HANDBOUND AT THE
UNIVERSITY OF TORONTO PRESS
THE HISTORt
NEW-HAMPSHIRE.
COMPREHENDING
The Events of one complete century and seventy -five years from the discovery
of the River Pascataqua to the year one thousand
seven hundred and ninety.
CONTAINING ALSO,
A GEOGRAPHICAL DESCRIPTION OF THE STATE,
SKETCHES OF ITS NATURAL HISTORY, PRODUCTIONS, IMPROVEMENTS, AND PRESENT STATE OF SOCIETY AND MANNERS, LAWS, AND GOVERNMENT.
BY JEREMY BELKNAP, D.D.
Member of the American Philosophical Society held at Philadelphia, for pro- moting useful knowledge, and of the Academy of Arts and Sciences in Massachusetts.
THE SECOND EDITION,
WITH LA.HGE ADDITIONS AND IMPROVEMENTS, PUBLISHED FROM THE AUTHOB/S LAST MANUSCRIPT.
ILLUSTRATED BY A MAP.
Tempus edax rerum, tuque invidiosa vetustas Omnia destruitis: vititaque dentibus ffivi
Paulatim lenta eonsumitis omnia morte. i L
>K
H*c perstant. Ovi».
VOL. I.
BOSTON :
PUBLISHED BY BRADFORD AND READ.
H
DISTRICT OF MASSACHUSETTS, TO XVIT :
District Clerk's Office.
BE IT REMEMBERED, That on the eighteenth day of June, A D. 1813, and in the thirty-seventh year of the Independence of the United States of Amer- ica. BRADFORD &? READ, of the said District, have deposited in this Office the title of a Book, the right whereof they claim as Proprietors, in the words following, to ivit :
The History of New-Hampshire. Comprehending the events of one complete century and seventy-five years from the discover}' of the river Pascataqua to the year one thousand seven hundred and ninety. Containing also, a geographical description of the Slate, with sketches of its natural history, productions, im- provements, and present state of society and manners, laws, and government. By JKKEMY BELKITAP, D.D. memher of the American Philosophical Society held at Philadelphia, for promoting useful knowledge, and of the Academy of arts and sciences in Massachusetts. The second edition, with large additions and improvements, published from the author's last manuscript. Illustrated hy a map.
Tempos edax rerum, tuque invidiosa vetustas
Omnia destruilis : vititaque dentibus oevi
Paulatim lenta consumitis omnia morte.
llsec perstant. OVID.
In conformity to the Act of the Congress of the United States, entitled, "A a Act for the encouragement of Learning by securing the copies of Maps, Charts and Books, to the Authors and Proprietors of such copies, during the times therein mentioned ;" and also to an Act entitled, "An Act supplementary to an Act, entitled, an Act for the encouragement of learning, by securing the r.opies of Maps, Charts and Books, to the Authors and Proprietors of such copies 'luring the times therein mentioned ; and extending the benefits thereof to the arts of designing, engraving, and etching historical and other prints."
AV1U.1AM S. SHAW,
\u
PREFACE.
\V HEN a new publication appears, some pre* account ot the reasons which led to it, and the manner in k -us been conducted, is generally expected.
The compiler of this history was early impelled by his natur- al cimor4ty to enquire into the original settlement, progress, and improvement ot the country which gave him birth. When he took up his residence in New-Hampshire his enquiries were more particularly directed to that part of it Haxing met with some valuable manuscripts which were but little known, he be- gan to ex.uwA cum uiciriuciize the principal things in them ; an4 this employment was Cto speak in uiv, oiju, \jt. a vcicnrated mod- ern author) his " hobby horse "
The work, crude as it was, being communicated to some gentlemen, to whose judgment he paid much deference, he was persuaded and encouraged to go on with his collection, until the thing became generally known, and a publication could not decently be refused.
He owns himself particularly obliged to the public officers both in this and the neighbouring state of Massachusetts, under the former as well as the present constitutions, for their oblig- ing attention in favouring him with the use of the public records
PREFACE.
or extracts from them. He is under equal obligation to a num- ber of private gentemen, who have either admitted him to their own collections of original papers or procured such for him. In the course of his enquiry he has frequently had reason to la- ment the loss of many valuable materials by fire and other acci- dents : But what has pained him more severely is the inatten- tion of some persons in whose hands original papers have been, deposited, and who have suffered them to be wasted and de- stroyed as things of no value. The very great utility of a pub- lic repository for such papers un ier proper regulations, has ap- peared to him in the strongest light, and he is persuaded that it is an object worthy the attention of an enlightened legislature.
The late accurate and indefatigable Mr. PRINCE of Boston, (under whose ministry the author was educated and whose memory he shall always revere) he^an such a collection in his youth and continued it for above fifty years. By his will he left it to the care of the Old South Church, of which he was pastor, and it was deposited with a library of ancient books in an apart- ment of their meeting-house. To this collection, the public are obliged for some material hints in the present woi or
having had frequent access to thatlibia
ment of the late war. But the use < in
1775 made of that elegant buildiir. h.m • 'is
noble collection of manuscripts ; the friend* of science ur.J of America must c'eplore the irretriev Me ir** H •« VVP. ^.Kered it by the h HIKU /%r v; A u . „ „ XTC tho h. icf had been less poignant I
Historians have mentioned the affairs of New-Hampshire on- ly in a loose and general manner. Nettle and Douglas, though frequently erroneous, have given some hints, which by the help of original records and other manuscripts, have in this work been carefully and largely pursued. Hu'chinson has said many thing* which the others have omitted ; his knowledge of the antiqui- ties of the country was extensive and accurate, and the public are much obliged by the publication of his history ; but he knew more than he thought proper to relate. The few publi- cations concerning New-Hampshire are fugitive pieces dictated by paity or interest. No regular historical deduction has ever
PREFACE.
appeared. The late Mr. FITCH of Portsmouth made a begin- ning of this sort about the year 1728 : From his papers some things have been collected which have not been met with else- where. The authorities from which information is derived are carefully noted in the margin. Where no written testimonies could be obtained, recourse has been had to the most authentic tradition, selected and compared with a scrupulous attention, and with proper allowance for the imperfection of human mem- ory. After all, the critical reader will doubtless find some chasms which in such a work it would be improper to fill by the help of imagination and conjecture.
The author makes no merit of his regard to truth. To have disguised or misrepresented facts would have been abusing the reader. No person can take more pleasure in detecting mis- takes than the author in correcting them if he should have op- portunity. In tracing the progress of controversy it is impos- sible not to take a side, though we are ever so remote from any personal interest in it : Censure or applause will naturally follow the opinion we adopt. If $e reader should happen to entertain different feelings from the writer, he has an equal rightio indulge them ; but not at the expence of candor.
The Masonian controversy lay so directly in the way that it could not be avoided. The rancour shewn on both sides in the early stages of it has now subsided. The present settlement is so materially connected with the general peace and welfare of the people, that no wise man or friend to the country can at this day wish to overthrow it.
Mr. HUBBARD, Dr. MATHER and Mr. PENHALLOW have published narratives of the several Indian wars : Thebe have been compared with the public records, with ancient manu" scripts, with CHARLEVOIX'S history of New-France, and with the verbal traditions of the immediate sufferers or their de- scendants. The particular incidents of these wars may be tedious to strangers, but will be read with avidity by the posteri- ty of those whose misfortunes and bravery were so conspicuous. As the character of a people must be collected from such 9.
PREFACE.
minute series, it would have been improper to have been le»s particular.
The writer has had it in view not barely to relate facts, but to delineate the characters, the passions, the interests and tem- pers of the persons who are the subjects of his narration, and to describe the most striking features of the times in which they lived. How far he has succeeded, or wherein he is defective^ must be left to the judgment of every candid reader) to which this work is most respectfully submitted,
Dover, June I, 1784,
CONTENTS.
CHAP. I.
JDlSCOVERY of the country. Eftablifli- ment of the council of Plymouth. Their grants to Mafon and others. Beginning of the fettlements at Portfmouth and Dover. Whelewright's Indian purchafe. Neale's adventures. Difcouragements. DifTolutioa of the council. Mafbn's death. Caufes of the failure of his enterprize. Page 9.
II. Troubles at Dover. Settlements of Exe- ter and Hampton. Story of Underbill. Defertion of Mafon's tenants. Combina- tions at Portfmouth and Dover. Union of New-Hampfliire with Maflachufetts. 32.
III. Obfervations on the principles and con- duct of the firft planters of New-England. Caufe of their removal. Their religious fentiments. Fortitude. (Jare ot their pof- terity. Juflice. Laws. Principles of gov- ernment. Theocratic prejudices. Intoler- ance and perfections. 54.
IV. Mode of government under MafTachu- fetts. Mafon's efforts to recover the pro- perty of his anceftor. Tranfactions of the king's commiffioners. Oppofition to them. Internal tranfactions, Mafon difcouraged*
85.
V. Remarks on the temper and manners of
Vlll, CONTENTS.
the Indians. The firfl general war with them, called Philip's war. 100.
VI. Mafon's renewed efforts. Randolph's miffion and tranfactions. Attempts for the trial of Mafon's title, New-Hampfhire feparated from Maffachufetts and made a royal province. Abftradl of the commif- fion. Remarks on it. 184.
VII. The adminiftration of the firfl council. Mafon's arrival, Oppofition to him. His departure. State of trade and navigation.
143.
VIII. The adminiftration of Cranfield. Vio- lent meafures. Infurrections. Mafon's fuits. Profecution of Moody and Vaughan. Arbitrary meafures. Complaints. Tu- mults. Weare's agency in England. Gran- field's removal. Barefoote's adminiftra- tion. 153.
IX. Adminiftration of Pudley as prefident, and AndrofTe as governor of New-England. Mafon's further attempts. His difappoiiit- inent and death. Revolution. Sale to Al- len. His cpmmimon for the government.
184.
X. The war with tK<? French and Indians, commonly called King William's war. 195.
XL The civil affairs of the province during the adminiftrations of Ufher, Partridge, Al- len, the Earl of Bellamont and Dudley, comprehending the whole controverfy with Allen and his heirs. 231.
XII. The war with the French and Indians, called Queen Anne's war. Conclufion of Dudley's and Ulher's adminiftratioo. 263,
THE
HISTORY
6 F
: NEW-HAMPSHIRE.
i
G H A P. L-
Ui&c(ji>ery of the country. — F^stablishmt-nt of the Council of Plymouth. — '-Their grant* to Mason and others. — Beginning •jfihe. settlements at P'ortsmvuth and Dover. — Wheleivrighfv Imlian fture/Mise.—^Vfiu'fi adi>entures.-»— 'Discouragements. — of the Council. — Mason" a death. — Causes of the' oj hi* tmerjn'i'zc.
is happy for America that its dif- covery and fettlement by the Europeans hap- pened at a time when they were emerging from a long period of ignorance and darknefs. The difcovery of the magnetic needle, the in- vention of printing, the revival of literature and the reformation of religion, had caufed a Vafl alteration in their views, and taught them the true ufe of their rational and active pow- ers. To this concurrence of favourable cauf- es we are indebted for the precifion with which we are able to fix the beginning of this great American empire : An advantage of which the hiftorians of other countries almofl univerfally are deftitute ; their firft aeras being either difguifed by fiction and romance, or involved in impenetrable obfcurity.
Mankind do not eafily relinquiih ancient and eftabliihed prejudices, or adopt new fyf- tqms of conduct, without fome powerful atj^ B
10 HISTORY 6f
tractive. The profpect of immenfe wealth, from the mines of Mexico and Peru, fired the Spaniards to a rapid conqueft of thofe re- gions and the deftruction of their numerous inhabitants ; but the northern continent, pre- fenting no fuch glittering charms, was ne- 1496. gle6led by the European princes for more prince^ than a century after its difcovery. No ef-
Annals. ' i r i r i
rectual care was taken to iecure to themieives the polTeflion of fo exteniive a territory, or the advantage of a friendly traffic with its na- tives, or of the fifhery on its co;ifts ; till pri- vate adventurers at a vaft expence, with i-ifi- nite hazard and perfevering zeal, eftabliihed fettlements for themfelves; and thereby en- larged the dominions of theii* fovereigns.
Of the voyagers who vifitecj the northerii coaft of America, for the fake of its furs and filh, one of the mofl remarkable was Captain J614 J°mi Si^i^h ; who ranged the more from Pe- iiobfcot to Cape Cod, and in this route diC- covered the river Pafcataqua ; which he found to be a fafe harbour with a rocky more. He returned to England in one of his mips, and there publiflied a defcription of the country, with a map of the fea-coaft, which he prefent- c4 to- Prince Charles, who gave it the name of NEW-ENGLAND. The other ftiip he left be- hind under the ca'rg of Thomas Hunt, who decoyed about twenty of the natives on board and fold them for flaves at Malaga. This perfidious action excited a violent jealoufy in tliQ natives, and bitterly enraged them againft fucceeding adventurers. Two of thofe fav- ages having found their way back as far as Newfoundland, then under the government of Captain John Mafon, were reftored to their
MEW-HAMPSHIRE. 11
native country by his friendly interposition, _1 6 14; and reported the itrong disapprobation, which the Engliih in general entertained of the- jnif- chievous plot by which they had beeu car- ried off. By this means, together with the - prudent endeavours of Captain Thomas Der- _,
-1 , Hubnara s
mer, and afterward of the Plymouth lettlers, printed tranquility was re-eftab,liihed between the Set^oub- Indians and the adventurers, which was tol- lensd^ the erably preferved for many years. However Q. fond we may have been of accufing the In- dians of treachery and infidelity, it muft be confeiled that the example was firft fet them by the Europeans. Had we always treated them with that juftice and humanity which our religion inculcates, and our true intere|l at all times required, we might have lived in as much harmony with them, as with any other people on the globe.
The importance of the country now be- 1620. gan to appear greater than befqre, and fome meafures were taken to promote its fettle- ment. A patent had been granted by King James in 1606, limiting the dominion of Vir- ginia, from the thirty-fourth, to the forty- fourth clegrfee of northern latitude ; which extent pf territory had been divided into two parts, called North and South Virginia. The latter was affigned to certain noblemen, knights and gentlemen of London, the for- mer to others in Briftol, Exeter and Plym- outh. Thofe who were interefted in the Gorges' northern colony, finding that the patent did not fecure them frorn the intrufions of oth- ers, petitioned for an enlargement and con- firmation of their privileges. After fome ^ov^; time, the king, by his fole authority, confti-
12 HIS TOR YO*
1620. tuted a council, confiding of forty noblemeo, knights and gentlemen"*, by the name of " The council eftabliihed at Plymouth, in the " county of Devon, for the planting, ruling " and governing of New-England, in Ameri-
MS Copy fC )> r-r^'t ' • • 1
in super. ca. I hey were a corporation with perpet- court files. uaj faccellion, by election of the majority ; and their territories extended from the for- tieth to the forty-eighth degree of northern latitude. This patent, or charter, is the foun- dation of all the grants that were made of the country of New-England. But either from the jarring interefts of the members, or their indiftin<5l knowledge of the country, or their inattention to bufiuefs, or forne other caufe which does not fully appear, their affairs "vere tranfa&ed in a confufed manner from the beginning ; and trie grants which they made were fo inaccurately described, and in- terfered fo much with each other, as to oc- cafion difficulties and controverfies, fome of which are not yet ended*
Two of the moft active members of this coun9il were Sir Ferdinando Gorges and Captain John Mafon. Gorges had been an
* The Du'-e of Lenox, John Brook?,
Marquis «f Bncki -^ham, - — Thomas Gates,
-Hamilton, Richard Hawkins,
Earl of Pembroke, - — Richard Edgecombe,
Amndel, — — Allen Apslry,
Bath, ; — Warwick He:, ! ,
Soutl'nmpton, Richard Coto;
S ah sbn rv, . .Ton n ' Ro- 1 riffh iere,
-War.vick, — •- Nathaniel Rich,
Visconnt Hadoington, Kdward Giles,
.Lord Zouche, — *- Giles Mompesson,
SheTiehi, Ti'om-is Wroth, IU
Gorges, M;i:
8ir Edward Seymov.-, Kol^ert Heath,
RoVrt Mans^l, Ilenrj' Bnurgcbiere,
• — Edward Zonchp, John Drnkr,
TTVidiey Di^ge?, Ravvley Gilbert,
— -Tlmmas Roe, fieorjre Cliu'liey.
Ferdinando Gorge r. rl"homas H;imn.'
;'am; Jo'i'' Av;r:(tL K: :
NJEW-HAMPSIIIRE. 13
^officer in the navy of Queen Elizabeth, inti- 1620; mately connected with Sir Walter Raleigh, Hume- of whofe adventurous fpirit he had a large fhare. After the peace which King James made in 1604, he was appointed governor of the fort and ifland of Plymouth in Deyon- ihire. While hie refided there, Captain Wey- mouth, who had been employed by Lord Arundel in fearch of a north weft paffage, but had fallen fhort of his courfe and put in at Pemaquid, brought from thence into the har- bour of Plymouth, five natives of America, three of whom were eagerly feized by Gor- ges, and retained in his fervice for three years. Finding them of a tra&able and communi- cative difpofition, and having won their af- fections by gentle treatment, he learned from them many particulars concerning their cpuntry, its rivers, harbours, iflands, fisheries and other products ; and the numbers, force, difpofition and government of the natives ; .and from thjs information he conceived fan- guine hopes of indulging his genius, and mak- ing his fortune, by a thorough difcovery of the country. For this purpofe he, in con- N juncjlioii with others, ventured feveral mips, whereof fbme met with peculiar misfortunes ; and others brought home accounts, which, though difcour aging to fome of his affbciates, made him determine upon farther attempts, wherein his reiblution and perfeverance were more conspicuous than any folid gain, Thefe tranfadlions were previous to the eftablifh- ment of the council ; in foliciting which, Gorges was fb extremely a6Uve, that he was appointed their prefident, and had a principal (hare in all their tranfa<51ions. Mafon wa.- >: •
14 HISTORY OF
1620. merchant of London, but became a Tea-officer., and, after the peace, governor of Newfound- land, where he acquired a knowledge of America, which led him, on his return to pngland, into a clofe attachment to thofe who were engaged in its difcovery ; and upon fome vacancy in the council, he was elected
• a member and became their fecretary ; being alfo governor of Portfmouth in Hampihire.
1621. ^e Procured a grant from the council, of all March 9. the land from the river of Naumkeag, [now
Salem] round Cape Anne, to the river Mer- rimack ; and up each of thofe rivers to the fartheft head thereof ; then to crois over from the head of the one to the head of the other ; with all the iilands lying within three miles of the coaft. This diftriit was called MA-
1622. RIANA. The next year another grant was AB^.IO. jn;ijej to Gorges and Mafon jointly, of all
the lands between tlie rivers Merrimack and Sagadehock, extending back to the great lakes and river of Canada, and this was called LACONIA.
Under the authority of this grant, Gorges and Mafon, in conjunction with fever al mer- chants of London, Briflol, Exeter, Plymouth, Shrew fbury and Dorchefter, who ftyled them- felves " The company of Laconia," attempted the eftablifhment of a colony and filhery at the river Pafcataqua ; and in the fpring of
1623. the following year feiit over David Thomp- foiij a Scotfman, Edward and William Hil- ton, fifhmongers of London, with a number of other people, in two divifions, furniihed with all neceffaries to carry on their defign. One of thefe companies landed on the fouth. qrn fliore of the river, at its mouth, and call.
15
ed the place Little-Harbour : Here they 1623, eredled falt-works, and built an houfe which was afterward called Mafon-Hall ; but the Hiltons fet up their ftages eight miles fur- ther up the river toward the northweft, on a neck of land which the Indians called Win- Hubbaid«g nichahannat, but they named Northam, and MS. afterward Dover. Thompfon not being pleaf- ed with his fituation, removed the next fpring 1(324, to an ifland in the bay of Maffachufetts ; this the General Court afterward confirmed to Prince's him and ftill bears his name. ls*,
Thefe fettlements went on but flowly for fqveral years, but the natives being peaceable and feveral other fmall beginnings being made along the coaft as far as Plymouth, a neigh- bourly intercourfe was kept up among them^ each following their refpecTlve employments of fifhing, trading and planting, till the dif- orderly behaviour of one Morton, at Mount Wollafton in the Bay of MafTachufetts, cauf- ed an alarm among the fcattered fettlements as far as Pafcataqua. This man had, in de- fiance of the king's proclamation, made a practice of felling arms and ammunition to the Indians, whom he employed in hunting and fowling for him ; fo that the Englifh, feeing the Indians armed in the woods, be- gan to be in terror. They alfo apprehended danger of another kind 5 for Morton's plan- tation was a receptacle for difcontented fer- vants, whofe defertion weakened the fettle- ments, and who, being there without law, were more formidable than the favages them- felves. The principal perfons of Pafcataqua therefore readily united with their neigh-
t . , . J .&
oours, in making application to the colony
£6 HISTORY CJP
1628. of Plymouth, which was of more force thart all the reft, to put a ftop to this growing mif- chief ; which they happily effected by feiz- ing Morton and fending him prifoner to England.
Some of the fcattered planters in the Bay of MafTachufetts, being defirous of making a
1629. fettlemeiit in the neighbourhood of Pafcata- qua, and following the example of thofe at Plymouth, who had purchafed their lands of the Indians, which they confcientioufly thought neceflary to give them a juil title, pro- cured a general meeting of Indians, at Squam- fcot falls, where they obtained a deed from Paflaconaway Sagamore of P'enacook, Run- naawitt of Pantucket, Wahangnonawit of Squamfcot, and Rowls of Newichwannock : wherein they express their * defire to have
* the Englifh come and fettle among them as
* among their countrymen in MafTachufetts,
* whereby they hope to be ftrengthened *againft their enemies the Tarrateens ; and
* accordingly ivitb the univerfal confcnt of their 'fiiljetJs, for what they deemed a valuable con-
* fideration in coats, fhirts and kettles, fell to fc' John Whelewrightof the Maflachufetts Bay,
* late of England, minifler of the gofpel, Au- 4 guftine Story [or Storer] Thomas Wight, 4 William Wentwor th, and Thomas Leavit, " all that part of the main Land bounded by " the river Pafcataqua and the river Merri- " mack, to begin at Newichwannock falls in " Pafcataqua river aforefaid, and down faid " river to the fea ; and along the fea-fhore to i; Merrimack river ; and up faid river to the <c falls at Pantucket ; and from thence upon a t: northweft line, twenty Englifh miles
-H AMPS HIRE. 17
u the woods ; and from thence upon a ftrait 1629, " line northeaft, till it meet with the main "rivers that run down to Pantucket falls, " and Newichwannock falls aforefaid* ; the " faid rivers to be the bounds from the thwart " or head line to the aforefaid falls, and from " thence the main channel of each river to " the fea to be the fide bounds ; together with " all the illands within the faid bounds ; as " alfo the ifles of fhoals fo called." The con- ditions of this grant were, c that Whelewright c Ihould within ten years, begin a plantation
* at Squamfcot falls ; that other inhabitants
* mould have the fame privileges with him ; c that no plantation mould exceed ten miles 6 fquare ; that no lands fhould be granted c but in townfliips ; and that thefe fhould be cfubjecl to the government of the Mafla-
* chufetts colony, until they fhould have c a fettled government among them-
* felves ; that for each townfhip there fhould
* be paid an annual acknowledgment of "one " coat of trucking cloth," to PafTaconaway the ( chief Sagamore or his fucceflbrs, and two c bufhels of Indian corn to Whelewright and chis heirs. The Indians referved to them- c felves free liberty of fifhing, fowling, hunt-
* intr and planting within thefe limits.' The ^ Cop>'
• • i r r r* r ln SuPer>
principal perions ot raicataqua and the prov- court file ince of Maine were witneffes to the fubfcrib- ing of this inflrument, and giving poflemon of the lands.
By this deed the Englifh inhabitants with- in thefe limits obtair^ed a right to the foil
* The NW line here described will end within the township of Amherst ; and the NE line from thence will cross the river Merrimack about Amxiskeag i'alls, and passing through Chester, Nottingham, Harrington and Rochestfr^ •will stn',.- NT .- vi'j'uvannock. river about tea mjles ab^ve the Sali^on falls,
C
18 HISTORY OF
1629. from the original proprietors, more valuable a moral view, than the grants of any Eu- ropean prince could convey. If we fmile at the arrogance of a Roman Pontiff in afTum- ing to divide the whole new world between the Spaniards and Portuguefe, with what confiileiicy can we admit the right of a king of England, to parcel out America to' his fubjects, when he had neither purchafed nor conquered it, nor could pretend any other title, than that fome of his fubje6ls were the firft Europeans who difcovered it, while it was in poifeilion of its native lords ? The only validity which fuch grants could have in the eye of reafon was, that the grantees had from their prince a permiffion to negotiate with the pofTeffors for the purchafe of the foil, and
NOV. 7. thereupon a power of jurifdiction fubordi- nate to his crown.
The fame year Captain Mafon procvired a new patent, under the common feal of the council of Plymouth, for the land " from the "middle of Pafcataqua river and up the fame " to the fartheft head thereof, and from thence " northweflward until iixty miles from the " mouth of the harbour were finifhed ; alfo " through Merrimack river, to the farthefl " head thereof, and fo forward up into the " land weftward, until fixty miles were finiih-
M^in^ies u ec[ . .an(i frorn thence to crofs over land to
court. " the end of the fixty miles accounted from " Pafcataqua river ; together with all iilaiids "within five leagues of the coaft." This tract of land was called NEW-HAMPSHIRE: It comprehended the whole of Whelewright's purchafe ; and unlefs Mafon's intention was to fruftrate his title, it is difficult to aflign a
NEW-HAMPSHIRE. 19
reafon for the procurement of this patent, as 1629. the fame land, with much more, had been granted to Gorges and Mafon jointly, feven years before. If there was an agreement be- tween them to divide the province of Laco- nia, and take out new patents from the coun- cil, in preference to the making a deed of par- tition ; it is not eafy to conceive why the weftern boundary ihould be contracted to Gor es» iixty miles from the fea, when the lakes and H^V of river of Canada were fuppofed to be but &. ninety or an hundred miles from Pafcataqua. If this grant was intended as an equivalent for the patent of Mariana, which the coun- cil had the preceding year included in their deed to the MaiTachufetts company ; it is im- poffible to account for the extenfion of New- Hampfhire to the river Merrimack,wli€n the grant of MafTachufetts reached to " three miles iQgQ " north of that river and of every partof it*." March 12,
The weft country adventurers were not lefs attentive to their intereft ; for in the fol- lowing fpring they obtained a patent from the council whereby " all that part of the " river Pafcataqua called or known by the " name of Hilton's Point, with the fouth fide
* Mr. Hnbbard in his MS history says " it hath been affirmed by Mr. Josselyn, who first came over into New-Kngland on Capt. Mason's account, that there was ay agreement made between Mr. Mathew Cradock (the first Governor oi'tl^ Massachusetts company) and Captain John Mason, that the bounds of th£ Massachusetts should reach to three 7n!!es northward of the Mer- rimacl:, and the remainder of the land bet'.vixt that line and Pascataqua river, should be left for Captain Mason's patent."
The comrmssi- ners sent by Charles If in 1664, report that " Mr. Mason had a patent for seme land abaut Cape Anne before the Massachusetts had their first patent ; whereupon Captain Mason and Mr. Cradock agreed that the Massachusetts should have that land, which was granted to Capt. Ma- son about Cape Anne, and Capt. Mason should have that land ivhich ti>as be- yond Mfrrhnack and granted to the Massachusetts. This agreement was sent to Mr. Henry Jocelyn to get recorded at Boston, but before he could have leisure to go there he heard that Capt. Mason was dead and therefore went not. Of this he made affidavit, before the commissioners.'* Hutch. CgSp lotion Papers, p. 423.
* HISTORY Of
1630. " of the faid river up to the falls of Squam- " fcot, and three miles into the main land " for breadth," was granted to Edward Hilton^ This patent, fealed with the common feal of the council, and fubfcribed by the Earl of Warwick, fets forth, that Hilton and his aiTo- ciates had at thtir own proper coft and charg- es transported fervants, built houfes and planted corn at Hilton's Point, now Dover,
MS Copy and intended the further increafe and ad-
S^ oSce". vancement of the plantation. William Black-
ftone, William Jefferies and Thomas Lewis
1631. or either of them, were impowered to give pofleffion of the premifes ; which was clone by Lewis and the livery and feizin eiidori- ed. Within thefe limits are contained the towns of Dover, Durham, and Stretham, with part of Newington and Greenland. It was commonly called Squamfcot patent, but fome- times Bloody-point patent, from a quarrel between the agents of the two companies about a point of land in the river which was convenient for both ; and there being no government then eftablifhed, the controver- .jy ^yo^d have ended in blood, if the con- tending parties had not been periiiaded to refer the decifion of it to their employers.
The London adventurers alfo thought it prudent to have feme fecurity for the inter- No^ 3. e^. w}1jc}1 they had advanced, and according- ly obtained a grant from the council, of Hutch, vol. " that part of the patent of Laconia, on which i.p.* • « tjie J^jilJingg ancl falt-works were erecled, " fituano on both fides the harbour and river " of Pafcataqua to the extent of five miles " vveilwarcl by the fea~coaft, then to crofs " over towards the other plantation in the
NEW-HAMPSHIRE. 21
*c hands of Edward Hilton." The grantees 1631- named in this patent* were, Sir Ferdinando Gorges, Captain John Mafon, John Cotton, Henry Gardner, George Griffith, Edwin Gay, Thomas Warnerton, Thomas Eyre and Elie- zer Eyre, who, it is faid, had already ex- pended three thoufand pounds in the under- taking. They were to pay forty-eight pounds per annum by way of acknowledgment to the prefident and council, if demanded. Cap- Hubbard^ tain Comocke, a relation of the Earl of War- MS. wick, with Henry Jocelyn, who were then intending a voyage here were appointed to put the ^;rar\toes in poifeffion. Within this patent are comprehended the towns of Portf- mouth, Newcaftle and Rye, with part of New- ington and Greenland.
The whole interefl being thus divided into two parts, Captain Thomas Wiggen was ap- pointed agent for the upper, and Captain Walter Neal for the lower plantation ; with MS him were affociated Ambrofe Gibbons, George Vaughan, Thomas Warnerton, Humphrey Chadbourne and one Godfrie as fuperinten- dants of the feveral bufinefles of trade, fifhe- ry, falt-making, building and hufbandry. Neal relided at Little-Harbour with Godtrie who had the care of the filhery. Chadbourne built a houfe at Strawberry-bank, which was called the great houfc, in which Warnerton re- (ided. Gibbons had the care of a faw-mill, and lived in a palifaded houfe at Newich- wannock, where he carried on trade with the
* Mr. Httbbard says, that this patent was in the bands of some gentlemen at Portsmouth \vhen he wrote. I have seen no copy of it but what is pre- served in hia MS history. There is among- the ancient files in the Recor- der'1 s office, an invoice of goods sent over in 1631, subscribed by all the above names, except the last, in whose stead is snbt'cribecl William Gyles.
22 HISTORY OP
1631. Indians. He afterward removed to Sander V point, where the adventurers gave him a fet* tlement for his faithful fervices. He was fucceeded at Newichwannockby Chadbourne, whofe poflerity are perfoiis of principle fig- ure and interefb there at this day. The pro- prietors were alfo careful to provide for the defence of their plantations, and fent over fev- eral cannon which they directed their agents to mount in the moft convenient place for a fort. They accordingly placed them on the northeafl point of the Great-Ifland at the mouth of the harbour, and laid out the
MS in the ground " about a bow-fhot from the water- Recorder's Srj 1-1 i • i • ftt* "iide to a high rock, on which it was m-
" tended in time to build the principal fort." A great part of Captain Neal's errand jvas
to penetrate the interior part of the province «orges' °^ Lac°nia, concerning which the adventur- History of ers had formed very fanguine expectations.
America, •»• J/^MI •" • T
l>, £7. It was deicribed as containing divers lakes, and extending back to a great lake and river in the country of the Iroquois. This river was faid to be fair and large, containing ma- ny fruitful iflands ; the air pure and falubri- ous ; the country pleafant, having fome high hills ; full of goodly forefts, fair vallies and fertile plains ; abounding in corn, vines, cheC- nuts, walnuts, and many other forts of fruit ; the rivers well ftored with filh, and enviroib- ed with goodly meadows full of timber-trees. In the great lake were faid to be four iflands, full of pleafant woods and meadows, having great ftore of ftags, fallow-deer, elks, roe- bucks, beavers and other game, and thefe iflands were fuppofed to be commodioufly lituated for habitation and traffic, in the
NEW-HAMPSHIRE. 2
midft of a fine lake, abounding with the moft 1631. delicate fiih. No one who is acquainted with the interior part of the country in its wilder- nefs (late, can forbear fmiling at this roman- tic defcriptioii, penned in the true ftyle of adventurers : yet fuch an impreilion had the charms of Laconia made on the minds of our firft fettlers, that Neal let out on foot, in company with Jocelyn and Darby Field, to difcover thefe beautiful lakes, and fettle a trade with the Indians by pinnaces, imagin- ing the diftance to be fhort of an hundred miles. In the courfe of their travels, they vifited the white mountains, which they de- fcribed in the fame romantic ftyle, to be a ridge, extending an hundred leagues, on which fnow lieth all the year, and inaccefli- ble but by the gullies which the diffolved fnow hath made : on one of thefe mountains they reported to have found a plain of a day's journey over, whereon nothing grows but mofs ; and at the further end of this plain, a rude heap of mafly ftones, piled vip on one ano- ther a mile high ; on which one might afcend from itoiie to ftone, like a pair of winding flairs, to the top3 where was another level of about an acre, with a pond of clear water. This fummit was faid to be far above the clouds, and from hence they beheld a va- por like a vaft pillar, drawn up by the fun- beams, out of a great lake into the air, where it was formed into a cloud. The country beyond thefe mountains northward, was faid to be " daunting terrible," full of rocky hills, as thick as mole-hills in a meadow, and clothed with infinite thick woods. They had great expectation of finding precious ftones
24 HISTORY OF
1832. oil thefe movintains ; and fomething refem- bling chryftal being picked up, was fufficient to give them the name of the CHRYSTAL- HILLS. From hence they continued their route in fearch of tiie lake ; till finding their provifion almoft fpent, and the forefts of La- conia yielding no fupply, they were obliged to return when they fuppoied themfelves fo far advanced, that " the difcovery wanted P. 48. "but one day's journey of being finifhed*." This expedition, being ended, was fucceed- ed by one of another kind. The coaft was alarmed by the report of a pirate, one Dixy November. Bull ; who with fifteen others, being employ- ed in the Indian trade at the eaftward, had taken feveral boats and rifled the fort at Pe- maquid. Neal, in conjunction with the oth- ers, equipped four pinnaces and fliallops, manned with forty men, being all the force that both plantations could fpare who, being joined by twenty more in a bark from Bof- ton, proceeded to Pemaquicl ; but contrary winds and bad weather obliged them to re- turn without meeting the pirates, who made their way farther to the eaftward, and at prince'. length got to England ; where Bull met with wi.2. *P. his deferts. The company on their return 73. as. hanged, at Richmond's ifland, an Indian who
had been concerned in the murder of an
r v/1
Jinglimman.
The next year Neal and Wiggen joined in furveying their refpeclive patents, and lay- ing out the towns of Portfmouth and North-
*Mr. Hubbard, and after him Governor Hutchinson, place tbis discovery of the White Hi]ls in 1642. But as Neal bad positive orders to discover the lakes, and tarried but three years in the country, employing great part of his time in searching the woods, it is probable that Mr. Hubfeatd mistook one figure in his date.
NEW-HAMPSHIRE. 25
am, and another which was called Hampton, 1633.
though no fettlement had been made there.
They alfo agreed with Whelewright that
the plantation which he had undertaken to
make at Squamfcot falls, Ihould be called
Exeter ; and determined the bounds between
his land and theirs. This furvey was made
by order of the company of Laconia, who
gave names to the four towns, and the tranf- MS inRi.
adtion was duly reported to them : foon af-
ter which Neal returned to England.
From a number of letters that pafTed be- tween the adventurers and Gibbons their fac- tor, and which are yet preferved, it appears that their views were chiefly turned toward the difcovery of the lakes and of mines ; the cultivation of grapes, and the advantages of trade and fifhery ; and that little regard was had to agriculture, the fureft foundation of all other improvements in fuch a country as this. They often complain of their expen- ces, as indeed they might with reafon ; for they had not only to pay wages to their col- onifts, but to fupply them with provifions, clothing, utenfils, medicines, articles of trade, implements for building, hufbandry and fifh- ing, and to flock their plantations with cat- tle, fwine, and goats. Bread was either brought from England in meal,or from Virgin- ia in grain, and then fent to the wind-mill at Boiton, there being none erected here. Ve- ry little improvement was made on the lands ; the lakes were not explored ; the vines were planted but came to nothing ; no mines were found but thofe of iron, and thefe were not wrought ; three or four houfes only were built within the firfl feven years ; the peltry
D
6 HISTORY OF
1633. trade with the Indians was of fome value, and the fifhery ferved for the fupport of the inhabitants ; but yielded no great profit to the adventurers, who received but inade- quate returns in lumber and furs. They faw their mtereft finking apace, and grew difpi- rited ; and the major part of them either re- linquiihed the clefign, or fold their fhares to Mafon and Gorges, who were more fanguine than the reft, and became (either by purchafe or tacit confent of the others) the principal, if not fole proprietors. rl hefe gentlemen re- newed their exertions with greater vigour, fent over a freih fupply of fervants, and ma- terials for carrying on the fettlement, and ap- poinced Francis Williams their governor. He
1634. was a gentleman of good fenfe and difcretion ; and fo very acceptable to the people, that when they combined in a body politic they continued him at their head.
Herd's The charter by which the council of Plym- MS Hist, oiith was eftabliihed, had been from the be-
1635. §ilininS difrelifhed by the Virginia compa- ny ; who fpared no pains to get it revoked. Their applications to the king proved fruit- lefs ; but when the parliament began to en- quire into the grievances of the nation, this patent was complained of as a monopoly. Sir Ferdinando Gorges, being fumrnoned, ap- peared before them, and both in perfon and
GOT es' ky his council defended it in a mafterly man- Narrative, ner, but in vain ; for when the national griev- P. 22 & 44. ances were prefented to the throne, the pa- tent of New-England was the fir ft. The council alfo had got into difrepute with the high-church party, for having encouraged the fettlement of the Plymouth and Mafla-
NEW-H AMPS HIRE, f7
chufetts colonifts, who fled from their perfe- 1635. cutioas. Thefe prejudices againft them, ope- rating as dilcouragements to their undertak- ing, induced the council torelign their char- ter to the king ; having previoufly taken care to fecure fome portion of the expiring inter- eft to fuch of themfelves as were difpofed to accept it. The fcheme they had in view was to divide their territory into twelve provinces, under as many proprietary governors, fub« jecT: to one general governor ; and they went fo far as to nominate Gorges, then threefcore years of age, for the perfon, and build a ihip of war, which was to bring him over and re- main in the fervice of the country. But the fhip fell and broke in the launching ; and their project not being fufficiently attended to by thole in power, they were obliged to be content with fuch grants as they could make of thofe diftricts, into which they had divided the country. That which was now made to Mafon comprehended both his for- mer patents, extending from Naumkeag to Pafcataqua, and fixty miles northwefhward within the land, together with the fouth half of the Ifles of Shoals, and ten thoufand acres at Sagaclahock ; faving to thofe already fet- tled within thefe limits, the property of their lawful grants ou paying "fome fmall ac- Files of the " knowledgment" to the proprietor. This SuP-Court- grant was dated the twenty-fecond of April*. Hoard's In June following, the council furrendered MS Hist> their charter to the king ; and in September
* Whether Captain Mason had his title confirmed by the king1 after the sxirrender of the charter is a point that his been questioned. 1 shall here col- lect what evidence I have met with on both sides.
In a pamphlet published in 1728, containing a detail of the grants and transactions of Captain Mason, it i<; said " Kin^ CharK* t. by charter dated
28 HISTORY O£
1635. Gorges fold to Mafon a tradl of land on the northeaft fide of the river Pafcataqua, extend- ing three miles in breadth, and following the courfe of the river from its mouth to its fartheflhead, including thefaw-mill which
atateof had been built at the falls of Newichwan-
AHen'sTi- UQck>
But death which puts an eud to the fair eft proipecls, cut off all the hopes which Mafon had entertained of aggrandizing his fortune, by the fettlement of New-Hampmire. By his laft will, which he figned a few days be- fore his death, he difpofed of his American eilate in the following manner, viz. c To ' the corporation of Lynn Regis in Norfolk,
* the place of his nativity, he gave two thou-
* fand acres of land in New-Hampihire, fub- cje<5l to the yearly rent of one penny per c acre to his heirs, and two fifths of all mines
" Aug. 19, 16S5, gives, grants and confirms unto Capt. John Mason, then '•' called treasurer and paymaster of his army, his heirs and assigns, all the "aforesaid tract of land, granted to him by the council of Plymouth, by the fi name of the province of New-Hampshire ;. 'with frrtvtr oj ' 'government \ and as '' ample-jurisdiction and prerogatives as used by the bishop of Durham ; cre- "atiiighimancl his aforesak'.s absolute lards and proprietors of the province ot' v' New-Hampshire, with power of conferring honours, £cc. On this authori- ty (I suppose) Douglass has asserted the same thing. On which Hutchin- J)au*. son remark? "This is not probable. His heirs were certainly unacquainted
Summary, "with it, or they would have made mention of it before the king in council I. 418. " in lf>91." The report of the Lords Chief Justices in 1677, wherein the
Hist. Mass, severa' grants are recited, makes no mention of this : But on the contrary it 1.317. is said, " As to Mr. Mason's right of government within the soil he claimed,
u their lordships, and indeed hip own council, agreed he had none / the great "council of Plymouth, under whom he claimed, having no power to transfer "government to any." The Lords of Trade in a report to the king in 1753, " say, " It is alledged that this last grant to Mason was ratified and confirmed " by the crown, by charter dated Aug. 19, 1635, with full power of civil ju- <; risdiDtion and government, but no such charier as this appears upon record"
None of ATason's heirs ever attempted to assume government by virtue of Fuch a ohsjiter, 3? the heirs of Gorges did in the province of Maine. Robert TVIaFon was appointed councellor by mandamus, and Samuel Allen, who pur- chased the title, was governor by ccrn:n;ssion from the crown.
Tii' TC is an original letter in the Recorders files, written by George Vaughan to Ambrose Gibbons, both factors for the company of Laconia, April 10, 1636, long before any controversy arose on this point, which may mcrr light fo it than any thing thai Iras vet been published, . t'.;N A: r-. n
NEW-HAMPSHIRE. 29
c royal ; on condition that five families fhould 1635*
4 within five years be fettled thereupon. To
4 his brother in law John Wallafton, three
4 thoufand acres, fubjecSl to the yearly rent of
4 one {hilling. To his grandchild Anne Tuf-
4 ton, ten thoufand acres at Sagadahock. To
4 Robert Tufton, his grandfon, he gave his
4 manor of Mafon-hall, on condition that he
4 fhould take the firname of Mafon, He alfo
4 gave to his brother Wallafton in truft, one
4 thoufand acres for the maintenance of " an
" honeft, godly and religious preacher of
44 God's word ;" and one thoufand more for
4 the fupport of a grammar-fchool ; each of
4 thefe eftates to be conveyed to feoffees in
4 truft, and their fucceffors, paying annually
* one penny per acre to his heirs. The refi-
* due of his eftate in New-Hampfhire he gave 4 to his grandfon John Tufton, he taking the 4 firname of Mafon, and to his lawful iffue ; 4 or in want thereof to Robert Tufton and his 4 lawful ifTue ; or in want thereof to Dodlor 4 Robert Mafon, chancellor of the diocefe of 4 Winchefter, and his lawful iffue ; or, in 4 want of fuch iffue, to his own other right heirs 4 forever ; provided that it fhould not go out 4 of the name of Mafon. The refiduary lega- 4 tee was required to pay five hundred pounds
4 out of this eftate to his fifter Mary and all • * the grandchildren were to relinquish their 4 right to one thoufand pounds due from this reflate to their father Jofeph Tufton.' The eftate in America was valued in the invento- ry at ten thoufand pounds fterling.
The Maffachufetts planters viewed Mafon MS in sup. as their enemy, becaufe he with Gorges had court files, privately encouraged fome perfons whom
HISTORY OF
1635.
Gorges* Na-u^.-ve.
they had cenfured and fen? home, to petition agaiiiil them as difaffecked to the government; and had endeavoured to get their charter fet aiide, to make way for the fcheme of a gene- ral governor*.
But though Mafonand Gorges had not the fame religious views with the Maifachufetts planters, yet their memory deferves refpedt. They were both heartily engaged in the fet- tlement of the country ; they funk their ef- tat.es in the undertaking, and reaped no profit to themfelves ; yet their enterprizing fpirit excited emulation in others, who had the ad- vantage of improving their plans and avoid- ing their miftakes. Gorges accounted for the ill fuccefs of his adventures in the following
mer. 1. He began when there was no hope of any thing for the prefent but lofs ; as he had firft to feek a place ; which, being found, was a wildernefs ; and fo gloomy was the profpecljthat he could fcarce procure any
o, much lefs to refide in it ; and thofe whom he at length fent, could not fubfi.fl but on the proviiions with which he fupplied them. C2. He fought not barely his own prof- it, but the thorough difcovery of the coun- try ; wherein he went fo far (with the help of his alfociates) as to open the way for others
* Mr. Hubbard relates the following anecdote, without mentioning the name of the person. " One of the gentlemen who was kuo.vn to be one o/f ; the greatest adversaries to the aiTairs of the Massachusetts, fell sick and 'died. In his sickness he sent for the minister, and bewailed his enmity 4 against them : and promised if lie recovered, he would be as goad a friend ' to New-England, as he had been an enemy ; but his fatal hour being come, ; his purposes of that nature were cut oft'. The passage aforegoing was cer- ' certified by letters from Lord Say and others to the governor of New- ' England about the year lf>35."
Governor Winthrop has the following remark in his Journal. "1636. : The last winter Captain Mason died. He- was the chief mover, in all at- ' tempts against us ; and was to have sent the general governor ; and for ' this end -.vas providing ships. But the Lord /;/ mercy taking^ him a • all the business fell on sleep."
NEW-HA'MPSHIRE. 31
to make their gain, 3. He never went in 1635. perfon to overfee the people whom he em- ployed. 4. There was no fettled government to punifh offenders, or mifpenders of their mafters' goods. Two other things contribut- ed to the difappointment in as great, if not a greater degree than what he has affigned. The one was that inflead of applying them- felves chiefly to hufbandry,the original fource of wealth and independence in fuch a coun- try as this ; he and his affociates, being mer- chants, were rather intent on trade and fim- ery as their primary objecfhs. Thefe cannot be profitable in a new country, until the foundation is laid in the cultivation of the lands. If the lumber trade and filhery can- not now be carried on to advantage, without the conftant aid of hufbandry in their neigh- bourhood, how could a colony of traders and fiftiermeii make profitable returns to their employers,, when the husbandry neceffary for their fupport was at the diftance of Vir- ginia or England ? The other miftake which thefe adventurers fell into was the idea of lordihip, and the granting of lands not as freeholds, but by leafes fubje6l to quit-rents. To fettle a colony of tenants in a climate fo far northward, where the charges of fubfift- ence and improvement were much greater than the value of the lands, after the improve- ments were made ; efpecially in the neigh- bourhood of fo refpecbable and growing a colony as that of Maifachufetts, was indeed a chimerical project ; and had not the wifer people among them fought an union with the Maifachufetts, in all probability the fettle- ments mud have been deferted.
HISTORY OF
CHAP. II.
.iblcs at .Dover. — Settlement.^ rf / Ruin c/ '. interest* — Story of Utidcrh:
tics.'; at PortMwuik and Dover. — L'.\ with A
"W ^TT"
V? HILE the lower plantation on the river Pafcataqua lay under difcouragemerit by the death of its principal patron, the up- per fettlement, though carried on with more fuccefs, had peculiar difficulties to ftruggle with. Two thirds of this patent belonged to fome merchants of Briftol, the other third to fome of Shrewsbury ; and there was an agreement that the divifion ihould be made by indifferent men. Captain Wiggen who was lent over to fuperintend their affairs, af- ter about one year's refidence in the country made a voyage to England, to procure more ample means for carrying on the plantation. In the mean time thofe of Briftol had fold their interell to the lords Say and Broke, George Willys and William Whiting, who continued Wiggen in the agency, and pro- cured a coniiderable number of families in the Weft of England, fome of whom were of good 1633 eftates) and " of fome account for religion," to come over and increafe the colony. It ap- - Pears from ancient records that Wiggen had a power of granting lands to the fettlers ; but, as trade was their principal object, they took up finall lots, intending to build a compact town on Dover Neck, which lies between two branches of the river, and is a fine, dry, and healthy fituation ; fo high as to command all the neighbouring ihores, and afford a very
KEW-HAMPSHIR£ 35
£xtemtve and delightful profpeft. On the moft inviting part of this eminence they built a meeting-houfe, which was afterward furrounded with an entrenchment and flank- arts, the remains of which are ftill vifible. Wiggen alfo brought over William Leverich, a worthy and able puritan minifler ; but his allowance from the adventurers proving too fmall for his fupport in a new country, where all the neceflfaries of life were fcarce and dear, he was obliged to remove to the fouth- ward ; and fettled at Sandwich in the colony of Plymouth. This proved an unhappy event to the people, who, being left deftitute of reg- ular inftrudlion, were expofed to the intru- fions of artful impoftors.
The firfl of th^fe was one Burdet. He had 1634r been a minifter at Yarmouth in England ; but either really or pretendedly taking of- fence at the extravagancies of the biihops and fpiritual courts, came over to New-Eng- land, and joined with the church in Salem, who employed him for a year or two as a preacher, being a good fcholar and plaufible in his behaviour. But, difgufted with the (Iridlnefs of their difcipline, he removed to Dover ; and continued for fometime in good ef- teem with the people as a preacher; until by 1636? artful infimiations he raifed fuch a jealoufy in their minds againft Wiggen their gover- nor, that they deprived him of his office, and ele&ed Burdet in his place.
During his relidence here, he carried on a correfpondence with Archbifhop Laud to the difadvantage of the Maflachufetts colony, reprefentmg them as hypocritical and difaf- 163Tf fefted, and that under pretence of greater E
34 HISTORY OF
168*7. rity and difcipline in matters of religion, they were aiming at independent fovereign- ty ; it being accounted perjury and treafon by their general court, to fpeak of appeals to the king. The prelate thanked him for his
iooo. zeaj jn t]le king's fervice, and affured him
that care fhould be taken to redrefs thofe dif- orders when leifure from their other concerns would permit. This letter of the archbiihop was intercepted, and fhewn to the governor of MafTachufetts. Burdet's villainy was con- fidered as the more atrocious, becaufe he had been admitted a freeman of their corpora- tion, and had taken the oath of fidelity. A copy of his own letter was afterward found in his clofet.
