Opin-
ion improper to judge of any Title of Land without Hearing of the
Tertenants, or some other Person on their Behalf ; and if there were
any Courts of Justice upon the Place, having Jurisdiction, they
esteemed it most proper to direct the Parties to have recourse thither
in the Decision of any Question of Property, until it should appear,
that there was just Cause of Complaint against the Courts of Justice
there for Injustice or Grievance.
That they had examined the several Claims of the Parties to the
Government. And the Petitioners having waved the Pretence of a
Grant of Government from the Council of Plymouth, the Question
was reduced to the Province of Maine, whereto the Petitioner Gorges
made his Title by the said Grant, 15 Car. I. to Sir Ferdinando
Gorges, and his Heirs, of the Province of Maine, and the Government
thereof. In Answer to which, the Massachusetts Bay insisted, That
the Government had been long before, viz. by the said Letters Pa-
tent, 4 Car. I. granted to them. To which it was reply 'd, That this
Patent, 4 Car. I. was invalid, 1st, Because the said preceding Grant,
i&Jac. of the same thing, was then in being, but was surrendered
afterwards, and before the Date of the said Grant, 15 Car. I. 2dly,
For that the Grant of the Government could extend no further than
the Ownership of the Soil, the Boundaries of which, as recited in that
Patent, wholly excluded the Province of Maine, which lay Northward
more than three Miles beyond Merrimack River.
And they having considered hereof, conceived,
As to the first Matter, That the Patent, 4 Car. I. was good, not-
withstanding the said Grant made iSJac. For it appeared to them,
by the Recitals in the Patent, 4 Car. I. That the Council of PlymoutJi
had granted away all their Interest in the Land the Year before ; and
it must be presumed they then deserted the Government. Where-
upon it was lawful and necessary for the King to establish a suitable
Frame of Government, according to his Royal Wisdom, which was
done by the said Grant, 4 Car. I. and then the Report goes on in the
Words following :
"As to the second Matter, it seems to us to be very clear, that the
11 Grant of the Government, 4 Car. I. extends no further than the
" Boundaries expressed in the Patent, and those Boundaries cannot
"be construed to extend further Northward along the River Men i-
" mack, than three EnglisJi Miles ; for the North and South Bounds
"of the Lands granted, so far as the River extends, are to follow the
" Course of the River, which makes the Breadth of the Grant. The
BOUNDARY LINE PAPERS. 605
" Words describing the Length to comprehend all the Lands from
"the Atlantick Ocean to the South Sea, of and in all the Breadth
" aforesaid, do not warrant the Over-reaching of those Bounds by im-
" aginary Lines or Bounds : Other Exposition would, in our humble
" Opinion, be unreasonable, and against the Intent of the Grant.
" The Words of and in all the Breadth aforesaid, shew, that the
" Breadth was not intended an imaginary Line of Breadth laid upon
" the broadest Part, but the Breadth respecting the Continuance of the
"Boundaries by the Rivers, as far as the Rivers go ; but when the
" known Boundary of Breadth determines, it must be carried on by
" imaginary Lines to the South Sea.
"And if the Province of Maine lies more Northerly than three
u English Miles from the River Merrimack, the Patent 4 Car. I.
"gives no Right to govern there ; and thereupon the Patent of the
" same 15 Car. I. to the Petitioner Gorges will be valid.
" So that, upon the whole Matter, we are humbly of Opinion, as to
" the Power of Government, that the Respondents the Massachusets,
" and their Successors, by their Patent of 4 March, 4 Car. I. have
" such Right of Government as is granted them by the same Patent
" within the Boundaries of their Lands expressed therein, according
" to such Description and Exposition as we have thereof made as
" aforesaid ; and the Petitioner Sir Ferdinando Gorges, his Heirs and
" Assigns, by the Patent 3 April, 15 Car. I. have such Right of Gov-
" ernment as is granted them by the same Patent within the Lands
" called the Province of Maine, according to the Boundaries of the
"same expressed in the same Patent."
And the Lords of the Committee entirely agreeing in Opinion with
the said two Chief Justices, they submitted the same to his Majesty
for his Determination thereon ; and
The said Report was taken into his Majesty's Consid- 2oJu] i6 0r_
eration in Council, and both Sides were again heard be- der in council
fore his Majesty in Council, when the said Report was
approved of and confirmed by his Majesty, and all Parties were or-
dered to acquiesce therein, and contribute what lay in them to the
punctual and due Performance of the said Report, as there should be
Occasion.
Note, Upon this Hearing, the Agents for the Massachusetts Bay
insisted, That by their Grant they were bounded between two East
and West parallel Lines, drawn one from the most Southerly Part of
Charles River, and the other from the most Northerly Part of Mer-
rimack River, with three Miles Advantage upon each, and reaching
from Sea to Sea, and could not be intended to be bounded by so
many hundred Lines as the River Merrimack makes Bends and An-
606 PROVINCE OF NEW HAMPSHIRE.
gles in 200 Miles Passage from Winnipisiokee Pond to the Mouth of
the River ; but in this they were clearly mistaken ; for such Line
could never answer the Words of their Charter, which limited them
by the Courses of the River ; and as to the Lands Northward of
Merrimack, to those only that were within three Miles of it ; and
therefore, when their Bounds came in Judgment before the King in
Council, he accordingly determined, That the Boundaries of the Mas-
sachusetts could not be construed to extend further Northward along
the River Merrimack, than three English Miles ; for the North and
South Bounds of the Lands granted, so far as the Rivers extend,
were to follow the Course of the Rivers.
In this Determination, so very solemnly made, the Province of the
Massachusetts Bay, in May 1678. signified their entire Satisfaction,
and afterwards, in 1679. passed an Act of Assembly, vacating such
Grants as they had made beyond the three Miles North of Merri-
mack River ; and they have always since, and still do acquiesce there-
in, and so likewise did the Province of New Hampshire, till some few
Years since, when they attempted to make many and great Encroach-
ments within the Boundaries of the Massachusetts Bay, according to
the said Royal Determination thereof, as is hereafter stated.
Upon this solemn judicial Determination, and within two years
after it, viz.
His then Majesty King Charles the Second took all
that Part of the main Land in New England then and
since known by the Name of New Hampshire, into his own immedi-
ate Government. And,
Bv Letters Patent of this Date, commissioned a Presi-
18 Sep. 31 Car. J _ .. , . _
11. commission dent and Council to take upon them the Government of
Government ^f the said Province. In which Commission, the Opinion
New Hampshire. 0f tne saj^ Chief Justices is mentioned, and the said Prov-
ince of New HampsJiire is described as lying and extending from
three Miles northward of Merrimack River, or any Part thereof, unto
the Province of Maine, and which is in another Part of the said
Commission called the three Mile Line.
And the King thereby declares, That the Government of the said
Province of New HampsJiire so limited and bounded had never been
yet granted ; and therefore he thereby creates and gives the Power
of Government over the same to the said President and Council.
And in this Commission his Majesty further declares, That Ma-
son s Ancestors had obtained a Grant of the Soil of the said Tract ;
but that his Majesty, by his said Settlement in 1677. had adjudged
three Miles North of Merrimack, and every Part thereof, as the
River ran, to belong to the Massachusetts ; agreeable to which De-
BOUNDARY LINE PAPERS. 607
termination, his Majesty by this Commission, cuts off the said three
Mile Tract from Mason's Grant, and makes his said new Government
to correspond and agree with the said Settlement.
And this Commission, two Years after the said Settlement in
1677. and when the Matter was fresh in Memory, the Massachusetts
insist was that which created a Government, and is the only Founda-
tion upon which that Province must stand, unless they can shew any
Addition to their Bounds and Limits by some new Grant from the
Crown, which they have never pretended ; so that this Commission
may not improperly be considered as the Charter of New Ha?npshire.
In Trinity Term, 36 Car. II. the said Charter, 4 Car. 6Car n j6g
I. was vacated by Judgment in Chancery on a Scire Fa- charter 4 bar. 1.
pas brought for that Purpose.
Upon the Revolution, the Province of the Massachusetts Bay, by
their Agents, applied to their Majesties King William and Queen
Mary for a new Charter of Incorporation ; which their Majesties
were gracionsly pleased to comply with ; And,
King William and Queen Mary granted a Charter to 0ct i6 t
the Province of the Massachusetts Bay, which reciting the charter 3 wn-
said Charter, 18 Jac. I. to the Council of Plymouth, and the"1 aMassa7hS
the said Grant of 19 March, 3 Car. I. from the Council of settsBay-
Plymouth, and also the said Charter from the Crown, 4 Car. I. to Sir
Henry Roswell, and others ; and also reciting the said Judgment by
Scire Facias for vacating the said Charter 4 Car. I. and that the
Agents of the Massachusetts Bay had applied to their said Majesties
for their Charter of Incorporation, and that their Majesties were gra-
ciously pleased to gratify their said Subjects; and also, to the end
their Subjects within the Colony of New Plymouth in New England
might be brought under such a Form of Government as might put
them in a better Condition of Defence ; and considering as well the
Granting unto them, as to the said Colony of the Massachusetts Bay,
a Charter of Incorporation, with reasonable Powers and Privileges,
would much tend, not only to the Safety, but to the flourishing Estate
of their Subjects in the said Parts of New England, and also to the
advancing of the Ends for which the said Plantations were at first en-
couraged ;
Their said Majesties King William and Queen Mary, by their said
Letters Patent, ordain, That the Territories and Colonies commonly
called or known by the Name of the Colony of the Massachusetts Bay,
and Colony of New Plymouth, the Province of Maine, the Territory
called Accada or Nova Scotia, and all that Tract of Land lying be-
tween the said Territory of Nova Scotia and the said Province of
Maine, be erected, united, and incorporated into one real Province, by
the Name of the Province of the Massachusetts Bay in New England.
608 PROVINXE OF NEW HAMPSHIRE.
And their said Majesties, by the said Letters Patent, do give and
grant unto the Inhabitants of the said Province of the MassacJaisetts
Bay, and their Successors for ever,
Bounds "All that Part of New England in America lying and
" extending from the great River commonly called Mono-
" mack alias Merrimack, on the North Part; and 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
" whatsoever lying within the Limits aforesaid, and extending as far
" as the outermost Points or Promontories of Land call'd Cape Cod,
"and Cape Mallabor North and South, and in Latitude, Breadth, and
" in Length and Longitude of and within all the Breadth and Com-
" pass aforesaid throughout the main Land there, from the said At-
" lantick or Western Sea and Ocean on the East Part towards the
" South Sea, or Westward as far as the Colonies of Rhode-Island, Cou-
" necticutt, and the Narragansett Country ; and also all that Part and
" Portion of main Land beginning at the Entrance of Piscataway
" Harbour, and so to pass up the same into the River of Newickwan-
" nock, and through the same into the furthest Head thereof, and
"from thence North-westward till 120 Miles be finished, and from
"Piscataway Harbour-Mouth aforesaid North-eastward along the Sea
" Coast to Sagadohock, and from the Period of 120 Miles aforesaid to
" cross over Land to the 120 Miles before reckoned, up into the Land
" from Piscataway Harbour through NewicJizvannock River ; and also
"the North Half of the Isles of Sholes, together with the Isles of Capa-
" wock and Nantuckett near Cape Cod aforesaid ; and also the Lands
" and Hereditaments lying and being in the Country or Territory
" commonly called Accada or Nova Scotia, and all those Lands and
" Hereditaments lying and extending between the said Country or
" Territory of Nova Scotia, and the said River of Sagadohock, or any
" Part thereof ; and all Lands, Grounds, Places, Soils, Woods and
" Wood-Grounds, Havens, Ports, Rivers, Waters, and other Heredi-
" taments and Premises whatsoever lying within the said Bounds and
" Limits aforesaid, and every Part and Parcel thereof ; and also all
" Islands and Islets lying within 10 Leagues directly opposite to the
" main Land within the said Bounds ; and all Mines, <Sr."
,, , , And by the said Charter it is directed, That the Gover-
Provision that at J , '
least isof the 28 nor is to have 28 Counsellors or Assistants, who are to be
Proprietore *of elected annually by the General Court ; viz. 18 at least of the
rifo^8infora«iv Inhabitants of or Proprietors of Lands within the Terri-
on'^ftieMaSl" ^ory formerly called the Colony of tJie Massachusetts Bay ;
chusetts Hay- and 4 at least of the Inhabitants of, or Proprietors within
the Territory formerly called New Plymouth ; and 3 at least of the
BOUNDARY LINE PAPERS. 609
Inhabitants of, or Proprietors of Land within the Territory formerly
called the Province of Maine ; and I at the least of the Inhabitants of, or
Proprietors of Land within the Territory lying between the River of
Sagadohock and Nova Scotia ; of whom seven, with the Governor, to
be a Quorum.
And there is Power in the said Charter given to the Power to rant
said Governor, to make or pass any Grants of Lands Ly- Lands within the
ING WITHIN THE BOUNDS of the Colonies formerly Called Colonies former-
the Colonies of the Massachusetts Bay and New Plymouth, ^chuletls e Ba£
and Province of Maine, in such manner as heretofore they &c-
might have done by virtue of any former Charter or Letters Patent :
Which Grants of Lands their said Majesties, by their said Letters
Patent, will and ordain, to be and continue for ever of full Force and
Effect, without their further Approbation or Consent.
But Grants of Lands between Sagadohock and St. Laurence Rivers
(which no-ways concern the present Boundaries in Question) are to
have the Royal Approbation.
The Provinces of the Massachusetts Bay and New Hampshire have,
ever since the granting this last Charter, been under the Govern-
ment of one and the same Person, but under different Commissions ;
and in all the several Commissions for the Government of New
Hampshire, from that time to this ; (the present Governor Belcher s
only excepted, which mentions no Boundaries) viz. 4 William and
Mary, to Samuel Allen, Esq ; 9 William, to the Earl of Belmont ; 1
Anne, to Joseph Dudley, Esq; 12 Anne, to Governor Burgess; 2
George I. to Governor Shute ; 1 George II. to Governor Burnett;
New Hampshire is described in the following manner ; viz.
"All that Part of our Province of New Hampshire With- Descri tion of
"in our Dominion of New England in America, lying New Hampshire
"and extending itself from 3 Miles Northward of Merri- commissions?™"
" mack River, or any Part thereof, unto the Province of
"Maine, with the South Part of the Isle of Sholes."
And about five Years after the granting this last Charter ; viz.
The Governor and Council of New Hampshire caused 2 Jul i6
their Boundary Line to be run from the Atlantick Ocean New Hampshire
three Miles Northward of Merrimack River, parallel with plan thereof filed
the River so far as they had any Settlements near it, and among their Rec-
filed the Plan thereof among their publick Records.
Note, The Massachusetts Bay offered and insisted to produce this
Plan before the Commissioners, but they rejected it ; of which the
Massachusetts have complained, and insist on their Right of produc-
ing the same on these Appeals.
Notwithstanding the said Royal Determination by the said Order
in Council in 1677, and the said repeated Confirmations thereof by the
41
6lO PROVINCE OF NEW HAMPSHIRE.
Acts and Commissions of the Crown, passed in every Reign since,
and every one of which was passed in the most solemn manner, hav-
ing been all prepared by his Majesty's Attorney and Solicitor Gen-
eral, and having received the previous Approbation of the Board of
Trade and Committee of Council ; and notwithstanding the Gover-
nor and Council of New Hantpshire had themselves run their own
Boundary Line agreeable to the said Royal Determinations, and actu-
ally filed the Plan thereof in their publick Records ; yet some of the
Inhabitants of the Province of New Hampshire, whose Estates lay
contiguous to the Boundaries of the Province of the Massachusetts
Bay, were willing to inlarge the same by making Incroachments on
the Lands belonging to the Province of the Massachusetts Bay ; and
several Disputes having arose between the two Provinces touching
their Boundaries, and the Assemblies of each Province not being able
to agree the Matter amongst themselves,
Anno i Mr. The House of Representatives of New Hampshire, by
Rindge's Peti- Mr. Rindge their Agent, applied by Petition to his Ma-
Boundariese of jesty in Council, praying his Majesty by his own Royal
JiSrtSnSE"11"8 Determination, to declare and ascertain the several Boun-
daries of the said Province of New Hampshire ; and after
several Litigations between the Agent of the Province of the Massa-
chusetts Bay and the Agent of the House of Representatives of New
H amps J lire ; pursuant to his Majesty's Order in Council,
A .j A Commission issued under the Great Seal of Great
commission to Britain, directed to certain Commissioners therein named,
for settling the Bounds between the two Provinces.
By which Commission the Commissioners were directed to hold
their first meeting on the ist of August 1737, at Hampton in New
Hampshire ; and it was by the said Commission (inter alia) directed,
That in case either of the said two 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 in their respective
Provinces, on whom any Notices, Summons, or final Judgment of
the said Commissioners might be served ; and in case either of the
said two Provinces should also neglect to send to the said Commis-
sioners at their first Meeting, a plain and full State of their Demands
or Pretensions in Writing, describing where and in what Places the
Boundaries on the Southern and Northern Part of New Hampshire
ought to begin, and what Courses and how far the same ought to run
respectively, to the end that Copies thereof might be mutually ex-
changed, in order to prevent any unnecessary Delay ; and that each
Party might come fully prepared, the Commissioners should proceed
ex parte.
BOUNDARY LINE PAPERS. 6ll
And Entries were directed to be made of all Papers, Evidences,
Deeds, Charters, and Proofs received by the Commissioners, and of
all their Proceedings throughout ; and Plans or Draughts of such
Boundary Lines as should be agreed upon by the Commissioners,
were directed to be annexed to the said Commissioners Return, and
make Part thereof.
And a Copy of their final Determination was directed to be sent to
such publick Officers of each Province, as likewise Notice of another
Meeting at the Distance of six Weeks, or at such further reasonable
time as the Commissioners should appoint, not exceeding three Cal-
endar Months, when either of the said Provinces who should appre-
hend themselves aggrieved, might enter their Appeal to his Majesty
in Council, with a Declaration what Parts of the Determination of
the Commissioners they abided by, or appealed from : But if neither
of the said Provinces should enter their Appeal or Exception against
the Commissioners Determination at such last Meeting, then no Ap-
peal or Exception was afterwards to be received or admitted ; and
such Determination of the Commissioners being confirmed by his
Majesty, was to be final and conclusive.
The Commissioners met, and opened their Commis- Au
sion, when a Committee of eight Gentlemen appointed commissioners
by the General Court of the Province of New Hampshire
appeared and laid before the Commissioners a Vote of the General
Court of that Province, passed by the General Assembly I April
1737. appointing them a Committee to attend the Commissioners his
Majesty had or might appoint to mark out the Boundaries between
the said Provinces, and to provide Witnesses, Pleas and Allegations,
Papers and Records, to be presented and laid before the said Com-
missioners in that Affair, and to provide for the Reception and En-
tertainment of the Commissioners, any five of the said Committee to
be a Quorum, with an Order upon their Treasurer to supply the said
Committee with such Money as might be needful or necessary in
that Affair.
And the New Hampshire Committee then laid before the Commis-
sioners in Writing, the Names of two publick Officers on whom the
Commissioners Summons or final Judgment might be served, until
further Order made by their General Court, which was not then sit-
ting.
And then the said New Hampshire Committee laid State of New
before the Commissioners a State of the Demands of that Hampshire De-
Province with respect to the Boundaries, whereby (after
taking Notice, "That New Hampshire is a small Province, lying
" principally between that which was formerly the Colony of the Mas-
6l2 PROVINCE OF NEW HAMPSHIRE.
"sachusetts Bay, and that Tract of Land called then the Province of
" Maine, which are nozv incorporated into one Province by the Charter
"^William and Mary, dated 20 Octob. 1691.") they insisted, That
with res ect to tne Southern Boundary of their Province should begin
their southern at the End of three Miles North from the Middle of
the Channel of Merrimack River, where it runs into
the Atlantick Ocean, and from thence should run on a strait Line
West up into the main Land towards the South Sea, till it met with
his Majesty's other Governments ; and that their Northern Boundary
. , should begin at the Entrance of Piscataway Harbour,
With respect to ° . J '
their Northern and so pass up the same into the River Newichwannock,
and through the same into the furthest Head thereof,
and from thence North-westward (that is, North less than a Quarter
of a Point Westerly) as far as the BritisJi Dominion extends.
Same Da ^wo °^ ^e Council of the Province of the Massachu-
setts Bay, laid before the Commissioners a Vote of the
General Court of their Province, passed by the General Assembly 4
July 1737, mentioning the Names and Places of Abode of two pub-
lick Officers on Behalf of that Province, on whom any Notices, Sum-
mons, or other Process of the Commissioners, might be served ; and
then laid before the Commissioners a Letter from the Secretary of
that Province, acquainting the Commissioners by the Command of
the Governor and Council of the Province, That at the time of the
rising of the General Assembly in Boston, there was no Account of
the Commission being arrived, or so much as issued ; and that the
Assembly had been prorogued to the 4th of August, which happened
to be three Days after the first Day of the intended Meeting of the
Commissioners ; that the Assembly, before they rose, appointed a
Committee to draw a State of the Case respecting the disputed Boun-
daries, in order to the Court's preparing a State of their Demands
agreeable to his Majesty's Directions, which the Court would at their
first Meeting have ready to lay before the Commissioners without
any Delay ; and therefore the Governor and Council desired the
Commissioners would not suffer the Province to receive such a Preju-
dice by this short Delay, as would be the Consequence of their Pro-
ceeding decisively without receiving their Demand ; and that they
the rather expected this Justice from the Commissioners, because
they could not conceive, that by the first Meeting in the Commission
any thing else could be intended than their first Session, wherein no
long Adjournment should intervene, it not being said the first Day
of their Meeting, and in regard New Hampshire had not specified
the Place of Abode of the two Officers nominated on their Behalf,
nor where the Persons nominated by the Council and Assembly of
BOUNDARY LINE PAPERS. 613
New Hampshire lived, which they apprehended to be as essential
Defects according to the (strict Words of the) Commission, as the
not giving in a State of the Demand, since that ought to be pre-
vious to this ; and therefore New Hampshire could not (in this
Construction of the Charter) give in a State of their Demands, nor
nave 'em considered till the other Article was complied with ; but
upon the Whole, they doubted not but the Massachusetts Province
would have equal Justice from the Commissioners with New Hamp-
shire.
The Committee for New Hampshire presented a long a Au
Remonstrance to the Commissioners in Writing, suggest-
ing that the Government of the Massachusetts had disobeyed his
Majesty's Commission in not being prepared with a full State of
their Demands against the opening of the Commission to lay before
the Commissioners, and that the Massachusetts had delayed the Mat-
ter ; and the said New Hampshire Committee therefore, in Behalf of
New Hampshire, excepted against any Claim or Demand of the
Massachusetts being received by the Commissioners, and protested
against their putting in and laying before the Commissioners any
Evidence of any kind whatever relating to this Affair, and against
the Commissioners receiving and considering any Matter or Thing
whatever, that they should then offer ; and praying the Commission-
ers, on Behalf of their Government, to proceed on the Matter in Dis-
pute by the Help of such Arguments, Papers, and Evidence, as
should be laid before the Commissioners on the Part of New Hamp-
shire ; but the Commissioners shewed no regard to this unreasonable
Remonstrance, and agreeable to the Spirit of the Commission, and
the natural Justice of the Case, and that the End of the Commission
might not be defeated, resolved, That the Massachusetts should have
Time for bringing in their Claims and Demands, till
When the Committee for the Massachusetts laid before g A i
the Commissioners a Vote of the General Court of the
Province, appointing them Agents on Behalf of the Province to at-
tend the Commissioners in Support of the Claim of the said Prov-
ince; and likewise presented to the Commissioners a State of the Mas.
State of their Demands approved of by the General sachusetts De-
Court and Assembly of the Massachusetts ; whereby they
recite the said Letters Patent of 4 March 1628, erecting the Colony
of the Massachusetts Bay ; and also the said Letters Patent in 1639.
erecting the Province of Maine ; and also the said Order in Council
of 20 July 1677 ; and also their present Charter of 1691, by which
the late Colony of the Massachusetts Bay and the Province of Maine
were united into one real Province ; viz. the Massachusetts Bay, with
614 PROVINCE OF NEW HAMPSHIRE.
which the Southern and Northern Boundaries of New Hampshire
were then to be settled and marked out ; and the Massachusetts Gov-
ernment therefore (pursuant to these antient Grants from the Crown
made above ioo Years ago, explained and ascertained by the Royal
judicial Determination in 1677, an^ recited and confirmed in their
As to the South- present Charter) claim and demand to hold and possess,
em Boundary, and be bounded on the Southerly Side of New Hamp-
shire by a Boundary Line beginning at the Sea three English Miles
North from the Black Rocks (so called) at the Mouth of Merrimack
River, as it emptied itself into the Sea 60 Years ago, thence running
parallel with the River at three Miles Distance as far Northward as
the Crotch or Parting of the River, where Winnipisiokee and Pemi-
gewasset Rivers tmite, and make Merrimack River ; thence due
North as far as a certain Tree, commonly known for more than 70
Years past by the Name of Indicotts Tree, standing three English
Miles Northward of the said Crotch or Parting of Merrimack River
and from thence due West to the South Sea ; which they insisted
they were able to prove by antient and incontestable Evidences, were
the Bounds intended, granted, and adjudged to them as aforesaid ;
which Grant and Settlement of Charles II. in 1677. they insist on as
conclusive.
n nh ] And on the Northerly Side of New Hampshire, by a
Boundary. Boundary Line to begin at the Entrance of Piscataqua
Harbour, pass up the same to the River Newichwannock ■, through
that to the farthest Head thereof, and from thence a due North-west
Line till 120 Miles from the Mouth of Piscataqua Harbour be fin-
ished ; which they alledge to be the Extent of the Massachusetts
Province on that Part.
They therefore prayed the Commissioners to Order the Bounds
and Lines before-mentioned to be run, marked out, and established
accordingly, so far as New Hampshire extended, and that Plans
might be made for the perpetual Remembrance of them.
To these States of the Demands of each Province, Answers were
put in, and Replies made thereto by each Province in Writing.
Note, The Massachusetts produced the written Evi-
State of Massa- \ r t
chusetts Proofs, dence before stated, and proved by several living Wit-
nesses That the Mouth of the River Merrimack was form-
erly at the Black Rocks, but is now removed three Quarters of a
Mile Southerly. They have also proved, That this River, during the
Memory of Man, hath always been called Merrimack, from the Mouth
up to the Crotch aforesaid, where Winnipisiokee and Pemigewasset
Rivers unite ; and produced also several Depositions taken above 60
Years ago, and also several ancient and late Deeds and Charters of
BOUNDARY LINE PAPERS. 615
each Province, all mentioning this River in its several Reaches, by
the Name of Merrimack River.
The Agents for New Hampshire produced several State o£ New
Witnesses, who swore, that they never knew such Alter- Hampshire
ation at the Mouth of this River, as proved on the Part
of the Massachusetts; and produced also some written Evidence (alto-
gether immaterial) in Support of their Demands.
Upon Consideration of the whole by the Commission- Se t
ers, a Doubt arose in point of Law ; and the Court there- commissioners
upon came to the following Determination, viz. u sment'
That if the Charter 3 William and Mary, grants to the . , . _ .
„ . r1 Ti*- 7 r> 11 it i i-i As to the South-
rrovince or the Massachusetts Bay all the Lands which em Boundary.
were granted by the Letters Patent 4 Charles I. to the
late Colony of the Massachusetts Bay, lying to the Northward of
Merrimack River ; then the Commissioners adjudged and determined
That a Line should run parallel with the said River, at the Distance
of 3 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, and from thence to run to the Crotch or Parting of the said
River, where the Rivers of Pemigewasset and Winnipisiokee meet,
and from thence due North 3 English Miles, and from thence due
West towards the South Sea, until it meets with his Majesty's other
Governments ; which should be the Boundary or dividing Line be-
tween the said Provinces of the Massachusetts and New Hampshire
on that Side; But if otherwise, then the Court adjudged and deter-
mined, That a Line on the Southerly Side of New Hampshire, begin-
ning at the Distance of 3 English Miles North, from the Southerly
Side of the Black Rocks aforesaid at Low Water Mark, and from
thence running due West up into the main Land towards the South
Sea, until it meets with his Majesty's other Governments, should be
the Boundary Line between the said Provinces on the Side aforesaid,
Which Point in Doubt with the Court as aforesaid, they submit to
his Majesty's Consideration.
And as to the Northern Boundary between the said As t0 the North-
Provinces, the Court resolved, That the dividing Line em Boundary,
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 furthest Head thereof, and from thence North 2
Degrees Westerly, until 120 Miles be finished, from the Mouth of
Piscataqua Harbour aforesaid, or until it meets with his Majesty's
other Governments ; and that the dividing Line should part the Isle
of S holes, and run through the middle of the Harbour betwixt the
6l6 PROVINCE OF NEW HAMPSHIRE.
Islands to the Sea, on the Southerly Side ; and that the South-west-
erly Part of the said Islands should lie in, and be accounted part of
the Province of New Hampshire; and that the North-easterly Part
thereof should lie in, and be accounted Part of the Province of the
Massachusetts Bay, and be held and enjoyed by the said Provinces
respectively, in the same manner as they now do, and have heretofore
held and enjoyed the same.
And the Court further adjudged, That the Cost and Charge arising
by taking out the Commission, as also of the Commissioners and
their Officers for their travelling Expences, and Attendance in the
Execution of the same, should be equally borne by the said Prov-
inces ; and then the Commissioners adjourned to
„ . . When the Commissioners met again, in order to receive
14 Oct. 1737. Ap- , o '
peal of the Mas- any Exception or Appeal to their said Judgment from
the UDetermiS™ either Province. And the Province of the Massachu-
mksfinSs.00"1" setts Bay presented their Appeal or Exception from the
Judgment of the Commissioners to his Majesty in Coun-
cil, as being aggrieved thereby in the following Particulars. — With
Regard to the Southern Boundary of New Hampshire : First, For
that the Commissioners ought not to have supposed, that the Char-
ter, 3 William and Mary, did not grant to the Province of the Mas-
sachusetts Bay all the Lands which were granted to the Massachusetts
Colony by the Charter 4 Car I. nor to have determined the running
any Line in consequence of that Supposition. Secondly, For that
the Commissioners ought not to have adjudged, That the Line to be
drawn three Miles North of the Crotch should proceed due West
towards the South Sea, till it meets with his Majesty s other Gover?i-
ments; for that the said dividing Line can proceed no further than 60
Miles, that being the Extent of the Province of New Hampshire. —
With regard to the Northern Boundary of New Hampshire : First,
For that this Line ought not to run from the furthest Head of New-
icJnvannock River, North two Degrees Westerly, but ought to have
been determined to run North-westward, or towards the North-west,
agreeable to the Words and Meaning of the Charter. Secondly, For
that the Commissioners should not have adjudged this last Line to
run till the 120 Miles from the Mouth of Piscataqua Harbour be fin-
ished, or till it meets with his Majesty s other Governments; but
should have directed this Line to run till the 120 Miles be finished,
without mentioning his Majesty's other Governments, the Province
of New Hampshire extending no further.
a eai of the And ^e House of Representatives of the Province of
Province of New New Hampshire appealed from the Determination of the
Hampshire from . , ^ . . 1 -,. . , •■ • %
the Determina- said Commissioners, apprehending themselves aggrieved
thereby, in the following Particulars, viz.
tion of the Com-
missioners.
BOUNDARY LINE PAPERS. 6l/
On the Southerly Boundary : In that the Judgment says, " Be-
ginning 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, and near 3 Quarters of a Mile North from
where it empties itself into the Atlantick Sea or Ocean. 2dly, From
a parallel Line with the River, in case a crooked Line should be
run, whereas they object against running a crooked Line parallel to
the River, it being founded upon the old Charter of the Corporation
of the Massachusetts Bay long since vacated ; yet that in such Case it
ought to begin 3 Miles to the North of the Mouth of the River Mer-
rimack at Low Water Mark, where it empties itself into the At-
lantick Sea or Ocean, in that manner to run no further than the
River hath a Western Course, and not to run parallel with the
River, where it runs North and South at 3 Miles Distance from the
River, and far beyond where they apprehend it was formerly called
Merrimack, and more particularly because the Province of the Massa-
chusetts Bay now hold under the Charter of William and Mary,
which never intended a crooked Line.
And as to the Northern Boundary : They objected against that
Part of the Judgment that said, " Through the Mouth of Piscataqita
" Harbour, and up the middle of the River ; " because they con-
ceived, that Mr. Gorges 's Patent, by which the Massachusetts claim y
doth not convey any Right to the River, the whole of the River, and
the Jurisdiction thereof, having, as they insisted, ever been in the
Possession of the Province of New Hampshire, and never claimed by
the Massachusetts; and New Hampshire, in order to preserve and
safeguard the same, have always had a Castle, and maintained a Gar-
rison there.
Note, The Commissioners annexed to the Proceedings a Plan of
the Rivers and Boundary Lines referred to, and mentioned in their
Judgment as prepared by a Surveyor of their own Appointment ;
which Plan, drawn off in a smaller Scale, is herewith left.
And the Matter now comes on to be heard on the said two Ap-
peals, and the special Matter of the said Determination ; and the
Province of the Massachusetts Bay humbly hope, That their said Ap-
peal from the said Judgment or Determination of the Commissioners
is well founded, and that the said Judgment shall be varied in the
Particulars they have complained of ; and that the New Hampshire
Appeal therefrom shall be dismissed, amongst many other for the
following Reasons.
As to the Special Matter of the said Determination :
Whether the present Charter to the Massachusetts Bay, grants
them all the Lands that had been before granted to the Colony of
42
6l8 PROVINCE OF NEW HAMPSHIRE.
the Massacliusetts Bay, lying to the Northward of Merrimack River :
The Massacliusetts insist, it clearly does, amongst others for the
Reasons following :
1. For that the present Charter to the Province of the Massachu-
setts Bay, in express Terms, incorporates all that which was com-
monly called or known by the Name of the Colony of the Massachu-
setts Bay, into the Province of the Massachusetts Bay ; so that all
that Territory which formerly constituted the Massachusetts Colony,
is now unquestionably Part of, and within the present Province of
the Massachusetts Bay, and must by the Boundary Line now under
Consideration be parted from New HampsJiire.
2. For that there is not the least Exception, or any the least Part
of the late Colony of the Massachusetts hinted to be excepted or ex-
cluded by the present Charter, and therefore, according to the uni-
versal Understanding of Mankind, in all other Cases, where a Grant
is made of any thing without any Exception, the Whole is granted ;
and the present Charter, containing a Grant of the late Colony of the
Massachusetts without any Exception, is a Grant of the Whole, es-
pecially as this Grant was plainly intended not to be a diminishing,
but an inlarging one.
3. That the present Charter grants the Massachusetts the same
Bounds on the Northerly Side, as were granted by the former Char-
ter to the Massachusetts Colony, is evident, because the Province of
the Massachusetts js declared by the present Charter to extend from
Merrimack River, and 3 Miles Northward thereof, to the At lan-
tick Ocean beyond Cape Cod on the South, and which is the Bound-
ary intended to take in the late Colony of Plymouth ; which it can
never do, unless it takes in all the Lands that had been before grant-
ed to the Colony of the Massachusetts Bay, lying to the Northward
of Merrimack River.
4. It farther appears, that the present Charter comprehends the
whole of the late Colony of the Massacliusetts, in regard 18 at least
of the Counsellors to be chosen for the Province of the Massachusetts
Bay, are by the present Charter required to be Inhabitants of, or
Proprietors of Lands in that which was formerly the Colony of the
Massachusetts Bay, and which makes a great Majority of the Council,
which consists in the whole but of 28 : Now no possible Reason can
be assigned for this Limitation, but that the Counsellors, by Interest
as well as Duty, might be engaged to consult the Good and Welfare
of the Province, as being Inhabitants or Proprietors thereof ; but if
any Part of the late Colony of the Massachusetts be excluded by the
present Charter, one or all of the said 18 Counsellors may be chosen,
although Proprietors or Inhabitants of such excluded Part only ; and
BOUNDARY LINE PAPERS. 619
by that means the Majority of the Council consist of Members not
interested in the Province, and render the wise and gracious Inten-
tion and Care of their Majesties absurd and ridiculous; so that either
all the Land contained in the late Colony, must be within the Bounds
of the present Province of the Massachusetts Bay, or else this Ab-
surdity must follow, That 18 (which is a Majority) of the Counsellors
of this Province may be such as are neither Inhabitants or Proprie-
tors of Lands in the Province.
5. That the full and plain Design and Sense of the present Char-
ter, was to contain and grant all the Land of the late Colony of the
Massachusetts in and to the present Province, is clear and evident
from that Part of the Charter, whereby the General Court of the
Massachusetts Bay have full Power given them, " to make any Grant
" of Lands lying within the Bounds of the Colonies, formerly called
" the Colonies of the Massachusetts Bay, and New Plymouth, and
" Province of Maine, as heretofore they might have done by virtue of
" any former Charter or Letters Patent." Which abundantly shews,
that the present Charter includes all these 3 Colonies and Provinces
in their full Extent of Bounds, without excluding or excepting any
Part thereof.
6. There are the very same Words to include all the Lands that
formerly constituted the Colony of the Massachusetts, as there are to
include the Lands of which the Colony of New Plymouth, and Prov-
ince of Maine, formerly consisted ; and yet there is no Pretence, but
that the Whole of the Lands of New Plymouth and Maine are in-
cluded in the present Charter.
7. This still farther appears from the Manner of wording the Com-
missions to the Governors of New Hampshire, from the Time of the
present Charter to that of their present Governor, which give the
Sense of 5 crowned Heads on this Question, and by which it is plain,
that the Crown and the Officers of the Crown have understood the
present Charter in this Sense, every one of these Commissions ascer-
taining the Southern Boundary of New Hampshire, to 3 Miles North-
ward of Merrimack, or any Part thereof, And,
8. As the fullest Answer to the New Hampshire Claim on this
Head, in the State of the Demands they delivered in to the Commis-
sioners, they state and admit, that the Province of New Hampshire is
a small Province, lying principally between that which was formerly
the Colony of the Massachusetts and that which was then the Prov-
ince of Maine : Whereas should they prevail, in what they are now
insisting on, New Hampshire would be so far from being a small
Province, or lying between the late Colony of the Massachusetts, and
the Province of Maine, That it would be a very large Province, and
620 PROVINCE OF NEW HAMPSHIRE.
would chiefly lie within the Bounds of the late Colony of the Massa-
chusetts, and take off above 40 Miles in Breadth of that Colony, as
settled and determined by the said Order in Council in 1677.
As to the Northern Boundary of the Massachusetts, or Southern
Boundary of New Hampshire.
As therefore the present Charter comprehends all the Lands that
had been before granted to the Colony of the Massachusetts, lying to
the Northward of Merrimack River, it is apprehended, there can be
no Doubt remaining, but that the Northern Boundary ought to be
run, agreeable to the Claim insisted on by the Province of the Mas-
sac hit ' setts Bay.
1. From the clear and express Words of the first Charter to the
Massachusetts Colony, which indisputably contain a Grant, not only
of all the Lands to the Southward of the River Merrimack, but also
of all Lands within the Space of 3 English Miles to the Northward
of that River, or to the Northward of any and every Part thereof ;
by which Words the River Merrimack, so far as it extends, with 3
Miles over and beyond the Northern or opposite Banks of that River,
was unquestionably the real Boundary between the then Colony of
the Massachusetts, and the Province of New Hampshire ; and that
the said 3 Mile Line must under that Charter be understood to com-
mence from 3 Miles Northward of the Place, where Merrimack River
then emptied itself into the Atlantick Sea ; which the Massachusetts
Bay have proved to be, and so the Commissioners have determined,
at the Black Rocks, and to run in a curve Line parallel with, and
along the Courses of the said River, so far as the River extends,
which the Massachusetts have proved, and the Commissioners have
accordingly determined, to be at the Crotch where Pennigewassett
and IViuuipissiokee Rivers meet.
2. From the Judgment and Determination of King Charles by his
said Order in Council 1677, made upon this very Question, in the
very solemn manner herein before stated, by which the then Colony
of the Massachusetts is determined to be bounded on the North Part
by a Line 3 Miles Northward of any and every Part of the River Mer-
rimack, as far as that River goes until the River ceases ; and when
that known Boundary determines, then to be carried on by an imagi-
nary West Line to the South Sea, which is exactly the Line the Mas-
sachusetts claim in this Controversy ; and at the Time this Determi-
nation was made, all the Bends and Turns of this River were well
known, and the then Colony of the Massachusetts then hoped, by put-
ting a more advantageous Construction on their Charter, to have
made out a Right to the whole Province of New Hampshire ; but his
then Majesty, by a final Judgment, bound them down to this parallel
BOUNDARY LINE PAPERS. 621
Line ; and the Massachusetts must be more than unfortunate, if that
which was binding on them, should not be so on New Hampshire ;
and it would be very difficult, if this judicial Determination should be
shook, to say what Certainty there could be in any Settlement of
Boundaries to be hereafter made.
3. That the Massachusetts Colony were then judged and taken to
be intitled to this Northern Boundary, according to this judicial De-
termination, appears from the first Commission which issued in 1679,
(two Years afterwards) to President Cutt and Council (which is de-
clared to be the first Formation of a Constitution of Government in
that Province) ; by which New Hampshire is bounded, so as not to
come within three Miles of Merrimack River.
4. For that the Line run or Settlement made of this Boundary by
the Governor and Council of New Hampshire in 1696, (soon after
the present Charter) which is run parallel with the Courses of Merri-
mack River at three Miles Distance, agreeable to the Massachusetts
present Claim, plainly declares the Sense of New Hampshire itself,
with regard to this Part of the Boundary, to be in favour of the
Massachusetts.