Abciut this time, the Antinomian contro- verfy at Bofton having occafioned the ban- ifhmeiit of the principal perfons of that fedl> feveral of them retired to this fettlement, be- ing without the jurifdiclion of Mafiachufetts. When this was known, Governor Winthrop wrote to Wiggen, Burdet and others of this plantation, ' that as there had hitherto been a 4 good corref pondence between them it would 4 be much refented if they fhould receive the c exiles ; and intimating the intention of the * general court to furvey the utmoft limits of 4 their patent, and make ufe of them.' To this Burdet returned a fcornful anfwer, re- fufing to give the governor his title. The governor thought of citing him to court to anfwer for his contempt ; but was dilTuaded from it by Dudley, the deputy-governor, who judged it imprudent to exafperate him, left he fhould avenge himfelf by farther accufing them to their enemies in England. The
NEW-HAMPSHIRE, §5
governor contented himfelf with fending to 1638. Hilton an account of Burdet's behaviour, in- clofing a copy of his letter, and cautioning the people not to put themfelves too far un- der his power. His true character did not long remain fecret ; for being detedled in. fome lewd actions he made a precipitate re- moval to Agamenticus [now York] in the province of Maine, where he alfo aflumed to rule, and continued a courfe of injuftice and adultery till the arrival of Thomas Gorges,, their governor, [in 1640] who laid a fine on him, and feized his cattle for the payment of it*. He appealed to the king, but his appeal not being admitted, he departed for England full of enmity againft thefe plantations. When he arrived, he found all in confufion ; and falling in with the royalifts was taken and imprifoned by the parliamentary par- ty, which is the laft account we have of Jiim,
One of the exiles on account of the And- nomian controverfy, was John Whelewright, brother to the famous Anne Hutchinfon. He had been a preacher at Braintree, which was then part of Bofton, and was a gentle- man of learning, piety and zeal. Having en- gaged to make a fettlement within ten years, on the lands he had purchafed of the Indians at quamfcot falls, he with a number of his adherents began a plantation there, which according to the agreement made with Ma- fon's agents they called Exeter. Having ob- tained a difmiffion from the church in
* The records of the court mention him as " a man of ill name and •"fame, infamous for incontinency," Lib. A. Sept, 8th, 1640,
36 HISTORY OF
1638. Bofton*, they formed themfelves into a church ; and judging themfelves without the jurifdidtion of Maffachufetts, they combin- ed into a feparate body politic, and chofe rul~ ers and afliftants, who were fworn to the due
Records, difcharge of their office, and the people were as folemnly fworn to obey them. Their rulers were Ifaac Grofie, Nicholas Needham, and Thomas Wilfon ; each of whom contin- ued in office the fpace of a year, having two affiftants. The laws were made in a popular afTembly and formally confented to by the rulers. Treafon, and rebellion againft the king, (who is ftyled " the Lord's anointed") or the country, were made capital crimes ; and fedition was punifhable by a fine of ten pounds, or otherwife, at the difcretion of the court. This combination fubfifted three, years.
About the fame time a plantation was formed at Winnicumet, which was called Hampton. The principal inducement to the makii^g this fettlement was the very exten- five falt-marih, which was extremely valua- ble, as the uplands w.ere not cultivated fo as to produce a fufficiency of hay for the fhp- port qf cattle. With a view to fecure thefe meadows, the general court of MafTachufetts had [in 1 636] empowered Mr. Dummer of Newbury, with John Spencer, to build an houfa there at tjie expersce Qf t}ie colony,
which was to be refunded by thofe who
* Ttie names of the:-: \vho \v«e thus dismissed were, John Whelewright, Cliristopher Marsha!!,
Richard Alcrrj-.e, George Baytes,
.Richard Buljjar, Thomas Wai-dell,
Philemon Purrso:, "William Wardell.
I?aac Grarse, / rjp.non Church Records.'
-H AMPS HIRE. 37
Ihould fettle there. Accordingly an houfe 1638i was built, and commonly called the Bound- houfe ; though it was intended as a mark of poiTeffion rather than of limits. The archi- ted: was Nicholas Eafton, who foon after re- moved to Rhode-Ifland, and built the firft Ser9mon> Englifti houfe in Newport.
This entrance being made, a petition was presented to the court by a number of per- MS of Mr fons, chiefly from Norfolk in England, pray- Gookm' ing for liberty to , fettle there, which was granted them. They began the fettlement by laying out a townfhip in one hundred and s, forty-feven fhares ; and having formed a church, chofe Stephen Batchelor for their minifter, with whom Timothy Dalton was foon after affociated. The number of the firft inhabitants was fifty-fix*.
The authority of Maffachufetts having ef- tabliihed this fettlement, they, from the be- ginning, confidered it as belonging to their colony. Though the agent of Mafon's eftate MS inade fome objection to their proceeding, yet 110 legal method being taken to controvert file?, this extenfion of their claim, the way was pre- pared for one ftill greater, which many cir- cumftances concurred to eftablim.
After the death of Captain Mafon, his wid- Anne Ma- ow'and executrix fent over Francis Norton «>n'sLe*- as her " general attorney ;" to whom me ' committed the whole management of the ef-
* Some of their names are mentioned in the Court Records, vis.
Stephen Batchelor, Thomas Moltan,
Christopher Hussey, William. Estow,
Mary Hussey, widow, William Palmer,
Thomas Cromwell, William Scrgeanf.,
Samuel Skullard, Richard Swayne,
John Osg-ood, William 6and-r:
Samuel Greenfield, Ilobert
?o!m Molt on, v /ahn
38 HISTORY OF
1638. tate. But the expence fo far exceeded the in- come, and the fervants grew fo impatient for their arrears, that fhe was obliged to relin- quifh the care of the plantation, and tell the fervants that they muft fhift for themfelves. Upon which they fhared the goods and cattle. Norton drove above an hundred oxen to BoG- ton, and there fold them for twenty-five pounds fterling per head, which it is faid was the current price of the beft cattle in New- England at that time. Thefe were of a large breed, imported from Denmark, from whence Mafon had alfo procured a number of men fkilled in fawing planks and making potafh- es. Having fhared the flock and other ma- terials, fome of the people quitted the plan- tation ; others of them tarried, keeping pof- feflion of the buildings and improvements, which they claimed as their own ; the houf- es at Newichwannock were burned ; and thus • Mafon's eftate was ruined. Thefe events hap- pened between 1638 and 1644,
Among the Antinomians who were banifh-
tohmi's ed from Bofton, and took refuge in thefe lst' plantations, was Captain John Underbill, in whofe ftory will appear fome very ftrong characterises of the fpirit of thefe times. He had been a foldier in the Netherlands, and was brought over to New-England by Governor Winthrop, to train the people in military difcipline. He ferved the country in the Pequod war, and was in fuch reputa-
AnnaTJ' t*011 in the town of Bofton, that they had
553 • chofen him one of their deputies. Deeply tin&ured with Antinomian principles, and pofTefTed of an high degree of enthufiafm, he made a capital figure in the controverfy ; be*
NEW-HAMPSHIRE. 38
ing one of the fubfcribers to a petition in which the court was cenfured, with an inde- cent feverity, for their proceedings againft Whelewright. For this offence he was dif- franchifed. He then made a voyage to Eng-
, . ' . 9 , f Nov. 15tfc>
land ; and upon his return petitioned the 1537, court for three hundred acres of land which had been promifed him for his former fer- vices,intending to remove after Whelewright. In his petition he acknowledged his offence in condemning the court, and declared " that " the Lord had brought him to a ienfe of " his fin in that refpecT:, fo that he had been " in great trouble on account thereof." On this occafion the court thought proper to quefbion him concerning an offenfive expref- fion, which he had uttered on board the fhip in which he came from England, " that the " government at Bofton were as zealous as " the fcribes and Pharifees, and as Paul before " his converfion." He denied the charge, and it was proved to his face by a woman who was paffenger with him, and whom he had en- deavoured to feduce to his opinions. He was alfo queftioned for what he had faid to her concerning the manner of x his receiving a£- furance, which was " that having long lain " under a fpirit of bondage, he could get no " affurance ; till at length as he was taking a *c pipe of tobacco, the fpirit fet home upon " him an abfolute promife of free grace, with " fuch affurance and joy that he had never "firice doubted of his good eftate, neither " fhould he, whatever fins he might fall in- " to." This he would neither own nor de- ny ; but objected to the fufficiency of a fin- gle teftimony. The court committed him
40. HISTORY Otf
1638, for abufing them with a pretended
and the next day patted the fentence of .ban- ifhmeiit upon him. Being allowed the liber- ty of attending public worihip, his enthufi- aftic zeal brake out in a fpeech in which he en- deavoured to prove " that as the Lord was " pleafed to convert Saul while he was per- " fecuting, fo he might manifeft himfelf to " him while making a moderate ufe of the " good creature tobacco ; profefiing withal " that he knew not wherein he had deferv- " ed the cenfure of the court." The elders reproved him for this inconfiderate fpeech ; and Mr. Cotton told him, " that though God " often laid a man under a fpirit of bondage u while walking in fin, as was the cafe with " Paul, yet he never fent a fpirit of comfort " but in an ordinance, as he did to Paul by " the miniftry of Ananias ; and therefore " exhorted him to examine carefully the rev- " elation and joy to which he pretended." The fame week he was privately dealt with, on fufpicion of adultery, which he difre- garded ; and therefore on the next fabbath was queftioned for it before the church ; but the evidence not being fufficient to convi£l him, the church could, only admonifh him, Thefe proceedings, civil and ecclefiaftical, being fmifhed, he removed out of their jurif- didlion ; and after a while came to Dover, where he procured the place of governor in the room of Burdet. Governor Winthrop hearing of this, wrote to Hilton and others of this plantation, informing them of his character. Underhill intercepted the letter, and returned a bitter anfwer to Mr. Cotton ; and wrote another letter full of reproaches
•NKW-Il AMPS HIRE. il
againft the governor to a gentleman of his 1639 faaiily, while he addrefled the governor him- ielf in a fawning, obfequious ilrain, begging an obliteration of former mifcarriages, and a bearing with human infirmities. Thefe letters were all fent back to Hilton ; but too late to prevent his advancement.
Being fettled in his government, he pro- cured a church to be gathered at Dover who choie Hanierd Knollys for their minifter. He had come over from England the year before ; but being an Auabaptift of the An- tinomian caft, was not well received in Maf- fachufetts, and came here while Burdet was in office, who forbad his preaching ; but Un- derhill, agreeing better with him, prevailed to have him chofen their minifter. To in- gratiate himfelf with his new patron, Knollys wrote in his favour to the church in Bofton ; ftyling him " The right worlhipful their honoured governor." Notwithftanding which they cited him again to appear before them ; the court granting him fafe condudl. At the fame time complaint was made to the chief inhabitants on the river, of the breach of friendfhip in advancing Underhill after his rejection ; and a copy of Knollys's letter was returned, wherein he had written that " Un- '" derhill was an instrument of God for their " ruin," and it was enquired whether that letter was written by the defire or confent of the people. The principal perfons of Portf- mouth and Dover difclaimed his mifcarriag- es, and exprefled their readinefs to call him to account when a proper information mould be prelented ; but begged that no force might be fent againft him. By his inftiga- V
4 HISTORY OF
1639. tion Knollys had alfo written to his friends in England, a calumnious letter againft the MafTachufetts planters, reprefenting them as more arbitrary than the high-commiffion court, and that there was no real religion in the country. A copy of this letter being fent from England to Governor Winthrop, Knollys was fo afhamed at the difcovery, that obtaining a licence, he went to Bofton ; and at the public ledhire before the gover- nor, magiflrates, minifters and the congrega- tion, made confeffion of his fault, and wrote a retraction to his friends in England, which he left with the governor to be fent to them,
Underbill was fo affedled with his friend's humiliation, and the difaffection of the peo- ple of Pafcataqua to him, that he refolved to retrieve his character in the fame way. Having obtained fafe conduct, he went to Bofton, and in the fame public manner ac- knowledged his adultery, his difrefpect to the government and the juftice of their pro- ceedings againft him : But his confeffion was mixed with fo many excufes and exten- uations that it gave no fatisfaction ; and the evidence of his fcandalous deportment being now undeniable, the church pafled the fen- tence of excommunication, to which he feem- ed to fubmit, and appeared much dejected while he remained there.
Upon his return, to pleafe fome difaffect- ed perfons at the mouth of the river, he fent thirteen armed men to Exeter to refcue out of the officer's hand one Fifh, who had . been taken into cuftody for fpeaking againft the king. The people of Dover forbad his coming into their court till they had confid-
NEW-HAMPSHIRE. 43
ered his crimes and he promifed to refign 1639. his place if they fhould difapprove of his conduct ; but hearing that they were deter- mined to remove him, he niftied into court in a paffion, took his feat, ordered one of the magiftrates to prifon, for faying that he would not fit with an adulterer, and refufed to receive his difmiffion, when they voted it. But they proceeded to chufe another gover- nor, Roberts, and fent back the prifoner to Exeter.
A new fcene of difficulty now arofe. 1640. Thomas Larkham, a native of Lyme in Dor- fetfhire and formerly a miniftcr at Northam near Barnftable, who had come over to New- England, and not favouring the do6lrine, nor willing to fubmit to the difcipline of the churches in Maflachufetts, came to Dover ; and being a preacher of good talents, eclip- fed Knollys, and raifed a party who deter- mined to remove him. He therefore gave way to popular prejudice, and fuffered Lark- ham to take his place ; who foon difcovered his licentious principles by receiving into the church perfons of immoral characters, and affuming, like Burdet, the civil as well as eccleiiaftical authority. The better fort of the people were tlifpleafed and reftored Knollys to his office who excommunicated Larkham. This bred a riot in which Lark- ham laid hands on Knollys, taking away his hat on pretence that he had not paid for it ; • but he was civil enough afterward to return it. Some of the magiftrates joined with Larkham, and forming a court, fummoned Underhill, who was of Knollys's party to appear Before them, and aniwer to a new
44 HISTORY OF
1640. crime which they had to alledge againft him. Underbill collected his adherents ; Knollys was armed with a piftol, and another had a bible mounted on an halbert for an enfign. In this ridiculous parade they marched a- gainft Larkham and his party, who prudent- ly declined a combat, and fent down the riv- er to Williams the governor, at Portfmouth, for affiftance. He came up in a boat with an armed party, befet Knollys's houfe where Underhill was, guarded it night and day till a court was fummoned, and then, Williams fitting as judge, Underbill and his company were found guilty of a riot, and after being fined, were baniflied the plantation, The new crime which Larkham's party alledged againft Underhill was that he had been fe- cretly endeavouring to perfuade the inhabi- tants to offer themfelves to the government of MafTachufetts, whole favor he was defi- rous to pur^hafe, by thefe means, as he knew that their view was to extend their jurifdio tioii as far as they imagined their limits reached, whenever they ihould find a favour-* able opportunity. The fame policy led him with his party to fend a petition to Bofton, praying for the iiiterpofition of the govern- ment in their cafe : In confequence of which the governor and afliftants commiffioned Simon Bradftreet, Esq. with the famous Hugh Peters, then minifter of Salem, and Timothy Dalton of Hampton, to enquire into the mat- ter, and effecfi a reconciliation, or certify the flate of things to them. Thefe gentlemen travelled on foot to Dover, and finding both tides in fault, brought the matter to this iffue, hat the one party revoked the excommuni-
NEW-HAMPSHIRE.
cation, and the other the fines and banifti- 164(X ment. ^
In the heat of thefe difputes, a difcovery was made of Knollys's failure in point of chaftity. He acknowledged his crime be- fore the church ; but they difmiffed him and he returned to England, where he fuffered by the fe verity of the long parliament in 1644 ; and being forbidden to preach in the church- «*> vol. n. es, opened a feparate meeting in Great St. F Helen's, from which he was fbon diflodged, and his followers difperfed. He alfo fuffer- ^ spt
-*• . . _ JN.iinglana.
ed in the caufe of non-conformity in the voi, i. page reign of King Charles the fecond, and at 210' length (as it is faid) died " a good man in a good old " age." (September 19, 1691, £t. ninety-three. )
Underbill having fmifhed his career in thefe parts obtained leave to return to Bof- ton, and finding honefly to be the beft poli- cy, did in a large afTembly, at the public lec- ture, and during the fitting of the court, make a full confeffion of his adultery and hy- pocrify, his pride and contempt of authority, juftifymg the church and court in all that they had done againfh him, declaring that his pretended aflurance had failed him, and that the terror of his mind had at fome times been fo great, that he had drawn his fword to put an end to his life. The church being now fatisfied, reftored him to their commu- Prince> nion. The court, after waiting fix months Annals* for evidence of his good behaviour, took off his fentence of banifhmeiit, and releafed him from the punifliment of his adultery : The law which made it capital having been enact- ed after the crime was committed, could not
46 HISTORY OF
1640. touch his life. Some offers being made him ty ^ £*atck at Hudfon's river, whofe lan- guage was familiar to him, the church of Bofton hired a vefTel to tranfport him and his family thither, furnifhing them with all neceffaries for the voyage. The Dutch gover- norgave him the command of a company of an hundred and twenty men, and he- was very fer- viceable in the wars which that colony had with the Indians, having, it is faid, killed one hundred and fifty on Long-Iflaiid, and three hundred on the Main. He continued in their fervice till his death.
We find in this relation a ftriking inftance of that fpecies ' of falfe religion, which, hav-? ing its feat in the imagination, inflead of making the heart better and reforming the life, inflames the paffions, ftupifies reafon, and produces the wildeft effecfls in the behavT iour. The exceffes of enthufiafm have often been obferved to lead to fenfual gratifica- tions ; the fame natural fervour being fuffi- cient to produce both. It cannot be ftrange that they who decry morality, fhould indulge fuch grofs and fcandalous enormities as are fufficient to invalidate all thofe evidences of their religious character on which they lay fo much ilrefs. But it is not fo furprizing that men mould be thus mifled, as that fuch frantic zealots ihould ever be reduced to an acknowledgment of their offences ; which in this inftance may be afcribed to the ftrict difcipline then praftifed in the churches of New-England.
The people of Dover and Portfmouth dur- ing all this time had no power of govern^ ment delegated from the crown : but find-
NEW-HAMPSHIRE. 47
ing the neceflity of fome more determinate 1640. form than they had yet enjoyed, combined themfelves each into a body politic after the example of their neighbours at Exeter. The in- habitants of Dover, by a written inftrument.
Ooto £l*
ligned by 41 perfons agreed to fubmit to the laws of England, and fuch others as should be ena6ledby amajority of their number, until the Hubbard*€ royal pleafure fhould be known. The date of MS Hist: the combination at Portfmouth is uncertain, their firfl book of records having been de- flroyed [in 1652,] after copying out what P they then thought proper to preferve. Wil- liams, who had been fent over by the ad- venturers, was by annual fuffrage continued governor of the place, and with him were a£- fociated Ambrofe Gibbons and Thomas War- nerton* in quality of afliftants. During this combination, a grant of fifty acres of land for a glebe was made by the governor and M*y 25^ inhabitants f to Thomas Walford and Henry Sherburne, church- war dens, and their fuc- ceilbrs forever, as feoffees in truft ; by vir- Ports. tue of which grant the fame land is ftill held, and being let on long leafes, a confider- able part of the town of Portfmouth is built
* Warner ton had been a soldier. Upon the division of Mason's stock and gioods he carried his share to Penobscot, or some part of Nova-Scotia, where lie was killed in a fray with the French inhabitants. 1644. (Hubbard)
t This grant is subscribed by
Francis Williams, Governor, Henry Taler.
Ambrose Gibbons, Assistant, John Jones,
William Jones, William Berry,
Renakl Fernald, John Pickeiin,
7ohn Crowthcr, John Billing1,
Anthony Bracket, John Wot ten,
Michael Chatterton, Nicholas Row,
John Wall, Matthew Coe,
Robert Pudingtorij vVi!liam Palmer. Henry Sl^rbur (Ports™. RPC.>
Joha Lands-';,
48 HISTORY Of
1640. upon it. At this time they had a parfbiiage houfe and chapel, and had chofen Richard Gibfon for their parfon, the patronage being veiled in the pariihoners. Gibfon was fent from England as minifter to a fifhing plan- tation belonging to one Trelawney. He was " wholly addicted to the hierarchy and dif-
journal, u cip}me of England, and exercifed his min- " ifterial function" according to the ritual. He was fummoned before the court at Bof- ton for " fcandalizing the government there, " and denying their title ;" but upon his fub- miffion, they difcharged him without fine or puniihment, being a ftranger and about to depart the country. After his departure the
Twts.Rec. people of Portfmouth had James Parker* for their minifter, who was a fcholar and had been a deputy in the Maflachufetts court. After him they had one Browne ; and f Samuel Dudley a fon of DeputyGovernor Dudley ; but thefe were only temporary preachers, and they did not obtain the regu- lar fettlement of a minifter for many years.
Four diftin<5l governments (including one at Kittery on the north fide of the river) were now formed on the feveral branches of
MS Jouru * Governor Winthrop gives th's account of him and his ministry. (1642. ' 10 mo :) " Those of the lower part of Pascataqua invited Mr. James Par- ' ker of Weymouth, a godly man, to be their mirister He by advising with c divers of the magistrates and elders accepted the call and went and taught ; among them, this \vinter, and it pleased Go 1 to give great success to his : labours so as above forty of them, whereof the most had been very pro- : fane and some of the m professed enemies to the way of our churches, ; wrote to the magistrates and elders, acknowledging the sinful course they ;had lived in. and bewailing the same, and blessing God for calling them out • of it and earnestly desiring that Mr. Parker might be settled amongst ; them. Most of them fell back again in time, embracing this present : world." He afterward removed to Barbadoes and there settled, (via Hutchinson's collection of papers, p. 155 & 222.) Hutchinson supposes him to have been minister of Newbury, mistaking him for Thomas Parker.
t Dudley settled at Exeter in 1650, and died there in 1683, aged 7? " He was a person of good capacity and learning." (Fitch's MS.)
-H AMPS HIRE. 49
Palcataqua. Thefe combinations being only 16400 voluntary agreements, liable to be broken or fubdivided on the firft popular difcontent, there could be no fafety in the continuance of them. The diftra<5lions in England at this time had cut off all hope of the royal attention, and the people of the feveral fet- tlements were too much divided in their opinions to form any general plan of govern- ment which could afford a profpecl of per- manent utility. The more confiderate per- fons among them, therefore thought it belt to treat with Mafiachufetts about taking them under their protection. That govern- ment was glad of an opportunity to realize the coaftrudlion which they had put upon the claiife of their charter wherein their nor- thern limits are defined. For a line drawn from eaft to weft at the diftance of " three " miles to the northward of Merriniack riv- " er and of any and every part thereof," will take in the whole province of New-Hamp- fliire, and the greater part of the province of Maine, fo that both Mafon's and Gorges's patents muft have been vacated. They had already intimated their intention to run this eaft and weft line, and prefuming on the juf- tice of their claim, they readily entered into a negociation with the principal fettlers of Pafcataqua refpedling their incorporation with them. The affair was more than a year in agitation, and was at length concluded by pr an inftrument fubfcribed in the prefence of the general court by George Willys, Robert Saltonftall, William Whiting, Edward Holi- ock, and Thomas Makepeace, in behalf of themfelves and the other partners of the two
so
HISTORY OF
1641. patents ; by which inflrument they refigned the jurifdi&ion of the whole to Maffachu- fetts, on condition that the inhabitants fhould enjoy the fame liberties with their own peo- ple, and have a court of juftice ere&ed a- mong them. The property of the whole patent of Portfmouth, and of one third part of that of Dover, and of all the improved lands therein, was referved to the lords and gen- tlemen proprietors, and their heirs forever.
The court on their part confented that the inhabitants of thefe towns fhould enjoy the fame privileges with the reft of the colony, and have the fame adminiftration of juftice as in the courts of Salem and Ipfwich ; that they mould be exempted from all public charges, except what fhould arife among themfelves, or for their own peculiar bene- fit ; that they iliould enjoy their former liber- ties of fifhing, planting and felling timber ; that they fhould fend two deputies to the general court ; and that the fame perfons who were authorifed by their combinations to govern them, fhould continue in office till the commiflioners named in this order mould arrive at Pafcataqua. Thefe commiflioners were invefted with the power of the quarter courts of Salem and Ipfwich, and at their ar- rival they conftituted Francis Williams, Tho- mas Warnerton & Ambrofe Gibbons of Portf- mouth, Edward Hilton, Thomas Wiggen and William Waldron of Dover, riiagiftrates, who were confirmed by the general court. 1642. By a fubfequent order a very extraordina- sept. s. ry concellion was made to thefe towns, which fhews the fondnefs that government had of
NEW-HAMPSHIRE. 51
retaining them under their jurifdi&ion. A 1642. teft had been eftabliilied by law, but it was difpenfed with in their favor ; their freemen were allowed to vote in town affairs, and their deputies to fit in the general court though they were not church-members.
The people of Dover being left deftitute of a minitter by the Hidden departure of Larkham, who took this method to avoid the ihame which would have attended the dif- MS- covery of a crime fimilar to that for which Knollys had been difmiffed, wrote to the Maffachuftts for help. The court took care to lend them Daniel Maud who had been a minifter in England. He was an honeft man, and of a quiet and peaceable difpofition, qualities much wanting in all his predece£- fors. Larkham returned to England, where he continued to exercife his miniftry till e- je6led by the a£t of uniformity in 1662, from Taviftock in Devon. He is faid to have been " well known there for a man " of great piety and fincerity," and died in 1689, M. 68.
The inhabitants of Exeter had hitherto continued their combination ; but finding themfelves comprehended within the claim of Maflachufetts, and being weary of their inefficacious mode of government they peti- tioned the court, and were readily admitted ^ 8- under their jurifdiction. William Wenborne, Robert Smith, and Thomas Wardhall were Massa.Rec; appointed their magiftrates ; and they were annexed to the county of EfTex. Upon this, Whelewright who was flill under fentence of banifhment, with thofe of his church who were refolved to adhere to him, removed in*
52 HISTORY OF
1642. to the province of Maine, and fettled at Wells, where his pofterity yet remain. He
Hubbard's was foon after reftored, upon a flight acknow- ledgment, to the freedom of the colony, and removed to Hampton ; of which church he was minifter for many years ; until he went to England where he was in favor with Cromwell : But, after the reftoration, he re- turned and fettled at Salifbury, where he di- ed in 1680.
After his departure from Exeter, an at-
io4:4. tempt was made by the remaining inhabi- tants to form themfelves into a church, and call the aged. Stephen Batchelor to the min- iftry, who had been difmiffed from Hamp- ton for his irregular condudl. But the gen-* . eraj court jiere interpofed and fent them a folemn prohibition, importing " that their " divifions were fuch that they could not ** comfortably, and with approbation, pro- * ceed in fo weighty and facred affairs," and therefore directing them " to defer gather* " ing a church, or any other fuch proceed-* a ing, till they or the court at Ipfwich, upon? " farther fatisfa6lion of tneir reconcilk 44 and fitnefs, fliould give allowance the e-- « for."
Such a ftretch of power, which would now be looked upon as an infringement of ch tian liberty, was agreeable to the principles of the firft fathers of New-England, wh--> thought that civil government was eftablilh- ed for the defence and fecurity of the churca againft error both dodlrinal and moral. In this fentiment they were not jGngular, it be- ing univerfally adopted by the reformers, in that and the preceding age, as one of the
NEW-HAMPSHIRE. 53
fundamental principles of their feparation 1644. from the Romifli church, and neceflary to curtail the claims of her Pontiff, who aflum- ed a fupremacy over " the kings of the « earth.'5
NEW-HAMPSHIR^.
CHAP. III.
on, the principles and conduct of the first fifanten of ' Nctv-En 'gland. — Causes of their removal.— Their forti- tude,— Religious sentiments, — Care of their fi osterity. —-Jus- tice.—Laws.— - Theocratic prejudices , — -Intalera nee and per" secutions*
A.N union having been formed between the fettlements on Pafcataqua and the colo- ny of Mailachufetts, their hiftory for the fuc- ceeding forty years is in a great meafiire the fame* It is not my intention to write the tranfa&ions of the whole colony during that period ; but, as many of the people in New- Hampfhirehad the fame principles, views and interefts with the other people of New-Eng- land, I fliall make fome obfervations thereon, and interfperfe fuch hiftorical fa£ls as may illuftrate the fubjedL
In the preceding centtiry the holy fcrip- tures, which had long lain hid in the rubbifh of monaftic libraries, were brought to public view by the happy invention of printing ; and as darknefs vaniflies before the riling fun, Ib die light of divine truth began to di£- fipate thofe errors and fuperftitioiis in which Europe had long been involved. At the fame time a remarkable concurrence of circum- fiances gave peculiar advantage to the bold, attempt of Luther, to roufe Germany from her inglorious fubje&ion to the Roman Pon- tiff, and effedluate a reformation, which foon fpread into the neighbouring countries. But fo intimately were the political interefts of kingdoms and flatus blended with religious
HISTORY OF
prejudices, that the work, though happily begun, was greatly blemifhed and impeded.
Henry the Vlllth of England took advan- tage of this amazing revolution in the minds of men, to throw off the papal yoke, and af- iert his native claim to independence. But fo dazzling was the idea of power, and the example of the firft chriftian princes, who had exercifed a fupermtendency in fpirituals, as well as temporals, that he transferred to jiiinfelf that fpiritual power which had been ufurped and exercifed by the bifliops of Rome, and fat up himfelf as fuprenie head on earth of the church of England ; com- manding both clergy and laity in his do- minions to fwear allegiance to him in this newly affiimed chara<6ter.
This claim was kept up by his Ion and fuccefFor Edward the Sixth, in whofe reign the reformation gained much ground ; and a fervice-book was published by royal au- thority as the ftandard of worfliip and dilci- pline for his fubjects. This excellent prince was taken out of the world in his youth ; and his fifter Mary, who then came to the throne, reftored the fupremacy to the pope, and railed fuch fiery perlecurion againft the reformers, that many of them fled into Ger- many and the Netherlands ; where they de- parted from that uniformity which had been eftabliftied in England, and became divided in their fentiments and practice refpe&ing ecclefiaftical affairs : the native effedl of that juft liberty of conscience which they enjoy- ed abroad, purfuing their own enquiries ac- cording to their refpedive meafures of light ; uninfluenced by secular power, or the hope
56 HISTORY OF
of acquiring dignities in a national eftablifh- ment.
The acceflion of Elizabeth infpired them with new hopes ; and they returned home, refolving to attempt the reformation of the church of England, agreeably to the refpec- tive opinions which they had embraced in their exile. But they foon found that the queen, who had been educated in the fame manner with her brother Edward, was fond of the eftablifhment made in his reign, and was ftrongly prejudiced in favor of pomp and ceremony in religious worfhip. She afTerted her fupremacy in the moft abfolute terms, and eredled an high-commiffion court with jurifdicftion in ecclefiaftical aifairs. Unifor- mity being rigoroufly enjoined and no abate- ment or allowance made for tender confci- ences (though it was conceded that the cere- monies were indifferent) a feparation from the eftablifhment took place. Thofe who were defirous of a farther reformation from the Romifh fuperftitions, and of a more pure and perfect form of religion were denominated Puritans ; whofe principles, as diftinguifhed from thofe of the other reformers who were in favor with the queen, are thus repre- fented.
" The queen and court-reformers held, 1 . That every prince had the fole authority to
Neal'sHist. **"»«* > /-in- i n •
Puritans, correct all abufes of doctrine and worlhip 95, '98,Pito. within his own territories. 2. That the church of Rome was a true church though corrupt in fome points of dodlrine and gov- ernment ; that all her miniflrations were valid, and that the pope was a true Biihop of Rome though not of the univerfal church.
NEW-HAMPSHIRE. 57
8. That the fcriptures were a perfedl rule of faith, but not a ftandard of difcipline ; and that it was left to the difcretion of the chrif- tian magiftrate, to accommodate the govern- ment of the church to the policy of the ftate. 4. That the practice of the primitive church for the firft four or five centuries was a pro- per ftandard of church government and di£- cipline ; and in fome refpedls better than that of the Apoftles, which was only accommo- dated to the infant ftate of the church, while it was under perfecution ; whereas the oth- er was fuited to the grandeur of a national eftablifliment. 5. That things indifferent in their own nature as rites, ceremonies, and habits, might be fettled, determined and made neceflary by the command of the civil magi- ftrate, and that in fuch cafes it was the duty of the fubjedl to obferve them."
" On the other hand, the Puritans, 1. Di£* owned all foreign jurifHidlion over the church, but could not admit of that exten- five power which the crown claimed by the fupremacy. However, they took the oath, with the queen's explication, as only reftor- ing her majefty to the ancient and natural rights of Sovereign princes over their fub- je6ts. 2. They held the pope to be ami- chrift, the clmrch of Rome a falfe church, and all her miniftrations fuperftitious and idolatrous. 3. That the fcriptures were a ftandard of difcipline as well as do<5trine^ and if there was need of a difcretionary power, it was vefted not in the magiftrate but in the officers of the church. 4. That the form of government ordained by the Apof- tles was ariftocratical, and designed as a pat* H
58 HISTORY OF
tern to the church in after ages, not to be departed from in its main principles. 5. That thofe things which Chrift hath left indiffer- ent ought not to be made neceflary ; and that fuch rites and ceremonies as had been abufed to idolatry and fuperftition, and had a manifeft tendency to lead men back there- to, were no longer indifferent but unlawful."
" Both parties agreed too well in afTerting the neceflity of uniformity in public wor- ftiip, and of ufing the fword of the magif- trate for the fupport and defence of their ref- peclive principles ; which they made an ill ufe of in their turns, whenever they could grafp it in their hands. The flandard of u- niformity according to the bifhops, was the queen's fupremacy and the laws of the land ; according to the Puritans, the decrees of na- tional and provincial fynods, allowed and en- forced by the civil magiftrate. Neither par- ty were for admitting that liberty of con- fcience and freedom of profeflion which is every man's right, fo far as is confiftent with the peace of civil government. Upon this fatal rock of uniformity, was the peace of the church of England fplit."
It is melancholy to obferve what mif chiefs were caufsd by the want of a juft diftinc- tion between civil and ecclefiaftical power, and by that abfurd zeal for uniformity, which kept the nation in a long ferment, and at length burft out into a blaze, the fury of which was never thoroughly quelled till the happy genius of the revolution gave birth to a free and equitable toleratio?iy whereby every man was reftored to the natural right of judging and adling for himfelf in matters of religion.
NEW-HAMPSHIRE. 59
All the celebrated wifdom of Elizabeth's gov- ernment could not devife an expedient fo fuccef sful. Though her reign was long and prof per ous, yet it was much flamed with op- preflion and cruelty toward many of her beft fubjects ; who, wearied with ineffectual ap- plications, waited the acceflion of James, from whom they expelled more favour, be- caufe he had been educated in the prefbyte- rian church of Scotland, and profefled an high veneration for that eftablifhment. But they foon found that he had changed his re- ligious principles with his climate, and that nothing was to be expected from a prince of fo bafe a character, but infult and contempt.
In the beginning of his reign a great num- ber of the Puritants removed into Holland, where they formed churches upon their own principles. But not relilhiiig the manners of the Dutch, after twelve years they pro- jected a removal to America, and laid the foundation of die colony of Plymouth. The f pirit of uniformity flill prevailing in Eng- land, and being carried to thegreatefl extent in the reign of Charles the Firft by that fu- rious bigot Archbifhop Laud ; many of the lefs fcrupulous, but confcientious members of the church of England, who had hitherto re- mained in her communion, feeing no proipecT: of reft or liberty in their native country, fol- lowed their brethren to America, and eftab- lifhed the colony of Maffachufetts, from which proceeded that of Connecticut,
By fuch men, influenced by fuch motives, were the principal fettlements in New-Eng- land effected. The fortitude and perfever- ance which they exhibited therein will ai-
60 'HISTORY Of
•ways render their memory dear to their po£- terity. To prepare for their enterprize, they had to fell their eftates, fome of which were large and valuable, and turn them into ma- terials for a ilew plantation, with the nature of which they had no acquaintance, and of which they could derive no knowledge from the experience of others. After trav- ferfing a wide ocean they found themfelves in a country full of woods, to fubdue which required immenfe labour and patience ; at a vaft diflance from any civilized people ; in the neighbourhood of none but ignorant and barbarous favages ; and in a climate, where a winter much more fevere than they had been accuftomed to, reigns for a third part of the year. Their flock of provifions fal- ling fliort, they had the dreadful apprehen- fion of perifhing by famine, one half of their number dying before the firft year was com- pleted ; the ocean on one fide feparated them from their friends, and the wildernefs on the other, prefented nothing but fcenes of horror, which it was impoffible for them to conceive of before they endured them.
But under all thefe difficulties, they main- tained a fleady and pious refolution ; depend- ing on the providence of the fupreme ruler, and never repenting the bufinefs on which which they had come into this wildernefs. As purity in divine adminiftrations was the profefled object of their undertaking, fo they immediately fet themfelves to form church- es, on what they judged the gofpel plan. To be out of the reach of prelatic tyranny, and at full liberty to purfue their own^ en- quiries, and worfhip God according to their
NEW^HAMPSHIRf, 61
confciences, (which had been denied them in their own country) was efteemed the great- eft of bleffings, and fweetened every bitter cup which they were obliged to drink. They always profefled that their principal defign was to erect churches on the primitive mod- el, and that the confideration of temporal in- tereft and conveniency had but the fecond place in their views.*
In the doclrinal points of religion they were of the fametnind with their brethren V)f the church of England, as exprefled in HutcHn. their articles. The Maflachufetts planters |,P.«7, left behind them, when they failed, a reC-. pedtful declaration importing that they did not confider the church of England as anti- chriftian, but only withdrew from the impo- lition of unfcriptural terms of communion* Some of the Plymouth planters had embrac- ed the narrow principles of the Brownifts, the firft who feparated from the church of England ; but by the improvements which they made in religious knowledge under the inftruction of the renowned John Robinfon, their paftor in Holland, they were in a great meafure cured of that four leaven. The congregational fyftem of church government was the refult of the ftudies of that truly pi- ous, learned, humble and benevolent divine, who feems to have had more of the genuine fpirit of the reformation, and of freedom
* " It concerned! New-England always to remember, that they are orlg- " inallya plantation religious, not a plantation of trade. The profession of " the purity of doctrine, worship and discipline is written upon her forehead. u Let merchants, and such as are increasing cent per cent remember this, '; that worldly gain was not the end and design of the people of New-Eng- " land but religion. And ii ary man among us makereligion as twelve,anc! *' the world as thiri:ri:. Bflch r.n om hath not the spirit of a true New*- ;' England man." Higg-inson's Election Senr.on,
62 HISTORY OF
from bigotry, than any others in his day. His farewell charge to thofe of his flock who were embarking in Holland for America de-
Neai'sHist. ferves to be had in perpetual remembrance.
voi. inp'.84. " Brethren (faid he) we are now quickly to " part from one another, and whether I may " ever live to fee your face on earth any " more, the God of heaven only knows ; but " whether the Lord hath appointed that or " no, I charge you before God and his blet- " fed angels that you follow me no further <c than you have feen me follow the Lord Je-r ic fus Chrift. If God reveal any thing to you o c'u by any other inftrument of his, be as ready <c to receive it, as ever you were to receive " any truth by my ininiilry ; for I am veri- " ly perfuaded, I am very confident, the Lord " has more truth . yet to break forth out of " his holy word. For my part, I cannot fuf- a ficiently bewail the condition of the re- " formed churches, who are come to a peri- " od in religion, and will go at prefent no " farther than the inflrumeiits of their refor- " mation. The Lutherans cannot be drawn " to go beyond what Luther law ; whatever " part of his will our Good God has reveal- " ed to Calvin, they will rather die than em- " brace it. And the Calvinifts you fee flick " fail where they were left by that great " man of God, who yet faw not all things. u This is a mifery much to be lamented ; " for though they were burning and fhining " lights in their times, yet they penetrated " not into the whole counfel of God ; but u were they now living, would be as willing " to embrace farther light, as that which w they at firil received. I befeech you to re-
NEW-HAMPSHIRE. 63
tf member it as an article of your church " covenant, That you be ready to receive wbaf- £< ever truth Jhall be made knoivn to you from " the 'written word of God. Remember that, " and every other article of your facred cov- " enant. But I muft herewithal exhort you " to take heed what you receive as truth. " Examine, coniider and compare it with " other fcriptures of truth, before you re- . " ceive it ; for it is not poflible the chriftian " world fhould come fo lately out of fuch " thick antichriftian darknefs, and that per- " fedlion of knowledge fhould break forth " at once." It is much to be regretted that this excellent man did not live to reach New- England and to diffufe more generally fuch truly catholic and apoflolic principles.
Many of the firfl planters of New-Eng- land were perfons of good education, and forne of them eminent for their abilities and learning. Such men could not but fee the neceffity of fecuring to their pofterity the advantages which they had fo dearly pur- chafed. One of their firft concerns was to have their children confidered, from their earlieft years, as fubjedls of ecclefiaftical diC- cipline. This became a matter of controver- fy, and was largely difcuflfed in fermons and pamphlets, and at length determined by the authority of a fynod. A regular courfe of academical learning was a point of equal im- portance, and admitted of no difpute. They faw that the reputation and happinefs of the whole country depended greatly upon it. They therefore took early care for the eftab- lifhment of fchools, and -within ten years
HISTORY OF
from their firfl fettlement, founded a Col- lege at Cambridge*, which from fmall be- ginnings, by the iminificenee of its patrons, lias made a diftinguimed figure in the re- public of letters. Many eminent men have there been formed for the fervice of the church and ftate ; and without this advan- tage the country could not have arrived, in fo fhort a time, at its prefent refpeftable ftate ; nor have been furnilhad with men ca- pable of filling the various ftations of ufe- fulnefs, and of defending our civil and reli- gious liberties.
Though the firft planters derived from the royal grants and charters a political right as fubje&s of the crown of England, to this ter- ritory ; yet they did not think themfelves juftly entitled to the property of it till they had fairly purchafed it of its native lords, and made them full fatisfaftionf . Nor did they content themfelves with merely living peaceably among them, but exerted them- felves vigoroufly in endeavouring their con- verfion to chriftianity, which was one of the obligations of their patent, and one of the profeffed defigns of their fettlement in this country. This painful work was remarka- bly fucceeded, and the names of ELIOT and
* "When New-England was poor, and we were but few in number, there "was a spirit to encourage learning, and the college was full of students.'*
Result of a Synod in 1679.
f The Abbe Raynal in his elegant History of the East and West Indict speaks of the purchase made of the Indians by William Penn in 1681, as *' an example of moderation and justice in America, which was never thought ** of before, by the Europeans." It can be no derogation from the honor du« to the wise founder of Pennsylvania that the example of this moderation and justice was first set by the planters of New-England, whose deeds of poXi •veyance from the Indians were earlier than his by half a century.
In some parts of the country the lands purchased of the Indians are sub- ject to quit-rent, which is annually paid to their posterity. The > reserved to their use, which are not allowed to b?. pnrc'nssd of *':"ni ^ the consent of the legislature.
NEW-HAMPSHIRE. 65
MAYHEW will always be remembered as un- wearied inftruments in promoting it. Great care was taken by the government to pre- vent fraud and injuflice toward the Indians in trade, or violence to their perfons. The neareft of the natives were fo fenfible of the juftice of their Engliih neighbours, that they lived in a flate of peace with them, with but little interruption, for above fifty years.
Slavery was thought fo inconfiftent with the natural rights of mankind, and detri- mental to fociety, that an exprefs law was made, prohibiting the buying or felling of flaves, except thofe taken in lawful war, or reduced to fervitude for their crimes by a judicial fentence ; and thefe were to have the fame privileges as were allowed by the laws of Mofes. There was a remarkable in- ftaace of juftice in the execution of this law in 1645, when a Negro who had been frau- dulently brought from the coaft of Africa, and fold in the country, was by the fpecial interpofition of the general court taken from his mafter in order to be fent home to his native land*. How long after this the im- portation of blacks continued to be difallow- ed is uncertain ; but if the fame refolute juftice had always been obferved, it would have been much for the credit and intereft of the country ; and our own ftruggles for
* "14. 3d mo. 1645. The court thought proper to write to Mr. Wil- ' Hams of Pascataqua, (understanding that the Negroes which Captain '- Smyth brought were fraudently and injuriously taken and brought from c' Guinea, by Capt. Smyth'a confession and the rest of the company) that he " forthwith send the Negro which he had of Captain Smyth hither, that he •' may be sent home, which this court doth resolve to send back without de- '•' lay. And if you have any thing to alledge, why you should not return c him to 1-e disposed of by the court, it will be expected you should forth • ' ma he it appear either by yourself or your agent."
Massachusetts Record,-,
66 HISTORY OF
liberty would not have carried fo flagrant ait appearance of inconfiftency.
Severe laws conformable to the principles of the laws of Mofes were ena&ed againft all kinds of immorality. Blafphemy, Idolatry, adultery, unnatural lufts, rape, murder, man- ftealing, falfe witnefs, rebellion againft par- ents, and confpiracy againft the common- wealth were made capital crimes ; and be- caufe fome doubted whether the magiftrate could punifli breaches of the four firft com- mands of the decalogue, this right was a£- ferted in the higheft tone, and the denial of it ranked among the moft peftilent herefies, and puniflied with banifhment. By the fe- verity and impartiality with which thofe laws were executed, intemperance and pro- fanenefs were fo effectually difcountenanced that Hugh Peters, who had refided in the country twenty years, declared before the parliament that he had not feen a drunken man, nor heard a profane oath during that period. The report of this extraordinary ftridlnefs, while it invited many of the beft men in England to come over, kept them clear of thofe wretches who fly from one country to another to efcape the punifhment of their crimes.
The profefled defign of the plantation be- ing the advancement of religion, and men of the ftrifteft morals being appointed to the chief places of government, their zeal for purity of every kind carried them into fome refinements in their laws which are not gen- erally fuppofed to come within the fphere of magiftracy, and in larger communities could fcarcely be attended to in a judicial way.
NEW-HAMPSHIRE. 67
The drinking of healths, and the ufe of to- bacco were forbidden, the former being con- fidered as an heathenifh and idolatrous prac- tice, grounded on the ancient libations ; the other as a fpecies of intoxication and waile of time. Laws were inftituted to regulate the in- tercourfe between the fexes, and the advances toward matrimony : They had a ceremony of betrothing, which preceded that of mar- riage. Pride and levity of behavior came under the cognizance of the magiftrate. Not only the richnefs but the mode of drefs, and cut of the hair were fubjeil to ftate-regula- tions. Women were forbidden to expofe their arms or bofoms to view ; it was ord- ered that their ileeves fhould reach down to their wrift, and their gowns be clofed round the neck. Men were obliged to cut ihort their hair, that they might not refemble wo- men. No perfon not worth two hundred pounds was allowed to wear gold or iilver lace, or filk hoods and fcarfs. Offences a- gainft thefe laws were prefentable by the grand jury ; and thofe who drefled above their rank were to be afTefTed accordingly. Sumptuary laws might be of ufe in the be- ginning of a new plantation ; but thefe pi- ous rulers had more in view than the politi- cal good. They were not only concerned for the external appearance of fobriety and good order, but thought themfelves obliged, fo far as they were able, to promote real re- ligion and enforce the obfervance of the di- vine precepts.
As they were fond of imagining a near re* femblance between the circumftances of their fettlement in this country and, the redempr
HISTORY Ot
Increase Mather's tife, p. 57.
Mather's Magnalia, - Hb. 3. p. 20.
H'ltch. C, ee, papers, p. 161.
tion of Ifrael from Egypt or Babylon ; it is not ftrange that they ihould alfo look upon their " commonwealth as an inftitution of " God for the prefervation of their church- " es, and the civil rulers as both members " and fathers of them." The famous John Cotton, the firft minifter in Bofton was the chief promoter of this fentiment. When he arrived in 1633, he found the people di- vided in their opinions. Some had been ad- mitted to the privileges of freemen at the firft general court, who were not in commu- nion with the churches ; after this an order was pafTed, that none but members of the churches fliould be admitted freemen ; .whereby all other perfons were excluded 1 from every office or privilege civil or mili- tary. This great man by his eloquence confirmed thofe who had embraced this opinion, and earneftly pleaded " that the " government might be coiifidered as a theo- " cracy wherein the Lord was judge, lawgiv- " er and king ; that the laws which he gave " Ifrael might be adopted, fo far as they " were of moral and perpetual equity ; that " the people might be coiifidered as God's " people in covenant with him ; that none " out perfons of approved piety and eminent " gifts fhould be chofen rulers ; that the " minillers fhould be confulted in all mat- " ters of religion ; and that the magiftrate " fhould have a fuperintending and coercive " power over the churches." At the defire of the court, he compiled a fyftem of laws founded chiefly oil the laws of Mofes, which was coiifidered by the legiflative body as the general ftandard ; though they never for-
NEW-HAMPSHIRE. 69
mally adopted it, and in fome inftances va- ried from it.
Thefe principles were fundamentally the fame with thofe on which were ground- ed all the perfecutions which they had en- dured in England, and naturally led to the fame extremes of oridudl which they had fo bitterly complained of in thofe civil and ec- clefiaftical rulers, from whofe tyranny they had fled into this wildernefs. They had al- ready proceeded a flep farther than the hie- rarchy had ever attempted. No teft-law had as yet taken place in England ; but they had at one blow cut off all but thofe of their own communion, from the privileges of civil offices, however otherwife qualified. They thought that as they had fufFered fo much in laying the foundation of a new ftate, which was fuppofed to be " a model of the " glorious kingdom of Chrift on earth*," they had an exclufive right to all the hon- ours and privileges of it ; and having the power in their hands, they effectually eftab- lifhed their pretenfions, and made all diflent- ers and difturbers feel the weight of their indignation.
In confequence of the union thus formed between the church and ftate on the plan of the Jewifh theocracy, the miiiifters were cal- led to fit in council, and give their advice in matters of religion and cafes of confcience
'- "I look upon this as a little model of the glorious kingdom of Christ on earth Christ reigns among; us in the commonwealth as well as in the Church, and hath his glorious interest involved in the good of both so- cieties respectively. He that shall be treacherous and false to the civil government, is guilty of high treason against the Lord Jesus Christ, and will be proc eded against as a rebel and traitor to the King qf kings, when ; he shall hold his great assizes at the end of the world,"
President Oakes'p Election Sermon, 1679.
70 HISTORY OF
which came before the court, and without them they never proceeded to any aft of an ecclefiaftical nature. As none were allowed to vote in the election of rulers but freemen, and freemen muft be church members ; and as none could be admitted into the church but by the elders, who firfl examined, and then propounded them to the brethren for their vote, the clergy acquired hereby a vaft afcendency over both rulers and people, and had in effedl the keys of the ftate as well as the church in their hands. The magiftrates, on the other hand, regulated the gathering of churches, interpofed in the fettlement and difiniflion of minifters, arbitrated in ecclefi- aftical controversies and controled fynodical aflemblies. This coercive power in the magit trate was deemed abfolutely neceflary to preferve " the order of the gofpel."
The principle on which this power is chap. 17. 5 . „ . *
sec. 3. grounded is exprelled in the Cambridge Platform in terms as foft as poffible. " The " power and authority of magiftrates is not " for the reftraining of churches, or any other "good works, but for the helping in and "furthering thereof, and therefore the con- " fent and countenance of magiftrates when " /'/ may be had^ is not to. be flighted or light- " ly efteemed ; but, on the contrary, it is a " part of the honor due to chriftiaii magif- " trates to deiire and crave their confent and " approbation therein : which being obtain- 4C ed, the churches may then proceed in their *' way with ??inch more encouragement and " comfort." This article (like clivers others in that work) is curioufly and artfully drawn up, fo that there is an appearance of liberty
NEW-HAMPSHIRE. 71
and tendernefs but none in reality : For al- though the magiftrate was not to reftrain any good works, yet be was to be the judge of the good or evil of the works to be reftrain- ed ; and what fecurity could churches have that they fhould not be reftrained in the per- formance of what they judged to be good works ? They might indeed think them- felves fafe, while their rulers were fo zealous for the purity of the churches of which themfelves were members, and while their minifters were confulted in all ecclefiaftical affairs ; but if the civil powers had adled without fuch confultation, or if the minif- ters had been induced to yield to the opinion of the magiftrates, when contrary to the in- terefl of the churches, what then would have become of religious liberty ?
The idea of liberty in matters of religion was in that day ftrangely underftood, and myfterioufly expreffed. The venerable Hig- ginfoii of Salem in his fermon on the day of the election 1663, fpeaks thus ; " The got " pel of Chrift hath a right paramount all " rights in the world ; it hath a divine and " fupreme right to be received in every na- fc tion, and the knee of magiftracy is to bow " at the name of Jefus. This right carries " liberty along with it, for all fuch as pro- " fefs the gofpel, to walk according to the " faith and order of the gofpel. That which " is contrary to the gofpel hath no right, and " therefore fliould have no liberty." Here the queftion arifes, who is to be the judge of what is agreeable or contrary to the gof- pel ? If the magiftrate, then there is only a liberty to believe and pradlice what the
HISTORY OF
magiftrate thinks right. A fimilar fentiment occurs in the fermon of the learned Prefident Oakes on the fame occafion in 1673 ; " The 4t outcry of fome is for liberty of confcience. Cc This is the great Diana of the libertines of *' this age. But remember that as long as you ** have liberty to walk in the faith and order " of the gofpel, and may lead quiet and " peaceable lives in all godlinefs and honef- a ty, you have as much liberty of confcience a as Paul defired under any government." Here the queftion recurs, Would Paul have fubmitted to walk according to the opinion which the magiftrate might entertain of the faith and order of the gofpel ? But this was all the freedom allowed by the fpirit of thefe times. Liberty of confcience and toleration were offeiifive terms, and they who ufed them were fuppofed to be the enemies of re- ligion and government. " I look upon tol- " eration (fays the fame author) as the firfl " born of all abominations ; if it Ihould be " born and brought forth among us, you " may call it Gad, and give the fame reafon " that Leah did for the name of her fon, Be- " hold a troop cometb^ a troop of all manner of " abominations." In another of thefe elec- tion fermons, (which may generally be ac- counted the echo of the public voice, or the political pulfe by which the popular opinion may be felt) it is fhrewdly intimated that toleration had its origin from the devil, and the fpeech of the demoniac who cried out, " what have we to do with thee, let us alone, " thou Jefus of Nazareth," is ftylecl " Satan's " plea for toleration." The following aclmo-
NEW-HAMPSHIRE. 73
taition to pofterity, written by the Deputy- Governor Dudley, is another fpecimen.
" Let men of God in courts and churches watch -^ rt n>
" O'er such as do a toleration hatch ; Memorial.
'• Lest that ill egg bring forth a cockatrice, F- *^9.
'•' To poison all with heresy and vice. ^ If men be left and otherwise combine ^ My epitaph's / die no libertine?''
The champion of thefe fentiments was Cot- ton, who though eminently meek, placid and charitable, yet was ftroiigly tinctured with the prevailing opinion, That the magiftrate had a coercive power againft heretics. The baiiifhment of Roger Williams, minifter of Salem, occafioneci a vehement controverfy on this point. Williams having written in favour of liberty of confcience, and flyled the oppofite principle " the bloody tenet ;" was anfwered by Cotton, who publifhed a Treatife in 1647 with this flrange title, " The bloody tenet wafhed, and made white " in the blood of the Lamb." In this work he labours to prove the lawfulnefs of the magiftrate's ufing the civil fword to ex- tirpate heretics, from the commands given to the Jews to put to death blafphemers and idolaters. To the objection, that perfecu- tion ferves to make men hypocrites, he fays, " better tolerate hypocrites and tares than " briars and thorns. In fuch cafes the civil
* fword doth not fo much attend the con-
* verfion of feducers, as the preventing the " feduction of honed minds by their means." He allows indeed that " the magiftrate ought "c not to draw the fword againft feducers till
: he have ufeci all good means for their con- is.
74 HISTORY O*
" vidtion : But if after their continuance in ol> " ftinate rebellion againft the light, he lhall " ftill walk toward them, in foft and gentle " commiferation, his foftnefs and gentlenefs " is exceflive large to foxes and wolves ; but " his bowels are miferably ftraitned and " hardned againft the poor fheep and lambs " of Chrift. Nor is it fruftrating the end of " Chrift's coming, which was to fave fouls, " but a diredl advancing it, to deftroy, if " need be, the bodies of thofe wolves, who " feek to deftroy the fouls of thofe for whom " Chrift died." In purfuiiig his argument he refines fo far as to deny that any man is to be perfecuted on account of confcience " till being convinced in his confcience of " his wickednefs, he do ft and out therein, " not only againft the truth, but againft the " light of his own confcience, that fo it " may appear he is not perfecuted for caufe " of confcience, but puniflied for finning " againft his own confcience." To which he adds, " fometimes it may be an aggrava- " tion of fin both in judgment and practice " that a man committeth it in confcience." " After having faid that it was toleration " which made the world antichriftiaii," he concludes his book with this fingular ejacu- lation, " the Lord keep us from being be- " witched with the whore's cup, left while " we feem to rejedl her with open face of u profeflion, we bring her in by a back door " of toleration ; and fo come to drink deep- " ly of the cup of the Lord's wrath, and be " filled with her plagues."
But the ftrangeft language that ever was uied on this or perhaps on any other fubjedl,
u
"
JSTEW-HAMPSHIRE. • 75
is to be found in a book printed in 1645 by the humourous Ward of Ipfwich entitled, " the Simple Cobler of Agawam." " My " heart (fays he) hath naturally detefted " four things ; the {landing of the Apocry- " pha in the bible : foreigners dwelling in " my country, to croud out native fubjedls " into the corners of the earth : alchymized " coins : toleration of divers religions or of *' one religion in fegregant lhapes. He that willingly affents to the laft, if he examines his heart by day-light, his confcience will tell him, he is either an atheift, or an here* tic, or an hypocrite, or at beft a captive to u fome luft. Polypiety is the greateft impiety " in the world. To authorize an untruth by 44 toleration of the ftate, is to build a fconce " againft the walls of heaven, to batter God " out of his chair. Perfecution of true reli- " gion and toleration of falfe are the Jannes " and Jambres to the kingdom of Chrift, " whereof the laft is by far the worft. He " that is willing to tolerate any unfound <4 opinion, that his own may be tolerated " though never fo found, will for a need, " hang God's bible at the devil's girdle. It u is faid that men ought to have liberty of " confcience and that it is perfecution to de- u bar them of it : I can rather ftand amaz- *4 ed than reply to this ; it is an aftonimment ;c that the brains of men mould be parboiled " in fuch impious ignorance."
From thefe fpecimens, (of which the read- er will think he has had enough) it is eafy to fee how deeply the principle of intoleran- cy was rooted in the minds of our forefath-* ers • Had it ftopd onlv in their books as H
76 HISTORY OF
fubjedi of {peculation, it might have been excufed, confidering the prejudices of the times ; but it was drawn out into fatal prac- tice, and caufed fevere perfecutions which cannot be juftified confidently with chrifti- anity or true policy. Whatever may be faid in favour of their proceedings againft the Antinomians, whofe principles had fuch an effed: on the minds of the people as materi- ally afFedled the foundations of government, in the infancy of the plantation ; yet the Anabaptifls and Quakers were fo incoiifid- erable for numbers, and the colony was then fo well eftabliflied that no danger could have been rationally apprehended to the common- wealth from them. Rhode-Ifland was fet- tled by fome of the Antinomian exiles on a calender's plan of entire religious liberty : men of eve- seTmon! ry denomination being equally prote&ed and countenanced, and enjoying the honours and offices of government. The Anabaptifts, fined and baniihed, flocked to that new fet~ tlement, and many of the Quakers alfo took refuge there ; fo that Rhode-Ifland was in thofe days looked upon as the drain or fink of New-England ; and it has been faid that " if any man had loll his religion, he might " find it there., among fuch a general mufter '•' of opinionifts." Notwithftanding this in- vective, it is much to the honour of that government that there never was an iiiftance of perfecution for confcience fake counten- anced by them. Rhode-Ifland and Pennfyl- vania afford a ftrong proof that toleration conduces greatly to the fettlement and in,- creafe of an infant plantation.
NEW-HAMPSHIRE. 77
The Quakers at firft were banifhed ; but this proving infufficient, a fucceflion of fan- guinary laws were enabled againft them, of whichimprifonment,whipping,cuttingoflFthe ears, boring the tongue with an hot iron, and banifhment on pain of death, were the terri- ble fan<5tions. In confequence of thefe laws four perfons were put to death at Bofton, bearing their punifliment with patience and fortitude ; folemnly protefling that their re- turn from baiiiihment was by divine direc- tion, to warn the magiflrates of their errors, and intreat them to repeal their cruel laws ; denouncing: the judgments of God upon sewei'«
. r i n n , History df
them ; and foretelling that if they ihould put them to death other- would rife up in their ers* room to fill their hands with work*. After
* The following passages extracted from William Leddra's letter to his friends, written the day before his execution, March 15, 1660, shew an ele- gance of sentiment and expression, not common in their writings.
" Most dear and inwardly beloved, " The sweet influence of the morning star, like a flood, distilling into my
* innocent habitation hath so ftlled me with tke joy of the Lord in the beauty *{ of holiness, that my spirit is as if it did not inhabit a tabernacle of clay, f- but is wholly swallowed up in the bosom of eternity from whence it had its
« being."
" AIa», alas ! what can the wrath and spirit of man, that lusteth to wi envy, aggravated by the heat and strength of the king of the locusts which " came out of- the pit, do unto one that is hid in the secret places of the Al- " mighty ? or to them that are gathered under the healing wings of the rt Prince of Peace ? O my beloved, 1 have waited as the dove at the win-
* dows of the ark, and have stood still in that watch, which the master did at " his coming reward with the fulness of kis love ; wherein my heart did re-
* joice that I might speak a few words to you, sealed with the spirit of '•' promise. As the flowing of the ocean doth fjl every creek and branch "c thereof, and then retires again toward its own being and fulness and leaves •'• a savour behind it ; so doth the life and virtue of God flow into everyone " of your hearts, whom he hath made partakers of his divine nature ; and Ci when it withdraws but a little, it leaves a sweet savour behind it, •"• that many can say they are made clean through the word that he has spok- " en to them. Therefore, my dear hearts, let the enjoyment of the life alone :: %e your hope, your joy and your consolation. Stand in the watch within, * in the fear of the Lord which is the entrance of wisdom. Confess him " before men, yea before his greatest enemies. Fear not what they can do V to you : Greater is he that is in you than he that is in the world, for he •'* will clothe you with humility and in the power of his meekness you shafl *' reign over all the rage of your enemies."
Sewers Hist. Quakers, page 274.
78 HISTORY OF
the execution of the fourth perfon, an order from King Charles the fecond, procured by their friends in England, put a ftop to capi- tal executions.
Impartiality will not fuffer a veil to be drawn over thefe difgraceful tranfa<5lions. The utmofl that has been pleaded in favor of them, cannot excufe them in the eye of reaf- on and juftice. The Quakers, it is faid, were heretics ; their principles appeared to be fubverfive of the gofpel, and derogatory from the honor of the Redeemer. Argument and fcripture were in this cafe the proper weap- ons to combat them with ; and if thefe had failed of fuccefs, they muft have been left to the judgment of an omnifcient and merciful God. They were complained of as diftur- bers of the peace, revilers of magiftracy, a malignant and affiduous promoters of doc- " trines diredlly tending to fubvert both " church and ftate ;" and our fathers thought it hard, when they had fled from oppolition and perfecution in one fhape to be again troubled with it in another. But it would have been more to their honor to have fuf- fered their magiflracy and church order to be infulted, than to have flamed their hands with the blood of men who deferved pity rather than punifhment. The Quakers in- deed had no right to diflurb them ; and fome of their conduct was to an high degree inde- cent and provoking ; but they were under the influence of a fpirit which is not eafily quelled by oppofition. -Had not the govern- ment appeared to be jealous of their princi- ples, and prohibited the reading of their books before any of them appeared in perfon, there
NEVV-HAMPSHIRfc* 79
could not have been fo plaufible a pretext for their reviling government. It was faid that the laws by which they were condemned were grounded on the laws in England againfh Jefuits, But the cafe was by no means parallel, (as the Quakers pleaded) auakers their principles and practices not being equal- ly detrimental to fociety. It was moreover urged in excufe of the feverities exercifed againfl the Quakers that the magiftrates thought themfelves " bound in confcience to Ma59« Rec* keep the pafiage with the point of the fword : this (it was faid) could do no harm to him that would be warned by it : their rufhing on it was their own a6l, and they brought the blood on their own heads. Had they promifed to depart the jurifdi<flion and not return without leave, the country would have been glad to have rid themfelves of the trouble of executing the laws upon them ; it was their prefumptuous returning after banim- ment that caufed them to be put to death." This was the plea which the court ufed in fe their addrefs to the king ; and in another ?. 972. vindication publifhed by their order, the un- happy fufferers are ftyled " felones de fe," or •felf-nuirderers. But this will not juftify the putting them to death, unlefs the original crimes for which they were banifhed had de-
D 1 9"
fervedit. The preamble to the aft by which they were condemned charges them with u altering the received laudable cuftom of giv- ing refpedi to equals and reverence to fupe- riors ; that their actions tend to undermine the civil government and deftroy the order of the churches, by denying all eftablifhed form? of worfhip, by withdrawing from or-
HISTORY OF
derly church fellowfhip allowed and approv- ed by all orthodox profeffors of the truth, and inftead thereof, and in oppofition there- to, frequently meeting themfelves, infinuat- ing themfelves into the minds of the fimple, whereby divers of our inhabitants have been infected." Did thefe offences deferve death ?' had any government a right to terrify with capital laws perfons guilty of no other crimes than thefe, efpecially when they profeffed that they were obliged to go the greatefl lengths in maintaining thofe tenets which they judg- ed facred, and following the dictates of that fpirit which they thought divine ? Was not the mere "holding the point of the fword" to them, really inviting them to " rum on "it" and feal their teftimony with their blood ? and was not this the moil likely way to ftrengthen and increafe their party ? Such puniftiment for offences which proceeded from a rnifguided zeal, increafed and in- flamed by oppofition, will never reflect any honour on the policy or moderation of the government ; and can be accounted for only by the ftrong predilection for coercive pow- er in religion, retained by moft or all of the reformed churches ; a prejudice which time and experience were neceflary to remove*..
* From the following authorities, it will appear that the government of New- England, however severe and unjustifiable in their proceedings against the GtuXkers, went no farther than the most eminent reformers ; particularly the Bohemians, the Lutherans, the celebrated Calvin and the martyr Cran- mer.
In the war which the Kmperor Sigismond excited against the Bohemian reformers, who had the famous Zisca for their general ; ': The acts of bar- barity which were committed on both sides were shocking and terrible bcr yond expression. For notwithstanding the irreconcilable opposition h the religious sentiments of the contending parties, they both agreed in this one horrible point, that it was innocent and lawful to persecute and ^ate with fire and sword, the enemies of the true religion, ar
NEW-HAMPSHIRE. 81
The miftakes on which their conduct was grounded cannot be detedled in a more maf- terly manner, than by tranfcribing the fenti- ments of Do6lor Increafe Mather, who lived in thofe times, and was a itrong advocate for the coercive power of the magiftrate in mat- ters of religion ; but afterward changed his opinion on this point. " He became fenfi- " ble that the example of the Ifraelitiih re- " formers inflicting penalties onfalfe worfhip- u pers would not legitimate the like proceed- " ings among chriftian gentiles : For the ho- " ly land of Q±d wa^ by a deed of gift from " the glorious God, miraculoufly and indif- " putably granted to the Ifraelitiih nation, " and the condition on which they had it was
reciprocally appeared to be in each others eyes." Mosheim's Eccl. Hist, veil, 3. p. 261.
" It were indeed ardently to be wished, that the Lutherans had treated with more mildness and charity those who differed from them in religious opinions. But they had unhappily imbibed a spirit of persecution in their early education. This was too much the spirit of the times, and it was even a leading maxim with our ancestors (this author was a Lutheran) that it was both lawful and expedient to use severity and ibrce against those whom they looked upon as heretics. This maxim ivas derived from ROME ; and even those who separated from that church did not find it easy to throw off all of a sudden that despotic and uncharitable spirit, that had so long1 been the main spring of its government and the general characteristic of its members. Nay in their narrow view of things, their very piety seemed to suppress the gen- erous movements of fraternal love and forbearance, and the more they felt themselves animated with a zeal for the divine glory, the more difficult did they find it to renounce that ancient and favourite maxim, that whoever is found to be an enemy to God, ought also to be declared an enemy to his eoantry." Mosheim, vol. 4. page 437.
" Michael Servetus, a Spanish physician, published seven books in which he attacked the sentiments adopted by far the greatest part of the Christian church, in relation to the divine nature and a trinity of persons in the God- head. Few innovators have set out with a better prospect of success : But all his views were totally disappointed by the vigilance and severity of Calvin, who when Servetus was passing through Switzerland, caused him to be ap- prehended at Geneva in the year 1558, and had an accusation of blasphemy brought against him before the council. Servetus adhering resolutely to the opinions he ha 1 embraced, was declared an obstinate heretic and condemned to t!;e HaiiK . Mosheim, vol. 4. page 171.
Dr. Macdaim' in his note on this passage, says, " It was a remaining por- tion of the spirit of popery in the breast of Calvin that kindled his unchristian .eal against the wretched Servetur, whose death will bo an inclelibk re- . . • "Pv.t >Tis tfharacf^v of that reat and c-yunent reformer."
HISTORY 01
rt their obiervance of the Mofaic inftitt&ions, " To violate them was high treafon againft " the king of the theocracy, an iniquity to " be punifhed by the judge. At the fame a time fojourners in the land were not com- a pelled to the keeping thofe rites and laws K which Mofes had given to the people. 4< Nay the Ifraelites themfelves fell, many of u them, into the woril of hereiies, yet while " they kept the laws and rites of Mofes, the " magiftrate would not meddle with them. " The herefy of the Sadducees in particular " ftruck at the foundation of all religion ; " yet we do not find that our Saviour ever
In the reign of Edward the sixth of England, anno, 1549, " A woman "• called Joan Bocher, or Joan of Kent, was accused of heretical pravity. Hei " doctrine was, " that Christ v/as not truly incarnate of the virgin, whosr " flesh being the outward man was r.infully begotten and born in sin ; and '•* consequently he could take r n t the word by the consent of the in -
" ward man of the virgin was made flesh." A scholastic nicety, not capa- ble of doing much mischief I but tberr was a necessity for delivering the we- man to the flames for maintaining- it. The young king though in such ten- der years, had more sense than all his counsellors and preceptors ; and he k>ng refused to sign the warrant for her execution. CRANMER, with his su- perior learning, was employed to persuade him to compliance, and he said, that the prince, being God's deputy, ought to repress impieties against God. in like manner as the king's deputies were bound to punish oifenders against the king's person. He also argued from the practice of the Jewish church in stoning blasphemers. Edward overcome by importunity more than reason at last submitted, and told Cranmer with tears in his eyes, that if any wrong was done, the guilt should He entirely on his head. The primate was struck with surprize ; but after making a new effort to reclaim the woman and find- ing her obstinate, he at last committed her to the flames. Nor did he ever renounce his burning principles so long as he continued in power." Home's Hist. Eng. 4to vol. 3. p. 320. Neal's Hist. Purit. 4to. vol. 1. p. 41.
It ought also to be remembered, that at the same tirro that the Quakers suffered in New-England, penal laws against them were made and rigorously executed in England ; and though none of them suffered capital execution;:, yet they were thrown into prison and treated with other marks of cruelly, which in some instances proved the means of their death. And though the, lenity of King Charles the lid in putting a stop to capital executions here lias been much celebrated, yet in his letter to the Massachusetts government the next year, wherein he requires liberty for jhe church of England airong them, he adds, "Wee cannot be understood hereby to direct, or wish that any "indulgence should be graunted to Gbuakt-r?, whose principles, being incon- " sistent with any kind of government. Wee have found it necessary with " the advise of out parliament here to make a sharp law against them, and " are well content you doe, the like th-re." R-JC; N. Proving
44 Maine, lib. 1. fol. 129
NEW-HAMPSHIRE,
4
u blamed the Pharifees for not perfecuting " them. The chriilian religion brings us " not into a temporal Canaan, it knows no " weapons but what are purely fpiritual. He " faw that until perfecution be utterly ban* ** ifhed out of the world, and Cain's club " taken out of Abel's hand, 'tis impoffible to 4C refcue the world from endlefs confufions. " He that has the power of the fword will :' always be in the right and always aflume " the power of perfecuting. In his latter " times therefore he looked upon it as one " of the moft hopeful among the figns of the " times, that people began to be afhamed of u a practice which had been a mother of " abominations, and he came entirely into " that golden maxim, Errantis poena doceri" Divers others of the principal adlors and abettors of this tragedy lived to fee the folly and incompetency of fuch fanguinary laws, to which the fufferings of their brethren, the nonconformifts in England, did not a lit- tle contribute. Under the arbitrary govern- ment of King James the fecond, when he, for a ihew of liberty and as a leading ftep to the introduction of popery, iflued a procla- mation of indulgence to tender confciences, the principal men of the country fent him an addrefs of thanks, for granting them what they had formerly denied to others. It is but juftice to add, that all thofe difgraceful laws were renounced and repealed, and the people of New-England are now as candidly difpofed toward the Quakers as any other denominations of chriftians. To keep alive a fpirit of refentment and reproach to the country, pn account o£ thofe ancient
84 HISTORi Oi-
adlions which are now univerfally condem- ned, would difcover a temper not very con- fiftent with that meeknefs and forgivenefs which ought to be cultivated by all who pro- fefs to be influenced by the gofpel.
But though our anceftors are juftly cen- furable for thofe inftances of misconduct, yet they are not to be condemned as unwor- thy the chriftian name, fince fome of the firil difciples of our Lord, in a zealous imi- tation of the prophet Elias, would have cal- led for fire from Heaven to confume a village of the Samaritans who refufed to receive him, Their zeal was of the fame kind ; and the anfwer which the benevolent author of our religion gave to his difciples on that occafion, might with equal propriety be ad- drefled to them, and to all perfecuting chrif- tians, " Ye know not what fpirit ye are of, " for the Son of man is not come to deftroy fi men's live's but to fave them,"
NEW-HAMPSHIRE. $&
CHAP. IV.
of Government under Massachusetts*— Mason's, efforts to recover the property of his ancestor. — Transactions of tte King's Commissioners. — Opposition to them. — Political prin- ciples.— Internal transactions, *—Ma son discouraged.
DURING the union of thefe plan- tations with Maffachufetts, they were gov* erned by the general laws of the colony, and the terms of the union were ftri<5lly obferv- ed. Exeter and Hampton were at firft an- nexed to the jurifdi&ion of the courts at Ipfwich, till the eftablifliment of a new coun- 164& ty which was called Norfolk, and compre- hended Salifbury, Haverhill, Hampton, Ex- eter, Portfmouth and Dover. Thefe towns were then of fuch extent as to contain all the lands between the rivers Merrimack and Pafcataqua. The mire town was Salifbury ; but Dover and Portfmouth had always a dit tindl jurifdicflion, though they were confid- ered as part of this new county ; a court being held in one or the other, fometimes once and fometimes twice in the year, con- fiding of one or more of the magiftrates or affiftants, and one or more commiflioners chofen by the General Court out of the prin- cipal 'gentlemen of each town. This was called the court of Aflbciates ; and their power extended to caufes of twenty pounds value. From them there was an appeal to the board of Affiftants, which being found inconvenient, it was in 1670 ordered to be made to the county court of Norfolk. Caufes under twenty Ihillings in value were fettled in #ach town by an Inferior Court confifting of
86 HISTORY OF
three perfbns. After fome time they had 1647. liberty to choofe their AfTociates, which was done by the votes of both towns, opened at Dover and a joint meeting of their felecflmen, though Sorts. Rec. fometimes they requefted the court to ap- point them as before. That mutual confi- dence between rulers and people, which fprings from the genius of a republican gov^ eminent is obfervable in gll their tranfac- tiohs.*
This extenfion of the colony's jurifdiftion over New-Hampfliire, could not fail of being noticed by the heirs of Mafon : But the dif- traclions caufed by the civil wars in England were invincible bars to any legal enquiry. The firft heir named in Mafon's will dying in infancy, the eftate defcended after the death of the executrix to Robert Tufton, who 1652. was not of age till 1650. In two years after this, Jofeph Mafon came over as agent to the executrix, to look after the intereft of her de- ceaied hufband. He found the lands at New- ichwannock occupied by Richard Leader,
* In 1652, the number of people in Dover -was increased so. that they were a' loved by law to send two deputies to the General Court. Hampton oontinui-d sending but one till 1669, and Portsmouth till 1672. The namer qf the representatives which I have been able to recover, are as follows :
For Dover. John Baker,
Valentine Hill, Richard Cook, of Boston
Richard Waldron, who was ' For Hampton.
-Chosen without interrup- jeoffry Mingay,
tion for 25 years., and was Henry Dow,
sometime spealter of ths Hpu^. William F Richard Cook. Robert Pa,;e,
Pfter Coffin. Rogev SI; .<
For Portsnw-t.i, Roger Page, •
Bryan Pendleton, Samuel Dalt.r.
Henry SUerburne, Joshua G«lman.
"Richard Cutts, Anthony Stanyon,
T^a thinkl Fr>-er, Christopher Hu
Stilenan, William Gerrish,
John O.iti S, Joseph Hus?ey.
Richard Mavt;-ri,
"»t find that Fxeter serf any deputies to court during this uni-jj^
Court R<
NEW-HAMPSHIRE.
againil whom he brought adlions in the 1652. county court of Norfolk ; but a difpute ant- ing whether the lands in queftion were with- in the jurifdidlion of MafTachufetts, and the court of Norfolk judging the adlion not to be within their cognizance, recourle wras had to the general court ; who on this occafion ordered an accurate furvey of the northern bounds of their patent to be made ; a thing which they had long meditated. A commit- Massa Ret- tee of the general court attended by Jonathan Ince, and John Shearman furveyors, and fev~ eral Indian guides, went up the river Merri- mack to find the moft northerly part there- of, which the Indians told them was at Aque- dochtan, the outlet of the lake Winnipifeo- gee. The latitude of this place was obferv- cd to be 43 degrees 40 minutes and 1 2 fec- onds, to which three miles being added, made the line of the patent, according to their con- ftrucftioii, fall within the lake, in the latitude of 43 degrees 43 minutes and 12 feconds. Two experienced fhip-mafters, Jonas Clarke and Samuel Andrews, were then difpatched to the eafterii coaft, who found the fame de- grees, minutes, and feconds, on the northen point of an ifland in Cafco Bay, called the Upper Clapboard Ifland. An eaft and weft line, drawn through thefe points from the Atlantic to the South fea, was therefore fup- pofed to be the northern boundary of the Maffachufetts patent, within which the whole claim of Mafon, and the greater part of that of Gorges were comprehended. When this grand point was determined, the court were of opinion, that " fome lands at Newichwan- " ncck5 with the river, were by agreement of
88 HISTORY OF
1653. " Sir Ferdinando Gorges and others, appor- " tioned to Captain Mafon, and that he alfo " had right by purchafe of the Indians, as al- " ib by poffeinon and improvement ;" and they ordered " a quantity of land proportion- " able to his difburfements, with the privi- " lege of the river, to be laid out to his heirs.5' The agent made no attempt to recover any other part of the eftate ; but having tarried long enough in the country to obferve the temper of the government, and the manage- ment ufed in the determination of his fuit, he returned ; and the eftate was given up for loft unlefs the government of England fhould interpofe.
During the commonwealth, and the pro- tedlorate of Cromwell, there could be no hope of relief, as the family had always been at- tached to the royal caufe, and the colony flood high in the favor of the parliament and
1660. of Cromwell. But the reftoration of King Charles the fecond encouraged Tufton, who now took the firname of Aiafon, to look up to the throne for favor and affiftance. For though the plan of colonization adopted by his grandfather was in itself chimerical, and proved fruitlefs, yet he had expended a large eftate in the profecution of it, which mud have been wholly loft to his heirs, unlefs they could recover the poffeffion of his A- merican territories. Full of this idea, Ma- fon petitioned the king ; fetting forth c the ' encroachment of the Maffachufetts colony ' upon his lands, their making grants arid c giving titles to the inhabitants, and thereby ' difpofleffing him and keeping him out of * his right." The king referred the petition
NEW-HAMPSHIRE. 89
to his attorney-general Sir Geoffry Palmer, 1660. who reported that " Robert Mafon, grandfon ^°sv:n8gu " and heir to Captain John Mafon, had a court files. <l good and legal title to the province of New- a Hampfhire." Nothing farther was done at this time, nor was the matter mentioned in the letter which the king foon after fent -. ^^ to the colony, though fbme oftenfive things Hutch " in their condu.61 were therein reprehended, collect, of and divers alterations enjoined. But the di- 377"' redlions contained in this letter not being ftridlly attended to, and complaints being made to the king of difputes which had arif- en in divers parts of New- England concern-^ ing the limits of jurifdiftion, and addrefles Hutc.Hist. having been prefented by feveral perfons, p.ss™' praying for the royal interpolation ; a com- miilion was iffued under the great feal to ^ „„* Colonel Richard Nichols, Sir Robert Carre, April 35" knight, George Carteret and Samuel Maver- ick, efquires, impowering them " to vifit the " feveral colonies of New-England ; to ex- " amine and determine all complaints and " appeals in matters civil, military and crimi- " nal ; to provide for the peace and fecurity " of the country, according to their good and " found difcretion, and to fuch inftru6lions " as they Ihould receive from the king, and " to certify him of their proceedings."
This commiffion was highly difreliihed by i lie colony, as inconfiftent with the rights and privileges which they enjoyed by their char- ter, and which the king had facredly prom- ifed to confirm. It is therefore no wonder that the commiffioners were treated with Hu|ch- much coolnefs at their arrival ; but they fe- 4iV ** v repaid it in their report to the king.
90 HISTORY 01
1665* In their progrefs through the country they June. came to Pafcataqua, and enquired into the bounds of Mafon's patent. They heard the allegation of Whelewright, who when ban- ifhed by the colony, was permitted to refide immediately beyond what was called the bound-houfe, which was three large miles to the northward of the river Merrimack. They took the affidavit of Henry Jocelyn concern- ing the agreement between Governor Crad- ock and Captain Mafon, that the river fhould be the boundary of their refpe6live patents. They made no determination of this contro- verfy in their report to the king ; but hav- ing called together the inhabitants of Portf- mouth, Sir Robert Carre, in the name of the reft, told them that " they would releafe them " from the government of Maflachufetts, " whofe jurifdiftion fhould come no farther " than the bound-houfe." They then pro- ceeded to appoint juftices of the peace and other officers, with power to acl according to the laws of England, and fuch laws of their own as were not repugnant thereto, until the king's pleafure fhould be farther known. There had always been a party here who
Collection i* /• ' sv»?' /• i • i riv/rrr-
fep. 488. were dilaftecled to the government or Mafla- chufetts. One of the moft adlive among them was Abraham Corbett, of Portfmouth, who, fince the arrival of the commifli oners at Bofton, and probably by authority deriv- ed from them, had taken upon him to iffue warrants in the king's name on feveral occa- lions, which was conftrued a high mifde- meanor, as he had never been commiffioned by the authority of die colony. Being called tQ account by the general court, he was ad-
NEW-HAMPSHIRE. 91
monifhed, fined five pounds, and committed 1665. till the fentence was performed. Irritated by this fe verity, he was the fitter inftrument for the purpoie of the commiffioners, who em- ployed him to frame a petition to the king in the name of the four towns, complaining of the ufurpation of Maflachufetts over them, and praying to be releafed from their tyran- ny. Corbett, in a fecret manner, procured feveral perfons both in Portfmouth and Do- ver to fubfcribe this petition, but the moft of thofe to whom he offered it refufed.
The fenfible part of the inhabitants now faw with much concern that they were in danger of being reduced to the fame unhap- py ftate which they had been in before their union with the colony. Awed by the fuper- cilious behaviour of the commiffioners, they knew not at firft how to aft ; for to oppofe the king's authority was conftrued treafon, and it was laid that Sir Robert Carre had threatened a poor old man with death for no other crime than forbidding his grandchild to open a door to them. But when the ru- mour was fpread that a petition was drawn, and that Gorbett was procuring lubfcribers, the people, no longer able to bear the abufe, earneftly applied to the general court, pray- ing " that in fome orderly way they might " have an opportunity to clear themfelves of " ib great and unjuft afperfions, as were by "this petition, drawn in their name, caft tc upon the government under which they " were fettled ; and alfo to manifeft their " feiife of fuch perfidious aftions, left by their " filence it fhvbuld be concluded they were " of the fame mind with thofe who f Vame4
92 HISTORY 0*
1665. " the petition." In confequence of this peti- tion the court commiffioned Thomas Danforth, Efeazar Luiher, and Major General Leverett to enquire into the matter, and fettle the peace in thefe places according to their beft difcretion.
October 9. Thefe gentlemen came to Portfmouth, and having affernbled the inhabitants, and pub- liihed their commiflion, they told them that they Were informed of a petition fubfcribed in behalf of that and the neighbouring towns, complaining of the government ; and defir- ed them if they had any juft grievances to let them be known, and report fhould be immediately made to the general court. The next day they aflfembled the people of Dover and made the fame challenge. Both towns refpe<?dvely protected againft the pe- tition, and profeffed full fatisfadlion with the goverment, which they fignified in addrefles to the court. Dudley, the minifter of Exeter, certified under his hand to the committee, that the people of that town had no concern diredlly nor indircdlly with the obnoxious petition. They received alfo full fatisfacflion with regard to Hampton ; a certificate of which might have been obtained, if they had thought it neceffary.
They then proceeded to fummon Corbett before them for feditious behaviour ; but he eluded the fearch that was made for him, and they were obliged to leave a warrant with an. officer to cite him to the court at Boftoru The commiflioners had now gone over into the province of Maine, from whence Sir Robert Carre in their name fent a fevere reprimand to this committee, forbidding
NEW-HAMPSHIRE. 98
them to proceed againft fuch perfons as had 1665. fubfcribed the petition, and inclofing a copy of a letter which the faid commiflioners had written to the governor and council on the fame fubjed:.
The committee returned and reported their proceedings to the court, and about the fame . time the commiffioners came from their eafi> ern tour to Bofton ; where the court defired a conference with them, but received fuch i
an anfwer from Sir Robert Carre as deter- mined them not to repeat their requeft. A warrant was then iffued by the fecretary, in the name of the whole court, to apprehend Corbett and bring him before the governor and magiflrates, " to anfwer for his tumultu- " ous and feditious practices againft the gov- " eminent." The next fpring he was feized and brought before them ; and after a full May hearing was adjudged guilty of fedition, and exciting others to difcontent with the gov- ernment and laws, and of keeping a difor- derly houfe of entertainment, for which crimes he was fentenced to give a bond of one hundred pounds with fecurity for his peaceable behaviour and obedience to the laws ; he was prohibited retailing liquors ; difabled from bearing any office in the town or commonwealth, during the pleafure of the court ; and obliged to pay a fine of twenty pounds and five pounds for the cofts of his profecution.
This fe verity in vindication of their char- ter-rights they thought fit to temper with fomethmg that had the appearance of fub- miffion to the royal commands. The king's Hutch. pleafure had been fignified to th$ commif-
94 HISTORY OF
1666. fioners, that the harbours Ihould be fortified. This inftru&ion came to hand while they were at Pafcataqua, and they immediately if- fued warrants to the four towns, requiring them to meet at a time and place appointed to receive his majefty's orders. One of thefe \varrants was fent by exprefs to Bofton, from whence two officers were difpatched by the governor and council to forbid the towns on their peril to meet, or obey the commands of the commiflioners. But by their own au- thority they ordered a committee to look out the moft convenient place for a fortification, upon whole report "the neck of land on the ec. « eaftwarci of tne Great Ifland, where a fmall " fort had been already built, was fequefter- " ed for the purpofe, taking in the Great " Rock, and from thence all die eaflerly part " of the faicl iflancl." The court of aflbciates being impowered to hear and determine the claims of thole who pretended any title to this land ; a claim was entered by George Walton, but rejected ; and the appropriation confirmed. The culloms and impoils on goods imported into the harbour were appli- ed to the maintenance of the fort, and the trained bands of Great-Ifland and Kittery- Point were difcharged from all other duty to attend the fervice of it, under Richard Cutts, efq. who was appointed captain.
The people of MaiTachufetts have, both in former and latter times, been charged with difloyalty to the king in their conduct to- ward thefe commiffioners, and their difre- gard of authority derived from the fame fource with their charter. To account for
NEW-HAMPSHIRE.
their conduct on this occafion,we muft con- 1666. fider the ideas they had of their political con- nexion with the parent ftate. They had been forced from thence by perfecution : they came at their own charges into a wildernefs, claimed indeed by the crown of England ; but really in pofTeflion of its native lords ; from whom they had purchafed the foil and fovereignty, which gave them a title, confid- ered in a moral view, fuperior to1 the grant of any European prince. For convenience on- ly, they had folicited and accepted a patent from the crown, which in their opinion con- ftituted the only bond of union between them and their prince, by which the nature and extent of their allegiance t® him was to be determined. This patent they regarded as a fblemn compact, wherein the king had granted them undifturbed pofTemon of the foil, and power of government within cer- tain limits ; on condition that they fliould fettle the country, chriftianize the natives, yield a fifth of all gold and filver mines to the crown, and make no laws repugnant to thofe of England. They had, on their part, facredly performed thefe conditions • and therefore concluded that the grant of title, property and dominion which the crown had made to them was irrevocable. And although they acknowledged themfelves fubjedts of the reigning prince, and owned a dependence on the royal authority ; yet they underftood it to be only through the medium of their charter.
The appointment of commiflioners who were to acl within the fame limits, indepen- dently of this authority, and to receive ap-
96 HISTORY OF
1666^ peals from it ; whofe rule of condud was no eftabliihed law, but their own " good and found difcretion," was regarded as a danger- ous ftretch of royal power, militating with and fuperfeding their charter. If the royal authority was deftined to flow through the patent, it could not regularly be turned into another channel : if they were to be governed by laws made and executed by officers of their own choofing, they could not at the fame time be governed by the " difcretion" of men in whpfe appointment they had no voice, and over whom they had no control. Two ruling powers in the fame ftate was a folecifm which they could not digeft. The patent was nei- ther forfeited nor revoked ; but the king had folemnly promifed to confirm it, and it fub- fifled in full force. The commiffion there- fore was deemed an ufurpation and infringe- ment of thofe chartered rights, which had been folemnly pledged 011 the one part, dear- ly pur chafed and juftly paid for on the oth- er. They regarded " a royal donation under Hutch. the great feal (to ufe their own words) as the vol. i. pas greateft fecurity that could be had in human S43- affairs ;" and they had confidence in the juf- tice of the fupreme ruler, that if they held what they in their confidences thought to be their rights, and performed the engagements by which they had acquired them, they fhould enjoy the protection of his providence,*
" Keep to your patent. Your patent was a royal grant indeed •, and it 'is instrumentally your defence and secuiity. Recede from that, on« ' way or the other, and you will expose yourselves to the wrath of God and ' the rage of man. Fix upon the patent, and stand for the liberties and in> c munities conferred upon you therein ; and you have GOD and the ' with you, both a good cause and a good interest : and may with good cor, - ' science set your foct against any foot of pride and violence that shall ^against you-'* president Oakes's Election Sermort
NEW-HAMPSHIRE. 97
though they fliould be obliged to abandon 166& the country, which they had planted with ib much labour and expence, and feek a new fettlement in fonie other part of the globe.
Thefe were the principles which they had imbibed, which they openly avowed and on which they a6led. Policy might have dictat* ed to them the fame flexibility of conduct, and foftnefs of expreffion, by which the oth- er colonies on this occafion gained the royal favour. But they had fo long held the fole and uninterrupted fovereignty, in which they had been indulged by the late popular gov- ernment in England ; and were fo fully con- vinced it was their right ; that they chofe rather to rifque the lofs of all, than to make any conceflions ; thereby expoung themfelves farther to the malice of their enemies and the vengeance of power.
The commiffioners, having finifhed their bufinefs, were recalled by the order of the king, who was much difpleafed with the ill treatment they had received from the Maffa- chufetts government, which was the more heinous, as the colonies of Plymouth, Rhode- Ifland and Connecticut had treated the com- miffion with acknowledged refped. By a *•££** letter to the colony he commanded them to 547- feud over four or five agents, promifing " to cc hear in perfori, all the allegations, fuggef- " tions, and pretences to right or favour, " that could be made on behalf of the colo- u ny," intimating that he was far from de- iiring to invade their charter ; and com- manding that all things fhould remain as the commiilioners had fettled them until his " ;•« order ; and that thofe perfons who had
98 HISTORY Of
1666. been impriibned for petitioning or applying to them fhould be releafed. The court, how- ever, continued to exercife jurifdiclion, ap- point officers, and execute the laws in thefd towns as they had done for twenty-five years, to the general fatisfadlion of the people who were united with them in principles and af- fedlion.
This affection was demonftrated by their
1669. ready concurrence with the propofal for a general collection, for the purpofe of erecting a new brick building* at Harvard college, the old wooden one being fmall and decay- ed. The town of Portfmouth, which was now become the richeft, made a fubfcription of fixty pounds per annum for feven years ; and after five years pafled a town vote to
harvard carry this engagement into effect. Dover
coi. Rec. gave thirty-two, and Exeter ten pounds for the fame laudable purpofe.
1671. The people of Portfmouth, having for fome time employed Jolhua Moody as a preacher among them, and erected a new meet- ing-houfe, proceeded to fettle him in regu- lar order. A church confiiling of nine breth-
Ports, chii. ren f was firft gathered ; then the general
Record*. court having been duly informed of it, and having fignified their approbation,- according to the eftabliihed practice, Moody was or- dained in the preience of Governor Leverett and feveral of the Magiftrates.
1674. The whole attention of the government in England being at this time taken up with
* This building was erected in 1 fi/2, and consumed by f re in 1 764. f " Joshua Moody, fianr.iel ITaync-f.
John Cutts, ' James Pendletnn,
Richard Cutts, Joan Fletcher,
Richard Martyn, John Tu !
EHas Stileman.
NEW-HAMPSHIRE. 99
things that more immediately concerned 1674* thernfelves, nothing of moment relating to Mafon's intereft was tranfafted. He became difcouraged, and joined with the heirs of Gorges in propofing an alienation of their refpedtive rights in the provinces of New- Hampihire and Maine to the Crown, to make a government for the Duke of Monmouth. The duke himfelf was greatly pleafed with cheme, as he Jiad been told that an an- nual revenue of five thoufand pounds or more might be collected from thefe provinc- es. But by the more faithful reprefenta- Hutch.
r> r r i 11 Collection
tions or iome perlons who were well ac- Ot rap?™, quainted with the country, he was induced 451* to lay afide the project. Many complaints were made againft the government of Maf- fachufetts ; and it was thought to be highly expedient that more fevere meafures fhould be ufed with them ; but the Dutch wars, and other foreign tranfactions, prevented any de- termination concerning them, till the coun- try was involved in all the horrors of a eral war with, the natives.
100 HISTORY
CHAP. V.
' * Indiar.9. — Tn i ::t-ral ivdr -\ci:h iLtm caiUd Philijftt war.
AT the time of the firft difcovery of the river Pafcataqtta by Captain Smith, it was found that the native inhabitants of thefe parts differed not in language, manners, nor government, from their eaftern or weftern neighbours. Though they were divided in- to- feveral tribds, each of which had a diftinct facherri, yet they all owned fubjection to a fm-ereign prince, called Bafhaba, whofe refi- was fomewhere about Pemaquid. It- found thai: tl:;. '"* arrateens, who d farther eaftward, had invaded liis coun- try, furprized and flairl him, and all the peo- ple in his neighbourhood, and carried oft his women, leaving no traces of his authority. Updn which the fubordinate fachems, hav- ing no head to unite them, and each one ftriving for the pre-eminence, made war among themfelves ; whereby many of their people, and much of their provifion were deftroyed. When Sir Richard Hawkins vifited the coaft in 1615, this war was at it height ; and to this fuc- ceeded a peftilence, which carried them off in fuch dumbers that the living were not able to bury the dead ; but their bones re- mained at the places of their habitations for feveral years. During this peftilence, Rich- ard Vines and feveral others, whom Sir Fer- dinando Gorges had hired, at a great ex- pence, to tarry in the country through the winter, lived among them and lodged in their
NEW-HAMPSHIRE. 101
cabbina, without receiving the leaft injury iji their htalth, " not fo much as feeling their u heads to ache the whole time." By iuch fingular means did divine providence prepare the way for the peaceable entrance of the Europeans into this land.
When the firft fettlements were made, the remains of two tribes had their habitations on the feveral branches of the river Pafcata- qua ; one of their fachems lived at the falls of Squarnfcot, and the other at thofe of Ne- wichwannock ; their head quarters being generally feated in places convenient for fifli-* ing. Both thefe, together with feveral inland tribes, who relided at Pantucket and Winni- pifeogee, acknowledged fubjedlion to Paffaco- naway the great fagamore of Pannukog, or (as it is commonly pronounced) Penacook. He excelled the other fachems in fagacity, duplicity and moderation ; but his principal qualification was his ikill in fome of the fe- cret operations of nature, which gave him the reputation of a forcerer, and extended his fame and influence among all the neigh- bouring tribes. They believed that it was in his power to make water burn, and trees dance, & to metamorphofe himfelf into flame ; Jl that in winter he could raife a green leaf voi.'i.F. from the afhes of a dry one, and a living fer- 474t pent from the {kin of one that was dead.
An Englilh gentleman who had been much converfant among the Indians was in- vited, in 1660, to a great dance and feaft ; .on which occafion the elderly men, in fongs or fpeeches recite their hiftories, and deliver their featiments, and advice, to the younger. At this folemnity Pafiaconaway, being grown
102 HISTORY OF
old, made his farewell fpeech to his children and people ; in which, as a dying man, he warned them to take heed how they quarrel- led with their Engliih neighbours ; for though they might do them foine damage, yet it would prove the means of their own deftrudlion. He told them that he had been a bitter enemy to the Englifh, and by the arts of forcery had tried his utmofh to hinder their fettlement and increafe ; but could by no means fucceed. This caution perhaps often repeated, had fuch an effe6t, that upon the breaking out of the Indian war fifteen tinted*1 's 7ears afterward, Wonolanfet, his fon and fuc- Narrative. ceffor, withdrew himfelf and his people into L fbme remote place, that they might not be drawn into the quarrel.
While the Britifti nations had been dif- trailed with internal convulsions, and had endured the horrors of a civil war, produc- ed by the fame caufes which forced the plan- ters of New England to quit the land of their nativity ; this wildernels had been to them a quiet habitation. They had ftruggled ;i many hardihips ; but providence had fmiled upon their undertaking, their fettle- ments were extended and their churches multiplied. There had been no remarkable quarrel with the favages, except the fhort war with the Pequods, who dwelt in thq fouth-eaft part of Connecticut : They being totally fubdued in 1637, the dread and ter- ror of the Englifh kept the other iiationvS quiet for near forty years. During which time the New-England colonies being con-^ federated for their mutual defence, and for maintaining the public peace, took great
NEW-HAMPSHIRE.
103
pains to propagate the gofpel among the na- tives, and bring them to a civilized way of living, which, with refpect to fome, proved effectual ; others refufed to receive the mif- fioiiaries, and remained obftinately prejudic- ed againft the Englifh. Yet the object of their hatred was at the fame time the object of their fear ; which led them to forbear acts of hoftility, and to preferve an outward ftiew of friendfhip, to their mutual intereft. Our hiftorians have generally reprefented the Indians in a mofl odious light, efpecially when recounting the effects of their feroci- ty. Dogs, caitiffs, mifcreants and hell-hounds, are the politeft names which have been given them by fome writers, who feem to be in a pailion at the mentioning their cruelties, and at other times fpeak of them with contempt. and .
. * Mather's
Whatever indulgence may be allowed to thole who wrote in times when the mind \v;is vexed with their recent depredations and inhumanities, it ill becomes us to cherifh an inveterate hatred of the unhappy natives. Religion teaches us a better temper, and pro- vidence has now put an end to the contro- verfy, by their almoft total extirpation. We ihould therefore proceed with calmnefs in recollecting their paft injuries, and forming our judgment of their character.
It muft be acknowledged that human de- pravity appeared in thefe unhappy creatures in a moft {hocking view. The principles of education and the refinements of civilized life cither lay a check upon our vicious propen- fities, or difguife our crimes ; but among them human wickednefs was feen in its nak- €cl deformity. Yet, bad as tjbev- were, it will
104 HISTORY OF
be difficult to find them guilty of any crifn^ which cannot be paralleled among civilized nations.