5. For that New Hampshire can consist of nothing more than
what was allowed to pass by the Grant to Mason, by the said judicial
Determination in 1677 ; by which it was determined, That New
Hampshire (then claimed by Mr. Mason) did not come within 3 Miles
of Merrimack River : and therefore the Massachusetts must go
everywhere 3 Miles over this River, because the Provinces join, and
this New Hampshire was so sensible of, that though the Expression
of the Commission, is to run the Boundaries of New Hampshire, yet
they laid nothing before the Commissioners to show what their
Boundaries really were, but left the Massachusetts to do it for
them.
The OBJECTIONS made hereto on Behalf of New Hampshire
are principally these :
That the said Judgment in 1677 ought to have been
pleaded in Bar, or not to be pleaded at all. ist Ject'
This is not a Proceeding of that Nature wherein the
Form of special Pleadings was requisite or necessary :
The Order was set out and insisted on by the Massachusetts, in the
very first Step, viz. in the State of their Demands : Besides, the Use
we make of this Order is to shew what was known and ascertained
thereby to be and belong to the late Colony of the Massachusetts, and
which the Massachusetts insist it incontestably does ; and as all that
then constituted that Colony, is incorporated in the present Charter,
it of necessary Consequence shows and determines what belongs to
the Massachusetts o n that Side under their present Charter.
622 PROVINCE OF NEW HAMPSHIRE.
._.. That the late Charter was vacated by Scire Facias in
1684. and therefore the Massachusetts can lay no Claim
to any thing which either that Charter or the said Determination in
1677 (which was made upon it) might otherwise have given them.
Tho' the former Charter was annihilated, yet as the
present Charter incorporates the former Colony of the
Massachusetts into the present Province of the Massachusetts Bay,
and grants them all the Lands the late Colony held ; this Objection
has no manner of Weight in it : For if the former Colony contained
the Lands, and was bounded as the present Province of the Massa-
chusetts contend for, and they were all adjudged, whilst that Charter
had Existence, to belong to that Colony ; and if that Colony and the
Lands thereof be incorporated by the present Grant into the Prov-
ince of the Massachusetts Bay, those Lands justly and legally belong
to the Massachusetts Bay, according to the Boundaries and Descrip-
tions thereof, as contained in the said late Charter, and the said
Determination thereof by the said Order in Council in 1677.
That the Northern Bound in the present Charter, is,
" All that Part of New England lying and extending
" from the great River Merrimack on the North Part, and from three
" Miles Northward of the said River to the Atlantick or Western
u Ocean on the South ; and all the Lands lying within the Limits
" aforesaid, and extending as far as the outermost Points of Land
" called Cape Cod and Cape Malabar, North and South, and in Lati-
" itude, Breadth, and in Length and Longitude of and within all the
" Breadth and Compass aforesaid, throughout the Main Land there
" from the Atlantick Sea, on the East Part towards the South Sea,
" or Westward as far as Rhode Island, Connecticut, and the Nara-
" gansett Country:" And that those material Words of "any and
" every Part thereof," inserted in the former Charter, are omitted in
the present ; and therefore this Northern Line must, agreeable to
the present Charter, begin three Miles North from the Middle of the
Channel of Merrimack River, where it runs into the Atlantick
Ocean, and from thence should run on a strait Line West up into
the main Land towards the South Sea ; or that otherwise it will not
hold the same Breadth, but will vary with every Turn of the River ;
and that when the River ceases to run a direct West Course, it can-
not be a Northern Boundary.
This Objection proceeds on a Supposition, that this
Case is to rest on the present Charter, without any Re-
gard had to the former, and the judicial Determination made upon
it : For admit them into the Consideration, (as the Massachusetts
humbly insist they must) the Whole of this Objection is immediately
BOUNDARY LINE PAPERS. 623
overturned. But if this Case was to rest on the present Charter
only, (which the Massachusetts Bay, insist it is not) yet in that Case
the Massachusetts apprehend it would even then be very clear, that
the Boundary Line in Question ought to be run in the manner they
contend for.
I. For as the present Charter contains a Grant of all that Part of
New England from the great River Merrimack on the North Part,
and from three Miles Northward of the said River to the Atlantick
Sea on the South Part, tho' the Words u of any and every Part there-
of," are not here inserted ; yet as the River must be understood to
comprehend all and every Part of the River, unless by some after
Clause reduced to a more limited Sense, which is not done in the
present Case, the Charter not saying from the Mouth, or any other
particular Part, so the River is by this general Description, with
three Miles to the Northward, made the Boundary ; and also the
Measure of the Breadth from the Sea into the Country so far as the
River goes, and that as fully and amply as if the Words " every or
any Part thereof," had been inserted therein ; and from the Head of
the River then by a Line to be drawn, &c. for as the Charter men-
tions no particular Spot or Point three Miles Northward of Merri-
mack, that this three Mile must be taken from, it is plain the Charter
meant and intended the whole Northern Line of the Province to run
three Miles Northward of and parallel with Merrimack River ; and
was it to be otherwise, the Province of the Massachusetts Bay would
not have all that Part of New England from the River Merrimack on
the North Part, and three Miles Northward of the said River ; but
on the contrary, the greatest Part of the River would be in New
Hampshire ; and instead of the Massachusetts having three Miles
Northward of it, New Hampshire would have 40 Miles to the South-
ward of it.
II. The present Charter is plainly intended to include the Lands
which formerly constituted the late Colonies of the Massachusetts
and New Plymotith ; whereas great Part of the Lands of each of
those Colonies will be extended, if the Line is not run in the man-
ner contended for by the Massachtcsetts Bay.
III. All the several Kings and Queens who have filled the British
Throne from the Date of the present Charter to this Time, have de-
termined this Question by the several Commissions they have during
that Time issued to the Governor of New Hampshire, wherein New
Hampshire is described as extending from three Miles North of Mer-
rimack River, or any Part thereof, to the Province of Maine ; The
first of which Commissions being in the same Reign, and passed by
the same Officers, who drew the present Massachusetts Charter, is
624 PROVINXE OF NEW HAMPSHIRE.
the strongest Evidence, that the present Charter was understood by
their Majesties who issued it, and by all their Successors, in the
Sense the Massachusetts now contend for, and which Commissions
are all New Hampshire have to evidence any Boundaries at all ; and
being under the Great Seal, the MassacJiusetts insist on them, as so
many Royal Declarations of the extent of New Hampshire, and by
every one of which they are excluded expresly from all the Lands
that lie within three Miles of Merrimack River, or any Part of it.
IV. The true Boundaries and Extent of New Hampshire appear
by the said several Commissions from the Crown, which exactly cor-
respond with the Boundaries insisted on by the Massachusetts ; and
the Massachusetts insist New Hampshire cannot support a Right to
a greater Extent of Country than what was included in these Com-
missions, which are their Constitution of Government ; and their in-
sisting to have their Southern Boundary run in the manner they now
contend for, is not warranted by any Grant, Commission, Deed or
Conveyance, or by one Hour's Possession ; but is entirely notional
and without Foundation, and directly in the Teeth of the Royal
Grants and Determinations in favour of the Massachusetts, and their
Possession under the same, and even of the New Hampshire Com-
missions, and the Line they themselves run in 1696, as aforesaid.
As to the other Parts of this Objection, that the River cannot be
a Boundary of Breadth, because it often runs and bends, nor can be
a Northern Boundary, when it ceases to run a direct West Course :
This (it is apprehended) hardly requires a serious Answer: — Be-
cause if there was any thing in either of these Objections, it would
be impossible for any River to be a Boundary either of Breadth or
Compass, or even for Newichwannock River, which runs North two
Degrees West, from being New Hampshire s Northern Boundary ;
and yet by the general Assent of Mankind, Rivers are the most nat-
ural, best, and most certain Boundaries between different Provinces ;
and Newichwannock River is most certainly the Northern Boundary
to New Hampshire.
The River Merrimack is the Measure of the Breadth from the At-
lantick Sea into the Country as far as it goes, and that Breadth which
the River makes, and no more, it must hold, whilst the River lasts,
and the Breadth where the River determines is the Breadth that
must be continued to the End of the Northern Line ; for Merrimack
River is made the Bounds on the North Part of the Province, as the
Atlantick Sea is on the South ; and notwithstanding the many large
Reaches there are in this Sea Shore, that is, notwithstanding the
South Boundary, till the Massachusetts, meets Rhode Island, as Mer-
rimack is, as far as that goes, with three Miles to the Northward of
BOUNDARY LINE PAPERS. 625
it, the North Boundary ; and divers of these Reaches in the Sea
Shore between Cape Cod and Rhode Island turn and run as much
and more directly South than any Turning in Merrimack River runs
North ; and why Merrimack River, when it turns less Northerly, may
not be the North Bounds, as well as the Sea Shore, that runs more
directly South, may be the South Bounds, is difficult to reconcile to
common Sense, and it is believed this is the first time that ever such
Objections as these were taken : For notwithstanding the Turnings
and Windings of the River, it lies on the North Part of the Prov-
ince, and is properly a Northern Boundary to it. No River can
have more than two Sides ; this River has a South and a North Side,
and all the Lands that lie on the North Side of it lie to the North-
ward of the River, notwithstanding the several Bends and Turnings
that it may make. And as to the Necessity contended for of having
a strait West Line from three Miles North of the Mouth of Merri-
mack River, because otherwise the Breadth would vary ; the Breadth
will always vary, where the Boundaries are natural Boundaries of
Rivers or Mountains ; and would still vary in this Case, tho' this
Line was to be run in the manner New Hampshire contend for ; be-
cause the Sea Shore, which is the Southern Boundary, does not run
in a strait Line, but in some Places turns much Northerly, and in
others much Southerly, which is sufficient to show the Weakness and
Absurdity of this Argument.
And New Hampshire may as well insist to cut the Massachusetts
off from the Sea on the South by a strait West Line from the Sea
Shore, (where a South Line from the Mouth of Merrimack strikes
the Sea) as they can by a strait West Line from three Miles North-
ward of the Mouth of Merrimack cut the Massachusetts off from that
River ; for Merrimack River, and three Miles to the Northward, is
as much the Massachusetts North Bounds, as the Atlantick South-
ward of Cape Cod is their South Bounds.
The plain and necessary Meaning and Intent of the Charter is,
That the Massachusets should have all that Breadth and Compass of
Land which is comprehended between the Sea, RJwde Island and
Connecticut on one Side, and Merrimack River, with three Miles
Northward thereof, on the other Side, so far as the River extends,
and then to be continued by a Western Line. And it is observable,
that the Word Compass, as well as Breadth, is used in the Charter,
which is of itself sufficient to obviate such Objections as these.
And it is observable, that the same Difficulties (if these can be
called any) arose on the Determination and Judgment passed on the
Grant in the old Charter ; and yet those learned Judges, on a solemn
Argument and full Representation of the Matter, particularly of the
43
626 PROVINCE OF NEW HAMPSHIRE.
Courses and Reaches of the River, finally adjudged such a parallel
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 into the present Massachusetts Province.
The Massachusetts further insist, That the Determination of the
Commissioners is wrong, where it says, That from three Miles North
of the Crotch the Line shall proceed due West towards the South
Sea, till it meets with his Majesty s other Governments ; which the
Commissioners declare to be the dividing Line between the Massa-
chusetts and New Hampshire on that Side ; whereas the Commis-
sioners (who had no Power to run the Line of the Massachusetts fur-
ther than it was a Boundary between that Province and New Hamp-
shire') ought not to have carried the said dividing Line further than 60
Miles, because the Province of New Hampshire never did go further,
whether the Bounds of it be taken from Mason's Grant, which ex-
presly mentions the Extent to be 60 Miles ; or from the Commis-
sions to the Governors of New Hampshire, which bound New Hamp-
shire by the Province of Maine ; for there is no Pretence New
Hampshire has a Right to a Southern Boundary of the same Extent
with the Massachusetts Northern Boundary.
As to the Northern Boundary of New Hampshire, or Southern
Boundary of the Province of Maine, being the Line between New
Hampshire and the Province of Maine.
By the Grant from King Charles the First to Sir Fer-
ro^oMhe Mas- diiiando Gorges of the Province of Maine, it is plain a
peaKUsetts A P" large square Tract of Land was intended to be granted,
bounded by Rivers on each Side as far as the Rivers go,
and from thence North-westward till 120 Miles be ended ; Words so
plain, that it is difficult to raise a Doubt about them : What the Mas-
sachusetts insist on, is, That this 120 Mile Line should, agreeable to
the Words of the Grant, run North-westward, or towards the North-
west, from the Head of the said River till the 120 Miles be accom-
plished. What New HampsJiire insist on, is, That this 120 Mile
Line should run from the Head of the said River North less than a
quarter of a Point West : And the Commissioners have determined
this Line to run from the Head of the said River North two Degrees
Westerly. And from this Part of the Determination the Massachu-
setts have appealed, insisting, that the Commissioners ought to have
determined, that this Line should run from the Head of the said
River North-westward.
I. For that the Term North-westward is a well known and certain
Course, perfectly understood by all skilful Mathematicians and Survey-
ors, and is the same as towards the North-west, as Westward is
BOUNDARY LINE PAPERS. 627
towards the West, and is so used in all Deeds and Writings, and in
the Language of all Mathematicians and Surveyors : And whenever
a Line is intended to be run North, a small matter to the West, the
usual way of expressing it is by the Word North-westerly, or, if
Accuracy requires it, with the Addition of how many Degrees it is
to the Westward of the North : But by North-westward is always
understood to be meant a Direction tending to the North-west, or in
the Middle of the Compass between the North and West.
II. For that when King Charles the First, and King William and
Queen Mary, used these Terms North-westward, and North-eastward,
they so used them to express the Course of those Lines with Cer-
tainty, and to the general Understanding of Mankind ; and could
never mean, that the Line running up the River 120 Miles should be
two Degrees West ; and that the other Line running from the River
120 Miles to bound the second Side, should be North two Degrees
East : 1 . Because this would make the Province of Maine, instead
of a Tract of Land of 120 Miles square, only a Gore, or triangular
Piece of Land, being at one End a Point, and but eight Miles wide
at the other, not one twentieth Part of their Grant, and no-ways ca-
pable of exercising the many and great Privileges expressed in the
Grants. And, 2. Because the Words made use of, viz. North-west-
ward and North-eastward, being known Terms, would not admit of a
Construction so undetermined and uncertain.
III. The Massachusetts have likewise appealed from that Part of
the Determination of the Commissioners, by which they direct this
120 Miles to run from the mouth of Piscataqua till it be finished, or
till it meet with his Majesty s other Governments : Whereas the Mas-
sachusetts insist, it should have been till the 120 Miles was finished,
without mentioning his Majesty's other Governments ; because the
Province of Maine extends no farther than till 120 Miles be finished,
and New Hampshire on that Side is bounded by the Province of
Maine, in the several Commissions to the Governors of New Hamp-
shire.
New Hampshire insist, That the Commissioners have NewHam shire
done wrong in directing the Northern Line to run thro' Appeal.
the Mouth of Piscataqua, and so up the Middle of the River; in-
sisting Gorges s Patent doth not pass any Right to the River, and
that the Whole of that River, and the Jurisdiction thereof, hath ever
been in the Possession of New Hampshire, and never claimed by the
Massachusetts.
By the express Words of Gorges's Grant, the Line An
must run thro' the Mouth of Piscataqua, and up the Middle
of the River, it being impossible to run the Line agreeable to the
Description of that Grant, without.
628 PROVINCE OF NEW HAMPSHIRE.
And (notwithstanding what New Hampshire have surprisingly in-
sisted on to the contrary) Possession and Enjoyment have been
agreeable hereto, it being a known Truth, that from Time immemo-
rial the Province of Maine have and now do possess and receive
Taxes constantly from all the Islands lying in that River, on that
Side towards the Province of Maine ; and the Massacliusetts aver in
the most solemn manner, That New Hampshire have never in any
one Instance exercised the Jurisdiction of the whole River, and that
the Province of Maine have constantly possessed and enjoyed the
Islands all along their Side of the River — the Fact being, That all
the Islands in the said River have been always considered and taxed
as belonging to that Government they lay nearest to.
For all which amongst many other Reasons, the Province of the
Massachusetts Bay humbly hope, their Lordships will be of Opinion
to vary the Determination of the Commissioners in the Particulars
they have appealed from ; but that their Determination shall Stand
and be Affirmed in all other respects ; and that the New Hampshire
Appeal therefrom shall be dismissed.
J. Strange.
R. Hollings.
[Endorsed]
Massachusetts Bay
And
New Hampshire.
The CASE of His Majesty s Province of the Massachusetts Bay,
touching the Dispute between that Province and his Majesty s Prov-
ince of New Hampshire, in relation to their Boundaries on the Settle-
ment thereof made by Commissioners appointed for that Purpose;
and of Cross-Appeals therefrom.
To be Heard before the Right Honourable the Lords of the Com-
mittee of his Majesty's Most Honourable Privy Council, at the
Cock-pit, Whitehall, on Wednesday the $th day of March 1739. at
Six d Clock in the Afternoon.
I2<IMAH!wiM
628 PROVINCE OF NEW HAMPSHIRE.
And (notwithstanding what New Hampshire have surprisingly in-
sisted on to the contrary) Possession and Enjoyment have been
agreeable hereto, it being a known Truth, that from Time immemo-
rial the Province of Maine have and now do possess and receive
Taxes constantly from all the Islands lying in that River, on that
Side towards the Province of Maine ; and the Massachusetts aver in
the most solemn manner, That New Hampshire have never in any
one Instance exercised the Jurisdiction of the whole River, and that
the Province of Maine have constantly possessed and enjoyed the
Islands all along their Side of the River — the Fact being, That all
the Islands in the said River have been always considered and taxed
as belonging to that Government they lay nearest to.
For all which amongst many other Reasons, tJie Province of the
Massachusetts Bay humbly hope, their Lordships will be of Opinion
to vary the Determination of the Commissioners in the Particulars
they have appealed from ; but that their Determination shall Stand
and be Affirmed in all other respects ; and that the New Hampshire
Appeal therefrom shall be dismissed.
J. Strange.
R. Hollings.
[Endorsed]
Massachusetts Bay
And
New Hampshire.
The CASE of His Majesty s Province of the Massachusetts Bay,
touching the Dispute between that Province and his Majesty s Prov-
ince of New Hampshire, in relation to their Boundaries on the Settle-
ment thereof made by Commissioners appointed for that Purpose;
and of Cross-Appeals therefrom.
To be Heard before the Right Honourable the Lords of the Com-
mittee of his Majesty's Most Honourable Privy Council, at the
Cock-pit, Whitehall, on Wednesday the $th day of March 1739. at
Six 0' Clock in the Afternoon.
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[Mass. Maps and Plans, Vol. 34. p. 7-]
Ka
:
'
CHRONOLOGICAL LIST OF PAPERS
RELATING TO THE
DISPUTED BOUNDARY LINE,
INCLUDING ALL PRINTED IN THIS AND PRECEDING
VOLUMES OF THIS SERIES.
CHRONOLOGICAL LIST OF PAPERS.
Date.
Description.
Vol.
Page.
1620, Nov. 3.
Charter James I. to Council of Plymouth.
4-9
1622, Aug. 10.
Grant of Maine to Gorges and Mason.
IO-16
1627/8, March 19.
Grant of Massachusetts by Council of Ply-
mouth to Sir Henry Roswelland others.
. 18
1628/9, March 4.
Charter of Massachusetts by James I. to
Governor and Company of the Massachu-
setts Bay.
l9
1629, May 17.
Deed from Indians to John Wheelwright.
56-60
l9
357
Dr. Bouton's reasons for considering
Wheelwright Deed a forgery.
9
XL.
1629, Nov. 7.
Grant of New Hampshire by Council of
Plymouth to John Mason.
21-26
Nov. 17.
Grant of Laconia by Council of Ply-
mouth to Mason and Gorges.
27, 38
1629/30, Feb. 16.
Instructions to Endicott.
475
103
1631, Nov. 3.
Grant of Piscataqua by Council of Ply-
mouth to Mason and Gorges.
29-31
17
479-484
1 63 1, Spring.
Grant of Hilton's Point by Council of
Plymouth to Edward Hilton.
28
1632, Aug. 13.
Letter, Walter Neale and Thomas Wig-
gin to John Mason.
95-97
1633, Aug- 13-
Letter, Walter Neale and Thomas Wig-
gin to John Mason.
83-85
Dec. 6.
Division of property, Mason, Gorges
&c.
17
487
1634/5, Feb. 3.
Allotment of territory by Council of New
England to John Mason.
17
488
1635, April 22.
Grant of New Hampshire by Council of
Plymouth to John Mason.
I
32
17
499
April 25
Charter of Council of Plymouth surren-
dered to King.
I
40
Aug. 19.
Charter by Charles I. to John Mason.
I
36
Sept.—
Sale of land by Gorges to Mason.
I
4i
1636,
Account of New England.
17
489-492
632
PROVINCE OF NEW HAMPSHIRE.
Date.
Description.
1636, April 10.
1637,
—
Oct. 1.
1638,
Nov. 29.
1639.
1640,
June 5.
April 3.
1641-
Oct. 20.
Oct. 22.
-1662.
1651,
July 4.
1653
May 6.
1664
1665-
Oct. 25.
-1679.
1665
about.
May 3.
May 17.
June 18.
July 16.
Vol.
July-
July 26.
1665, July 26.
Nov. 20.
1667, May 20.
1674, March 5.
1676, Sept. 3.
Letter. George Vaughan to Ambrose
Gibbons.
Order of King's Council in case Thom-
as Eyer versus Ferdinando Gorges.
Lease, Gorges and Mason to Richard
Vines, Henry Jocelyn, and Thomas War-
nerton, " Mosquito Hall."
Letter, George Burdett to Archbishop of
Canterbury.
Controversy between Gorges and Mason.
Exeter Combination.
Letter, Dover to Governor of Massa-
chusetts.
Extract of patent from Charles I. to
Gorges.
Dover Combination.
Dover Combination.
Extracts from Massachusetts records re-
lating to New Hampshire settlements.
Joseph Mason's protest against Richard
Leader.
Petition of Joseph Mason to Massachu-
setts government.
Address of Massachusetts to King.
Extracts from Massachusetts records re-
lating to New Hampshire.
Report of King's Commissioners about
Massachusetts.
Depositions of Richard Waldron and
Peter Weare.
Depositions of Simon Willard and Ed-
ward Johnson.
Letter, Samuel Maverick to Col. Nichols.
Letter, King's Commissioners to Massa-
chusetts Governor and Council.
Portsmouth petition against Massachu-
setts government.
Petition from Portsmouth, Dover, Hamp-
ton and Exeter to be freed from
Massachusetts government.
Letter, King's Commissioners to Secre-
tary of State.
Letter, King's Commissioners to Secre-
tary of State.
Letter, Nicholas Shapleigh to John
Mason.
Robert Mason's title to New Hampshire.
Robert Mason's title to New Hampshire.
Depositions concerning Mason's settle-
ments in New Hampshire.
i/
Page.
97
492
98
17
17
I
497
493-495
I3I-I34
I
126-128
*9
17
1
376
501
126
1
154-244
17
502
17
1
504-506
265-270
1
270-368
1
258-263
19
356
J9
17
361
509
1
249-252
17
510-512
17
513
1
252-255
1
255-259
17
17
17
513-515
516-520
535-53^
17
521-523
BOUNDARY LINE PAPERS.
633
Date.
Description.
Vol.
Page.
1676, Sept. 6.
Declaration of rights of Governor and
Company of the Massachusetts Bay.
*9
362-368
1677, July 20.
Report of Lords of Trade on controversy
between Massachusetts and Mason and
Gorges.
l9
303-307
Sept. 6.
Account of land between Massachusetts
and Maine.
l7
523
Oct. 22.
Petition of Dover to continue under Mas-
sachusetts government.
17
524
Petition of Exeter for same privilege.
17
525
Oct. 22.
Petition of Portsmouth for same privilege.
17
526
Oct. 22.
Petition of Hampton for same privilege.
17
527
i£>77/8, Jan. 9.
Petition of Mason and Gorges for a sep-
arate government for Maine and New
Hampshire.
17
529-531
1678, May 8.
Petition from Governor and Company of
the Massachusetts Bay to King.
r9
373-375
1678/9, Feb. 13.
Account concerning Massachusetts north-
ern bounds.
17
53i
1679, March.
Statement about sale of Maine to Mas-
sachusetts.
17
538
Sept. 18.
Commission of John Cutt, first President
of New Hampshire.
1
373-382
Oct. 5.
Massachusetts commissions in New
Hampshire declared void.
*9
37S
1679/80, Jan. 22.
Proclamation by President to inhabi-
tants of New Hampshire.
1
413
1680, March 29.
New Hampshire address to King.
1
409
May 25.
Letter, John Cutt to Governor and
Council of Massachusetts.
1
410
Aug. 6.
Petition of Robert Mason to Lords of
Trade.
17
54o
1681, May 31.
Complaint of New Hampshire Council
against Robert Mason.
17
ss^sss
Nov. 10.
Petition of Robert Mason against New
Hampshire Council.
17
559-562
1682, about.
Answer to Mason's claim to New Hamp-
shire.
1
511-514
May 9.
Commission of Lieut. Gov. Edward
Cranfield.
1
433-443
June 23.
King's order concerning Mason's claim.
1
45J-453
Nov. 15.
Elias Stileman's answer to Mason's claim.
1
509-511
Dec. 1.
Letter, Lt. Gov. Cranfield to Secretary
of State.
Jf7
574
Dec. 1.
Letter, Cranfield to Lords of Trade.
17
570-574
Dec. 30.
Letter, Cranfield to Lords of Trade.
17
575-578
1682/3, Jan.
Letter, Cranfield to
17
578
Jan. 10.
Letter, Cranfield to Lords of Trade.
17
580-582
1683, Nov. IS-
Letter, Cranfield to Lords of Trade.
J7
591
Dec. 22.
Deed from Indians to Jonathan Tyng.
l9
358
634
PROVINCE OF NEW HAMPSHIRE.
Dath.
Description.
Vol.
Page.
1683/4, Jan. 16.
Letter, Cranfield to Lords of Trade.
17
592-595
1685, Sept. 8.
Deposition of Francis Small.
I
45
Oct. ro.
Deed from Indians to Jonathan Tyng.
T9
356
Nov. 6.
Depositions of Nathaniel Boulter and
John Redman.
I
46
Dec. 18.
Deposition of George Walton.
I
47
1 689- 1 690.
Unsettled state of New Hampshire gov-
ernment.
2
30-46
1691, Oct. 7.
Charter of Massachusetts from William
and Mary.
19
334-354
1692/3, March 1.
Commission of Samuel Allen.
2
57-62
1693, Oct.
New Hampshire committee appointed to
run line.
l9
180
Nov. 7.
Reply of Massachusetts to action of
New Hampshire.
19
181
1693, about.
Draft of resolution for uniting New
Hampshire and Massachusetts.
19
180
1695, Oct. 30.
New Hampshire committee to run line.
19
182
Nov. 18.
Letter, New Hampshire to Massachusetts.
l9
182
Nov. 26.
Reply of Massachusetts to action of New
Hampshire.
19
183
1696, April 8.
Orders to New Hampshire committee to
run line.
l9
184
1697, June 26.
Commission of Lieut. Gov. William Par-
tridge.
2
259
1699, June 18
Commission of Earl of Bellomont.
2
305-312
1702, April 1.
Commission of Gov. Joseph Dudley.
2
366-375
April 1.
Extract from Gov. Dudley's commission.
19
375
1703, June 10.
Commission of Lt. Gov. John Usher.
2
406
Letter from Lt. Gov. Usher.
19
183
1705, Dec. 18.
New Hampshire committee appointed to
run line.
19
185
1708, June 15.
Massachusetts committee ordered to
meet.
19
185
1709/10, Jan. 6.
Thomas Noyes to Isaac Addington ; pro-
ceedings of convention on line.
l9
186
17l5/6> Jan. 16.
New Hampshire committee on line.
17
715
Jan. 30.
Letter, Massachusetts to New Hamp-
shire.
17
716
1717, Sept. 12.
Commission of Lt. Gov. John Went-
worth.
2
712
1719, April 23.
Message, Gov. Shute to New Hamp-
shire House.
l9
129
Dec. 7.
Letter, Massachusetts to Secretary Wal-
dron of New Hampshire.
17
742
Answer to above.
17
743
Dec. 7.
Appointment of New Hampshire com-
missioners.
l9
186
Dec. 7.
Instructions to New Hampshire commis-
sioners.
19
187
BOUNDARY LINE PAPERS.
635
Date.
Description.
Vol.
Page.
1719, Dec. 9.
New Hampshire protest against delay.
l9
188
Dec. 19.
Massachusetts commissioners appointed.
l9
189
Dec. 19.
Instructions to Massachusetts commis-
sioners.
l9
I90
1720, April 26.
New Hampshire expenses.
19
192
1720, July 20
Letter, New Hampshire to Jeremiah
Dummer.
l9
193
July 20.
Draft of New Hampshire letter to agent
in London.
l9
193
July 22.
Instructions to Henry Newman, New
Hampshire agent.
l9
144, 195
Nov. 28.
Letter, Josiah Willard, Secretary of Mas-
sachusetts, to Lt. Gov. Wentworth about
disputed taxes, with testimony.
l9
I96, I97
Dec. 9.
Reply to above.
l9
I98
1720/ 1, March 10.
Letter, Richard Waldron, Secretary of
New Hampshire, to Gov. Shute.
17
752
March 14.
Letter, Secretary Waldron to Gov.
Shute.
17
753
1722, May 2.
Petition of Kingston men to Gov. Shute,
with surveyor's testimony.
17
756
May 4.
Letter to Henry Newman, New Hamp-
shire agent.
4
30
19
199
May 8.
Charter of Chester N. H. from Gov.
Shute.
19
360
1723, Nov. 20.
Message, Lt. Gov. Wentworth to New
Hampshire Assembly.
4
107
Dec. 24.
Instructions to Massachusetts agents.
l9
200
1724, Sept. 29.
Letter, Henry Newman to New Hamp-
shire committee.
4
146
Nov. 16.
Message, Lt. Gov. Wentworth to New
Hampshire Assembly.
4
148
1725, May 17.
Message, Lt. Gov. Wentworth to New
Hampshire Assembly.
4
168
1725, May 22.
Message, New Hampshire House to Lt.
Gov. Wentworth.
4
173
Dec. 27.
Message, Lt. Gov. Wentworth to New
Hampshire Assembly.
4
187
1726, April 10.
New Hampshire order, forbidding set-
tlement by Massachusetts at Penacook.
l9
377
April 11.
Message, Lt. Gov. Wentworth to New
Hampshire Assembly.
4
205
April 27.
Message, New Hampshire House to Lt.
Gov. Wentworth.
4
213
April 30.
New Hampshire vote for address to
King.
*9
200
April 30.
New Hampshire vote for instructions to
agent Newman.
J9
201
636
PROVINCE OF NEW HAMPSHIRE.
Date.
1726, May 25.
Aug 8.
Aug. 20.
Aug. 30.
Oct. 10.
Dec. 1.
1727, May 3.
Nov. 27.
1728, March 13.
1729, April 11.
April 22.
April.
April 30.
May 2.
May 15.
1730, Aug. 26.
Aug. 27.
Aug. 28.
Aug. 29.
Aug. 31.
Nov. 4.
Nov. 19.
Nov. 20.
Nov. 23.
Dec. 3.
1730/1, Jan. 22.
Feb. 10.
1 73 1, March 27.
April 29.
April 30.
Description.
Massachusetts committee appointed.
Letter, Henry Newman to Lords of Trade.
Letter, Henry Newman to Lt. Gov. Went-
worth .
Letter, Alured Popple to Henry Newman.
Letter, Jeremiah Dummer to Secretary
Willard.
New Hampshire vote in reply to Massa-
chusetts vote.
Message, Lt. Gov. Wentworth to New
Hampshire Assembly.
Message, Lt. Gov. Wentworth to New
Hampshire Assembly.
Vote of Massachusetts Council.
Massachusetts commissioners appointed.
Message, Gov. Burnet to New Hampshire
Assembly.
Petition of Eastman and Hazen.
New Hampshire vote on above petition.
Report of committee on above petition.
New Hampshire committee to run line.
Message, Gov. Belcher to New Hamp-
shire House.
Messages, Gov. Belcher to New Hamp-
shire House.
Message, New Hampshire House to Gov.
Belcher.
Seventy-seventh instruction to Gov.
Belcher.
New Hampshire vote about choosing com-
missioners.
New Hampshire act of authority to com-
missioners.
Message, Gov. Belcher to New Hamp-
shire Assembly.
Message, Gov. Belcher to New Hamp-
shire House.
Message, New Hampshire House to Gov.
Belcher.
New Hampshire commissioners appoint-
ed.
Descriptive sketch of New Hampshire.
Massachusets act of authority to commis-
sioners.
Massachusetts committee appointed to
attend commissioners.
Message, Gov. Belcher to New Hamp-
shire Assembly.
New Hampshire objections to Massachu-
setts act.
Vol.
Page.
19
201
l9
202
4
J9
225
203
l9
203
l9
204
4
240
4
'9
l9
464
205
206
4
!9
!9
534
206
208
!9
l9
209
210
4
562
4
566, 567
4
564
i 4
568
19
211
l9
211
4
573
4
762
4
576
4
4
585
532
l9
213
19
215
4
589
4
590
BOUNDARY LINE PAPERS.
637
Date.
Description.
Vol.
Page.
1731, May 3.
Message, New Hampshire House to Gov.
Belcher.
4
S91
May 6.
New Hampshire vote and amendments.
J9
216
May 6.
Message, New Hampshire House to Coun-
cil.
l9
218
May 6.
Vote of New Hampshire Council about
subscriptions.
19
218
May 7.
New Hampshire committee appointed.
19
219
May 31.
Expenses of New Hampshire committee
on line.
18
42
June 3.
Massachusetts committee to agree with
New Hampshire on draft of bill.
l9
216
June 15, 21.
Letters from Elisha Cooke, of Massachu-
setts.
l9
220
July 1.
Proceedings of New Hampshire Council.
19
221
July 2.
New Hampshire vote in regard to com-
mittees.
l9
222
July 10.
Petition of New Hampshire Council to
Board of Trade.
l9
223-225
1731, July 12.
Letter, Richard Wibird and Henry Sher-
burne to Gov. Belcher.
4
866
July 18.
Letter, Gov. Belcher to Richard Waldron.
4
869
July 26.
Letter, Gov. Belcher to Richard Waldron.
4
870
Aug. 25.
Massachusetts committee appointed.
19
225
Sept. 15.
Message, Gov. Belcher to New Hampshire
Assembly.
4
601
Sept. 16.
Message, New Hampshire House to Gov.
Belcher.
4
602
Sept. 16.
New Hampshire committee appointed.
l9
229
Sept. 20.
Vote of New Hampshire Council.
19
229
Sept. 21.
Vote of New Hampshire House.
J9
230
Sept. 23.
Message, Gov. Belcher to New Hamp-
shire House.
4
607
Sept. 24.
Letter, Sec. Waldron to Sec. Willard.
18
44
Oct.
New Hampshire address to King.
4
613-615
Oct. 6.
Report of New Hampshire committee.
l9
231
Oct. 6, 7.
Proceedings of New Hampshire Council.
l9
232
Oct. 7.
Appointment of John Rindge New
Hampshire agent.
l9
233
Oct. 7.
List of documents to be sent to England.
4
613
Oct. 7.
Representation of New Hampshire Coun-
cil to Board of Trade.
4
610
Oct. 7.
Report of New Hampshire committee.
4
611
1732, May 5.
Message, Gov. Belcher to New Hamp-
shire Assembly.
4
615
1732, May 10.
Message, New Hampshire House to Gov.
Belcher.
4
617
1732/3 •
Petition, John Rindge to King.
l9
235-248 ;
Jan. 13.
Letter, Gov. Belcher to Board of Trade.
4
648 j
13
754 3
19
•DJ - iLs££fcl
633
PROVINCE OF NEW HAMPSHIRE.
Date.
Description.
|
Vol.
Page.
i732/3» March 7.
New Hampshire committee appointed.
18
48
March 7.
Message, New Hampshire House to Gov.
Belcher.
4
636
19
248
March 10.
New Hampshire vote to suspend lawsuits.
J9
249
1733, Aug. 14.
Letter, Theodore Atkinson to John
Thomlinson.
4
833
1734. ■
Letter, Theodore Atkinson to John
Thomlinson.
4
838-840
1733/4, Jan. 1.
Message, Gov. Belcher to New Hamp-
shire Assembly.
4
647
Jan. 11.
Message, New Hampshire House to Gov.
Belcher.
4
653-655
Feb. 12.
Letter, Francis Wilkes to Sec. Willard.
l9
249-251
Feb. 15.
Massachusetts submission to settlement
•
by commissioners.
l9
251
Feb. 15.
Petition of John Rindge to Board of
Trade.
l9
252
Feb. 28.
Letter, Theodore Atkinson to John
Thomlinson.
4
834-838
1734, April 16.
Massachusetts instructions to agent
Wilks.
J9
254
April 29.
Letters, Gov. Belcher to Sec. Waldron.
4
871
May 14.
Writ and judgment of Massachusetts
Superior Court in Carleton vs. Adams.
l9
370-373
Aug. 31.
Letter, Francis Wilks to Speaker of Mas-
sachusetts House.
l9
255
Dec. 10.
Letter, Theodore Atkinson to John Thom-
linson.
4
840-843
1735, March 29.
Letter, Francis Wilks to Speaker of Mas-
sachusetts House.
x9
255
May.
Letter, Theodore Atkinson to John Thom-
linson.
4
843-845
June 5.
Report of Board of Trade to Privy Coun-
cil on petition of John Rindge.
4
848-850
19
256-258
June 28.
Letter, Francis Wilks to Sec. Willard.
l9
258
Dec. 15.
Report of committee of Privy Council on
petition of John Rindge.
19
259-261
J735/6, Jan. 22.
Committee of Privy Council to nominate
commissioners.
l9
26l
Feb. 16.
Letter, Gov. Belcher to Sec. Waldron.
4
878
March 18.
Opinion of Attorney and Solicitor-Gener-
als about place of beginning line.
l9
369
1736, April 1.
Names of commissioners nominated.
18
62
l9
262
April 30.
New Hampshire committee to attend
commissioners.
l9
263
May 1.
Message, New Hampshire Council to
House.
4
706
BOUNDARY LINE PAPERS.
^39
Date.
Description.
Vol.
Page.
1736, May 19.
Letter, Francis Wilks to Sec. Willard.
19
263
July 23.
Instructions to Francis Wilks, agent for
Massachusetts.
I9
264
Aug. 19.
Letter, Francis Wilks to Sec. Willard.
J9
264
Aug. 23.
Letter, Gov. Belcher to Sec. Waldron.
4
878
Nov. 12.
Letter, John Thomlinson to Andrew Wig-
gin and John Rindge.
4
852
Nov. 12.
Letter, John Thomlinson to Theodore
Atkinson.
4
$53
Dec. 8.
Report of Board of Trade on Boundary
Line commission.
4
854-856
19
265-268
Dec. 18.
Petition of John Rindge to Privy Council.
4
856
1736/7,
Petition of Francis Wilks to Queen.
l9
269-272
Jan. 19.
Letter, John Thomlinson to Andrew Wig-
gin and John Rindge.
4
852
Jan. 19.
Petition of Francis Wilks to committee
of King's Council.
4
857-860
Jan. 20.
Letter, Ferd. John Paris to John Thom-
linson.
4
860
Feb. 4.
Letters, Ferd. John Paris to John Thom-
linson.
4
860, 861
Feb. 9.
Report, Committee of King's Council on
commission to settle boundary line.
r9
277-281
Feb. 9.
Order in Privy Council about terms of
commission.
19
368
Feb. 14.
Letter, Ferd. John Paris to John Thom-
linson.
4
861
Feb. 15.
Letter, John Thomlinson to Wiggin and
Rindge.
4
863
Feb. 15.
Letter, Ferd. John Paris, to John Thom-
linson.
4
861
Feb. 19.
Letter, Ferd. John Paris to John Thom-
linson.
4
863
Feb. 21.
Letter, Francis Wilks to Sec. Willard.
l9
268
March 16.
List of New Hampshire agents.
l9
272
1737, April 1.
New Hampshire committee to attend com-
missioners.
J9
273
April 9.
Commission of Boundary Line Commis-
sioners.
r9
274-276
July 5.
Massachusetts officers appointed to re-
ceive summons, etc.
l9
284
July 27.
Massachusetts committee to escort com-
missioners.
l9
276
July 27.
Letter, Sec. Willard to commissioners.
l9
285
Aug.-Oct.
Proceedings of Boundary Line Commis-
sioners.
l9
277-416
Aug. 1.
Letter, John Rindge to commissioners.
l9
277
Aug. 1.
New Hampshire officers appointed to re-
ceive summons, etc.
19
282
640
PROVINXE OF NEW HAMPSHIRE.
Date.
Description.
Vol.
Page.
1737, Aug. I.
Demands of New Hampshire.
19
283
Aug. 2.
Remonstrance of New Hampshire.
l9
286
Aug. 2.
Extension of time granted to Massachu-
setts.
l9
288
Aug. 5.
Appointment of Massachusetts agents.
l9
289
Aug. 10.
Demands of Massachusetts.
l9
290-292
Aug. 10.
Message, Gov. Belcher to New Hamp-
shire Assembly.
4
734
19
292
Aug. 11.
New Hampshire answer to Massachusetts
claim .
l9
293-299
Aug. 11.
Massachusetts answer to New Hampshire
claim .
19
299-3 1 1
Aug. 11.
Massachusetts promises compensation to
commissioners.
l9
312
Aug. 12.
Message, New Hampshire House to Gov.
Belcher.
4
735
Aug. 12.
Recommendation of commissioners for
an agreement on plan of rivers.
4
736
l9
3i4
Aug. 12.
Massachusetts memorial to commission-
ers.
19
313
Aug. 13.
Massachusetts letter and vote.
18
63
Aug. 13.