They are always defcribed as remarkably cruel ; and it cannot be denied that this dif- pofition indulged to the greateft excefs, ftrongly marks their character. We are ftruck with horror, when we hear of their binding the victim to the flake, biting off his nails, tearing out his hair by the roots, pul- ling out his tongue, boring out his eyes, flicking his fkin full of lighted pitch-wood* half roafting him at the fire, and then mak- ing him run for their diverfion, till he faints and dies under the blows which they give him 011 every part of his body. But is it nofc as dreadful to read of an unhappy wretch, fewed up in a fack full of ferpents' and thrown into the fea, or broiled in a red hot iron chair j or mangled by lions and tygers after having fpent his flrength to combat them for the diverfion of the fpe&ators in an amphitheatre ? and yet thefe wrere pun- ifhments among the Romans in the politefl ages of the empire. What greater cruelty is there in the American tortures, than in con- fining a man in a trough, and daubing him with honey that he may be flung to death by wafps and other venomous infedls ; or flea- ing him alive and ftretching out his fkin be- fore his eyes, which modes of punifhmeiit were not inconfiflent with the foftnefs and elegance of the ancient court of Perfia ? or, to come down to modern times ; what great- er mifery can there be in the Indian execu- tions, than in racking a1 prifoner on a wheel, and breaking his bones one by one with at*
NEW-HAMPSHIRE. 105
iron bar ; or placing his legs in a boot and driving in wedges one after another ; which tortures are ftill, or have till lately been ufed in fome European kingdoms ? I forbear to name the torments of the inquifition, be- caufe they feem to be beyond the ftretch of human invention. If civilized nations, and thofe who profefs the mofl merciful religion that ever bleffed the world, have pradlifed thefe cruelties, what could be expected of men who were ftrangers to every degree of refinement either civil or mental ?
The Indians have been reprefented as re- vengcfuL When any perfon was killed, the nearefl relative thought himfelf bound to be the avenger of blood, and never left feeking, till he found an opportunity to execute his purpofe. Whether in a ftate, where govern- Number* ment is confefledly fo feeble as among them, 19, fuch a conduft is not juftifiable, and even countenanced by the Jewifh law may deferve v. 12. our confideration.
The treachery with which thefe people are juftly charged, is exadtly the fame difpofition which operates in the breach of folemn trea- ties made between nations which call them- felves chriftian. Can it be more criminal in an Indian, than in an European, not to think himfelf bound by promifes and oaths extort- ed from him when under durefs ?
Their jealoufy and haired of their Englifli neighbours may eafily be accounted for, if we allow them to have the fame feelings with ourfelves. How natural is it for us to form a difagreeable idea of a whole nation, from the bad conduct of fome individuals with
whom we are acquainted ? and though others o
106. HISTORY OF
of them may be of a different character, yet will not that prudence which is efteemed a virtue, lead us to fufpedl the faireft appear- ances, as ufed to cover the moft fraudulent defigns, efpecially if pains are taken by the moft politic among us, to foment fuch jeal- Gufies to fubferve their own ambitious pur- pofes ?
Though the greater part of the English fettlers came hither with religious views, and fairly purchafed their lands of the Indians, yet it cannot be denied that fome, efpecially in the eaftern parts of New-England, had lu- crative views only ; and from the beginning ufed fraudulent methods in trade with them. Such things were indeed difallowed by the government, and would always have been punifhed if the Indians had made com- plaint : but they knew only the law of re- taliation, and when an injury was received, it was never forgotten till revenged. En- croachments made on their lands, and fraud committed in trade, afforded fufficient grounds for a quarrel, though at ever fo great a length of time ; arul kept alive a per- petual jealoufy of theJike treatment again*. 1675. Such was the temper of the Indians of New-England when the firft general war be- gan. It was thought by the Englifh in that day, that Philip, fachem of the Wompanoags, a crafty and afpiring man, partly by intrigue, and partly by example, excited them to fuch
* Mons. du Pratz gives nearly the same account of the Indians on the Missisippi. " There needs nothing1 but prudence and good sense to per- * suade these people to what is reasonable, and to preserve their friendship " without interruption. We may safely affirm, that the differences we have " had with them have been more owing to the French than to them. When "• they are treated insolently, or oppressively, they have no less sensibility of " injuries than others." History of Ixniisiana, lib. 4. cap. 3
NEW-HAMPSHIRE. 107
a general combination. He was the fon of 1675* MaiTaflbiet, the neareft fachem to the colony of Plymouth, with whom he had concluded a peace, which he maintained more through fear than good will, as long as he lived. His fon and immediate fucceflbr Alexander, pre- ferved the fame external fhew of friendfhip ; but died with choler on being detected in a plot againft them. Philip, itisfaid,diflembled his hoitile purpofes ; he was ready, on every fufpicion of his infidelity, to renew his fub- miffion, and teftify it even by the delivery of his arms, till he had fecretly infufed a cruel jealoufy into many of the neighbour- ing Indians ; which excited them to attempt the recovering their country by extirpating the new pofleffors. The plot, it is faid, was difcovered before it was ripe for execution ; and as he could no longer promife himfelf fecurity under the mafk of friendfhip, he was conftrained to Ihew himfelf in his true char- adler, and accordingly began hoftilities upon the plantation of Swanzy, in the colony of Plymouth, in the month of June 1675.
Notwithftanding this general opinion, it may admit of fome doubt, whether a fingle fachem, wjiofe authority was limited, could have fuch an extenfive influence over tribes fo remote and unconnected with him as the eaftern Indians ; much more improbable is It, that thofe in Virginia fhould have joined in the confederacy, as it hath been intimated. The Indians never travelled to any greater Nam^8 diftance than their hunting required ; and page 12. ' fo ignorant were they of the geography of their country, that they imagined New-Eng- Hist.SN.E land to be an iiland, and could tell the name V
1Q£ HISTORY OF
1675. of an inlet or ftreight by which they flip- pofed it was feparated from the main land. But what renders it more improbable that Philip was fo aftive an inftrument in excit-^ ing this war, is the conftant tradition among the pofterity of thofe people who lived near him, and were familiarly converfant with him, and with thofe of his Indians who fur- vivqd the war : which is, that he was forced on by the fury of his young men, forely againft his own judgment and that of his chief counfellors ; and that as he forefaw that the Englifh would, in time, eftablifh themfelves and extirpate the Indians, fo he thought that the making war upon them would only haften the dcftruftion of his own people. It was always a very common, and fometimes a juft excufe with the Indians, when charged with breach of faith, that the old men were not able to reftrain the younger from fignalizing their valour, and gratifying their revenge, though they difap- proved their raflinefs. This want of reftraint was owing to the weaknefs of their govern- ment ; their fachems having but the ihadow of magiftratical authority.
The inhabitants of Briftol fliew a particu- ^Pot where Philip received the news of the fir ft Englifhmeii that were killed, with fo much forrow as to caiife him to \veer ; a few days before which he had refcuecl one who had been taken by his Indians, and privately lent him home. Whatever credit may be given to this account, fo different from the current opinion, it mult be owned, that in iuch a feafon of general confufion as the firft r occafioned? fear and jealoufy might
NEW-HAMPSHIRE. 109
create many fufpicions, which would fbqn 1675i be formed into reports of a general confede- racy, through Philip's contrivance ; and it is to be noted that the principal hiftories of this war, [Increafe Mather's and Jiubbard's] were printed in 1676 and 1677, when the ftrangefl reports were eafily credited, and the people were ready to believe every thing that was bad of fo formidable a neighbour ILS Philip. But as the faft cannot now be precifely afcertained, I lhall detain the reader no longer from the real caufes of the war in thefe eaftern. parts.
There dwelled near the river Saco a fa- chem named Squando, a noted eiithufiaft, a leader in the devotions of their religion, and one tiiac pretended to a familiar intercourfe with the invilible world. Thefe qualifica- tions rendered him a perfon of the higheft dignity, importance and influence among all the eaftern Indians. His fquaw pafllng a- long the river in a canoe, with her infant child, was met by fome rude failors, who ha- ving heard that the Indian children could fwim as naturally as the young of the brutal kind, in a thoughtlefs and unguarded hu- mour overfet the canoe. The child funk, and the mother inftantly diving fetched it up alive, but the child dying foon after, its death was imputed to the treatment it had received from the feamen ; and Squando was fo provoked that he conceived a bitter antipathy to the Engllfti, and employed his great art and influence to excite the Indians againft them. Some other injuries were al-
ijj i > i i i
ledged as the ground or the quarrel ; and, Lib. 7, P; confidering the interefted views and irregu- 55'
HISTORY OF
1675. gular lives of many of the eaflern fettlers, their diftance from the feat of government, and the want of due fubordination among them, it is not improbable that a great part of the blame of the eaftern war belonged to them.
The firft alarm of the war in Plymouth colony fpread great confternation among the diftant Indians, and held them a while in fufpence what part to aft ; for there had been a long external friendfhip fubfifting between them and the Engliih, and they were afraid of provoking fo powerful neigh- bours. But the feeds of jealoufy and hatred had been fo effectually fown, that the crafty and revengeful, and thofe who were ambi- tious of doing foine exploits, foon found means to urge them on to an open rupture ; fo that within twenty days after Philip had begun the war at the fouthward, the flame
Hubbard, broke out in the moft northeafterly part of the country, at the diftance of two hundred miles.
The Engliih inhabitants about the river Kennebeck, hearing of the infurre<5lion in Plymouth colony, determined to make trial of the fidelity of their Indian neighbours, by requefting them to deliver their arms. They made a {hew of compliance ; but in doing it, committed an a6l of violence on a French- man, who lived in an Englifh family ; which being judged an offence, both by the Eng- lifh and the elder Indians, the offender was feized ; but upon a promiie, with fecurity, for his future good behaviour, his life was ipared, and fome of them consented to re,-
^JEW-HAMPSHIRE. Ill
ifiairi as hoftages ; who foon made their 1675. efcape, and joined with their fellows in rob- bing the houfe of Purchas, an ancient plan- ter at Pechypfoot.
The quarrel being thus begun, and their natural hatred of the Englifh, and jealoufy of their defigns, having rifen to a great height under the malignant influence of Squando and other leading men ; and being encourag- ed by the example of the weftern Indians, who were daily making depredations on the colonies of Plymouth, and Maflachufetts ; they took every opportunity to rob and mur- der the people in the fcattered fettlements of the province of Maine ; and having difperf- ed themfelves into many fmall parties, that they might be the more extenfively mif- chievous, in the month of September they approached the plantations at Pafcataqua, and made their firft onfet at Oyfter river then a part of the town of Dover, but now Durham. Here they burned two houfes belonging to Hnbbarf two perfons named Chefley, killed two men page 10. in a canoe, and carried away two captives ; both of whom foon after made their efcape. About the fame time a party of four laid in ambufh near the road, between Exeter and Hampton, where they killed one, and took another, who made his efcape. Within a few days an aflault was made on the houfe of one Tozer at Newichwarmock, wherein were fifteen women and children, all of whom, except two, were faved by the intre- pidity of a girl of eighteen. She firft feeing the Indians as they advanced to the houfe, . flint the door and flood againft it, till the others efeaped to the next houfe, which' was
HISTORY OF
1675. better ieCured. The Indians chopped the door to pieces with their hatchets, and then entering, they knocked her down, and leav- ing her for dead, went in purfuit of the others, of whom, two children, who could not get aver the fence, fell into their hands. The adventurous heroine recovered, and was perfectly healed of her wound.
The two following days they made feveral appearances on both fides of the river, ufmg much infolence, and burning two houfes and three barns, with a large quantity of grain. Some ihot were exchanged without effeft, and a purfuit was made after them into the woods by eight men, but night obliged them to re- turn without fuccefs. Five or fix houfes were burned at Oyfter river, and two more men killed. Thefe daily infults could not be borne without indignation and reprifal. About twenty young men, chiefly of Dover, obtained leave of Major Waldron, then com- mander of the militia, to try their Ikill and courage with the Indians in their own way. Having fcattered themfelves in the woods, a fmall party of them difcovered five Indians in a field near a deferted houfe, fome of whom were gathering corn, and others kind- ling a fire to roaft it. The men were at fuch a diftance from their fellows that they could make no fignal to them without danger of a difcovery ; two of them, therefore, crept along filently, near to the houfe, from whence they fuddenly rumed upon thofe two Indians, who were bufy at the fire, and knocked them down with the butts of their guns ; the irther three took the alarm and efcaped.
NEW-HAMPSHIRE.
All the plantations at Pafcataqua, with the KJ75* whole eaflern country, were now filled with fear and confufion : Bufinefs was fufpended, and every man was obliged to provide for his own and his family's fafety. The only way was to defert their habitations, and re- tire together within the larger and more con- venient houfes, which they fortified with a timber wall and flankarts, placing a centry- box on the roof. Thus the labour of the field was exchanged for the duty of the gar- rifon, and they who had long lived in peace and fecurity were upon their guard night and day, fubjecl to continual alarms, and the moft fearful apprehenfions.
The feventh of October was obferved as a day of fafting and prayer ; and on the fix- teenth the enemy made an aflault upon the inhabitants at Salmon-falls, in Berwick. Lieutenant Roger Plaifted, being a man of true courage and of a public fpirit, immedi- ately fent out a party of feven from his gar- rifon to make difcovery. They fell into an ambufh ; three were killed, and the reft re- treated. The Lieutenant then difpatched an exprefs to Major Waldron and Lieutenant Coffin at Cochecho, begging moft importu- nately for help, which they were in no ca- pacity to afford, confiftently with their own fafety. The next day Plaifted ventured out with twenty men, and a cart to fetch the dead bodies of their friends, and unhappily fell into another ambufh. The cattle affrighted ran back, and Plaifted being deferted by his men, and difdaining either to yield or fly; was killed on the fpot, with his eldeft fbn and one mpre ; his other fon died of his
114 HISTORY OF
1675. wound in a few weeks. Had the heroifm of this worthy family been imitated by the reft of the party, and a reinforcement arriv- ed in feafon, the enemy might have received fuch a fevere check as would have prevented them from appearing in fmall parties. The gallant behaviour of Plaifted, though fatal to himfelf and his fons, had this good effedl, Bubbard, that the enemy retreated to the woods ; and P. 24. the next day Captain Froft came up with a party from Sturgeon creek, and peaceably buried the dead : But before the month had expired a mill was burned there, and an af- fault made on Froft's garrifon, who though he had only three boys with him, kept up a conftant fire, and called aloud as if he were commanding a body of men, to march here and fire there : the ftratagem fucceeded, and the houfe was faved. The enemy then pro- ceeded down the river, killing and plunder- ing as they found people off their guard, till they came oppofite to Portfmouth ; from whence fome cannon being fired they dif- perfed, and were purfued by the help of a light fnow which fell in the night, and were overtaken by the fide of a fwamp, into which they threw themfelves, leaving their packs and pkinder to the purfuers. They foon af- ter did more mifchief at Dover, Lamprey river and Exeter ; and with thefe fmall, but irritating aflaults and fkirmiilies, the autumn was fpent until the end of November ; when the number of people killed and taken from Kennebeck to Pafcataqua amounted to up- wards of fifty.
The Maffachufetts government being ful- ly employed in defending the fouthern and
I NEW-HAMPSHIRE. 115
\veftern parts, could not feafonably fend fuc- 1675/ cours to the eaftward. Major General Deni- fon, who commanded the militia of the colo- ny, had ordered the majors who commanded the regiments on this fide of the country, to draw out a fufficient number of men to re- duce the enemy, by attacking them at their retreat to their head-quarters at Oflapy and Pigwacket. But the winter fetting in early and fiercely, and the men being unprovided with rackets to travel on the fnow, which by the tenth of December was four feet deep in the woods, it was impoflible to execute the defign. This peculiar feverity of the feafon however proved favourable. The Indians were pinched with famine, and having loft by their own confeffion about ninety of their number, partly by the war, and partly for want of food, they were reduced to the neceility of fuing for peace. With this view they came to Major Waldron, exprefling great forrow for what had been done, and promifing to be quiet and fubmiflive. By his mediation a peace was concluded with the whole body of eaftern Indians, which continued till the next Auguft ; and might have continued longer, if the inhabitants of the eaflem parts had not been too intent on private gain, and of a difpofition too ungovr ernable to be a barrier againft an enemy fo irritable and vindictive. The reftoration of the captives made the peace more pleafant : A return from the dead could not be more welcome than a deliverance from Indian cap- tivity.
The war at the fouthward, though renew- ed in the fpring, drew toward a clofe. Philip's
116 HISTORY OF
1676. affairs were defperate ; many of his allies and dependents forfook him ; and in the church's month of Auguft he was ilain by a party Memoirs, undet" Captain Church. Thofe weftern In dians who had been engaged in the war, now fearing a total extirpation, endeavoured to conceal themfelves among their brethren of Penacook who had not joined in the war, and with thofe of Offapy and Pigwacket who had made peace. But they could not fo dif- guife themfelves or their behaviour as to efcape the difcernment of thofe who had been converfant with Indians. Several of them wer6 taken at different times and de- livered up to public execution. Three of them, Simon, Andrew and Peter, who had been concerned in killing Thomas' Kimbal of Bradford, and captivating his family, did, within fix weeks voluntarily reftore the woman and five children. It being doubted whether this acl of fubmiffion was a fufficient atonement for the murder, they were com- mitted to Dover prifon till their cafe could be confidered. Fearing that this confine- ment was a prelude to farther puniilunent, they broke out of prifon, and going to the eaftward, joined with the Indians of Kenne- beck and Amorifcogin in thofe depredations which they renewed on the inhabitants of thofe parts, in Auguft, and were afterward a^live in diilreffing the people of Pafcataqua. This renewal of hoftilitics occafioned the fending of two companies to the ea ft ward under Captain Jofeph Syll, and Captain Wil- liam Hawthorne, In the courfe of their march they came to Cochecho, on the fixth of September, where four hundred mixed
NEW-HAMPSHIRE. 117
Indians were met at the houfe of Major 1676. Waldron, with whom they had made the peace, and whom they confidered as their friend and father. The two captains would have fallen upon them at once, having it in their orders to feize all Indians, who had been concerned in the war. The major di£- fuaded them from that purpofe, and contriv- ed the following flratagem. He propofed to the Indians, to have a training the next day, and a fliam fight after the Englifh mode ; and fummoning his own men, with thofe under Capt. Froft of Kittery, they, in conjunction with the two companies, formed one party, and the Indians another. Having diverted them a while in this manner, and cauled the Indians to fire the firft volley ; by a peculiar dexterity, the whole body of them (except two or three) were furrounded, before they could form a fufpicion of what was intended. They were immediately feiz- ed and difarmed, without the lofs of a man on either fide. A feparation was then made : Wonolaiifet, with the Penacook Indians, and others whd had joined in making peace the winter before, were peaceably difmiffed ; v but the ftrange Indians, (as they were called) who had fled from the fouthward and taken refuge among them, were made prifoners, to the number of two hundred ; and being fent to Bofton, feven or eight of them, who were known to have killed any Englishmen, were condemned and hanged ; the reft were fold into flavery in foreign parts.
This action was highly applauded by the general voice of th^e colony ; as it gave them opportunity to deal with their enemies
118 HISTORY OF
1676. in a judicial way, as rebels, and, as they imagined^ to extirpate thofe troublefome neighbours. The remaining Indians, how- ever, looked upon the condud; of Major Waldron as a breach of faith ; inafmuch as they had taken thofe fugitive Indians under their protection, and had made peace with him, which had been flridtly obferved with regard to him and his neighbours, though it had been broken elfewhere. The Indians had no idea of the fame government being extended very far, and thought they might make peace in one place, and war in anoth-f er, without any imputation of infidelity ; but a breach of hofpitality and friendfhip, as they deemed this to be, merited, according to their principles, a fevere revenge, and was never to be forgotten or forgiven. The major's fituation on this occafion was indeed extremely critical ; and he could not have adled either way without blame. It is. faid that his own judgment was againft any forcible meafure, as he knew that many of thofe Indians were true friends to the colo- ny ; and that in cafe of failure he fhould ex- pofe the country to their refentment ; but had he not affifted the forces in the execu- tion of their caimniflion, (which was to feize all Indians who had been concerned with Philip in the war) he muft have fallen under cenfure, and been deemed acceflary, by his negledt, to the mifchiefs which might after-r ward have been perpetrated by them. In this dilemma he finally determined to com- ply vr ith the orders and expectations of gov- ernment ; imagining that he fhould be able tofatisfy thofe of the Indians whom he in-
NEW-HAMPSHIRE. 119
tended to difmifs, and that the others would 1676, be removed out of the way of doing any fur- ther mifchief ; but he had no fufpicion that he was laying a ihare for his own life. It was unhappy for him, that he was obliged in deference to the laws of his country, and the orders of government, to give offence to a people who, having no public judicatories and penal laws among themfelves, were una- ble to diftinguifh between a legal punifhment and private malice*.
Two days after this furprifal, the forces proceeded on their route to the eaflward, being joined with fome of Waldron's and Froft's men ; and taking with them Blind Will, a fagamore of the Indians who lived about Gochecho, and eight of his people for pilots. The eaftern fettlements were all ei- ther deftroyed or deferted, and no enemy was to be feen ; fo that the expedition proved fruitlefs, and the companies returned to Paf- cataqua.
It was then thought advifeable, that they fhould march up toward the Oflapy ponds ; where the Indians had a ftrong fort of tim- ber fourteen feet high, with flankarts ; which they had a few years before hired fome Eng- lifti carpenters to build for them, as a de- fence againft the Mohawks, of whom they were always afraid. It was thought that if the Indians could be furprized on their firft return to their head-quarters, at the begin-
* The above account of the seizure of the Indians is given from the most authentic and credible tradition that could be obtained within the last sixteen years, from the posterity of those persons who were conoerned in the affair. It is but just mentioned by Hubbard and Mather, and not in connexion with its consequences. Neal, for want of better information, has given a wrong turn to the relation, and so has Wynne who copifs from him. Hutchtnson. hae not mentioned it at al1.
120 HISTORY OF
1676. ning of winter, fome confiderable advantage might be gained againft them ; or if they had not arrived there, that the provifions, which they had laid in for their winter fubfiftence, might be deftroyed. Accordingly, the com- panies being well provided for a march at that feafon, fet off on the firft of November ; ai}d after travelling four days through a rug- ged, mountainous wildernefs, and eroding feveral rivers, they arrived at the fpot ; but found the fort and adjacent places entirely deferted, and faw not an Indian in all the way. Thinking it needlefs for the whole body to go further, the weather being fevere, and the fnow deep, a felecl party was detached eighteen or twenty miles above ; who difcov- ered nothing but frozen ponds, and fhowy mountains ; and fuppofing the Indians had taken up their winter quarters nearer the fea, they returned to Newichwannock, with- in nine days from their firft departure.
They had been prompted to undertake this expedition by the falfe accounts brought by Mogg, an Indian of Penobfcot, who had come in to Pafcataqua, with a propofal of peace ; and had reported that an hundred In- dians were aflembled at OfTapy. This Indian brought with him two men of Portfmouth, Fryer and Kendal, who had been taken on board a veilel at the eaftward ; he was de- puted by the Penobfcot tribe to confent to articles of pacification ; and being fent to Bofton, a treaty was drawn and fubfcribed by the governor and magiftrates on the one part, and by Mogg on the other ; in which it was ftipulated, that ff the Indians of the other tribes did not agree to this tranfaction,
NEW-1-IAMPSHIRB. 121
&rid ceafe hoftilities, they ftiould be deemed 1676. and treated as enemies by both parties. This treaty was figned on the fixth of November ; Mog^ pledging his life for the fulfilment of it. Accordingly, veffels being fent to Pe- nobfcot, the peace was ratified by Madoka- wando the fachem, and two captives were re- ftored. But Mogg, being incautioufly per- mitted to go to a neighbouring tribe, on pre- tence of perfuading them, to deliver dieir captives, though he promifed to return in three days, was feen no more. It was at firfl thought that he had been facrificed by his countrymen, as he pretended to fear when he left the veflels ; but a captive who efcaped in January gave a different account of him ; 1677* that he boafted of having deceived the Eng- lilh, and laughed at their kind entertainment of him. There was alfo a defign talked of among them to break the peace in the fpring, and join with the other Indians at the eafl- ward in ruining the fifhery. About the fame time it was difcovered that fome of the Narr- haganfet Indians were fcattered in the eaft- ern parts ; three of them having been decoy- ed by fome of the Cochecho Indians into their wigwams, and fcalped, were known by the cut of their hair. This raifed a fear in the minds of the people, that more of them might have found their way to the eaftward, and would profecute their revenge againft them.
From thefe circumftances it was fufpected, that the truce would be but of fhort continu- ance. The treachery of Mogg, who was fure- ty for the performance of the treaty, was deemed a full juftification of the renewal of Q
122 HISTORY OF
1677. hoftilities ; and the ftate of things was, by fpme gentlemen of Pafcataqua, reprefented to be fo dangerous, that the government de- termined tipon a winter expedition. Two hundred men, including fixty Natick Indians, were enlifled and equipped, and failed from Bofton the firft week in February, under the command of Major Waldron ; a day of prayer having been previoufly appointed for the fuccefs of the enterprize.
At Cafco the major had afruitlefs confer- enqe, and a flight fkirmifh with a few Indians, of whom fome were killed and wounded. At Kennebeck he built a fort, and left a gar- rifon of forty men, under the command of Captain Sylvanus Davis. At Pemaquid he had a conference with a company of Indians, who promifed to deliver their captives on the payment of a ranfom : Part of it being paid, three captives were delivered, and it was agreed that the conference mould be ren^w- qd in the afternoon, and all arms be laid afide. Some fufpicion of their infidelity had arifen, and when the major went aihore in the af- ternoon with five men, and the remainder of the ranfom, he difcovered the point of a lance hid under a board, which he drew out and advanced with it toward them ; charg- ing them with treachery in concealing their arms fo near. They attempted to take it from him by force ; but he threatened them with inftant death, and waved his cap for a fignal to the veflels. While the reft were coming on fliore, the major with his five men fecured the goods : Some of the Indians matching up a bundle of guns which they had hid, ran away : Captain Froft* who was
NEW-HAMPSHIRE.
one of the five, feized an Indian, who was 1677 well known to be a rogue, and with Lieuten- ant Nutter, carried him on board. The ma- jor fearching about found three guns, with which he armed his remaining three men ; and the reft being come on fhore by this time, they purfued the Indians, killed feveral of them before they could recover their canoes, and after they had puftied off, funk one with five men, who were drowned ; and took four prifoners, with about a thoufand pounds of dried beef, and fome other plunder. The whole number of the Indians was twenty- five.
Whether the cafual difcovery of their arms, which they had agreed to lay afide, was fuf- ficient to juftify this feverity, may be doubt- ed ; fince, if their intentions had really been hoftile, they had a fine opportunity of am- buftiing-or feizing the major and his five at- tendants, who came afhore unarmed ; and it ' is not likely that they would have waited for the reft to come afhore before they open- ed the plot. Poffibly, this fudden fufpicion might be groundlefs, and might inflame the prejudice againft the major, which had been already excited by the feizure of their friends at Cochecho fome time before.
On the return of the forces, they found fome wheat, guns, anchors and boards at Kennebeck, which they took with them. They killed two Indians on Arrowfick Ifland, who, with one of the prifoners taken at Pe- maqiiid, and fliot on board, made the num- ber of Indians killed in this expedition thirteen, They returned to Bofton on the ^leventh of March, without thelofs of a mans
124 HISTORY Of
1677. bringing with them the bones of Captain Lake, which they found entire in the place where he was killed*.
There being no prolpedl of peace at the eaftward, it became neceflary to maintain great circumfpeilion and refolution, and to inake ufe of every poffible advantage againft the enemy. A long and inveterate animofi- ty had fubfifted between the Mohawks and the eaftern Indians, the original of which is not mentioned, and perhaps was not known by any of our hiftorians ; nor can the oldeft men among the Mohawks at this day give any account of it. Thefe Indians were in a flate of friendmip with their Engliih neigh- bours ; and being a fierce and formidable 'race of men, their name carried terror where ever it was known. It was now thought, that if they could be induced to profecute their ancient quarrel with the eaftern Indi- ans, the latter might be awed into peace, or ineapaciated for any farther mifchief. The propriety of this meafure became a fubjecl of debate ; fqme queftioning the lawfulnefs of making ufe of their help, " as they were heathen ;" but it was urged in reply, that Abraham had entered into a confederacy with the Amorites, among whom he dwel- led, and made ufe of their affiftance in re- covering his kinfman Lot from the hands of their common enemy. With this argu- ment the objectors were fatisfied ; and two meflengerSj Major Pynchon of Springfield,
* Here ends Hubbard's printed Narrative. The account of the remainder of this war is taken from his MS history, from sundry original letters, and copies of letters, and from a MS journal found in Prince's collection, and, «\ippo£ed to have been written by Captain Lawrertr Ha-rriixjfid ctf Charier-
NEW-HAMPSHIRE. 125
arid Richards of Hartford were diipatched 1677. to the country of the Mohawks ; who treat- ed them with great civility, exprefled the moft bitter hatred againft the eaftern enemy, ^ and promifed to purfue the quarrel to the ry. lit mo ft of their power.
Accordingly fome parties of them came down the country about the middle of March, and the firft alarm was given at Amufkeeg falls ; where the fon of Wonolanfet being hunting, difcovered fifteen Indians on the other fide, who called to him in a language which he did not underftand ; upon which he fled, while they fired near thirty guns at him without effect. Prefently after this they were difcovered in the woods near Cochecho. Major Waldron fent out eight of his Indians whereof Blind Will was one, for farther in- formation. They were all furprized togeth- MS er by a company of the Mohawks ; two or JJ|; three efcaped, the others were either killed or taken : Will was dragged away by his hair ; and being wounded, perifhed in the woods, on a neck of land, formed by the con- fluence of Cochecho and Ifing-glafs rivers, which ftill bears the name of Blind Will's Neck. This fellow was judged to be a fecret enemy to the Englifli, though he pretended much friendfhip and refpedl ; fo that it was impoflible to have punifhed him, without provoking the other neighbouring Indians, with whom he lived in amity, and of whofe fidelity there was no fufpicion. It was at firft thought a fortunate circumftance that he was MS killed in this manner ; but the confequence proved it to be otherwife ; for two of thofe \yere taken with him efcaping, reported
126 HISTORY OF
1677. that the Mohawks threatened deftrudtion to MS Jour- a^ t^ie Indians m thefe parts without dif- «a. tin<5lion : So that thofe who lived in fubjec- tion to the Englifh grew jealous of their fin- eerity, and imagined, not without very plau> fible ground, that the Mohawks had been perfuaded or hired to engage in the war, on purpofe to deftroy them ; fince they never actually exercifed their fury upon thofe In- dians who were in hoftility with the Englifh^ but only upon thofe who were in friendfhip with them ; and this only in fuch a degree as to irritate, rather than to weaken or dif- trefs them. It cannot therefore be thought ftrange that the friendly Indians were alien- ated from their Englifh neighbours, and dif- pofed to livten to the feducing ftratagems of the French ; who in a few years after made life of them in conjunction with others, fore- ly to fcourge thefe unhappy people. The Englifh, in reality, had no fuch defign ; but the event proved, that the fcheme of engag- ing the Mohawks in our quarrel, however lawful in itfelf, and countenanced by the ex- ample of Abraham, was a pernicious fource of innumerable calamities.
The terror which it was thought this inr curfion of the Mohawks would flrike into the eailern Indians was too fmall to prevent their renewing hoflilities very early in the fpring. Some of the garrifon who had been left at Kennebeck were furprifed by an ambufh, as they were attempting to bury the dead bodies of their friends, who had been killed the summer before, and had lain under the fnow a|j ^-inter. The remainder of that garrifon were then taken off and conveyed to Pafcata-
NEW-HAMPSHIRE. 12f7
qua ; whither a company of fifty men and 1677. ten Natick Indians marched, under Captain Swaine, to fuccour the inhabitants, who were alarmed by fcattered parties of the enemy, killing and taking people, and burning houf- es in Wells, Kittery, and within the bounds of Portfmouth*. A young woman who was taken from Rawling's houfe, made her ef- cape and came into Cochecho, informing where the enemy lay : Three parties were APnla2s difpatched to ambufh three places, by one of which they muft pafs : 'The enemy appear- ing at one of thefe places, were feafonably difcovered ; but by the too great eagernefs of the party to fire on them, they avoided the ambufh and efcaped.
Soon after this the garrifons at Wells' and Ma lg Black Point were befet, and at the latter place the enemy loft their leader Mogg, who had proved fo treacherous a negotiator. Upon his death they fled in their canoes, fome to the eaftward and others toward York, where they alfo did fome mifchief. On a fabbath May 3,7, morning, a party of twenty, under the guid- ance of Simon, furprized fix of our Indians, who lay drunk in the woods, at a fmall dif- tance from Portfmouth ; they kept all day hovering about the town, and if they had taken advantage of the people's abfence from home, in attending the public worihip, they might eafily have plundered and burned the outmoft hpufes ; but they were providential- MS ly reftrained. At night they croffed the riv-
* The following extract from the before mentioned Journal, shews some- thing of the spirit of the times.
•• April 16. The house of John Keniston was burnt and he killed at '• Greenland. The Indians are Simon. Andrew and Peter, those three we tl hid in prison, at? 3 .--!io<:!d have ki'l.ed. The good Lord |>arc1oo us."
HISTORY OP
1677. er at the Long Reach, killed fome fheep at" Kittery, and then went toward Wells ; but, being afraid of the Mohawks, let their prif-
JuueU. T, '
oners go. rour men were loon after killed at North Hill, one of whom was Edward Colcott, whofe death was much regretted,
More mifchief being expected, and the eaftern fettlements needing affiftance, the government ordered two hundred Indians of Natick, with forty Englifh foldiers, under Captain Benjamin Swett of Hampton, and Lieutenant Richardson, to march to the falls of Taconick on Kennebeck river ; where it was faid the Indians had fix forts, well fur- ^ly nifhed with ammunition. The veiTels came to an anchor off Black Point ; where the cap- tain being informed that fome Indians had been feen, went on fliore with a party ; and being joined by fome of the inhabitants, fo as to make about ninety in all, marched to feek the enemy ; who fhewed themfelves on a plain in three parties. Swett divided his men accordingly, and went to meet them. The enemy retreated till they had drawn our people two miles from the fort, and then turning fuddenly and violently upon them, threw them into confufion, they being moft- ly young and unexperienced foldiers. Sweet, with a few of the more refolute, fought bravely on the retreat, till he came rfM^etter near the f°rt5 when he was killed ; fixty Gookin of more were left dead or wounded, and the
Hampton.
ages then furprized about twenty fifhing veffels, which put into the eaftern harbours by night ; the crews, not being apprehen- iive of danger on the water, fell an eafy prey
•NEW-HAMPSHIRE. 129
to them. Thus the fummer was fpent with 1677. terror and perplexity on our part ; while the Hubbard,s enemy rioted without control, till they had MS Hjst* fatiated their vengeance, and greatly reduced the eaftern fettlements.
At length, in the month of Auguft, Major Androffe, governor of New- York, fent a (loop with ibtne forces to take poileflion of the land which had been granted to the Duke of York, and build a fort at Pemaquid, to defend the country againft the encroach- ment of foreigners. Upon their arrival the Indians appeared friendly ; and in evidence of their pacific difpofition, reftored fifteen prifoners with the filhing veflels. They con- tinued quiet all the fucceeding autumn and winter, and lived in harmony with the new garrifon.
In the Spring, Major Shapleigh of Kittery, 1678. Captain Champernoon and Mr. Fryer of Portfmouth, were appointed commiffioners to fettle a formal treaty of peace with Squaii- MS. JourT do and the other chiefs, which was done at ™& * ** Cafco, whither they brought the remainder pf the captives. It was ftipulated in the treaty, that the inhabitants fhould return to their deferted fettlements, on condition of paying one peck of corn annually for each family, by way of acknowledgment to the Indians for the ppfleflion. of their lands, and one buftiel for Major Pendleton, who was a great proprietor. Thus an end was put to a tedious and diftreflmg war, which had fub- fliled three years. The terms of peace were disgraceful, but not unjuft, confidering the former irregular conduct of many of the eaftern fet tiers, and the native propriety of
R
13Q HISTORY OF
1678. the Indians in the foil : Certainly they were now matters of it ; and it was entirely at their option, whether the Englifh Ihould re- turn to their habitations or not. It was there- fore thought better to live peaceably, though in a fort of fubjecflion, than to leave fuch commodious fettlemeiits and forego the ad- vantages of trade and fifhery, which were ve- ry confiderable, and by which the inhabi- tants of that part of the country had chiefly fubfifted.
It was a matter of great enquiry and fpe- culation how the Indians were fupplied with arms and ammunition to carry on this war. The Dutch at New-York were too near the Mohawks for the eaftern Indians to adventure
page 82. thither. The French in Canada were too feeble, and too much in fear of the Engliih, to do any thing which might difturb the tranquility ; and there was peace between the two nations. It was therefore fuppofed that the Indians had long premeditated the war, and laid in a ftock beforehand. There had formerly been fevere penalties exacted by the government, on the felling of arms and ammunition to the Indians ; but ever iince 1657, licences had been granted to particu- lar perfons to fupply them occafionally for the purpofe of hunting, on paying an ac- knowledgment to the public treafury. This indulgence, having been much abufed by f°me °f ^e eaftern traders, who, far from
492. ' the feat of government, were impatient of the reftraint of law, was fuppofed to be the fource of the mifchief. But it was after- ward difcovered that the Baron de St. Caftine, a reduced French officer, who had married a
NEW-HAMPSHIRE. 181
daughter of Madokawando, and kept a trad- 1678. ing houfe at Penobfcot, where he confidered himfelf as independent, being out of the lim- its of any eftablifhed government, was the perfon from whom they had their fupplies ; which needed not to be very great as they always huibanded their ammunition with»bid»P*56* much care, and never expended it but when they were certain of doing execution.
The whole burden and expence of this war, on the part of the colonies, were borne by themfelves. It was indeed thought ftrange by their friends in England, and re- fented by thofe in power, that they made no application to the king for affiftance. It was intimated to them by Lord Anglefey * that ^^*j c his majefty was ready to aflift them with i.p.«o9v
* fhips, troops, ammunition or money, if they
* would but afk it ;' and their filence was eonftrued to their difadvantage, as if they were proud, and obftinate, and defired to be confidered as an independent ftate. They had indeed no inclination to afk favours from thence ; being well aware of the con- fequeace of laying themfelves under obliga- tions to thofe who had been feeking to un- dermine their eftabliihment ; and remember- ing how they had been neglecfled in the late Dutch wars, when they ftood in much great- er need of affiftance : The king had then
ferit ammunition to New- York, but had fent ^tchilL word to New-England, < that they mufl fhift P. 5oe.
* for themfelves and make the beft defence
* they could.' It was therefore highly inju- rious to blame them for not making ^applica- tion for help. But if they had not been fo ill treated, they could not be charged with
HISTORY OF
1678. difrefpedt, fince they really did not need foreign affiftance. Ships of war and regular troops muft have been altogether ufelefs ; and no one that knew the nature of an Indian war could be ferious in propofing to fend them. Ammunition and money were necef- fary, but as they had long enjoyed a free trade, and had coined the bullion which they imported, there was no fcarcity of money, not of any ftores which money could pur- chafe. The method of fighting with Indians could be learned only from themfelves : After a little experience, few men in fcatter- ed parties were of more fervice than the largeft and beft equipped armies which Eu- rope could have afforded. It ought ever to be remembered for the honor of New-Eng- land, that as their firft fettlement, fd their prefervation, increafe, and defence, even in their weakeft infancy were hot owing to any foreign affiftance, but under God, to their own magnanimity arid perfeverance.
Our gravefi hiftorians haVe recorded ma- ay omens, predictions , and other alarming circumftances, during this and the Pequod war, which in a more philofophieal and lefs credulous age woilld not be worthy of notice. V/heii men's minds were rendered gloomy by the horrors of a furrounding wilderaefs, and the continual apprehenfion of danger from its favage inhabitants ; when they were ignorant of the caufes of many of the com- mon appearances in nature, and were di£ pofed to refolve every umifual appearance into prodigy and miracle, it is not to be won- dered that they fhould imagine they heard the noife of drums and guns in the air, and
NEW-HAMPSHiRE. 133
law flaming fwords and fpears in the heav- 1678* ens, and ftiould even interpret eclipfes as ominous. Some old Indians had intimated their apprehenfions concerning the increafe of the Englifh, and the dimintion of their own people, which any rational obferver in a courfe of forty or fifty years might eafily have foretold, without the leaft pretence to a fpirit of prophecy ; yet thefe fayings were recollected, and recorded, as fo many pre- dictions by force of a fupernatural impulfe on their minds, and many perfons of the greateft diftindlion were difpofed to credit them as fuch. Thefe things would not have been mentioned, but to give a juft idea of the age : If mankind are now better en- lightened, fuperftition is the lefs excufeable in its remaining votaries.
134 HISTORY OF
CHAR VI.
ti efforts,— Randolph's nri*siun and h — Attempts for tht> trmi of Main's title. — New+Ha*nfl*Mre separated j'rwn Massachusetts^ and made a royal jir ovine e.~* ». Abstract of the commission.— vile marks on it.
1675* WHILE the country was labouring
under the perplexity and diftrefs arifing from the war, meafures were taking in England to increafe their difficulties and divide their at- tention* The fcheme of felling the provinces of New-Hampfhire and Maine to the crown being laid afide, Mafon again petitioned the king for the reftoration of his property ; and the king referred the matter to his Attorney General Sir William Jones, and his Solicitor General Sir Francis Wilmington, who re- ported that " John Mafon, efq. grandfather " to the petitioner, by virtue of feveral grants u from the council of New-England under " their common feal was inflated in fee in " fundry great tradls of land in New-Eng- " land, by the name of New-Hampfhire \
ia supSor " and that the petitioner being heir at law to
Court files. « the fad John ha(J a gQod an(J jegal tide t(J
1676 " ^a^ lancls»" Whereupon a letter was dif- patched to the MafTachufetts colony, requir- 10- ing them to lend over agents within fix months, fully empowered to anfwer the com- plaints, which Mafon and the heirs of Gorges had made, of their ufurping jurifdi<5tion over the territories claimed by them ; and to re- ceive the royal determination in that matter. Copies of the complaints were inclofed ; and Edward Randolph, a kinfman of Malbn, a
NEW-HAMPSHIRE. 135
man of great addrefs and penetration, refo- 1676. lute and indefatigable in bufinefs, was charg- ed with the letters, and directed by the Lords of Trade to make enquiry into the ftate of the country. When he arrived, he Junc l6' waited on Governor Leverett, who read the king's letter with the petitions of Mafon and Gorges in council, Randolph being prefent, Hutchm.
i i i i r i , ' col. pap. p,
who could obtain no other aniwer than that 504. " they would confider it."
He then came into New-Hampfhire, and Julr as he patted along, freely declared the bufi- nefs on which he was come, and publickly read a letter which Mafon had fent to the in- habitants. Some of them he found ready to complain of the government, and defirous of a change ; but the body of the people were highly enraged againft him ; and the inhab- itants of Dover in public town-meeting *pro-
* tefted againft the claim of Mafon ; declar-
* ed that they had bona fide purchafed their
* lands of the Indians ; recognized their sub-
* jedlion to the government of Maffachufetts.
* under whom they had lived long and hap-
* pily, and by whom they were now aflifted
* in defending their eftates and families a-
* gainfl the favage enemy.' They appointed Major Waldron " to petition the king in ** their behalf, that he would interpofe his " royal authority and afford them his wont- *' ed favor ; that they might not be difturb- " ed by Mafon, or any other perfon, but
" continue peaceably in poffeffion of their Dover Refl " rights under the government of Maffachu- ord«. " fetts." A fimilar petition was fent by the
. IT- r •»>, r ' i Portsmon,
jn habit ants ox rortlmouth, who appointed Record^ John Ctytts and Richard Martynvefqrs. Cap- Septl1
136 HISTORY OF
1676. tains Daniel and Stileman to draught and forward it.
When Randolph returned to Bofton, he had a fevere reproof from the governor, for publifhing his errand, and endeavouring to raife difcontent among the people. To which Hutchin. he made no other anfwer than that ' if he coi. pap. c had done amifs, they might complain to c the king.'
After about fix weeks flay, he went back to England and reported to the king, that " he had found the whole country complain- " ing of the ufurpatioii of the magiftrates of u Bofton ; earneftly hoping and expecting " that his majefty would not permit them " any longer to be opprefled ; but would " give them relief according to the promifes " of the commiflioners in 1665." With, the fame bitterness of temper, and in the fame drain of mifreprefentation, he inveighed a- gainft the government in a long report to the Lords of Trade ; which farther inflam- ed the prejudice that had long been conceiv- ed againft the colony, and prepared the way for the feparation which was meditated,
After his departure, a fpecial council being fummoned, at which the elders of the church- es were prefent, the queftion was propofed to them, " whether the beft way of making anf- " wer to the complaints of Gorges and Malbn " about the extent of their patent, be by fend- " ing agents, or by writing only ?" To which " they anfwered, " That it was moft expedi- " to fend agents, to anfwer by way of infor- " mation, provided they were inftrucicd with " much care and caution to negociate the af - "fair with fafety to the country, and loyalty
NEW-HAMPSHIRE. 187
«? to his majefty, in the prefervation of their 1676. " patent liberties." Accordingly William HutdrilK Stoughton, afterward lieutenant-governor, Hist. vol. and Pater Bulkley then fpeaker of the houfe l'p'* o/ deputies, were appointed agents and fail- ed for Fugland.
At didir arrival an hearing was ordered 1677. before che lords chief juiiices of the King's bench and common pleas : when the agents
r i i T /» i • i 11 • i Narrative
KJ name or the colony dilclaimed all title Of Alien's to t'ne' lands claimed by the petitioner, and Tltle' p' 5" to the jurifdicflioii beyond three miles north- ward of the river Merrimack, to follow the coiine of ^the river, fo far as it extended. Tiie judges reported to the king ' that they 4 could give no opinion as to the right of
* foil, in the privinces of New-Hampfhire ' and Maine, not having the proper parties
* before them ; it appearing that not the
* MafTachufetts colony, but the ter-tenants
* had the right of foil, and whole benefit
* thereof, and yet were not fummoned to de-
* fend their titles. As to Mafon's right of ' government within the foil he claimed, their 4 lordftiips, and indeed his own counfel, a-
* greed he -had none ; the great council of 4 Plymouth, under whom he claimed, having c no power to transfer government to any. It 4 was determined that the four towns of Portf-
4 mouth, Dover, Exeter and Hampton were si7 6 out of the bounds of MafTachufetts.' This report was accepted and confirmed by the king in council.
After this, at the requeft of the agents, Sir William Jones the attorney general drew up a complete ftate of the cafe to be tranfmitted SePt> 18>- to the colony ; by which it feems that h^
138 HISTORY OF
1679. had altered his opinion fince the report
Hutch, vol. wnicn he gave to the king in 1675, concern-
i. P. 317. ing the validity of Mafon's title. It was alfo
admitted that the title could be tried only on
the place, there being rfo court in England
that had cognizance of it.
It became neceffary then to the eftablifh- ment of Mafon's title, that a new jurifdi&iorx ihould be eredled, in which the king might dire6l the mode of trial and appeal at his pleafure : This being refolved upon, the colony of Maflachufetts was informed, by a July 24. letter from the fecretary of (late, of the king's intention to feparate New-Hampihire from their government, and required to revoke all commiflions which they had granted there, and which were hereby declared to be null and void. To prevent any extravagant de- mand, the king obliged the claimant to de- clare, under his hand and feal, that he would require no rents of the inhabitants for the time palled, before the twenty-fourth of June 1679, nor moled any in their pofTeflions for the time to come ; but would make out titles to them and their heirs forever, provided they would pay him lixpence in the pound, according to the yearly value of all houfes which they had built and lands which they had improved.
Things being thus prepared, a commiflion pafled the great feal on the eighteenth of September for the government of New- Hampshire ; which * inhibits and reftrains
* the jurifdidlion exercifed by the colony of
* Maffachufetts over the towns of Portfmouth, ' Dover, Exeter and Hampton, and all other c lands extending from three miles to the
NEW-HAMPSHIRE. 139
* northward of the river Merrimack and of 1678.
* any and every part thereof, to the province
* of Maine ; conftitutes a prefident and coun- 4 cil to govern the province ; appoints John 4 Cutts, efq. prefident, to continue one year 4 and till another be appointed by the fame
* authority ; Richard Martyn, William
* Vaughan, and Thomas Daniel of Portfmouth,
* John Oilman of Exeter, Ghriftopher Huf-
* fey of Hampton and Richard Waldron of 4 Dover, efqiiires, to be of the council, who
* were authorifed to choofe three other quali-
* fied perfons out of the feveral parts of the 4 province to be added to them. The faid pre-
* fident and every fucceeding one to appoint ' a deputy to prefide in his abfence ; the pre-
* fident or his deputy with any five to be a 4 quorum. They were to meet at Portfmouth 4 in twenty days after the arrival of the com- 4 miflion and publifh it. They were confti- 4 tuted a court of record for the adminiftra- 4 tion of juftice, according to the laws of 4 England, fo far as circumflances would per- 4 mit ; referving a right of appeal to the 4 king in council for adlions of fifty pounds 4 value. They were empowered to appoint 4 military officers, and take all needful meaC- 4 ures for defence agamft enemies. Liberty 4 of confcience was allowed to all proteftants, 4 thofe of the church of England to be par-
* ticularly encouraged. For the fupport of
* government they were to continue the pre- 4 fent taxes, till an afTembly could be called ; 4 to which end they were within . three
* months to iffue writs under the province 4 feal, for calling an affembly, to whom the 4 prefident (hould r<?commen<J the pafling
140 HISTORY Otf
1679* * filch laws as fliould eftablifh their allegi-
* ance, good order and defence, and the raii-
* ing taxes in fuch manner and proportion as
* they fliould fee fit. All laws to be approv-
* ed by the prefident and council, and then
* to remain in force till the king's pleaf-
* ure fhould be known, for which purpofe
* they fhould be fent to England by the firft 4 fhips. In cafe of the prefident's death, his 4 deputy to fucceed, and on the death of a 4 counfellor, the remainder to elect another, 4 and fend over his name, with the names of 4 two other meet perfons, that the king might 4 appoint one of the three. The king engag- 4 ed for himfelf and fucceffors to continue c the privilege of an aflembly, in the fame 4 manner and form, unlefs by inconvenience 4 arifing therefrom he or his heirs fhould fee 4 caufe to alter the fame. If any of the in- 4 habitants fhould refufe to agree with Mafon 4 or his agents, on the terms before mention- c ed, the prefident and council were dire&ed 4 to reconcile the difference, or fend the cafe 4 itated in writing with their own opinions, ' to the king, that he with his privy council 4 might determine it according to equity.'