New Hampshire vote about plans.
19
3i4
Aug. 13.
Meeting of committee on plans.
l9
3i5
Aug. 17.
Report of New Hampshire committee on
plans.
4
740
Aug. 20.
Report of New Hampshire committee on
plans.
19
3i6
Aug. 20.
New Hampshire vote about plans.
19
316 b.
Aug. 23.
Deposition of Joseph Butterfield.
J9
3i7
Aug. 23.
Deposition of John Cummings.
19
3i7
Aug. 23.
Deposition of Benjamin Parker.
x9
3i3
Aug. 23.
Deposition of John Longley.
19
319
Aug. 23.
Deposition of Henry Farwell.
l9
319
Aug. 23.
Deposition of Isaac Bradley.
l9
319
Aug. 23.
New Hampshire interrogatories.
19
320
Aug. 23.
Names of New Hampshire witnesses.
l9
321
Aug. 23.
Testimony of Ephraim Marston.
19
321
Aug. 23.
Testimony of Paul Wentworth.
J9
322
Aug. 23.
Testimony of Jacob Brown.
l9
322
Aug. 23.
Testimony of Jonathan Philbrick.
l9
322
Aug. 23.
Testimony of Joseph Philbrick.
19
323
Aug. 23.
Testimony of Stephen Greenleaf.
19
323
Aug. 23.
Testimony of William Titcomb.
19
324
Aug. 23.
Testimony of Joseph Eaton.
19
325
Aug. 24.
New members of Massachusetts commit-
tee appointed.
19
325
Aug. 24.
Massachusetts petition about evidence.
19
326
Aug. 24.
Vote of Massachusetts legislature.
19
327
BOUNDARY LINE PAPERS.
64I
Date.
Description.
Vol.
Page.
1737, Aug. 25.
Recommendation of commissioners for
agreement on plans.
4
742
Aug. 25.
Vote of New Hampshire Assembly about
plans.
'9
332
Aug. 25.
Message, Gov. Belcher to New Hampshire
House.
4
743
Aug. 26.
New Hampshire protest against new
members of Massachusetts committee.
x9
327
Aug. 26.
New Hampshire protest against Massa-
chusetts evidence.
19
328
Aug. 26.
Massachusetts interrogatories.
l9
328
Aug. 26.
Testimony of Isaac Bradley.
J9
329
Aug. 26.
Testimony of Joseph Butterfield.
19
33o
Aug. 26.
Testimony of John Cummings.
l9
330
Aug. 26.
Testimony of Benjamin Parker.
l9
33i
Aug. 26.
Testimony of John Longley.
19
331
Aug. 26.
New Hampshire vote about plans.
19
333
Aug. 26.
New Hampshire protest against report
of Massachusetts committee.
l9
333
Aug. 27.
New Hampshire protest against Massa-
chusetts evidence.
l9
355
Aug. 27.
Letter, John Thomlinson to Theodore
Atkinson.
4
864
Aug. 29.
New Hampshire reply to Massachusetts
argument.
l9
378-382
Aug. 31.
Massachusetts reply to New Hampshire
argument.
l9
383-39a
Aug. 31.
Massachusetts protest against rejection
of certain evidence offered.
l9
39°
Sept. 2.
Decision of commissioners.
19
391
Sept. 6.
Massachusetts vote for an appeal.
l9
393
Sept. 15.
Letter, William Dudley to Sec. Wal-
dron.
l9
393
Sept. 29.
Letter on boundary line question.
J9
423
Oct. 14.
New Hampshire exception to judgment
of commissioners.
4
745
Oct. 14.
Massachusetts protest against New Hamp-
shire exceptions.
4
749
Oct. 14.
Expense account approved by New Hamp-
shire committee.
4
75i
Oct. 14.
New Hampshire vote of appeal.
19
399
Oct. 14.
Massachusetts appeal.
19
395-398
Oct. 14.
Massachusetts committee to present ap-
peal.
l9
398
Oct. 15.
New Hampshire vote about expenses.
19
394
Oct. 15.
Letter, John Thomlinson to Theodore
Atkinson.
4
865
Extracts from commissions of Govern-
ors of New Hampshire.
19
417-420
Expenses of commission.
19
421
44
642
PROVINCE OF NEW HAMPSHIRE.
Date.
Description.
Vol.
Page.
1737, Oct. 17.
Votes of New Hampshire Assembly.
!9
424
Oct. 19.
Massachusetts protest against New Hamp-
shire appeal.
!9
401
Oct. 19.
Massachusetts observations in addition to
printed case.
19
402-416
Oct. 19.
Letter of transmittal.
x9
416
Oct. 19.
Form of certificate to accompany case.
l9
416
Oct. 20.
Vote of New Hampshire House proposing
subscriptions.
l9
425
Oct. 20.
Vote of New Hampshire House about pay-
ment of expenses.
l9
426
Dec. 28.
Letter, Massachusetts to Samuel Holden.
l9
426
1737/8, Jan. 21.
Letter, John Thomlinson to Theodore At-
kinson.
18
I49-I5I
Petition from inhabitants of New Hamp-
shire to Board of Trade.
l9
427
Petition from New Hampshire House to
King against Gov. Belcher.
l9
428-431
Feb. 7.
Order on petition against Gov. Belcher.
l9
431
Feb. 9.
Petition of Jonathan Belcher against John
Rindge.
!9
432
Feb. 10.
Letter, Ferd. John Paris to John Thom-
linson.
18
I5I-I53
Feb. 10.
Letter, John Thomlinson to Theodore At-
kinson.
18
153
March 1.
Petition from Boundary Line Commission-
ers to Gov. Belcher.
l9
433
1738, May 16.
Letter, Theodore Atkinson to John Thom-
linson.
18
154-156
June 15.
Letter, Richard Partridge to Sec. Willard.
19
434
June 17.
Letter, Samuel Holden to Sec. Willard.
l9
435
July 6.
Letter, Massachusetts agents to Sec. Wil-
lard.
l9
436
July 14.
Letter, John Thomlinson to Theodore At-
kinson.
18
156
Sept. 1.
Letter, John Thomlinson to Theodore At-
kinson.
18
157
Sept. i.
Letter, Sec. Willard to Massachusetts
agents.
19
437
Sept. 15.
Fragment, in defense of New Hampshire
Council.
!9
437
Sept. 18.
Letter, Agent Wilks to Sec. Willard.
l9
438
Oct. 14.
Letter, Agent Wilks to Sec. Willard.
19
439
Oct. 17.
Letter, Francis Wilks to Speaker of the
Massachusetts House.
l9
440
Petition of appeal, John Thomlinson to
King.
18
64-73
Answer to above petition.
18
73-76
Nov. 2.
Message, Gov. Belcher to New Hampshire
Assembly.
5
2
BOUNDARY LINE PAPERS.
643
Date.
Description.
Vol.
Page.
1738, Nov. 3.
Message, New Hampshire House to Gov.
Belcher.
5
3
Petition of Massachusetts agents to King.
l9
440-448
Nov. 3.
Letter, Massachusetts agents to Secretary
Willard.
19
448
Dec. 9.
Order granting New Hampshire access to
Massachusetts records.
l9
450
Dec. 22.
Letter, Massachusetts General Court to
Samuel Holden.
19
450-452
Dec. 23.
Letter, Secretary Willard to Massachusetts
agents.
19
452
Dec. 23.
Report of Massachusetts committee on pe-
tition of John Thomlinson.
J9
452-457
J739'
Names of persons petitioning to be an-
nexed to Massachusetts.
9
349
Petition of John Thomlinson to King
against Gov. Belcher.
5
921-925
i738/9» Jan. 12.
Message, Gov. Belcher to New Hampshire
Assembly.
J9
457
Jan. 25.
Letter, Massachusetts House to agents.
J9
458
• Feb. 8.
Letter, John Thomlinson to Theodore At-
kinson.
18
158
Feb. 9.
Letter, Massachusetts agents to Secretary
Willard.
l9
459
Feb. 23.
Letter, John Thomlinson to Theodore At-
kinson.
18
159
March 2.
Letter, Massachusetts agents to Secretary
Willard.
19
460
1739, April 6.
Letter, Agent Wilks to Secretary Willard.
19
461
April 26.
Letter to Agent Wilks.
J9
461-464
April 26.
Letter, William Dudley to Secretary Wal-
dron.
l9
464
June 29.
Massachusetts committee to interview John
Tufton Mason.
19
465
Aug. 10.
Letter, Massachusetts agents to Secretary
Willard.
J9
466
Oct. 1.
Letter, Richard Partridge to Secretary
Willard.
l9
467
1740,
Petition for separation of -^sTew Hampshire
from Massachusetts.
19
471-474
New Hampshire petition to King.
5
919
1739/40,
New Hampshire petition to King.
5
9*5
Feb. 5.
Reappointment of John Thomlinson as
New Hampshire agent.
*9
468
Feb. 15.
Message, New Hampshire House to Gov.
Belcher.
5
18
March 20.
Letter, Massachusetts agents to Secretary
Willard.
19
468-470
March 21.
Letter, Francis Wilks to Secretary Willard.
l9
47o
1740, April 4.
Letter, John Thomlinson to Theodore At-
kinson.
18
160
644
PROVINCE OF NEW HAMPSHIRE.
Date.
Description.
Vol.
Page.
1740, May 8.
Letter, Francis Wilks to Secretary Willard.
l9
474
June 23.
Letter, John Thomlinson to Theodore At-
kinson.
18
161-163
Aug. 4.
Letter, Theodore Atkinson to John Thom-
linson.
18
163
Sept. 6.
Massachusetts vote of money to buy peti-
tions.
l9
475
King's decision on boundary line contro-
versy.
l9
476-479
Sept. 20.
Letter, John Thomlinson to Theodore At-
kinson.
18
164
Nov. 26.
Letter, Theodore Atkinson to John Thom-
linson.
18
165
1740, Dec. 19.
Report of Lords of Trade favoring sepa-
rate Governor for New Hampshire.
18
115
Dec. 20.
Letter, Theodore Atkinson to John Thom-
linson.
18
166-168
1741, about.
Report of committee on southern bounds
of New Hampshire border towns.
18
129
1740/1, Jan. 7.
Message, Massachusetts House to Gov.
Belcher.
l9
479
Feb. 6.
Letter, John Thomlinson to Theodore At-
kinson.
18
168
Feb. 27.
Message, Gov. Belcher to New Hampshire
Assembly.
18
117
March 3.
Message, New Hampshire House to Gov.
Belcher.
5
75
March 4.
Messages, Gov. Belcher to New Hampshire
House.
5
77, 78
March 4.
Message, Gov. Belcher to Massachusetts
Assembly.
l9
480
March 5.
Message, New Hampshire House to Gov.
Belcher.
5
7^
March 6.
Message, Gov. Belcher to New Hampshire
House.
5
80
March 6.
New Hampshire appropriation for settling
line.
l9
480
March II.
Expense accounts against New Hampshire.
18
121
l9
48 r-484
March 12.
Appointment of Walter Bryent, surveyor.
l9
5°5
March 12.
Bryent and assistants sworn.
l9
506
March 12.
Bryent's agreement.
J9
507
March 19-27.
Bryent's journal.
l9
507-510
March 13.
Message, New Hampshire House "to Gov.
Belcher.
5
76
March 16.
Appointment of George Mitchell, surveyor.
l9
484
March.
Description of line run by Mitchell.
l9
485-487
March 17.
Appointment of Richard Hazzen, surveyor.
l9
487
1 74 1, March 20 to
Journal of Richard Hazzen, with introduc-
April 6.
tion by Rev. Henry A. Hazen.
19
488-402
BOUNDARY LINE PAPERS.
645
Date.
Description.
Vol.
Page.
1741, April,
Description of line run by Hazzen.
J9
503-505
Petitions of Thomas Hutchinson and town
of Haverhill to King.
l9
510-516
April 9.
Order of committee of Privy Council on
Hutchinson's petition.
J9
517
May.
Bills of expenses against New Hampshire.
19
517-519
May 6.
Letter, Gov. Belcher to Board of Trade.
18
123
19
519
May 7.
Letter, Gov. Belcher to Board of Trade.
18
124
l9
520
May 9.
Letter, John Thomlinson to Theodore At-
kinson.
5
929
May 25.
Letter, Gov. Belcher to Richard Hazzen.
*9
522
May 31.
Account of Ferd. John Paris against New
Hampshire.
19
521
May 31.
Letter, Theodore Atkinson to John Thom-
linson.
18
171
June 1.
Draft of proclamation by Gov. Belcher.
l9
523
Draft of proclamation to quiet disturbances
on boundary line.
19
525
Report of Massachusetts committee on pe-
tition of John Varnum.
x9
525
July 13.
Letter, John Thomlinson to Theodore At-
kinson.
18
*73
July 14.
Letter, John Thomlinson to Theodore At-
kinson.
5
925-929
July 31.
Letter, Thomas Hutchinson to Sec. Wil-
lard.
19
523-525
Aug. 31.
Letter, Gov. Belcher to Board of Trade.
18
126
1741/2, Jan. 14.
Message, Gov. Wentworth to New Hamp-
shire Assembly.
5
135-137
Jan. 20.
Message, New Hampshire House to Gov.
Wentworth.
5
138-140
Jan. 21.
New Hampshire vote to audit accounts.
l9
526
Feb. 18.
George Mitchell's accounts.
19
526-528
Feb. 18.
Cyprian JefTry's account.
19
529
March 6.
Letter, Gov. Wentworth to Board of Trade.
18
135
1742, March 27.
New Hampshire Committee to settle with
Massachusetts.
J9
530
May 25.
Letter, Gov. Wentworth to Board of Trade.
18
I39-J4I
June 26.
Report of New Hampshire committee on
new territory acquired from Massachu-
setts.
l9
531-533
Dec. 2.
Address of New Hampshire Assembly to
King.
5
180
Dec. 8.
Letter, Gov. Wentworth to Board of Trade.
18
142-146
1742/3, Jan. 31.
Gov. Wentworth's order about ministers'
salaries.
l9
533
1743/4, Jan. 23.
Letter, Gov. Wentworth to Board of Trade.
18
196-201
646
PROVINCE OF NEW HAMPSHIRE.
Date.
Description.
Vol.
Page.
1746, May 28.
Action of King and Council on Hutchin-
son's petition.
19
534-536
1750/ 1, March 23.
Gov. Wentworth's account of New Hamp-
shire to Board of Trade.
18
390-400
1752,
Petition of Daniel Rindge to Gov. Went-
worth for repayment of money advanced
by John Rindge.
18
415
Report of Attorney and Solicitor Generals
about lands forfeited.
l9
536-538
,
Proposals concerning Massachusetts grants
of New Hampshire territory.
19
539
1764, July 20.
New Hampshire western boundary estab-
lished.
19
540
1768, Dec. 4.
Memoranda of dates and events.
BOUNDARY LINE CASE.
Case of New Hampshire against Gov.
J9
421
Belcher.
l9
54I-55I
Gov. Belcher's answer to complaint from
New Hampshire House.
19
552-564
Report of committee of Privy Council on
the foregoing.
l9
55i
Case of New Hampshire on appeal from
decision of commissioners.
l9
565-600
Case of Massachusetts on cross appeals
from decision of commissioners.
l9
601-628.
Decision of Privy Council on above case.
19
600
PROCEEDINGS
PRESIDENT AND COUNCIL
PROVINCE OF NEW HAMPSHIRE
January i, 1679, O- S-> to December 22, 1680; July 6, 1681,
to September 8, 1681 ; November 22, 1681, to August 21,
1682; October 4 to October 14, 1682.
Taken from Manuscripts in Possession of the Massachusetts Histori-
cal Society and in the English Archives.
NOTE.
The early records of the President and Council of New Hampshire, as given fol-
lowing, cover a period of nearly three years, including the administrations of John
Cutt and Richard Waldron, the first two Presidents of the province. These records
are in two parts, and are obtained from far different sources. The first division,
consisting of the records from January i, 1679, O. S., to December 22, 1680, cov-
ers nearly the entire administration of John Cutt, of Portsmouth, New Hampshire's
first provincial President. John Cutt was advanced in years when he received his
royal appointment; and although the population of the province was at that time
very small, consisting of the inhabitants of only four towns, he did not long survive
the cares of the organization and administration of even so small a government.
He died March 27, 1681.
In regard to the spelling of the name, Cutt or Cutts, a short sketch of President
Cutt in Vol. III., Farmer and Moore's Historical Collections, says, "When Major
Cutt, a descendant, was at the siege of Louisbourg, he met with an English officer
by the name of Cutts. Upon becoming acquainted they found themselves related,
having sprung from the same family originally. After this, Major Cutt added an
s to his name, which was also done by all his relatives in Portsmouth."
The manuscript from which the copy of this division was taken is in the posses-
sion of the Massachusetts Historical Society, to which we are indebted for the priv-
ilege of its use. It is printed in Vol. XVI. of the collections of that society, to-
gether with an introductory sketch by Mr. Charles Deane, to whom we owe the
discovery of the manuscript, and, by courtesy of the society, we are enabled to
reprint Mr. Deane's sketch of the discovery and probable history of this valuable
document. In the publication of these records in the Proceedings of the Massa-
chusetts Historical Society, Mr. Deane made the spelling, capitalization, and punc-
tuation conform to modern usage, and all abbreviations, except those occurring in
names of persons, were spelled out. While this method makes the meaning clearer,
and the subject more intelligible to the ordinary reader, it does not convey an accu-
rate idea of the original to the student of history, or to a man in any degree familiar
with ancient manuscripts. The copy here presented was taken from the original
manuscript, and, as has been our custom in the publication of ancient documents,
every particular of the original has been reproduced in print so far as type will
allow .
The second division of these records consists of three sections, the first covering
the period from July 6, 1681, to September 8, 1681 ; the second, November 22,
65O PROVINCE OF NEW HAMPSHIRE.
1681, to August 21, 1682 ; and the third, October 4 to October 14, 1682. Thus we
have a gap of six months between the two divisions. It would appear from the
style of the records that the spaces of time between these three sections were caused
by adjournments of the Council, although no definite act of adjournment is recorded;
and this appears the more probable from the fact that the first and second sections
are signed by the President and the members of his Council, as constituting a jour-
nal of their proceedings for a completed period of time.
On the death of President Cutt, about four months before the beginning of this
division of the records, he was succeeded in the government by his deputy, Richard
Waldron. President Waldron appointed the former Secretary, Elias Stileman, his
deputy, and presided over the affairs of the province until the arrival of Edward
Cranfield, October 4, 1682, who brought with him a commission from Charles II.
dated May 9 of that year, appointing him " Lieutenant Governor and Commander in
Chief of the province of New Hampshire.'1 Mr. Deane, in his note herewith printed,
makes mention of the differences in the personnel of the Council, caused by death
and change of administration.
We believe that the existence of this division of the records of the President and
Council was not known in this state or in this country until the discovery was made
by this department about a year ago, through the medium of the calendar of New
Hampshire papers in the English Archives, prepared for the New Hampshire His-
torical Society. We immediately obtained copies of them through Mr. B. F.
Stevens, of London, and they are here, for the first time, presented to the public.
They are of great historical value, being of date so near the beginning of the ad-
ministration of a separate government in this then province, and connecting so
closely with the records of John Cutt obtained from the Massachusetts Historical
Society. Previous to the discovery of these documents, the state had no record
of the proceedings of the government of the province earlier than August, 1692
(2 Bouton's Province Papers, N. H., 70), and it now seems hardly probable that
the chasm of ten years, still left, will ever be filled except by the possible finding
of some records among private papers.
Editor.
COMMUNICATION
CHARLES DEANE TO THE MASSACHUSETTS HISTORICAL
SOCIETY
Respecting the Records of the President and Council of
New Hampshire for 1679-1680. Taken from Proceedings
of the Massachusetts Historical Society, Vol. 16, page 256.
The jurisdiction of Massachusetts was extended over the New
Hampshire settlements in 1643, in which year, in September, Exeter
was admitted to the terms of the union, to which Portsmouth and
Dover had subscribed on the 14th of June in the preceding year.
Hampton was claimed from the first to belong to the territory and
jurisdiction of Massachusetts.* This jurisdiction over the New
Hampshire towns continued till 1679-80. Covering this period there
are no records except what are connected with, and contained in, the
Records of the Massachusetts Colony.
When it had been decided in England that neither Massachusetts
nor Robert Mason had a right to rule New Hampshire, it became
necessary to provide some other government for the four towns which
still constituted the whole inhabited part of that territory. The
King, in Council, accordingly instituted such an authority. New
Hampshire was created a Royal Province. John Cutts (or Cutt) of
Portsmouth, a respected merchant, now far advanced in life, was
made President of it, with power to appoint a Deputy. Six persons
were designated to compose his Council, with three others chosen by
them. The Governor and Council were to be a judicial court, subject
to an appeal to the King in Council, in cases involving a value of
more than fifty pounds. They were authorized to appoint military
*See Mass. Coll. Rec. Vol. I. p. 324, Vol. II. p. 43 ; Provincial Papers of New Hampshire, Vol. I. p. 146;
Farmer's Belknap, pp. 31, 32.
652 PROVINCE OF NEW HAMPSHIRE.
officers, and, with the concurrence of an assembly, to assess taxes-
The assembly, to consist of Deputies of the towns, was to constitute
a part of the government so long as the King should not see fit to
order otherwise. Enactments were to be immediately transmitted to
the Privy Council, and were to remain in force until disallowed by
that authority. Liberty of conscience was to be maintained. It was
ordered that a seal should be transmitted to the Province, with a por-
trait of the King and the royal arms, to be set up at the seat of gov-
ernment.*
The commission was brought to Portsmouth on the first of January,
1679-80, by Edward Randolph, than whom, says Belknap, there could
not be a more unwelcome messenger; f and its contents were made
known to the persons named in it as magistrates. They were, be-
sides the President, Richard Martyn, William Vaughan and Thomas
Daniel, of Portsmouth ; John Gilman, of Exeter ; Christopher Hus-
sey, of Hampton ; and Richard Waldron, of Dover. "All of them
were well affected to Massachusetts, and no one was ambitious of the
position to which he was raised. They accepted the trust simply
from a conviction that, if declined by them, it would fall into hands
that would deal less justly with the rights and interests of their neigh-
bors. They took the oaths of office, and elected for their associates
Elias Stileman, of Portsmouth ; Samuel Dalton, of Hampton ; and
Job Clements of Dover. They appointed Richard Martyn to be
Treasurer, Elias Stileman to be Secretary, and John Roberts to be
Marshal ; and the President designated Richard Waldron as his Dep-
uty. They issued writs convening an Assembly, to consist of two
deputies from Exeter, and three from each of the other towns, and
appointed a Fast-Day to pray for the continuance of their precious
and pleasant things." £
Of the new government thus instituted, the paper which I now lay
before the Society is the earliest record, — that is to say, it is the
record of the Governor and Council, from January 1, 1679-80, to De-
cember 16, 1680, a period of one year, — and it has never been
printed.
The manuscript consists of twenty-three folio pages, closely writ-
ten, and is in the well-known hand of Elias Stileman, the secretary
of the Province and clerk of the Council ; that is, from the establish-
ment of the new government till he was superseded by Richard
Chamberlain, — a period of one year. It is in excellent preservation.
* See Farmer's Belknap, pp. 88, 89; Palfrey's Hist, of New England, Vol. III. pp. 402, 403, whose excel-
lent summary of Belknap, and of the Commission to Cutts, I here follow, in his own language.
t Farmer's Belknap, pp. 90, 91. The Commission is in "Provincial Papers of New Hampshire," Vol. 1, pp.
373-382. It passed the seals on the 18th of September, 1679.
$ Palfrey's New England, Vol. III. pp. 403, 404, and the authorities cited by him. For brief notices of
President Cutts and the members of his Council, see N. H. Hist. Soc Coll., Vol. VIII. pp. 305-352.
PRESIDENT AND COUNCIL. 653,
There is one blank leaf at the beginning, and three at the end ; and
one leaf, probably a blank one, has apparently been torn out immedi-
ately following the last leaf of manuscript. The whole is enclosed
in a paper cover, made from part of an ancient Dutch map, the face
turned inward. On the outside of the cover is written, probably in
the Secretary's hand, " The Govermt Setled wth a Presedent and Coun-
sell," followed by the modern inscription already referred to. The
sheets and cover are firmly stitched together.
It might naturally be inferred that this manuscript belonged to the
archives of the Provincial Government of New Hampshire, if such a
deficiency exists in their public records.* The following extract from
a letter of Richard Chamberlain, the successor of Mr. Stileman in
the office of secretary and clerk, may throw some light upon this
point. It is written from New. Hampshire to the Lords of the Coun-
cil of Charles II., under the date of May 16, 1681 : —
In obedience to your Lordships1 commands, by your letter of the first of October
last, requiring me to give your Lordships an account of all matters transacted in the
office of Secretary (and clerk of the Council) of this Province of New Hampshire, I
humbly present to your Lordships this following narrative : —
Upon the twenty-fourth of December [1680] I arrived at Portsmouth, at the
house of John Cutt, Esq., then President, since lately deceased, unto whom I de-
livered your Lordship's letter of September 30, 1680; and showed him his Majes-
ty's Commission, whereby I was appointed Secretary for the Province and Clerk of
the Council.
Upon the 28th December the Council met, where the said Commission and your
Lordships1 letter were publicly read. It was debated about three days whether they
should admit me or not ; but at length, upon the 30th of the said month, I was ad-
mitted. According to the duty of my place and office, I did desire the books and
papers of the Council's proceedings to be delivered to me, which were in the hands
of Mr. Stileman, one of the Council. For the Council book, it was denied me,
upon pretence that there was not any. Then desiring one to be made, I was told
the country was poor, etc. ; but afterwards, at their meeting in March, I had a waste-
book of the CounciPs Acts and Orders delivered me, to transcribe and keep ; the
fairer book, then brought, being to remain in the hands still of Mr. Stileman. For
the records and papers recorded as "on file,11 he retains them too, as an officer
called Recorder ; and is besides Clerk of the Writs, besides Captain of the Fort, as
appears in the general account to your Lordships. For, to make my commission
insignificant, they have appointed three among themselves to be parcel Secretaries
or Registers of the Province, &c.f
*From a note in Farmer's Belknap, p. 459, published in 1831, and from the contents and notes of the eighth
volume of '* New Hampshire Historical Collections," and the first volume of " Provincial Papers," both ed-
ited by the late Dr. Bouton, I should infer that the original manuscript records (like such as now form the
subject of this communication) of the Provincial Government of New Hampshire, from its institution in 1679--
80 to the administration of Barefoot inclusive, were not now known to be in existence. What are published
in the two books last named are probably papers from " the files " which never formed any part of the Rec-
ords, and such fragmentary papers as were originally copied from the Records, and now lie scattered in several
depositories in the State. Of course there were no records kept in New Hampshire under the general govern-
ments of Dudley and Andros.
fjenness's Transcripts of Original Documents relating to New Hampshire : New York, 1876, pp. 93, 94.
This letter as recorded or originally published, is so badly punctuated in many places that its meaning is ob-
scured. In the above extract, I have endeavored to punctuate it according to the meaning of the writer.
654 PROVINCE OF NEW HAMPSHIRE.
It appears by this narrative of Chamberlain that the rough minutes
(or " waste-book ") of Stileman were delivered to him to "transcribe
and keep"; while the "fairer book" exhibited to him was still to
remain in the hands of Mr. Stileman by virtue, as was claimed, of his
office of "Recorder and Clerk of the Writs," etc. Our copy of this
manuscript therefore is, without doubt, Stileman's "fairer book,"
transcribed by him from the original minutes which he kept during
the meetings of the Council, as is the custom with such clerical offi-
cers, and retained by him in his personal possession after he was
superseded in his office by Chamberlain, between whom and the
members of the old Council there was no very friendly feeling.
From whom did the Historical Society receive this manuscript?
We should naturally seek to trace its previous possession to Dr.
Belknap, who, in his History of New Hampshire, cites the "Council
Records," from the earliest session of that body "in the handwriting
of Elias Stileman, Secretary," * down to near the close of Cranfield's
administration ; and whose papers have found their way, some as well
before as since his death, to the archives of the Society. I find no
record of its having been presented by name, but in the early history
of the Society large masses of manuscripts were sometimes given,
with no indication as to their character or contents. The manuscript
was deposited in Cabinet No. 41 of the Society with a mass of an-
cient papers, not very well arranged for consultation, though they
were principally catalogued some twenty years ago on slips of paper
preparatory to printing in a volume. A printed or even a complete
manuscript catalogue of the Society's papers is yet a desideratum.
My eye fell upon this relic while searching for materials to illustrate
the early proceedings of the Society now passing through the press.
I cannot but think that these records contain several details, only
briefly summarized by Dr. Belknap, relating to the provincial history
of New Hampshire, to be found nowhere else ; and it appears to me
that we should be doing a friendly service by publishing the manu-
script for the use of our historical friends in that State which for so
long a period formed a part of Massachusetts. I therefore recom-
mend that it be printed in the Proceedings of the Society.
* See Farmer's Belknap, pp. ix. 109, no.
RECORDS
OF THE
PRESIDENT AND COUNCIL.
1679-1682.
Portsm0 in the province of N-Hampshire Janua. primo 1679
This day by the hands of Edw : Randolph esqr wee his Majtes
president & Council for the prov. of N — Hampshire received his
Majties Commiss'on of grace & favor for the Gov'm* of said province
together wch a seale & Letter from ye Kings Majtie & his honbl privi
Councel./
January ye 14th 1679
The president & Council menc'oned in his Majties commisson as-
sembled at ye presidents house in portsm0 & then & yr distinctly read
his Majties sd Commisson as directed./
January ye 21th 1679
His Majties Commissonrs Nomynated in said Commiss'on tooke yr
respective oathes as menc'oned in sd Commiss'on./
January 22d 1679
This day the Inhabitants of the province of N-Hampshire having
had seasonable Notice did convene in portsm0 & in publick before ye
Assembly his Majties Commiss'on was Read unto them & proclama-
c'on made of his Majties receiving them into his gracious favour &
^tection wch was received wth Gr* acclamation & fireing of Guns in
severall parts of sd Towne of portsm0./
This day also the president made choice of Richard Waldron esqr
for his Deputy to ye great satisfacc'on of ye Council, also was added
to ye said Council mr Elias Stileman mr Sam.- Dalton & mr Job
656 PROVINCE OF NEW HAMPSHIRE.
Clements, the said Stileman & Dalton tooke ye respective oathes of
alleigiance & Supremacie & to theire place & office./
The president & council agreed upon & ordr for a proclamac'on to
be sent forth to all ye Townes wthin this province to order all officers
to keepe theire respective places until they take further ordr wch is as
ffoloweth./
To All his majties good Subjects the Inhabitants of portsm0 Hamp-
ton Dover & Exceter in his Majties province of N-Hampshire in New-
England r$ ordr of the president & Council assembled at portsm0
this 22cI of January 1679/80 & in ye 31 yeare of his Majties Reigne
Bee It Knowne unto you & ev1^ one of you that ye president &
Council doe ordr & declaire in his majLies Name That all Commissonrs
constables : mrshalls Grand Jury men & all other Officers Civil &
Millitary doe keepe theire respective places & attend the duty and
concernes of the trust to them alreadie committed untill further
order be taken by his majties Gov^1 now here established. And if
any trespass be done to any Towne or person in theire Libties or pro-
prieties the Select men and officers shall take effectuall care to sup-
press & restreine ye same according to yr severall places & offices, &
if any person have allreadie presumed to doe any trespass upon any
Towne person or peculier, they are alike Reqrd to forbeare as they will
answr the contrary at yr ^ill
God Save the King
The original Coppie put on file/
At a meeting of the president & Council ye 4th ffebr 1679
prsent
The prsident Ll Vaughan
Dep* presiden Cap1 Dainel
mr Ric : Martyn E : Stileman secta
Agreeed that a warr1 be drawen up & sent to every of the Select
men wthin thefoure Townes to take a List of the Names & estates of
theire respective Inhabitants according to theire Usuall manner of
making Single Country rates S^send in to the Council by ye 16th In-
stant, coppie of the warr1 folio.
To the Select men of Dover. &c.
In his Majlios Name
you are req' forthwith to take a list of the Names of yor Inhab-
itants together wth yc vallue of theire Estates after the manner as you
have been wont to doe for ye making of a Single Country rate & de-
liver the same to one of the Council wth you, in season to be brought
PRESIDENT AND COUNCIL. 65/
in to ye president & council for New-Hampshire at theire sitting on
the 1 6° day of this Instant ffebr : ~~ in portsm0 hereof you are not to.
faile
f Ordr of the Council E : S Secrt. "
dat : in portsm0 ye 4th ffebru :~~ 1679
John Baker & phillip Duley being brought before ye Council, the
sd Baker for Slocking away sd Duley who had hired himselfe with Mr
John Cutt Sometime before to be as a seaman in his ship Undr a.
pretence of an Indentu1" sd Baker exhibited before ye Council which
Indent1" was antidated severall dayes before his first agreem* wth said
mr Cutt as by his owne confession and ye testimony of John Bar-
sham & Robert Williams, on purpose to deceive, as alsoe for his con-
temtuous carriage before ye Council together wth his threetinng
of them that he had not Justice he would try his case In England./
Sentence him to be committed, & forthwith sent to prison & to In-
dure a mos Imprisonm* wthout baile, or to redeeme the same by pay-
ing a fine of 50 shill in money & all Costs & to be ffed with bread &
water, prissonrs faire./
And sd phillip Duly for telling of Severall Lyes in ye face of ye
Council thereaboutes, & making of contracts first to one & then to
another before he had ^formed the first engagem* Sentence him to
be forthwith whipped to ye Numbr of ten Stripes on ye bare back :,
which accordingly was ^formed./
George Harrisson being Complained of by ye Selectmen of ports-
m° for that he had bought a serv* woman Viz1 Hester Ward out of
Cap1 Woodlands ship & Left her upon ye Towne of portsm0 to be at
charge to maintaine her. — made this Answr y* he had sold her to
Zack : Trickie but it not appearing — The Council ordrs that ye sd
Harrisson take care of her, & secure ye sd Towne from being at
charge, & Right him selfe in a course of Law Upon sd Trickie./
The Virdict of ye Jury of Inquest concerning ye untimely death of
Mathew Quire brought in & put on file of ye councill Records.
portsm0 ye 16: of ffebr:- 1679
At a meeting of ye Council ye prsident & Depte prsident prsent
Job Clements esqr being Chosen one of ye Council for ye filling up
theire Number, tooke ye oath of alleigiance Supremacie & oath of his
office
The Council being informed of ye Great Neglect of ye present
Constables and Sundry other ye Constabls in the severall Townes
within this province in gathering there respective summes committed
to ym for ye discharge of ye warr, & satisfiing the Townes & Counties
45
658 PROVINCE OF NEW HAMPSHIRE.
engagem18 to their ministers & other disburstmts for ye Townes Use,
doc order & enjoyne all & every Such constable & Constabi's in each
towne that are behinde upon yr utmost ^ill that by ye 13th of march
Next they see & gather in the same & cleare up all yr accots wth ye
several! Tress1'5 & Select men that they were & have been directed
by Warr* in yc prmisses to doe & make it so to appeare before those of
the Council in each Towne where such are behind, as beforesd on
paine of themselves & estates being distreined on for ye Satis-
facc'on yrof & further if ye Constables cannot find estates, they are to
distreine on ye ^sons of such & ym to carry before those of ye Coun-
cil in yr respective Townes to be ordered to worke ye same out, or
otherwise according to their discretions, The Council also doth de-
claire, that if any ^son or ^sons shall thinke themselves aggreeved
referring to ye warr rate, after y* they have paid ye same, that such
Just complats shall have a hearing by them, & if it appeares to them
that any person is Injured by over rateing or otherwise respecting to
y* concerne they will cause restitution to be made to him or them so
greeved allwayes provided yl if it shall appeare to them y4 his or theire
Complaint be found Unjust he or they shall pay the Charge./
To the Constables of &cr
you are reqr in his Majties Name forthwith to acquaint yor present
Select men wth this ordr of ye Council whereby you may receive fro-
them Instruction & direction who of yor fformer Constables are be-
hind in yr rates that by you they may be advised to attend ye ordr
as above faile not hereof at yor ^ill
An act made for the Calling of A Gen : Assembly :
Wee the president & Council of his majties province of N-Hamp-
shire being reqld by or commiss'on to call a Gen Assembly of ye said
province and it being left to us to Judge & detirmyn wl persons shall
chuse yr deputies for the sd Assembly — Doe hereby ordr & declaire
in his Majties Name that the ^sons hereafter named in the severall
Townes shall meet together on ye first day of march nex by 9 of the
Clock in ye morning & having first each of ym taken ye oath of allei-
giance (if they have not taken it Allready) wch oath is to be Adminis-
tred by the member or members of the sd Council there resideing)
chuse from among themselves by ye major Vote given in in writing
not exceeding the Number of three persons wch persons so chosen,
are to appeare at portsm0 on ye 16th day of march following by 9 a
clock there to attend his majtes service for ye concernes of the said
province of N-I Iampshire, provided, that wee do not intend that w*
is now done be presidential! for ye future, & that it shall exteend Noe
PRESIDENT AND COUNCIL.
659
farther then to ye calling this first Assembly that they being con-
ven'd may as his majties Letters pattents direct make such Laws &
constituc'ons in this & other respects as may best conduce to ye
weale of ye whole, And wee doe further ordr y* the Constable or Con-
stables in ye severall Towns shall publish this writt, & warne all the
persons concerned, to attend theire duties as is above expressed, &
make a true Returne Undr yr hands of ye Names of ye persons soe
chosen, further it is ordered by this Council y* no man shall Vote for
deputies but such as are menc'oned in this List upon penalty of pay-
ing a fine of five pound, & yt no man put in but one vote for one
man, & y* they doe not cut quite through the names they write in
theire papers, Also y* those of ye Councill in portsm0 Dover Hamp-
ton & Exceter see the respective meetings in the severall Townes
where they Live Regulated in all ye prmisses according to ye Councils
true intent therein / ye List of Names : follows.
portsm0 Jn° Cutt : prsident1
Ric : Martyn
Wm Vaughan )■ esqrs
Thomas Dainel
E : Stileman J
Sam : Whidon
Jn° Whidon
Ric : Shortridge
John ffletcher
Reu : Hull
Sam Keaise
Obadi : Morss
Jn° Ship way
Jn° Hunking
Jos : Walker
Jn° Sherburn senr
phil : Lewis
Sam : Haines senr not ap
Leond weekes
Geo : Jaffray - not appeard
Jn° Clarke not appeard
James Leech
Rob* Elliot
James Rendle
An0 Bracket
mr Jos : Moodey
John pickerin
Tho : Jackson
Geo : Bromhall
petr Glanfields
Wm Cotten
MarkeHunking not appeared
John Dennet
John Partridge
Jn° Seaward
Tho : Harvey
Jn° Tucker
Jn° Cotten
Hen Beck not appd
Ric : Sloper
Jn° Brewster
Mathi : Haines not ap
waltr Neale
Jn° ffoss
Sam- wentworth
Tho : parker
An0 Ellens
Jn° Jackson not appeared
Hen : Savidge not appeard
Ric : Jackson
John ffabes
Wm Ham
Geo : Lauers
Wra Hearle
Jn° Moses
Tob : Leare not appd
Jn° westbrooke
Jn° Johnson
Sam- Haines Junr
Nath : Fryer
Jn° Lewis —
wra Lux
Jn° ffabes senr - not appeard Jn° Hinckes
Hen : Sherburne Geo : Wallis
Nath : Drake Jn° Odiorne
Wm Seavey Senr Tho : Seavey
Rob* Purrington
mr Seaborne Cotten
Nath : Boulter senr
Jn° Clefford Junr
Tho : Dearborne
Gersha :- Elkins
Hampton
Nath : Batchelour
Moses Cox
Hen : Dowe
Hen : Dearborne
Wm ffuller
Jn° Browne Sen1'
Jn° Clifford Senr
Godfry Dearborne
Abr~ Drake Senr
Wm ffifeild sen1-
66o
PKOVIN'CE OF NEW HAMPSHIRE.