The form of government defcribed in this •commiflioii confidered abflrafteclly from the immediate intentions, characters, and con- nexions of the perfons concerned, appears to be of as fimple a kind as the nature of a fub- ordinate government and the liberty of the fubjecl can admit. The people, who are the natural and original fource of power, had a representation in a body chofen by them- felves ; and the king was repreiented by a prefident and council of his own. appoint-
NEW-HAMPSHIRE. 141
ment ; each had the right of inftrudting their 1679. reprefentative, and the king had the fuperior prerogative of difannulling the acts of the whole at his pleafure. The principal blem- i£h in the commiffion was the right claimed by the king of difcontinuing the reprefen- tation of the people, whenever he fhould find it inconvenient, after he had folemnly en- gaged to continue this privilege. The claufe, indeed, is artfully worded, and might be conftrued to imply more or lefs at pleafure. Herein Charles was confiflent with himfelf, parliaments being his averfion. However, there was in this plan as much of the fpirit of the Britiih conftitution as there could be any foundation for in fuch a colony ; for here was no third branch to form a balance, between the king or his reprefentative, and the people. The inftitution of an houfe of peers in Britain was^ die refult of the feudal fyftem : the barons being lords of the foil and enjoying a fovereignty within their own territories and over their own vaflals ; the e o'iftitution was formed by the union of thefe diftincT: eftates under one common fov- ereign. But there was nothing fimilar to this in New-England. The fettlements be- gan here by an equal divifion of property among independent freemen. Lordfhip and vaffalage were held in abhorrence. The yeomanry were the proprietors of the foil and the natural defenders of their own rights and property ; and they knew no fuperior but the king. A council, whether appoint^ ed by him or chofen by the people could not form a diftincT: body, becaufe they could not be independent. Had fuch a fimple form
142 HISTORY OF
1679. of colony government been more generally adopted, and perfeveringly adhered to, and adminiftered only by the moft delicate hands, it might have ferved better than any other, to perpetuate the dependence of the colonies on the Britiih crown.
SEW-HAMPSHIRB. 143
CHAP. VII,
The adtiMiivirutitn of the firsi council. ~~0f if tosit ion to the act* of trade. — Mason's arrival. — Opposition to him.— His de- parture.— State of trade and navigation.
THE commiffion was brought to 1680. Portfmouth on the firft of January by Ed- Coundl ward Randolph, than whom there could not R<*. be a more unwelcome meffenger. It was received with great reludlance by the gentle- men therein named; who, though they were Fitch's MSI of the firft character, intereft and influence, and had fuftained the principal offices civil and military under the colony government* ; yet eafily faw that their appointment was not from any refpect to them or favour to the people ; but merely to obtain a more eafy introduction to a new form of government, for a particular purpofe, which they knew would be a fource of perplexity and diftrefs. They would gladly have declined adling in
* The president John Cutts was a principal merchant, of great probity and esteem in Portsmouth ; but now aged and infirm.
Richard Martyn, was of good character, and great influence. He had been very active in procuring the settlement of a minister in the town of Portsmouth.
William Vaughan, was a wealthy merchant, generoui and public spirited, and of undaunted resolution. He was of Welch extraction, but was bred in London under Sir Josiah Child, who had a great regard for him, and whose interest he made use of for the good of the province.
Thomas Daniel, was a person of such note and importance, that when he died in a time of general sickness and mortality, Mr. Moody preached his funeral sermon from 2 Sam. ii. 30. " There lacked of David's servants, nine- teen men and Asabel." (Fitch's MS.)
John Gil man, was a principal man in Exeter, as was Christopher Hussey3 in Hampton.
Richarl Waldron, was a native of Somersetshire, and one of the first set- tlers in Dover. He was much respected and eminently useful, having sus- tained divers important offices civil and military, and approved his courage most hazardous c nterprize<:
144 HISTORY OF
1680. their new capacity ; but confidering the tem- per of the government in England, the una- voidable neceffity of fubmitting to the change, and the danger (upon their refufal) of others being appointed who would be inimical to the country, they agreed to qual- ify themfelves, determining to do what good, and keep off what harm they were able, council They therefore publifhed the cominiffion, Records. and took the oaths on the twenty fecond day of January, which was beyond the utmoft time limited in the commiilioii. Agreeably to the royal direction they chofe three other gentlemen into the council ; Elias Stileman of Great Ifland, who had been a clerk in the county courts, whom they now appointed fe~ cretary, Samuel Dalton of Hampton and Job Clements of Dover. The prefident nominat- ed Waldron to be his deputy or vice prefi- dent, Martyn was appointed treafurer, and John Roberts, marihal.
This change of government gratified the difcontencled few, but was greatly difrelifli- ed by the people in general ; as they faw themfelves deprived of the privilege of choofc ing their own rulers, which was ftill enjoy- ed by the other colonies of New-England, and as they expelled an invalion of their pro- perty foon to follow.
When writs were ifTued for calling a gen- eral aflembly the perfons in each town who were judged qualified to vote were named in the writs* ; and the oath of allegiance was
* The number of qualified voters in each town \vns.
In Portsmouth 71
Dover Gl
Hampton 5 7
Kxrter 20
209
"
NEW-HAMPSHIRi.
Iciminiftered to each voter. A public faft 1680, was obferved, to afk the divine bleffing on Febru 26 the approaching affembly and "the conti- " nuance of their precious and pleafant " things." The aflembly* met at Portt mouth on the fixteenth of March, and was opened with prayer and a fermon by Mr. Moody.
To exprefs their genuine fentiments of the prefent change, and invalidate the falfe reports which had been raifed againft them, as well as to fhew their gratitude and refpect to their former protectors, they wrote to the general court at Boflon, " acknowledging " the kindnefs of that colony in taking them under their protection and ruling them well ; afTuring them, that it was not any " diflatisfa&ion with their government, but " merely their fubmiflion to divine provi- " dence and his majefly's commands, with- " out any feeking of their own, which in- " duced them to comply with the prefent " feparation, which they ihould have been " glad had never taken place ; fignifying their " defire that a mutual correfpondence might " be continued for defence againfl the com- " mon enemy, and offering their fervice Council " when it fhould be neceffary f."
* The Deputies in this fifst Assembly were,
For Portsmouth. Hampton.
Robert Eliot, Anthony Stanyon,
Philip Lewis, Thomas Marston,
John Pickering. Edward Gove.
Dover. Exeter.
Peter Coffin, Bartholemew Tippen,
Anthony Nutter, Ralph Hall. Richard Waldron, jun.
f This letter fully shews the absurdity of the reason assigned by Douglad in his Summary, vol. II. page 28, for erecting this new government. " The *'' proprietors and inhabitants of New-Hampshire not capable of protecting *• themselves against the Canada French and their Indians, desired of tM
T
146" HISTORY o£
1680. Their next care was to frame a Code 01 laws, of which the firft, conceived in a flyle becoming freemen, was " that no aft, impo- u fition, law or ordinance fhould be made or " impofed upon them, but fuch as ftiould be ** made by the aflembly and approved by the w prefident and council." Idolatry, blafphe- my, treafon, rebellion, wilful murder, man- flaughter, poifoning, withcraft, fodomy, bet tiality, perjury, man-Healing, curfing and re^ belling againll parents, rape and arfon were made capital crimes. The other penal laws Were in their main principles the fame that are now in force. To prevent contentions' that might arife by reafon of the late change of government, all townfliips and grants of land were confirmed, and ordered to remain as before ; and controverfies about the titles of land were to be determined by juries chof* en by the feveral towns, according to former cuftom. The prefident and council with the aflembly were a fupreme court of Judica- ture, with a jury when defired by the par* ties ; and three inferior courts were confti- tuted at Dover, Hampton and Portfmouth.
MS Laws. ...
The military arrangement was, one root company in each town, one company of ar- tillery at the fort, and one troop of horfe, all under the command of Major Waldron.
During this adminiftration, things went on as nearly as poffible in the old channel, and with the fame fpirit, as before the fepa- ration. A jealous watch was kept over their rights and privileges, and every encroach-
" crown to take them under its immediate protection/' A random asfer-. tion, unsupported by any proof and contrary to plain fact ! The crown coul^ afford them no protection against Indians. With the French t!ie crown ••*$£ fe alliance, and the nation was at peace.
NEW-HAMPSHIRE. 141
meat upon them was withftood to the ut- 1680* moft. The duties and reftridlions eftablifh- ed by the adls of trade and navigation were univerfally difguftful, and the more fo as Randolph was appointed colle&or, furveyor and fearcher of the cuftoms throughout New- England. In the execution of his commif- fion. he feized a ketch belonging to Portf- mouth, but bound from Maryland to Ireland, which had put into this port for a few days. The mafter, Mark Hunkiug, brought an ac- ******* tion againft him at a fpecial court before the prefident and council, and recovered damages and cofts to the amount of thirteen pounds. Randolph behaved on this occafion with fuch infolence, that the council obliged him publickly to acknowledge his offence and alk their pardon. He appealed from their iudg-r counca
, . . — J Records an*
ment to the king ; but what the liiue was Files. doth not appear. Having conftituted Cap- tain Walter Barefoote his deputy at this pprt, an advertifement was publifhed requiring that all veflels ihould be entered and cleared with him. Upon which Barefoot was brought to examination, arid afterward in- didled before the prefident and council, for 1680, < having in an high and prefumptuous man- March as. c ner fet up his majefty's office of cuftoms *• without leave from the prefident and coun- 4 cil ; in contempt of his inajefty's authority
* in this place ; for difturbing and obftrudl- c ing his majefty's fubjedis in paffmg from 4 harbour to harbour, and town to town j
* and for his infolence in making no other
* anfwer to any queftion propounded to him
* but " my name is Walter." He was fen- fenced tp pay a fine 9f ten pounds?
148 HISTORY OF
1680. committed till it was paid. But though Ran* dolph's authority was denied, yet they made an order of their own for the obfervation of the a<5ls of trade, and appointed officers of their own to fee them executed. They had been long under the Maffachufetts govern- ment, and learned their political principles from them ; and as they had been ufed to think that all royal authority flowed in the channel of the charter, fo they now thought that no authority derived from the crown could be regularly exercifed in the province but through their commiflion. In this they reaibned agreeably not only to their former principles, but to their fundamental law, to which they fteadily adhered, though they had no reaibn to think it would be allowed by the crown ; and though they knew that a rigid adherence to rights, however clear and facred, was not the way to recommend themfelves to royal favour. But they were not fmgular in thefe fentiments, nor in their oppolition to the laws of trade. Randolph was equally hated, and his commiflion ne- glecled at Boilon ; where the notary refufed to enter his proteit againft the proceedings of the court ; and he was obliged to poll it on the exchange.
In the latter end of the year Mafon arriv- i>* so ec* ^rom England with a mandamus, requir- ing the council to admit him to a feat at the
1681. board, which was accordingly done. He foon entered on the bufmefs he came about ; endeavouring to perfuade fome of the people to take leafes of him, threatening others if they did not, forbidding them to cut fire-
'*d and tirpher, a flirting his right
NEW-H AMPS HIRE. 149
province and afTuming the title of lord-pro- 1681. prietor. His agents, or ftewards as they were called, had rendered themfelves obnoxious by demanding rents of feveral perfons and threatening to fell their houfes for payment. Thefe proceedings raifed a general uneafi- nefs ; and petitions were fent from each town, as well as from divers individuals, to the council for protection ; who taking up the matter judicially publiihed an order pro- hibiting Mafon or his agents at their peril to repeat fuch irregular proceedings, and de- claring their intention to tranfmit the griev- ances and complaints of the people to the king. Upon this, Mafon would no longer fit in council, though defired, nor appear when fent for ; when they threatened to deal with him as an offender, he threatened to appeal to the king, and publifhed a fum- mons to the prefident and feveral members of the council, and others to appear before his majefty in three months. This was deemed " an ufurpation over his majefty 's " authority here eftablifhed," and a warrant was iffued for apprehending him ; but he got out of their reach and went to England. ,
T^ • i r r r±- r j ^ March 27'
During thele tranlactions prelident Cutts April s, died, and Major Waldron fucceeded him, ap- pointing Captain Stilemai} for his deputy, who had quitted his place of fecretary upon. the appointment of Richard Chamberlayne J>c 30 to that office by royal commiflion. The va- cancy made in the council by the prefident's death was filled by Richard Waldron junior. On the death of Dal ton, Anthony Nutter was chofen. Henry Dow was appointed >n the room of Roberts who refigned.
150 HISTORY OF
1682, During the remainder of the council's ad- miniftration, the common b.uiinefs went on in the ufual manner, and nothing remarka- ble is mentioned, excepting another profecu- tiou of Barefoote, with his afliftants, Wil- 10. liam Hafkins and Thomas Thurton for feiz- ing a veflel " under pretence of his majefty's " name, without the knowledge of the au- " thority of the province, and without fhew- " iug any breach of ftatute though demand- " ed." Barefoote pleaded hi* deputation from Randolph ; but he was amerced twen- ty pounds to be refpited during his good be- haviour, and his two affiftants five pounds each ; the complainant being left to the law for his damages. This affair was carried by appeal tQ the king ; but the iffue is not men- tioned.
It will be proper to clofe the account of this adminiftration with a view of the ftate of the province as to its trade, improve- #ients and defence, from a reprefentation thereof made by the council to the lords of trade, purfuant to their order-
" The trade of the province, (fay they) is in mails, planks, boards and ftaves and all other lumber, which at prefent is of little value in other plantations, to which they are tranfported ; fo that we fee no other way for the advantage of the trade, unlefs his majefi ty pleafe to make our river a free port.
" Importation by ftraiigers is of little va- lue ; fhips commonly felling their cargoes in other governments, and if they come here, xifually come empty to fill with lumber : but if haply they are at any time loaded with iifh, it is brought from other port^3 there
NEW-HAMPSHIRfe. 15l
ing none made in our province, nor likely to 168& be, until his majefty pleafe to make the fouth part of the Ifles of Shoals part of this gov- ernment, they not being at prefent under any*.
" In reference to the improvement of lands by tillage, our foil is generally fo bar- ren, and the winters fo extreme cold and long that there is not provifion enough raif- ^ed to fupply the inhabitants, many of whom, were in the late Indian war fo impoverilhed their houfes and eftates being deftroyed, and they and others remaining Hill fo incapacitat- ed for the improvement of the land, (feveral of the youth being killed alfo) that they even groan under the tax or rate, affelTed for that fervice, which is, great part of it, unpaid to this dayf.
" There is at the Great Ifland in Portf- mouth, at the harbour's mouth, a fort well enough fituated, but for the prefent two weak and infufficient for the defence of the place ; the guns, being eleven in number are imall, none exceeding a facre (fix pounder)
* When these islands were first settled is uncertain, but it must have been very early, as they are most commodiously situated for the fishery, which was a principal object with the first settlers. While New-Hampshire was united to Massachusetts, they were under the same jurisdiction, and the town there erected was called Appledore. (Mass. Rec.) They are not nam- ed in Cutt's nor Cranfield's commission : but under Dudley's presidency, . causes were brought from thence to Portsmouth, which is said to be in the same county. In Allen's and all succeeding commissions, they are partial* larly mentioned ; the south half of them bein^ in New-Hampshire.
t Taxes were commonly paid in lumber or provisions at stated prices ; and whoever paid them in money was abated one- third part* The prices in 1080, were as follows.-
Merchantable white pine boards per m 30 s.
White Oak pine staves per ditto -31.
Red Oak ditto per ditto , 30 S.
Red Oak Hhd. ditto per ditto. - - 25 ».
Indian Corn per bushel - - 3 9.
Wheat per ditto. - - - 5 ».
Malt per ditto. - - - 4 *
N". B. Silver was 6s. and 8d. per oz.
152 HISTORY OF
1682. nor above twenty one hundred weight, and the people too poor to make defence fuitable to the occafion that may happen for the fort.
" Thefe guns were bought, and the forti- fication credited, at the proper charge of the towns of Dover and Portfmouth, at the be- ginning of the firft Dutch war, about the year 1665, in obedience to his majefty's command in his letter to the government under which this province then was.
u There are five guns more lying at the tipper part of Portfmouth, purchafed by pri- vate perfons, for their fecurity and defence againft the Indians in the late war with them, arid whereof the owners may difpofe at their pleafure. To fupply the forefaid defedl and weaknefs of the guns and fort, we humbly fupplicate his majefty to fend us fuch guns as fhall be more ferviceable, with powder and mot."
By an account of the entries in the port annexed to the above, it appears, that from the fifteenth of June 1680, to the twelfth of April 1681, were entered, twenty-two fhips5 council eighteen ketches, two barks, three pinks, one one fly_boat . in all forty-feveri.
NiW-HAMPSHIRE 152
CHAP. VIII,
5 Vie administration of Cranfidd.— Violent measures. — Imurret*
ti'>n^ trial and imprisonment of Gove.— Mason's «wzY*.-— «
Vauqhari's imfirisonment. — Prosecution of Moody and his im»
fir*.sonment. — Arbitrary proceedings.-*- Complaints.— Tumults.
Weare's agency in England, — Cranfield's reinwaL — Bare-
jfoote's administration .
EXPERIENCE having now convinc- 168& ed Mafon, that the government which he had procured to be eredted, was not likely to be adminiftered in a manner favourable to his views, he made it his bufinefs, on his return to England, to folicit a change ; in confe- quence of which it was determined to com- mifTion Edward Cranfield, efq. lieutenant- governor and commander in chief of New- Hampfliire. By a deed enrolled in the court of chancery, Mafon furrendered to the king Jan. 2& one fifth part of the quit-rents, which had or ihould become due : Thefe with the fines and forfeitures which had accrued to the crown fince the eftabliihment of the prov- ince, and which fhould afterward arife, were appropriated to the fupport of the governor. But this being deemed too precarious a foun- dation, Mafon by another deed mortgaged ,
. J r , , ,, & & MSSinthp
the whole province to Cranfield, for twenty- files, one years, as fecurity for the payment of one hundred and fifty pounds per annum, for the fpace of feven years. On this encouragement Cranfield relinquifhed a profitable office at „
T -11 • /-i« i • f « itch 8 Mj?
home, with the view of bettering his fortune here.
By the commiffion, which bears date the ninth of May, the governor was impowered
u
154 HISTORY OF
1,682. to call, adjourn, prorogue and diflblve gene- ral courts ; to have a negative voice in all adls of government ; to fufpend any of the council when he fhould fee juft caufe (and every counfellor fo fufpended was declared incapable of being eledled into the general aflembly ;) to appoint a deputy-governor, judges, juflices, and other officers, by his fole authority ; and to execute the powers of vice- admiral. The cafe of Mafon was recited nearly in the fame words as in the former commiflion, and the fame directions were given to the governor to reconcile differences, or fend cafes fairly ftated to the king in coun- cil, for his decifion. The counfellors nam- e.d in this commiflion were Mafon, who was ftyled proprietor, Waldron, Daniel, Vaughan, Martyn, Gilman, Stileman and Clements : Thefe were of the former council, and to them were added Walter Barefoote, and Richard Chamberlayne.
Cranfield arrived and publifhed his com- miflion on the fourth of Ocflober, and within fix days Waldron and Martyn were fufpend- ed from the council, on certain articles ex- hibited againfl them by Mafon. This early fpecimen of the exercife of power muft have been intended as a public affront to them, in revenge for their former fpirited condudl ; otherwife their names might have been left out of the commiflion when it was drawn.
The people now plainly faw the dangerous defigns formed againfl them. The negative voice of a governor, his right of fufpending counfellors, and appointing officers, by his own authority, wfere wholly unprecedented in New-England ; and they had the fingular
NEW-HAMPSHIRE. 155
mortification to fee the crown not only ap- 1682. pointing two branches of their legiflature, but claiming a negative on* the election of their reprefentatives, in a particular cafe, which might fometimes be eflentially necef- fary to their own fecurity. They well knew that the fole defign of thefe novel and extra- ordinary powers was to facilitate the entry of the claimant on the lands which fome of them held by virtue of grants from the fame authority, and which had all been fairly pur- chafed of the Indians ; a right which they believed to be of more validity than any oth- er. Having by their own labour and ex- pence fubdued a rough wildernefs, defended their families and eftates againft the favage enemy, without the leaft afliftance from the claimant, and held pofTeflion for above fifty years ; they now thought it hard and cruel, that when they had juft recovered from the horrors of a bloody war, they fliould have their liberty abridged, and their property de- manded, to fatisfy a claim which was at beft difputable, and in their opinion groundlefs. On the other hand it was deemed unjuft, that grants made under the royal authority fhould be disregarded ; and that fo great a fum as had been expended by the anceftor of the claimant, to promote the fettlement of the country, fliould be entirely loft to him ; ef- pecially as he had foregone fome juft claims _
in i • • r* • i Mason^
011 the eftate as a condition of inheritance, wui Had the inhabitants by any fraudulent means impeded the defigns of the original grantee, or embezzled his intereft, there might have been a juft demand for damages ; but the unfuccefsfulnefs of that adventure was to be
156
HISTORY OF
Vaughan's lotirnal.
1682. fought for in its own impracticability • or the negligence, inability or inexperience of thofe into whofe hands the management of it fell after Captain Mafon's death, and during the minority of his fucceflbr.
An aflembly, being fummoned, met on the fourteenth of November; with whofe concuiv rence a new body of laws was enafted, in fome refpefts different from the former ; the fundamental law being omitted and an alter- MS Laws, ation made in the appointment of jurors^ which was now ordered to be done by the flieriff, after the cuflom in England.
Cranfield, who made no fecret of his in- tention to enrich himfelf by accepting the government, on the firft day of the affembly f eftored Waldron and Martyn to their places in the council ; having, as he faid, examined the allegations againft them and found them infufficient. In return for this mew of com- plaifance, and taking advantage of his needy fituation, the aflembly having ordered an af- feffineiit of five hundred pounds, appropriat- ed one half of it as a prefent to the governor 5 hoping hereby to detach him from Mafon, who they knew could never comply with his engagements to him. Prefering a certainty to an uncertainty, he pafled the bill, though it was not prefented to him till after he had given order fot adjourning the court, and af- MS§ in the tei* Mafon, Barefoote and Chamberlayne were withdrawn from the council.
This appearance of good humour was but fhort-lived ; for at the next feflion of the af- fembly, the governor and council having ten- dered them a bill for the fupport of governr ment, which they did not approve, and they
Council Rec.
Dec 1,
Files.
1683.
NEW-HAMPSHIRE.
.having offered him feveral bills which he faid 1683. were contrary to law, he diiTolved them ; having previoufly lufpended Stileman from the council and difmiffed him from the com- mand of the fort, for fuffering a veiTel under feizure to go out of the harbour. Barefoote was made captain of the fort in his room.
The diffolution of the AiTernbly, a thing before unknown, aggravated the popular difcontent, and kindled the refentment of fome ram perfons in Hampton and Exeter ; who, headed by Edward Gove, a member of the diffolved aflembly, declared by found of trumpet for " liberty and reformation." There had been a town meeting at Hamp- ton, when a new clerk was chcfen and their records fecured. Gove went from town to town proclaiming what had been done at Hampton, carrying his arms, declaring that the governor was a traitor and had exceeded his commimon, and that he would not lay down his arms, till matters were fet right, and endeavouring to excite the principal men in the province to join in a confederacy to overturn the government. His project appeared to them fo wild and dangerous, that they not only difapproved it, but informed againft him and aflifted in apprehending him. Hearing of their delign, he collected his com- pany, and appeared in arms ; but on the per- fuafion of fome of his friends he furrender- ed. A fpecial court was immediately com- miffioned for his trial, of which Major Wal- dron fat as judge, with William Vaughan and Thomas Daniel amftants. The grand jury prefented a bill in which Edward Gove, John Gove, his fon, and William Hely, of
158 HISTORY OF
1683. Hampton ; Jofeph, John and Robert Wad- leigh, three brothers, Thomas Rawlins, Mark Baker and John Sleeper, of Exeter, were charged with high-treafon. Gove, who behaved with great infolence before the court, and pretended to juftify what he had done, was convidled and received fentence of death in the ufual hideous form ; and his Feb. i. eftate was feized, as forfeited to the crown. RecWs of ^e others were convi&ed of being accom- special plices, and refpited. The king's pleafure being fignified to the governor that he fhould pardon fuch as he judged objects of mercy ; they were all fet at liberty but Gove, who was fent to England, and imprifoned in the tower of London about three years. On hi s repeated petitions to the king, and by the in- terefl of Randolph with the Earl of Claren- don, then lord chamberlain, he obtained his pardon and returned home in 1686, with an order to the then prefident and council of New-England to reflore his eftate. cove's Gove in his petitions to the king pleaded
papers. " a difteinper of mind" as the caufe of thofe actions for which he was profecuted. He alfo fpeaks in fome of his private letters of a drinking match at his houfe, and that he had not flept for twelve days and nights, about that time. When thefe things are confider- ed, it is not hard to account for his conduct. From a letter which he wrote to the court while in prifon, one would fuppofe him to les* have been difordered in his mind. His pun- ifhment was by much too fevere, and his trial was hurried on too faft, it being only fix days after the commiffion of his crime. Had he been indicted only for a riot there would
NEW-HAMPSHIRE. 159
have been no difficulty in the proof, nor 1683, hardlhip in inflicting the legal penalty. Waldron, it is faid, fhed tears when pro-- nouncing the fentence of death upon him.
On the fourteenth of February the gover- nor, by advertifement) called upon the in- habitants to take out leafes from Mafon with- in one month, otherwife he muft, purfuant to his inftrudtions, certify the refufal to the king, that Mafon might be difcharged of his obligation to grant them. Upon this fum- mons and within the time fet, Major Wal- dron, John Wingett and Thomas Roberts, three of the principal landholders in Dover, waited on the governor to know his pleafure, who diredled them to agree with Mafon. They then retired into another room where Mafon was, and propofed to refer the matter to the governor, that he might according to his commiflion, ftate the matter to the king for his clecilion. This propofal Mafon re- jedled, faying that unlefs they would own his title, he would have nothing to do with them. While they were in difcourfe the governor came in and defired them to de- * part.
This piece of condudl is difficult to be ac- counted for, it being diredlly in the face of the commiflion* Had the method therein prefcribed, and by thefe men propofed, been adopted, it was natural to expedl that the king, who had all along favoured Mafon's pretenfions, would have determined the cafe as much to his wifh as upon an appeal from a judicial court ; befides, he had now the fairefl opportunity to have it decided in the fliorteft way, to which his antagonifts muft
HISTORY OF
1683. have fubmitted, it being their own propofaL His refufal to accede to it was a capital miftake, as it left both him and Cranfield expofed to the charge of difobedience. But it afforded a pow- \il plea in behalf of the people ; whole con- fidence in the royal juftice would have in- duced them to comply with the directions in the commiilion. It being now impoffible to have the controverfy thus decided they de- termined to hearken to none of his propo- fals. As he generally met with oppofition and contradiction he was induced to utter many raih fay ings in all companies. He threatened to feize the principal eitates, beg- gar their owners, and provoke them to re- bellion by bringing a frigate into the har-
, bour and procuring foldiers to be quartered MS. ; on the inhabitants. Thefe threats were fo far from intimidating the people that they ferv- ed the more firmly to unite them in their de- termination not to fubmit ; and each party was now warm in their oppofition and re- fe.itment.
The governor on fome freih pretence fu£- pended Waldron, Martyn and Oilman from council. The deaths of Daniels and Glfcmehts made two other vacancies. Vaughan held his feat the longed, but was at length * thruft out for his non-compliance with fome arbitrary meafures. So that the governor had it in his power to model the council to his mind, which he did by appointing at va- rious times Nathaniel Fryer, Robert Eliot, John Hinckes, James Sherlock, Francis Champernoon and Edward Randolph, ef- quires. The judicial courts were alfo filled i with officers proper for the intended bufinefs.
NEW-HAMPSHIRE. 16J
Barefoote, the deputy governor, was judge : 1683* Maibn was chancellor ; Chamberlayne was ;" clerk and prothonotary ; Randolph was at- torney general, and Sherlock provoft marfhal and flieriff. Some who had always been dif- affefted. to the country, and others wno had been awed by threats or flattered by promi- fes took leafes from Mafon ; and thefe ferved for under fheriffs, jurors, evidences, and oth- er iieceffary perfons.
Things being thus prepared, Mafon began his law-fuits by a writ againft Major Wai- dron, (who had always diftinguiilied himfelf in oppofition to his claim) for holding lands and felling timber to the amount of four rhoufand pounds. The major appeared in court, and challenged every one of the jury as interefted perfons, fome of them having taken leafes of Mafon, and all of them living upon the lands which he claimed. The judge then caufed the oath of voire dire to be ad- miniftered to each juror, purporting " that " he was not concerned in the lands in quef- " tion, and that he fliould neither gain nor " lofe by the caufe." Upon which the ma- jor faid aloud to the people prefent, " That *c his was a leading cafe, and that if he were K caft they muft all become tenants to Ma- " fon ; and that all perfons in the province " being interefted, none of them could legally files. " be of the jury." The cafe however went on ; but he made no defence, aflerced no title, and gave no evidence on his part. Judgment was given againil him and at the next court of feffioiTs he was fined five pounds for "mu- * tinous and feditious words." w
162 HISTORY OF
1683. Suits were then inftituted againit all
principal landholders in the province, who, following Waldron's example, never made any defence. Some, chiefly of Hampton, gave in writing their reafons for not joining iffue ; which were, the refufal of Maibn to comply with the directions in die commit- iion ; the impropriety of a jury's deter- mining what the king had exprefsly reserved to himfelf ; and the incompetency of the jury, they being all inter-efted perfons, one of whom had laid that " he would fpend his " eftate to make Mafon's right good." Theft reafons were irritating rather than convinc- ing to the court. The jury never hefitated in their verdidls. From, feven to twelve caufes were difpatched in a day, and the colts were multiplied from five to twenty pounds. Executions were ifllied, of which two or three only were levied ; but Mafon could MS in neither keep pofleflion of die premifes nor wetoK difpofe of them by fale, fo that the owners flill enjoyed them. Several threatened to appeal to the king but Major Vaughan alone made the experiment.
A fuit was alfo commenced again!! Marty ri who had been trenfurer, for the fines and forfeitures received by him, during the for- mer adminiftration ; arid judgment was re- covered for feventy one pounds with cofts* Martyn petitioned Mafoil as chancellor, fet- ting forth that he had received and difpofed of the money according to the orders of the late prefident and council, and praying that the whole burden might not lie upon him. A decree was then iffued for the other fur- viving members of the late council, and the
NEW-HAMPSHIRE-
heirs of thofe who were dead, to bear their 1683» proportion. This decree was afterward re- MSS ^ verfed by the king in council. ite%
Craniield with his council had now affum- ed the whole legiflative power. They pro- hibited veffels from M^ffachufetts to enter the port, becaufe the a<5ts of trade were not obferved in that colony ; They fixed the di-^ menfions of merchantable lumber ; altered the value of filver money, which had always palled by weight at fix {hillings and eight- pence per ounce ; and ordered that dollars ihould be received at fix {hillings each, which was then a great hardfhip j as many of them were greatly deficient in weight : They alfp MJ? changed the bounds of townihips ; eftab- liflied fees of office ; made regulations for the package of fiih, and ordered the confta- bles to forbear collecting any town or parifh Cown^i taxes till the province tax was paid, and the R accounts fettled with the treafiirer.
The public grievances having become in- ^.,
fupportable, the people were driven to the neceffity of making a vigorous (land for their liberties. The only regular way was by complaint to the king. Having privately communicated their fentiments to each other, and raifed money by fubfcription, they ap- pointed Nathaniel Weare, Efq. of Hampton their agent ; and the four towns having drawn and fubfcribed diflin<5t petitions of the fame tenor, Weare privately withdrew to Bofton from whence he failed for Eng- land* Major Vaughaii who accompanied him to Bofton, and was appointed to pro- cure depositions to fend after him, was upon return to Portfrnouth, brought to an
164 HISTORY OF
1693. aminatioil, treated with great infolence and required to find fureties for his good behav-
jviss ia iour ; which, having broken no law, he re~ f ufed* ; and was by the governor's own war- rant immediately committed to prifon ; where he was kept nine months to the great dam- age of his health, and of his own as well as the people's intereft.
1684. Amidft thefe multiplied oppreffions, Cran- fieid was iiill difappointed of the gains he had expedled to reap from his office ; and found to his great mortification, that there was no way of fupplying his Wants, but by application to the people, through an affem- blv. He had already abufed them fo much tl ..... .' 2 could hope nothing from their fa- vour , and was therefore obliged to have recourfe to artifice. On a vague rumour of a foreign war, he pretended much concern the prefer va dou of the province from in* -afion ; and prefuming that they would fliew the fame concern for themielves, he called an afTembly at Great-Ifland where he refid- ed, to whom he tendered a bill, which in a manner totally unparliamentary, had been drawn and patted by the council, for railing money to defray the axpence of repairing the fort, and fiipplying it with ammunition, and for of her neceffary charges of government, T'te houfef debated a while, and adjourned
'• In this refusal lie is countenanced by the example of the great Setden. auci other rneirbers of parliament who were imprisoned by order of Claries I. in 1629. Macauley's Hist. Eng. 8vo. Vol. 2. page 75-
f The Members of this assembly were,
For Portsmouth. Hampton.
Richard 'Waldron, nm. speaker, Anthony St:-- Philip Leu is, Josepli Smith,
S
NEW-HAMPSHIRE. 16$
for the rfight, and the tide ferving, the mem- 1684. bers went up to the town. In the morning they returned the bill with their negative ; at which the governor was highly enraged, and telling them that they had been to con- fult with Moody, and other declared enemies of the king and church of England, he dif- folved them ; and afterward by his influence with the court of feffions, divers of the mem- bers were made conftables for the following court Re^
° VaugWs
year, borne at them took the oath, and journal, others paid the fine which was ten pounds. Thus by a mean and execrable revenge, he taxed thofe whom he could not perfuade to tax their conflituents for his purpofes.
But Moody was marked as an object of peculiar vengeance. He had for fome time rendered himfelf obnoxious by the freedom and plainriefs of his pulpit difcourfes, and his ftrictnefs in admiiiiflering the difcipline of the church ; one inftance of which merits particular notice. Randolph having feized a veffel, ihe was in the night carried out of the Ti arbour. The owner, who was a member of the church, fwore that he knew nothing of it ; but upon trial there appeared ftrong fufpicions that he had perjured himfelf. He found means to make up the matter with the governor and collector ; but Moody, being concerned for the purity of his church, re- quefted of the governor copies of the evi- dence, that the offender might be called to account in the way of ecclefiaftical difcipline. Cranfield fternly refufed, faying that he had
Dover. Exeter.
John Gcrrish, Robert Smart,
Jolm Woodman, 'JThemao Wiggen.
Nuttey, (C»urt Records.*
166 HISTORY OF
1684:. forgiven him, and that neither the church nor minifter ftiould meddle with him ; and even threatened Moody in cafe he ihould. Not intimidated, Moody confulted the church and preached a ferrnon againft falfe fwear- ing ; then the offender, being called to ac- count, was cenfured, and at length brought to a public confeflion. This procedure ex- tremely difgufted the governor who had no way then in his power to {hew his refent- ment. But malice, ever fruitful in expedi- ents to attain its ends, fuggefted a method, which to the fcandal of the Englifh nation^ has been too often practifed. The penal laws againft nonconformifts were at this time executing with great rigour in England; and Cranfield, ambitious to ape his royal mafter, determined to play off the ecclefiafti-. cal artillery hex^e, the direction of which he fuppofed to be deputed to him with his other powers. He had attempted to impofe upon the people the obfervatiqn of the thirtieth of January as a faft, and reftrain them from manuel labour at Ghriftmas ; but his capi- tal (broke was to iffue an order in council " that after the firft of January, the mini£- " ters flioukl admit all perfons of fuitable " years and not vicious, to the Lord's fup- ^ per, and their children to baptiftii ; and " that if any perfon iho-uld defire baptifm ^ or the other facratnent to b^ adaiiniftered " according to the liturgy of the church of " England, it fhould be done in purfuance a of -the king's command to the colony of " MafTachufetts* ; and any minifter refuting
*; This command was conceived in the following1 terms : -: ,\rsd since the principle and foundation of tliat charter wa
I6t
.* fo to do fhould fufFer tire penalty of the 1684> " ftatutes of uniformity."
The fame week in which he diflblved the aflembly, he fignified to Moody in writing, by the hands of the fiieriff, that hiinfelf, with Mafbn and Hinckes, intended to partake of the Lord's flipper the next funday ; requir- ing him to adminifter it to them according to the liturgy ; and, as they juftly expected, he at once denied them. The way was now opened for a perforation ; and the attorney general Jofeph Rayn, by the governor's ord- er exhibited an information at the next court Feb* ^ of lemons, before Walter Barefoote judge? Nathaniel Fryer and Henry Greene affiftants, Peter Coffin, Thomas Edgerly and Henry Robie juftices, fetting forth, " that Jofhua " Moody clerk, being minifter of the town of " Portfmouth within the dominions of King " Charles, was by the duty of his place and " the laws of the realm, viz. the ftatutes of " the fifth and fixth of Edward VI, the firft " of Elizabeth, and the thirteenth and four- teenth of Charles II, required to adminifter " the Lord's fupper in fuch form as was fet ** forth in the book of common prayer, and u no other. But that the faid Moody in con- tempt of the laws had wilfully and obfti-
<.\orn and liberty of conscience ; Wee do hereby charge and require you that freedom and liberty be duely admitted and allowed, so that they that desire to use the booke of common prayer and perform their devotion in that man- ner that is established here be net denyed the exercise thereof, orundergoe a- King ny prejudice or disadvantage thereby, they using1 their liberty peaceably with- Charles^ out any disturbance to others ; and that all persons of good and honest lives Letter in, and conversations be admitted to the sacrament of the Lord's supper accord- Hutchiru ing to said hooke of common prayer, and their children to baptism." col. pap.
This command cannot consistently with the acknowledged principle and p. 379, strict limitation, be construed any other way, than that the use of the liturgy should be permitted to such ministers and people as desired it. To compel ..Ministers to use it, and leave all otters at liberty. rv:is a cor/stracf5on that e alone could cv.r;>
168 HISTORY Of
1684. " nately refufed to adminifter the fatne tu " the Honourable Edward Cranfield, Robert
Mssin « Mafon, and John JJinckes, and did obfti- " nately ufe fome other form." Moody in his defence pleaded that he was not epifco- pally ordained as the ftatutes required ; nor did he receive his maintenance according to them ; and therefore was not obliged to the performance of what had been com- manded ; that the alledgecl ftatutes were not intended for thefe plantations, the known and avowed end of their fettlement being the en- joyment of freedom from the impofition of thofe laws ; which freedom was allowed and
Forts. CIA. confirmed by the king, in the liberty of con* rds* fcience granted to all proteftants, in the gov* ernor's commiflion. Four of the Juftices, v^ Qreene5 Robie, Edgerly and Fryer were at ,firft for acquitting him ; but the matter being adjourned till the next day, Cranfield found means before morning to gain Robie and Greene, who then joined with Barefoote and Coffin, in fentencing him to fix months imprifonment, without bail or mainprize. The other two perfifted in their former o- . pinion, and were foon after removed from all their offices. Moody was immediately ordered into cuftody, without being permit- ted firft to fee his family ; and he remained under confinement, in company with Major Vaughan, at the houfe of Captain Stileman, with liberty of the yard, for thirteen weeks ; " his benefice" being declared forfeited to the crown. The next week after Moody's trial, the governor in a profane bravado fent word to Seaborn Cotton minifter of Hampton, that " when he had prepared his foul, be would
NEW-HAMPSHIRE. 168
4i come and demand the iacrament of him as 1684e ;c he had done at Portlinouth." Upon which Vau han;s Cotton withdrew to Bofton. The minifter Journal, of Dover, John Pike, was (fo far as I can find) umnolefted. Exeter had then no fettled ' minifter.
During Moody's imprifonment, Cranfield would neither fuffer him to go up to the town to preach, nor the people to aflemble at the ifland to hear, nor the neighbouring minifters to fupply his place ; only the fam- ily where he was confined were permitted to be prefent with him at fabbath exercifes. But while the governor was abfent on a tour to New-York, Mafon gave leave for opening the meeting-houfe twice, when they obtained a minifter to officiate ; he alfo allowed both Moody and Vaughan to make a fhort vifit vaughan-s to their families. At length, by the inter- JournaU pofition of friends, Moody obtained a re- leafe, though under a Uriel: charge to preach no more within the province, on penalty of farther impnfonrn.ent. He then accepted an invitation from the firft church in Bo£~ |£, ton ; where being out of the reach of his perfecutors, he was employed as a preacher, and was fo highly efteemed that upon the death of Prefident Rogers he was invited to take the overfight of the college, which he Records. n^odcftly declined, and continued his minif- trations at Bofton, frequently vifiting his deftitute church at Portfmouth, at their pri- vate meetings, till 1692 ; "when, the govern- ment being in other hands, and the eaftern country under trouble by the Indians, at the earned requeft of his people, and by the
vidvire of au e^cjefiaftical council, he return^ MSS
x
170 HISTORY OF
1684. ed to^his charge at Portfmouth, and fpent the reft of his days there in ufefulnefs, love and peace*.
Upon a calm review of this profecution, one can hardly tell which is moft deteftable, the vindictive temper which gave it birth ; or the profanenefs and hypocrify with which it was conducted. The pretended zeal of the profecutors was totally inconfiftent with a due regard to thofe laws, and the princi- ples of that church, for which they made themfelves fuch contemptible champions. For it had been long before this time, a re- ceived opinion in the church of England, that the validity of all the facramental ad- miniftrations depends on authority derived from the apoftles, by epifcopal ordination, in an uninterrupted fucceffion ; and one of the ftatutes on which the profecution was ground- ed enadls, ' that no perfon fliall prefume to c confecrate and adminifter the Lord's flip- c per, before he be ordained a priefl by epif-
* copal ordination, on pain of forfeiting for
* every offence one hundred pounds.' The minifters then in the province, being defti- tute of the grand pre-requifite, were incapa- ble by the a6t, of doing what was fo peremp- torily required of them ; and had they com- plied with the governor's order, muft have expofed themfelves to the penalty, if he had pleafed to exa£t it from them. But the ex- tending thefe penalties to the king's Ameri- can fubje<5ls, who had fled hither from the rod of prelatic tyranny, was a moft unwar-
* He died at Boston, being there on a visit, July 4, 1697, aged 65. Dr. Cotton Mather preached his funeral sermon from acts vi. 15. " They saxv his face as it had been the fase of an angel." Mag-nnUa, lib. 4. cap. 7,
NEW-H AMPS HIRE. 171
tamable ftretch of power ; fince the laft of 1684^ thefe a&s, and the only one which had been made fince the fettlement of the colonies, was expreisly reftridled in its operation, to u the realm of England, dominion of Wales^ " and town of Berwick upon Tweed."
Difappointed in all his fchemes for raifing money by an afTembly, Cranfield next ven- tured on the projedt of taxing the people without their confent. The pretext for this was a claufe in the commiflion, impowering him, with the council, " to continue fiich " taxes as had been formerly levied, until a " general affembly could be called." This had been done, without offence, at the be- ginning both of this and the former admin- iftration, when the change of government rendered it neceffary. But the council, though too much devoted to him, were not eafily perfuaded into the meafure at this time ; till fear at length accompliihed what reafon could not approve : for, letters being received from the eaftward, informing of the difcovery of a plot among the Indians, who were inftigated by Caftine the Frenchman to renew the war early in the Feb- ** fpring, the council were fummoned in hafte, and prefently agreed to the governor's pro- pofal, for continuing fuch taxes as had been formerly laid, which he told them was ne« • ceffary for the immediate defence and fecu- rity of the province. This affair, however,
kept fecret for the prefent ; and the peo^ pie were firft to be convinced of the govei>
j paternal care and kindnefs in taking the neceffary precautions for their fafety. It
ordered that tbe meeting-houfes in eacj>
172 HISTORY or
1684. town jfhould be fortified, and bye garrifong were eftablifhed in convenient places : Sup- plies of ammunition were ordered to be pro- vided : 'Circular letters were difpatched to the governors of the neighbouring colonies, informing them of the danger ; and, to crown the whole, Cranfield himfelf, at the requeft of the council, undertook a tour to New-York to folicit the governor, Dongan, for a number of the Mohawks to come down
oouncii and deftroy the eaftern Indians ; promifing
Records. -, J r l • r - r i
to pay them for their fervices out of the £u"faian * money which was thus to be raifed.
At his return from this excurfion, he found himfelf under feme embarrafsmerit in his favourite views, from a letter of the lords of trade, which directed him to make u/e of an affembly, in raifing money on the people. He could not, therefore, avoid calling one, though he immediately diffolved it, becaufe feveral of the members were thofe whom he had formerly ordered to be made conftables. At the fame time, in his letters to the iecre- tary of ftate, he reprefented the affembly as perfbns of fuch a mutinous and rebellious difpofition, that it was not fafe to Ic-: them convene ; that they had never given any thing toward the ftipport of government ; that he was obliged to raife money without them ; and that it was impoffible for him to terve his majefty's intercft without a ihip of war to enforce his orders ; and finally he defired leave to go to the Weft-Indies for the recovery of his health. When this buti- neft was difpatched, \varrants were iffiied for coilecling the taxes ; which raufecl freili mUrmuriDgs and difcontent amongthe people.
NEW-HAMPSHIRE. 1*78
But however difaffe<5led to the governor 1684, and his creatures, they were always ready to teftify their obedience to the royal orders ; an inftance of which occurred at this time. The feas of America and the Weft-Indies be- ing much infefted with pirates, the king fent orders to all the governors and colony aflemblies, directing acts to be made for the fuppraffing of piracy and robbery on the high feas. Cranfield, having received this juiyag, order, fummoned an aflembly ; and though it confifted almoft entirely of the fame per- foas who were in the lafl ; he fuffered them ro pafs the a6l, and then quietly diflblved Council them : This was the laft aflembly that ever Records, he called.
The tax-bills were firft put into the hands of the newly made coiiftables ; who foon re- turned them, informing the governor that the people were fo averfe from the method, that it was impoflible to collect the money. The provoft, Thomas Thurton, was then commanded to do it, with the affiftance of his deputies and the coiiftables. The people ftill refufing compliance, their cattle and goods were taken by diftreint and fold by auction : Thofe who would neither pay nor difcover their goods to the officers, were apprehended and imprifoned ; and fome of the conftables, who refufed to aflift, fufFered the fame fate. The more coniiderate of the people were difpofed to bear thefe grievances, though highly irritating, till they could know the refult of their applications to the king. But in a country where the love of liberty had ever been the ruling paflion, it could not be expelled but that fome forward
' HISTORY OF
1684. fpirits would break the reftraints of pru- dence, and take a luminary method to put a ftop to their oppreffions. Several perfons had declared that they would fooner part with their lives, than fuffer diftreints ; and affociations were formed for mutual fupport At Exeter the fheriff was refilled and driven off with clubs ; the women having prepared
Dec. 29. hot fpits and fcalding water to affift in the op- pofition, as Thurton teflified in his depofi- tion on the occafion. At Hampton he was
January 22. beaten, and his fword was taken from him ; then he was feated on an horfe, and convey- ed out of the province to Salifbury with a rope about his neck and his feet tied under the horfe's belly, Juftice Robie attempted to commit fome of the rioters ; but they were refcued by the way, and both the juftice and the ftieriff were ftruck in the execution of their office. The troop of horfe, under Ma- fon's command, was then ordered to turn, out completely mounted and armed, to aflift in fuppreffing the diforders ; but when the day came not one trooper appeared. Cran- field thus finding his efforts ineffectual, and his authority contemptible, was obliged to defift.
This agent had been a long time in Eng- land, waiting for the depositions, which, were to have been tranfmitted to him, in fupport of the complaint which he was to exhibit. Cranfield and his creatures here did all that they could, to retard the buii- nefs ; firft by imprifoning Vaughan., and then by refilling to fummon and {wear wit- neffes when applied to by others ; who were
MSSm 'files,
obliged to go into the neighbouring
NEW-HAMPSHIRE, 175
merits, to get their depolitions authenticated ; 1684, and after all, the proof was defective, as they had not accefs to the public records. The agent, however, exhibited his complaint a-juiyii. gainft Cranfield in general terms, confifting of eight articles. * That he had engrofled c the power of eredling courts, and eftablifh-
* ing fees exclufive of the affembly : That c he had not followed the directions in his < commiflion refpecfling Mafon's controver- c fy ; but had caufed it to be decided on tho
* fpot by courts of his own conftitution, con- 4 fitting wholly of perfons devoted to his in- c tereft : That exorbitant charges had been
* exacfted and fome who were unable to fat- c isfy them had been imprifoned : That oth-
* ers had been obliged to fubmit, for want
* of money to carry on the fuits : That he
* had altered the value of filver money : 4 That he had imprifoned fundry perfons
* without juft caufe : That he with his coun-
* cil had aflumed legiflative authority, with-
* out an afTembly ; and, that he had done ; his utinoft to prevent the people from lay-
* ing their complaints before the king, and 4 procuring the neceflary evidence/
The complaint was, in courfe, referred to the board of trade ; who tranfmitted copies of it, and of the feveral proofs, to Cranfield, and fummoned him to make his defence ; directing him to deliver to the adverfe party copies of all the affidavits which fhould be taken in his favour ; to let all perfons have free accefs to the records ; and to give all needful afliftance to them in colledling their ibid. evidence agaiiift him.
When he ]v>d received this letter he fuf-
167 HISTORY OF
1684. pended Maibn's fuits, till the queftion con- cerning the legality of the courts ihould be decided. He alfb ordered the fecretary to give copies to thofe who fhould apply for them. At the fame time it was complained that the people, on their part, had been equally referved, in fecreting the records of the feveral towns ; fo that Mafon upon en- quiry could not find where they were depof- ited ; and the town clerks, when fummoned, had folemnly fworn that they knew neither
|^Sinthe where the books were concealed, nor who had taken them out of their pofTeffion.
1685. The neceflary evidence on both fides be- ing procured, a new complaint was drawn up, confifting of twelve articles, which were, 4 That at the firft feffion of the affembly c Cranfield had challenged the power of legif-
* lation and fettlement of the affairs to him- c felf againft the words of the commiflion : c That he had by purchafe or mortgage from
* Mafon, made himfelf owner of the province, 4 and fo was not likely to a6l impartially be-
* tween Mafon and the inhabitants : That he
* had made courts, whereof both judges and 4 jurors had agreed with Mafon for their own
* lands, and fome had taken deeds of him for
* other men's lands, fo that they were engag- c ed by their intereffc to fet up Mafon's title : 4 That Mafon had fued forty perfbns, and c caft all ; and that the governor's interpofal c to ftate the cafes, as by his cominiffion he 4 was diredled, had been refufed though de-
* fired ; and that the defendants pleas ground- ' ed on the laws of England were rejected ; c That they could not reconcile the verdidl 4 with the attachment, nor the execution
NEW-HAMPSHIRE. 177
* with the verdi6t, nor their pradlice under 1685.