Benj : ffifeild
Edw : (love
In" Knowles senr
Jins : Moore
In' Moulton
Abra" perkins
Tho: ffilbrooke
Jn° Sanburne
\V" Sanbura Senr
Rob* Smith
Tho: Sleeper
An0 Taylour
Tho : Wiggins not appd
Tho : webster
mr Sam : Dudley
Moses Oilman senr
Rob1 Smart Senr
Hump : Wilson
Edw : Smith
Daniel Oilman
Cap1 Tippin
Major Ric : Waldron
Job : Clements
X Hump : Varney
Tho : whitehouse
Tho. Roberts
Jn° Tuttle
Tho : Chesley
Jn° floss
Jn° Ham
L* petr Coffin
\\"' I lorne
fn° Gerrish
Jos: Hall
wm fFurber senr
)\V Woodman
James 1 [uggins
In1 Bickford senr
John Rand
( Ii.uies Adams
X James Hunker
Hen : Greene
Morrice Hobbs
Tho : Lovet
Wm Marston
Jn° Marian
Isaac perkins not apd
Hen : Robey
Isa :_ Marston
Sam" Sherburne
Jn° Smith - Coopr
Josh : Shaw
Dan "Tilton
Nath : Wyer
Jos : Smith
Exceter
Jn° Gilman esqr
Jonatha~ Robenson
Kinsman Hall
Edw : Gilman
Ric : Scamon
Jonath : Thing
Edw : Hilton
Dover
escirs mr Pike
esq Jn° Hall senr
X James Nute Senr
Jn° Hall Junr
X L* pomfret
Jn° Roberts Senr
phil : Chesley Jnr
Hen: Hobs
X Rich : Oates
Jn° Heard senr
Jn° Church
X Jn° Wingett
Hen : Langstar
A n° Nutter
Steven Jones
James Smith
John Hill
Tho : Edgerly
Jn° Meader senr
Jn° Davis senr
X wm : ftbllet
Isaac Godfrey
Timo : Hilliard
Tho : Marston
Jos : Moulton
ThoNudd
fFran page
Jn° Redman senr
Hen : Moulton
An0 Stanniel
Jn° Smith -Talr
Ben : shaw - not apprd
And : Wiggins
Tho : Ward — not appd
Sam- Dalton esqr
Rob* Wadleigh
John ffolsom Junr
Ralph : Hall
Sam Levit
Moses Levit
petr ffolsom
J n° Dam : Senr
X Thorn : Austin
X James Nute Junr
Jos : Canny
phil Cromwel
Jos : Beard
Rich : Carter
Benj : Heard
Eldr wintworth
Rob* Evens
Jn° Evens
Ric : Waldren Jnr
Jn° Dam : Junr
wm shackford
X Rob* Burnham
Benj : Mathews
John Alt
wm perkins
X Jos : Smith
Nic : ffollet not appeard
Note that all the above named have taken yr oathes Except those
that have this mark X ag* ym
The president & Council having seriously Considered y* weightie
Charge lying upon all y* fcare God to acknowledge him in all yrwaies,
PRESIDENT AND COUNCIL. 66l
inforced by y* Gracious promise of having y1' pathes directed by him,
being also Incouraged by ye good Success that ye people of God have
mett with when they have assembled themselves to seeke ye Lord by
fasting & prayer a right way for themselves, theire little ones & yr
substance, considering also y* ye Unchangeable god wch is ye auther
& orderer of all ye changes that pass ovr our heads can only bless
them to us, being likewise not unmindful of the many sins y* are
amonge us wch may Justly provoake ye Lord to come in his anger &
displeasure ag1 us, & feeling ymselves how Insoficient they are for so
weightie a charge in poynt of Goverm* as is now Laid Upon them, &
considering how highly wee are engaged to pray for gods blessing
upon or gracious King & all his weightie concernes for the advancem*
of ye Gosple & ye Good of all ye people undr his royall ^tection Doe
upon these & such Like Considerac'ons appoynt the 26th day of this
present month to be kept by all ye Inhabitants of this province as a
day of Humiliation before ye Lord, humbly to Implore his gracious
Majestie to pardon & purge away all or Iniquities for his Names sake
to direct & assist themselves in yr endeavors to seeke ye weal of y*
part of Gods Israeli Committed to yr care, to revive his owne worke
and maintaine his owne cause & Interist in ye midest of us, to con-
tinew or precious & pleasant things to us & bless us wth peace and
prosperitie wth or Neighbors in ye several Collonies near us together
wth all ye Churches of Christe abroade, & in a Speciall manner y* he
will Smile upon us wth refferrence to ye meeting of the Gen Assem-
bly y1 yr agitations & conclusions may be for or good, That he will
favour us in respect of the Spring & seede time ensuing, & in all
things doe for us & for or Children after us as ye matter does require,
And for yl end doe Inhibit all servile Labour on yt day, & Commend
it to ye Elders Churches & people that they prepare and applie them-
selves unto a diligent humble & hearty attendance to all ye duties of
ye same :/
Richard Martyn esqr is chosen Tressurer for this province during
ye pleasure of the president & Council./
John Roberts of Dover is chosen head mrshall of this province &
Hen: Dowe of Hampton Undr him./
Richard Scammon Complaining that George Jones did much tres-
pass upon him as at Large in his petition put on file may appeare.
The Council ordrs that a wan4 be sent to ye Constable of excetr to
cause him to forbeare, & bring him to answr for so doing on the 16th
day of march next
662 PROVINCE OF NEW HAMPSHIRE.
At a Gen~ Assembly held in portsm0 in the province of New-
Hampshire ye 16th day of march i6|f
prsent of ye Council
Ric: VValdron esqr depte prsident
Richard Martyn ") Jn° Gilman ^
WmVaughan ( „ Elias _Stileman I
Tho:Dainel fesq Sam: Dalton fesq
Xtoph' Hussey J Job : Clemonts J
The Deputies
mr Rob1 Elliot ) mr Ant° Scamon J
mr philip Lewis > ports mr Tho : Marston > Hamp*
mr Jn° pickerin ) mr Edward Gove )
V peter Coffin ) cap* Barthol : Tippin I
U An0 Nutter [ Dover U Ralph : Hall { exeL
mr Ric : Waldren Jnr )
Sundry Laws & ordinances made at this Sessions & are in another
book for that purpose./
Jn° Winget being bound ovr to appeare before ye Council to Answr
for that wch he said to Major Walclron that himself e had been rated
if1 and Major Waldron was rated but 2111 & some other words tend-
ing to ye slandering of those y* made ye rates before a house full of
people Said winget acknowledged before ye Council that he did say
ye words he was charged wth in the warr* & doth confess that he spake
ym Unadvisedly & was very sorry for them, wth wch ye Council was
satisfied.
The Council being informed of 3 boyes of Dover that ran away
fro there masters being taken againe & bound ovr to answ1 before
ye Council The Council referrs ye Issuing yrof unto major Waldron &
mr Job Clements to hcare & detymin when they shall see cause to
call them
[7th ditto Mr Edward Randolph came before ye Councill Inform-
ing them that he had seazed a ship in ye River for the King, & ye
master at ye same time complaining that mr Randolph had done him
much Injury to stop his Vessell when he had broken no Law of his
majtie in any Kind for ye Issuing whereof mr Randolph desired a tri-
al 1 by a Jury, wh was granted him, provided both ^tes would Joyn
Issue & bind ymsel\res in 5011 bond apeece wth sufficient security to
pay all costs of tin- sute :
[8th ditto The said master came before ye Council & desired y1 yr
might be an Issue of his case, whereupon ye Council sent to mr Ran-
PRESIDENT AND COUNCIL. 663
dolph to acquaint him wth the masters Solicitac'on for an Issue, who
appeared & desired a Coppie of some papers that ye sd master left
wth ye Council yesterday (as he said they promised him) the Council
replied that if he would enter his acc'on and come to a triall he might
have any Coppies that were wth them or if said Randolph would give
a Coppie of his papers & parchmts he had shewed ye Council & re-
ceived back againe that ye master might have them as he desired,
else they thought it but reason yt ye master should have his papers
againe wthout giveing Coppies as mr Randolph had his
On petition of Marke Hunking master of ye Ketch providence that
the Council would be pleased to grant a Speciall Court for ye Issuing
of the differrence betweene him self e & mr Randolph aboute ye seazure
of his Vessell The Council grants the petitionr his petition & appoynt
Tuesday Next to heare ye case & ordr yl a wan4 be given by ye Secre-
tary to ye Counstable of portsm0 to sommons a Jury out of his pre-
cincts of 12 men to attend that service on yl day by 9 a clock in the
morning : /
Marke Hunking binds himselfe to ye Treasr of this province in a
bond of ten pound to pay all ye charge of ye sute while in triall
The Council ordr that ye present Secretary shall grant secrt t
all warrts & attachmts untill they shall take further wan* &c.
order : /
you Sweare by ye Living God that in the Cause or Jury of Trialls
Causes now Legally to be committed to you by this oath
Court you will true triall make & Just Verdict give therein according
to ye evidence given you ' & ye Laws of this province or in defect
thereof the Laws of England so helpe you God./
you J : R : being chosen Head marshall for ye province marshalls oath
of N-Hampshire doe Sweare by ye evr Liveing god that
you shall performe doe & execute all such Lawfull commands as shal-
be directed to you from lawfull Authoritie constituted by his majtie in
this province wthout favor fear or partiallity according to yor best abil-
lity & the Laws here established so Helpe you God : /
John Roberts & Henry Dowe tooke ye oath for marshalls in this
province
you Sweare by ye Living god y« ye evidence you shall oath of witnesses
give to this Court concerning the Cause now in Question
shalbe ye truth the whole truth & nothing but the trueth so Helpe
you God./
The Council finding a necessity of prisons & Keepers for them for
the securing of offendrs & other persons for debt, doe order yl ye pris-
sons allready at Hampton Dover & portsm0 shalbe for ye same Use
still, & Jn° Souterof Hampton & Jn° Tuttle of Dover & Richard Ab-
664 PROVINCE OF NEW HAMPSHIRE.
bet of portsm0 be & are Impowred prison keepers to ye severall pris-
ons in yc respective townes where they dwell : & to receive all pris-
soners as shall be Committed to them by authority & this to Con-
tinew during the pleasure of the Council./
George Jones appearing before the Council to Answr to mr Rich-
ard Scammons compla1 as by his petition at Large ye first of march
last The Complaint was deliberate read unto him, & all evidences
there aboutes produced by wch ye complaint was fully proved
In yc examy nation of ye case the Council finds sd Jones guilty of a
trespass done to sd Scammon & of severall Lies & Slanders & a man
of very 111 behaviour./
i Sentence that mr Scammon shall & may take off all those staves
and Timber that be upon ye Land wthin ye Line, wch sd Jones said he
would not remove before ye case was heard./
2 ffor Lying & Slandering Sentence to be whipt to ye Numbr of
5 stripes or redeeme it by a fine of ios money — he pd his fine.
3 : for his 111 behavio1" in thretening words & carriages since (the
breach of his bond at Salsbury Last) that ye Council asserted this
Gov'm* Sentence to be bound to ye good behavior & to continew un-
til the quart1" Sessions or Court at Hampton the first Tusday in Septr
next & then to appeare & if in case he shall 111 behave himselfe in ye
meane time towards any ^son or ^sons especially towards mr Scam-
mon & his famyly, That then any one of ye Council upon Legall
prooff may & are hereby Impowered to Committ him to prison with-
out bale or mainprize there to Continew during the Court or Coun-
cils pleasure & pay costs in money or as money Viz1
£ s d
to mr Scammon — — — — — — 02 15:6
to ye Treasur — — — — — — — 01:0:0
to Constab" Thins: for his troubl — — 00 : 10 : o
mr Scammon responds for this : 03 : 15 6
It is ordered by ye Council that Richard Waldren esqr depte presi-
dent & Richard Martyn esq1' wth two whome ye depties shall appoynt
to Joyne wUl them to give thankes in y1' behalfe to ye Reverd Joshua
Moodey for his grl paines in his Sermon preached before them on
Tuesday the 16th of this Insta* march & desire him to print his Ser-
mon or give them his noats & they will print it
It is ordered that all ye Inhabitants from wm Seavies to Sandy
beach to Little harbo1' shalbe undr ye Comand of ye Cap1 of ye fort on
Gr1 Island & to be called forth by him to ye exercise of Armes, &
such Exegents as may happen on any allarum at sd ffort :/
PRESIDENT AND COUNCIL. 665
At a Speciall Court held in portsm0 New-Hampshire by the presi-
dent & Council ye 23d of March i6J g being Tuesday : /
Jury
mr Nath : ffryer "| mr Jn° ffletcher ")
mr John Hinckes mr Sam : Kaiese
mr George Jaffray I Jn° Tucker { Legally called
mr Thorn5 : Harvey
mr John Shepway
mr Reu : Hull
Rich : Jackson ( & Sworne &
Obadi : Morss
Nehem : partridge J
Libtie Granted to ye plan1 & defend1 to challenge any of ye Jury
neither p* nor def* objected ag1 any but declaired ymselves Satisfied
Marke H unking Comand1" of Ketch providence p* Grat Exem-
against Edward Randolph esqr defen1 in an acc'on of the 4 Novem 1680
case, for going on bord sd Ketch & putting ye broad arrow upon his
mast reporting he had Seazed ye sd Ketch as forfeited to ye King,
thereby obstructing his Voyage & causing him to Lye upon demur-
age to his Gr* dammage This case was pleaded in ye presidents house
& all the evedences read that p1 & defen* had to say & then Com-
mitted to ye Jury./
Jury finds for ye p1 511 : 6s : 8d damages : & cost of Court 811 : 2s : 6d
mony
The Council ordrs that mr : Randolph shall have all his papers &
parchments he put into Court in the case betweene him & Mark
Hunking the Secretary taking Coppies & Keepe on file
Edw : Randolph esqr being called before ye Council to answr for
his saing when he was pleading of his case aga1 Marke Hunking, be-
ing asked where the Earl of Danby was — Answrd that he was hanged
for ought he Knew, The wch the Council takes as a greate reflection
upon such a greate Minister of State :
Unto wch mr Randolph said by way of acknowledgem* that it was
a suddaine & a rash Speech being. Spoken in such a publick Assem-
bly, and was sorry for it, & desired it might be passed by, where with
ye Council was satisfied & dismist him
March 24 : 1680
Cap1 Wait1" Barefoote appearing before ye Council & Examyned by
w* powr he set up a paper on ye Great Island concerning Costoms to
be entred with him, or whether he did set up such a paper there that
All persons should enter with him : /
Answrd that he did set up such a paper & must owne it dismist &
orderd to appeare to morrow :/
6)6)6 PROVINCE OF NEW HAMPSHIRE.
?4 : ditto Cap1 Waltr Barefoote appearing before the Council his
Indictm* was read unto him
i That you have in a high & presumtuous manner set up his
Majties office of Costoms declaired it by a paper in a publick place on
Gr1 Island for all ^sons concerned to come to make yr entries with
you at their ^il, Not having Leave first from ye president & Council
of this province so to doe, wch shews high contempt, being Since his
majties authority was set up in this place
2ly That hereby you have disturbed & obstructed his majties subjects
both in greater & smaller Vessells, & such as pass but from towne to
towne & harbor to harbor Neare adjoyning on there occasions, but
must enter & take theire passes wth & from you, as proved by Testi-
mony
3Jy Yor peremtory Answrs That when any question was asked you,
you would Answr My Name is Walter./
Sentence to pay a fine of ten pound in money forthwith & stand
comitted untill it be paid
Council ordr that Cap1 Barefoote shall have his Commission & In-
structions he received fro- mr Randolph returned him ye Secrt tak-
ing Coppies of ym
An act past by the Council & assembly to write to ye Govr &
Council of the Massachusetts : drawen up as ffollows :
To ye much Hond: ye Govern1" & Council of ye Massachusets Col-
lony to be Comunicated to ye Gen Court in Boston:
portsm0 in ye prov~ of N-Hampshire ye 25th March 1680
The Late Turn of providence made among us by ye all ordring
hand hath given occasion for this present applicac'on, wherein wee
crave leave as wee are in duty bound
1 Thankfully to acknowledge yor Gr1 care for us & yor kindness
towards us while wee dwelt undr yor shadow, owning orselves deeply
obleiged yl you were pleased upon or earnest request & Supplycac'on
to take us undryor Govrml and ruled us well whilst we so remained so
y1 we cannot give ye least countinance to those reflections that have
been cast upon you as if you had dealt Injuriously with us.
2ly That no dissattisfac'on wth yor Govmi1, but meerly or submis-
sion to divine providence & obedience to his Majties Command to
whome wee owe alleigiance wthout any Seeking of or owneor desire of
change was yc only cause of or complying with that prsent seperation
from you that wee are now Und1', but should have heartily rejoyced
if it had seemed good to ye Lord & his majtic to have settled us in ye
same capasity as formerly :
3">' And withal! wee hold o'selves bownd to signifie y1 it is or most
Unfeigned desire that such a mutuall correspondencie betwixt us may
PRESIDENT AND COUNCIL. 66?
be setled as may tend to ye Glory of god the honr of his Majtie whose
subjects wee all are, and the promoting of ye Common Interist &
defence against ye Common enemy that thereby or hands ma'be
Strengthened being of or selves weake & few in Number, & y1 if yr
be oppertunity to be any wayes Serviceable unto you we may shew
how readie wee are thankfully to Imbrace ye same :
Thus wishing ye prsence of God to be with you in all yor adminis-
trac'ons & craving the benifit of yor prayers, & endeavors for a bless-
ing Upon the heads & hearts of us who are seperated from or breth-
ren we subscribe
Whereas his Majtie by his Le'rs : pattents hath Given express
charge & comand to ye president & Council of this province for ye
seteling of the Militia in ye hands of ym that may be best qualified for
or defeence.
Richard Waldron esqr is by the Council Chosen Major Gen- ovr
all the fforces of ffoote & horse &c. wthin this province & to have
Commiss'on drawen up & Signed by the prsident & seale of the prov
affixed
And it is further ordered that ye persons hereafter menc'oned shal-
be commissionated undr ye Seale of the province for ye mannagment
of the Militia in ye severall Townes, & that ye prsident with ye Secrt~
draw up & affix the seale of ye province to all commiss'on officers
for portsm0 for Hampton
Cap1 Thomas DaineH cap1 Xtopr Hussey ^|
L1 Walter Neale y L1 Jn° Sanburn y
Ens: Jn° Hunking J Ens: [no name given] j
for Dovr for Exceter
Majr Richard Waldron ^ cap* Jn° Gilman ^
L1 peter Coffin V L1 Ralph Hall V
Ens: John Davis J Ens: Wm Moore J
for ye fort
Cap1 Elias Stileman ^ The chiefe officer in each company to chuse
L1 Nath11 ffryer. >theire inferio1" officers
Ens: Nath: Drake. J
ordred That there shalbe for present but one Troope in the prov
ince consisting of Sixtie Trooprs besides the officers
for ye Troope
cap1 John Gerrish J
L1 An0 Nutter >
Cornet. Sam sherburn )
668 PROVINXE OF NEW HAMPSHIRE.
It is ordered by ye Council that if there be any Troopers that have
served undr the Command of John Gerrish or in that troope of Nor-
folke they shalbe at theire Liberty to continew or not in ye service of
Troop™ any Longer they Listing themselves ffoote souldiers in ye
townes of theire present residence, And also such as are alreadie
Troopers in this province are anew to List themselves undr Cap*
John Gerrish, & such others as are quallified according to Law for ye
filling up ye sd troope to ye Numbr of 60 - besides officers as abovsd.
At a meeting of ye Council Apr- 1: 1680
The president & Council of N-Hampshire taking Notice of his Majties
Comand to his foreigne plantac'ons referring to ye act of trade and
Navigation wch are punctually to be observed by all his Majtes subjects
in the severall Collonys in New-England,
Doe therefore ord1' & enact that henceforth all masters of ships
Ketches & other Vessels coming from foraigne parts into any of or
ports within this province or doe saile from hence doe wthout Coven
or fraud yeild faithfull & constant obedience to his majties Laws &
ordinances for trade and Navigac'on that are published in ye book of
rates according to ye true Intent & meaning of them, & y* they doe
from time to time repaire to ye president & thence to such other offi-
cer or officers as shalbe by him & ye Council appoynted to make en-
trie of theire ships & Vessells, & to give bond & take theire dis-
patches as in ye sd rates are provided on penalty of suffering Such
forfeiture cost & dammage as by ye sd acts are perticulerly expressed
^ ord1' of ye Council E: Stileman Seer1 :
portsm0 in N. Hampsh : Apr- 1 : 1680
Mr Ric : Martyn is chosen & appoynted to take entry of all ships &
Vessels from foreigne parts & to give dispatches & to see to & looke
after ye act & trade of Navigac'on
Cap1 Elias Stileman is appoynted to receive the powder & Costoms
as formerly./
Jn° Tucker is appoynted to ye office of water baley & to be mar-
shalls depte only in this Towne of portsm0/
The Assembly & Council adjourns to the first monday in June
next
At an Adjourncm* of the Council & Gen- Assembly of the prov-
ince of N-IIampshire held in portsm0 ye 7th of June 1680 being mon-
day
fferrys It is ordered yl all yt keepe fferrys wthin this province shall
cary to and fro wlhout any pay all or any of the Council Deptes for ye
Gennerall Assembly Jurymen wch are upon ye Service of ye province ;
PRESIDENT AND COUNCIL.
& all Trooprs in yr common & gen : _musters shall pay but 3d horse
& man & ffoot Soldiers only at a gen Muster shall pay one penny a
person./
Ordered by ye Council that all Clarkes belonging to n, ,
-, Jrr +>,• • 1 • Clarkes to gathr
ye norse and froote wtnm this province are hereby contm- m yr fines,
ewed in yr places & are reqrd forth with to gather in &.
give an acco* to ye cheife officers where they doe belong, of all fines
comittecl to them to gather before this change of Goverm* ; & that a
warr* be sent to mr Natha11 Waire Clarke of ye Troope to gather in
those fines committed to him from such persons Trooprs as are wthin
ye two Townes of Hampton & Exceter wch did belong to Norfolke
Troope, & give accot to the Council, & the secretary is to send Cop-
pies of this order to ye cheife officer in every Towne, And where any
Clarke cannot find estate he is hereby Impowred to take theire bodies
& carry to prison Until it be paid or during ye pleasure of the Cheife
officer, & all prison Keepers are to receive them into yr Custodie &
them safely to keepe at theire ^ills
James Browne came before the Council & confest a f5u~eE8oecu:~
Judgem1 of 511: 3s: 6d in money due unto John pickerin./
U pomfret is granted a Licence to sell Liqur by retaile wthin & wth-
out dores of his owne distilling & Cider of his owne groth./
Agreed wth John Tuttle to keepe ye prison at Dover for risonkee raSal.
wch he is_to have 411 ^ annim beg'ing his time ye 20th day lery.
of ffebr: now last past, the like summ to be allowed to ye rest of ye
prison keeprs wthin this province ; Viz1 Jn° Souter of Hampton &
Rich : Abbet of Gr< Island./
Mr Rob* Wadleigh appearing before ye Council to Answr for his
reproachful Speeches agat the Council & Gen : ~~ Assembly as ^ tes-
timony on file
Sentence to pay a fine of 511 in money or goods equivolent & pay
the mrshall for fetching of him downe 12s & ye witnesses & ffees : 2s:
6d & Stands Committed untill it be pd/
Mrs ffrances Reyner moving to ye Council her great Inability to
mannage her administratorship granted her, at a County Court in
1677 upon ye estate of ye Rev~d John Reyener her son partly be-
cause it was granted before ye Govermt was changed & ^tly that she
is alone & wants helpe, The Council therefore confirmes & estab-
lished yt administrac'on granted & Joynes L1 petr Coffin wth her in
administrac'on Upon ye sd mr Jn° Reyners estate & enjoyne them
faithfully to ^forme ye place & office of Administrate1'5 according to
Law & Costom, and all his housen & Lands Stands bownd for ye
paym* of his debts /
67O PROVINCE OF NEW HAMPSHIRE.
At a meeting of ye Council ye 10th June 1680 In portsm0
Edward Colcord & Ann his wife being bownd ovr to appeare before
ye Council for yr disordrly Liveing, Upon a full hearing of ye case The
Council doth ordr that ye sd Edw : Colcord & Ann his wife shall stand
bownd to ye Tress* of this province in ye sume of 511 apeece to be of
good behavio* each to ye other during ye pleasure of ye Council, &
that the sd Ann do attend her duty towards her said husband in the
Use of ye marriage bed according to ye rule of gods word, wch if she
refuse so to do upon complaint to ye Next Court at Hampton, the
Council cloth ordr she shalbe Whipt to ye Numbr of 10: Stripes —
the concil takes his owne : bond : /
Granted Licences as fformerly unto ye persons Undr named yy pay-
ing
11
s
Jn° Clarke — —
611 f anim
L* pomfret —
— 0 :
0
Jn° partridge — —
8:f :
Jos : Beard —
5 •
=
Rich : Webber —
1 : 10s :f
Hen : Crowne —
— 7-
=
Sam: sherburne —
5:»
Jn° Johnson —
— 4-
=
Hen : Robey — —
3:?
Goodw : Trickie
— 1 :
=
ffor direction unto the Major over all ye forces in this province &
all ye Military officers in theire severall Companys
The Council ordrs that as a rule to them in thire severall places &
discharge thereof, the Laws & ordrs that formerly they have been reg-
ulated by, shalbe & continew ye same till the Council take other ordr
in all military affaires & concerns & all the soldiers are required to
yeild obedience thereunto
Wm Hurford for being drunke, once on ye Lords day the 23d of
May last & the day following owned by him
Sentence to pay a fine of 5s for ye first & breach of Saboth 10s &
for ye second offence, 10s & pay ye marshall 6s & flees : 2s : 6 and
stand comitted till it be pd /
Mary Tibbet widow for committing fornicac'on having a basterd
Sentence to be whipt forthwith to ye Number of 10 Stripes or re-
deeme it by a fine of 40s : & ffees : Jos : Canny past for her fine
Mr Sam11 Dalton is chosen record1" of Hampton & Exceter.
The returne of 3 boies Viz1 Cornelious Tomson Benj : Johnson &
Sam : Tibbets who ran away from yr masters being referred to
Main' Waldren & mr Job Clements to examyn & Issue ther returne
in y1 affare is put on file of ye Councils records./
Upon sundry presentmts exhibited aga* John Waldron for drunken-
ness & Neglect of his calling & disordrly Living also his father pre-
senting a complaint aga1 him for greate abuses don to him in his age
PRESIDENT AND COUNCIL. 67I
& disobedient & rebellious Carriages wth other Informations of his
Vicious Living. The Council doth Sentence him to close Impris-
onm1 during theire pleasure & that he be debarred of all company ex-
cept ye Keeper or others sent by authority & also from strong drinke
& y1 one of his Leggs be constantly chained to a post & to be kept
to worke as mr Martyn mr Vaughan & Cap1 Stileman or any two of
ym shall appoynt & if he refuse to labour he shalbe kept wth prison1"3
fare & to be whipt to ye Number of ten stripes at a time at ye dis-
cission of those Gen1 above Named & y1 they or any two of them
shall ^vide him materialls to work his Trayd & to dispose of ye pro-
ceed for his owne & his childrens maintainnance & livelyhood he not
to dispose of any of his Labours wthout the previty & consent of ye
Gen1 above named wch -ye prison keep1" is to prevent & pay officers
ffees 30 shillings /
Whereas his Majtie by his Le'rs pattents sent to ye president and
Council of this province of New-Hampshire, hath given express com-
mand for ye regulation of ye millitary disapline & ye arraying & mus-
tering of ye Soldiers for ye defence & safety of this his majlies prov-
ince
It is therefore ordered by the president & Council that all ye Traine
soldiers within ye bownds of this province from Sixteene yeares old &
upward do from time to time obey such ordrs & commands as shal-
be given by ye officers that are Commissionated by this Goverment
in ye severall Townes both respecting armes & amunition and times
of exercise according to ye Laws & ordrs y1 are & shall be made con-
cerning Military affares. — And y1 those Troopers y1 were formerly
Listed undr command of Major pike & now Inhabitants in this prov-
ince shall have Liberty to list themselves & horses anew Undr ye
Command of Cap1 John Gerrish Cap1 of ye Troope in N-Hampshire &
such as dose not List themselves UncF his Command are reqrd to at-
tend theire dutie, in ye foote Company where they dwell on penalty
y1 is provided for neglect in y1 case./
The Assembly & Council adjornes to ye 1 2th day of Octob1" 9 a
clock :
At theire Adjournm1 ye 12th of Octob1" 1680
It is ordered y1 a Comittee be chosen for ye drawing up all ye Laws
made by this Assembly as nere as may be according to ye Laws of
England & will sute wlh ye Constitution of this province
The Comittee Chosen are — Ric : Martin esqr ^
mr Sam. Dudley
The Comittes returne ) mr Seaborne Gotten
put on file \ Elias Stileman
672 PROVINCE OF NEW HAMPSHIRE.
Granted adminstra : ~ to mr peter Twisden of Isles of sholes upon
the estate of John Boon deceased :
It is ordered that a warr* be sent to all Constables within this prov-
ince that are behind either for warr Rates, province Rates towne or
minsters rates, to appeare at ye quart1" Court held in portsm0 next to
answ' for yr neglect.
The Council & Assembly Adjourne to ye 2d Thursday in Decern1"
next
To his most Excellent Majtie Charles ye 2d by ye Grace of God of
Engl : Scotia.- ffra.~ & Ireland King defendr of ye faith &c.
The humble Addresse & petition of ye prsident & Council of his
Majties prov- of N-Hampshire in N-England Humbly sheweth
That it having pleased yor most excellent Majtie to seperate us the
Inhabitants of this province from yl shadow of yor Majties authority
and Govmi1 undr wch wee had long fownd fHection especially in ye
Late warr wth ye barbarous natives who (thro divine ^ tection) proved
a heavy Scourge to us & had Certainly been ye mine of these poor
weake plantations (being few in Number & otherwayes being undr
Gr* disadvantages) if or brethren & Neighbo1'5 had not out of pittie &
compassion Stretched forth yr helping hand & wth y1' blood & tres-
sure defended us or lives & estates Nevr ye less upon ye receipt of yor
majtics pleasure delivred by Edw Randolph esqr upon ye first of January
last directing unto & commanding ye Erecting of a New Govmi1 in &
over these foure townes (ye Govm^of ye Massachusetts yielding ready
obedience to yor majties Commands wth reference to our relac'on
formrly to ym) altho deeply sensible of ye disadvantages like to accrue
to yor maj'ties provences & orselves more especially by the multiplying
of Small & weake Govrmts unfit either for offeence or defence (the
union of these Neighbo1" Collonys having been more then a little In-
strumentall in or preservation) wee have taken ye oathes prescribed us
by yor Majtic & adminstred to yor subjects of these foure Townes ye
oath of alleigiance, & Convened a Gen : Assembly for regulating ye
Common affaires of ye people & making of Such lawes as maybe of
more pcculicr use to orselves having Special regard to ye acts for trade
& Navigac'on set forth in ye Book of rates commonly printed & Sold,
& if some obstruction occasioned by such as make great pretences of
yor majties ffavor & authority had not hindred wee might have brought
matters to a great1" maturity ; yet hope to perfect somthing by ye first
op^tunitieof Shiping from hence, but feared it might be to long to
deferr o' humble acknowledgm* of yor Majtes Grace & favour in comit-
ting ye powr into such hands as it pleased yo1' Majtie to Nomynate not
Imposing Strangers upon us, & it much comforts us against any pre-
tended Claimers to or Soyl or any malevolent Spirits wch may misrep-
PRESIDENT AND COUNCIL. 6?$
resent us (as they have done others) unto yor majlie or hon le Council
while (beside ye Knowne Lawes of ye realm & ye undoubted right of
Englishmen) wee have ye favor of a Gracious prince to fly to
wee doe therefore most humbly begg ye Continuanne of yor majtes
Royall ffavor & protection wthout wch wee are daily liable to disturb-
ance if not ruine : And as in duty bound wee shall humbly pray &c.
To ye Kings most Excellent Majtie
Wee the prsident & Councill of ye province of New Hampshire
have (according to yor Royall pleasure) given an acco1 of or alleigiance
& observeance of yor Commiss'on by mr Jowles in march Last & yr-
fore shall not give ye trouble of repetition, according to yor Majties
Command wee have wth or Gennerall Assembly been considering of
such Lawes & ordrs as doe by divine favor preserve ye peace & are to
ye satisfacc'on of yor Majties Good subjects here, in all wch wee have
had a Speciall regard to ye Statute book yor Majtie was pleased to
honr us wth for wch together wth ye seal for yor province wee returne
most humble & hearty thankes, but such has been ye hurrie of or
Necessary occasions & such is ye shortness of or Sommer (ye only
Season to prepare for a long winter) that wee have not been capeable
of sitting so Long as to frame & finish ought yl wee Judge worthie
to be prsented to yor Royall View, but shall as in Duty bound give as
Speedie a dispatch to y* affair as wee may In ye mean time yor Sub-
jects are at quiet undr ye shadow of yor Gracious protection, fearing
no disturbance Unles by Some pretended Claimers to or Soyl whom
wee trust yor Majties Clemencey & equitie will guard us from Injury
by & considering the purchase of or Lands from ye heathen, ye Nat-
urall proprietrs yrof) & or Long quiet possession Not interupted by
any Legall Claime or defence of it aga1 ye barbarious adversary by or
Lives & estates wee are incouraged that wee shalbe maintained in
or ffree enjoym* of ye same wthout being Tennants to those whoe can
shew no such title thereunto, ffurther wee do gratefully acknowledge
ye marke of yor princely favor in sending us yor Royall effigies & Im-
periall armes & Lament when wee thinke y* they are (through ye
Loss of ye ship) miscarried by ye way & Seing yor Majtie is graciously
pleased to License us to crave w1 may conduce to ye better promoting
of or weal undr yor Majties Authority wee would Humbly suggest
whether ye allowance of appeales menc'oned in ye Commiss'on may
not prove a great occasion by meanes of malligna1 Spirits for ye ob-
structing of Justice among us, there are also Sundry other thing yl a
little time & experience may more evidently discovr a greate conven-
ience in wch upon ye Continuance of ye same Liberty from yor Majtie
wee shall wth like humylitie prsent — Thus craving a ffavorable Con-
46
674 PROVIN'CE OF NEW HAMPSHIRE.
st ruction of w1 is above suggested & praying for yor Majties Long &
prosperous Reign begging also ye continuance of yor Majties ffavor out
of w,h if any of or adversaryes Undr a pretence of Loyalty or zeal for
vor MajUes Interist should endeavr to eject us wee hope upon Liberty
granted us to Speak for orselves wee shall abundantly demonstrate y*
wee doe truely & Sincerely Subscribe
Yor Majlcs most Loyall & dutifull Subjects
portsm" in ye prov- of John Cutt president wth ye Consent
N-Hampshire June IIth 1680 of ye Councill
At a Meeting of ye president & Council ye 3d of Nov :_ 1680
Edward Randolph Esqr having Seazed severall peeces of Canvas
wch he called french goods of mr phillip Severits & sd Severet com-
plaining he had wrong done him sd Randolph being then prsent &
could not be determyned wthout a triall at Common Law, The Coun-
cil enjoyned sd Mr Randolph & he promised to prosecute & bring ye
case to a triall at ye quart1" Court a m° hence wch if he did not the
eroods seazed should be delivrd back to sd Siveret
At a meeting of ye Council ye Depte being prsnt Decemb : the 7th
1680
The Council doth ordr that ye present Selectmen of ye Towne of
Hampton doe confirme ye rate made by ye Last Select men for ye
Schoolmast1' yr & direct it to ye Constables there to gather that soe
lie may be satisfied according to bargaine made wth him/
Whereas that notwithstanding Severall ordrs & Injunctions that
have been made & Laid upon ye severall Constables wthin this prov-
ince for theire gathering of ye rates that have been comitted to ym to
gather Respecting ye warr, province townes & ministers in ye respec-
tive Townes, & yet notwithstanding they have not fully attended yr
dutie therein.
The Council doth now ordr that if ye Severall Constables yet be-
hind in ye p'misses doe not gather in yr respective rates, & Cleare wth
the tressurr, Select men, & ministers as they doe relate unto by ye
Sitting of ye Council & Gen : Assembly the first Tuesday in march
next That then execution shalbe Issued out upon such Constables
estates for satisfaccon
The president & Council wth the Assembly Considering that hav-
ing begun yr yeare wlh ffasting (as yr was a greate deale of cause con-
sidering how matters were Curcomstanced wth us) & having had since
v'1 time much experience of ye Lds wonted goodness in hearing or
prayers wee have thought it or duty to end or yeare wth thankesgive-
ing & to pay ye vowes that wee made in ye day of our ffeares &
shearchings of heart y* were upon us
PRESIDENT AND COUNCIL. 675
doe therefore ordr & appoynt the 2d Thursday in January next to
be Kept a solemne day of praise & thanksgveing thro out this prov-
ince prohibiting all servile Labour yl day to all ye Inhabitants of the
same, and calling upon ym to enter into ye Lds house & bless his
Name for all his mercies for this yeare past to or Nation & orselves —
^ticulerly for preserving ye prodistant Interist & the life of his Majtie
from ye plotts & designes of ye popist party, for causing a good agree-
ment betweene ye Council & deputys for favouring us wth health &
peace in or borders, for graciously permitting us to stand one yeare
Longer in his Vineyard Undr the enjoym* of or Libties & prviledges
both Civil & Ecclesiastical], and for affording us a competence of ye
fruites of ye earth for our maintainance, for all wch & for all ye rest of
his kindnesses (to many for us to reccon Up in ordr before him) wee
account ye Lds Name worthy to be praised, & doe advise to heartiness
& seriousness in this duty soe yt ye fruite of or Lipps being offered
up (thro him) as alsoe the fruite of or lives by a right ordering of or
conversation wee may see more of Gods Salvation, goodness &
mercie may follow us & ors & wee may dwell in ye house of the Lord
all the dayes of or Lives there to praise him all ye dayes of our
Lives/.
At a Meeting of ye prsident & Council ye 22d of Decemr 1680
The Council undrstanding yt m1' Beackum had a L'er of Aturney
from Mr Randolph to be his Depte shearcher & Informer & y* he
Could Inform them that the Riggin mr Severit & mr Nicholls ships
were rigged wth were exported out of Urop & had not pd Costom in
England The Council sent for him, & on examynac'on he sd he
heard he had a L'er of Atturney but had not received it (only a pri-
vat Letter) wch he thought was gon to ye Lett1" breaker nameing m1'
Elliot & as to ye Riggin aforesd, affirmed it came out of Urop but
could prove nothing of w1 he Informed ym of
[Proceedings of President and Council from July 6, 1681 to Sept.
;8, 1681, taken from State Papers, Colonial, Volume 57, in Public Rec-
ord Office, London, Eng.]
[Seal] All the Acts Orders and Proceedings of the President and
Council of His Mats Province of New-Hampshire in New-
England since the Transmission in June last An° Dom1
1681.
At a Special Court of Pleas held at Portsmouth Jul : 6th 1681, by ye
Presid1 & ffive more of ye Councel, viz : the Dep : President, Mr Mar-
tin, Capt" Daniel, Captn Vaughan, Mr Clement.
6j6 PROVINCE OF NEW HAMPSHIRE.
Magns White and Nathaniel ffox Plaintifs ag* Roger Rose Deft in»,
an Acc'on of Trespas upon ye Case, for cutting their Bowsprets, and
much of their rigging.
The said Parties do referr ye Trial & Determinac'on of ye said Ac-
c'on to ye Councel.
The Parties agree, and ye Suit is withdrawn.
Henry Russel of ye Great Island called (being prsented for sell-
ing Drink without license,) but appeared not.
In the Cause between White & ffox Pls and Rose Deft ; The
Councel (to whom it was referr'd) Does adjudg ye Parties to pay
Six pod for ye Costs of ye Special Court ; whereof ten shill5 shal be
paid to the Seer, & ten shill5 to ye Marshal.
John Amazeen Constable, for not attending ye Councel upon the
President's special command, was fined 20s And ordered to pay the
usual ffees.
Joseph Purmont being prsented for selling Drink contrary to Law
(without licence,) And having forfeited his bond ; for non appearance
at Dover Court last past; was fined ffive pound, to be paid in mony,.
or mony price, & ye fees, & stand committed till he pay.
William Hoskins and Sara Herrik, being bound over by the Dep:
President upon suspition of Adultery committed by them ; Appeared,
& upon examinac'on found guilty of Great misdemean1' in that kind :
And tho : ye Act of Adultery was not fully proved, yet by circum-
stances testified by several witnesses, found very suspitious, & prsum-
able to have bin com'itted : The Councel orders, That the sd Will
Hoskins shall receiv 30 stripes on ye bare back or pay ten pound
ffine in mony, or mony price, & ffees : & stand committed til pay-
ment by him made. In like manner Sara Herrik is Sentenced to
have 20 stripes, o [r] redeem it by paying fnve pound mony, or mony
price ; with ffees ; & to stand committed til payment.
The father of ye sd Sara Herrik viz : ffrancis Rand, ingaged to ye
Treasur* for payment of her sd ffine.
Two Seamen, petic'ononing agl their Mastr Shilleto for ill usage &
want of their wages (vide ye Petic'on on file : ) upon examinac'on of
them yL> sd Shilleto & others ; were found to have committed great
misdemeanours agl their sd Master ; And their Compl1 appearing
causeless, The Councel doth Order them, viz: Andrew Peterson &
1 [en : Aireman, to be admonished & to pay 10s a peece to the Treasr
as ffines ; whereof 5s to ye Seer & Marshal for ffees : Which ye sd
Master Mich : Shilleto shal disburse for them & deduct out of their
wages : And they shal go aboard, & do their duty.
Mr John Hunkyn, who was (jontly with others) appointed by the
Committee for y* laying out of land of Hen: Sherborn deceas'd, be_
PRESIDENT AND COUNCIL. 6j7
ing visited with sickness, so that ye others cannot act : The Councel
do join Samuel Case to ye other persons so appointed as abov ; And
do impower them, or any two of them, to lay out ye thirds of ye sd
Henry Sherborns land, for ye maintenance of Mrs Sherborn his
Relict.
The Court dissolved July 8th 1681.
At a Meeting of ye Councel at ye Great Island July 11th 1681.
Whereas Marcelr3 Cock Commander of ye Salamander, a Ship be-
longing to ye Duke of Brandenburgh, Hath by his long stay in this
River of Pascataqua (being about ye space of three months) given oc-
casion to ye Councel to think he means not wel ; and that under
prtence of recruiting with provisions, & refitting ye sd Ship, said by
him to have bin disabled at Sea, the Councel finds by examinac'on
of ye sd Cock & his Lieuten1 & Steersman, that he has a design to sel
ye Ship, cousen ye Duke, & deprive ye Seamen of their Wages : The
Councel do Order, That ye said Captn Cock shal give security of
20001, that he wil sail to Boston, & be within Command of the Castle
there ; and in ye mean time cause all his sails to be brought ashore.
And likewise to pay ye sd Lieuten* Steersman, & ye other Seamen yr
ful wages due unto them.
A Contract (or Combinac'on) in writing between ye sd Captn his
Lieuten* & Steersman, for ye sale of ye sd Ship Salamander, was de-
livered to ye Secr to be kept on record.
Also this Lettr or note of Deputac'on from Captn Cock to Mr
Brown, his intended Pilot to Boston (as follows) Ordered to be
entred.
Mr Brown, I being bound for Boston, do hereby Give you ye Com-
mand & charge of my Ship Salamander (in my absence) and all that
is in her, til my return : And to take care for ye sd Ship & goods, &
all that is in her, that nothing be imbezilled.
Witness my hand Marcellus Cock.
Portsm0 July 11th 1681.
To which this subscribed Order was added.
Mr Brown, you are hereby required to attend ye execuc'on of ye
above written Order, to yor utmost power. Jul : 11th 1681
By Ordr Ri : Chamberlain Secr
At ye Court appointed for Appeals Septembr 6th 1681.
Ordered, That, in regard of ye military affairs this day, The Court
adjorn til to morrow morning nine a clock.
Septembr 7th 1681.
This following Argument was Ordered to be entred.
John Cutt Son of the Honble John Cutt Esq1 late Presid* deceased,
being under age, appeared before ye Councel, & manifested his de-
6y8 PROVINCE OF NEW HAMPSHIRE.
sire, that his Gardian Mr Reuben Hull would improve his part of y6"
Ship Dove, or other Vessels, by fitting, loading, & sending her or
them to sea, and defraying ye charge thereof out of his estate :
Which (considering the damage that may ensue by ye Vessels lying,
& no opportunity of sale offering) the Overseers, who are fhicularly
concern'd in y1 matter by ye Wil of ye sd Jo : Cutt dec'sd, have giv-
en yr advice about, & approbac'on of.
The Councel grants Adm'nstr" of all ye estate, goods & chattels,
rights and credits of Thomas Willy dec'sd, to Margaret Willy his
Relict, & John Willy his son. Which Adm'nstrrs do ingage to ad-
m'nster ye estate of ye sd Thomas Willy ye Intestate according to
Law ; And to bring in a true Inventory thereof.
Administrac'on granted of all ye goods chattels rights credits &
estate of Antony Ellins dec'sd, to his Relict Abigail Ellins. And ye
House and land of ye sd Ant : Ellins ye Intestate stands ingaged to
her Adm'nstrac'on of ye sd Estate according to Law ; & for ye bring-
ing in an Inventory into ye next Court at Hampton. Dated Sept :
8th 1 68 1
Adm'nstrac'on of all ye Goods chattels rights credit & Estate of
John Whidon Senr dec'sd, Granted to Elizabeth Whidon his Relict,
who ingaged to adm'nster according to Law : And bring in a true In-
ventory.
An Inventory of ye Estate of Antony Ellins dec'sd, was brought
in by ye Adm'nstrr Abigail Ellins ; sworn, & Ordered to be filed.
An Inventory of ye Estate of Jo : Whidon Sen1" dec'sd, sworn and
filed.
An Inventory of ye Estate of Hen : Sherborn brought into Court
by Samuel & Jo : Sherborn ; who having sworn to ye truth thereof
(as appears on file) ingaged to bring in a further Inventory of such
moveables as shal appear or come to their hands.
Ordered, in answer toy6 Petic'on of Henry Russel (who was fined
(upon prsentment) for selling Drink, without licence,) And in consid-
erac'on of ye contents thereof declaring his poverty, & great age (as
by ye sd filed Petic'on appears ; ) That ye sd Hen : Russel have li-
cence, henceforth to keep a Cook's shop, & to sel pen'y beer, as wel
out of dores, as within his shop, or house.
John Baker & Sara his Wife, of Portsm0, having bin prsented at
Dover Court last, for ffornicac'on committed by them together before
their manage (and ye Presentm1 with others, adjorn'd to this Court :)
The sd Jo : Baker came before the Councel, & ownd the fact for
himself & his wife, & express'd his sorrow for the crime : acknowledg-
ing also to stand in his Wives stead, & to satisfy ye fnne to be sen-
tenced ; which ye Councel Ordered in Considerac'on of his submis-
PRESIDENT AND COUNCIL. 679
sion, to be ffive pound for them both (& 5s ffees) in mony : And to
stand committed til he paid.
Upon ye sd Jo : Bakers Petic'on, & great compl1 therein of want of
mony to make prsent satisfacc'on ; The Councel gave him Six weeks
time.
Ordered upon ye Petic'on of Jos : Stephenson, who had bin fined
ten pound for his contempt of Authority (as appears by ye filed Pe-
tic'on wherein he humbly acknowledges his fault, & craves mitigac'on
of ye ffine ; ) That five pound of ye sd ten be remitted, upon his paym*
of five pound (& 5s fees) within a fortnight.
Joseph Purmont of ye Great Island, being p'sented at Dover
Court last for selling Drink unlicenced in a disorderly house ( & ye
Prese^men adjorned hither; ) was fined 51; Which ye Councel res-
pited duri'g pleasure upon his good behaviour.
Stephen Grasham of Gr* Island & his Wife, for selling beer &
flip contrary to Law ; were fined (upon Adjornm* as above) 40s (&
ffees) in mony: But ye Councel respited ye sd nfine during pleasure.
Jeremy Hodsdon of ye Gr1 Island, prsented for unlicenced selling
drink at his house ; Examined upon Adjornm1 hither : But ye matter
not fully proved against him, he was discharged, paying ffees.
In like manner Samuel Rand of ye Gr* Island, discharged.
Upon Informac'on ore tenus by Jos : Purmont, & proof made ag*
Hen : Crown of ye sd Gr1 Island, his permission of several unlawful
Plays & games in his house, as Billiards, Tables, &c The sd Mr Crown
was fined 20s, & ffees.
Ordered, for ye discountenancing of unlicenced persons & houses ;
y* Jo : Amazeen constable of ye Gr* Island, Do forthwith take down ye
sign of ye Dolphin from ye house where it hangs there.
Upon Compl1 by Mrs Joce of Portsm0 agl Will Chaplain of ye Isles
of Shoales, who refused to take agen his own Child (an ideot) having
bin kept & maintain'd by her for above three years last past, & by
reason of it incapacity, proving very burdensom & greevous to her :
The sd Chaplain on ye other side alleaging his inability, & ye sd Mrs
Joce her promise to keep his sd Child as her own, upon his abating
20s out of wages for his Sea service by him to be done :
Ordered, That both Parties shal join, & bear an equal charge in ye
maintenance & bringing up of ys sd Child, which shal remain in ye
custody, at ye house of (or other place convenient provided by) Mrs
Joce. And Chaplains 401 bond (with surety) for his appearance, &
abiding ye Councel's Order therein, shal stil stand out ag1 him, &
be security for ye same purpose.
Upon full Hearing & Debate of ye Cause depending between ye
Daughters of Thomas Walford Senr dec'sd, and his Grandson Jeremy
680 PROVINCE OF NEW HAMPSHIRE.
Walford; And upon considerac'on had of ye Last wil & testam* of ye
sd Tho : Walford Senr ye Grandfather ; & especially of ye pt wherein
he bequeaths a certain house & land, whereof he was seised in fee,
to his Grandson Tho: Walford (since deceas'd) in general words only,
without words of inheritance, or any intent appearing to give him
more then a freehold (or estate for life :) It was agreed by ye Coun-
(i l, That ye reversion of ye sd particular estate revrts to ye Right
heirs of ye Devisor (or donor,) which falls out to be ye said Daugh-
ters of ye sd Grandfather Tho : Walford : And They do Give Judg-
ment for them to enter, & have possession of ye land & prmisses in
Question: And that ye sd Estate be equally devided among ye sd
Daughters, viz ; Jane Goss, Hanna Jones, Mary Brooking & Eliza-
beth Savage. And do likewise Order, ffive pound to be paid (for
costs in mony, or ye value) by ye sd Daughters to ye Treasr of ye
Province, for defraying ye charge of ye several Hearings of ye Cause.
There being Two Places vacant in ye Councel, by reason of ye
death of ye late Presid* the Honble John Cutt Esqr & that of Samuel
Dalton Esqr, the Presid* & Councel made choice of Two other per-
sons, viz : Rich : Waldron Junr Esq, & Ant : Nutter Esqr, And of Two
more each of them, namely to Mr Waldron, Mr Nath : Wire ; & Mr
Peter Coffin ; And Mr Will More, & Mr Reuben Hull to Mr Nutter.
All whose names are to be sent for England, in pursuance of ye Kings
Royal Com'ission.
And Ordered, That Notice thereof be given to Dover (where ye
abovesd R: Waldron Esqr & Ant : Nutter Esqr were Deputies) by Or-
der to the Constable there, forthwith to call a Town-meeting, for the
Elecc'on of Two persons to supply their Places in ye Gen1 Assembly.
Capt : Tho : Daniel One of ye Councel, assign'd Gardian to Ed-
ward West Jim an infant, son of Edw : West of ye Gr1 Island de-
ceased.
Henry Roby of Hampton, a Trustee for some of Geo : Walton's
estate, whereof he formerly infeoffed ye sd Roby in trust for ye use
of his son in-law Edw : dec'sd, and other uses ; Own'd thesd Trust, &
that it was formerly also own'd & accepted by him.
Christ: Kenaston, for pulling down ye ffence of one John John-
son (which occasioned a quarrel,) & other misdemeanours ; Sentenced
to have ten stripes on ye bare back ; And to pav costs of witnesses, &
ffees.
Tho : Avery, for striking & wounding Will Cate, & breach of ye
Peace Sentenced to pay 20s ffine to y° Treasury ye cure of ye sd
Cate & eosts & ffees, or stand com'itted &c.
Joan Avery for being drunk, Ordered to sit in ye Stocks one
hour, or redeem by paying 5s in mony (& ffees) or stand com'itted.
She had leav to redeem & pay ye five shillings.
PRESIDENT AND COUNCIL. 68 1
Ordered, That ye Select-men of Dover, & those of Portsm0, Do
forthwith take effectual care, that a Way be laid out from Mr
Vaughan's Tanyard to Bloudy-point ; And by making bridges over ye
gutters that way (or otherwise) to make ye sd gutters passable.
The Councel taking notice of ye insufficiency of ye Ways from
Exceter to Cacheecha ; Do Order ye Select-men of Dover, together
with those of Excetr forthwith to cause ye sd ways to be sufficiently
repaired & amended. And do also Order & appoint a bridg to be
erected over some part of Lampereel River, from one side thereof to
ye other.
Whereas Compl* has bin made of ye ill management of (& non
attendance at) ye fferry at Bloudy-point ; The Councel do Order ye
Selectmen of Dover to make inspecc'on thereinto ; & take care that it
be remedied. And they are impower'd to settle it for ye best accom-
'odac'on of the Country, by placing ye sd fferry on one, or ye other
'side, of ye River according to their discretions.
The Councel taking notice of ye badness of ye prsent way, leading
from Greenland to Exceter ; Do Order, the Select-men of Excet1, to-
gether with those of Portsm0, forthwith to cause, that a new way be
laid out, such as shal be nearest & most convenient for passengers.
And do also Order, & give them power, to cause a sufficient bridg to
be made & erected at Wheelwrights Creek for public accom'odac'on.
Ordered, That ye Seer have power to grant Attachments War-
rants & Summons.
Richard Waldern president
Elias Stileman Dep* p^id1
Richard Martyn
Wm Vaughan
Tho : Daniel
Jobe : Clemts
Rich : Chamberlain Seer.
[Proceedings of the President and Council from Nov. 22, 1681 to
Aug. 21, 1682, taken from State Papers, Colonial, Vol. 57, in Public
Record Office, London, Eng.]
[Seal] The Acts Order & Proceedings of the Presid1 & Councel of
His Majts Provce of New-Hampshire in New : Engld Since
ye Transmission in Octob1' last An° D'ni 1681./
At a Meeting of ye Councel Novembr 22th 1681 at Portsmouth To-
gether with ye Committee of ye Militia for ye War-Rate. An Agree-
<
682 PROVINCE OF NEW HAMPSHIRE.
ment was Ordered to be drawn & signed as follows. Whereas there
is an Order for ye laying out of a Highway from Mr Vaughans Tan-
yard to Bloudy-point, & ye Select-men of Portsm0 object to ye incon-
venience therein, by reason it is to run thro several mens Lots : We
therefore ye persons concern'd as Proprietors, do under our hands give
liberty for the said Highway to run thro oar lands, without requiring
any satisfaction from Town or Country
\ Elenor Cutt Jeane Joce
Will Vaughan, so far as concernd
Richd Jackson
I^John Jackson
Christopher Kenaston being taken with a parcel of Kersy cloth,
which he had stollen from John Dam of Oyster river, & convict there-
upon, was Sentenced, first to pay threefold to ye Party Greeved
(Dam,) viz : ye cloth which was found with the Delinquent, & brought
into Cour1, is to go for a third part 7s 6d at which sum it was valu'd
by persons appointed by the Councel at 2s fp yard : & one pd two shill
6d more in mony. Likewise to receiv Twenty eight stripes on his
naked back. And because this was his third crime of ye same nature,
he was fined 31 to be paid in mony, or goods equivalent, besides
costs & fees.
Georg Hunt also, who has ingaged to ye Constable (upon delivery
of ye said criminal into his custody) for his forth coming ; is Ordered
to bring him ye said Kenaston forth within six days inclusively, that
is to say by Munday next (the 28th instant,) or els to undergo his
abovesaid corporal punishment, or pay his fine.
And further, the said Hunt is obliged, not to dispose of any part
of the said Kenastons estate (whereof Hunt is by purchase now pos-
sess'd) til security given by him that ye sd Kenastons Wife shal not
be chargeable to ye Town, nor until his debts be paid.
Ordered, That a Warrant issu, for ye apprehending in any place
whoever, such persons as ye Constable has in his list, who have ye
War-rate in their hands, & fly out of this Province.
At the General Assembly at Portsmoth March 7th 1681.
Upon the Petic'onof Abigail Ellins Relict & Adm'nstreof Antony
Kllins deceased, against George Walton of Great Island for waste &
trespas committed & done upon her land ; Ordered by consent of ye"
said Parties, That ye said Walton shal forbear to cut wood in, & shal
remove his sheep off ye land called Antony Ellins his Island, til a
Trial of ye title at Law be had ; To which ye Councel referrs ye said
Parties.
Thomas Tiiurton was accused for abusive & contemptuous lan-
guage against ye Councel, ye Kings Autority in the Province of N:
PRESIDENT AND COUNCIL. 683
Hampshr, viz : for saying, They were Rebels against His Majty And
did deny ye Kings Letter & Broad Seal : And that they were a parcel
of cursed Rogues ; And that They would deny the King himself if he
were here: Likewise that He hoped he should see them all hang'd
before he was much older. Thurton being apprehended, brought
before ye Councel, & examined upon ye prmisses, & the abovesaid
particulars (appearing in several depositions on file) proved against
him; The Councel do Sentence him, to be a prisoner in Hampton
gaol during one month's space; within wch time if he do not pay
Twenty pounds for a fine (which he is hereby Order'd to do, with
costs & fees,) he shal be sold by ye Treasurr who is hereby impowered
to make sale of him for ye payment of his said fine, &c And the said
Thurton is to remain in the said Gaol, til ye Treasur1" can dispose of
him as aforesaid.
The costs & fees amount to Two pod eighteen shills & six pence.
The Deputies adjorned March ye 9th 168 1/2 to ye first Tuesday in
July next unless ye Councel see cause to convene them before.
RiCHd Sewer made choice of his Master William Vaughan Esbr
One of ye Councel, to be his Guardian ; And ye Councel assigns him
Guardian accordingly.
Capt11 Walter Barefoot, William Hoskins (apprehended by
vertu of the Councel's Warrant) & Thomas Thurton (in custody) ap-
peared before them to answer to a Complaint by Petic'on of Robert
Elliot of Gr* Island merch1 for seising his vessel being a bark called
Gift of God (late in ye possession of Eli Nichols) without any power
from ye Autority, under prtence of His Majts Name, &c. prout (inter
alia) & Peticon on file.
The said Capt" Barefoot upon examinac'on (amongst other
things relating to the premisses on file, did own ye said seisure, &
that he did order the said Hoskins & Thurton so to do, & likewise
the setting up ye Kings Colours in the said Vessel, & their taking ye
sails from the yard ; And that he had instructions to seise from Ed-
ward Randolph Esqr in order to a new trial
Hoskins & Thurton did also confess their actual seising ye sd ves-
sel, & loosing the sails (most part of them from ye yard) by ye King£
& ye said Captn Barefoot'" s) Order for ye King's use.
March 8th
Captn Barefoot, Hoskins, & Thurton appearing again, produced
the Grants of Deputac'on from ye Kings Collector Survey1" & Searchf
of His Customs in New Engld Edward Randolph Esqr, & acknowl-
edged them to be their respective evidences & Warrants for their
seisure (as aforesaid) for His Majts use.
.684 PROVINCE OF NEW HAMPSHIRE.
March 10th
The said Examinates appeared
Upon hearing the defence of them, ye said Capt" Walter Barefoot,
William Hoskins & Thomas Thurton upon ye said Complaint of Rob-
ert Elliot against them, viz: that ye said Captn Barefoot William
Hoskins & Thomas Thurton have without ye knowledg of this Au-
tority (which renders them contemners thereof) seised a Vessel of
ye said Elliot, wch they have severally acknowledged to have done for
ye Kings use, but without showing any breach of any Statute, altho
demanded ; Which hath occasioned ye breach of the Peace & disturb-
ance of His Majts Subjects : The Councel give Sentence, & do
•Order the said Captn Barefoot to pay Twenty pound fine, which
They do respit (during their pleasure) upon his good behaviour;
William Hoskins & Thomas Thurton to pay five pound apeece, res-
pited (during pleasure) in like manner upon their respective good be-
haviours. And the said Captn Barefoot, Willia111 Hoskins & Thomas
Thurton to pay 20s in mony for fees by equal portions equally, or
:stancl committed : Leaving ye Complain1 to the Law for his damages.
Ordered, That Captn Barefoot, Hoskins & Thurton have liberty
to take & have again their respective Papers & evidences, by ye
Councels Order filed with ye Secret, paying him for ye copies
thereof, which he is to take & keep on file.
Ordered, That Warrants issu out to ye Constables of Portsm0,
for the apprehending of Elihu Gunnison, & Andrew Litle John als
Peterson, & bringing them before ye Councel, if sitting, to answer
for their tumultuous carriage, & swearing, about seising a Vessel : Or
if the Councel be not met, before any Member thereof, who shal
dispose of them til a ful Councel sit.
Upon the Motion of Mr Phesant Eastwick, to be free from com-
mon training, being a Practitioner in ye Art of Physick ; Ordered,
That ye said Mr Eastwick be priviledged from such common trainings,
paying five shillings yearly to ye Captain of ye Company under whose
Command he is, and where he dwells, to ye use of the Souldiery.
John Roberts Head-Marshal of this Province, having signified his
inability (by age & indisposition) to serv ye Country any longer, and
desiring his Quietus, from ye time of the Councel's sitting at Hamp-
ton Court last ; is discharged accordingly. And Henry Dow Or-
dered to be sole Marshal of this Province of New Hampshire, And
to have ffive pound ^ ann° Salary for executing his said Office of
Marshal.
It is Ordered by the General Assembly & ye Autority there-
of ; That all Ships, Ketches, Barks, Sloops, Lighters, or other Ves-
sels belonging to the Inhabitants of ye Massachusets Colony, May
PRESIDENT AND COUNCIL. 68$,
have free egress & regress into any of the Ports or harbours within
this Province, and have free liberty to trade as before our late charge,
without being liable to pay Powder-mony, or any other duties, but
what our own Inhabitants are liable to pay for their Vessels : Pro-
vided ye like Order be made by ye General Court of ye Massachu-
sets Colony ; respecting all Vessels belonging to ye inhabitants of
this Province. It is to be understood That this Act shal reach all
vessels belonging to us or them, coming directly from forain Parts to>
our or their Ports or harbours as wel as from any Ports or harbours
within ye united Colonies, or ye neighbouring Provinces.
It is also Enacted by the Autority aforesaid ; That what
goods or merchandise being imported into any of their or our Ports,
having paid ye Customs at importac'on, shal not be liable to pay any
further or other Custom then aforesaid, upon transportation to any"
of our or their Ports ; it appearing by Certificate from ye Collector"
of ye Place whence such goods came, that ye Custom is paid.
This Order not to take place until the like Act be made by ye
General Court of ye Massachusets Colony.
It is Enacted by the General Assembly, That a Rate shal;
forthwith be made & issu'd out on all ye Inhabitants within this
Province of New Hampshire, at one peny in ye pound, on persons 8t
estates ; to be paid in mony, or in ye species following That is to say
Wheat at five shills f bushel. Boards at 30s f m : foot.
Pease at four shillings. White-oak Pipe-staves at three \
Malt at three shills six pence, pound ^ thousand j-
Indian corn at 3s "$ bushell. ffish two rials under price curr1
To be paid at ye usual places for delivery, Rate pay.
And That ye Select-men in ye several Towns, do forthwith per-
form ye duty of their Places in making such Rates, & committing
them to ye respective Constables to be immediately collected, & the
same to be transmitted to ye Treasurr of ye Province upon ye Prov-
ince charge.
Ordered, That this Act be publish'd, under the Province Seal,
in ye four Towns
At a Meeting of ye Councel at Portsm0 May 2d A'o D'ni 1682
Whereas there was a Petic'on prsented in the name of ye Inhab-
itants of ye Great Island, to the Presid* & Councel, for their appro-
bac'on & allowance of a Minister of the Word to be setled in ye sd
Gr* Island, for the reasons therein contained ; Ordered, That ye
Select-men of Portsmouth do forthwith cause a Town-meeting for the
agitation of, & conference concerning ye prmisses, & make their Re-
port of ye result thereof to ye Councel at their next insuing Court-
in June.
6S6 PROVINCE OF NEW HAMPSHIRE.
Whereas Adm'nstr" of ye Estate of Edward Cowel deceased, at a
County Court held at Dover in June 1677, & adjorn'd to ye 31th of
( )ctobr was granted to Agnes Cowel Relict of ye sd Edwd Cowel ;
And an Inventory of the sd Estate upon oath brought into Court ;
And there being no further proceeding in ye management of ye p1-
misses by reason of ye death of ye sd Agnes : The Councel Grants
Adm'nstr11 of ye sd Edwd Cowels unadministred Estate to Jethro
ffurber, who married Annie ye sd Edward & Agnes Cowels daughter.
Who is hereby Ordered (& doth ingage) to make further Adm'n-
str" according to Law of ye sd Intestate Edwd Cowel sd unadminis-
tred Estate.
The Councel do assign ye sd Jethro ffurber Gardian to Samuel
Cowel yongest son of ye sd Intestate Edwd Cowel ; And allows him
for ye maintenance & education of ye sd Samuel til his age of 14
years, after ye rate of 61 ^ an° 451, to which by computation it
amounts to. Out of which the sd Adm'nstr1" Jethro ffurber shal be
abated proportionably to ye years and time ye sd Samuel shal want
of the sd 14 years, if he shal happen to dye before ; And one moity
of ye sd Estate, after deduction of the sd 451 shal remain to Edwd the
eldest son of ye sd Edwd ye Intestate ; and ye other moity to ye sd
wife of ye sd Jethro & ye yonger son ye sd Samuel, to be equally de-
vided between them. And ye sd Adm'nstr1" is to have the manage-
ment of ye sd Estate til further Order. And ye wearing cloathes
rings, & other things shal go as disposed of by ye sd Agnes.
Jethro ffurber brought in an Inventory of ye sd Estate upon
oath, allow'd by the Councel.
George Snell is discharged from ye Estate menc'on'd in & by the
said Inventory, whereof he was possess'cl in right of his, in consider-
ac'on of his resigning to ye Councel, & from auy account thereof.
Whereas it hath bin Enacted among other things, That it shall
be lawful for either of ye Marshals in this Province, to levy execu-
c'ons, & serv attachments & warrants in any part of ye sd Province :
And whereas a doubt hath bin made, how far ye sd Marshals power
extends, and whether they shal serv ^ such process, &c. (as aforesd)
upon ye river ; The Councel think fit by way of explanac'on to de-
clare ye intent & mean'g thereof to be in ye affirmative : And Or-
DEr'd accordingly. And also, yl any ye Constables of this Province
shal have y° same power with the Marshal, in their respective
prcincts.
Dated at Portsmouth Richard Waldern presidnt
Aug : 2 il 1682. Elias Stileman Dep^' Prsidl
Richard Martyn
Wm Vaughan
Tho : Daniel
Job Clements
Richd Chamberlain Seer
PRESIDENT AND COUNCIL. 687
[Proceedings of President and Council of New Hampshire, from
October 4 to October 14, 1682, taken from State Papers, Colonial,
Vol. 57, in Public Record Office, London, Eng.]
[Seal.] At a Councel held at Portsmouth
October ye 4th 1682.
A new Commission from His Maty produced by Edward Cranfield
Esq1", Constituting him His Mats Lieutenant Governour & Comman-
der in chief of this His Province of New Hampshire, was read, & ac-
cording to the direction in the said Commission, the said Edwd Cran-
field Esqr was by ye Persons nominated & appointed therein to be of
ye Councel, sworn upon the Holy Evangelists ; and He took ye Oaths
of Allegiance & Supremacy, And Robert Mason, Richard Waldron,
Thomas Daniel, William Vaughan, Richard Martin, John Gilman,
Elias Stileman, Walter Barefoot, & Richard Chamberlain Esqrs, were
all in like manner sworn. And ye old Com'iss" was declared to be
void in & by vertue of ye said new Com'is11. The old Seal of ye
Province having this Inscription, Sigillum Praesidentis et Consilii de
Provincia Novae Hamptoniae in Nova Anglia, was by ye Governour
demanded (as directed by the said New Commiss") & deliver'd up to
Him by the late President Richard Waldron Esqr, And a new one of
Silver brought by the Govern1", having these words around it, Sigil-
lum Provincial Nostras Novae Hamptoniae in Nova Anglia, was
shown, & is to be kept & in custody of the Governour.
Agreed & Ordered by the Govern1' by & with ye advice & con-
sent of the Councel, That ye following Proclamac'on or Publication of
ye Honble Edwd Cranfield His being Constituted Governr (as above-
said) be made in ye ffour Towns in these words.
New Hampshire By the Govern1"
Whereas Hrs Most Excel* Ma^ Our Soveraign Lord King
Charles Ye SECd, Hath thought fit to make void His Royal Com-
'issn of ye 18th Sept 1679 & all ye clauses matters & things therein
contained ; And hath by a new Com'ission or Patent under ye
Great Seal of Engld bearing date May ye 9th 1682, Constituted & ap-
pointed me Edward Cranfield Esqr His Lieuten1 Governr & Com-
'ander in chief of this His Province of New Hampshire : I do there-
fore according to His Mats Command, publish ye same. And all the
Inhabitants of ye said Province are hereby required in His Mats Name
to take special notice thereof, & to give obedience thereto accor-
dingly.
And all Officers Civil & Military, are to continue in, & discharge
ye duty of yr respective Offices & Places, til they shal receiv further
Order therein.
688 PROVINCE OF NEW HAMPSHIRE.
Dated at Portsm0 this 4th day of October 1682, in ye 34th Year of
His Mats Raign
(Directed to ye Constables of each of ye 4 Towns.)
The Councel adjorn'd to Octobr 10th following.
At Ye Meeting of ye Govern1" & Councel at Portsm0 Octobr 10th'
A'o D'ni 1682.
The Govern1" & those of ye Councel were sworn upon ye Book (as
before) in the Oath for due execuc'on of their Trust, & adm'nstrac'oa
of Justice in their respective Places in this form following, taken front
ye old Com'is11 none being particularly appointed by ye new.
You shal swear, well & truly to administer Justice to all His Mats
good Subjects inhabiting within ye Province of New Hampshire un-
der this Government ; & also duly & faithfully to discharge & exe-
cute the Trust in you reposed, according to ye best of yor knowledg.
You shal spare no person for favour or affection, nor any person greev
for hatred or ill will. So help you God.
And (ye Statute book being as yet wanting) ye Govern1" & Councel
subscribed ye Test or abjurac'on of Transubstantiac'on in ye Holy
Sacrament of ye Lords Supper, having said after ye Clark of ye Coun-
cel, as ye form is, in these words.
I EDWd Cranfield (so I Rob4 Mason, &c.) do declare, That I do.
beleev that there is not any Transubstantiac'on in ye Sacrament of ye
Lords Supper, or in the elements of bread & wine, at or after ye con--
secrac'on thereof by any person whatsoever.
Ordered by ye Govern1" in Councel, That ye Seer & CI : of ye Coun-
cel have the Records books & papers relating to ye business of ye
Province, delivered to him ; & that he have all due Perquisites pursu-
ant to his Com'ission.
The Governour in Councel doth Order, That all Com'issions
from His Maty and His Royal Highness, be entred in ye Councel
Book, & in ye Secretaries Office Viz :
His Mats Royal Commission impowering Edward Cranfield Esqr
His Lieuten* Govern1" & Com'ander in chief of His Mats Province of
New Hampshire, bearing date May 9th 1682,
His Royal Highness ye Duke of York's Com'ission, made to ye
Governour, for the execuc'on of ye Office of Vice-Admiral : And His
Com'issus for Judg Register & Marshall of ye Admiralty, all bear-
ing date June 29th 1682.
The Com'ission from His Maty to William Blathwayt Esq1" consti-
tuting him Surveyor & Auditor General of all His Mats Revenues in
America, bearing date May 19th 1680. And ye said William Blath-
wayts Grant of Deputac'on to Richd Chamberlain. Esq1" for this Prov-
ince of N : Hampshire.
PRESIDENT AND COUNCIL. 6Sg>
His Mats Com'ission to Edward Randolph Esqr, appointing him'
Collector Surveyor & Searcher of His Mats Customs in New Engld!
bearing date Octobr 15th 1681.
The Secret & Clark of ye Councel of N : Hampshire his Commis-
sion from His Maty bearing date Sept 30th 1680.
Ordered likewise by ye Governr in Councel, That ye Letters, viz :
That from ye Right Honble the Lords Commission1"5 of ye Treasury,
relating to ye Kings Revenues in America : And that from ye Right
Honble ye Lords of ye Committee for Trade & Plantac'ons to ye Seer
& CI : of ye Councel for Transmission of ye Public Acts & affairs,
having all bin read, with due obedience thereto injon'd, be entred in
ye Councel Book & in ye Secretaries Office.
RiCHd Waldron & Richd Martin Esqrs were by ye Governr suspen
from ye Councel according to His Mats Instructions under ye Signet
or Sign manual ; upon certain accusations & charges exhibited ag*
them.
Ordered by ye Govern1" in Councel, That a Sum'ons or Warrant
issue forth in His Mats Name, & agreeable with His Royal Com'issn
and be directed to ye Constables of the four Towns respectively, for
ye election of Deputies for ye General Assembly Viz :
N : Hampshire By the Governour.
In His MAts Name You are hereby required, with ye soonest con-
venience to call together ye frreeholders of ye Town of Portsm0 (so of
ye rest) for ye chusing of Three persons (so Two for Excef) of ye
same ; such as shal be fitly qualified to be Deputies for ye Gen1 Assem-
bly. And ye Three persons (so Two) so elected by ye Majority of
Votes (as hath bin used) Shal make their personal appearance at Mr
George Snell's house at Portsm0 on ye second Tuesday in November
next (being ye 14th day thereof) by nine a clock in ye forenoon, in or-
der to making of such Laws & constitutions as are agreeable to this
place, & not repugnant to those of Engld according to His MatSr pres-
ent Com'ission. And you shal return ye names of the elected Dep-
uties ; & if any of them shal be absent from ye Town meeting you
shal give him notice of such his election. Hereof fail not.
Dated at Portsm0 Octobr 4th 1682.
And you are also hereby required to administer ye Oath of Allegi-
ance to all His Mats Subjects inhabiting within ye Town aforesaid
(Directed to ye Constables.)
Ordered, by reason of some opposition lately made to ye Consta-
bles in levying ye Rates, That a Warrant issue forth for ye impower^
ing them therein, as follows.
47
69O I'ROVINXE OF NEW HAMPSHIRE.
\: Hampshire By the Governour.
Whereas His Ma'>' by His Royal Com'ission bearing date ye
Ninth day of May, in ye 34th Year of His Raign, Hath bin pleased to
continue ye Taxes or Rates by ye late Government already assessed
& imposed upon ye Inhabitants of this His Province of New Hamp-
shire, til ye General Assembly shal have considered & agreed on ye
fittest ways for raising Taxes for defraying ye charge of ye Govern-
ment : These are therefore to require you in His Mats Name, wel and
truly to do yor duty in reference thereto, & forthwith to collect &
levy all & singular ye Taxes or Rates wch are already assess'd accord-
ing to the method and power prescribed & given you by ye late Au-
tority. Hereof fail you not at your peril. Dated at Portsm0 Oct. 14th
1682 (Directed to ye Constables.)
Ordered, by ye Govern1" in Councel, That Captn Daniel & William
Vaughan Esqrs, & of ye Councel, take order for a convenient Meeting
place for ye Councel & Deputies of the Gen1 Assembly in some pri-
vate house in Portsm0 : It being His Mats Pleasure & Command not
to have any in Taverns & such like public places.
Octobr 13, 1682
Eltas Stileman Esqr delivered up ye Books of records, & ye pa-
pers on file. Which by the Governours Orders were received by the
Seer & CI : of ye Councel according to a form or Order : A catalogue
of which is hereunder written. Viz :
One Book of Records bearing date 1640. Records of Portsm0 qu : Court 1666.
One other Book of records dated 1658 Records of Portsm0 qu : Court 1678.
One other Book containing Bils of sale Records of Portsm0 Co* of adjornm1 1667.
& mortgages, dated 1667. Records of Dovr qu : Court 1663.
( )ne other Book of records dated 1674 Records of Dovr qu : Court 1659.
Two Books of records of yc Court of As- Records of Dovr qu : Court 1661.
sociates, bearing date 1663, & 1675. Records of Dovr Co* of adjornm' 1671.
Edw°* Randolph 6c Mark Hunkins Case Recds of Portsm0 qu : Court 1672.
1679. Records of Dover qu : Court 1680.
Records of Dover Court 1673 Records of ye County Court 1679.
Records of Hampton quartr Court 1681. Records of Portsm0 qu . Court 1670
Records of I [ampton qu : Court 1680. Records of Dov1' Co* of adjornm* 1677.
Records of Dover qu: Court 1681. Records of Portsm0 qu : Court 1668.
Records of Portsm0 qu: Court 1664. Records of Portsm0 qu : Court 1662.
Records of Dover Court 1675. Records of Dover qu : Court 1667.
Records of Portsm0 Court 1680. Records of Portsm0 qu : Court 1666.
Records of Portsm0 Court 1682. Records of Dover qu : Court 1665.
Records of Portsm0 Court 1676. Records of Portsm0 qu : Court 1674.
Old records before Capt" Stilemans time. Records of Dover qu Court 1669.
The above written Records (excepting a few) are all ye Records
books & papers that concern ye Public, in his hands ; as attests Captn
PRESIDENT AND COUNCIL. 69I
Stileman above said : And were by the Govern15 Order rec'd by me
Richd Chamberlain Seer & CI : of the Councel.
Ordered by ye Govern/, that Richd Chamberlain Esqr have ye reg-
istring or recording of all Bils & Deeds of sale, mortgages & Wils
{all which are hereby Ordered to be so recorded) as Perquisites &
appertaining to his office of Seer of ye Province & CI : of ye Councel :
As also, That he be Clark of all the Courts of Judicature held within
ys Province ; & have ye entry of all Actions Appeals & Judgmts & the
making of all process writs of attachm* & other writs & Execuc'ons,
during ye pleasure of ye Governour, & do all other acts relating to ye
sd Courts.
Ordered by ye Govern1" in Councel, That Richd Martin Esqr &
Capt11 Stileman give in their respective Accots to be audited by Richd
Chamberlain Esqr Viz : ye sd Martin his Accots of all monies raised
since His Mats Royal Com'iss11 of ye 18th Sept 1679 : & CaPtn Stile-
mans Acco* of y8 powder mony since y* time.
ACTS AND LAWS
PROVINCE OF NEW HAMPSHIRE,
i6qq.
Reprinted by the State
- 1893 -
From the Original Imprint Now in the Custody of the Historical Society of Penn-
sylvania, by Permission of the Society.
NOTE.
The Laws of the Province of New Hampshire which are here reprinted are an
important link in the history of the jurisprudence of the state. At the time the
Acts and Laws of this province, edition of 1716, with additions containing sundry
acts passed in the subsequent years to some time in 1725, originally printed by B.
Green, Boston, were reprinted by the state in 1888, this discovery by Dr. Moore
had not been made, and the existence of the edition of 1699 was only a theory, or
was entirely unknown to lawyers and students in this country. This, of course, is
but a fragment of the body of the province laws, but it is an important addition to
the material which was previously accessible. Its presentation here may suggest
the advisability of a thorough examination of the printed laws of this province, and
of the early period of the state government, and the manuscript copies which may
remain in the English archives and in American custody, public or private, with a
view to a systematic publication of the whole in a form in which the contents of
these rare and scattered documents may be made available for use to those who are
hereafter to deal with the department of our jurisprudence in which these treasures
have place.
The credit for the discovery of the original printed copy of these laws, for obtain-
ing them from those into whose hands they had come in England, and for transfer-
ring them to the possession of an American library, is due to the late George H.
Moore, LL.D., of the Lenox library of New York. They are now a part of the
Charlemagne Tower Collection of Provincial and Colonial Laws in the library of the
Historical Society of Pennsylvania, at Philadelphia.
The editor is under obligations to the Historical Society of Pennsylvania for the
privilege of taking a copy of the original imprint in its custody, for publication in
this volume. Editor.
696 PROVINCE OF NEW HAMPSHIRE.
ANNO REGNI REGIS GULIELMI III. UNDECIMO
ACTS AND LAWS
Passed by the General Court or Assembly of
His Majesties Province of New-Hampshire
in New-England.
An Act for Restraining and Punishing Privateers and Pirates.
WHEREAS nothing can more contribute to His Sacred Majesties
Honour than that such Articles as are concluded and agreed on in all
Treaties of Peace should by all His Majesties Subjects according to
their Duty be most inviolably preserved and kept in and over all His
Majesties Dominions and Territories. And whereas not only against
such Treaties of Peace made by His Majesty with His Allies, but also
contrary to His Majesties Royal Proclamation several of His Subjects
have and do go, into Forreign Princes Services, and Sail tinder their
Commissions contrary to tJieir Duty and good Allegiance, and by fair
means cannot be restrained from so doing.
Be it therefore Enacted by His Excellency the Governor,
Council and Representatives, Convened in General Assembly,
and it is hereby Enacted by Authority of the same, That from
~ . and after Publication hereof, it shall be Felony for any
Felony, to serve ... , ., ' ,. , / . /
in hostile man- person which now doth, or withm tour years last past,
ner under any hath, or hereafter shall inhabit or belong to this Prov-
forreign Prince ince, to Serve in an Hostile manner under any For-
without Licence. rejgn prince, State or Potentate, or any Imployed un-
der any of them, against any other Forreign Prince,
State or Potentate in Amity with His Majesty of Great Britain, with-
out special Licence for so doing under the Hand and Seal of the
Governour or Commander in Chief of this Province for the time be-
ing. And that all and every such Offender or Offenders, contrary to
the true intent and meaning of this Act, being thereof duly Convicted
in His Majesties Superiour Court of Judicature within this Province,
LAWS OF 1699. 697
to which Court, Authority is hereby given to hear and determine the
^ame as other Cases of Felony : shall suffer pains of Death without
benefit of Clergy.
Provided nevertheless, That this Act nor any thing therein con-
tained shall extend to any person or persons which
now are or have been in the Service or Imploy of any Saving for such
Forreign Prince, State or Potentate whatsoever, that before* the^o
shall return to this Province, and leave and desert such of September
Service and Imployment before the Twenty Ninth Day 17°°-
of September, Anno One thousand Seven Hundred,
rendring themselves to the Governour or Commander in Chief for
the time being, and giving him such Security as he shall appoint for
their future good behaviour. And also that they shall not depart the
Province, without the Governours Ticket Licence.
And for the better and more speedy Execution of Justice upon such
■who having committed Treasons, Piracies, Felotzies, and other Offences
tip on the Sea, shall be apprehended in, or brought Prisoners to this
-Province.
Be it further Enacted by the Authority aforesaid, That all Trea-
sons, Felonies, Piracies, Robberies, Murthers, or Con- T F ,
federacies committed, or that hereafter shall be com- onjes piracies
mitted upon the Sea, or in any Haven, Creek or Bay &c. committed
where the Admiral hath Jurisdiction, shall be punished on the Sea to be
with Death ; and shall be Inquired, Tryed, Heard, De- {£q^rdfed haesar£
termined and Judged within this Province in such like COmmftted ^on
form, as if such Offence had been committed, in and Land, by Com-
upon the Land ; and to that end and purpose, Com- mission direct-
missions shall be had under the Seal of this Province, e<j! *° **"* J.ud£e
directed to the Judge of the Admiralty of this Prov- &c ^
ince for the time being, and to three or more such sub-
stantial persons, as by His Majesties Governour or Commander in
Chief of this Province for the time being, with the advice and con-
sent of the Council shall be named and appointed, which said Com-
missioners, or such Quorum of them as by such Commission shall be
thereunto Authorized, shall have full power to do all things, in and
about the Inquiry, hearing determining, adjudging and punishing of
any of the Crimes and Offences aforesaid, as any Commissioners to
be appointed by Commission under the Great Seal of England, by
virtue of a Statute made in the Twenty Eighth Year of the Reign of
King Henry the Eighth are Impowred to do and execute within the
Kingdom of Engla?id. And that the said Offenders which are or shall
be apprehended in, or brought Prisoners to this Province, shall be
698 PROVINCE OF NEW HAMPSHIRE.
liable to such Order, Process, Judgments and Execution, by virtue of
such Commission to be grounded upon this Act as might be awarded
or given against them if they were proceeded against within the
Realm of England, by virtue of any Commission grounded upon the
said Statute. And all Tryals heretofore had against
All rryals here- sucj1 Criminal and Criminals before any Judge or Judges
virtue of such ky virtue of such Commission or Authority at any time
Commission rat- heretofore granted, and all proceedings thereupon are
ified. hereby ratified and confirmed and adjudged lawful.