* colour of the execution with either ; that
* the verdidl found the lands fued for ac-
* cording to the royal commiffion and in* 4 ftru&ions, and that commiffion only gave
* power to ftate the cafe if Mafon and the
* people could not agree ; but the execution 4 took la-id and all : That the charge of
* every adlion was about fix pounds, though < nothing was done in court, but reading the 4 commiffion and feme blank grants without
* hand or feal ; and thefe were not read for,
* one cafe in ten : That court charges were
* exa6led in money, which many had not ; 6 who though they tendered cattle, were com- 4 mitted to prifon for non-payment : That ' miniflers, contrary to his majefty's com-
* miffion, which granted liberty of confcience i to all proteftants, had their dues withheld
* from them, even thofe that were due be- 4 fore Cranfield came, and were threatened
* with fix months imprifonment for not ad-
* miniftering the facrament according to the
* liturgy : That though the general aflenv c bly agreed that Spanifti money fhould pafs ' by weight, the governor and council order- 6 ed pieces of eight to pafs for fix fhillings, c though under weight : That men were 4 commonly compelled to enter into bonds
* of great penalty, to appear and anfwer to fc what fhould be objected againft them, 4 when no crime was alledged : That they 4 had few laws but thofe made by the gov- v ernor and council, when his commiffion di- 4 reeled the general alTembly to make laws : c That the courts were kept in a remote cor- ' ner of the province ; and the iheriff was a
Y
178 HISTORY OF
1685. 4 ftranger and had no vifible eftate, and fo
* was not refp°nfible for failures/
Upon this complaint, an hearing was had before the lords of trade on Tuefday the tenth of March ; and their lordftiips report- ed to the king, on three articles only of the complaint viz. ' That Cranfield had not c purfued his inftruftions with regard to Ma- 4 fon's controverfy ; but inftead thereof had
* caufed courts to.be held and titles to be c decided, with exorbitant cofts ; and that
* he had exceeded his power in regulating
* the value of coins.' This report was ac- cepted, and the king's pleafure therein figni- fied to him. At the fame time, his requeft for abfence being granted, he, on receipt of
Neil's Hist. ^ letters, privately embarked on board a and Fitch's vefTel for Jamaica ; and from thence went to England, where he obtained the colledlor- fhip of Barbadoes. At his departure, Bare- foote the deputy-governor took the chair ; which he held till he was fuperfeded by Dudley's commimon, as prefident of New- England.
Cranfield's ill coiiducl muft be afcribed in a great meafure to his difappointment of the gains which he expedled to acquire, by the eftablimment of Mafon's title ; which could be his only inducement to accept of the gov- ernment. This difappointmept inflaming his temper, naturally vindictive and impe- rious, urged him to adlions not only illegal, but cruel and unmanly. A ruler never de~ grades his character more than when he per- verts public juftice to gratify perfonal refent- ment ; he fhould punifli none but the ene- mies of the laws, and difturbers of the peace
NEW-HAMPSHIRE. 179
of the community over which he prefides. 1685. Had there been the leaft colour, either of zeal or policy, for the feverity exercifed ia the profecutioii of Moody, candour would oblige us to make fome allowance for hu- man frailty. His ordering the members of the affembly to be made conftables, was a mode of revenge difgraceful to the character of the fupreme magiftrate. From the fame Nea1j vo^ bafe difpolition, he is faid to have employed 2' P- 39 fpies and pimps, co find matter of accufation againft people in their clubs, and private dif- courfe. And his deceit was eqxial to his malice ; for, being at Bofton when the cha r- ter of that colony was called in queftion, and the people were folicitous to ward off the daager ; he a(j.vifed them to make a private offer of two thoufand guineas to the king, promising to reprefent them in a favourable light ; but when they, not fufpecfling his in- tention, followed his advice, and {hewed him the letter which they had wrote to their a- gerits for that purpofe, he treacheroufly re- prefented them as " difloyal rogues ;" and made them appear fo ridiculous that their a- gents were afhamed to be feen at court. However, when he had quitted the country, and had time for reflection, he grew aftiam- ed of his mifcondudl, and while he was col- ledlor at Barbadoes, made a point of treating the mailers of veffels, and other perfons who Fltchs]Nif* went thither from Pafcataqua, with particu- lar refpecL
Although the decifion of titles in Cran- field's courts had been reprefented, in the report of the lords, as extrajudicial, and a jroya.1 or4er had been thereupon iffued tr
180 HISTORY OF
1685. iufpend any farther proceedings in the cafe of Mafon, till the matter fhould be brought before the king in council, purfuant to the directions in the commiffion ; yet Barefoote fuffered executions which had before been ifliied to be extended, and perfons to be im- prilbned at Mafon's fuit. This occafioned a frefh complaint and petition to the king, which was fent by Weare, who about this time made a fecond voyage toEngland,as agent for the province and attorney to Vaughan,
ware's to manage an appeal from feveral verdi&s,
Msns- judgments, decrees and fines which had been given againll him in the courts here, one of which was on the title to his eftate. An at- tempt being made to levy one of the execu^ tions in Dover, a number of perfons forcibly refilled the officer, and obliged him to relin-
ibtss m quifh his deiign. Warrants were then iflued againft the rioters, and the fheriff with his attendants attempted to feize them, while the people were affembled for divine fervice. This caufed an uproar in the congregation, in which a young heroine diftinguiihed her- felf by knocking down one of the officers with her bible. They were all fo roughly handled that they were glad to efcape with their lives.
That nothing might be wanting to ihew the enmity of ths people to thefe. meafures,
MSS iV anc^ their hatred and contempt for the au-r thors of them ; there are ftill preferved the original depofitions on oath, of Barefoote and Mafon, relating t;o an aflault made on their perfons by Thomas Wiggen and Anthony Nutter, v/ho had been members of the aflem- u.i 30. bHT' Thcfe two m$p to. Barefooted
NEW-HAMPSHIRE. 181
houfe where Mafon lodged, and entered into 1685. difcourfe with him about his proceedings ; denying his claim, and ufing fuch language as provoked him to take hold of Wiggen, with an intention to thruft him out at the door. But Wiggen being a ftronger man feized him by his cravat, and threw him in- to the fire ; where his clothes and one of his legs were burned. Barefoote, attempting to help him, met with the fame fate, and had two of his ribs broken and one of his teeth beaten out in the flruggle. The noife alarm- ed the fervants, who at Mafon's command brought his fword, which Nutter took away, making fport of their mifery*.
Nothing elfe occurred during Barefoote's fhort administration,, except a treaty of friend- fhip, between the Indians of Penacook and Saco, on the one part ; and the people of New-Hampfhire and Maine on the other. The foundation of this treaty feems to have been laid in Cranfield's projedl of bringing down the Mohawks on the eaftern Indians ; which had once before proved a oornicious ineafure ; as they made no diftincttion be- tween thofe tribes which were at peace with the Englilh, and thole which were at wan
* A farther specimen of the contempt in which these men were held, even by the lower class of people, expressed in their own genuine language, may *>e seen in the following affidavit :
" Mary Kami, aged thirty years or thereabout, \\itnesseth, that the 21 day of March 84, being in company with Seabank Hog, I heard her say ; it was very hard for the governor of this province to strike Sam. Seavy before he spoke ; the said Hog said also that it was well the said Seavy'.s mother was not there for the governor, for if she had, there had been bloody work for him.' I heard the said Hog say also, that the governor and the rest of the gentlemen were a crew of pitiful curs, and did they want earthly honour ? if they did, she would pull off her head clothes and come in her hair to them, like a parcel of pitiful beggarly curs as they were ; come to undo us both body and soul ; they could not be contented to take our estates from us, but they .have taken away the gospel aleo, which the devil would have them for it." in th*? court of pleas held at Great Island the 7 of Nov. 1684 R. Chamberlain, Frotho*,"'
182 HISTORY OF
1685. Some of the Penacook Indians who had been at Albany after CranfiekTs journey to New- York, reported on their return, that the Mo- hawks threatened deftrudlion to all the eaft- ern Indians, from Narrhaganfet to Pechyp- fcot* Hagkins, a chief of the tribe, had in- formed Cranfield in the fpring of the danger he apprehended, and had implored afliflance and protection, but had been treated with aegledt. In Auguft the Penacook and Saco Indians gathered their corn, and removed their families ; which gave an alarm to their Englifli neighbours, as if they were prepar- ing for war. Meffengers being fent to de- mand the reafon of their movement, were informed that it was the fear of die Mo- hawks, whom they daily expedled to deftroy them ; and being afked why they did not come in among the Englifli for protection, they anfwered left the Mohawks ihould hurt the Englifli on their account. Upon this they were perfuaded to enter into an agreement ; and accordingly their chiefs being ailembled with the council of New-Hampihire, and a deputation from the province of Maine, a treaty was concluded, wherein it was ftipulaN ed, that all future perfonal injuries 011 either fide fhould, upon complaint, be immediately redrefled ; that information ihould be given of approaching danger from enemies ; that the Indians Ihould not remove their families from the neighbourhood of the Englifli with- out giving timely notice, and if they did that it ihould be taken for a declaration of war ; and, that while thefe articles were obferved, the Enelifli would ailifl and protect them a-
MSSinthe . ~ V , , , i 11
fites. gamft the Mohawks and all other enemies
NEW-HAMPSHIRE. 183
The danger was but imaginary, and the 1685. peace continued about four years.
Though Mafon was hitherto difappointed 1686* in his views of recovering the inhabited part of the province, he endeavored to lay a foun- dation for realizing his claim to the wafte lands. A purchafe having been made from the Indians, by Jonathan Tyng and nineteen others, of a tracfl of land on both fides the river Merriniack, fix miles in breadth, from Souhegan river to Winnipifeogee lake ; Ma- fon by deed confirmed the fame, referving to himfelf and his heirs the yearly rent of April i& ten (hillings. This was called the million acre purchafe. About the fame time he ^f"' farmed out to Hezekiah Uflier and his heirs, 419- the mines, minerals, and ores within the lim- its of New-Hamp{hire, for the term of one thoufand years ; referving to himfelf one quarter part of the royal ores, and one fev- enteenth of the bafer forts ; and having put Jj^Jjf* ^ his affairs here in the beft order that the times would admit, he failed for England, to attend the hearing of Vaughan's appeal to the king.
184 HISTORY OF
CHAP. IX.
The administration of Dudley as President* and Andro&sc as governor of New-England. — MaoorSs farther attemfitj—His disafifiointment and death.— -Revolutions— Sale to Allen. -~-Hi* commission for the government.
\VHEN an arbitrary government is determined to infringe the liberty of the people, it is eafy to find pretences to fupport the moft unrighteous claims. King Charles the fecond in the latter part of his reign was making large flrides toward defpotifm. Char- ters, which obftrudled his pernicious views, were by a perverfion of the law decreed for- feited. The city of London, and moft of the corporations in England, either fuffered the execution of thefe fentences, or tamely fur- rendered their franchifes to the all-grafping hand of power. It could not be expelled that in this general wreck of privileges the colonies of New-England could efcape. The people of Maflachufetts had long been view- ed with a jealous eye. Though the king had
page 377. repeatedly allured them of his protection, and folemnly confirmed their charter privileges ; yet their fpirit and principles were fo totally diilbaant to the corrupt views of the court, that intriguing men found eafy accefs to the royal ear, with complaints againft them. Of thefe the moft inveterate and indefatigable
vol. i.'page was Randolph, who made no lefs than eight voyages in nine years acrofs the Atlantic, on this mifchievous bufinefs. They were ac- cufed of extending their jurifdiclion beyond die bounds of their patent ; of invading tho
NEW-HAMPSHIRE. Jg5
prerogative by coining money ; of not al- lowing appeals to the king from their courts ; and, of obftructing the execution of the nav- igation and trade laws. By the king's com- mand agents were fent over to anfwer to thefe complaints. They found the prejudice a- gainft the colony ib ftrong, that it was in vain to withiland it ; and folicited inftruc- tions whether to fubmit to the king's pleafure, or to let the proceedings againft them be if- fued in form of law. Afolernn confultation being held, at which the clergy aflifted, it was determined " to die by the hands of others " rather than by their own." Upon notice of this, the agents quitted England ; and 1683. Randolph, as the angel of death foon follow- °ctobel ed them, bringing a writ of quo warranto from the king's bench ; but the fcire facias which iffued from the chancery did not ar- rive till the time fixed for their appearance was elapfed : This however was deerhed too trivial an error to flop the proceedings ; judg- ment was entered againft them, and the char- ter declared forfeited.
The king died before a new form of gov- 168& ernment was fettled ; but there could be no Feb. e. hope of favor from his fucceflbr, who inher- ited the arbitrary principles of his brother, and was publicly known to be a bigoted papift.
The intended alteration in the government was introduced in the fame gradual manner as it had been in New-Hampihire. A com- miflion was iffued, in which Jofeph Dudley, efquire, was appointed prefident of his maj- efty's territory and dominion of New-Eng-.
land 5 William Stoughton, deputy prefident j z
186 HISTORY OF
1685. Simon Bradftreet, Robert Mafon, John Fitz Winthrop, John Pynchon, Peter Bulkley, Edward Randolph, Wait Winthrop, Richard Warton, John Ufher, Nathaniel Saltonftall, Bartholomew Gedney, Jonathan Tyng, Dud- ley Bradftreet, John Hinckes, and Edward Tyng, councilors. Their jurifdidlion ex- tended over Maffachufetts, New-Hampfhire, Maine and the Narrhaganfet or King's prov- ince. Thefe gentlemen were moilly natives of the country, fome of them had been mag- iftrates, and one of them governor under the charter. No houfe of deputies was mention- ed in the commiflion.
1 686. The new form of government took place on the twenty fifth day of May ; and on the tenth of June an order of council was iffued for fettling the county courts, which confifU ed of fuch members of the council as refided in each county, and any others of them who might be prefent ; with fuch juftices as were commiffioned for the purpofe. Thefe courts had the power of trying and ifluing all civil caufes, and all criminal matters under life or limb ; from them an appeal was allowed to - a fuperior court held three times in the year at Bofton, for the whole territory ; and from thence appeals, in certain cafes, might be had to the king in council. Juries were pricked by the marfhal and one juftice of each coun- ty, in a lift given them by the feledlmen of the towns. A probate court was held at Bofton, by the prefident, and " in the other " provinces and remote counties" by a judge and clerk appointed by the prefident. The territory was divided into four counties, viz. Suffolk, Middlefex, Effex and Hampfhire ;
NEW-HAMPSHIRE, 187
and three provinces, viz. New-Hampfture, 1686. Maine, and King's province. By another or- printed or-
. r dersinthe
der of the lame date, town-taxes could not be files. aflefled but by allowance of two juilices j and the members of the council were exempt- ed from paying any part thereof.
Things were conduced with tolerable de- cency, and the innovations were rendered as little grievous as poffible ; that the people might be induced more readily to fubmit to the long meditated introduction of a gover- nor-general.
In December following, Sir Edmund An- drofTe who had been governor of New- York, arrived at Bofton with a comnuffion, appoint- ing him captain-general and governor in chief of the territory and dominion of New- England, in which the colony of Plymouth was now included. By this commiflion, the governor with his council, five of whom were a quorum, were impowered to make fuch laws, impofe fuch taxes, and apply them to fuch purpofes as they fhould think proper. They were alfo empowered to grant lands on M8 Copy fuch terms, and fubjedt to fuch quit-rents, as of the com- fhould be appointed by the king. Invefted ™ with fuch powers, thele men were capable of the moil extravagant adlions. Though An- droffe, like his mafter, began his adminiftra- tion with the faireft profeflions, yet like him, he foon violated them, and proved himfelf a fit mftrument for accomplifhing the moft exe- crable defigns. Thofe of his council who were backward in aiding his rapacious intentions were negledled. Seven being fufficient for a full board, he feleded fuch only as were de~ voted to him, a^d with their concurrency did,
188 HISTORY OF
01 ^
1686. what he pleafed. Randolph and Mafbn were Hutciun. at £rfl. among his confidants ; but afterward 844. when New- York was annexed to his govern- papkp'sw. nient, the members from that quarter were
moft in his favour.
1687. To particularize the many inftances of ty- ranny and oppreffion which the country fuf- fered from thefe men, is not within the de- fign of this work. Let it fuffice to obferve, that the prefs was reftrained ; liberty of con- fcience infringed ; exorbitant fees and taxes, demanded, without the voice or confent of the people, who had no privilege of reprefen- tation. The charter being vacated, it was pretended that all titles to land were annul- led ; and as to Indian deeds, Androfle declar- ed the in no better than " the fcratch of a
ustified, P. bear's paw." Landholders were pbliged to take out patents for their eftates which they had pofleffed forty or fifty years ; for thefe patents extravagant fees were exacted, and thofe who would not fubmit to this impofi- tiori had writs of intruiion brought againft them, and their land patented to others. To hinder the people from confultiiig about the rfedrcfs of their grievances, town-meetings were prohibited, except one in the month of May for the choice of town officers ; and to prevent complaints being carried to England, no perfon was permitted to go out of the country without exprefs leave from the gov- ernor. But iiotwithftandiiig all the vigilance of the governor, his emiffaries and his guards, tlle Tefolute and indefatigable Increafe Math- er, minifter of the fecond church in Eofton, and preiident of the college, got on board a fliip and failed for England, with complaints
NEW-HAMPSHIRE. 189
in the name of the people againft the gover- 1687, nor, which he delivered with his own hand to the king ; but finding no hope of redrefs, he waited the event of the revolution which was then expedled.
When the people groaned under fo many 1688* real grievances, it is no wonder that their fears and jealoufies fuggefted fome that were im- aginary. They believed AndrofTe to be a pa- pifl ; that he had hired the Indians, and fup- plied them with ammunition to deftroy their Revoiuti0n frontier fettlements ; and that he was prepar- justified, P/ ing to betray the country into the hands of the French. At the fame time, the large (hides that King James the fecond was mak- ing toward the eftablifhment of popery and defpotifni, raifed the moft terrible apprehen- fions ; fo that the report of the landing of the Prince of Orange in England was received here with the greateft joy. AndrofTe was fo alarmed at the news, that he imprifoned the man who brought a copy of the prince's de- claration, and publifhed a proclamation com- manding all perfons to be in readinefs to op- pofe " any invafion from Holland," which met with as much difregard as one he had it- fued before, appointing a day of thankfgiv- ing for the birth of a Prince of Wales.
The people had now borne thefe innova- tions and impositions for about three years : Their patience was worn out, and their na- tive love of freedom kindled at the profpedl of deliverance. The news of a complete revo- lution in England had not reached them ; yet fo fanguine were their expectations, fo eager were they to prove that tiiey were animated py the fame fpirit with their brethren at home.
190 HISTORY OF
1689. that upon the rumour of an intended mafia- ere in the town of Bofton by the governor's guards, they were wrought up to a degree of fury. On the morning of the eighteenth of April the town was in arms, and the country flocking in to their affiftance. The governor, and thofe who had fled with him to the forty were feized and committed to prifon. The gentlemen who had been magiflrates under the charter, with Bradftreet, the late gover- nor, at their head, afTumed the name of a council of fafety, and kept up a form of gov- ernment, in the exigency of affairs, till or- ders arrived from England ; when AndroflTe and his accomplices were fent home as prif- oners of flate, to be difpofed of according to the king i plealure.
The people of New-Hampfhire had their (hare of fufferings under this rapacious ad- miniftration ; and Mafon himfelf did not efcape. Having attended the hearing of Vaughan's appeal to the king which was de- cided in Mafon's favour ; the judgment ob- Sov. e, tained here, being affirmed ; and having now the faireft profpedl of realizing his claim, he returned hither in the fpring of 1687, but found his views obftrufted in a manner which he little expected. The government was in the hands of a fet of hungry harpies, who looked with envy on the large fhare of COL papers, territory which Mafon claimed, and were for f. 564. parceling it out among themfelves. The new judges delayed iffuing executions on the judgments which he had formerly recovered, and the attorney-general, Graham, would not allow that he had power to grant landti by leafes, This confirmed the people in
NEW-HAMPSHIRE, 191
their opinion of the invalidity of his claim, 1689* and rendered them (if poflible) more averfe from him than ever they had been, At length, MS ^ s however, he obtained from Dudley the chief Court juftice, a writ of certiorari, directed to the late judges of New-Hampfhire, by which his caufes were to be removed to the fupreme Jul| 13 court of the whole territory, then held at Bofton ; but before this could be done, death put an end to his hopes and relieved the peo- ple for a time of their fears. Being one of Sir Edmund's council, and attending him on ^'" a journey from New- York to Albany ; he di- Hutcb ed at Efopus, in the fifty ninth year of his SQS. ' age ; leaving two fons, John and Robert, the heirs of his claim and controverfy. 566.
The revolution at Bofton, though extreme- ly pleafing to the people of New-Hampfhiref left them in an imfettled ftate. They waited the arrival of orders from England ; but none arriving, and the people's minds being un- eafy, it was propofed by fome of the princi- pal gentlemen, that a convention of deputies from each of the towns fhould confider what was be ft to be done. The convention-par- liairient in England was a fufficient precedent* to authorize this proceeding. Deputies were accordingly chofeu* and inftrudled to refblve
* The members of this convention were,
For Portsmouth. John Tuttle,
Major William Vaughar^ Jblm Roberts,
Richard Waldron, Thomas Edgerly.,
Nathaniel Fryer, Nicholas Fellet.
Robert Eliot, For Exeter.
Thomas Cobbett, Robert Wadley,
Capt. John Pickeriaj, William Mare,
For Dover. Samuel Leavitt.
Capt. John Woodman, [Portsmouth, Dover an4 Exeter
Capt. Juhn Gerrish, Records.]
It does not appear from Hampton records whether they joined in this COR- Tentio,-}, or returned .imrriaii'Ateiy to the government of M«s?acbusett.s,
192 HISTORY OF
1690. upon fome method of government. At their ^r^ meeting they came to no conclufion ; but afterward they thought it beft to return to their ancient union with Maflachufetts. A
cords. petition for this purpofe being prefented, they were readily admitted ; till the king's pleaf-
March 12. ure fhould be known and members were fent to the general court which met there in this and the two following years. The gentlemen who had formerly been in commiflion for the peace, the militia and the civil offices, were by town votes, approved by the general court, reftored to their places, and ancient laws and cuftoms continued to be obferved. Had the inclination of the people been
1691. confulted, they would gladly have been an- nexed to that government. This was well
i Mather's ^nown to Mather and the other agents, who ufe, page when fbliciting for a new charter, earneftly requefted that New-Hampfhire might be in- cluded in it. But it was anfwered that the voTi/p' people had expreiled an averfion from it and 41 2- defired to be under a diftincT: government. This could be founded only on the reports which had been made by the commiffioners in 1665, and by Randolph in his narrative. The true reafon for denying the requefl was ; April 27. that Mafon's two heirs had fold their title to the lands in New-Hampfhire to Samuel Al- len of London, merchant ; for feven hundred and fifty pounds, the entail having been pre- MSinSup. vioufly docked by a fine and recovery in the Court files. COUrt of king's ben ch ; and Allen was now foliciting a recognition of his title from the crown, and a commiflion for the government of the province. When the inhabitants were informed of what was doing, they again af
198
(embled by deputies in convention, and lent 1691, over a petition to the king, praying that they might be annexed to MafTachufetts. The pe- tition was prefented by Sir Henry Afhurft, and they were amufed with fome equivocal
• r r r r i i i j? x T • Hutehinson
promiies or lucceis by the earl or Netting- voi. 2. p. e ham ; but Allen's importunity coinciding with the king's inclination, effectually fruf- trated their attempt. The claim which Al- len had to the lands from Naumkeag to three miles northward of Merrimack, was noticed in the MafTachufetts charter ; and he obtain- ed a commiflion for the government of New- Hampihire, in which his fon in law John Ufher, then in London, was appointed lieu- tenant governor, with power to execute the cominiflion in Allen's abfence. The counfel- lors named in the governor's inftruclions were John Ufher, lieutenant governor, John Hinckes, Nathaniel Fryer, Thomas Graffort, Peter Coffin, Henry Green, Robert Eliot, John Gerrifh, John Watford and John Love. The governor was inftru6ted to fend to the fecretary of ftate the names of fix other perfons fuitable for counfellors. Three were a quo- rum, but the inftrudlions were that nothing iliould be done unlefs five were prefent ex- cept in extraordinary emergencies. Major Vaughan, Nathaniel Weare and Richard MS copy Waldron were afterward added to the c0undi&C
number. minutes.
The council was compofed of men who, in general, had the confidence of the people ; but Ufher was very difagreeable, not only as he had an iiiterefl in Allen's claim to the lands, but as he had been one of Sir Edmund
194 HISTORY OF
1692. Androfle's adherents, and an aftive inflru- ment in the late oppreffive government. He arrived with the commiflion and took upon him the command, on the thirteenth day of Auguft, The people again fubmitted, with extreme reludlance, to the unavoidable necef- fity of being under a government diftincfl from Maflachufetts.
The year 1692 was remarkable for a great mortality in Portfmouth and Greenland by the fmall pox. The infection was brought in bags of cotton from the Weft-Indies, and there being but few people who were ac- MS Letter, quaiuted with it, the patients fuffered great- ly, and but few recovered.
NEW-HA.MPSHIRE.. 195
CHAP. X.
The war with the French and Indians^ commonly called King WUKam's war.
was the misfortune of this country to have enemies of different kinds to contend with at the fame time. While the changes above related were taking place in their government, a frefli war broke out on their frontiers, which, though afcribed to divers caufes, was really kindled by the raflv- nefs of the fame perfons who were making havock of their liberties.
The lands from Penobfcot to Nova-Scotia had been ceded to the French, by the treaty of Breda, in exchange for the ifland of St. Hutchi Chriftopher. On thefe lands the Baron de ooii. pap' St. Caftine had for many years refided, and p* 548' carried on a large trade with the Indians ; with whom he was intimately connedled ; having feveral of their women,befide a daugh- ter of the fachem Madqkawando, for his wives. The lauds which had been granted by the crown of England to the duke of York (now King James the fecond) interfer- ed with Caftine's plantation, as the duke claimed to the river St. Crpix. A fort had been built by his order at Pemaquid, and a garrifon ftationed there to prevent any intru- fion on Ms property. In 1686 a fliip belong- ing to Pafcataqua landed fome wines at Pe- nobfcot, fuppofing it to be within the French territory. Palmer and Weft, the duke's agents at Pemaquid, went and feized the wines ;
196 HISTORY OF
but by the influence of the French ambaffa- dor in England, an order was obtained for the reftoration of them. Hereupon a new line was run which took Caftine's plantation into the duke's territory. In the fpring of
1688, 1688, Androfle went in the Rofe frigate, and plundered Caftine's houfe and fort ; leaving only the ornaments of his chapel to confolc? him for the lofs of his arms and goods. This bafe a<5lion provoked Caftine to excite *^e Indians -to a new ^al% pretences for
P. 562. which were not wanting on their part. They complained that the tribute of corn which had been promifed by the treaty of 1678, had beon withheld ; that the fifhery of the river Saco had been obftru&ed by feines ; that their (landing corn had been devoured by cattle belonging to the Englifh ; that their lands at Pemaquid had been patented with- out their confent ; and that they had been fraudulently dealt with in trade. Some of thefe- complaints were doubtlefs well ground- ed ; but none of them were ever enquired into or redrefled.
They hegan to make reprifals at North Yarmouth by killing cattle. Juftice Black- mail ordered fixteen of them to be feized and • keptAincler guard at Falmouth ; but othen continued to rob and captivate the inhabi- tants. Androfle, who pretended to treat the Indians with mildnefs., commanded thofe whom Blackmail had feized to be fet at lib- erty. But this mildnefs had not the defired effect ; the Indians kept their prifoners, and murdered ibme of them in their barbarous frolicks. Androfle then changed his meaf- ures, and thought to frighten them, with an
NEW-HAMPSHIRE. 197
\
army of feven hundred men, -which 4ie led 1688. into their country in the month of Novem- ber. The rigor of the feafon proved fatal to fome of his men ; but he never faw an In- dian in his whole march. The enemy were quiet during the winter.
After the revolution, the gentlemen who 1689. affumed the government took ibme precau- tions to prevent the renewal of hoftilities. They fent mefTengers and prefents to feveral Bribes of Indians, who anfwered them with fair promifes ; but their prejudice againft the Englifli was too inveterate to be allayed by fuch raeans as thefe.
Thirteen years had almoft elapfed fince the feizure of the four hundred Indians, at Co- checho, by Major Waldron ; during all which time an inextinguifhable thirft of revenge had been cheriihed among them, which nev- er till now found opportunity for gratifica- tion*. Wonolanfet, one of the fachems of Peiiacook, who was difmifled with his people at the time of the feizure, always obferved his father's dying charge not to quarrel with the Englifli ; but Hagkins, another fachem, who had been treated with negledl by Cran- field, was more ready to liften to the feduc- ing invitations of Caftine's emifTaries. Some of thofe Indians, who were then feized and fold into flavery abroad, had found their way home, and could not reft till they had revenge. Accordingly a confederacy being formed be-
* The inveteracy of their hatred to Major Waldron on account of that .transaction, appears from what is related by Mr. Williams in the narrative of his c nptivity, which happened in 1704. When he was in Canada, a Jesu- it discoursing with him on the causes of their wars with New-England, " justified the Indians in what they did against us ; rehearsing some things- "clone by Major Waldron above 30 years ago, and how justly God retaliated -''them." Page 18.
198 HISTORY OF
1689. tween the tribes of Penacook and Pigwacket, and the ftrange Indians (as they were called) who were incorporated with them, it was de- termined to furprife the major and his neigh- bours, among whom they had all this time been peaceably converfant.
In that part of the town of Dover which lies about the firft falls in the river Cochecho, were five garrifoned houfes ; three on the North fide, viz. Waldron's Otis' and Heard's ; and two on the fouth fide, viz. Peter Coffin's and his fon's. Thefe houfes were furround- ed with timber-walls, the gates of which, as well as the houfe doors, were fecured with bolts and bars. The neighbouring families retired to thefe houfes by night ; but by an unaccountable negligence,no watch was kept. The Indians who were daily pafling through the town vifiting and trading with the in- habitants, as ufual in time of peace, viewed their fituation with an attentive eye. Some hints of a rnifchievous defign had been given out by their fquaws ; but in fuch dark and ambiguous terms that no one could compre- hend their meaning. Some of the people were uneafy ; but Waldron who, from a long courfe of experience, was intimately acquaint- ed with the Indians, and on other occafions liad been ready enough to fufpedl them, was now fo thoroughly fecure, that when fome of the people hinted their fears to him, he mer- rily bad them to go and plant their pump- kins, faying that he would tell them when the Indians would break out. The very evening before the mifchief was done, being told by a young man that the town was full of Indians and the people were much coiv
NEW-HAMPSHIRE. 199
cerned ; he anfwered that he knew the In. 1689. dians very well and there was no danger.
The plan which the Indians had precon- certed was, that two fquaws Ihould go to each of the garrifbned houfes in the evening, and afk leave to lodge by the fire ; that in the night when the people were afleep they ihould open the doors and gates, and give the fignal by a whiftle ; upon which the flrange Indians, who were to be within hearing, ihould rufh in, and take their long meditat- ed revenge. This plan being ripe for execu- tion, on the evening of Thurfday the twen- ty feventh of June, two fquaws applied to each of the garrifons for lodging, as they fre- quently did in time of peace. They were admitted into all but the younger Coffin's, and the people, at their requeft, fhewed them how to open the doors, in cafe they ftiould have occafion to go out in the night. Mefan- dowit, one of their chiefs, went to Waldron's garrifon, and was kindly entertained, as he had often been before. The fquaws told the major, that a number of Indians were com- ing to trade with him the next day, and Me- fandowit while at fupper, with his ufual fa- miliarity, faid, ' Brother Waldron, what would 4 you do if the ftrange Indians fhould come ?' Tfte major carelefsly anfwered, that he could aflemble an hundred men, by lifting up his finger. In this unfufpedling confidence the family retired to reft.
When all was quiet, the gates were opened and the fignal given. The Indians entered, let a guard at the door, and rufhed into the major's apartment, which was an inner room. Awakened by the noife, he jumped out of bed, and though now advanced in life to the
#00 HISTORY Of
1689* age of eighty years, he retained fo much vig- our as to drive them with his fword, through two or three doors ; but as he was returning for his other arms, they came behind him, ftunned him with a hatchet, drew him into his hall, and feating him in an elbow chair on a long table infulringly afked him, " Who " {hall judge Indians now ?" They then obliged the people in the houfe to get them fome vi&uals ; and when tliey had done eat- ing, they cut the major acrofs the breaft and belly with knives, each one with a {broke, faying, " I crofs out my account." They then cut off his nofe and ears, forcing them into his mouth ; and when fpent with the lofs of blood, he was falling down from the table, one of them held his own fword under him, which put an end to his mifery. They alfo killed his fon in law Abraham Lee ; but took his daughter Lee with feveral others, and having pillaged the houfe, left it On fire, Otis's garrifon, which was next to the major's^ met with the fame fate ; he was killed, with feveral others, and his wife and child were captivated. Heard's was faved by the bark- ing of a dog juft as the Indians were enter- ing : Elder Wentworth, who was awakened by the noife puflied them out, and fall ing on his back, fet his feet againft the gate and held it till he had alarmed the people ; two balls were fired through it but both miffed him. Coffin's houfe was furprized, but as the Indians had no particular enmity to hin% they fpared his life, and the lives of his fam- ily, and contented themfelves with pillaging the houfe. Finding a bag of money, they made him throw it by handfuls on the floor.
NEW-HAMPSHIRE. 201
while they amufed themfelves in fcranxbliag 1689, for it. They then went to the houfe of his iba who would not admit the fquaws in the evening, and fummoned him to furreiider, promifing him quarter : He declined their after and determined to defend his houf^, till they brought out his father and threat- ened to kill him before his eyes : Filial af- fedlioii then overcame his resolution, and he furrendered. They put both families toge- ther into a deferted houfe, intending to re- lerve them for prifoners ; but while the In- dians were bufy in plundering, they all ef- caped.
Twenty three people were killed in this furprifal, and twenty nine were captivated j five or fix houfes, with the mills, were burn- ed ; and fo expeditious were the Indians in the execution of their plot, that before the people could be collected from the other parts of the town to oppofe them, they fled with their prifoners and booty. As they panned by Heard's garrifon in their retreat, they fired upon it ; but the people being prepared and refolved to defend it, and the enemy being in hafte, it was preferved. The prefervatioii of its owner was more remark- able.
Elizabeth Heard, with her threg fons and # daughter, and fome others, were returning in the night from Portfmouth. They pa£ fed up the river in their boat unperceived by the Indians, who were then in poffeffion of the houfes ; but fufpedling danger by the noife which they heard, aftef they had land- ed they betook themfelves to Waldron's gar- rifon, where they faw lights, which they
B B '
202 HISTORY OF
1689. imagined were fet up for direction to thofe wiio might be feeking a refuge. They knocked and begged earneflly for admiflion ; but no anfwer being given, a young man of the company climbed up the wall, and law, to his inexprefiible furprize, an Indian Hand- ing in the door of the houfe, with his gun. The woman was fo overcome with the fright that fhe was unable to fly ; but begged her children to fliift for themfelves ; and they with heavy hearts, left her. When fhe had a little recovered fhe crawled into forne bufhes, and lay there till day-light. She then perceived an Indian coming toward her with a piftol in his hand ; he looked at her and went away : returning, he looked at her again ; and fhe afked him what he would have ; he made no anfwer, but ran yelling- to the houfe, and fhe faw him no more. She kept her place till the houfe was burned, and the Indians were gone ; and then returning home, found her own houfe fafe. Her pref- ervation in thefe dangerous circumftances was more remarkable, if (as it is fuppofed) it was an inftance of juftice and gratitude in the Indians. For at the time when the four or hundred were feized in 1676, a young In- dian efcaped and took refuge in her houfe, where fhe concealed him ; in return for which kindnefs he promifed her that he would never kill her, nor any of her family in any future war, and that he would ufe his influence with the other Indians to the fame purpofe. This Indian was one of the party who furprized the place, and fhe was vvell known to the moft of them.
NEW-HAMPSHIRE, 203
The fame day, after the mifchief was done, 1689. a letter from Secretary Addington, written by order of the government, directed to Major Waldron, giving him notice of the intention of the Indians to furprize him under pre- tence of trade, fell into the hands of his fon. This defign \yas communicated to Governor Massa.Reg, Bradftreet by Major Henchman of Chelms- ford, who had learned it of the Indians. The letter was difpatched from Bofton, the day original before, by Mr. Weare ; but fome delay which Letta? he met with at Newbury ferry prevented its -arrival in feafon.
The prifoners taken at this time were moiily carried to Canada, and fold to the French ; and thefe, fo far as I can learn, were the firft that ever were carried thither*.
* One of these prisoners was Sarah Gerrish, a remarkably fine child of seven years old, and grand-daughter of Major Waldron, in whose house she lodged that fatal ni;fht. Some circumstances attending her captivity are truly affecting. When she was awakened by the noise of the Indians in the fiouse, she crept into another bed and hid herself under the clothes to escape their search. She remained in their hands till the next winter, and was sold from one to another for several times. An Indian girl once pushed her into a river ; but, catching by the bushes, she escaped drowning, yet durst not tell how she came to be wet. Or.ce she was so weary with travelling that she did not awake in the morning till the Indians were gone, and then found herself alone in the woods,' covered with snow, and without any food ; having found their tracks she went crying after them till they heard her and took her with them. At another time they kindled a great fire, and the young Indians told Tier she was to be roasted. She burst into tears, threw her arms round her master's neck, and begged him to save her, which he promised to do if she would behave well Being arrived in Canada, she was bought by the In* iendant's lady, who treated her courteously, and sent her to a nunnery for education. But when Sir William Phips was at Quebec she was exclianged, and returned to her friends, with whom she lived till she was sixteen years old.
The wife ©f Richard Otis was taken at the same time, with an infant daughter of three months old. The French priests took this child under their care, baptized her by the name of Christina, and educated her in the Romish religion. She passed some time in a nunnery, but declined taking the veil, Jjnd was married to a Frenchman, by whom she had two children. But heir .desire to see New-England wss so strong, that upon an exchange of prison- ^rs in 1714, being then a widow, she left both her children, who were not permitted to come with her, a.nd returned home, where she abjured the Romish faith. M. Siguengt, her former confessor, wrote her a flattering let- ter, warning her of her danger, inviting her to return to the bosom of the* catholic church, and repeating many gross calumnies which had formerly ented against Luther and the other reformers. This letter
204 HISTORY
1689. The Indians had been feduced to the French interefl by popilh emiflaries, who had began to fafcinate them with their religious and na- tional prejudices. They had now learned to call the Engliih hereticks, and that to extir- pate them as fuch was meritorious in the fight of heaven. When their minds were filled with religious phrenzy, they became more bitter and implacable enemies than be- fore ; and finding the fale of fcalps andprif- oners turn to good account in Canada, they had ftill farther incitement to continue tiheij* depredations, and profecute their vengeance. The neceffity of vigorous meafures was now fo preffing, that parties were immedi- ately difpatched, one under Captain Noyes to Penacook, where they deftroyed the corn, but the Indians efcaped ; another from Paf- cataqua, under Captain Wincal, to Winnipi-f feogee, whither the Indians had retired, as John Church, who had been taken at Co- checho and efcaped from them, reported : One or two Indians were killed there, and their com cut down. But thefe excurfions proved of fmall fervice, as the Indians had little to lofe, and could find an home where- ever they could find game and fiih.
In the month of Auguft Major Swaine, with feven or eight companies railed by the
shewn to Governor Rurnet, he wrote her a sensible and masterly answer, re- - futing1 the arguments, and detecting the falsehoods it contained : Both these letters were printed. She was married afterward to Capt. Thomas Baker who had been taken at Deerfield in 1704, and lived in Dover, where she wa-i born, till the year 1773.
Mr. John n* rron, by declining to lodge at Major Waldron's on the fetal Slight, though strongly urged; met with an liappy escape. He was afterward a minister at Nc-v-J'.N..' tl" ami Port«mnu<h.
*** Some of the circumstances relating to thy destruction of Cochecho are taken from Mather's Magiia'i.i. The others from ihe tr-rlition of s and
NIEW^HAMPSHIRE.
Maflachufetts government, marched to the 1689. eaftward ; and Major Church, with another party, confifting of Engliih and Indians, from the colony of Plymouth, foon followed them. While thefe forces were on their march, the Indians, who lay in the woods about Oyfter river, obferved how many men belonged to Hucking's garrifon ; and feeing them all go out one morning to work, nimbly ran -be- tween them and the h^ufe, and killed taein all (being in number eighteen) .except one who had palled the brook. They then at- tacked the houfe, in which were only two boys (one of w .horn, was lame) with fome women and children. The boys kept them off for fome time and wounded feveral of them. At length the Indians fei: the houfe on fire, and even then the boys would not Surrender till they had prornifed them to fpare their lives. They perfidioufly murder- ed three or four of the children ; one of them was fet on a fharp (lake, in the view of its diftrefled mother, who with the other women and the boys were carried captive. One of the boys efcaped the next day. Cap- tain Garner with his company purfued the enemy, but did not come up with them.
Ttie MaiTachufetts and Plymouth compa- nies proceeded to the eaftward, fettled garri- fons in convenient places, and had fome ikir- jnimes with the enemy at Cafco and Blue Point. On their return, Major Swaine fent a party of the Indian auxiliaries under Lieu- tenant Flagg toward Winnipifeogee to make (Jifcoveries. Thefe Indians held a confulta- tion in their own language ; and having per- fuaded their lieyitenent with two men to re-
206 HISTORY OF
1689. turn, nineteen of them tarried out clever* , days longer ; in which time they found the enemy, ftaid with them two nights, and in- formed them of every thing which they de~ fired to know ; upon which the enemy re- tired to their inacceflible deferts, and the forces returned without finding them, and in November were difbanded.
Nothing was more welcome to the diftref- fed inhabitants of the frontiers than the ap- proach of winter, as they then expecfled a refpite from their fufferings. The deep fnows and cold weather were commonly a good fecurity againft an attack from the In- dians ; but when refolutely fet on mif- chief , and inftigated by popifh enthufiafm, no obftacles cotild prevent the execution of their purpofes.
1690* The Count de Frontenac, now governor of Canada, was fond of diftinguifhing him- felf by fome enterprizes againll the Ameri- can fubjedls of King William, with whom his mailer was at war in Europe. For this purpofe he detached three parties of French and Indians from Canada in the winter, who were to take three different routes into the Englifli territories. One of thefe parties marched from Montreal and deflroyed Sche- nectada,a Dutch village on the Mohawk river, in the province of New- York. This adlioa which happened at an unufual time of the year, in the month of February, alarmed the whole country ; and the eaftevn fet dements were ordered to be on their guard, On the eighteenth day of March, another party which came from Trois Rivieres, under the command of the Sieur Hertel, an officer o$
NEW-HAMPSHIRE, 20t
great repute in Canada, found their way to 1690- Salmon falls, a fettlement on the river which divides New-Hampfhire from the province of Maine. This party confifted of fifty two men, of whom twenty five were Indians un- der Hoophood, a noted warrior. They be- gan the attack at day-break, in three differ- ent places. The people were furprized ; but flew to arms and defended themfelves in the garrifoned houfes, with a bravery which the enemy themfelves applauded. But as in all fuch onfets the affailants have the great- eft advantage, fo they here proved too flrong for the defendants ; about thirty of the braveft were killed, and the reft furren- dered at difcretion, to the number of fifty four, of whom the greater part were women and children. After plundering, the enemy burned the houfes, mills and barns, with the cattle* which were within doors, and then retreated into the woods, whither they were purfued by about one hundred and forty men, fuddenly collected from the neighbour- ing towns, who came up with them in the afternoon at a narrow bridge on Woofter's river. Hertel expelling a purfuit, had pofted his men advantageouily on the oppofite bank. The purfuers advanced with great intrepidity, and a warm engagement enfued, which lafted till night, when they retired with the lofs of four or five killed; the enemy by their own account
in ,' i TT -o i Oliarievou-
lolt two, one or whom was Hertel s nephew ; irv.7.P.74, his fon was wounded in the knee ; another Frenchman was taken prifoner, who was fo
* Charlevcix says they burned <s twenty-seven houses and two thousand iiead of cattle in the hams." The number of building's, including mills- barns and other outhouses, might amount to rear twenty ; but the number of cattle as he gives it, is incredible.
HISTORY OF
1690. tenderly treated that he embraced die prote£ tant faith, and remained in the country. Hertel on his way homeward met with a third party who had marched from Quebec, and joining his company to them attacked and deftroyed the fort and fettlement at Caf- co, the next May. Thus the three expedi- tions planned by Count Frontenac proved iiiccefsful ; but the glory of them was much taniimed by afts of cruelty, which chriftians ihould be afhamed to countenance, though perpetrated by favages*.
After the dcftruction of Cafco the eaftern fettlements were all deferted, and the people
* The following instances of cruelty exercised towards the prisoners taken at Salmon falls are mentioned by Dr. Mather.
Robert Ru; eri, a ci.a-pulent man, being unable to carry the burden which the Indiana imposed up.on him, threw it in the path and went aside in the woods to conceal himself. They found him by his track, stripped, beat and pricked him with their swords ; then tied him to a tree and danced round l»im till they had kindled a five. They gave him time to pray, and take leave of his fellow prisoners who were placed round tbe fire to see his death. They pushed the fire toward him, and when he way almost stifled, took it away to give him time to breathe, arid thus prolong his misery ; they drown- ed his dying groans \\iih their hideous singing and yelling; all the while dancing row ml the live, cutting of! pieces of his flesh and throwing them ia* his face. When he was dead they left his body broiling on the coals, in which state it was found by his friends, and buried.
Mehetabel Goodwin was taken with a child of five months old. When it cried they threatened to kill it, wliich made the mother go aside and sit for hours together in the snow to lull it to sleep ; her master seeing that this hindered her from travelling, took the child, struck its head against a tree, and hung it on one of the branches ; she would have buried it but he would not let her, telling her that if she came again that way she might have the pleasure of seeing it. She was carried to Canada, and after five years return- ed home.
Mary PTai^ted was taken out of her bed, having lain in but three weeks.— They made her travel with them through the snow, and •' to ease her of her burden," as they said, struck the child's head against a tree, and threw it in- to a river.
An anecdote of another kind may relieve the reader after these tragical ac- counts. Thomas Toogood was pursued by three Indians and overtaken by one of them, who having enquired his name, was preparing strings to bind him. holding his gun under his arm, which Toogood seized a r.d went back- ward, keeping the gun presented at him, and protesting that he would shoot him if he alarmed the others who had stopped on the opposite ,sH<> of the hill. By this dexterity he escaped and got safe into Cochecho : while his adversary had no recompense in his power but to call after him by tivt ^a»ne of .A' When he returned to his companions without g-un or prisoner, their derisipn made his misadventure the more grievous.
NEW-HAMPSHiRE. 209
retired to the fort at Wells. The Indians 1690* then came up weftward, and a party of them under Hoophood fometitne in May made an aiTault on Fox Point, [in Newiiigton] where they burned feveral houfes, killed about fourteen people, and carried away fix. They Were purfued by the captains Floyd and Mag. lib.? Greenleaf, who came up with them and re- p'73 covered fome of the captives and fpoil, after a fkirmifh in which Hoophood was wound- ed and loft his gun. This fellow was foon after killed by a party of Canada Indians who miflook him for one of the Iroquois, with whom they were at war. On the fourth day of July eight perfons \vere killed as they were mowing in a field near Lamprey river, and a lad was carried captive. The next day they attacked Captain Hiltotf s garrifon at Exeter, which was relieved by Lieutenant Bancroft with the lofs of a few of his men ; one of them, Simon Stone, received nine Mag. lib. ?. wounds with fhot, and two ftrokes of a hatch- p*7** et ; when his friends came to bury him they perceived life in him, and by the application of cordials he revived, to the amazement of all.
Two companies under the Captains Floyd and Wifwal were now fcouting, and on the fixth day of July difcovered an Indian track, which they purfued till they came up with the enemy at Wheelwright's Pond, [in Lee] where a bloody engagement enfued for fonie hours ; in which Wifwal, his lieutenant, Flagg, and ferjeant Walker, with twelve more, were killed, and feveral wounded, ftf was not known how many of the enemy?* fell, as they always carried off their dead.
C c
210 HISTORY OF
1690. Floyd maintained the fight after Wifwal's death, till his men, fatigued and wounded, drew off; which obliged him to follow. The enemy retreated at the fame time ; for when Captain Convers went to look after the wounded, he found feven alive, whom he brought in by funrife the next morning, and then returned to bury the dead. The enemy then went weflward, and in the courfe of one week killed, between Lamprey river and Almfbury, not lefs than forty people.
The cruelties exercifed upon the captives in this war exceeded, both in number and degree, any in former times. The moft healthy and vigorous of them were fold in Canada, the weaker were facrificed and fcalped ; and for every fcalp they had a pre- mium. Two inftances only are remember- ed of their releafing any without a ranfom ; Mag. 73. one was a woman taken from Fox Point, who obtained her liberty by procuring them fbm.e of the neceffaries of life ; the other was at York ; where, after they had taken many of the peopk, they reftored two aged women and five children, in return for a generous adlion of Major Church, who had (pared the lives of as many women and children when MS Letter, they fell into his hands at Amarifcogin.
The people of New-England now looked on Canada as the fource of their troubles, and formed a defign to reduce it to fubjec- tion to the crown of England. The enter- prize w^as bold and hazardous ; and had their ability been equal to the ardour of their pat- riotifm, it might probably have been accom- plifhed. Straining every nerve, they equip-
NEW-HAMPSHIRE. 211
ped an armament in fome degree equal to 1690. the fervice. What was wanting in military and naval difcipline was made up in refolu- tion ; and the command was given to Sir William Phips, an honeft man, and a friend to his country ; but by no means qualified for fuch an enterprize. Unavoidable acci- dents retarded the expedition, fo that the fleet did not arrive before Quebec till Octo- ber ; when it was more than time to return. It being impoffible to continue there to any purpofe ; and the troops growing fickly and difcouraged, after fome ineffectual parade, they abandoned the enterprize.
This difappointment was feverely felt. The equipment of the fleet and army re- quired a fupply of money which could not readily be collected, and occafioned a paper » currency ; which has often been drawn into precedent on like occafions, and has proved a fatal foufce of the moft complicated and ex- tenfive mifchief. The people were almoft difpirited with the profpedl of poverty and ruin. In this melancholy ftate of the coun- try, it was an happy circumftance that the Indians voluntarily came in with a flag of truce, and defired a ceflation of hoflilities. NOV. 29L A conference being held at Sagadahock, they brought in ten captives, and fettled a truce till the firft day of May, which they obferv- ed till the ninth of June ; when they attack- ed Storer's g.amfon at Wells, but were brave- ly repulfed. About the fame time they kil- led two men at Exeter, and on the twenty Mag 78' ninth of September, a party of them came MS Letter from the eaitward in canoes to Sandy Beach, [Rye] where they killed and captivate4
HISTORY p?