And all such Judges with all and every the Inferiour
Officers that have acted thereby, are hereby Indempnified to all in-
tents and purposes what soever. And in case they or any of them
shall at any time hereafter be sued, vexed, molested or troubled for
any such their Proceedings as aforesaid, he or they so sued, vexed
molested or troubled, shall plead the General Issue, and give this Act
in Evidence : Any Law, Statute, Custom or Usage to the contrary in
any wise notwithstanding.
And be it further Enacted by the Authority aforesaid, That all
and every person and persons that shall any way know-
Persons know- mo-]v entertain, harbour, conceal, trade or hold any
m^lv entertain- °7 , ', T ' , ' . .,, J
in! harbouring correspondence by Letter or otherwise, with any per--
concealing or son or persons, that shall be deemed and adjudged to
corresponding be Privateers, Pirates, or other Offenders within the
with any Privat- Construction of this Act, and that shall not readily
eers or Pirates , , , , £ • , . , , . '
to be accounted endeavour to the best of his or their power to appre-
Accessaries and hend, or cause to be apprehended such Offender or
confederates. Offenders shall be liable to be prosecuted as Accessa-
ries and Confederates, and to suffer the like pains and
penalties as in and by this Act is provided for the Principals.
And for the better and more effectual Execution of this Act.
Be it further Enacted by the Authority aforesaid, That all Com"
mission Officers in their several Precincts within this Province are
r. • - r\c hereby required and Impowred, upon his or their knowl-
c ommissiOD Ot- . . .
ficers Impowred cc^&e» or credible notice given that any Privateers, Pi-
and required to rates, or other persons suspected to be on any un-
seize & appre- lawful design, are in any place within their respective
lend all Pnvat- precincts, to raise and levy such a number of well
eers Pirates ovic.
Armed men as he and they shall think needful for the
seizing, apprehending and carrying to Goal all and every such person
and persons ; and in case of any resistance or refusal to yield Obedi-
ence to His Majesties Authority, it shall be lawful to kill or destroy
such person or persons ; and all and every person and persons that
LAWS OF 1699. 699
shall oppose or resist by striking or firing upon any of the Com-
manded parties, shall be deemed, taken and adjudged as Felons, and
shall suffer the pains of Death. And every such Officer that shall
omit or neglect his duty herein, shall forfeit Fifty
Pounds, currant Money of this Province for every such Penalty f°r p".
Offence, to be recovered in any of His Majesties duty.
Courts of Record within this Province, by Bill, Plaint
or Information, wherein no essoign, wager of Law or protection shall
be allowed ; one Moiety thereof to be to our Soveraign Lord the
King, His Heirs and Successors, for and towards the Support of the
Government of this Province and the contingent Charges thereof ;
and the other Moiety to the Informer. And all and every person
and persons that upon orders given him or them shall p . -
refuse to repair immediately with his or their Arms appearance i n
well fixed and Ammunition, to such place or places as Armes.
shall be appointed by the said Officer, and not readily
obey his Command in the premises, shall be Imprisoned without Bail
or Mainprize, until the next General Sessions of the Peace within the
same County, and by the Justices of the same Court fined, not ex-
ceeding Ten Pounds, or be corporally punished, not exceeding Ten
Stripes, at the discretion of the Justices.
For the better Encouragement to make diligent Enquiry after, and
Seizure of Pirates Goods.
Be it further Enacted by the Authority aforesaid, That whatso-
ever person or persons shall make discovery and seizure
of any Goods or Treasure, that shall be brought into R.ecomP?nce foJ-
this Province by any Pirate or Pirates, or inform of or se[z[no- 0f Pi-
disclose the same, so as such Goods or Treasure be rates Goods,
seized and secured to be answerable in the Law, every
such person or persons shall have and receive as a recompence for
such Service, one fifth part of the Goods and Treasure so seized and
secured, or of the value thereof within ten days next after Condemna-
tion of said Goods or Treasure, to be paid by order of the Justices of
the Court where the Tryal shall be had, and all the Remainder of
such Goods and Treasure to be secured by order of the N ,r ,
Justices of such Court for the use and benefit of the shall be secured.
true and right Owners thereof if any such appear, by
themselves, Factors, Agents or Attorneys, within the time of eight-
een months next after such Condemnation, and shall make out their
right thereunto, all just and reasonable Charges being first deducted
and paid thereout. And if no Claimer or Claimers appear and make
out their Right thereto within the said time of eighteen months then
700 PROVINCE OF NEW HAMPSHIRE.
all the remainder of such Goods and Treasure the Charges as afore-
said, being first deducted and paid thereout to be delivered into His
Majesties Treasury within this Province, there to be lodged until
His Majesties Pleasure shall be signified, how the same shall be dis-
posed of.
An Act to return able and sufficient Jurors to Serve in the several
Courts of Justice, and to Regulate the Election of Representatives
to Serve in the General Assembly within this Province.
Be it Enacted by His Excellency the Governour, Council and
Representatives Convened in General Assembly, and by the
Authority of the same, That the Clerks of the several Courts of
Justice within this Province fifteen days at least before the day lim-
ited by Law for holding such Courts from time to time, shall make
out a Writ of Venire Facias, directed unto the Sheriff
Writ of Ventre 0f ^q Province, Commanding him in His Majesties
issued 15 days Name to Impannel and return so many good and law-
before die Court, ful men for Grand and Petit Jurors, out of the several
Towns within this Province in as near a proportion as
may be according to the number of Inhabitants, each person so re-
turned to have an Estate of Freehold worth Forty Shillings Per An-
. . f num. at the least, or Fifty Pounds Sterling in personal
jul.cors ' Estate ; And the Sheriff shall cause each person named
in his Pannel to be duly Summoned and Warned to
attend the Service of the Court where the same is returnable. The
Grand Jurors for the Quarter Sessions of the Peace, to Serve one
whole year from the time of their being Sworn, and every person
Impannelled and Summoned as aforesaid, to Serve as a Juror at any
Ti .. T of the said Courts who shall make default by not ap-
Penalty on Ju- . , .. ,. .. 0 • i7 r 1 •
rors makeino- peanng or not attending the Service required 01 him,
default. 3 shall loose and forfeit the Sum of Forty Shillings, un-
less such persons make a reasonable Excuse for the
same to be approved and allowed by the Justices of the said Court,
the said Forfeiture to be unto the use of our Soveraign Lord the
King, for and towards the Support of the Government, and for an-
swering the incident charges thereof, and to be Imposed and set by
the Justices of the Court where the Venire is returnable. And when
it shall happen by reason of Challenge, default in appearance or oth-
erwise there shall not remain a sufficient number to make up a Petit
Jury, the Sheriff by Command of the Justices of the Court shall
LAWS OF 1699. 70 1 1
return so many persons de talibus circumstantibus ■ as ~ 7 , .
1 CLL6S CIC CZfCMtt-
shall be required to make up a full Jury. And in case stantibus.
where the Sheriff shall be a party, or related to either
of the parties, the Jury shall be Impannelled and re- The Coroner to-
turned by the Coroner, who is also hereby Impowred return Jurors &
to Serve Writs in cases where the Sheriff is con- serve Writs> in
, case
cerned.
And be it further Enacted by the Authority aforesaid, That no
person Inhabiting within this Province, other than
Freeholders of the value or income of Forty Shillings Qualification of
Per Annum or upwards in Land, or worth Fifty Pounds tjveg an(j Elect-
Sterling at the least in personal Estate, shall have any ors. '
Vote in the Election of Representatives ; or be capa-
ble of being Elected to Serve in the General Assembly, and the tryal
of such Qualification as aforesaid, shall be by the last Lists of Rates
and Assessments which the Select men of each respective Town,-
are hereby required to bring with them for that end, upon all dayes
and times appointed for such Election.
And be it further Enacted by the Authority aforesaid, That
there be a suitable person Chosen in each Town after the same man-
ner used for Choice of other Officers to be Town Clerk T f] ,
to Serve in the said Office until another be Chosen ^e ch0sen and
and Sworn in his stead ; and every such Town Clerk sworn,
shall have an Oath Administered unto him, by a Jus-
tice of the Peace well and truly to Execute the said Office and Trust.
An Act for a Tax or Assessment, of
Five Hundred Pounds.
WE His Majesties Loyal and Dutiful Subjects the Representatives
of His Majesties Province of New-Hampshire, Convened in General
Assembly, do chearfully and unanimously give and grant unto His
Most Excellent Majesty the Sum of Five Hundred Pounds in Money,
humbly beseeching Your Majesty, that the same may be applyed and
appropriated unto the sole and proper use of His Excellency Richard
Earl of Bellomont, Your Majesties Governour in Chief of this Prov-
ince. In Testimony of our great regard and respect unto His Lord-
ship, under whose happy Conduct we assure our selves to enjoy great
quiet and felicity ; And pray that it may be Enacted.
702 PROVINCE OF NEW HAMPSHIRE.
And be it Enacted accordingly by the Governour, Council and
Representatives, Convened in General Assembly, and by the
Authority of the same, That the said Sum of Five Hundred Pounds
to and for the use aforesaid be Raised by a Tax or Assesment to be
made and laid in manner as is hereafter expressed, upon all persons
and Estates both real and personal lying, being and belonging to the
several Towns and the Districts thereof within this Province, accord-
ing to each Towns proportion toward the same, as followeth ; That is
to say,
I s d
Portsmouth, One Hundred & Twelve Pounds, Fifteen
Shillings 112 15 00
Hampton, One Hundred Forty Eight Pounds Eight-
een Shillings and Nine Pence 148 18 09
Dover, One Hundred Pounds, Eleven Shillings &
Three Pence
Exeter, Ninety One Pounds, Ten Shillings
New Castle, Forty Six Pounds, Five Shillings
And that the Treasurer send out his Warrant to the Constables of
the respective Towns, Requiring them to Assemble the Inhabitants
to make choice of two Assessors where they are not already Chosen
for the year, to joyn with the Select-men in making the Rate and
Assesment according to this Act to whom the Treasurer shall also
give Warrants pursuant thereto. And the Rates and Assesments
so made to be committed to the Constables of the respective Towns
by the last of September next ensuing, with Warrants from a Justice
of the Peace. And the Selectmen and Assessors to Collect the
same, and pay unto the Treasurer for the time being, in Mony by
the Twenty eth Day of December next following.
100
1 1
03
91
10
00
46
05
00
An Act for Establishing Courts of Publick Justice within this Prov-
ince.
// JIPREAS the orderly Regulation and EstablisJiing of Courts of
Justice, as well in respect of time as place for the holding of the same,
doth ■very much tend to the Honour and Dignity of the Crown, and to
the case and benefit of the Subjects.
Be it therefore Enacted by His Excellency the Governour,
Council and Representatives, Convened in General Assembly,
and by the Authority of the same, That every Justice of the Peace
LAWS OF 1699. 703
in the same Town where he resides, be, and hereby is T . f ,
fully Authorized and Impowred to hear, try and deter- Peace Impowred
mine all Pleas and Actions of Debt and Trespass, to hear & deter-
where Title of Land is not concerned, arising or hap- mine causes of
ning within this Province, to the value of Forty Shil- 4° /' vallle or
/• j j *. • t j «.«.!. • j 4. under, where
lings or under, and to give Judgment therein and to tjtje 0f Land is
award Execution thereupon, and either party agrieved not concerned,
at the Judgment or Sentence given by any such Jus-
tice in Civil Causes, may appeal therefrom unto the next Inferiour
Court of Common Pleas, the party appealing giving Security before
such Justice unto the Appellee in a reasonable Sum to
prosecute his Appeal with effect, and to answer and
pay such Cost and Damages as shall be awarded against him in case
the first Sentence be affirmed.
And for the better Conservation of the Peace, and punishment of
. Offenders.
Be it further Enacted by the Authority aforesaid. That there
shall be Held and Kept by the Justices of the Peace within this Prov-
ince or so many of them, as shall be limited by the Commission of
the Peace to make a Quorum. Four Quarterly Courts c f s
or General Sessions of the Peace yearly at the Town sjons 0f t^e
of Portsmouth on the first Tuesdayes on the Months Peace,
.of March, June, September and December from time to
time ; which said Court shall have Cognizance of all matters and
things proper to the Jurisdiction of said Court relating to the Con-
servation of the Peace, and punishment of Offenders ; according to
;the Laws and Statutes in force within this Province. And the Ses-
sions of the said Court shall hold and continue by the space of two
dayes and no longer.
And be it further Enacted by the Authority aforesaid, That
there shall be Held and Kept at Portsmouth aforesaid, an Inferiour
Court of Common Pleas by four Justices to be ap- T , . ~
inieriour Court
pointed and Commissionated thereto by the Governour, 0f Common
.or in his absence the Commander in Chief for the Pleas,
time being ; any three of whom to make a Quorum ;
the said Court to be held and begin at the time and dayes following :
That is to say, on Thursday next after the rising of the Court of the
Quarter Sessions of the Peace from time to time ; which said Infe-
riour Court of Common Pleas shall have Cognizance of, hear, try and
^determine all Actions, Matters and Causes tryable at the Common
Law, not exceeding the Sum or value of Twenty Pounds, and where
704 PROVINCE OF NEW HAMPSHIRE.
Title of Land is not concerned, and give Judgment therein and award
Execution accordingly.
Provided nevertheless, That either party agrieved at any Judgment
or Sentence given in the said Court may appeal there-
Pp6c from unto the next Superior Court of Judicature ; such
Appellant giving sufficient Security in double the Sum or value re-
covered unto the Appellee, before one or more of the Justices of the
Inferiour Court, to prosecute his Appeal with effect, and to answer
and pay such Costs and Damages as shall be awarded against him in
case the first Sentence shall be affirmed.
And be it further Enacted by the Authority aforesaid, That
there be held and kept at Portsmouth aforesaid, and not elsewhere
. within this Province a Superiour Court of Judicature
onudkature°Ur by one chief Justice, and three other Justices, to be
appointed and Commissionated thereto by the Govern-
our, or in his absence the Commander in Chief for the time being;
any three of whom to make a Quorum, on the second Tiiesday in
August, and on the second Tuesday in February yearly from time to
time, which said Courts shall have Cognizance of all Pleas, and
Causes, as well Civil (not under the value of Twenty Pounds except
where Title of Land is concerned) as Criminal as fully and amply to
all intents and purposes whatsoever, as the Courts of Kings Bench,
Common Pleas and Exchequer within His Majesties Kingdom of
England, have or ought to have, and are hereby Impowred to give
Judgment and award Execution therein, and it shall be in the liberty
of any Party, Plaintiff or Defendant agrieved at any Judgment or Sen-
. , tence given in the said Superiour Court to appeal
Governour and therefrom unto the Governour and Council. Provided
Council. the value appealed for exceed the Sum of One Hun-
dred Pounds Sterling, and that sufficient Security be
given, in manner as in and by this Act is before directed to prosecute
the same, and to pay such costs and damages as may be awarded in
case the first Sentence shall be affirmed.
And it is hereby further Enacted and Ordained, That in all
Civil Causes to be commenced at the said Superiour Court of Judica-
. i t H' ture> wnere the matter in controversie exceeds the true
Mai e s t y in va^ue and Sum of Three Hundred Pounds Sterling, it
Council. shall and may be in the liberty of the party agrieved
to review the said Cause by a new Process out of the
said Court once and no more ; and if either party shall not rest satis-
fied with the Judgment or Sentence of the said Superiour Court,
LAWS OF 1699. 705
either upon the first Tryal, or upon the Review, such party may ap-
peal therefrom unto His Majesty in Council. Provided the matter
in difference exceed the true value and Sum of Three Hundred
Pounds Sterling, and that such Appeals be made, within fourteen
days after Sentence given ; And that Security be likewise given by
the Appellant, to answer such Charges as shall be awarded, in case
the first Sentence shall be confirmed.
And be it further Enacted by the Authority aforesaid, That all
Writs and Processes for bringing any Actions or Suits to Tryal in
any of the Courts aforesaid shall be Summons, Capias w .
or Attachment, and shall Issue out of the Clerks Office forth of the
of the same Court under the Seal thereof, and Signed Clerks Office,
by the Clerk, and shall be directed to the Sheriff, Un-
der-Sheriff or Deputy, and Executed fifteen days before the day of
the Courts Sitting, and to be returned to the Court from whence the
same Issued. Writs or Processes for Tryal before a
Justice of the Peace, to be granted by such Justice, ^or Tl7al.s be-
directed unto a Constable or Constables, and to be ^ granted6 by
Executed seven days before the day appointed for such such Justice.
Tryal, & to be returned to the Justice.
And be it further Enacted, That any person appealing from any
Judgment or Sentence given in any of the Courts aforesaid, shall file
a Declaration in the Clerks Office of the Court ap-
pealed from, therein briefly assigning the Errors in Reasons 01 ^P~
such Judgment fifteen days at least before the day of |n tjie clerks
the Sitting of the Court appealed unto. And if the Office.
Appeal be made from a Sentence or Judgment given
by a Justice of the Peace, such Declaration shall be filed with the
Justice by the like time.
And be it further Enacted by the Authority aforesaid, That as
well the Justices of the Inferiour Court of Common Pleas, as the Jus-
tices of the Superiour Court of Judicature respectively ; p f ~,
where the forfeiture or penalty of any Obligation with cery -m severai
a Condition underwritten, or a penalty annexed to any Cases.
Articles, Agreement, Covenants, Contracts, Charter
party or other Specialty or Forfeiture of any Estate granted upon
condition, executed by Deed of Mortgage or Bargain and Sale with
defeazance, shall be found by Verdict of Jury, or by default or con-
fession of the Obligor, Mortgager or Vender, are hereby Impowred
and Authorized to moderate the Rigor of the Law. And on consid-
eration of such Cases according to equity and good Conscience to
48
yo6 PROVINCE OF NEW HAMPSHIRE.
Chancer such Forfeiture, and to enter up Judgment, for the just
Debt and Damages, and to award Execution accordingly, only in real
Actions upon Mortgage, and Bargain and Sale, with defeazance, the
Judgment to be conditional, that the Mortgager or Vender, and his
Heirs Executors or Administrators do pay unto the Plaintiff such
Sum as the Court doth determine, to be justly due thereupon within
two months time after Judgment entered up, for discharging of such
. f . Mortgage or Sale, and that the Plaintiff recover pos-
Courts to be session of the Estate Sued for, and Execution to be
Sworn before awarded for the same ; and the Justices of the said sev-
the Governour eral Courts as well Superiour as Inferiour respectively,
or Commander shall take the Oath following, to be Administred to
« ul^cwi^on1 each of them by the Governour, or in his absence by
as ne snan ap- J . 7 . J
point. the Commander in Chiei tor the time being, or such
as shall be by him thereto appointed. That is to say,
YOU Swear, That well and truly you shall Serve our Soveraign
Lord the KING and His People in the Office of a Jus-
tice of the Court of And that you
will do equal Law and Execution of Right to all people, poor and rich,
after the Laws in force within this Province, and Usage within the
same, and in such cases, as the Law doth specially provide to be re-
lieved in equity, there to proceed according to equity a?id good Co?i-
science, without having regard to any person whatsoever. So help you
God.
Any Law, Usage or Custom to the contrary in any wise notwith-
standing.
An Act for continuing several Rates and Duties of Customs, Excise,
Impost and Powder Money on Tonnage of Shipping.
WHEREAS in and by one Act of General Assembly of this Prov-
ince made and past in the Fourth Year of the Reign of KING William
and Queen Mary, Eutituled, An Act for defraying the Publick Charge
of the Province, there was given and granted unto their said Majes-
ties several Duties of Impost, Excise and Tonnage of Shipping in
the said Act particularly enumerated and set down; which said Du-
ties have been and are continued by Acts since made, 7intil the fifth
day of November next ensuing, at wJiicJi time they will expire, unless
revived by an Act of this Assembly.
LAWS OF 1699. 70/
Be it therefore Enacted by His Excellency the Earl of Bellomont
Governour, Council and Representatives Convened in General
Assembly; And it is hereby Enacted and Ordained by the Au-
thority of the same. That from and after the fifth clay of November
next ensuing, the several Rates and Duties set upon all Wines, Li-
quors and Merchandizes that shall be Imported into this Province,
and all Duties of Tonnage and Excise in and by the said former Act
of Impost and Excise, Custom and Tonnage Money, be, and are
hereby continued to be paid as in and by the said Act is directed for
and during the space and time of one year : That is to say, until the
fifth day of November, which will be in the Year of our Lord, One
Thousand and Seven Hundred. And the Money arising thereby to
be applyed towards the Support of this His Majesties Government.
FINIS.
MEMORANDA
CONCERNING
THE NEW HAMPSHIRE LAWS
OF 1699
GEORGE H. MOORE, LL D.
Superintendent of the Lenox library
Tamquam tabula de naufragio
NEW YORK
PRINTED FOR THE AUTHOR
MDCCCLXXXIX
Reprinted by the State
- 1893 -
From a Copy Presented to the State Library by the Author.
THE NEW HAMPSHIRE LAWS OF 1699.
The volume of Acts | and \ Laws ; \ Passed by the \ General
Court I or \ Assembly \ of His Majesties \ Province of New-Hamp-
shire I in I New-E?igland : \ Boston, in New England: \ Printed by
B. Green : Sold by Eleazar Russel \ at his Shop in Portsmouth.
1716. I has been recognized hitherto as the first printed laws of New
Hampshire. It was a small folio of sixty pages, besides the title,
and with sundry supplements added within the next ten years after
its issue, had no rival or successor for a long period of time.
The sale catalogue of a British bookseller, issued last year (1888)
in Exeter, England, changed all this, and the first printed laws of
New Hampshire now and hereafter must be dated seventeen years
earlier, in the last year but one of the seventeenth century. In that
catalogue the following item appeared, under the head of "America
and the West Indies."
"Acts and Laws passed by the General Court or Assembly of His
Majesties Province of New-Hampshire in New-England, begun and
held at Portsmouth 071 Monday, August 7th, 1699. folio, pp. 10. rare
2 I. 2 s. Boston, printed by B. Green and J. Allen Printers to His
Excellency the Earl of Bellomont, 1699."
As soon as this catalogue made its appearance in New York the
book was promptly ordered by cable ; but it had already been secured
by an English buyer, who was quick to perceive the value of his
prize, and did not relinquish it to my continued and eager pursuit
until he received pounds for his shillings.
From the time when William Smith of Exeter, N. H., first called
attention to the subject of the sources of New Hampshire Law
(Farmer & Moore : III, 201) to this day, no one of the writers who
have discussed the subject, has betrayed any knowledge or suspicion
of the fact that any of the laws of that Province were printed before
1700. Yet, strange to say, the evidence of such printing was patent
among its official records, and (stranger still) has been in print for
more than twenty years. In the identical volume of the Provincial
712 PROVINXE OF NEW HAMPSHIRE.
Records in which its Editor quotes the volume of 1 716 and repeatedly
refers to it as " the first printed laws of the Province," the history of
an earlier edition is distinctly indicated, and the evidence appears of
the fact that the Laws of 1699 were printed in the year in which
they were enacted, and that the printing, which was probably ordered
by the Governor, was paid for by the Province Treasurer.
The Earl of Bellomont, who was- Governor of New York, Massa-
chusetts, and New Hampshire from 1697 to 1701, published his
Commission in the latter province on the 31st July, 1699, at Ports-
mouth, where he met the Legislature, a few days later, on the sev-
enth of August. He was welcomed with great joy by the people and
began his administration under the most favorable auspices. The
session continued for ten clays, and the record of the last day is as
follows :
[Journal of the Council and Assembly \Jth August, 1699.]
" Several acts having passed both Houses, were consented to by
his Excellency the Govern1", and by him signed accordingly : viz :
"An Act for Restraining and Punishing Privateers and Pirates.
"An act to return able and sufficient Jurors to Serve in the several
Courts of Justice, and to Regulate the Election of Representatives
to Serve in the General Assembly within this Province.
"An Act for a Tax or Assessment, of Five Hundred Pounds.
"An Act for Establishing Courts of Publick Justice within this
Province.
"An Act for continuing several Rates and Duties of Custom, Ex-
cise, Impost and Powder Money, on Tonnage of Shipping.1
"After which his Excellency was pleased to prorogue the Assem-
bly to Monday the 18th of September next."
At an adjourned meeting, November 9, 1699 :
"Bartholomew Green, printer, his letter from Boston, dated 24th
October, 1699, was read, relating to the printing of Several Laws of
this Province, amounting to three pounds.
"Ordered, that the said sum be allowed, and an order forthwith
granted to the Treasurer for pay1 of the same."
The laws thus printed were those of which the titles are given
above, making a volume of ten pages — folio, title verso blank, pp.
3-10, ending with Finis, signatures A and B in fours and C in one.
An imitation of the title page precedes this notice.
Two only of the five statutes of 1699 appear in subsequent editions
or publications of the Laws of New Hampshire — the act respecting
1. It is a curious feature in this act that the name of the Governor accompanies his title in the enacting
clause, viz. : " Be it therefore Enacted by his Excellency the Earl of Bellomont Governour," etc.
LAWS OF 1699. 713.
Jurors and regulating the election of Representatives to serve in the
General Assembly, and the act establishing Courts of Justice. Bel-
lomont transmitted them all to the Commissioners of Trade and
Plantations, upon which they declared to the Lords Justices their
inability to make a perfect Report, because of the confusion and un-
certain state of the former Acts of that Province — but they recom-
mended the repeal of the Act for restraining and punishing Privateers
and Pirates ; and with reference to the gift of five hundred pounds
to the Governor, they advised that he be permitted to receive it.
Both these recommendations were adopted by the King in CounciL
on the 22d October, 1700.
The tax of ,£500 for the gift to the Earl of Bellomont was assessed
upon all persons and estates, according to each town's proportion, as-
follows :
Portsmouth 112 . 15 . 00
Hampton 148 . 18 . 09
Dover 100 . 1 1 . 03
Exeter 91 . 10 . 00
New Castle 46 . 05 . 00
The motive of the gift is declared in the language of the act —
" in testimony of our great regard and respect unto His Lordship,
under whose happy Conduct we assure ourselves to enjoy great quiet
and felicity."
This precious little volume, in many respects the most interesting
of all the publications of New Hampshire Laws, is not now known to
exist, save in this one copy — -and as several of the Province Laws
can be found nowhere else, New Hampshire (as Massachusetts has
done before) must resort to the collections in New York or Pennsyl-
vania to enable her to inspect the original editions, or to recover
copies, of several of her ancient statutes, hitherto inaccessible to the
modern student of her history.
Lenox Library : George H. Moore.
New York: May, 1889.
JOURNAL
ASSEMBLY [HOUSE OF REPRESENTATIVES]
OF THE PROVINCE OF NEW HAMPSHIRE.
AUGUST 7 1699 TO OCTOBER 4 1701.
NOTE.
This Journal of the House of Representatives, now first published in the series
of Provincial and State Papers, is contemporary with the Journal of the Council and
General Assembly given in Dr. Bouton's Vol. 3 of Provincial Papers, beginning on
page 64. An important distinction manifestly exists, and should be observed be-
tween the record of the Council of that period, acting as an executive and judicial
branch of the government, and its journal of proceedings while performing the ordi-
nary functions of a distinct branch of the Legislature or General Assembly of the
Province. Discrimination should also be made in reference to those features of the
record which indicate frequent sessions of the two houses in joint assembly, or as
they are now more generally termed, joint conventions. The existence of this
Journal of the Assembly, or House of Representatives, was known to the editor of the
volume above cited, for he makes extracts from it for use on pages 67, 88, 112, and 131.
The manuscript of the original is bound in an antique volume marked " 1699 to
1701," Assembly Records which also contains the Journal of the House of Repre-
sentatives from November 26, 1723, to December 12, 1724, printed in Vol. 4
of the Provincial Papers, pages 366 to 386 inclusive. A peculiarity of the manu-
script record is that the writing continues from the beginning of the book on one
page of each sheet, leaving the other page blank ; then the book is reversed, and
the record is continued backwards by using the pages of the sheets left blank in the
first record. The editor of Vol. Ill, in his preface to that volume, states that " no
Journal of the House separate from the joint Journal of the Council and Assembly
is found till 1711." His note on page 88, of the same volume, would seem to indi-
cate that the quoted statement should have been modified by some reference to the
Assembly or House Journal of 1 699-1 701. That the term "Assembly," as used at
this period, is descriptive of the body which also was termed the House of Repre-
sentatives, is shown by reference to the commission of the Earl of Bellomont,
which does not differ in this respect from the commissions of other early Govern-
ors of the province. The following is an extract :
"And Our Will and pleasure is that the persons thereupon duly elected by the
" Major part of the Freeholders and being soe returned, and having before their
"sitting taken the Oaths appointed by Act of Parliament to be taken, instead of the
"Oaths of Allegiance and Supremacy, and subscribed the Test and Association
"aforesaid, which Oaths you shall commissionate fitt persons under the publike
" Seale to Administer, and without taking the said Oaths and Subscribing the said
yi8 PROVINCE OF NEW HAMPSHIRE.
44 Test and Association none shall be capable of sitting tho1 elected — shall be called
44 and held the Assembly of our said Province : " Provincial Papers, Vol. 2, p. 306.
At best, the province records of that period which have been preserved are
meager and fragmentary. Such, however, as are authentic and accessible cannot
now be omitted with any propriety from the state's publication of its early official
documents. Acting upon this conviction, the editor includes in this volume this
Journal of the House of Representatives, which begins at a date within twenty-one
years of the beginning of the provincial government under John Cutt, although it
now necessarily takes a place in the series out of its chronological order.
Editor.
JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
1699-I7OI.
Province of New Hampshr
A General Assembly being Called by his Excellency Richard Earl
of Bellomont Governr and Comander In Cheife of Sd Province on y*
7th of August 1699
The members Elected by the Severel Towns being Present Ac-
cording to there Summon5 The Govr Sent for them and ordered that
They Shuld be qualified by being Sworn Signing the Test and Asso-
ciation Chooseing A Speaker &c And to Present the Speaker to him
Att 4 of Clock the Same day —
ffor qualifieing Sd House Jn° Hincks Esqr Rob* Elliot And Samp-
son Sheafe Esqrs Were Comisinated for Administering the oath3
Apointed by Act of Parliament And Accordingly Then Were Sworn
and Signed the Test and Assosiation
for Portsm0 For Hampton
mr Samuel Penhallow Cap* Henry Dow
Cap1 John Pickrin U Joseph Swett
mr John Plaisteed L* John Smith
For Dover For Exeter
Cap1 John Woodman mr Mocis Levet
Cap1 John Tuttle mr Theophiles Dudly
V Nath11 Hill
For New Castle
mr James Randel
Theodore Attkinson
720 PROVINCE OF NEW HAMPSHIRE.
Mr Samuel Penhallovv Chosen Speaker & Theodore Attkinson
Cleark —
The House Presented There Speaker to the Govr who Delivered
him the following Speech Directed to the Councel And Assembly
Gentlemen
I have Called you togeather Att this Time to give you An Opertu-
nity of serving the Comon Interst of your Country by Redresing
the Greavances this Province lyes under, and by makeing such laws
As may by the blessing of god Establish you In Savety & happiness
for the time to Come.
I am very sensible of the great Suferings you Sustained all this
last warr by this Province being ffrontier towards the Estern Indians
A Cruel and perfedious Enemy In there own nature, but Taught and
Encoriged to be more soe by the Jesuits and Other Popish missiona-
ryes from France, who were not more Industries Duering the war to
Instigate there Indian Desiples and Prosiletes (as they Are Pleased
to Call them) to kill your people Treacherously, then they have been
Since the Peace to Debauch those Indians from there former subjec-
tions to the Crown of Engld Insomuch As Att Present they Seem to
have Departed from there Allegence to the Crown and Revolted to
the Frentch ; I have taken such measures As Quickly to find out
whither those Indians will Return to there Obedience to the Crown
or noe If they Doe not And that they Comit Any hostility Upon you
I Doubt not but to find An Eassy way of subdueing them —
Upon the Report of his Majestyes Engineer whom I sent to veiw
the ffort on the Great Iseland and the Harbor of this Town ; I find
the Scituation Is naturally well Disposed ; but the ffort soe very
weak And unable that It Requireth the building A new Substaihsiall
one to secure you In time of War; You will Doe well to take this
Mater Into Consideration As Soon As May Bee —
This Province Is well seated for Trade ; And your harbor heer on
Piscataqua River soe very good ; that A ffort to secure It would
Invite People to Come and settle Among you, And As you grow
In number Soe will your Trade Advance and fflorish ; and you
will Useful! to England which you Ought to Covett Above All things
Not ( )nlv As It is your Duety but As It will Alsoe be for your Glory
v\: Interest Such A King as god hath blesed us with Att Present
And such A Nation As that of England ought to Excite In us A no-
ble Ambition to be Religiously ffaithful to the first and Zealously
Subserviant to the Interest of the later —
I Recomend to you Gentlemen of the House of Representatives
the Provideing for the Nessasary suport of the Goverment ; you be-
ing Able to Judge what the Charge will bee And It belongeth to you
of Right to Provide the means to Defray that Charge
JOURNAL OF THE HOUSE OF REPRESENTATIVES. "J2t
Gentlemen
You will Doe well to think of Every thing that may Conduse to
your own Hapiness and Advantage wherein you may Depend on my
Concurance with you ; ffor I have all the Disposition Imaginable To
Doe the King and this Country the best servise I Am Capeable of.
For Regulateing the House they have voted That the ffollowing
Articles be Observed viz
first
That Every Member of this Assembly that Shall be Absent Att
the Time Apointed for meeting And Att Calling Over Shall pay
threepence to the Clark for Every such defect
Secondly
That whosoever Shall by Any Misbehave1" In Speech or Action
Justly offend Any of the members of the House he Shall for the first
be Admonished the second fined As the house think meet
thirdly
That none Speak twise untill Every one have liberty to Speak once
fourtly
That Every Member Direct his Speach to the Speaker and not one
to Another and when they have A mind to Speak to Any Case they
Ask leave of him to Speak
fivethly
That none Smoak tobaco In the house After Calling over on Pen-
alty of 3d for the Clerk
Sixthly
That The Speaker Shall have A Casting Vote when there shall be
An Equal Vote
Seventhly
That Any Member of the House Shall have Liberty to Enter his
Decent from Any Vote without giveing Any Reason thereof
Eighthly
That If the Speaker be Absent the House may Choose A Speaker
Protempore that the Affaires of the House May be Carried on Not-
withstanding Such Vacency
i
722
PROVIN'CE OF NEW HAMPSHIRE.
Ninthly
That If any Member After being Entered and Qualified Shall
Absent himself A Day without leave from the House he shall Pay a
fine of five Shilings Except he Shew to the house A sufitient Rea-
son for his Soe Absenting —
Tenthly
That If Any Member of this House Shall be by the Major Part of
the House thought Unfitt And not Qualified for Sd Place It Shall be
In there power to Dismiss Such Person Giveing notise to the Town
where he belonged to Choose Another to fill up such Vacency
about swords August ) 15th 1722
& about passing Bills — J
Adjorned untill the 8th Ins1 Ten of the Clock
August 8th The whole house Mett According to Adjorm*
Made Choise of mr Speaker and mr John Plaisted to Deliver A
Congratulary Address to his Excellency As on file
Adjorned untill three of Clock Afternoon
Returned According to Adjorim1
haveing Perused his Excellencyes Speech That the Speaker mr
John Plaisteed Cap1 Henry Dow & Theodore Attkinson To be A
Comitte to Draw up An Answear yrto
The Comitte being About to withdraw the House Adjorned untill
the 9th Ins1 9 of Clock
Aug5* 9th The Assembly mett and gave Cap1 Pickrin leave to Ab-
sent for one Day he haveing Extryordinary Other business
The Comitte haveing Drawn up An Answr As fh Copie on file to
Part of 1 lis Kxcellency5 Speech which being Approved by the house
was Sent Up —
Adjorned untill ye 10th Inst nine of Clock
Aug : 10 mett Accordingly
Theodore Attkinson not Appearing being Clerk, Capc Henry Dow
was Chosen Clark Potempore Dureing the Sitting of this Assembly
when the (dark was Absent
Adjorned for two hours
Returned Accordly
Sent up Several Votes As on file ^ : Copie
Adjoined untill the IIth Ins1 — 10 Clock
JOURNAL OF THE HOUSE OF REPRESENTATIVES.
723
Aug : 11 Mett According to Adjornment
Sundry Debaites About the Treasures Accots
Adjorned unto the 12th Ins* nine Clock
Aug : 1 2 Mett Accordingly —
Cap1 John Pickrin mr John Plaisteed & Theodore Attkinson Chosen
A Comitte To Auditt The Treasure5 Accotts
Adjorned untill ye 14th Ten of Clock
Agust 14 Mett according to Adjornment
on the Comitte5 Return for auditing the Treasurers Accotts the
Assembly Informed His Excellency & Councel As followeth
May It please your Excelency & Councel Wee the Representatives
of this Provllc haveing had the Peruseal of the Treasurers Accotts Doe
find Errors therein and by the last Treasurer5 Accotts we find Above
one hundred Pounds paid Contrary to the End It was Raised and
those to whom It was Due and Raised for Still unpaid and the Incom
of the River not Applyed for your Lordships Reception As It was
Appointed And noe Acco11 of the Collector of Impost last year All
which we humbly offer As A Greavance to the Province and Pray
that those persons may be sent for And Refund Sd Mony that It
may be Applyed to the Intent It was Raised which Is humbly
-Craved by the Assembly
Theodore Attkinson Clr :
mony wrong Applyed by Major Smith Treasurer
To Cap1 Walton .
To mr Sheafe
To Cap1 Walton .
To John Walker .
To Duncan Campbell
To Samuel Comfort
To John Usher Esq1' Cap1 1
Walton & Major Smith J
To sundryes for his
Excellcy Receotio'n
Adjorned untill the 15th nine of Clock
. £11
3
• 37
5
. 16:
15
0
"
—
10
— .
2 :
13
8
10
—
—
• 39:
17
4
26 : 7
724 PROVINCE OF NEW HAMPSHIRE.
Augst 15 Mett According to Adjornm*
Voted That five hundred Pounds be Raised on All Real And Per-
sonal Estates within this Province the which we Crave his Excelen-
cyes Reception of Past by the Representatives
Theodore Attkinson Clr :
The Above mony Is to be Raised According to the last Propor-
tianing Every Town but not be Accounted for A Custom heerafter
Adjorned untill the 16th nine of Clock
Aug 16 Mett According to Adjornm1
Adjorned untill ye 17th Six of Clock
Agust 17 Mett According to Adjornm*
Voted That Cap1 Pickrin & Theodore Attkinson Acco" with Major
Smith And Receve Sundrys by him bought for his Excellcncyes Re-
ception and not yett Expended Into there Custody and Dispose of the
Same As they Can for the Use of the Province by order of the house
Theodore Attkinson Clr
His Excellency sent for The Assembly and After the speaker had
signed Severel Laws Proroged them Untill Munday the 18th of Sep-
tember
Sep1 18 The Representatives Mett Accordingly
there not being A full Coun1 The L* Govr Prorouged them untill
the 7th of november
Novemr 7 Mett according to Prorogation
Adjorned untill the 8th Ins1 Ten of Clock
Novem 8 Mett Accordingly —
Adjorned untill ye 9th
Novem 9 Mett Accordingly
mr Samuel Penhallow Cap1 Dow & Ll John Smith Decents from
the Vote of not paying the Gaurd of the Kings JPurvears —
Compl1 being made to the House of Reprecentatives by the Sher-
iff that the Prison is not Sufitient
Voted That A Strong logg house be built In the Province for A
Prison of thirty foot long fourteen wide one story of seven foot high
two brick Chimneyes in the mids five foot Each to be Don forthwith
strong and Substantial the Treasurer the overseer and the Charge to
JOURNAL OF THE HOUSE OF REPRESENTATIVES. 725
be paid out of the next province Assesment to be Sett In Portsm0
In or near the Great ffort by the Assembly
Copie Theodore Attkinson Clr
Whereas there Is A great Compl* made by sloop men to this house
•of the Great Demands made by the Collector and navel Officer to
the Great Discorigment of Vesels Coming heer to Trade Which will
be to the Great Damage of the Province Alsoe the likelihood of pay-
ing Tunage and Powder Mony by Vertue of A late Act
Voted That An Actt be passed that noe Vesel Accustomd to Carry
lumber out of this Province to the neaboring Collonyes Shall pay
Any more then seven shilings Six pence According to former Cus-
tom by the Assembly —
Copie Theodore Attkinson Clr
Adjorned untill ye 21st Ins* ten of Clock by the L* Govern1"
Novmr 21 Mett According to Adjornment ye 21st
Voted That four hundred and Sixty Pounds be Raised on all per-
sons & Estates both Real & Personal According to former Custom
to be Paid to the Treasurer by the last of June next the Rates to be
Delivered to the Constables by the last of March Next the mony
first to be Aplyed for Payment of w* Dts Is Alredy Due And build-
ing A prison nextly other Charges Ariseing
Past by the Assembly
Copie Theodore Attkinson Clr
Cap1 Henry Dow Decents from proportioning the mony As form-
erly As Alsoe U John Smith
Sent for by The L* Govr and Prorouged untill the first Tewsday
In may next
1700
May 7 Mett Accordingly on the 7th May —
Complaint being made by the Sheriff that the Prison now building
by Act of Late Assembly Is two little and may now with much less
Charge be Inlarged then After
[Here a page of the manuscript is missing.]
Adjorned for one hour
Mett Accordingly
on hearing of A Petition from Abraham Clemens of Hampton for
A hearing of a Case Att The next Superiour Court Granted
Voted that the Sd Abraham Clements have A hearing
Past by the Assembly
Copie Henry Dow Clr : protempore
y26 PROVINCE OF NEW HAMPSHIRE.
In Answear to A petetion from the select men and other Inhab-
itants of the Town of Hampton
Voted That An Act be passed that noe person whatsoever pre-
sume to fence In Any Comon land belonging to any Town within
this Province without they Obtain Some grant or liberty from the
free holders of the Town where the land belongeth Upon the pen-
alty of being Accounted the Disturbers of the Peace of his Majes-
tyes Subjects In this Province And It shall be In the liberty of A
Justice of ye Peace to bind over Any Such person to the next Qar-
ter sessions of the peace to Answear for there Contempt in not ob-
serving Sd Act
Ll Smith Decents Passed by the Assembly
Copie Theodore Attkinson Clr :
Sent for by The Ll Govr and Signed A Leter In Answear to the
Earl of Bellom* Leter And Adjorned untill the 9th of July twelve of
Clock
July 9 mett According to Adjorment
Adjorned untill ye 10th nine of Clock
July 10 Mett According to Adjorment
mr James Randel A Member of this house haveing been often
Absent Att the Appointed Time for Meeting
Voted That mr Randel be forthwith sent for to give this house A
Reason for his Absenting himself therefrom
by order of the House Theodore Attkinson Clr :
Whearas there Is A Great Defesiency In this Province for want
of Severel Laws Humbly Offered
That A Comitte be Chosen out of both houses for Drawing up the
Same And that they be Refered to the next session of the Assem-
bly for A full Confirmation Copie
Adjorned for ih hour
Mett Accordingly
Adjorned Untill ye 11th 8 of Clock
July 11 Mett Accordingly on ye 11th
mr Randle Appeared And Gave satisfactory Reasons for his being
formerly Absent Henry Dow Clr : protempore
haveing Reed and Perused the Estimate Give in by Coll : Romer
And Annexed the sum wee think Each Pirtecular will Cost As fol-
lowth viz
JOURNAL OF THE HOUSE OF REPRESENTATIVES.
727
riy
14784
2
49280
3
24640
4
22000
5
3502
6
200
7
600
8
200
9
2000
10
64
11
4000
• ^2956
. 2464
205
16
6:
8
179
154
10
48
— :
—
4
60
—
—
2S
3
6
—
—
^6105
:i4
:8
Cart load of Quarry Stones .
bushels of newbery marble limb
bushels of Sharp fresh water Sand
of brick .....
bushels of newbery lime
Spars Att I2d.
Plancks .....
Peices 5 foot long 4 & 5 Inches
Deales soposed to Contain 40000
peices of I2i foot long 6 81 7 Inches
foot of Ribs 4 & 5 Inches square
This Acco" Is thought the Lowest Prise that the things will be
brought Into Place for
Voted That the Above Estimate As stated with the Prises be In-
closed In A letter to his Excellency our Govr to Signifie our Inca-
pacity for Raising Soe Great A sum As alsoe to pray his Excellen-
cyes flavor In leaveing some orders for Releave And Assistance to
be given us from our Neabors the massathusets In Case of A new
Indian Warr : which we have Just Cause to Expect and humbly to
Refer his Excellency to the U Govr for A more perticular Acco" of
our Afairs and that the Lt Govr & Councel Bee prayed to Joyne with
us therein
Copie Henry Dow Clr protempore
Whearas there Is more then ordinary grounds of fear that the In-
dians will break forth In A way of hostility Against us
It is humbly Offered by this house that the Indians henceforward
be Att noe time Sufered to Come Within the Bodyes of any of the
Towns within this Province but whereas Some of them Profes Subjec-
tion to the Crown of Engld that soe long they be sup'lyed with Suet-
ible Necessaryes Att Some Frontier Places According to the Dis-
cretion of The Honerable ye Govr & Councel and that Effectual Care
be taken for Repairing the severel Garrisons And maintaining A
Constant Watch In Every Respective Town
Copie Henry Dow Clr : Protempore
Wheras there is an Ilconveniance in not haveing A fair transcript
of all votes and other writeings passed In the house of Representa-
tives Since the Earl of Bellomo1 our Govr and Comander In Chief5
Arival heer
Voted That A fair Transcript be Drawn up by the Clerk of the
Assembly out of the papers thereto belonging in A book and the
728 PROVINCE OF NEW HAMPSHIRE.
Charge thereof being Allowed by A Comitte Apointed be paid out
of the Publicque Treasury
Theodore Attkinson Clr :
John Pickrin Decents from ye Above Vote
The house by the L1 Govr Adjorned untill the 18th Ins4 12 of Clock
July 18 Mett According to Adjornment A letter as on file the
Copie to his Excellency
Adjorned until! ye 19th 9 of Clock
19 Mett on ye 19th According to Adjornm1
Voted That An Act be pased for the better observation of the
lords day and that A bill be Drawn up Accordingly
Theodore Attkinson Clr : —
Adjorned by the L* Gov1' untill the 3d Tuesday In Augst next 12 of
Clock being ye 20th
Augst 20 Mett According to Adjornment 20th August
Cap1 Pickrin & mr Mocis Leavet being Absent last Meeting of this
house gave Satisfaction for the Same
Adjorned untill the 21st nine of Clock
21 Mett According to Adjornment
Theodore Attkinson & mr John Plaisteed paid Each I2d for there
being Absent yesterday
► Wheras there is A Defetiency In this Province for want of several
Laws It is humbly Offered that A Comitte be Chosen out of Each
house for transcribeing and Drawing up such A body as may be suet-
ible to the Constitution of the Province by the Assembly
Copie Theodore Attkinson Clr :
Adjorned untill the 22d nine of Clock
Aug 22 Mett According to Adjornment
2011 Granted Major Vaughan As ^ Copia of Vote on file
Adjorned by the L* Gov1' untill the nith of October
Oct 9 Mett According to Adjornm1 9th Octr 1700
adjorned by the L1 Govr untill ye 29th Janr>'
Janry 29 Mett According to Adjornment 29th Janry
Voted that the Law of Tonage Impost and Excise be continued
for one year only with this Alteration That All Vesels Above four-
JOURNAL OF THE HOUSE OF REPRESENTATIVES. 729
teen Tons Pay Powder Duety According As they of thirty Tons Did
In the former Act Except those that Come loaden with hay or provi-
tions
Past by the Assembly
Copie Theodore Attkinson Clr :
Mr Theoph : Dudly decents from ys Vote 29th Janry 1 700/1
Adjorned by the Speaker untill ye 30th nine of Clock
30th Mett on the 30th Accordingly
Voted That whereas It hath been Alredy moved that A Comitte
out of both houses be Appointed for drawing up such Laws As may
be Suitable for the Constitution of the province Wee humbly Crave
leave to Remind your Honers of the Same Conceiveing it to be of
Absolute necessity
Voted That The Speaker and Cap4 Dow Deliver the minds of this
house In answear to A proposeal sent from the Uper house by Richd
Waldron Esqr for Considering what Laws Is Neccessary for the Pres-
ent—
Answr That the mind of the house Is it Shuld be Left to the Dis-
•crestion of A Comitte Apointed for that purpose
on the Return of the Speaker and Cap4 Dow
Voted That A Conferance with the U Govr and Councel be Offered
by mr Plai steed & mr Theophilus Dudly
Adjorned untill ye 31st nine of Clock
Jany 31 Mett Accordingly
Adjorned unto the first Febry 9 Clock
Febry ye 1 Mett According to Adjornm*
Whereas of Late Sundry Members of this house have been Want-
ing therein ordered that the Clerk send to them to Appear on the
3d Ins4 To shew Reasons If Any they Can for there neglect
Adjorned Untill Munday ye 3d Ins4 10 of Clock
3d Mett According to Adjornment
Mr Mocis Levet Amersed 4s for his last weeks Neglect
Adjorned untill the 4th 9 of Clock
4th Mett Accordingly
Mr Dudly for Absence yesterday pd I2d
The U Govr and Councel In Answear to A former Vote for Choose-
ing a Comitte To Draw Up Such Laws As Might be Nessasary for
/o<
PROVINCE OF NEW HAMPSHIRE.
the Province have Chosein John Hincks and Robert Eliot Esqrs to
be Assisted by the secretary
Voted That for this House Cap1 John Pickrin and Cap1 Henry
Dow Are of the Comitte and to be Assisted by the Clerk
Adjoined Untill ye 5th 9 of Clock
5th Mett According to Adjornm1
Cap1 Pickrin Sent with A Request to the L1 Govr & Councel that
the lies of Sholes May have An order for Sending A member to
this house Against next Sitting
Voted that whereas Sundry Gentlemen Are now Appointed for
Drawing Up Severel laws As A Comittee that Each person Duering
the servise be pd from the publicque Treasury three Shillings ^
Diem
by order Theodore Atkinson Clr:
by The L* Govr Adjorned Untill the 7th March 12 of Clock
7th Mett According to Adjornment
Cap1 Woodman & L1 Swet pd 2s Each for there Absence last Ses-
sions
Adjorned Untill ye 8th Ins1 8 of Clock
8th Mett According to adjornment
Voted That there be pd to L1 Govr Partridge for the Use of Sr
Henry Ashurst As A Gratification for Servise Done this Provce by
him fivety pounds Sterling out of the Income of the River As Soon
As Possible
Past by The Assembly
Copia Henry Dow Cler: protempore
Adjorned by the Ll Govr to ye 29th April ten of Clock —
Apr1 29 Mett According to Adjornment
Adjorned by the Ll Govr unto the 20th May 12 of Clock
20th May 1 70 1
May 20 The house mett According to Adjornm1
W Dudly Sent to the L1 Govr & Councel for the Late Comitte5
Return
The Secretary brought Down the Same
mr Andrew Wiggin5 Petetion Presented ye 29th Jan1"* now three
times Read Is Refered unto farther Consideration —
^ An Act for Establishing Titles of land being Drawn up by the
Comitte It being Perused Is Voted and Sent up for Concurance
Adjorned unto ye 21st 8 of Clock —
JOURNAL OF THE HOUSE OF REPRESENTATIVES. 73 I
May 21 Mett According to Adjornment
The Act of Limitations for Quieting pocessions Voted
The Petetion of Jonathan Wadleigh and Nicholas Gording Consta-
bles of Exeter Dated ye 7th March 1 700/1 Read And Mr Moces &
Sam11 Leavet & John Folsam three of the Select Men for Sd Town of
Exeter Profered there oaths that the Two Lists of Rates which the
Two Constables Aforsd Shewed to this House were Signed by them
As select Men
The house Considering the Same Give there opinian that those
Delinqts In the Lists Are the severel Sums Indepted to the Consta-
bles and that the Same may be Recovered by Comon Law from the
severel persons
Adjorned Untill ye 22d Eight of Clock
May 22 Mett According to Adjornm1
Voted that the Act Against Trespassing on Town Comons be sent
up for Concurance
Voted That the Addition About Marriages be Sent up for Concur-
ance
Voted that An Act for Strengthen Sheriffs Constables &c be Sent
up for Concurance.
Voted That the Addition to the Act for Establishing Courts of
Judicature be Sent up for Concurance
Voted That An Act for Regulating Tanners Curriers and Cord-
wainers &c be sent up for Concurence
The house being Att A Debate whither through the Death of The
Earle of Bellomont there Power be not Ended therefore Desire the
Speaker to Propose to the L* Govr & Councel for there Opinians In
the Matter —
Adjorned untill ye 23d Eight of Clock —
23 Mett According to Adjornment
Voted That A Constables watch be Sett As ^ : Vote one file
Mr Waldron Sent Down To answear the Dout of the house Refer-
ing to there power5 being Lessened by the Death of the Earl of Bel-
lorn1 &c
The mind of the L* Govr & Councel Is that the Powers In An
Officers Are not Altered by his Death
It being Debated Again In the house they are most of the Same
mind with the L* Govr & Councel but Some Objecting the Speaker
Is Desired to Inform the L* Govr & Councel that the major part was
for goeing on and Acting as formerly —
The Speaker Delivered the same
732 PROVINCE OF NEW HAMPSHIRE.
Cap1 John Tuttle and Ll John Smith haveing withdrawn themselves
from the Assembly The Assembly Request the L* Govr that the Va-
cancy made be made up by A New Choise
The house by the L* Govr adjorned untill the 10th of June
June 10 the 10th of June Appeared In the Room of Cap1 Tutle Ll
James Davis and Timothy Hilliard In the Room of L* John Smith
who being Oalified Are Joyned as members of this House the Rest
.of the House Meeting According to Adjornm*
The House humbly pray that these severel Acts now Drawn up
and pased by the Assembly be Ingrosed
Ist An Act for Establishing Town Bound5 & lands
2 An Act for Limitation of Quieting possesions
3d An Act for Strenthing Sheriffs Constables &c
4 An Act Against Trespasing on Town Comons
5 An Adition to the Act Relateing to Courts
6 An Act to Prevent ffrauds in Taners &c
7 An Act for A Constables Watch
Pased by the Assembly
Theodore Atkinson Clr :
Adjorned untill ye IIth nine of Clock
i ith Mett According to Adjornment
The Act for setleing Entestate Estates Aded Insolvant Estates
how to be Disposed Is Refered to farther Consideration
The Act An Addition to the Law Titled Manages Voted to be
Sent up for Concurance
Adjorned by the Speaker to ye I2lh 8 Clock
June 12 Mett According to Adjornment
The Act yesterday Debaited and Laid Aside for Consideration for
Setleing Intestate and Insolv* Estates Voted to be sent up for Con-
curance
^ The Act for punishing Criminal offend1'5 Voted to be Sent up for
Concurance
The Act Against Selling Strong to the Indians left for farther
Consideration
The last three Votes sent up by mr Randel Viz
An Adition to the Law About Manages
An Act for punishing Criminal Offenders
An Act About Intestate & Insolv1 Estates
The House Is Humbly of opinian that the Act for Releafe and
Release of poor Prisoners be farther Considered
JOURNAL OF THE HOUSE OF REPRESENTATIVES. 73$
The Act for Afirming of former Judgment &c Refered to farther"
Consideration
The House by the Speaker Adjorned untill ye 13 Ins1 9 of Clock
June 13 Mett According to Adjornment
Sent up A bill for Recording Deeds &c
Sent up A bill Against Impounding Cattle wrongfully &c
Adjorned by The Speaker Untill ye 14 Ins1 8 of Clock —
14 The House Mett According to Adjornm1
The Act for setleing Town bounds Voted and Sent up for Con-
curance
The House sent for by the L1 Govr and Adjorned Untill Wedens-
day the 18th Ins1 by 10 of Clock
June 18 The House Mett According to Adjornm1
A Bill Sent up to Confirm Town bounds A second Time
A Bill past and sent up for Concurance To Enjoyne Persons to
work for Repairing of his majestyes high wayes & Bridges
Adjorned by The Speaker until the 19th Ins1 8 of Clock —
19 The House Mett According to Adjornment ye 19th
The House Desire A Sight of the papers Sent Up to the Councel
board formerly Relateing to the bounds of the Several Towns within
this Province sent up by Cap1 Pickrin
Sent up A Law for Regulating seamen
A Petetion being Presented by from Thomas Packer Shadrach
Walton Wm Partridge Jnr & Eliza Harvy Tavern Keepers In Portsm0'
Against Retailers &c Read Three Times left to farther Consideracon
Speech In writeing from the L1 Govr Recd and Read left to Con-
sideration
A Petetion from Nath : Ayers Recd and Read and left to Consid-
eration untill tomorrow
A Request sent up to the Councel board to have A Comitte Ap-
pointed for the perusel of w1 Papers Concernes the Town bounds &c
An Act Sent up for Concurance for takeing Avidavits out of Court
A Comittee Is Apointed for Examining the Papers About Town
bounds Viz Peter Cofin & Wm Vaughan Esqrs Capts Henry Dow and
John Pickrin
Adjorned by the Speaker Untill the 20th Ins1 nine of Clock
20 Mett According to Adjornm1 on ye 20th June
Nath : Ayres his Petetion yesterday Read Is granted him Cap1
Hery Dow L1 Joseph Swet and mr Timo Hillard Enter there De-
cents Against It
734 PROVINCE OF NEW HAMPSHIRE.
The Honorable the Ll Govr Mooved this House that they would
Consider Something As A Gratification to Sr Henry Ashurst for the
Service he hath Don this Province As Alsoe his own Disbursments
for the good of the Same —
Adjorned untill ye 21st Eight of Clock by the Speaker
21 The House mett according to Adjornm*
The following Vote Sent up
As an Adition to the former Act Relateing to Sloopes and other
Vesels Above twelve Tons to Pay powder mony for one year from
the Date thereof
Pe It farther Enacted by the L* Govr Councel and Representatives
that As well the Sloopes belonging to this province As All others
Pay the Sd Sums Imposed by Sd Act Untill the year be Up Vera
Copia
A Petetion from Samuel Comfort Reed Read and on Consideration
Laid Aside the Representatives see no Reason to Medle therewith
Voted that for the Reimbursment of the Honble Wm Partridge Esqr
L1 Govr In part for what he have Expended for the Use of this Prov-
ince that he shall have one hundred pounds pd out of the next As-
sesm1 that is made In this Province, and alsoe that there Shall be pd
to Sr Henry Ashurst Soe much As Shall make up that we gave him
the 8th March 1 700/1 one hundred pounds Currant mony of New
Engld
Passed by the Assembly
Henry Dow Cler : protemporee
Voted that mr Charles Story Shall have twelve Pounds paid him
out of the next Assesment made In this Province As A gratification
for his Extraordinary Service done for Sd Province
Past by the Assembly
Henry Dow Clr : protemporee
In Answear to the Petetion of Collonell Thomas Packer Walton
Partridge Harvy &c It haveing been three Times Read The Assembly
tioe Cause to Grant It
The House by the Ll Govr Adjorned Untill ye 16th July 12th of
Clock
July if>lh The House mett According to Adjornm*
Present
Samuel Penhallow Esqr Speaker
Cap1 Henry Dow L* James Davis
L1 Joseph Swet mr Mods Leavet
JOURNAL OF THE HOUSE OF REPRESENTATIVES. 735
mr Timo : Hilliard mr Theoph : Dudly
Cap* John Woodman mr John Plaisteed
L1 Nath : Hill Theodore Atkinson
mr James Randel
A Compl* As on file by way of Petetion Exhibited Against Major
William Vaughan by mr Samuel Penhallow and mr Sam11 Keais Exec-
utors of the Last will And Testament of mr Bridget Graford Late of
Portsm0 Deced for that the Sd Vaughan Did Some time past Receve
An Instrument in writeing from the Sd Keais (As he was Recorder)
to Record yett notwithstanding the Sd Vaughan Doth Refuse to De-
liver the Sd Deed of gift or Instrument to him the Sd Keais or them
they being Joyntly Concerned thereabouts or A Copie thereof
Atested As the Recorder : Which Is to there Damage &c
The House order that Major Vaughan be Sent for to heer what he
hath to Answear thereto
ordered that Cap* Henry Dow be Speaker protemporee to Examin
Into the Same
Major Vaughan Appearing and the Compl1 read he Aledges that
the Complainents have not proved themselves Executors to the Sd
Bridget Graforts Will, & that the Sd Deed Did belong to him and his
Children Owning before the Assembly that he had Reed Sd Deed of
mr Keais
Refered to Consideration
Sent up to Pray A Consideration About the former proposel for
the Setlement of Townships and Town bounds
by The Speaker Adjorned Untill ye 17 Ins4 8 of Clock
Mett on the 17th According to Adjornm*
Whearas This House have Reed A Leter from the Honered Isaac
Adington Esqr Direced to the Goverment of the Province of New
Hampshr Dated the 30th June 1701 he Signifiing In Sd Leter that he
Is Comanded to write As In Sd Leter may more fully Appear and
whereas he Sayeth they have Exemted Vesels Tradeing from our
parts to that Province from payment of Tonnage Duety And hope
we will take such Considerations as to Remoove Any Complaints to
be made to them for the future
Voted That An Act be passed To Repeal that Act made for the
Small Tradeing Vesels paying Tonnage According to the Intent of
the Last Act made for A year
Alsoe Voted That An Answear be Sent to the Goverment of the
Massathusets What Is Don About the Same and In Moderate words
Let them know that we take It very unkindly that his Majesty5 Gov-
erment Is wrote unto In Such harsh Experssions As Is In Sd Leter
by order of the Assembly
Copie Theodore Atkinson Clr :
y$6 PROVINCE OF NEW HAMPSHIRE.
Sent up an Answear to the Ll Govrs proposal As to A Suply of
powder mony Att his Majestyes ffourt Att Great Island
17th July 1 70 1
Major Vaugban Sr your Honer was ^sent yesterday and heard the
Compl1 Read that was put up to us by mr Samuel Penhallovv and mr
Samuel Keais you were pleased to Object that they had not made it
Apear that they were Executors to the last will and Testament of
mrs Bridget Grafort late Dec'd : This Day this house have Seen that
the Witneses to Sd Will are Sworn and the Will proved And those
two men Apointed Executors In Sd Will This house have Alsoe
Seen and heard A Copia of the Deed from Cap1 Richd Cutt to Cap1
Daniel And this house Is of opinian that you ought As you are Re-
corder for the Province to Record the Sd Deed soe soon As may bee
If it be not Don Alredy (and Deliver It to them forthwith) and to
Return the original to one or both of them As they are Executors.
Which If your Honer promis to Doe will Satisfle this house If you
Doe not Please to Doe It will Put this house Upon Takeing Such
Measurers as that there may be noe more such Complaints made If
it be in our power to rectifie it/ Major Vaughn Desires A Copia &
time untill tomorrow to Answer Its Granted
Henry Dow Speaker & Clr protemporee
A Vote once More sent up to Desire A Setlement of there An-
tient Town bounds As neer As possible with w* Small amendm1
may be thought Needful
The House have Voted That henceforward the Clerk of the As-
sembly and in his Absence the Clerk Protemporee Shall be Allowed
Eighteen pence f) : Day to be paid out of the Publique Treasury
for writeing for the Assembly & finding paper & Resiteing ye Min-
uts in this book Henry Dow Clr : protemr/y
Adjorned by the Speaker untill ye 18th Ins* 8 of Clock
July 18 Mett Accordinging to Adjornment ye 18th
A Request Sent to the Council board That his Majes^' May be
throughly Aquainted with the Estate of this Province And That
they Shall Stand In need of help If War Shuld break out Again
The Publicque Afairs of the House of Representatives being
much Obstructed by Persons Sitting and Lying on the bed Voted
That Whosoever hence forward Either Sitt or ly Down Shall forfeit
three pence To the house for A fine for Every such Default After the
1 louse Is Called over
Passed by the House
Henry Dow Clr : Protemporee
JOURNAL OF THE HOUSE OF REPRESENTATIVES. 737
Whearas the Publicque Affairs of this House Is much obstructed
by Reason of several Members thereof Soe offten withdraw them-
selves Into the Chimney to take tobacco and sitt Talking And not
Attend the Afairs of the House.
Voted That Whoesoever Shall Soe doe for the future Shall pay? A
fine of three pence to the Clerk for Every Such Offence Except
leave be givein &c
A vote sent up for the Secretary to Draw An Answear to the letter
Reed from the Goverment of the Massathusets Relaiting to Ton-
nage According to A former Vote
A Request to have A Comitte Apointed for Copiaing out such
Laws As shall be thought Needful formerly passed In this Province
Against Next Meeting of this house In order to have them printed
A Vote As ^ : Copia on file to Supress retailers Henry Dow De-
cents Against It
The house by the Speaker Adjorned untill the 19th Inst Eight of
Clock
July 19 Mett According to Adjornm1 on ye 19 July
A Request sent to the uper house that the Recorder of this Prov-
ince May be forthwith Sworn As the Law Directs
Upon Aplication of Richd Jose Esqr high Sheriff of this Province
for Some Consideration for Extryordinary Service Don for this Prov-
ince Voted That he the Sd Jose Shall have Six pounds out of the
next Province Rate
Mr Timo Hiliard Decents Agast the Above Vote
Mr Timothy Hilliard being Dismised from this house As being
Voted A person Not fitt to be A member thereof
A Request sent to the Upper house that notice may be given in
for the filling up the Vacancy made by Hilliard5 Dismission
The House being sent for by the U Govr and Adjorned Untill ye
14th Augst 12 of Clock Next Ensueing 1701
August the 14th 1 701
The House mett According to Adjornment and mr John Tuck be-
ing Legally Chosen As fJ : Certificate on file and being Legally
Qalified Is Excepted As A Member of this house In the Room of
mr Timothy Hilliard.
Cap1 Pickrin being Absent last Sessions of this house Is fined by
the house i8d £0 : 1 : 6
Sent for by the U Govr And Adjorned untill the 28th Ins* twelve
of Clock
738 PROVINCE OF NEW HAMPSHIRE.
The 28lh August 1701 the House Mett according to Adjornment
$sent
n.r John Plaisteed mr James Randell
Cap1 Henry Dow mr Mocis Levett
mr John Tuck mr Theophilus Duclly
L1 Joseph Svvett Cap1 John Pickrin
L1 Nath Hill Ll James Davis
The House made Choise of mr John Plaisteed Speaker Protem-
poree
Adjorned until] ye 29th Eight of Clock by ye Speker
29th Aug : Mett According to Adjornment ^sent All those yes-
terday Except mr James Randel mr Samuel Penhallow the Speaker
being Returned from A Jorney Appeared before Night And Ad-
jorned the House Untill ye 30th Ins1 Eight of Clock
30th Agst Mett on the 30th Agust According to Adjornm* ^sent
Mr Samuel Penhallow Speaker
Cap1 Pickrin mr Mocis Leavet
mr Plaisteed mr Dudly
Cap1 Dow L1 James Davis
mr Tuck V Nath : Hill
L1 Joseph Swet Theodore Atkinson
The L* Govern1" Sent Down two leters from his majesty both bear-
ing Date ye 19th Janry 1 700/1 Which being Severel Times Read;
one to Make An Act Against Cutting of Timber fitt for the Use of
his majls Royal Navy : The other to fortifie the Province and To
Suply New York with forty men In Case of an Attacque on there
frontiers
In Answear thereunto
Voted That A memorial be Drawn up to Accompany An Address
to his Majesty Upon the Subject Mater of the Above mentioned
Leters
Past by the house of Represent^
Theodore Atkinson Clr
Voted that A Comitteof this House Joyne A Comitteof the Coun-
cel board To Draw up Sd Memorial & Address And that the Same
be laid before this House Cap1 Pickrin and mr John Plaisteed to be
A Comitte for the house of Representatives
And that A fitt Person or two may be Imployed As Agent or
its to Represent this Province In Engld And that for the De-
JOURNAL OF THE HOUSE OF REPRESENTATIVES. 739
fraying the Charges three hundred pounds be Raised and Paid out of
the Treasury
h>y*The Representatives
Theodore Atkinson Clr :
Capt Dow Enters his Decent Against raising the ^"300 —
The Bill brought Down for the Setleing Town bounds Voted And
Agreed to be Sent up by Mr John Plaisteed
mr Sam11 Penhallow ^
Cap1 John Pickrin 1 Enter there Decents
mr Theoph : Dudly ( against the Same
mr Mocis Leavet J
by The L* Gov1' Adjorned until the 10th of Sep1 12 of Clock
Sep* ye 10 — 1 70 1
The House Mett According to Adjornment ^psent
mr Samuel Penhallow Speaker
mr John Plaisteed L1 Joseph Swet
Cap1 Henry Dow mr John Tuck
mr James Randel L1 Nath : Hill
Theodore Atkinson mr Mocis Levet »
mr Theop : Dudly
Adjorned by the Speaker untill ye 1 1 Ins1 8 of Clock
Sep1 11 Mett on the 11 Sep1 According to Adjornm1
The Same that were f^sent Yesterday Except mr James Randel
and In his Room Cap1 John Pickrin Appeared
Voted that New Castle be Enacted among the Rest of the Towns
of this Province Theodore Atkinson Clr :
Voted that Kings Town be Alsoe Inserted As A Town Provided
they Infring not on Exeter bounds Theodore Atkinson Clr: ,
A Vote sent up for Altering of the Courts In bringing All actions
Above forty Shilings first to the Inferiour Court &c
By order of the House Theodore Atkinson Clr :
Vote for Confirmation of Town Grants sent up
Adjorned by the Speaker unto ye 12th Ins1 8 Clock
Sep1 12 Mett on the 12th Sep1 According to Adjornment
The Speaker being Absent Cap1 John Pickrin Is Chosen Speaker
Protemporee Att Any Time In the Speakers Absence
Henry Dow Clr : Protemporee
740 PROVINCE OF NEW HAMPSHIRE.
The Act for Confirmation of All Town Grants sent up and prayed
It might be Engrosed
Vote as ^ Copia on file for Raising ,£550 Sent up ^ : mr John
Plaisteed and Concured with by the Councel board &c
Adjorned by the Speaker untill ye 13th Ins1 8 of Clock
18 Sep1 Mett According to Adjornment on ye 13th Sep1
An Adress And Memorial to the Kings most Excelent Majesty
Drawn up by A Comittee According to A Vote on the 30th Augst last
past being Presented to this House Is Approved And liked and by
order of the House sent To the Councel board by mr Nath Hill
Theodore Atkinson Clr
Prorouged by the L1 Govr untill ye 2d day of October next
Theodore Atkinson Clr :
2d October 1701
The house of Representatives mett According to Prorogation
Present
Mr Sam11 Penhallow Speaker
mr John Plaisteed L1 James Davis
Cap1 Henry Dow L1 Nath : Hill
L1 Joseph Swet mr Mocis Leavet
Cap1 John Woodman mr Theoph : Dudly
By the Speaker Adjorned untill ye 3d Ins1 10 Clock
Oct ye 3d The house mett according to Adjornment ^sent All
those yesterday and Pickrin
Sent Up to Pray the Act About Courts May be Engrosed
Adjorned by the Speaker unto the 4th Ins1 8 of Clock
Oct 4 Mett on ye 4th According to Adjornment ^sent All those
yl were Yesterday
The House Sent for by the L1 Govr and Prorouged Unto the first
Tuesday of April next
INDEX
INDEX TO TOWNS, PLACES, ETC
Albany, N. Y 491, 499~501
Alstead (No. 4) 476
Amesbury, Mass ..205, 236, 476, 486, 512
513, 531
Amoskeag 532
Amoskeag Falls 319, 329
Andrews Hill 493
Annapolis Royal, N. S. . . 15, 45' 422, 433
434, 528, 529
Ashburnham, Mass 504
Ashby, Mass 5°3, 5°4
Ashuelot 533
Ashuelot River 496
Asquaenunckon Brook 358
Atkinson 486
Ayer's Hill 486
Badger's Rocks 324
Bear Brook 498
Beaver Brook 490, 491
Beaver River 492, 493
Bellows Brook 495
Black Brook 319
Black Rocks 291, 294
300, 309, 316a, 316b, 321-325
333, 389. 39r> 392> 396> 4oo, 408
411, 412, 429, 443, 477, 580, 583
586, 591, 592, 614, 615, 617, 620
Blanford, Mass. (New Glasgow) 501
Blewrield River 495
Bloody Point (Newington) . .51, 681, 682
Boscawen (Contoocook) ...476, 511, 532
Boston, Mass 81
113, 117, 152, 182, 189, 190
192, 200, 205, 215, 216, 223, 276
284, 285, 289, 361, 368, 373, 375
476, 483, 487, 505. 5io? 516, 517
523,528, 534, 666, 677, 711, 712
Bottle Brook 499
Bow 248
Bradford, Mass 330, 370, 372, 488
Brandybrow Hill 486
Brimfield, Mass 501
Brookfleld, Mass 501
503
Brookline.
Cambridge, Mass 134, 359
Canada River 352, 576
Canso, Maine 138
Canterbury 532
Cape Ann 21
Cape Cod 245
283, 295, 296, 302, 342, 377
568, 573, 574, 608, 618, 622, 625
Cape Malabar 245, 283
295, 296, 302, 342, 573, 608, 622
Capwock Island.. .245, 342, 377, 568, 574
608
Casco Bay 30
Charles River 242-244, 290
301, 305, 335. 338, 364, 383-385
515, 565, 566, 569, 570, 601, 605
Charlestown (No. 4) 476
Charlestown, Mass 525
Chelmsford, Mass 318, 319, 331
Cheshire (Chester) 146
Chester 356, 360, 408, 421, 581. 635
Chesterfield (No. 1 on. Conn. R.) . . .476
Clark's Island 416
Clay Brook 500
Cochechiwack (Salisbury, Mass.) 190
Cochecho (Dover) . . .29, 30, 61, 507, 681
Cochecho Point 146
Cohoos Falls 500
Colburn's Old Meadow 492
Colchester (Salisbury, Mass.) 190
Concord (Penacook). . .202, 239, 317, 318
320, 329-331, 356, 357, 377, 403
408, 410, 411, 489, 532, 582, 635
Concord (Rumford) 318, 320
329, 330, 403, 424, 476, 495, 532
Concord River. 492
744
INDEX.
Connecticut River 476, 496, 497
502. 504, 510, 511, 534, 537. 539
Contoocook ( Boscawen) 476. 511, 532
Contoocook River 329, 403, 495
Conway ( Pigwacket) 508, 509
Deer Brook 495
Deerfield River 498. 499
I )over 2 r , 30, 57-59, 61
62. 66, 67, 70, 74, 75, 89, 96
97, 124. 190, 191, 236,238,308
322. 363, 375, 529*632, 633. 651
652. 656, 659-663, 667, 669, 676
678-681, 686, 690, 702, 713. 719
Dover (Cochecho) 29, 30, 61, 507, 681
Dover Neck 61
Dracutt, -Mass 386, 487, 490-
493* 497, 501. 503- 525, 534-536
Dunbarton (Gorham Township). 476, 511
Dunstable 210, 243, 317
3^9- 356, 35$, 476, 485, 488, 493
494. 497, 501, 503, 512, 513, 532
Durham (Oyster River) ... 70, 72, 83, S^
124, 151, 682
Endicotfs Tree 291, 294
300, 309,316b, 333, 500, 580. 614
Exeter 21, 56, 59, 66, 67
71. 74. 75- 89, 97, 190, 236, 238
308, 360, 375, 632, 633, 651, 652
656, 659-662, 667, 669, 670, 681 I
. 702, 711, 713, 719, 731, 739
Exeter, Eng 711 |
Exeter River 159
Falls River 497
Fitzwilliam 504
Fort I himmer 497, 539
Fort William and Mary .... 12, 21, 23, 25
36> r56 J
Gorham Township (Dunbarton). 476, 511 I
Gosport (Star Island) ..76, 139, 140, 142
( irand Monadnock 495, 496
( rreat Bunt 490, 492
( rreat Falls, X. Y 500
Great Island (New Castle) 131,664-
. 669, 676, 677, 679, 680, 682
683, 685, 720, 736
Great Meadow Brook 494
Great Pot-Hole Place 491
Greenland 51, 118, 125,681
Green River 498
Groton, Mass 318, 319
331,476,493,497, 501, 512, 513
Gumpuss (pt. Dracutt, Mass.) 492
Hampton... .11, 21, 29, 31, 59, 66, 67, 69
71, 74, 75, 78, 89, 91, 96, 115
121, 123, I25, 141, I54, 156, 165
172, 182, 184, 185, I90, I97-I99
236, 238, 266, 270, 274, 276, 278
286, 308, 321, 322, 327, 365, 375
4l6, 422, 440, 454, 489, 529, 6lO
632, 633, 651, 652, 659, 661-664
667, 669, 670, 674, 678, 680, 682
684, 690, 702, 713, 719, 725, 726
Hampton (Winnicunnet) 190
Hampton Falls 37, 315
Harvard, Mass 501
Haverhill, Mass 205-207, 209, 236
246, 316,316b, 317, 3J9' 320, 330
370-372, 386, 410, 411, 476. 486
489, 491, 501, 512-516, 531, 645
Haverhill River 330
Hilton's Point 63 1
Hinsdale 504
Mollis 503
Hoosic River 499, 500
Hopkinton 495
Hopkinton (No. 5) 476
Hudson (Nottingham West) . . . .503, 532
Hudson River 500-502
Hunt's Falls 49 r
Ipswich, Mass 168, 190. 217, 371
Isles of Shoales jt,, 74, 88
138-140, 245, 283, 284, 299, 342
357< 376, 392. 417-419. 443. 477
521, 568, 574, 579, 583, 597-599
603, 608, 609, 615, 672, 679, 730
Jones's Swamp 486
Keene (Upper Ashuelot) 476, 511
Kennebec River 310, 376, 569, 603
Kensington, Eng 534
Kinderhook, N. Y 501
Kingston 29, 30, 32, 50. 59, 60, J3
74, 89, 236, 238, 360, 42 r, 635
Kingstown (Kingston) 48, 62
66, 67, 71, 75, 91, 97, 118, 122
138-141, 185, 248, 410, 531, 739
Kingston, Mass 501
Kittery, Maine.. . 363, 416
INDEX.
745
Lampereel River , 68 1
Lancaster. Mass 501
Leicester, Mass 501
Litchfield 476, 512, 513, 532
Little Harbor 664
Little Meadow Brook 497
Logging Plain 531
London, Eng 184, 269, 343, 424
426, 427, 440, 446, 447, 450, 457
468, 470, 489, 519, 521, 575, 650
Londonderry 236, 238, 248, 421, 532
Long Pond 493
Louisbourg, Can 649
LovewelPs Pond 493
Lovewell's Town (Pembroke) 511
Lower Ashuelot (Swanzey) 476, 5 1 1
Lunenburg, Mass 495, 496
Manchester (Tyng's Township) .
Mason
Massachusetts Bay .
301.305- 335, 338, 565,
Merrimack River 130, 144,
190, 191, 193, 195, 199,
210, 213, 224, 231, 236-
242-247, 250, 253,255,
284, 290, 291, 294-297,
305-309, 313-321, 324.
-333,335,338, 342, 356-
-364. 369, 378, 380, 382-
395-397, 4oo, 402-405,
417-420, 428, 429, 431,
453- 454, 456, 458, 469-
478, 485, 488-493, 49°,
510, 511, 514, 515, 520,
536, 537, 539, 565-567,
576, 577, 579, 58o, 582,
-587, ^90-595, 598-602,
608, 609, 612. 614, 615,
Methuen, Mass. . .486, 487, 515,
Miller's River
Mohawk River
Mosquito Hall
Mount Belcher
Mount Gilboa
Mount Joy
Mousum River.
Muddy Brook
476, 511
503
242
566, 60 r
180, 188
204, 207
238, 240
258, 283
299-302
326, 329
-358, 360
•389, 39l
407-412
442, 443
47 1 , 477
5or, 503
523, 532
569-573
583, 585
604-606
617-625
53*, 532
495, 496
500, 501
....632
. . . .500
••••493
....501
508
....496
Nantucket 245, 342, 2,77, 574, 608
Nashua River 329, 493, 494, 503
Naumkeag (Salem, Mass. ) 204
Nautican Island 568
Newbury, Mass 152, 172
174, 188, 192, 216, 217, 219-222
226-233, 238, 240, 270, 317
318, 320, 323, 324, 329, 372, 393
Newcastle 21
31, 56, 59, 65-67, 70, 74, 75
78, 83, 88, 89, 97, 124-126, 131
135, 138, 152, 702, 713, 719,739
408.
Newcastle (Great Island) . . . 131, 664-666
669, 676, 677, 679, 680, 682, 683
685, 720, 736
New Glasgow (Blanford, Mass.) 501
Newichwannock Falls 357
Newichwannock River 144, 194, 195
245, 247, 283, 284, 290, 291, 302
310, 311, 314-316 b, 326, 342
357, 37^ 387, 389, 392, 397, 409
443, 454- 477, 505, 5°8, 529, 568
569, 574, 579, 580, 583, 596, 597
599, 603, 608, 612, 614-616, 624
Newington 61, 74, 89, 97, 118
Newington (Bloody Point) . .51, 681, 682
New Ipswich 494, 497, 503, 504
Newmarket 507, 509
Newton 486
Nissatisset (pt. Dunstable) 494
Nissatissett River 494
Northfield, Mass 495-497, 499, 504
North River 498
Nottingham 476, 493. 497, 512, 513
525, 532
Nottingham West (Hudson). . . .503, 532
Number 1 (in Mass.) 501
Number 1 (Chesterfield) 476
Number 1 (Warner) 476
Number 2 (in Vt.) 476
Number 2 (Westmoreland) 476
Number 4 (Alstead) 476
Number 4 (Charlestown) 476
Number 5 (Hopkinton) 476
Ossipee Lake . . 508, 509
Ossipee River 509
Oyster River (Durham) 70, 72, 83, 85
124, 151, 682
Pancatucke 356
Pawtucket Falls 318
329, 332, 357, 385, 386, 408, 470
471, 478, 485, 487, 488, 490, 491
501, 503, 504, 520, S37, 600, 602
Pelham 487, 503
746
INDEX.