1691, twenty one perfons. Captain Sherburne of Portfmouth, a worthy officer, was this year
***'' killed at Macquoit.
The next winter, the country being alarm*
1692. £ Wjtj1 ^ deftrudion of York, fome new
Januar. 25. ^ . r \ ^
regulations were made for the general de- fence. Major Elifha Hutehinfou was ap^ pointed commander in chief of the militia ; by whofe prudent conduct the frontiers were well guarded, and fo conftant a comquinica^ tion was kept ups by ranging parties, from pne poft to another, that it became impaffi- b]e for the enemy to attack in their ufuaj way by furprife. The good effedl of this regulation was prefently feen. A young man being in the woods near Cochecho, was fired at by fome Indians. Lieutenant Wil- fon immediately went out with eighteen men ; and finding the Indians, killed or wounded the whole party excepting one. This ftruck a terror, and kept them quiet the remainder of the winter and fpring. But on the tenth day of June, an army of French and Indians made a furious attack on Storer'$ garrifoB at Wells, where Capt. Convers com- manded ; who after a brave and refolute de- fence, was fo happy as to drive tlxem off witfe great lofs.
Sir William Phtps, being now governor of Maffachufetts, continued the fame method of defence ; keeping out continual fcouts under brave and experienced officers. This kept the Indians fo quiet that, except one poor family which they took at Oyfter river, and fome fmall mifchief at Quaboag, there is no mention of any deflrucSlion made by 1693, tl^ern cluring the year 1693. Their animpf-
NEW-HAMPSHIRE. 218
ity againft New-England was not quelled ; but they needed a fpace to recruit ; fome of their principal men were in captivity, and they could not hope to redeem them with- Aug. IK out a peace. To obtain it, they came into the fort at Pemaquid ; and there entered in- to a folemn covenant ; wherein they ac- knowledged fubjedlion to the crown of Eng- land ; engaged to abandon the French in- tereft ; promifed perpetual peace ; to forbear private revenge ; to reftore all captives ; and even went fo far as to deliver hoftages for the due performance of their engagements. This peace, or rather truce, gave both fides a refpite, which both earneftly defired.
The people of New-Hampihire were much
reduced ; their lumber trade and hufbandry
being greatly impeded by the war. Fre-
quent complaints were made of the burden of
the war, the fcarcity of provifions, and the
difpiritednefs of the people. Once it is faid
f n the council minutes that they were even
ready to quit the province. The governor
was obliged to imprefs men to guard the out-
pofts ; they were fometimes difmifled for
want of provifions, and then the garrifon of-
ficers called to account and feverely punifli-
ed : Yet all this time the public debt did
not exceed four hundred pounds. In this
fituation they were obliged to apply to their
neighbours for afliftance ; but this was grant-
ed with a fparing hand. The people of
MafTachufetts were much divided and at va-
riance among themfelves, both on account
of the new charter which they had received
from King William, and the pretended
withcrafts which have made fo loud a noife
214 HISTORY OF
3693* in the world. Party and paffion had
ed the place of patriotifm ; and the defence, not only of their neighbours, but of them- felves was negledted to gratify their malig- nant humours. Their governor too had been affronted in this province, on the fol- lowing occafion.
Sir William Phips, having had a quarrel with Captain Short of the Nonfach frigate about the extent of his power as vice admi- ral, arrefted Short at Bofton, and put him on board a merchant fhip bound far England, commanded by one Tay, with a warrant to deliver him to the fecretary of ftate. The fhip put into Pafcataqua, and the Nonfuch came in after her. The lieutenant, Gary, fent a letter to Hinckes, prefident of the council threatening to imprefs feamen if Short was not releafed. Gary was arrefted and brought before the council, where he re- ceived a reprimand for his infolence. At the fame time Sir William came hither by land, went on board Tay's Ihip, and fent the cabbin-boy with a mefTage to the prefident to come to him there ; which Hinckes high- ly refented and refuf ed. Phips then demand- ed of Tay his former warrant, and iffued another commanding the re-delivery of Short to him, broke open Short's cheft, and feized his papers. This action was looked upon by fome as an exertion of power to which he had no right, and it was proposed to cite hi in before the council to anfwer for aflum-. ing authority out of his jurifdicrion. The prefident was warm ; but a majority of the the council, confidering Sir William's opin- ion that his vice admiral's cp.mixiiiliQa
NEW-HAMPSHIRE. 215
tended to this province, (though Uiher had 1693« one, but was not prcfent) and that no perfon belonging to the province had been injured, advifed the prefident to take no farther no- tice of the matter. Soon after this Sir Wil- liam drew off the men whom he had fta- tioned in this province as foldiers ; and the council advifed the lieutenant governor to apply to the colony of Connecticut for men and proviiions ; but whether this requeft was granted does not appear.
The towns of Dover and Exeter being more expofed than Portfmouth or Hampton, fuffered the greatefl mare in the common ca- lamity. Nothing but the hope of better times kept alive their fortitude. When ma- ny of the eaftern fettlements were wholly broken up, they flood their ground, and thus gained to themfelves a reputation which their pofterity boaft of to this day.
The engagements made by the Indians in 1694. the treaty of Pemaquid, might have been performed if they had been left to their own choice. But the French miflionaries had been for fome years very affiduous in propa- gating their tenets among them, one of which was c that to break faith with hereticks was * no fin.' The Sieur de Villieu, who had diftinguifhed himielf in the defence of Que- bec when Phips was before it, and had con- trafted a ftrong antipathy to the New-Eng- landers, being now in command at Penob- fcot, he witji M. Thury, the miflionary, di- verted Madokawando and the other fachems from complying with their engagements ; fo that pretences were found for detaining the Jiugliih captives, who were more in num-
HISTORY OF
16&4. ber, and of more confequence than the hot tages whom the Indians had given. Influ- enced by the fame pernicious councils, they kept a watchful eye on the frontier towns, to fee what place was mofl fecure and might be attacked to the greateft advantage. The fet- tlement at Oyifer river, within the town of Dover, was, pitched upon as the mofl likely Jftace ; and it is faid that the defign of fur- prifing it was publiekly talked of at Quebec two months before it was put in execution. RuiftoUfs- of Indians lurking in the woods thereabout made fome of the people appre- hend danger ; but no mifchief being attempt-
Magnate ed} they imagined them to be hunting par- '' ties, and returned to their fecurity. At length, the neceffary preparations being made, ^illieu, witli a body of two hundred and
fib. is. p. fifty Indians, collected from the tribes of St. John, Penobfcot and Norridgwog, attended by a French Prieft, marched for the devoted pfece.
Oyfter river is a ftream which runs into weftem branch of Pafcataqua ; the fet- tletnents were on both fides of it, and the houffes chiefly near the water. Here were twelve garrifoned houfes fufficient for the defence of the inhabitants, but apprehend- ing no danger, fome families remained at their own unfortified houfes, and thofe who were in the garrifons were but indifferently provided for defence fome being even defti- tute of powder. The enemy approached the place undifcovered, and halted near the falls on Tuefclay evening, the feventeenth of Ju- ly. Here they formed into two divifions, one of which was to go on each fide of the
NEW-HAMPSHIRE. 217
river and plant themfelves in ambufh, in 1694, final! parties, near every houfe, fo as to be rea- dy for the attack at the rifing of the fun ; the firfh gun to be the fignal. John Dean, whofe houfe flood by the faw-mill at the falls, in- tending to go from home very early, arofe before the dawn of day, and was mot as he came out of his door. This firing, in part, difconcerted their plan ; feveral parties who had fome diftance to go, had not then ar- rived at their ftations ; the people in gener- al were immediately alarmed, fome of them had time to make their efcape, and others to prepare for their defence. The fignal being given, the attack began in all parts where the enemy was ready.
Of the twelve garrifoned houfes five were deftroyed, viz. Adams's, Drew's, Edgerly's, Medar's and Beard's. They entered Adams's without refiftance, where they killed four- teen perfons ; one of them, being a woman with child, they ripped open. The grave is flill to be feen in which they were all bu- ried. Drew furrendered his garrifon on the promife of fecurity, but was murdered when he tell into their hands ; one of his chil- dren, a boy of nine years old, was made to run through a lane of Indians as a mark for them to throw their hatchets at, till they had difpatched him. Edgerly's was evacu- ated ; the people took to their boat, and one of them was mortally wounded before they got out of reach of the enemy's mot. Beard's and Medar's were alfo evacuated and the people efcaped.
The defencelefs houfes were nearly all fet on fire, the inhabitants being either killed or
D D
218 HISTORY OF
1694. taken in them, or elfe in endeavouring to fly to the garrifons. Some efcaped by hiding in the bulhes and other fecret places. Thomas Edgerly, by concealing himfelf in his cellar, preferved his houfe, though twice fet on fife. The houfe of John Bufs, the minifter, was deftrbyed with a valuable li- brary. He was abfent, his wife and family fled to the woods and efcaped. The wife of John Dean, at whom the firft gun was fired was taken with her daughter, and carried about two miles up the river, where they w°re ].-/ 1 u :der the care of an old Indian wliiio 1: others returned to their bloody w •}• £. The Indian complained of a pain in his head, and aiked the woman what would be a proper remedy : fhe aiifwered, Occapee, which is he Indian word for rum, of which fhe k?ie v he had taken a bottle from her houfe. The remedy being agreeable, he took a large dofe and fell afleep ; and flie took that opportunity to make her efcape, with her child, into the woods, and kept con- cealed till they were gone.
The other feven garrifons, viz. Burnham's, Bickford's, Smith's, Bunker's, Davis's, Jones and Woodman's were refolutely and fuccefs- fully defended. At Burnham's the gate was left open : The Indians, ten in number, who were appointed to furprize it, were a- fleep under the bank of the river, at the time that the alarm was given. A man with- in, who had been kept awake by the tooth- ach, hearing the firft gun, roufed the people and fecured the gate, juft as the Indians who wer£ awakened by the fame noife were en- tering. Finding themfelves difappoin^ed,
NEW-HAMPSHIRE. 219
they ran to Pitman's, defencelefs houfe, and 1694. forced the door at the moment that he had burft a way through that end of the houfe which was next to the garriibn, to which he with his family, taking advantage of the {hade of fome trees, it being moonlight, happily efcaped. Still defeated, they attack- ed the houfe of John Davis, which after fome refiitance he furrendered on terms ; but the terms were violated, and the whole fam- ily either killed or made captives. Thomas Bickford preferved his houfe in a fingular manner. It was fituated near the river, and furrpunded with a palifade. Being alarmed before the enemy had reached the houfe, he fent off his family in a boat, and then fhut- ting his gate, betook himfelf alone to the de- fence of his fortrefs. Defpifing alike the promifes and threats by which the Indians would have perfuaded him to furrender, he kept up a conftant fire at them, changing his drefs as often as he could, {hewing himfelf with a different cap, hat or coat, and fome- times without either, and giving directions aloud as if he had a number of men with him. Finding their attempt vain, the enemy withdrew, and left him fole mafter of the houfe which he had defended with fuch ad- mirable addrefs. Smith's, Bunker's, and Davis's garrifons, being {eafonably apprized of the danger, were refolutely defended, one Indian was fuppofed to be killed and anoth- er wounded by a {hot from Davis's. Jones's garrifon was befet before day ; Capt. Jones hearing his dogs bark, and imagining wolves might be near, went out to fecure fome fwine and returned unmolefted. He then went up
220 HISTORY OJ
1694. into the flankart and fat on the wall. Dif- cerning the flafh of a gun, he dropped back- ward ; the ball entered the place from whence he had withdrawn his legs. The enemy from behind a rock kept firing on the houfe for foine time and then quitted it. During thefe tranfa&ions the French priefl took poileflion of the meeting-houfe, and employed himfelf in writing on the pulpit with chalk ; but the houfe received no dam- age.
Thofe parties of the enemy who were on the fouth fide of die river having completed their deftruclive work, colle&ed in a field adjoining to Burnham's garrifon, where they infultingly ,fhewed their prif oners, and de- rided the people, thiaking themfelves out of" reach of their ftiot. A young man from the centry-box fired at one who was making fome indecent figojs of defiance, and wound- ed him in the heel : Him they placed on a iiorib and carried away. Both divifions then met at the falls, where they ha.d parted the evening before, and proceeded together to Capt. Woodman's garrifon. The ground being uneven, they approached without danger, and from behind a hill kept up a long and fevere fire at th^ hats and caps which the people within held up on flicks above the walls, without any other damage than gall- ing the roof of the houfe. At length, ap- prehending it was time for the people in the neighbouring fettlements to be collected in puriuit of them, they finally withdrew ; having killed and captivated between ninety and an hundred perfons and burned about
NEW-HAMPSHIRE.
twenty houfes, of which five were garrifons*. 1 694 The main body of them retreated over Win- nipifeogee lake, where they divided their prifoners, feparating thofe in particular who were moil intimately connedled, in which they often took a pleafure fuited to their favage nature f.
About forty of the enemy under Toxus, a Norridgwog chief, refolving on farther mif- chief, went weftward and did execution as far as Groton. A frnaller party having crofT- ed the river Pafcataqua, came to a farm where Urfula Cutts, widow of the deceafed prefident, refided, who imagining the enemy had done what mifchief they intended for that time, could not be perfuaded to remove into town till her haymaking mould be finifh- ed. As me was in the field with her labourers, the enemy fired from an ambufh and killed 86 her, with three others. Colonel Richard Waldron and his wife with their infant fon (afterward fecretary) had almoft lhared the fame fate ; they were taking boat to go and .dine with this lady, when they were ftopped
* Charlevoix with Iris usual parade boasts of their having killed two hun- dred and thirty people, and burned fifty or f xty houses. He Speaks of only twp forts, both of which were stormed.
f Among1 these prisoners were Thomas Drew and his wife who were newly married. He was carried to Canada, where he continued two years and was redeemed. She to Norridgwog, and was gone four years, in which she endured every thing but death. She was delivered of a child in the win- ter, in the open air, and in a violent snow storm. Being unable to suckle her child, or provide it any food, the Indians killed it. She lived fourteen days on a decoction of the bark of trees. Onoe they set her to draw a sled v:j) a river against a piercing north-west wind, and left her. She was so o- vercome with the cold that she grew sleepy, laid down and was nearly dead, when they returned ; they carried her senseless to a wigwam, and poured warm water down her throat, which recovered her. After her return to her husband, she had fourteen children ; they lived together till he was ninety three and she eighty nine years of age ; they died within two days of eaqh other and were buried in one grave.
*** These particular circumstances of the destruction at Oyster river were at my desire collected from the information of aged people by John Smith} Ksq. a descendant of one of the suffering families.
222 | HISTORY OF
1694. by the arrival of fome friends at their houfe; while at dinner they were informed of her death. She lived about two miles above the town of Portfmouth, and had laid out her farm with much elegance. The fcalps tak- en in this whole expedition were carried to Canada by Madokawando, and prefented to Count Fronteiiac, from whom he received the reward of his treacherous adventure.
1695. There is no mention of any more rnifchief by the Indians within this province till the next year, when, in the month of July, two men were killed at Exeter. The following year, on the feventh day of May, John Church^ Wh0 haci been taken and efcaped from them feven years before, was killed and fcalped at Cochecho, near his own houfe. On the twenty-fixth of June an attack was made at Portfmouth plain, about two miles from the town. The enemy came from York-nubble to Sandy-beach in canoes, which they hid there among the bullies near the ihore. Some fufpicion was formed the day before by reafon of the cattle running out of the woods at Little-harbour ; but falfe a- larms were frequent and this was not much regarded. Early in the morning the attack was made on five houfe s at once ; fourteen perfons were killed on the fpot, one was fcalped and left for dead, but recovered, and four were taken. The enemy having plun- dered the houfes of what they could carry, fet them on fire, and made a precipitate re- treat through the great fwamp. A company of militia under Captsia Shackfqrd and lieu- tenant Libbey purfued, and difcovered them cooking their breakfatt, at a place ever fince
NEW-HAMPSHIRE.
called Breakfaft-hill. The Indians were on 169& the farther fide, having placed their captives between themfelves and the top of the hill, that in cafe of an attack they might firft re- ceive the fire. The lieutenent urged to go round the hill, and come upon them below to cut off their retreat; but the captain fear- ing in that cafe that they would, according to their cuflom, kill the prifoners, rallied upon them from the top of the hill, by which means they retook the captives and plunder, but the Indians, rolling down the hill, efcap- ed into the fwamp and got to their canoes. Another party, under another commander, was then fent out in ihallops to intercept them as they fhould crofs over to the eaft- ward by night. The captain ranged his boats in a line, and ordered his men to re- ferve their fire till he gave the watch-word. It being a calm night the Indians were heard as they advanced ; but the captain, unhappi- ly giving the word before they had come within gun-fhot, they tacked about to the fouthward, and going round the Ifles of Shoals, by the favour of their light canoe* efcaped. The watch-word was Crambo, which the captain ever after bore as an ap- pendage to his title*. On the twenty fixth day of July, the people of Dover were way-
, • j i ' r -i / . Magnalia
laid as they were returning from the public Hb.7.p.wfc worihip, when three were killed, three wounded, and three carried to Penobfcot, from whence they foon found their way home.
* The account of this transaction I had from the late Judge Parker, who bad taken psius to pieserve it. It is mentioned, but not circumstantially, b^ Dr. Mather. Magnalia, lib. 7. page 89.
HISTORY OF
1697. The next year on the tenth of June, tha town of Exeter was remarkably preferved from deftru<5lion. A body of the enemy had placed themfelves near the town, intending to make an aflault in the morning of the next day. A number of women and chil- dren contrary to the advice of their friends went into the fields, without a guard, ta gather itrawberries. When they were gone fome perfons, to frighten them, fired an a- larm ; which quickly fpread through the town, and brought the people together in arms. The Indians fuppoiing that they were difcovered, and quickened by fear, af- ter killing one, wounding another, and tak- ing a child, made a hafty retreat and were feen no more there. But on the fourth day . ub. 7. of July they waylaid and killed the worthy - Major Froft at Kittery, to whom they had owed revenge ever iince the feizure of the four hundred at Gochecho, in which he was concerned.
The fame year an invafion of the country was projected by the French. A fleet was to fail from France to Newfoundland and thence to Penobfcot, where being joined by an ar- my from Canada, an attempt was to be made on Bofton, and the feacoait ravaged from thence to Pafcataqua. The plan was too ex- teniive and complicated to be executed in one fummer. The fleet came no further than Newfoundland ; when the advanced feafon, and fcantinefs of provilions obliged them to give over the defign. The people of New-England were apprized of the dan- ger, and made the beft preparations in their 4 power. They ftrengthened their fortifies
NEW-HAMPSHIRE. 225
tions on the coaft, and raifed a body of men 1697. to defend the frontiers againft the Indians who were expecfted to co-operate with the French. Some mifchief was done by lurk- ing par ties at the eaftward ; but New-Hamp- i'hire was unmoleftecl by them during the remainder of this, and the whole of the fol- lowing year.
After the peace of Ryfwick, Count Froi> tenac informed the Indians that he could not any longer fupport them in a war with the Englifh, with whom his nation was now ut peace- He therefore advifed them to bu- ry the hatchet and reftore their captives. Having fuffered much by famine, and being divided in their opinions about profecuting the war, after a lon^r time they were brought to a treaty at Cafco ; where they ratified their former engagements ; acknowledged January 7. fubjeclion to ' the crown of England ; la- mented their former perfidy, and promifed Maff. lib. 7 future peace and good behaviour in fuch ^^ 94' terms as the commiflioners dictated, and with as much fincerity as could be expedled. At the fame time they reftored thofe captives who were able to travel from the places of their detention to Cafco in that unfavourable feafon of the year ; giving aflurance for the return of the others in the fpring ; but many of the younger fort, both males and females, were detained ; who, mingling with the In- dians, contributed to a fucceflion of enemies uo in future wars againft their own country,
A general view of an Indian war will give a juft idea of thefe diftrefling times, and .be a proper clofe to this narration.
The Indians were feldom or never feen
K E
226 HISTORY OF
before they did execution. They appeared not in the open field, nor gave proofs of a truly mafculine courage ; but did their ex- ploits by furprize, chiefly in the morning, keeping themfelves hid behind logs and bufh- es, near the paths in the woods, or the fences contiguous to the doors of houfes ; and their lurking holes could be known only by the report of their guns, which was indeed but feeble, as they were fparing of ammunition, and as near as poffible to their objedl before t^iey fired. They rarely aflaulted an houfe unlefs they knew there would be but little refiftance, and it has been afterward known that they have lain in ambufh for days toge- ther, watching the motions of the people at K their work, without daring to tlifcover them- felves. One of their chiefs who had got a woman's riding-hood among his plunder would put it on, in an evening, and walk in- to the ftreets of Portfmouth, looking into the windows of houfes and liftening to the con- verfation of the people.
Their cruelty was chiefly exercifed upon children, and fuch aged, infirm, or corpulent perfons as could not bear the hardfhips of a journey through the wildernefs. If they -took a woman far advanced in pregnancy their knives were plunged into her bowels. An infant when it became troublefome had its brains dafhed out againft the next tree or (lone. Sometimes to torment the wretched mother, they would whip and beat the child till almofl dead, or hold it under water till its breath was juft gone, and then throw it to her to comfort and quiet it. If the moth- er could not readily (till its weeping, the
NEW-HAMPSHIRE. 227
hatchet was buried in its fkull. A captive wearied with his burden laid on his fhoul- ders was often fent to reft the fame way. If any one proved refradlory, or was known to have been inftrumerital of the death of an Indian, or related to one who had been fo, he was tortured with a lingering punifh- ment, generally at the flake, while the other captives were infulted with the fight of his miferies. Sometimes a fire would be kind- led and a threatening given out againft one or more, though there was no intention of facrificing them, only to make fport of their terrors. The young Indians often fignalized their cruelty in treating captives inhuman- ly out of fight of the elder, and when inqui- ry was made into the matter, the infulted captive mufl either be filent or put the beft face on it, to prevent worfe treatment for the future. If a captive appeared fad and dejecfled he was fure to meet with infult ; but if he could ling and dance and laugh with his matters, he was carefled as a broth- er. They had a ftrong averfion to Negroes, and generally killed them when they fell into their hands.
Famine was a common attendant on thefe doleful captivities ; the Indians when they caught any game devoured it all at one fit- ting, and then girding themfelves round the waift, travelled without fuftenance till chance threw more in their way. The captives, un- ufed to fuch canine repafts and abftinences, could not fupport the furfeit of the one nor the craving of the other. A change of maf- ters, though it fometimes proved a relief from mifery, yet rendered the profpedl of a,
HISTORY Ofr
return to their home more diflant- If an Indian had loll a relative, a prifoner bought for a gun, a hatchet, or a few fkins, muft fupply the place of the deceafed, and be the father, brother, or fon of the purchaier ; and thofe who could accommodate themfelves to fuch barbarous adoption, were treated with the fame kindnefs as the perfons in whofe place they were fubftituted. A fale among the French of Canada was the mofl happy event to a captive, efpecially if he became a fervaiit in a family ; though fometimes even there a prifon was their lot, till opportunity prefented for their redemption ; while the priefts employed every feducing art to per- vert tkem to the popifh religion, and induce them to abandon their country. Thefe cir- cumftances, joined with the more obvious hard mips of travelling half naked and bare- foot through patuleis deferts, over craggy mountains and deep iwamps, through froft, rain and fnow, expo fed by day and night to the inclemency of the weather, and in fum- mer to the venomous flings of thole mun- berlefs infects with which the woods abound ; the reftleis anxiety of mind, the retrofpecl of paft fcenes of pleafure, the remembrance of diftant friends, the bereavements experi- enced at the beginning or during the pro grefs of the captivity, and the daily appre- henfion of death either by famine or the favage enemy ; thefe \verc the horrors of an Indian, captivity.
On the other hand, it muft be acknow- ledged that there have been infliances of juf- tice, generofity and tendernefs during thefe •\vars, which would have done horor to a c.iv
NEW-HAMPSHIRfi. 229
ilized people. A kindnefs (hewn to an In- dian was remembered as long as an injury $ and perfons have had their lives fpared for adls of humanity done to the anceftors of thofe Indians into whofe hands they have fallen*. They would fometimes " carry " children on their arms and moulders, feed " their prifoners with the beft of their pro- " vifion, and pinch themfelves rather than *c their captives ihould want food." When lick or wounded they would afford them proper means for their recovery, which they were very well able to do by their know- ledge of fimples. In thus preferving the lives and health of their prifoners, they doubtlefs had a view of gain. But the moft remarkably favourable circumftance in an Indian captivity, was their decent behaviour to women. I have never read, nor heard, nor could find by enquiry, that any woman who fell into their hands was ever treat- ed with the leaft immodefty ; but teftimo- iiies the contrary are very frequentf . Wheth-
* Several instances to this purpose have been occasionally mentioned in the course of this narrative. The following additional one is taken from Capt. Hammond's MS Journal. " April 13, 1677. The Indians Simon, An- •' drew and Peter burnt the house of Edward Weymouth at Sturgeon creek. " They plundered the house of one Crawley but did not kill him, because of •• some kindnesses done to Simon's grandmother."
f Mary Rowlandson who was captured at Lancaster, in 1 675, has this passage in her narrative, (p. 55.) " I have been in the midst of these roar- ing lions and savage bears, that feared neither God nor man nor the devil, by day and night, atone and in company ; sleepingall sorts together, and yet not ^ae of them ever offered me the least abuse of unchastity in word or action.'5
Elizabeth Hanson who was taken from Dover in 1724, testifies in her nar- rative, (p-. 28.) that " the Indians are very civil toward their captive wo- men, not offering any incivility by any indecent carriage."
William Fleming, who was taken in Pennsylvania, in 1755, says the In- iuns told him <'he need not be afraid of their abusing his wife, for they would not do it, for fear of offending their God (pointing their hands toward heav- en) for the man that affronts his God will surely be killed when he goes to var." He farther says, that one of them gave his wife a shift and petticoat. which lie had among his plunder, and thcugh he was alone with her, yet " hr f :rned his back, and went to some distance while she put them on." (p. !Q.)
HISTORY OF
cr this negative virtue is to be afcribed to a natural frigidity of conftitution, let philofo phers enquire : The fadl is certain ; and it was a moft happy circumftance for our fe- male captives, that in the midft of all their diftrefles, they had no reafon to fear from a favage foe, the perpetration of a crime, which has too frequently difgraced not only the. perfonal but the national charader of thofe who make large pretences to civilization and humanity.
Charlevoix in his account of the Indians of Canada, says (letter 7.) "There is no example that any have ever taken the least liberty with the French women, even when they were their prisoners"
NEW-HAMPSHIRE. 231
CHAP. XL
The rivil affairs of the province during the administration!* of Usher, Partridge, Allen, the Earl of Bellamont and Dudley , comprehending the whole controversy with Allen and his heirs,
JOHN Uflier, Efquire, was a native of Bofton, and by profeffion a ftationer. He was poffefled of an handfome fortune, and fuftained a fair character in trade. He had been employed by the Maffachufetts govern- ment, when in England, to negotiate the purchafe of the province of Maine, from the heirs of Sir Ferdinando Gorges, and had thereby got a tafte for fpeculating in landed intereft. He was one of the partners in the million purchafe, and had fanguine expecta- tions of gain from that quarter. He had rendered himfelf unpopular among his coun- trymen, by accepting the office of treafurer, under Sir Edmund Androfle, and joining with apparent zeal in the meafures of that , adminift ration, and he continued a friend- papers, ly connexion with that party, after they were difplaced.
Though not illnatured, but rather of an open and generous difpofition, yet he want- ed thole acconiplifhinents which he might have acquired by a learned and polite educa- tion. He was but little of the ftatefman, and lefs of the courtier. Inftead of an engaging affability he affecled a feverity in his de- portment, was loud in converfation, and ftern •n command. Fond of prefiding in govern- ment, he frequently journied into the pro-
232
HISTORY OF
vince, (though his refidence was at Boftont where he carried on his bufinefs as ufuai,) and often fummoned the council when he had little or nothing to lay before them. He gave orders, and found fault like one who felt himfelf independent, and was determin- ed to be obeyed. He had an high idea of his authority and the dignity of his commif- iion, and when oppofed and infulted, as he fbmetimes was, he treated the offenders with a feverity which he would not relax till he had brought them to fiibmiiTion. His pub- lic fpeeches were always incorrect, and fome- times coarfe and reproachful.
He feems, however, to have taken as much care for the intereft and prefervation of the province as one in his circumftances could have done. He began his adminiflra- tion in the height of a war which greatly diftrefTed and impoverUhed the country, yet his views from the beginning were lucra- tive*. The people perceived thefe views, and were aware of the danger. The transfer oi the title from Mafon to Allen was only a change of names : They expected a repetition of the fame difficulties under a new claim- ant. After the oppofition they had hitherto made, it could not be thought ftrange that men whofe pulie beat high for freedom, ihould refufe to fubmit to vaflalage ; nor, while they were on one fide defending their
* In a letter to George Dorrington and John Taylor in London, lie write* thus; '-Jan. 29, 1692 — 3. In case yourselves are concerned in th« " province of New-Hampshire, with prudent management it may be worth '' money, the people only paying 4d and 2d per acrr. The reason why the u commonalty of the people do not agree is because 3 or 4 oi the great landed u men dissuade them from it. The people have petitio;.<:ci the king to be cc annexed to Boston government, but it will not be for the proprieior's in* ' terest to admit of that unless the king send., a gc.x. *» <;;>• TTVJ
NEW-HAMPSHIRE. 233
pofTeffions againft a favage enemy, could it be expedled, that on the other, they mould tamely fufFer the intrufion of a landlord. Ufher's intereft was united with theirs in providing for the defence of the country, and contending with the enemy ; but when the propriety of the foil was in queflion, they ftood on oppofite fides ; and as both thefe controversies were carried on at the fame time, the conduct of the people toward him varied according to the exigency of the cafe ; they fometimes voted him thanks for his fer- vices, and at other times complained of his abufing and oppreffing them.
Some of them would have been content to have held their eftates under Allen's title*, but the greater part, including the principal men, were refolved to oppofe it co the I .it Extremity. They had an averfion not only to the proprietary claim on their Ivids, but their feparation from the Maffach . etts government, under which they had former- ly enjoyed fo much freedom and peace. They had petitioned to be re-annexed to them, at the time of the revolution ; and they were always very fond of applying to them for help in their difficulties, that it might appear how unable they were to fub- lift alone. They knew alfo that the Maffa- chufetts people were as averfe as themfelves to Allen's claim, which extended to a great part of their lands, and was particular- ly noticed in their new charter.
Soon after Ufher's arrival, he made en- quiry for the papers which contained the
* ;< I have 40 hands in Exeter who desire to take patents for lands from '"• "o-;, and many in other towns." Usher to Allen, October 1695.
F F
2M HISTORY OP
traiifa&ions relative to Mafon's lints. Du- ring the fufpenfioii of government in 1689, Captain John Pickering, a man of a rough and adventurous fpirit, and a lawyer, had gone with a company of armed men to the houfe of Chamberlayne, the late fecretary and clerk) and demanded the records and files which were in his poffeffion. Chani- berlayne refufed to deliver them without fome legal warrant or fecurity ; but Pickering took them by force, and conveyed them over the river to Kittery. Pickering was fum- moned before the governor, threatened and imprifoned, but for fome time would neith- er deliver the books, nor diicover the place of their concealment, unlefs by order of the aflembly and to fome perfon by them ap- pointed to receive them. At length however he was conflrained to deliver them, and they were put into the hands of the fecretary, by the lieutenant-governor's order. 1693. Another favourite point with Uiher was to have the boundary between New-Hamp- fhire and Maflaehufetts afcertainecl : There were realbns which induced fome of the peo- ple to fall in with this delire. The general idea was, that New-Hampfhire began at th« end of three miles north of the river Merri- mack ; which imaginary line was alfo the boundary of the adjoining townfhips on each fide. The people who lived, and owned lands near thefe limits, pretended to belong- to either province, as beft fuited their con- veniency ; which caufed a difficulty in the collecting taxes, and cutting timber. The 1695. town of Hampton was fenfibly affected with October12' thefe difficulties, and petitioned the council
NEW-HAMPSHIRE. 235
4:hat the line might be run. The council 1695. appointed a committee of Hampton men to do it, and gave notice to the Maffachufetts of their intention ; dMiring them to join in PTOV. fifes. the affair. They difliked it and declined to act. Upon which the lieutenant-governor and council of New-Hampfliire caufed the boundary line to be run from the fea-fhore Brief of the three miles northward of Merrimack, and parallel to the river, as far as any fettlements had been made, or lands occupied.
The only attempt made to extend the fet-
r i i j j i r • 1738, p. 3.
demerit or the lands during tnele times, was that in the fpring of the year 1694, while there was a truce with the Indians. Ufher granted a charter for the townihip of King£ ton to about twenty petitioners from Hamp- ton. They were foon difcouraged by the dangers and difficulties of the fucceeding hoftilities, and many of them returned home within two years. After the war they re- fumed their enterprize ; but it was not till the year 1725, that they were able to obtain the fettlement of a minifter. No alter- ations took place in the old towns, except the feparation of Great-Illand, Little-Har- bour, and Sandy-Beach, from Portfmouth, and their ere6lion into a town by the name of New-Caftle ; together with the annexa- tion of that part of Squamfcot patent which Pro*, fifes, now bears the name of Stretham, to Exeter, it having before been connected with Hamp- ton.
The lieutenant-governor was very forward .in thefe transactions, thinking them circum- ilances favourable to his views, and'being willing to recommend hirafelf to the people
236 HISTORY OF
1693. by feconding their wifhes fo far as was con- fident with the intereft he meaned to ferve. The people, however, regarded the fettling and dividing of townfliips, and the running of lines, only as matters of general conveni- * ence, and continued to be difgufted with his adminiftration. His repeated calls upon them for money were anfwered by repeated pleas of poverty, and requefts for affiftance from the neighbouring province. Ufher ufed all his influence with that government to obtain a fupply of men to garrifon the frontiers ; and when they wanted provil- ions for the garrifons, and could not readily raife the money, he would advance it out of his own purfe and wait till the treasury could reimburfe it.
For the two or three firft years of his ad- mmiflration the public charges were provid- ed for as they had been before, by an excife on wines and other fpirituous liquors, and an impoft on merchandize. Thefe duties being laid only from year to year, Ufher vehe-* K395. mently urged upon the auembly a renewal v>y. 7 & 9. of the ac% and an extenfion of the duty to articles of export ; and that a part of the money fo raifed might be applied to the fup- port of government. The anfwer he obtain- ed was, that cconfidering the expo/fed (late 4 of the province, they were obliged to apply
* all the money they could raife to their de-
* fence ; and therefore they were not capable c of doing any thing for the fupport of gov- c ernment, though they were fenfible his
* honour had been at considerable expence : 6 They begged that he would join with .the? < council in representing to ths ^n thepov-
NEW-HAMPSHIRE. 237
c erty and danger of the province, that fuch 1695.
* methods might be taken for their fupport
* and pr^fervation as to the royal wifdom
* mould feem meet.' Being further prefled upon the fubjeft, they paiTed a vote to lay the propofed duties for one year, c provided c he and the council would join with them ' in petitioning the king to annex them to c the Maffachufetts.5
He had the mortification of being: difap* pointed in his expectations of gain, not only from the people, but from his employer. Allen had promifed him two hundred and fifty pounds per annum for executing his commiffion ; and when at the end of the/ third year, Uiher drew on him for the pay- ment of this fum, his bill came back pro- tefted*. This was the more mortifying, as he had affiduoufly and faithfully attended to Allen's intereft, and acquainted him from time to time with the means he had ufed, the difficulties he had encountered, the pleas he had urged, the time he had fpent, and the expence he had incurred in defence and fupport of his claim. He now defired him to come over and affume the government himfelf, or get a fucceffor to him appointed ma? in the office of lieutenant-governor. He did not know that the people were before hand of him in this latter requeft.
On a pretence of difloyalty he had remov- ed Hinckes, Waldron, and Vaughan from their feats in the council. The former of thefe was a man who could change with the
^~ It ij; probable that Allen was not able to comply with this demand , The pxirchase of the province from the Masons had been made " with othej *c iron's money." f .ettf* of Usher to Sir Matthew Dadley, St.pt. *"" "
238 HISTORY OF
1695k times • the two latter were fteady oppofers of the proprietary claim. Their fufpenfion irritated the people, who, by their influence, privately agreed to recommend William Par- tridge, Efq. as a proper perfon for their lieu- tenant-governor in Ufher's ftead. Partridge was a native of Portfmouth, a fhipwright, of an extraordinary mechanical genius, of a politic turn of mind, and a popular man. He was treafurer of the province, and had been ill ufed by Ufher. Being largely con- cerned in trade he was well known in Eng- land, having fupplied the navy with malts and timber. His fudden departure for Eng- land was very furprizing to Ufher, who could not imagine he had any other bufinefs than to fettle his accounts. But the furprife
If 97 was. greatly increafed when he returned with
January.* a commiffion appointing him lieutenant- governor and commander in chief in Allen's abfence. It was obtained of the lords juf- tices in the king's abfence, by the intereft of Sir Henry Aflmrft, and was dated June 6, 1696.
Immediately on ' his arrival, his appoint- ment was publickly notified to the people ; though, either from the delay of making put his inftruilions, or for want of the form of an oath neceflary to be taken, the commilTion was .not publifhed in the ufual manner : But the party in opposition to Ufher triumphed. The fufpended counfcllors refumed their feats, Pickering was made king's attorney, and Hinckes as prefident of the council, o- s. pened the aflembly with a fpeech. This a£-
T,IS Laws, fembly ordered the records which had been
NEW-HAMPSHIRE.
taken from Pickering to be deposited in the 1697. hands of Major Vaughan, who was appoint- ed recorder : In coniequence of which they have been kept in that office ever fince.
Uiher being at Bofton when this altera- tion took place, wrote to them, declaring that no commifllon could fuperfede his till duly publiftied ; and intimated his intention of coming hither " if he could be fafe with " his life." He alfb difpatched his fecretary, Charles Story, to England, with an account of Feb> Wt this tranfaclion, which in one of his private letters he ftyles " the Pafcataqua rebellion ;" adding, that " the militia were raifed, and " forty horfe fent to feize him ;" and inti- mating that the confufion was fo great, that "if but three French fhips were to appear, " he believed they would furrender on the *c firft fummons." The extreme imprudence of fending fuch a letter acrofs the Atlantic in time of war, was ftill heightened by an apprehenfion which then prevailed, that the French were preparing an armament to in- Lt vade the country, and that " they particu- sto
, T i i r ^ r T-» r • j» ton s letter
larly deligned tor ralcataqua river. of Feb. 24,
In anfwer to his complaint, the lords ofinfiles- trade diredted him to continue in the place Aug. B. of lieutenant-governor till Partridge mould qualify himfelf, or till Richard, Earl of Bel- lomorit, fliould arrive ; who was commiilion- ed to the government of New- York, MafTa- chufetts Bay and New-Hampihire ; but had not yet departed from England. Uiher re- ceived the letter from the Lords together with r the articles of peace which had been con- cluded at Ryfwick, and immediately fet ofF for New-Iiampfhire, (where he-had not
240 fclSTORY OF
1697. been for a year) proclaimed the peace, and publiftied the orders he had received, and having proceeded thus far, " thought all " well and quiet." But his oppofers having
Dec. 14. held a confutation at night, Partridge's com- miflion was the next day publifhed in form ; he took the oaths, and entered on the ad- miniftratiOn of government, to the complete vexation and difappointment of Ufher, who had been fo elated with the confirmation of his commiffion, that as he pafled through Hampton, he had forbidden the minifter of
6JJJ**1 that place to obferve a thankfgiving day, which had been appointed by Prefident Hinckes.
1698. An afTembly being called, one of theif jjrft. a(^s was to write to the lords of trade, 4 acknowledging the favour of the king in 4 appointing one of their own inhabitants 4 to the command of the province, complain- 4 ing of Ufher, and alledgirig that there had
* been no difturbances but what he himfelf 4 had made ; declaring that thofe counfellors 4 whom he had fufpended were loyal fub- 4 jedls, and capable of ferving the king ; and 4 informing their lordfhips that Partridge had 4 ixow qualified himfelf, and that they were
* waiting the arrival of the Earl of Bello- '* mont.'
They alfo deputed Ichabod Plaifted to wait on the Earl at New-York, and compli- ment him on his arrival. 4 If he fhould find
* his lordfhip high, and refer ved, and not eafy *" of accefs, he was inftrudled to employ fome 4 gentleman who was in his confidence to
* manage the bufinefs ; but if eafy and free,.
* he was to wait on him in perfect ; to trH
NEW-HAMPSHIRE. 241
* him how joyfully they received the news 1698. c of his appointment, and that they daily ex-
c pefted Governor Allen, whofe commiflion
* would be accounted good till his lordfhip's
s
* fhoula be r^ i , and to afk his advice ™ ' how they mould behave in fuch a cafe.' The principal clefign of this ITXC tfage was to make their court to the earl, and get the dart of Ulher or any of his friends who might prepofTefs him with an opinion to their difadvantage. But if this fhould have happened, Plaifted was directed 4 to obferve
4 what reception they met with. If his lord-
* fhip was ready to come this way, he was to
* beg leave to attend him as far as Bofton, « and then afk his permimon to return home ;' and lie was furnifhed with a letter of credit to defray his expences. This meflage, which fhews the contrivers to be no mean politi- cians, had the dcfired effect.
The earl continued at New-York for the firft year after his arrival in America ; dur- Augta8. ing which time Governor Allen came over, as it was expected, and his commiflion being ftill in force, he took the oaths and afTurned the command. Upon which Ufher again Sept< l5 ' made his appearance in council, where he NOV. 29 produced the letter from the lords of trade, claimed his place as lieutenant-governor, and declared that the fufpended counfellors had no right to fit till reftored by the king's or- der. This brought on an altercation, where- in Elliot affirmed that Partridge was duly qualified and in office, that Waldron and Vaughan had been fufpended without caufe, and that if they were not allowed to fit, the reft were determined to refign. The gover-
G G
242 illSTORY Of
1698. nor declared Uflier to be of the council ; up- on which Elliot withdrew.
1699 ^ the lura^dmg afTembly two new coun- January 5 fellors appeared ; Jofeph Smith, and Kingfly ' Hall. The firft day patted quietly. The governor approved Pickering as fpeaker of the houfe ; told them he had afTumed the government becaufe the Earl of Bellomont had not arrived ; recommended a continu- ance of the excife and powder money, and advifed them to fend a congratulatory mef- fage to the Earl at New- York. The next day the houfe anfwered, that they had con- tinued the cuftoms and excife till Novem- ber, that they had already congratulated the earl, and received a kind anfwer, and were waiting his arrival ; ivhen they mould enter further on bufinefs. They complained that Allen's conduct had been grievous in forbid- ding the collecting of the laft tax, whereby the public debts were not paid ; in difplac- ing fundry fit perfons, and appointing oth- ers lefs fit, and admitting Uflier to be of the council, though fuperfeded by Partridge's commiffion. Thefe things they told him had obliged fome members of the council and aflembly to apply to his lordfhip for re- lief, and " unlefs he fliould manage with a ** more moderate hand" they threatened him. with a fecond application.
The fame clay Coffin and We are moved a queftioii in council, whether Uflier was one of that body. He aflerted his privilege, and obtained a major vote. They then entered their diflent, and defired a difmiflion. The governor forbad their departure. Weare anfwered that he would not, by fitting there,
NEW-HAMPSHIRE.
put contempt on the king's commiflion, 1699* meaning Partridge's, and withdrew. The next day the affembly ordered the money arifing from the impoft and excife to be kept in the treafury, till the Earl of Bellomont's arrival ; and the governor diffolved them.
Thefe violences on his part were fuppofed to originate from Ufher's refentment, and his overbearing influence upon Allen, who is faid to have been rather of a pacific and con- defcending difpofition. The fame ill temper continued during the remainder of this fhort adminiftration. The old counfellors, ex- cepting Fryar, refufed to fit. Sampfon Sheaffe and Peter Weare made up the quo- rum. SheafFe was alfo fecretary, Smith treasurer, and William Ardell fheriff. The conftables refufed to colledl the taxes of the proceeding year, and the governor was Or bliged to revoke his orders, and commiflion Ms ln fik)J* the former conftables to do the duty which he had forbidden.
In the fpring the earl of Bellomont fet out for his eaitern governments. The council voted an addrefs, and fent a committee, of which Uilier was one, to prefent it to him at Bofton ; and preparations were made for his reception in New-Hampfhire ; where he at length came and publifhed his commiflion Jaly 81 to the great joy of the people, who now faw at the head of the government a nobleman of diftingulllied figure and polite manners, a firm friend to the revolution, a favourite of King William, and one who had no intereft in pppreiling them.
During the controverfy with Allen, Par- tridge ha4 withdrawn ; but upon t;his chang£
SM4 HISTORY Ol
1699. he took his feat as lieutenant-governor, and the difplaced counfellors were again called to the board. A petition was prefented a- gainft the judges of the fuperior court, and a proclamation was iffued for juftices of the peace and conftables only to continue in of- fice, whereby the judges commlflions deter- mined. Richard Jofe was made fheriff in the room of Ardell, and Charles Story fecre- tary in the room of SheafFe.
The government was now modelled in favour of the people, and they rejoiced in the change, as they apprehended the way was opened for an effectual fettlement of their long continued difficulties and difputes, Both parties laid their complaints before the governor, who wifely avoided cenfuring either, and advifed to a revival of the courts of juftice, in which the main controverfy might be legally decided. This was agreed to, and the neceiTary acts being paiTed by an affembly, (who alfo prefented the earl with five hundred jpounds which he obtained the king's leave to accept) after about eighteen days ftay he quitted the province, leaving Partridge, now quietly feated in the chair, to appoint the judges of the refpective courts. Hinckes was made chief juftice of
R«ords. tke fuperior co^rt, with Peter CofEn, John Gerrifh and John Plavfeed for afiiftants ; Waldron chief JiUtice of the inferior court, with Henry Dow, Theodore Atkiiifon and John Woodman for affiftants.
One principal object of the earl's attention was to fortify the harbour, and provide for the defence of the country in cafe of anoth- er ^ar He had recommended to the affem-
NEW-HAMPSHIRE.
bly in his fpeech the building a ftrong fort 1699. on Great liland, and afterward, in his letters, allured them that if they would provide ma- , >-,>Q terials, he would endeavour to prevail on june r * the king to be at the expence of eredling it. Col. Romer, a Dutch Engineer, having view- ed the fpot, produced to the aflembly an efti- xxiate of the coft and tranfportation of ma- terials, amounting to above fix thoufand pounds. They were amazed at the propo- fal ; and returned for anfwer to the governor, that in their greateft difficulties, when their lives and eftates were in the moft imminent hazard, they were never able to raife one thoufand pounds in a year* ; that they had been exceedingly impoverifhed by a long war, <ind were now ftruggling under an heavy d<ebt, befides being engaged in a con- troverfy with " a pretended proprietor ;" that they had expended more " blood and " money" to fecure his majefty's intereft and dominion in New-England than the intrinfic value of their eftates, and that the fortifying the harbour did as much concern the Mat* fachufetts as themfelves ; but they conclud- ed with affuring his lordfhip, that if he were " thoroughly acquainted with their mifera-
* I have here placed in one view such assessments aa I have been able to find during the preceding war, with the proportion of each town, wlvich vaf ried according to their respective circumstances at different times.
(MS Law*.)
|
1692. |
1693. j |
1394 .' |
1695. |
Uncert. |
1697. |
|
|
i'rortsmoutii, Hampton, Dover, fee tor, New Ca;t'c. |
70 66 13 4 30 33 6 S |
210 200 110 80 |
167 230 90 127 86 |
129 6 172 14 6 117 16 6 106 16 73 7 |
149 16 187 241-2 127 971-2 11514 79126 |
|
|
.- |
( 200 |
600 |
~W |
400 |
600 |
650 | |
246
HISTORY OF
1700. ;< ble, poor and mean circumftances, they
" would readily fubmit to whatever he
" fhould think them capable of doing."
iffs in files. They were alfo required to furnifti their
quota of men to join with the other colonies
in defending the frontiers of New- York in
cafe of an attack*. This they thought ex-
tremely hard, not only becaufe they had
never received the leaft afliftance from New-
York in the late wars, but becaufe an opin-
ion prevailed among them that their ene-
mies had received fupplies from the Dutch at
Albany, and that the plunder taken from
their defolated towns had been fold in that
Smith's place. There was however no opportunity
York,^ for affording this afliftance, as the New-
io8, 175, Yorkers took care to maintain a good un-
derftanding with the French and Indians for
the benefit of trade.
But to return to Allen : He had as little profpect of fuccefs in the newly eftablilhed courts, as the people had when Mafon's fuits were carried on under Cranfield's govern-
AH«?fti- ment' On examining the records of the fu- perior court it was found that twenty-four leaves were milling, in which it was fuppofed the judgments recovered by Mafon were re- corded. No evidence appeared of his having obtained pofleflion. The work was to be- gin anew ; and Waldron, being one of the principal landholders and moft itrenuous op- pofers of the claim, was fingled out to (land foremoft in the controverfy with Allen, as
* The quotas of men to be furnished by e?oh government for •>f Xsw-York, if attacked, were as follows, viz.
Massachusetts 350 j New-York, 200 j Pennsylvania 80 New-Hampshire 40 j East Me .-••Jersey (50 I Maryland 160 Rhode-Island 48 j West New-Jersey 60 J "Virginia 240
120 [
NEW-HAMPSHIRE. 247
his father had with Mafon. The caufe went 1700. through the courts, and was invariably giv- en in favour of the defendant with cofts. Allen's only refuge was in an appeal to the Aug< **" king, which the court, following the exam- ple of their brethren in the Maflachufetts, refufed to admit. He then petitioned the king ; who by an order in council granted him an appeal, allowing him eight months to prepare for its profecution. 170L
The refufal of an appeal could not fail of AF^ 2* being highly refented in England. It was feverely animadverted on by the lords of trade, who in a letter to the Earl of Bello- APril &-.- mont upon this occafion, fay : " This declin- *x ing to admit appeals to his Majefty in *' council, is a matter that you ought very " carefully to watch againft in all your gov- " ernments. It is an humour that prevails ** fb much in proprieties and charter colonies " and the Independency they thirft after is <c now fo notorious, that it has been thought *c fit thofe conficlerations, together with other *' objedtions againft thofe colonies, fhould be *' laid before the parliament ; and a bill has *c thereupon been brought into the houfe of 4i lords for re-uniting the right of govern- '* inent in their colonies to the crown." MSinftw
Before this letter was wrote the earl died ,at New- York, to the great regret of the peo- M*n*.5* pie in his fever al governments, among whom he had made himielf very popular. A copy of the letter was fent to New- York ; but the bill mentioned in it was not pafled into an acl of parliament. For fome reafons of rtate it was rejected by the houfe of lords.