Pembroke (Suncook) 476
Pembroke (LovewelPs Town) 511
Pemigewasset River . . .317, 318, 320, 329
333< 39', 443, 477. 489, 583. 614
615, 620
Penacook (Concord).. .202, 239, 317, 318
320, 329-331, 356, 357, 377, 403
408,410, 411, 489, 532, 582, 635
Penacook River 318, 320, 330
Pepperell, Mass 503
Phillips II ill 493
Pigwacket (Conway) 508, 509
Pigwacket River 509
Piscataqua (Portsmouth) 190, 356
Piscataqua Harbor 245, 247, 283, 284
290, 291, 302, 310, 311, 342, 376
392, 397, 400, 409, 413, 414, 454
477, 505, 568, 569, 574^ 579, 58o
583, 586, 587, 597-599, 6o3« 608
612, 614-617
Piscataqua River. .190, 195, 246, 299, 357
377, 386, 415, 429, 431, 471, 567
569, 596, 597, 602, 627, 677, 720
Piscataquog River 329. 331
Placentia, Can 14
Plaistow 486
Plumb Island 324
Port Royal, N. S 11,15
Portsmouth. .20, 31, 50, 54, 55, 58-60, 67
74. 75, 83, 86, 88, 96, 113, 118
121, 125, 135, 140, 143 148, 172
197.221, 224, 232, 236, 238, 308
361. 3»3, 375, 377, 432, 482-484
488, 492, 505, 506, 527, 632, 633
649, 651-653, 655-659, 662-668
670, 672, 674, 675, 677-679. 68 r
682, 684-690, 702-704, 709, 713
719,725,733, 735
Portsmouth (Piscataqua) 190, 356
Portsmouth (Strawberry Bank) 190
Powow River 486
Putchaug I '.rook 496
I Quebec 14, 15, 22, 49
Quorapheagon 529
Rabbit Swamp 504
Rii hmond 504
Ri< hmond (Sylvester-Canada) 497
Richmond's Island 21
Rindge 504
Rindge ( Rowley-Canada). .476, 497, 511
Roaring brook.'. 496
Rochester 507
Rowley-Canada (Rindge) . .476, 497, 511
Royalston, Mass 504
Rumford (Concord) 318, 320
329, 330, 403, 424, 476, 495, 532
Rye 323
Rye (Sandy Beach) 664
Sagadahock River 245, 283, 310
311, 342, 346, 352, 376, 377, 397
413, 568, 569, 574, 576, 597,603
608, 609
Salem 486, 487
Salem, Mass 204
Salem, Mass. (Naumkeag) 204
Salisbury, Mass 152, 182, 196-198
205, 236, 292, 312, 316 a, 317
318, 320, 325, 329, 393, 476, 489
512, 513, 529, 531
Salisbury, Mass. (Cochechiwack) .... 190
Salisbury, Mass. (Colchester) 190
Salisbury Point 325
Salmon Brook 493
Salmon 7alls River 299, 392
443, 477, 5°5, 5°8, 509, 583, 615
Sampson's Point 78
Sanders's Point 131
Sandy Beach (Rye) 664
Seabrook .. 486
Sequamcook River. . . 494
Ships, etc. :
Dove 678
Gift of God 683
Providence 663, 665
Salamander 677
Speedwell ... 11
Shrewsbury, Mass 501
Slate Hill 498
Snow's Meadow Brook 494
Souhegan River 329, 331, 358, 495
South Hampton 486
Springfield, Mass 501
St. Lawrence, Gulf of 352, 576
St. Lawrence River 609
Star Island (Gosport) . .76, 139, 140, 142
Stratham 89, 97, 131, 159
Strawberry Bank (Portsmouth) 190
Strongwater Meadow 486
Suncook (Pembroke) 476
Suncook River 329
Sunday Pond 495
Swampscott 191, 357, 363
Swampscott Falls 357
Swanzey (Lower Ashuelot) 476, 511
Sylvester-Canada (Richmond) 497
INDEX.
747
Tewksbury , Mass 492
Townsend, Mass.. 494, 497, 503, 512, 513
Tyngsborough, Mass 503
Tyng's Saw Mills 492
Tyng's Township (Manchester). 476, 511
Upper Ashuelot (Keene) 476, 511
Warner (No. 1) 476
Warwick, Mass 504
Watatuck Mt 494, 495
Wells, Maine 363
Westrleld, Mass 501
Westford, Mass 317
Westmoreland (No. 2) 476
Weymesit 358
Wheelwright's Creek 681
White Hills 508, 509
Whitney's Meadow Brook 494
Whitney's Pond Brook 495
Winchendon, Mass 504
Winchester 476, 497, 504, 511, 534
Winnicunnet* (Hampton) 190
Winnipisseogee Lake. .188, 238, 243, 244
246, 294, 296, 316, 316 b -320
332, 356, 364, 384, 456, 469, 569
570, 583, 606
Winnipisseogee River 316
316b, 318,320, 329,333, 391,407
408, 443, 477, 489, 614,615, 620
Winter Harbor 142
Wonommenock Pond 495
Worcester, Mass 501
York, Maine 363, 422
Other forms of spelling are Winnacunnet, Winaconet, Wennicunnett, Winnacawett, Winnicowett.
INDEX TO NAMES OF PERSONS,
Abbott, George 532
Richard 663, 669
Ackerman, Benjamin 84, 421
Adams, 493
Charles 660
James 37°~373, 41©, 582, 638
Thomas 337~34o
Addington, Isaac. 186, 344, 368, 634, 735
Aireman, Henry 676
Alcott, Job. 344
Aldersey , Samuel 337-34°
Allen, Doctor 158
J • 7ii
Samuel 191, 343, 417, 575, 591
609, 634
Almy, Job 289, 311, 390, 398
Alt, John 660
Amazeen, John 676, 679
Ambrose, Henry 186
Anderson, John 262
Anglesey, Earl of 307
Appleton, John 371
Samuel 344
Argyll, Duke of 534
Ash, Edward 258, 262
Ashley, 534
Ashurst, Sir Henry 730, 734
Atkinson, Theodore 9, 11, 13, 17, 18
21-67, 69-80, 82-87, 89, 91-
94, 105, 125, 147, 155, 201, 210
218, 219, 221, 225, 229, 230, 232
240, 263, 273, 282, 284, 288, 299
316, 321, 328, 333, 355, 382, 410
422, 483, 506, 530, 531, 533, 554
638, 639, 641-645, 719, 720, 722
-726, 728-730, 732, 735, 738-740
Theodore, Jr 479
Auchmuty, Robert. 312, 313, 325-328, 371
Austin, Thomas 660
Avery, Joan 680
Thomas 680
Ayer, James 602
Ayers, Ebenezer 532
Nathaniel 733
Bacon, 534
Baker, John 657, 678, 679
Sarah 678
Baldwin, Henry 532
Bancroft, 493
Barefoot, Walter. .665, 666, 683, 684, 687
Barsham, John 657
Bartlett, Christopher , 531
Batchelour, Nathaniel . .659
Bath, Earl of 303, 307
Bathurst, Lord 534
Bayley, Captain 255
James 528
Joshua 516
Beackum, 675
Beard, Joseph 660, 670
Beck, Henry 659
Belcher, Jonathan 212
214, 216, 220, 228, 233, 239, 248
249, 273, 285, 290, 292, 312, 315
316 a, 326, 327, 380, 382, 394
398, 399, 406, 407, 420, 427-429
431-433. 446, 448, 450. 457, 459
-461,463,466,469,475, 476,480
481,484,485, 487-491, 505-507
519-523, 527, 528, 541, 544, 545
55i> 552, 564, 581, 609, 636-646
Jonathan, Jr 432, 433
Belknap, Jeremy 654
Bellingham, Richard 337~34o
Bellomont, Richard, Earl of. 417, 418
609, 634, 701, 707, 711, 712, 717
719, 726, 727,731
Bellows, 495
Berkley, Lord 303
Berry, Thomas . . .276, 290, 390, 394, 398
402, 465
Bickford, John 660
Blackstone, William 146
Bladen, M 258, 262, 268
Blair, W 540
Blanchard, Joseph 493, 532
Blathwayt, William 688
Blood, James 493, 494
750
NDEX.
Bollan, 37i
Bolley, Edward 138
Bolton, Duke of 534
lionfiehl, Hugh 85
Boniton, Captain 366
Boon, John 672
Boulter, Nathaniel 634, 659
Bouton, Nathaniel 631
Boynton, 496
Brackett, .Anthony 659
Bradbury, William 197, 198
Bradford, J 225
William 344
Bradley, Isaac 319, 320, 329, 330
640, 641
Brandenburgh, Duke of 677
Bray, Bisse 276
1 hewer, 501
Brewster, John 659
Bridger, John 112. 194
Bridgman, Orlando 258,268
Broadstreet, Simon 344
Brock, William 225
Bromrield, 475
Bromhall, George 659
Brooking, Mary 680
Brown, 146, 677
Abraham 531
J 551
Jacob 321, 322, 640
James 669
John ... .315, 337-340, 422, 483, 659
Samuel 337~34°
Bryent, Walter . ..479, 505-507, 509, 644
Bulkier, Peter 359, 374
Bunker, George 466
James 660
Burdett, George 632
Burgess, Elizeus. ...66, 68, 70, 83, 92, 95
418, 609
Burnet, William. .206, 419, 420, 609, 636
Burnham, Robert 660
Burrill, Theophilus 206
Burse, John 124
Butler, Caleb 485, 491, 503
Butterneld, Joseph 317, 330, 640, 641
Byfield, Nathaniel 202, 206
Bysby, Elisha 216, 228
Caldwell, Alexander 532
Campbell, Duncan 723
Canny, Joseph 660,670
Canterbury, Archbishop of 534, 632
Car-ill. David 225
Carlton, Aaron 370, 372
Abigail, Jr 370, 372
Benjamin 370, 372
Ebenezer 370, 372
Elizabeth, Jr 370, 372
Nathaniel 370, 372
Nehemiah 370, 372
Thomas 370-373, 410, 582, 638
Carr, Sanders 197-199
Carter, Richard 660
Carteret, G 307
Case, Samuel 677
Gate, Edward 84, 85, 88, 125
William 680
Chamberlain, Richard. .652-654, 677, 681
686-688, 691
Chandler, John 394, 398, 466
Chaplain, Will 679
Chapman, Richard 471
Chesley, Joseph 151
Thomas 660
Chesterfield, Earl of 534
Chickley, Thomas 307
Cholmondeley, Earl of 534
Church, John 660
Clark, Abraham 32
George 262, 274
John 200, 659, 670
Clarkson, 218, 229
Clement, Nathaniel 492,493
Clements, Abraham 725
Job 652, 656
657, 660, 662, 670, 675, 681, 686
Clifford. Israel 158
John 659
John, Jr 659
Joseph 115
Clough, Isaac 532
Coat, Robert 132, 163
Cochran, Samuel 532
Cock, Marcellus 677
Coffin, Peter 182, 660, 662, 667, 669
680, 733
Philip, Jr 660
Tristram 131
Colburn, 492
Jeremiah 493
Colcord, Ann 670
Edward 670
Colden, Cadwalader 262, 274
Comfort, Samuel 723, 734
Conant, 492
Cooke, Elisha 113. 189, 206
215, 216, 220, 228, 289, 31 1. 637
INDEX.
751
Cope, Henry 262, 274
Cornell, George . .262, 274, 392, 417, 483
Cornwallis, Lord 534
Corwin, Jonathan 344
Cotton, John 659
Seaborn 659, 67 1
William 50, 125, 659
Coventry, Secretary 303
Cowell, Agnes 686
Annie 686
Edward 686
Samuel 686
Cox, Moses 659
Craddock, Matthew 337-34°, 568
Cranfield, Edward . . . .633, 634, 650, 654
687, 688
Craven, Earl of 303, 307
Crocker, Captain 249, 254, 258
Croft, A 262
Cromwell, Philip 660
Crown, Henry 670, 679
Cross, John .. . 30
Cummings, John 317, 318, 330, 331
640, 641
Samuel 532
Currier, J onathan 531
Cushing, John 525
Thomas 202, 206, 216, 289, 398
466, 475
Thomas, Jr 311
■Cutt, Eleanor 682
John 38, 405, 406, 421
453, 469, 621, 633, 649-651, 653
657, 659, 674, 677, 678, 680, 718
Major 649
Richard 415, 416, 736
Samuel ....... 83 j
Dalton, Samuel 652, 655, 656, 660 [
662, 670, 680
Dam, John 67, 70-80
82, 84-88, 97-109, 1 12-117, 119
122-129, 131-136, 140, 142, 145-
I48, I50, 151, I53-160, l62, I64- :
l66, I69-I72, 174, I75, 660, 682
John, Jr 660 j
J)ana, Samuel 48."' 505
Danby, Earl of 665 !
JDanforth, 399 j
Jonathan 359
Jonathan, Jr 359
Samuel 475 :
Thomas 359
Daniel, Samuel 344
Daniel, Thomas.. 652, 656, 659, 662, 667
675, 680, 681, 686, 687,690, 736
Davenport, Addington 189, 190, 202, 206
Davis. James 67, 69-76, 80, 82-
89, 91-94,97-108, 111-119, I2I_
125, 127, 129-136, 145-147, 149-
151, 153-162, 164-169, 173, 174
186, 187, 192, 732, 734, 738, 740
John 660, 667
Sylvanus 344
Thomas 181
Timothy 94
Dean, Thomas 163
Deane, Charles 649-651
Dearborn, Godfrey 659
Henry 659
Thomas 659
Delafay, Charles 158
Denbo, Salathiel 31, 32
Dennett, Ephraim 96-104, 106-109
112-117, 119, 122-124, 126-136
138, 140-142, 145-160, 162, 164
-172, 174
John 659
Dickinson, 517, 519
Dimond, Reuben 531
Dolloff, Richard 62, 117
Doolittle, Rev. 497
Dow, Henry 180, 182
184, 185, 659, 661, 663, 684, 719
722, 724-727, 729. 73°, 733-740
Jabez 67, 69, 72
Joseph 180
Samuel 180, 182, 184
Downing, John.. 51, 58-62,65,67,89,91-96
Drake, Abraham 659
Nathaniel 659, 667
Dudley, Joseph 14
18, 21, 22, 25, 28, 40, 41, 54
55, 58> 59^ 375, 4i8, 609, 634
Paul 216
Samuel 660, 67 1
Theophilus 9
12, 17, 20, 23-33, 35-38, 44
45, 719, 729, 730, 735, 738-740
William 189, 202, 206, 215, 216
228, 290, 311. 313, 315,316a, 393
394, 398, 464, 465, 475, 641, 643
Duley, Philip . 657
Dummer, Jeremiah. . . . 193, 200, 203, 251
635, 636
William 200, 202
Dunbar, David 221, 239
D wight, Joseph .... 466
/:>-
INDEX.
Eastman, 483
Ebenezer 206-209, 532> 636
Samuel 50-53, 58-62, 65-67, 70
81, 82, 84, 86, 89, 91-93, 95-
109, 112-119, 122, 124, 125, 131
132, 134-136, 140, 141, 143, 148
150, 152-160, 162, 164-167, 174
East wick, Pheasant 684
Eaton, Ephraim 197, 198
John 516
Joseph 325, 640
Theophilus 337~34Q
Edgerly, Thomas 660
Elkins, Gershom 659
Ellins, Abigail 678, 682
Anthony 659, 678, 682
Elliot, Gilbert 540
Robert 60, 182
659, 662, 683, 684, 718, 730
Emerson, Rev. 86
Endicott, John 335-34°. 631
Evans. John 660
Robert 660
Eyer, Thomas 632
Fabes, John 659
Farron, Ensign 494
Farwell, Henry 319, 640
Favor, Cutting 531
Fellows, William 143, 201
Field. Captain 496, 497
Fifield, Benjamin 660
William 659
Fiske, John 359
Fitch. Thomas 189, 202, 206
Flanders, John 531
Fletcher, Captain 493
John 659, 665
Follansbee, Thomas 531
Follet, Nicholas 660
William 660
Folsom, John 731
John, Jr 660
Peter 660
Samuel 30
FOSS, John 659, 660
Foster, [ohn 344
r Joseph.^ 359
Fox, Little James 359
Nathaniel 676
Fo* roft, ( reorge 337-34°
French, . '. 493
John II
Frost, 210
Frost, John 75
Simon 276, 285, 312, 316 a
326, 327, 394, 398, 399, 434, 475
William 415, 416
Fryer, Nathaniel 659, 665, 667
Fuller, William 659
Furber, Jethro 686
William 660
Fyley, Samuel 228
Gage, Thomas 582
Gains, John 433
Gambling, Benjamin. . 133, 147, 155, 232
240
Gardner, John... 189, 262, 274, 392, 417
483
Garland, Mrs 490
Gedney, Bartholomew 344
Gerrish, John 660, 667, 668, 671
Paul 233
Richard 9, 28
40, 48, 51, 58-60, 63, 64, 67
70, 73, 74, 80-85, 88, 89, 93
96, 99, 103, 128, 132, 147, 155
Timothy.. . .30-32, 34, 36-39, 41, 42
44, 48-62, 64-66, 75
Gibbons, Ambrose 632
Giles, Captain 51
Gilman, Dariel 660
Edward 660
John 11, 89, 91-
109, 111-119, 122-129, I3I_I43
145-148, 150, 151, 153-167, 169-
172, 174, 652, 660, 662, 667, 687
Moses 660
Nicholas 9,11,12,16-18
23-26, 29-34, 36-39» 4i, 43-46
48-53> 55-59' 65-67, 70, 72-79
82, 84.
Glanfields, Peter 659
Godfrey, Isaac 660
Goffe, Thomas 337-34°
Gold, Samuel 493
Gordon, Nicholas 73 r
Gorges, Ferdinando 310, 604, 605
Sir Ferdinando. . .204, 214, 244, 290
293, 296, 303-307, 310, 355, 362
-364, 366, 367, 374, 376, 400, 416
421, 436, 437, 568-572, 581, 587
597, 603-605, 617, 627, 631-633
John 310
Goss, Jane 680
Gove, Edward 660, 662
Grafort, Bridget 735, 736
INDEX.
753
Greaves, Thomas 466, 475
Greeley, Andrew, Jr 197-199
Peter 166
Green, Bartholomew 711,712
Henry 182, 660
Isaac 174
Jacah . . .-. 152
Greenleaf, Stephen 323, 324, 640
Greenough, Daniel 140-142, 145-148
150, 151, 153-160, 162, 164-172
174, 175
Gresham, Stephen 679
Gulston, Joseph 471
Gunnison, Elihu 684
Haines, Matthias 659
Samuel 659
Samuel, Jr 659
Hale, Thomas 531
Halifax, Earl of 540
Hall, John 660
John, Jr 660
Joseph 660
Kinsman 660
Ralph 660, 662, 667
Richard 492
Halley, Doctor ... .413-415, 460, 470
Ham, J ohn 660
William 659
Hamilton, John 262, 274
Otho 274, 392, 417, 434, 483
Harcourt, Earl of 540
Harrington, Earl of 534
Harrison, Francis 262, 274
George 657
Harvey, 422
Elizabeth 733, 734
Thomas 659, 665
Harwood, George 337-34°
Thomas 532
Haskell, 501
Hathorn, John 344
Hazzen, 317
Richard 487-491, 501-503, 522
644, 645
Richard, Jr 206-209, 502, 636
Sarah 489
Heard, Benjamin 660
John 660
Hearle, William 659
Henchman, 3 r 8
Thomas 359
Henderson, Howard 146
Herrick, Sarah 676
51
Heyman, Samuel 344
Hildreth, Jacob 532
Zachariah 502
Hill, John 660
Nathaniel 9, 13, 17-19, 21-
35, 37-42, 44-46, 48-50, 52, S3,
57, 58, 70, 85, 719, 735, 738-740
Hiliiard, Timothy. 660, 732, 7^, 735, 737
Hillon, Madam n
Hillsborough, Earl of . . . . 540
Hilton, Edward 190, 191, 631, 660
Richard 159
Hincks, John 30, 138, 143, 659, 665
719,730
Samuel 138
Hinckley, Thomas 344
Hobart, Lord 534
Hobbs, Henry 660
Morris 321, 660
Hobby, Sir Charles 81, 113
Hodsclon, Jeremy 679
Holden, Samuel 426, 435, 450, 458
642, 643
Hollings, 469, 472
R 564, 628
Horne, William , 660
Hoskins, William 676, 683, 684
Huggins, James 660
Hull, Reuben. 659, 665, 678, 680
Humphreys, John .335-340
Hunking, John 659, 667, 676
Mark 23, 24, 44
51, 54, 60, 61, 64, 67, 70, 73, 75
78, 83, 85, 89, 93, 95, 96, in
130, 138, 139, 149, 153, 163, 173
186, 187, 192, 659, 663, 665, 690
Hunt, 491
Enoch 494, 532
George 682
Hurford, William 670
Huske, Ellis 506
Hussey, Christopher 652, 662, 667
Hutchins, Thomas .337-340
Hutchinson, Elisha 344
Thomas 394
398, 475>476, 49°' 5i°> 5i4,5i6
517, 523, 525> 534-536, 645, 646
Indians
George Tehanto 318
Hannock 142, 163
Joe English 317,319,320
Joseph Trask 358, 359
Merrimack . . .319, 320
754
[NDEX.
Indians
Mohawks 15
Passaconoway 356
Pease 508
Penacook 317, 318, 320
Sentur 508
Wattanummon 320, 358, 359
Wonolancet 318, 356. 410
Ingram, Aaron 32
Moses 422
Jackson, 506
John 659, 682
Richard 659, 665, 682
Thomas 659
Ja< ques, Daniel, Jr 370, 372
Hannah 370, 372
Jaffrey, George 9. 11, 13, 17-19
21-32, 34-60, 62-64, 66, 6j, 70
73-80, 82-89, 91-961 103, 111
130, 139, 140, 147-150, 155, 161
163, i73» 186, 187, 192, 193,201
210, 220, 221, 225, 232, 273,282
284, 2'SS, 299, 321, 333, 382, 422
483, 506, 530, 554, 555, 659, 665
[effries, David 225
Jettry. Cyprian. .316, 316 b, 529, 530, 645
James 32, 78, 124
127, 143, 171, 172, 186, 187. 192
201, 205, 209-212, 217-223, 229-
-33< 263, 273, 282, 284, 288, 299
315-316 1), 332, 333, 382, 395,400
410, 422, 424-426, 468. 481-484
526-528. 530, 531, S33^ 55i< 553
Jenks, Joseph 212-214, 234
S, 221,222
Richard 533
[ean 682
Mrs 679
Richard 737
Jocelj n, I lenry 632
Johnson, Benjamin 670
Edward 361, 632
[saac 337-340
John 659, 670, 680
Jolline, John 344
Jones, 486
( reorge 661, 664
Hannah 680
Stephen 9, 13, 18, 20, 23
27~33, 36-39» 4^-44. 49-66, 660
Jordan, Samuel 132
Jowles, 673
Keais, Samuel. ...9, 10, 13. 16-21, 23-32
34-67, 185, 659, 665, 735, 736
Kenniston, 124
Christopher 680, 682
Kilby , 470
King, .501
George 480, 481, 506, 510
Knowles, John 660
Lamprey, 422
Benjamin 43.,
Langstar, Henry 660
Lauers, George 650
Lawrence, 404
Leader, Richard 6-,2
Lear, Tobias 6cq
Leavitt, Benjamin j-,r
Moses 660
719, 728, 729, 731, 734, 738-740
Samuel 483, 660, 73 x
Leech, James 6-9,
Lewis, Ezekiel 466
John 659
Philip 659, 662
Libbey, Jeremiah 422, 483
Lindall, Timothy 202, 2o6
Line, John 3^
Little, Daniel 53!
George 53I
Littlejohn, Andrew 684
Livingstone, Philip.. . .262, 274, 392, 483
London, H 307
Longfellow, Nathan 165, 197, 198
Longley, John . 319, 331, 332, 640, 641
Lord, 529
Lothrop, Barnabas. ... 344
Lovell, Mrs 422
Lovett, Samuel 422
Thomas 660
Love well, 493, 511
Captain 508, 529
Jonathan 532
Zaccheus 532
Lux, William 659
Lynde, Benjamin, Jr . .215, 216. 228, 276
290, 311, 390, 394, 398, 402, 465
Joseph 344
Mackin, 422
Marden, John 143
Marion, John 1660
Marston, Ephraim 9
13, 18, 19, 21, 23-32, 35-
39, 4i-58> 67^ 71-80, 82, 84-
89, 91-102, 107, 321, 322, 640
INDEX.
755
Marston, Isaac 660
Samuel 422
Thomas 660, 662
William 660
Martin, Richard 652
656, 659, 661, 662, 664, 668
671, 675, 681, 686, 687, 689, 691
Mascarene, Paul 262, 265
Mason, Ann 367
John 190, 204, 244, 290
293, 296, 303, 304, 307, 343, 35s
362, 364-367, 374, 383, 393, 397
404-406, 412, 453, 454, 567, 569-
57i, 575, 581, 585, 59r> 593<596
602, 603, 607, 621, 626, 631-633
John Tufton 438, 453, 459, 465
606, 643
Joseph 367 , 632
Robert 308, 405, 632. 633, 651
687, 688
Stephen 344
Matthews, Benjamin 660
Francis 85
Maverick, Samuel 632
Maynard, Lord 303
McMurphy, John 221, 222, 225, 229
McNeal, James 371
Mead, John 140, 157, 163
Joseph 140, 157, 163
Nicholas 139-141
Meader, John 660
Middlecot, Richard 344
Miller, 495, 496
Millet, Captain 233
Mitchell, George 284
436, 469, 483-485, 49°' 492
503, 523, 526-528, 587, 644, 645
Moason, Lord 534
Moody, Captain 123, 126, 163
Joseph 659
Joshua , 664
Moore, Ensign 660
George H 709,713
Samuel 11
Sir Jonas 469
William 89, 91-96, 122, 667, 680
Morrill, Ezekiel 531
Morris, Captain 459
Morss, Obediah 659, 665
Moses, John 659
Moulton, Henry 660
John 660
Joseph 660
Murray, W 538, 551, 600
Neal, Captain 367
Walter 631, 659, 667
Newcastle, Duke of 230, 232, 534
Newell, Captain 459, 460
Newman, Henry 139, 144, 168
J93i 195, 199-203, 439, 635, 636
Nicholas, John 307
Nichols, 675
Colonel 363, 632
Eli 683
Nicholson, Francis 14, 15, 20
Norris, Sir John 534
North, Francis 306, 408, 571, 603
Northampton, Earl of 303
Nowell, Increase 337-34°
Noyes, Oliver 113
Thomas 185, 186, 634
Nudd, 'Thomas 660
Nute, James 660
James, Jr 660
Nutter, Anthony 660, 662, 667, 680
Oates, Richard 660
Ober, John 532
Odiorne, J. Jr 482, 484
John 659
Jonathan 58-67
Jotham 97-108, 112
113, 115-117, 119, 120, 122-129
131-136, 137, 140, 142, 143, 145-
151, 153-167, 169-172, 174, 209
210, 221, 273, 282, 284, 288,299
321, 333, 382, 422, 483, 506, 530
Ogg, William 516
Oliver, Thomas 186
Ormond, Duke of 303, 307
Orrok, Captain 459
Oswald, James 540
Packer, Thomas 8
86, 103-108, in, 113-117, u9
121, 122, 124-129, 131-135, 138
143, 146, 150, 192, 225, 273, 282
284, 288, 299, 316, 321, 333, 382
422, 468, 483, 530, 554, 73^, 734
Page, Caleb 531
Francis 660
Palmer, Samuel 468
Thomas 152
Paris, Ferdinando John 257, 481
518, 519, 521, 522, 639, 642, 645
Parker, Benjamin 318, 331, 640, 641
Colonel 50
Henry 532
756
INDEX.
Parker, Thomas 491. 492, 659
William 281, 284, 289, 377, 483
Partridge, John 77, 659, 670
Nehemiah 665
Richard 33, 427, 434-
436, 438, 440, 448, 449, 452, 459
-461, 466-468, 470, 472, 642, 643
William 33, 37, 634, 730, 734
William, Jr 733, 734
Patterson. John 516
Peaslee, Daniel 532
Nathaniel 206,289, 311' 37 1> 398
516
0 486
Pierce, George 163
Joseph 225
Joshua 103-109, 1 1 1-
120, 122-135, 138, 142, 145-149
I53i 155. 158-160, 162, 164-175
186, 187, 192, 193, 209, 210, 218
225, 229, 230, 240, 482, 484, 506
Pelham. T 258, 262, 268
Pendexter, Edward 192, 422
Penhallow, Samuel 30, 32, 52, 54, 55
59, 64, 67, 72, 78, 79, 81, 92
95, 96, 103-105, in, 117, 132
J38, 139, 147-152, 155, 161, 162
168, 172, 174, 186, 187, 192, 193
719, 720, 724, 734-736, 738-740
Perkins, Abraham 660
Isaac 660 i
William ' 660 j
Perry, Richard 163, 337-340 I
Peterborough, Earl of 303 j
Peterson, Andrew 676, 684 !
Philbrick, Jonathan .321-323, 640 j
Joseph 321, 323, 640 j
Philbrook, Elias 30 j
James 182, 184, 185 |
Thomas 660
Phillips, Adolph 212-214, 217, 234
Erasmus James... 262, 274, 392, 417
434, 483
John 344
Phipps, Thomas 60. 85, 94
Pickering, John. 50, 88, 118, 659, 662, 669
719, 7^2-724, 728, 730, 733, 737
-740
Pike, 660
Major 671
Robert 158, 163, 344
Pincheon, William 337~34°
Pitt, William 534
Plaisted, John 23, 24
26, 44, 52, 59-61, 73, 78, 83
96,97, 100, 105, 107, 117, 719
722, 723, 728, 729, 735, 738-740
Samuel 1 74
Plumer, R 258, 262, 268
Pomfret, Lieutenant 660, 669, 670
Popple, Alured 203, 369, 518, 636
Potter, John 262, 274, 392, 417, 483
Powis, Earl of 540
Pray, 422
Prentice, Nathaniel 493
Prescott, Benjamin 318, 394, 399, 402
Provost, William 274
Purmont, Joseph 676, 679
Purrington, Robert 659
Quincy, Edmund 215, 216, 228, 290
311, 314, 327, 394, 398, 427.434
-437, 457
John 228, 285
289, 316 a, 327, 394, 398, 399
427, 458, 466, 475, 476, 479, 516
Quire, Matthew 657
Rainsford, Richard- . . .306, 408, 571, 603
Rand, Edmund 422
Francis 676
John 660
Samuel 679
Randall, James. ..9, 13, 17, 18, 20-32
34-40, 42-46, 50, 53, 54, 57
58, 659, 719, 726, 735, 738. 739
Randolph, Edward. . . .652, 655, 662, 663
665,666, 672, 674, 675, 683, 689
690
Raynor, John 669
Mrs. Francis 669
Read, Hugh 97-108, 112-117, 119-
136, 138
John 325-328
Reading, John 262, 274
Redforcl, William. . 182, 183, 355, 390, 442
Redman, John 634, 660
Rednap, Colonel 36
Remick, Abraham 32
Remington, Jonathan 202, 206
Richards, John 344
Richardson, William 492, 493, 502
Rindge, Daniel 646
John 225, 233
235, 240, 250-252, 256, 257, 259
-261, 263, 269, 272, 273, 277. 282
284, 288, 299, 321, 333, 382, 429
INDEX.
757
430, 432, 433, 464, 468, 482, 483
519, 521, 522, 530, 542, 554, 555
558, 576, 610, 637-639, 642, 646
Roberts, John 652, 660, 661, 663, 684
Thomas 660
Robins, 493
Robinson, Jonathan 660
Roby, Henry 660, 670, 680
Ichabod 468
Rogers, Nathaniel i47> I5S
Rev. 86, 118
Rolfe, Benjamin 371, 373^ 376, 532
Henry 289, 311, 390, 398, 402
Romer, Colonel 726
Rose, Roger . . 676
Roswell, Sir Henry 242
335-340, 383, 384, 565, 566
568, 573, 581, 601, 602, 607, 631
Rowell, William 531
Russell, Eleazer 281, 282, 456, 711
Henry 676, 678
James 344
Ryder, D 368, 369, 538, 600
Saltonstall, Colonel 531
Nathaniel 344
Richard 206
Sir Ralph 337, 566
Sir Richard 338-340
Sanborn, 209
John 660, 667
Jonathan 75
William 660
Sanders, Henry 532
Sandwich, Earl of 540
Sandys, Lord 534
Sarge'nt, 501
Peter 344
Savage, Elizabeth 680
Henry 659
Scammon, Anthony 662
Richard 660, 661, 664
Scott, 501
Seavey , Thomas 659
William 659, 664
Seaward, John 659
Severet, Philip 674, 675
Sewall, Mitchell , ... .371
Sewer, Richard 683
Seymour, Edward 307
Shackford, William 660
Shapleigh, Nicholas 632
Sharpe, W 262, 281, 536
Shaw, Benjamin 660
Shaw, Ebenezer 493, 502, 528
Joshua 660
Sheafe, Sampson 719, 723
Sherburne, Henry 136-
140, 142, 145-148, 154-160, 162
164-166, 174, 193, 220, 221, 232
240, 506, 527, 637, 659, 676-678
John 152, 659, 678
Joseph „ . 506
Mrs 677
Samuel 660, 667, 670, 678
Sherriffe, William 262, 274
Shilleto, Michael 676
Shipway, John 659, 665
Shortridge, Richard 659
Shove, Edward 228
I Shute, Samuel 92
95, 96, 102, no, 114, 121-123
127, 129, 133, 153, 157, 168, 173
174, 189, 191, 198, 356, 360, 361
418, 419, 421, 581, 609, 634, 635
Sims, 422
Skene, .422
William 262, 274, 392, 483
Slake, Derrick .501
Sleeper, Thomas 660
Sloper, Ambrose . . . 38
Elizabeth 156
Richard 38, 659
Small, Francis 634
Thomas 143
Smart, Robert. 660
Smith, Benjamin 502, 527, 528
Edward 660
Jabez 156
James 660
John 660, 719, 724-726, 732
Joseph 9, 13, 17-
19, 21, 23, 24, 26, 27, 29-32, 34
37-41 , 43-45, 47-5 1 , 53-67, 70, 72-
80, 82, 84-87, 89, 91, 108-1x3
180, 182, 184, 185, 660, 723, 724
Robert 660
Samuel 468, 482, 484, 531
William , 711
Snell, George 686, 689
Snow, 494
John 532
Souter, John 663, 669
Southcott, Thomas 335~34°
Southwick, Captain 107
Spurr, Captain 501
Stair, Earl of 534
Stanniel, Anthony 660
758
INDEX.
Stanyan, Jolin 182 I
Temple 517
Stephenson, Joseph 679
Stevens, 209
B.F 650
Ebenezer 533 '
Stickney, Jeremiah 532
Stileman, Elias 633
650. 652-656, 659, 662, 667 i
668, 671, 68:, 686, 687, 690,691 I
Stiles. William 146
Stoddard, Anthony 465, 475, 476 '
John 216
Story, Charles . .15. 16, 18-24, 26. 28, 30
34. 35, 40, 41, 51, 54, 78, 734
Mrs 79' H9
Stoughton, William 374
Stratford. Earl of 303
Strange, J 564, 628 I
Sunderland, Karl of 303 \
Swan, Caleb 493, 502, 528
Swett, Joseph. 719, 730,733, 734, 738-740
-Moses 182, 184
Talcott, Joseph 212-214, 234 j
Taylor, Abraham 532 ,
Anthony 660
Colonel 80
Thaxter, Samuel 216
Thing, Dartholomew 233
Benjamin 233
Constable 664
Jonathan 660
Samuel. ..-44, 48-53, 56, 58-62, 64
65, 67, 70, 73-78, 81, 82, 84-86
Thomas, John 359
Thomlinson, John 264, 273, 424
43i, 437, 438, 446, 447, 452-455
459-464. 468, 471, 474- 481, 482
51S. 519, 521, 522, 526, 550, 562
SC)3- 5^5, 588> °38, 639, 641-645
I hompson, Cornelius 670
Thurton, Thomas 682-684
Tibbet, -Mary 670
TibbettS, Samuel 67, 70-80, 82, 84-
,s9- 9I_93i 95-108, iu-117,
[ 19, 122-124. 128, 129, 131, 133
[35, [36, 140, 142, 143' U5, 150
[51, [53-156, 164-174, 192, 670
niton, Daniel 9
[3, 18, 19, 22-32. 34-39. 41
43- 44. 47- 5°. 53* 56, 5's- r,r,o
1 ippin, Bartholomew 660. 662
Tit. omb, William 324. 325, 640
Torrington, Viscount 534
Trickie, Goodwife 670
Zachariah 657
Tuck, John 103-108, 737-739
Tucker, John 659, 665, 668
Turner, John 394
Tuttle, John 660, 663, 669, 719, 732
Twisden, Peter 672
T)'ng, 492
Eleazer 493
Jonathan 356, 358, 359, 408, 410
633, 634
William 317, 319
Usher, John 13, 15, 69, 183, 184, 204
310, 407, 421, 436, 532, 634, 723
Van Horn, Abraham 262, 274
Cornelius 262, 274
Varney, Humphrey 660
Varnum, Benjamin F 485, 491, 503
John 525, 645
Joseph 490-492
Joseph, Jr 490
Vassall, Samuel 337~34°
William 337~340
Vaughan, George 67, 69, 81, 87, 88
90, 93, 104, 107, 109, 136,147,155
194, 632
William 33, 37, 42
84, 85, 88, 114, 132, 182, 652
656, 659, 662, 671, 675, 681-683
686, 687, 690, 728, 733, 735, 736
Ven, John 337~3A°
Vernon, Samuel 262, 274, 483
Vines, Richard 632
Wadleigh, Jonathan 7$, 731
Robert 660, 669
Wainwright, Colonel 206
John 394
Waldron, John 670
Richard 51
52, 78, 79, 85, 93, 105, 108, in
121, 122, 127, I30, I33, I34, I39
147, I48, 150-152, I55, 163, 164
173, l82, 187, 188, I99, 201, 205
209-212, 217-223, 23O-232, 240
249, 263, 273, 276, 28l, 2S2, 315
33?< 333, 355, 356, 36i,39o»393
417-420, 424, 442, 456, 464. 465
481, 482, 484, 488, 502, 506, 507
510. 522, 528, 530, 55^-554, 632
634, 635, 637-639, 641, 643, 649
INDEX.
759
650, 652, 655, 660, 662, 664, 667
670, 681, 686, 687, 689, 729, 731
Richard, Jr 660, 662, 680
Walford, Jeremy 680
Thomas 679, 680
Walker, George 96-102
John 723
Joseph 659
,Sir Hovenden 19
Wallace, Colonel .32
George 659
William 90
Walley , John 344
Walter, Fitz 258, 262, 268
Walton, Captain 723
George 248, 249
468, 482, 484, 533, 634, 680, 682
Luthrick 147
Shadrach 66, 67, 69-
80, 82, 84-89, 91-95, 125, 136
:53, *55, I56, 209, 210, 221,232
273, 282, 284, 288, 299, 315, 316
321, 333, 382, 483,506, 733,734
Wanton, William 239
Ward, Hester 657
Thomas .660
Warner, 414
Ezekiel .262, 274, 417, 483
Warnerton, Thomas 632
Warren, James 399
Watts, John 531
Weare, Nathaniel 31, 182
184, 209, 210, 218, 219, 221, 229
230, 232, 233, 240, 660, 669, 680
Peter 58-62, 64-67, 69, 70, 73-
80, 82, 84, 86-89, 91-108, 123-
133, 135, 136, 140, 143, I45-J48
150, 151, 153-159, 163-167, 169-
174, 186, 187, 192, 355,356,632
Webber, Richard 670
Webster, John. 197, 198
Thomas 660
Weeks, Leonard 659
Samuel 51
Welles, Captain 499
Samuel 215, 216, 228
290, 311, 390, 394, 398, 402,475
Wells, John 262, 274
Wendall, Jacob 117
Wentworth, Benjamin 174 |
Benning 225, 471, 484
519, 528, 530, 531, 533, 645,646
Elder 660
Ezekiel. .9, 13, 16-19, 21-26, 28, 30, 33
Wentworth, John 44, 72, 78
89, 103, in, 114, 121, 122, 128
143, 147, 148, 154, 155, 169, 172
186, 196, 197, 225, 489, 634-636
Paul 321, 322, 640
Samuel 659
West, Edward 152, 172, 680
Edward, Jr 68q
Westbrook, John 659
Thomas 150, 151, 192
Wheeler, Samuel 494
Wheelwright, ... . 68 1
John 356-358, 408, 602, 631
Whetcomb, Symond .335-340
Whidon, Elizabeth '. ... 678
John 659, 678
Samuel 659
White, Magnus 676
Nicholas 531
William 163
Whitehouse, Thomas .660
Whiting, John 239
Whitney. 494, 495
Wibird, Richard. 50, 67, 69, 73-80, 82-89
91-97, 104, in, 125, 130, 136
138, 140, 147, 149, 155, 161, 163
186, 187, 192, 201, 221, 232, 637
Wiggin, Andrew 97
-109, 112-117, 119, 121, 122
124-129, 134-136, 140, 143, 145
148-151, 153-160, 162, 164-172
174, 225, 263, 273, 282, 284,288
299, 316, 321, 333, 382, 422,468
483, 552, 553, 564, 639, 660, 730
Jonathan 159
Thomas 631, 660
Wilks, Francis 249, 251, 254-256
258-261, 263-265, 268, 269, 427
434-436, 438-440, 448, 449, 452
458-461,464, 466-468, 470,471
474, 475, 543, 638, 639, 642-644
Williams, Robert 657
Willard, Josiah 188, 189, 191
197, 198, 200, 202, 203, 205,206
215, 228, 249, 258, 263, 264, 268
285, 286, 289, 290, 292, 307, 354
359, 375, 427, 434-436, 438, 439
448, 452, 457-46i, 465-468, 470
• 474-476, 523, 635-639, 642-645
Simon 357, 361, 632
Williamson, Secretary 303, 307
Willis, J 368, 369
Willy, John 678
Margaret 678
jf)0 INDEX.
Willy, Thomas 678 Woodland, Captain 657
Wilmington, Lord 490 Woodman, John. .660, 719. 730. 735, 740
Wilson, Humphrey 660 Woolaston, .204
Lte, John 660, 662 Worcester, Marquis of 303
seph 233 J Wright, Joshua 494
Joshua 58-66,70, 75,422,483 "Nathaniel 337~34o
Winslow, Edward 2S5
Winthrop, Adam 344 Yonge, Sir William 534
Wait 344 ; York, Duke of 688
Woodbury Nathaniel 532 I Young, Sir John 335-34°
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