The aflenvbly of New-Hampihire, having
HISTORY OF
1701. now a fair opportunity, endeavoured ag ?Up.Ci3Vi?L mucn as poffible to provide for their own
fecurity ; and pafled two afe, the one for confirming the grants of lands which had been made within their feveral townihips ; the other for afcertaining the bounds of them. Partridge gave his confent to thefe ads ; but Allen had the addrefs to get: them difallowed and repealed becaufe there was
^M3iawt. no referve made in them of the proprietor's right.
The controverfy being brought before the king, both fides prepared to attend the fuit. Allen's age, and probably want of cafh, pre- vented his going in perfon ; he therefore ap- pointed Uftier to ac?t for him, having previ-
oct. 14. ourfly mortgaged one half of the province to him, for fifteen hundred pounds ; Vaugihan
1702. was appointed agent for the province, ;and attorney to Waldron. It being a general in- tereft, the aflembly bore the expence, and notwithflanding their pleas of poverty on otker occasions provided a fund, on wh:ich the agent might draw in cafe of the emer- gency.
In the mean time King William died and
Queen Anne appointed Jofeph Dudley Efq.
formerly prefident of New-England, to be
governor of MafTachufetts and New-Hamp-
fliire ; whofe commiflion being publifhed at
i\iiy 13 Portfmouth, the afTembly by a well timed
18 prefent interefted him in their favour,
and afterward fettled a falary on him during
council & fas adminiftration, agreeably to the queen's
Assembly . ' t> . / . ^
Records inltructions, who about this time lorbaa ner
governors to receive any but fettled falaries.
When Allen's appeal came before fh^
NKW-H AMPS HIRE'. 249
queen in council, it was found that his at- 1702. torney had not brought proof that Mafon f^^ had ever been legally in pofTeflion ; for fen's title, Want of this, the judgment recovered by p' 9* Waldron was affirmed ; but the order of council directed that the appellant c fhould
vi i- • J U . r MS Copy
' be at liberty to begin de novo by a writ of « ejectment in the courts of New-Hampfhire, 4 to try his title to the lands, or to quit-rents 4 payable for the fame ; and that if any doubt 4 in law fhould arife, the jury ihould declare c what titles each party did feverally make
* out to the lands in queftion, and that the
* points in law fhould be referred to the court ; 'or if any doubt fhould arife concerning
* the evidence, it fhould be fpecially ftated in c writing, that if either party fhould appeal
* to her majefty me might be more fully in-
* formed, in order to a final determination.'
While this appeal was depending, a peti- tion was prefentecl to the queen, praying that Allen might be put in pofleflion of the wafte lands. This petition was referred to Sir Ed- ward Northey, attorney general, who was or- dered to report on three queftions, viz.
1 , Whether Allen had a right to the waftes.
2. What lands ought to be accounted wafte. 3. By what method her majefly might put him into poffemon. At the fame time Ufher was making intereft to be re-ap- pointed lieutenant-governor of the province. Upon this Vaughan entered a complaint to the queen, fetting forth c that Allen claimed
* as wafte ground not only a large tract of unoccupied land, but much of that which
* had been long enjoyed by the inhabitants,
common pafture^ within the bounds of HH
250 HISTORY Otf
1702. * their feveral townfliips. That Uflief , by his
* former managements and mifdemeanours
* when in office, had forced fome of the prin-
* cipal inhabitants to quit the province, and
* had greatly harafled and difgufted all the
* reft, rendering himfelf quite unacceptable
* to them. That he was interefted in the c fuits now depending, as on Allen's death he
* would in right of his wife bd entitled to 4 part of the eftate. Wherefore it was hum- ' bly fubmitted whether it would be proper to
* appoint, as lieutenant-governor, one whofe % mtereft and endeavour it would be to dif- 4 feize the people of their ancient eftates, and
* render them uneafy ; and it was prayed that c no letters might be wrote to put Allen in
* poffeflion of the waftes till the petitioner 4 fhould be heard by council.'
1703. Ufher's intereft however prevailed. The January 28. attorney-general reported, that c Allen's claim
* to the waftes was valid ; that all lands #»- 4 inelofed and unoccupied were to be repute^ ^wafte ; that he might enter into and take
* poflfeflion of them, and if difturbed might ; aflert his right and profecute trefpafTers in
* the courts there ; but that it would not be 4 proper for her majefty to interpofe, unlefs 4 the queftion came before her by appeal
* from thofe courts ; fave, that it might be
* reafonable to diredl (if Allen flioukl infifi *onit at the trials) that^, matters of facl be
lies! ° rt c found fpecially by the juries, and that thefe ' fpecial matters fhould be made to appear c on an appeal.'
Soon after this Uiher obtained a fecond
5.) 26. commiflion as Iieutenant-g9vernor ; but was exprefsly reftricled from interraedliiig* with
NEW-HAMPSHIRE, 251
•'• the appointment of judges or juries, or oth- 1703. * erwife, in matters relating to the difputes 4 between Allen and the inhabitants.' The people did not relifh this re-appointment, nor did his fubfequent conduct reconcile them to it. Upon his firft appearance in October sr council Partridge took his feat as counfellor ; but the next day defired a difmiflion on ac- count of a fliip in the river which demanded his conflant attention. This requeft was granted, and he foon after removed to New-. bury, where he fpent the reft of his days in 2. mercantile department/ and in the bufinefs of his profeffion.*
It had always been a favourite point with Ufher to get the books and files, which had been taken from Chamberlayne, lodged in the fecretary's office. Among thefe files were the original minutes of the fuits which Ma- fon had carried on, and the verdicfls, judg- mients and bills of coft he had recovered. As they were committed to the care of the recorder who was appointed by the general court and removeable only by them, no ufe could be made of thefe papers but by ,confent of the aflembly. When Ulher produced to Nov 4 the council an order from Whitehall that thefe records mould be deposited with the fecretary, Penhallow, the recorder, who was 1704, a member of the council, refufed to deliver ;hem without an adl of the general aflembly authorizing him to do fo.
Ufher fucceeded but little better in his ap- plications for money. He alledged that he
* His son Richard Partridge was an agent for the province in England, One of his daughters wfts married to Governor Belcher and wa? mother tc {he l^te lievitenant-govwnor of Nova-Scotia.
252 HISTORY OF
1704, had received nothing for his former fer vices, though they had given hundreds to Part- ridge ; and complained that no houfe was provided for him to refide in, which obliged him to fpend moil of his time at Boftoru The plea of poverty always at hand was not forgotten in anfwer to thefe demands. But at length, upon his repeated importunity and Dudley's eariieft recommendation, after the aflembly had refufed making any provifion for him, and the governor had exprefsly di- rected him to refide at New-Caftle, and ex-
JaJy- ercife a regular command, it being a time of war ; the council were prevailed upon to al- low hijn two rooms in any houfe he could procure " till the next meeting of the afTem- bly," and to order thirty-eight Jhillings to be given him for the expence of his "journey to and from Bofton."
When Dudley acquainted the aflembly
Feb. 10. with the royal determination in Allen's fuits, they appeared tolerably £uisfied with theequi- table intention difcovn ed therein ; but beg- ged him to reprefent to her majefty that •*• the province was at leaft fixty miles long 4 and twenty wide, containing twelve hun- 4dred fquare miles, that the inhabitants ^claimed only the property of the lands con-
* tained within the bounds of their townlhips, 4 which was lefs than one third of the prov- ' incc, and had been poflefTed by them and
* their aiiceftors more than fixty years ; that c they had nothing to offer as a grievance if 'the other two thirds were adjudged to Al- 4 len ; but fliould be glad to fee the fame 4 planted and fettled for the better fecurity 4 and defence of the whole ; withal defiring
3*EW-HAMPSHIRE. 258
£ it might be confidered how much time, blood 1704. 1 and treafure had been fpent in fettling and < defending this part of fyer majefty's domin- c ion, and that the coft and labour beftowed c thereon far exceeded the true value of the
* land fo that they hoped it was not her maj- c efty's intention to deprive them of all the
* herbage, timber and fuel, withput which 4 they could not fubfift, and that the lands 6 comprehended within the bounds of their 'townfhips w*is little enough to afford thefe RecordSof
* neceflary articles ; it not being ufual in thefe
y . r- i • i J
" plantations to fence in more or their lands
* than would ferve for tillage, leaving the reft
* unfenced for the feeding their cattle in c common.'
Notwithftanding this plea, which was often alledged, Allen, by virtue of the queen's per- miflion, had entered upon and taken poffeflion Dec, w, by turf and twig of the common land in each l708* townfhip, as well as of that which was with- u$her»fi out their bounds, and brought his writ of w*s- 3Je6tment de novo againft Waldron and when the trial was coming on informed Governor Dudley thereof, that he might come into court and demand a fpecial verdift agreeably to the queen's inftrudlions. Dudley from Bofton informed the court of the day when he intended to be at Portfmouth and dffedt- ed the judges to adjourn the court to that day. Before it came he heard of a body of Indians 1704. above Lancafter, which had put the country ^U2- 10 in alarm, and ordered the court to be again adjourned. At length he began his journey ; but was taken ill at Newbury, with nfea- Printed finable fit of the gravel, and proceeded no farr- «tateof AJU ther. The jury in the mea$ time refufed to £"£ mle'
£54 HISTORY OF
1704, bring in a fpecial verdidt ; but found tor defendant with, cofls. Allen again appealed from the judgment.
Perplexed, however, with thefe repeated difappointments, and at the fame time being low in purfe, as well as weakened with age, he fought an accommodation with the peo- ple, with whom he was defirous to fpend the remainder of his days in peace. It has been faid that he made very advantageous offers to Vaughan and Waldron if they would pur- chafe his title ; but that they utterly refufed it. The people were fenfible that a door was ftill open for litigation ; and that after Al- len's death they might, perhaps, meet with as much or more difficulty from his heirs, among whom Ufher would probably have a great influence : They well knew his inde- fatigable induflry in the purfuit of gain, that he was able to harrafs them in law, and had great intereft in England. They therefore thought it befl to fall in with Allen's views, and enter into an accommodation with him.
1705. A general meeting of deputies being held at Portfmouth, the following refolutions and propofals were drawn up, viz. c That they ' had no claim or challenge to any part of the
* province without the bounds of the four 1 towns of Portfmouth, Dover, Hampton and
* Exeter, with the hamlets of New-Caflle and 4 Kingfton, which were all comprehended 4 within lines already known and laid out, <• and which fhould forthwith be revifed ; but 4 that Allen and his heirs might peaceably 4 hold and enjoy the faid great wafte, contain-
mij-es in fengtb and twenty in breadth.
NEW-HAMPSHIRE. 255
w or thereabouts, at the heads of the four 1705, c towns aforefaid, if it fhould fo pleafe her 4 majefty ; and that the inhabitants of the 4 four towns would be fo far from interrupt- 4 ing the fettlement thereof, that they defired 4 the laid wafte to be planted and filled with
* inhabitants, to whom they would give all c the encouragement and affiflance in their
* power. That in cafe Allen would, for him- c f elf and heirs, forever quit claim, to the 4 prefent inhabitants and their heirs, all that £tra6l of land comprehended within the 4 bounds of the feveral towns, and warrant
* and defend the fame againft all perfons, free 4 of mortgage, entailment and every other in- 4 cumbrance, and that this agreement fhould 4 be accepted and confirmed by the queen ; 4 then they would lot and lay out to him and 4 his heirs five hundred acres within the town ' of Portfmouth and New-Caftle, fifteen hun~ L dred in Dover, fifteen hundred in Hamp- •* ton and Kingfton, and fifteen hundred in ' Exeter, out of the commonages of the faid
* towns, in fuch places, not exceeding three 4divifionsin each town, as fhould beft ao 4 commodate him and be leaft detrimental to ' tliem ; and that they would pay him or his 4 heirs two thoufand pounds current money "of New-England at two payments, one with- "* ia a year after receiving the royal confirma- 4 tion of this agreement, and the other within
* a year after tJie firft payment. That all con- 4 trails made either by Mafon or Allen with g any of the inhabitants, or others, for lands ; or other privileges in* the poiTeflion of their
* tenants in their own juil right, befide the ' ~b!ve of Mafoa and Allen, and no other.
256 HISTORY OF
1705. *fhould be accounted valid ; but that if any 4 of the purchafers, leflees or tenants fhould ( refufe to pay their juft part of thefums agreed
* on, according to the lands they held, their
* fhare ihould be abated by Allen out of the
* two thoufand pounds payable by this agree-
* ment. That upon Allen's acceptance, and 4 underwriting of thefe articles, they would
* give perfonal fecurity for the aforef aid pay- 4 ment ; and that all aftions and fuits depend-
* ing in law concerning the premifes fhould
* ceafe till the queen's plealure fhould be
* known.'
rf LC°rt Thefe articles were ordered to be presented of Lords of to Allen for his acceptance : But fo defirable an iiTue of the controverfy was prevented by his fudden death, which happened on the next day. He left a foil and four daughters, and died inteftate.
Colonel Allen is reprefented as a gentle- man of no remarkable abilities, and of a foli- tary rather than a focial difpofitioii ; but 5" mild, obliging and charitable. His charac- ftS^'i- teri while -he was a merchant in London, was monand fair and upright, and his domeftic deport-
letter to • i i i i T T
Mr. Prince, ment amiable and exemplary, tie was a **s- member of the church of England by pro- feffion, but conflantly attended divine wor- fhip in the congregation at New-Caftle, and was aftri^l obferver of the chriftian fabbath. He died on the fifth of May 1705, in the feventieth year of his age, and was buried in the fort.
After his death his only fon, Thomas Ai- 17Q6. len, Eiq. of London, renewed thciuit, by pe- titioning the queen, who allo^ved iiim ic. bring a new writ of ejecfcpent. and .:>rdere.d
NEW-HAMPSHIRE. 257
a revival of the dire&ions given to the go v- 1706o ernor in 1703, with refped to the jury's find- MaT16- ing a fpecial verdift. Accordingly Allen, having previouily conveyed one half of the lands in New-Hampfliire by deed of fale to Sir Charles Hobby, and appointed his moth- August 20 er Elizabeth Allen his attorney, brought his writ of ejedlment againft Waldron in the in-
r . J c ! TV ApnI15
ferior court ot common pleas where he was caft. He then removed it by appeal to the fuperior court, where it had been tried three years before. As this was the laft trial, and as all the ftrength of both parties was fully diC- played on the occafion, it will be proper to give as ju'ft a view of the cafe as can now be collected from the papers on file in the office of the fuperior court.
On Allen's part Were produced copies of the charter by which King James I. confti- tuted the council of Plymouth ; their grants to Mafon in 1629 and 1635 ; his laft will and teftament ; an inventory of artillery, arms, ammunition, provifions, merchandize atid cattle left in the care of his agents here at his death ; depofitions of feveral ancient perfons taken in 1685, who remembered the houfes, fields, forts, and other pofleflions of Capt. Mafon at Portfmouth and Newichwan- nock, and were acquainted with his agents, ftewarcls, factors and other fervants, who di- videdthe cattle and merchandize among them after his death ; the opinions of Sir Geoffry Palmer, Sir Francis Winnington and Sir Wil- liam. Jones in favour of the validity of Ma- fon's title ; King Charles' letter to the prefi- dent and council of New-Hampfliire in 1680 5
th-e paragraph of Cranfield'a commiffion?
1 1
258 HISTORY OF
1707. which refpeds Mafon's claim in 1682 ; the writ, verdicfi, judgment and execution againft Major Watdron in 1683 ; the decifion of the king in council againft Vaughan in 1686 ; Dudley's writ of certiorari in 1688 ; the fine and recovery in Weftminfter-hall whereby the entail was cut off, and the confequent deed of fale to Allen in 1691 ; Sir Edward Northey's report in 1703 ; and evidence of Allen's taking pofleflion of the waftes, and of his inclofing and occupying fome land at Great Ifland. On this evidence, it was plead- ed that the title derived from Mafon, and his poffeffion of the province, of which the lands in queftion were part, was legal ; that the appellee's pofTeflion had been interrupted by the appellant and thofe from whom he de- rived his title, more efpecially by the judg- ment recovered by Robert Mafon againft Major Waldron ; and a fpecial verdidl was moved for, agreeably to the royal directions. The council on this fide were James Mein- zies and John Valentine.
On Waldron's part was produced the deed from four Indian fachems to Whelewright and others in 1629 ; and depositions taken from feveral ancient perfons who teftified that they had lived with Major Waldron, when he began his plantation at Cochecho, about the year 1640, and allifted him in building his houfes and mills, and that no perfon had difturbed him in the poiTeffion thereof for above forty years. To invalidate the evidence of the title produced on the op- pofite fide, it was pleaded, That the alledg- ed grant from the council of Plymouth to Mafon in 1629, was not figned ; that livery
NEW-HAMPSHIRE. 259
and i'eizin were not endorfed on it as on oth- 1707* er of their grants, and as was then the legal form ; nor was it ever enrolled according to ftatute : That the fale of part of the fame lands in 1628 to the Maflachufetts company, by an inftrument figned and executed ac- cording to law, renders this fubfequent grant fufpicious ; and that his pretending to pro- cure another grant of part of the fame lands in 1635, was an argument that he himfelf could not rely on the preceding one, nor was it credible that the fame council mould grant the fame lands twice, and to the fame perfon : That the alledged grant in 1635 was equally defective ; and that he mufl relinquifh one or the other, it being contrary to the reafon and ufage of law to rely on two feveral titles at once. It was urged, That Waldron's po£- feflion was grounded on a deed from the na- tive lords of the foil, with whom his father had endeavoured to cultivate a friendly con- nexion ; that he had taken up his land with their confent, when the country was a wil- dernefs ; had cultivated it, had defended it in war at a great expence, and at the hazard of his life, which he finally loft in the attempt ; that the Indian deed was legally executed in the prefence of the factors and agents of the company of Laconia, of which Mafon was one ; that this was done with the toleration of the council of Plymouth, and in purfuance of the great ends of their incorporation, which were to cultivate the lands, to people the coun- try and chriftianize the natives, for thehonour and intereft of the crown and the trade of Eng- land, all which ends had been purfued and at- tained by thajappellee and his aneeftor. It was
'260 HISTORY Q-F
1707. alfo alledged, that the writ agaiiill Major Waldron in 1683 was for "lands and tene- ments," of which the quantity, iituation and bounds were not defcribed, for want of which no legal judgment could be given ; that no execution had ever been levied, nor was the pofleflbr ever difturbed or amoved by reafon thereof ; and that the copies produced were not attefted, no book of records being to be found. To invalidate the evidence of Ma- fon's pofTeflion, it was obferved, that he him- felf was never here in perfon ; that all the fet- tlement made by his agents or fucceflbrs was only a fadlpry for trade with the Indians, and principally for the difcovery of a country called Laconia ; and that this was done in company with ieveral other merchant-adven- turers in London, who, for the fecurity of their goods ere&cd a fort ; but that this could not amount to a legal poiTeffion, nor prove a title to the country, especially as upon the failure of trade, the object of their enterprize, the,y quitted their factory, after a few years {lay in, thefq parts.
As to the motion for a fpecial verdict, it was faid that a jury could not find one, if they had 10 doubt of the law or fact, for the reafon of A fpecial verdict is a doubt either in point of ;-\y, or evidence ; nor was it confident with the- privileges of Engliihmen that a jury iliould b^ compelled to find fpocially. In ad- dition to thefe pleas it was further alledged, that by the. tlatute law no action of ejectment can be maimtained except the plaintiff, or thofe under whom he claims, have been in poffeffion within twenty years ; and if they hav,e been out of poffeffion fixty years, thep
NEW-HAMPSHIRE.
261
only an eje<5teent, but a writ of right, 1707, and all other real actions are barred in refpeft of a fubjedl, and that in fuch cafes the right of the crown is alfo barred : and that by the ftatute of 32 Hen. 8. ch. 9. It is enabled, that no perfon ihall purchafe any lands or tene- ments, unlefs the feller, or they by whom he claims, have been in pofleilion of the fame or the reveriion or the remainder thereof, or have taken the rents or profits thereof by the fpace of one whole year next before fuch bar- gain is made ; and that the appellee and his anceftor, and no other perfon whatever had been in pofleffion of the premifes, nor was it ever pretended by the appellant that the Ma- fons, of whom the purchafe was made, were in pofTeffion within one year, or at any time before the alledged purchafe ; that all the mifchiefs provided againft by the above ftat- ute have been experienced by the people of New-Hampfhire from the purchafe made by the appellant's father, of the bare title of the propriety of the province. The council on this fide were John Pickering and Charles Story.
A certificate from the lieutenant-governor refpecling the queen's directions was deliver- ed to the jury who returned the following Aug< l2" verdict : " In the caufe depending between •" Thomas Allen, Efq. appellant and Richard u Waldron, Efq. defendant, the jury findes " for the defendant a confirmation of the for- " mer judgment and cofts of courts. Mark u Hunking, foreman."
The court then fent out the jury again, with this charge, " Gentlemen, you are further to " confider this cafe and obferve her majefty's
262 HISTORY OF
1707. a directions to find fpecially and your oaths." They returned the fecond time with the fame verdidl ; upon which the court ordered judg- ment to be entered, and that the defendant recover cofts of the appellant. The council for the appellant then moved for an appeal to her majefty in council ; which was allow- ed on their giving bond in two hundred pounds to profecute it.
But the loyalty of the people, and the dif- c«unciiand treffcs under which they laboured by reafon Re^d».y * of the war, prevailed on the queen's miniftry to fufpend a final decifion ; and before the printed appeal could be heard, Allen's death, which j^*'*^ happened in 1715, put an end to the fuit, P. 10. which his heirs, being minors, did not re- new.
NEW-HAMPSHIRE. 263
CHAP. XII.
7V/? war with the French and Indium, called Quten
. — Conclusion cj' Dudta/'* and U&hcr's administration,
THE peace which followed the trea- ty of Ryfwick was but of fhort duration, for the feeds of war were ready fown both in Europe and America. Louis had proclaim- ed the pretender king of England, and his Governor Villebon had orders to extend his province of Acadia to the river Kennebeck, though the Englifh court underftood St. Croix to be the boundary between their ter- ritories and thofe of the French. The fifhery was interrupted by French men of war, and by the orders of Villebon, who fuffered no Englifh veflels to filh on the bauks of Nova- Scotia. A French miflion was eftablifhed, and a chapel ere6led at Norridgewog, on the upper part of Kennebeck, which ferved to extend the influence of the French among the Indians. The governor of Canada, a£- fuming the character of their father and pro- tector, mitigated them to prevent the fettle- ment of the Englim to the eaft of Kennebeck, and found fome among them ready to liflen to his advice. The people in thofe parts were apprehenfive of danger and meditating a removal, and thofe who had entertained thoughts of fettling there were reftrained.
Things were in this pofture when Dudley entered on his government. He had particu- lar orders from England to rebuild the fort at Pemaquid ; but could not prevail on the Maflachufetts aflembly to bear the expence
264 HISTORY OF
of it. However he determined on a vifit to the eaftern country, and having notified his intention to the Indians, took with him a number of gentlemen of both provinces*, 1703. ancj jieid a conference at Cafco with delegates from the tribes of Norridgewog, Penobfcot, Pigwacket, Penacook and Amarifcoggin ; who aflurecl him that " as high as the fun was " above the earth, fo far diflant was their de- " fign of making the lead breach of the " peace;" They prefented him a belt of wam- pum in token of their fincerity, and both par- ties went to two heaps of ftones which had- formerly been pitched and called the Two Brothers, where the friendftiip was further ratified by the addition of other ftones. They alfo declared, that although the French emit faries among them had been endeavouring ta break the union, yet it was " firm as a moun- "taiii, and fhoula continue as long as the " fun and moon." Notwithstanding thefe fail- appearances, it was obferved that when the Indians fired a falute their guns were charg- ed with mot ; and it was fufpeiled that they had then formed a defign to feize the gover- nor and his attendants, if a party which they expedled from Canada, and which arrived two or three days after, had come in proper feafon to their afliftance. However this might be, it is certain that in the fpace of fix weeks, a st 10. body of French and Indians, five hundred in number, having divided themfelves into fev- eral parties, attacked all the fettlements from Cafco to Wells, and killed and took one rmr>-
* Mr. Hutehinson has misplaced t1 <
NEW-RAMPSHIRE. 263
dred and thirty people, burning and deftroy- 1703« ing all before them*.
The next week (Auguft 17} a party of thirty Indians under Captain Tom killed five people at Hampton village ; among whom was a widow Muffy, a noted fpeaker among the friends, and much lamented by them ; they alfo plundered two houfes ; but the people being alarmed, and purfuing them, they fled.
The country was now in terror and confu- fion. The women and children retired to the garrifons. The men went armed to their work and ported centinels in the fields. Troops of horfe were quartered at Portfmouth and in the province of Maine. A fcout of three hun- dred and fixty men marched toward Pig- wacket, and another to the OfTapy Pond, but made no difcoveries. Alarms were frequent, and the whole frontier country from Deeir- field on the weft, to Cafco on the eart was kept in continual terror by fmall parties of the enemy.
In the fall Col. March of Cafco made a vifit to Pig wacket, where he killed fix of the enemy and took fix more ; this encouraged the government to offer a bounty of forty pounds for fcalps.
As the winter came on, the frontier towns were ordered to provide a large number of fnow-fhoes ; and an expedition was planned hi New-Hampfhire, againft the head-quar- ^ters of the Indians. Major Winthrop Hil-
* Mr Hutchi.ison takes no notice of this remarkable devastation, which1 is particulatly relntfxl by Mr. PcnhaUow in his " wars of New-En^
land." p. ?*.
HISTORY O*
J7Q3. ton, and Captain John Oilman of Exeter,, Captain Chefley and Captain Davis of Oyfter river, marched with their companies on ihow ihoes into the woods ; but returned without fuccefs. This is called in the council books " an honourable fervice :" Hilton received a gratuity of twelve, and each of the captains five pounds.
1704 With the return of fpring there was a re*- turn of hoftilities ; for notwithftanding the polling a few fouthern Indians in the garri- fons at Berwick, the enemy appeared at Oy£ ter river, and {hot Nathaniel Meclar near his
April 25. own field, and the next day killed Edward Taylor near Lamprey river, and . captivated his wife and fon. Thefe inftances of mif- chief gave colour to a falfe alarm at-Coche- cho, where it was faid they lay in wait for CbL \Valdron a whole day, but miffing him by reafon of his abfeiice from home, took his fervant maid as ihe went to -a fpring for water ; and having examined her as to the ftate of the garrifon, ftunned her with an hatchet but did not fcalp her.
In May, Col. Church, by Governor Dud- ley's order, having planned an expedition to dre eaftern fhore, failed from Bofton with a number of tranfports, furnifhed with whale- boats for going up rivers. In his way he flopt at Pafcataqua, where he was joined by a body of men under Maj. Hilton, who was of eminent fervice to him in this expedition*, which lad- ed the whole fummer, and in which they deftroyed the towns of Minasand Chiegnecto,
* This is called in the council books "an expedition tW-Pcrrt-RoyaV nnd this was the ostensible object. But Church in his memoirs says that Dud* }^ would not permit him to go there.
Church, p. 104. Hutch. II. 146.
NEW-HAMPSHIRE. 267
and did confiderable damage to the French 1/704» and Indians at Penobfcot and Paflamaquod- dy, and even inlulted Port Royal. While they were at Mount Defart, Church learned from nine of his prifpners that a body of * fix hundred Indians were preparing for an attack on Cafco, and the head of Pafcataqua river ; and lent an exprefs to Portfinouth which obliged the people to be vigilant. No fuch great force as this appeared ; but final! parties kept hovering on the outfkirts. At Oyfter river they wounded William Tafker ; and at Dover they laid in ambuih for the people on their return from public worfhip, but happily mifled their aim. They after- ward mortally wounded Mark Gyles at that place, and foon after killed feveral people in AMgus1 a field at Oyfter river, whole names are not mentioned,
In the former wars New-Hampfhire had received much afliftance from their brethren of MaiTachufetts ; but thefe now remonftrat- ed to the governor that his other province did not bear their proportion of the charge for the common defence. The reprefenta- tives of New-Hampfhire urged, in reply, the different circumftances of the two provinces ; * moft of the towns in Maflachufetts being out of the reach of the enemy, and no oth- erwife affedted by the war than in the pay- ment of their part of the expence, while this province was wholly a frontier by fea and land, and in equal danger with the county of York, in which four cprnpanies were fta«-
* i suppose this is the party whom Penhallow mentions, p. 23, who quarrelled on their march about dividing the plunder which they might take, and of whom two hundred returned while the rest pursued their march, anxl «??d damage at Lancaster and Greton,
HISTORY OF
$704. tioned, and the inhabitants were abated then proportion of the public charges." They beg- ged that twenty of the friendly Indians might
Council r - J i'ii i • i
Rec. be lent to icout on their borders, which re- queft the governor complied with.
1705. In the winter, Col. Hilton with two hun- dred and feventy men, including the twen- ty Indians, were fent to Norridgwog on fnow fhoes. They had a favourable ieafon for their march, the fnow being four feet deep. When they arrived there, finding no enemy to contend with, they burnt the deferted wigwams, and the chapel. The officers who went on this expedition complained that they had only the pay of private foldiers.
The late repairs of fort William and Mary at New-Caftle were always complained of as burdenfome to the people, and a reprefenta- tion thereof had been made to the queen, who inilrudled Dudley to prefs the afTembly of Maflachufetts to contribute to the ex- pence ; as the river belonged equally to both provinces. They urged in excufe that the fort was built at firft at the fole charge of New-Hampihire to whom it properly be- longed ; that the whole expence of the re- pairs did not amount to what feveral of their towns fingly paid toward the fupport of the war for one year ; that all the trade and nav- igation of the river, on both fides, paid a du- ty toward maintaining that fortrefs ; and that they had been at great expence in protecting the frontiers of New-Hanif ihire, and the par- ties who were employed in getting timber and mafts for her majefly's fervicc ; while New-Hampfhire had never contributed any ag to the fupport of the gamfbns, forces
NEW-HAMPSHIRE. 260
and guards by fea, which were of equal ben- 1705- efit to them as to MafTachufetts. One thing which made New-Hampfhire more in favour with the queen was, that they had fettled a falary on her governor, which the others nev- er could be perfuadedto do. The repairs of the fort, however, went on without their af- fiftance, under the direclion of Col. Romer ; and when they were completed, a petition was fent home for a fupply of cannon, am- munition and ftores.
The next fummer was chiefly fpent in ne- gotiating an exchange of prifoners ; and Dud- ley had the addrefs to protracl the negotia- tion, under pretence of confulting with the other governments about a neutrality pro- pofed by the governor of Canada, by which means the frontiers in general were kept tol- erably quiet, although the enemy appeared once or twice in the town of Kittery. The line of pickets* which inclofed the town of Portfmouth was repaired, and a nightly pa- trole eftablifhed on the fea more from Ren- dezvous Point to the bounds of Hampton, to prevent any furprize by fea ; the coaft being at this time infefted by the enemy's privateers.
During this truce, the inhabitants of Kingf- ton who had left the place, were encouraged to petition for leave to return to their lands ; which the court granted on condition that they {hould build a fort in the center of the town, lay out a parfonage and fettle a miniC- ter within three years. This laft condition was rendered impracticable by the renewal of hoftilities.
* Tins line extended from the miU-pond on the south, to the creek on the n.iri'i side of the town. Itcrossed the main street a few rods westward of
<.-t •vherti the State House now stands*
270 HISTORY 0*
1795. The governor of Canada had encouraged New-England to remove to Canada, where being incorporated with the tribe of St. Fran- cis, they have ever fince remained. By this policy they became more firmly attached to the intereft of the French, and were more eafily difpatched on their bloody bufinefs to the frontiers of New-England, with which they were well acquainted. Dudley, who was generally apprized of their movements, and kept a vigilant eye upon them, appre- hended a rupture in the winter ; and gave or- ders for a circular fcouting march, once a month, round the head of the towns from
1706. Kingfton to Salmon falls ; but the enemy did not appear till April ; when a fmall party of them attacked the houfe of John Drew at Oy~ fter river, where they killed eight and woun- ded tvvo. The garrifon was near, but not a man in it>: the women, however, feeing nothing but death before them, fired an alarm, and then putting on hats, and loofening their hair that they might appear like men, they fired fo brifkly that the enemy, apprehend- ing the people were alarmed, fled without burning or even plundering the houfe which they had attacked. John Wheeler, meeting this party and miftaking them for friendly Indians, unhappily fell into their hands and was killed with his wife and two children. Four of his fons took refuge in a cave by the bank of the Little Bay, and though purfued by the Indians efcaped unhurt.
In July, Colonel Schuyler from Albany gave notice to Dudley that two hundred and feventy of the enemy were on their march toward Pafcataqua, of which he immediately
NEW-HAMPSHIRE,
the Indians who inhabited the borders of 1706* informed the people, and ordered them to clofe garrifon, and one half of the militia to be ready at a minute's warning. The firft appearance of this body of the enemy was at Dunflable ; from whence they proceeded to Amefbury and Kingfton, where they killed fome cattle. Hilton with fixty four men marched from Exeter ; but was obliged to return without meeting the enemy. The rea- fon he gave to the council for returning fo foon was the want of provifion, there being none in readinefs at the garrifons, notwith- ftanding a law lately ena<5led, enjoining it on every town to have ftores ready and de- pofited in the hands of their captains. For the fame reafoii he had been obliged to di£- continue a fmall fcout which he had for fome time kept up. Hilton was fo brave and aclive an officer that the enemy had marked him for definition ; and for this purpofe a party of them kept lurking about his houfef %vhere they obferved ten men to go out one morning with their fcythes, and lay afide their arms to mow ; they then crept between the men and their guns, and fuddenly rufh- i.ng on them, killed four, wounded one, and took three ; two only of the whole number efcaped. They miffed the major for this time, and two of their prifoners efcaped ; but fuffered much in their return, having noth- ing to fubfift on for three weeks but lily roott and the rinds of trees. After this they August 10 killed William Pearl and took Nathaniel Tib- bets at Dover. It was obferved during this war that the enemy did more damage in fmall bodies than in larger, and by fcattering
272
HISTORY
1706. along the frontiers kept the people in con- tinual apprehenfion and alarm ; and fo very few of them fell into our hands, that in com-
Penhaiiow, Fating the expence of the war it was judged p-40- that every Indian killed or taken cofl the
1707. country a thoufand pounds.
In di-efol! owing winter Hilton made anoth- er excurfion to the eaftward, and a fhallop was fent to Cafco with {tores and provifions for his party, confifting of two hundred and twenty men. The winter being mild, and the weather unfettled, prevented their march- ing fo far as they intended : cold dry weath- er and deep fnow being moft favourable to winter expeditions. However they came on an Indian tracknear Black Point, and purfuing it, killed four, and took a fquaw who conducted a» 21 them to a party of eighteen, whom they fur- prized as they lay afleep on a neck of land at break of day, and of whom they kill- ed feventeen, and took the other. This was matter of triumph confidering the diffi- culty of finding their haunts. It was re- marked that on the very morning that this affair happened, it was reported, with but little variation from the truth, at Portfmouth, though at the diftance of iixty miles.
When Church went to Nova-Scotia, he very earneftly folicited leave to make an at- tempt on Port Royal ; but Dudley would not confent, and the reafon'he gave was, that he had written to the miniftry in. England and exps6led orders and naval help to reduce the place. His enemies however afligned anoth- er reafon for his refufal ; which was that a .clandeftine trade was carried on by his con- nivance, and to his emolument, with the
NEW-HAMPSHIRE. 273
'French there. This report gained credit and 1707. occafioned a loud call for juiiice. Thofe who were diredily concerned in the illegal traffick, were profecuted and fined ; and the governor ^ch* fuffered much in his reputation. To wipe off Massa. ihefe afperfions he now determined to make ^ is* an attack in earned on Port Royal, even though no affiitance mould come from Eng- land. It was intended that an armament mould be feat to America, and the command- er was appointed ; but the ftate of affairs in Europe prevented their coming.
Early in the fpring the governor applied to the aflemblies of both his provinces, and to the colonies of Rhode Ifland and Connec- ticut, requefting them to raife onje thoufand men for the expedition. Connecticut de- clined ; but the other three raifed the whole number, who were difpofed into two regi- ments, of which Colonel Wainwright com- manded the one, and Colonel Hilton the other. They embarked at Nantafket in twenty three tranfports furnimed with whaleboats, under convoy of the Deptford man of war, Capt. Stuckley, and the pro- vince galley, Captain Southack. The chief command was given to Colonel March, who had behaved well in feveral fcouts and ren- counters with the Indians, but had never been tried in fuch fervice as this. They ar- rived before Port Royal in a few days, and after burning fome houfes, killing fome cat- tle round the fort, and making fome ineffec- tual attempts to bombard it, a jealoufy and difagreement among the officers, and a mif- apprehenfion of the ftate of the fort and gar-
I- L
HISTORY OF
1707. rifon, cauled the army to break up and ream- and^6 kark *n a diforderly manner. Some of the officers went to Bofton for Orders, fome of the tranfports put in at Cafco ; a (loop with Captain Chefley's company of fixty men ar- June 13. rived at Portfmouth : Chefley fuffered his council men to difperfe, but ordered them to return Record*. at ^ ^^ Qf ^ drum i Being called to ac- count for this condudt he alledged that "gen- " eral orders were given at Port Royal for " every man to make the befl of his way " home." The governor, highly chagrined and very angry, fent orders from Bofton that if any more veflels arrived the men ihould not be permitted to come on fhore " on pain of death." After a while he ord- ered Chefley's company to be collected and reimbarked, offering a pardon to thofe who voluntarily returned, the reft to be feverely punifhed. By the latter end of July they got on board, and with the reft of the army, returned to the place of adion. At the land- ing, an ambufcade . of Indians from among the fedge on the top of a fea-wall, greatly annoyed the troops. Major Walton and Captain Chefley, being then on fhore with the New-Hampfhire companies, puflied their men up the beach, flanked the enemy, and after an obftinate ftruggle put them to flight. The command was now given to Wamwright, and the army put under the direction of three fupervifors ; but no means could in- fpire that union, firmnefs and fkill which were neceffary. By the laft of Auguft the whole affair was at an end, and the army re- turned fickly, fatigued, difheartened,
NEW-HAMPSHIRE. 275
afliamed ; but with no greater lofs than fix- 1707. teen killed and as many wounded.
While this unfortunate expedition was in hand, the frontiers were kept in continual alarm. Two men were taken from Oyfter May 2^ river, and two more killed as they were driv- j«iy 3. ing a team between that place and Dover. Captain Sumerfby purfued with his troop and recovered the contents of the cart. Ste- phen and Jacob Gilman, brothers, were am- burned between Exeter and Kingfton ; their page 45 horfes were killed, but both of them efcaped to the garrifon. Kingfton, being a new plantation, was much expofed, and was this fummer weakened by the defertion of eight men. The remaining inhabitants complain^ ed to government, who ordered the captains of Exeter and Hampton to take them up as defer ters, and oblige them to return to the defence of their fettlements, or do duty at the fort during the governor's pleafure. They were afterward bound over to the fef- fions for contempt of orders. The ftate of the country at this time was truly diftrefled ; a large quota of their beft men were abroad, the reft harrafled by the enemy at home, obliged to continual duty in garrifons and in fcouts, and fubject to fevere difcipline for ne- glecls. They earned their bread at the con- tinual hazard of their lives, never daring to ftir abroad unarmed ; they could till no lands but what were within call of the gar- rifoned houfes, into which their families were crowded ; their hufbandry, lumber- trade and fiihery were declining, their taxes increafing, their apprehenfions both from the force pf the enemy and the failure of the.
276 HISTORY OF
1707. Port Royal expedition were exceedingly dii- mal, and there was no profpeft of an end to the war, in which they were now advanced to the fifth fummer. Yet under all thefe dif- treffes and difcouragements, they refolutely kept their ground and maintained their gar- tifons, not one of which was cut off during the whole of this War, within the limits of New-Hampfhire.
4FPt. is. jn September one man Was killed at Ex<e-
*~i7- ter, and two days after Henry Elkins at Kingfton. But the fevereft blow on tfie frontiers happened at Oyfter river, a place which fuffered more than all the reil. A party of French Mohawks painted red, at- tacked with an hideous yell a company who were in the Woods, fome hewing timber and others driving a team, under the direction of Captain Chefley who was juft returned the fecond time from Port Royal. At the firft fire they killed feven and mortally woiu another. Chefley, with the few who were left, fired on the enemy with great vigour, and for fome time checked their ardor ; but being overpowered, he at length fell. He was much lamented, being a brave officer. Three of the fcalps taken at this time were foon after recovered at Berwick.
J.708. The next year a large army from Canada was deftined againft the frontiers of New- England. Dudley received information of it in the ufual route from Albany, and im- mediately ordered guards in the mod ex- pofed places of both his provinces. A troop under Captain Robert Coffin patrolecl from Kingfton to Cochecho, and fcouts were kept Out continually, Spy-boate were alfo kepi
NEW-HAMPSHIRE.
out at fea between Pafcataqua and Winter 170&* harbours. Four hundred Maifachufetts fot- diers were polled in this province. The towns were ordered to provide ammunition, and all things were in as good a (late of pre- paration as could be expecfled. At length ^ M the ilorm fell on Haverhill ; but the ene- my's force having been diminiftieti by va- rious accidents, they proceeded 110 farther, an c! every pare of New-Hamplhire was quiet. -Hilton made another winter march to Pig- J^JjJJ0*' wacket with one hundred and feventy men, but made no difcovery.
The next fpring William Moody, Samuel 1709. Stevens, and two fons of Jeremy Oilman were May 5. taken at Pkkpocket-mill in Exeter, and foon after Bartholomew Stevenfon was killed at June so. Oyfter river. Colonel Hilton and Captain Davis performed their ufual tour of duty in fcouting, and the people this fummer kept clofe in garrifon, on a report that two hun- dred Indians had marched againft them from Montreal. But the principal objedl now in view was a defire of wiping off the difgrace of a former year by an attempt, not on Port Royal, but on Canada itfelf. For this pur- pofe felicitations had been made in England by Francis Nicholfon, Efq, who had been lieutenant-governor of Virginia, and Captain Samuel Vetch a trader to Nova-Scotia, who was well acquainted with the French fettle- ments there, and made a full reprefentation of the ftate of things in America to the Brit- ifh miniftry. An expedition being deter- mined upon they came over early in the fpring with the queen's command to the gov- ernors of the feveral provinces to raife men
278 HISTORY OF
1709, for the fervice. Vetch was appointed a colo- nel, and Nicholfon, by nomination of the governor of New- York, and confent of the other governments, was made commander in chief. The people of New-Hampfhire were fo much exhaufted, and their men had been, fo ill paid before, that it was with great diffi- culty, and not without the di flotation of one aflembly and the calling of another, that they could raife money to levy one hundred men and procure two tranfports for convey- ing them. After the utmoft exertions had been made by the feveral governments, and Nicholfon with part of the troops had march- ed to Wood creek, and the reft with the tranfports had lain at Nantafket three months waiting for a fleet, news arrived that the ar- mament promifed from England was divert- ed to another quarter. Upon which the commander of the frigates on the Bofton ftation refufed to convoy the troops, the whole army was disbanded, and the expence the colonies had been at was fruitlefs. A congrefs of governors and delegates from the aiTemblies met in the fall at Rhode-Ifland, who recommended the fending home agents to affift Colonel Nicholfon in reprefenting the ftate of the country, and foliciting an expe- dition againft Canada the next fpring. The minillry at firft feemed to liflen to this pro -
171Qji pofal, but afterward changed their minds, and refolved only on the reduction of Port Royal. For this purpofe Nicholfon came over in July with five frigates and a bomb ketch ; the colonies then had to raife their quotas ; the New-Hampihire aflembly ord- ered one- hundred men, who were got ready
NEW-HAMPSHIRE. 279
as foon as poffible, and put under 'the com- 1*710. mand of Colonel Shadrach Walton. The whole armament failed from Bofton the eighteenth of September, and on the twenty- fourth arrived at the place. The force now being equal to its reduction, Subcreafe, the governor, waited only the compliment of a few {hot and Ihells as a decent pretence for a furrender ; which was completed on the fifth of October, and Vetch was appointed governor of the place which in honor of the p queen was called Annapolis.
While this expedition was in. hand, and be- fore the appointment of the commanders, New-Hampfhire fuftained an heavy lofs in the death of Col. Winthrop Hilton. This worthy officer being concerned in the mail- juiy 2$: ing bufinefs, and having feveral large trees felled about fourteen miles from home, went out with a party to peel the bark that the wood might not be injured by worms. While engaged in this bufinefs they were am- buftied by a party of Indians, who at the firft fire killed Hilton with two more, and took two ; the reft being terrified, and their guns being wet, made no oppofition, but efcaped. The next day one hundred men marched in purfuit but difcovered only the mangled bodies of the dead. The enemy in their barbarous triumph had (truck their hatchets into the colonel's brains, and left a lance in his heart. He was a gentleman "of w good temper, courage and conduct, refpedl- PenhaH u ed and lamented by all that knew him," and was buried with the honours due to his rank and character.
Flufhed with this fuccefs, they infolently
HISTORY OF
1710. appeared in the open road at Exeter, and took four children who were at their play* They alfo took John Wedgwood, and killed John Magoon near his brother's barn, a place which for three days he had vifited with a melancholy apprehenfion arifing from a dream that he fliould there be murdered.
The fanae day that Hilton was killed, a company of Indians who had pretended friendihip, who the year before had been peaceably converfant with the inhabitants of Kingfton, and feemed to be thirfting after the blood of the enemy, came into the town, and ambuihing the road, killed Samuel Win- flow and Samuel Huntoon ; they alfo toqk of ?wS!er PkinP Huntoon and Jacob Oilman, and car- ciark *> ried them to Canada ; where, after fome time, lce' they purchafed their own redemption by building a faw-mill for the governor after the Englifh mode.
The laft that fell this fummer was Jacofe Garland, who was killed at Cochecho on his return from the public worfhip. As the winter approached, Colonel Walton with one hundred and dfeventy men traverfed the eaft- ern Ihores, which the Indians ufually vifited at this feafon for the purpofe of gathering clams. On an Ifland where the party was encamped, feveral Indians decoyed by their fmoke, and miftaking them for fome of their own tribe, came among them and were made prifoners. One of them was a fachqm of Norridgwog, active, bold and fullen ; when he found himfelf in the hands of enemies he would anfwer none of their queftions, and laughed with fcorn at their threatening him with death. His wife, being an eve witncft
NBW-H AMPS HIRE. 281
6f the execution of the threatening, was fo 17UX intimidated as to make the difcoveries wk'i.ii the captors had in vain defired ox the fa- chem ; in confequence of which, three were taken at the place of which fhe informed, and two more at Saco river, where alfa five were killed. This fuccefs, inconsiderable as it may appear, kept up the fpirits of the peo- ple, and added to the lofs of the enemy who were daily diminilhing by ficknefs and fa- mine.
In the fpring they renewed their ravages j^jj on the frontiers in fmall parties. Thomas Downs, John Church, and three more w killed at Cochecho ; and on a fabbath day feveral of the people there fell into an ambufli as they were returning from public worfhi.p. John Horn was wounded, and Humphrey Fois was taken ; but, by the determined bravery of Lieutenant Heard, he was recov- ered out of the hands of the enemy. Walton with two companies marched to the ponds about the fiftiiiig feafon ; but the Indians had withdrawn, and nothing was to be feen peilha!iow but their deferted wigwams.
After the reduction of Port Royal Nichol- fon went to England to folicit an expedition againii Canada. The tory miniftry of Queen Anne, to the furprize of all the whigs in England and America, fell in with the pro- pofal ; and on the eighth of June, Nicholfon came to Bofton with orders for the northern colonies to get ready their quotas of men and provifion by the arrival of the fleet and ar- my from Europe ; which happened within iixteen days ; and while the feveral gover- nors were holding a confutation on the fub-
M vi
HISTORY OF
1711. jedt of their orders. A compliance With them in fo fhort a time was impoffible ; yet every thing that could be done was done ; the nature of the fervice confpiring with the wifhes of the people, made the governments exert themfelves to the utmoft. New-Hamp- fhire raifed one hundred men, which Was more than they could well fpare ; ,pne half of the militia being continually employed in guarding the frontiers. They alfo voted them fubfiftence for one hundred and twen- ty fix days, befides providing for them on fhore before their embarkation. Two tranf- ports were taken up at eightfliillings per month per ton ; and artillery ilores were iffued from the fort* The colony forces formed two regi- ments under the command of Vetch and Walton. The army which came from Eng- land were fcven veteran regiments of the Duke of Maryborough's army, and a battal- ion of marines, under the command of Brig- adier-General Hill, which, joined with the New-England troops made a body of about fix thoufand five hundred men, provided with a fine train of artillery. The fleet con- fiftecl of fifteen fhips of war from eighty to thirty-fix guns, with forty tranfports and fix ftoreihips under the command of Admiral
kutch. vol. Walker. A force fully equal to the reduc-
». p. 190. . - ,-. ,
tion of (Quebec.
The fleet failed from Bolloii on the thir- tieth of July ; and a fail was ordered by . RCC. Dudley to-be kept on the lafl Thurfday of that, and each fuccceding month, till the en- terprize Ihould be finiihed. This war, imitation of the condudl of the long parlia-N- ment during the civil wars in the lail centu-
NEW-HAMPSHIRE.
ry. But the fanguine hopes of fuccefs which 1711. had been entertained by the nation and the colonies were all blafted in one fatal night, • For, the fleet having advanced ten leagues : into the river St. Lawrence, in the night of the twenty third of Auguft, the weather be- jng thick and dark, eight tranfports were wrecked on Egg-Ifland near the north fhore, and one thoufand people perifhed ; among whom there was but one man who belonged to New-England. The next day the fleet put back, and were eight days beating down the river againil an eafterly wind which would in two days have carried them to Quebec. After raidezvoufmg at Spanifh river in the ifland of Cape Breton, and hold- ing a fruitlefs confiscation about annoying the French at Placentia, the expedition was broken up : the fleet returned to England, and the New-England troops to their homes. Loud complaints and heavy charges were made on this occafjon 5 the ignorance of the pilots ; the obftinacy of the admiral ; the detention of the fleet at Bofton ; its late ar- rival there ; the want of feafonable orders ; and the fecret intentions of the miniftry, p«mraer'6
• defence and
were all fubje&s of bitter altercation : but letter to a the mifcarriage was never regularly enquir- n< ed into, and the voyage was finally fettled by October 9. the blowing up of the admiral's Ihip, with moll of his papers, and four hundred fea- men, at Spithead.
The failure of this expedition encouraged the Indians to harrafs the frontiers as foon as the feafon would permit. In April one Cunningham^ was killed at Exeter ; Enfign Tujtle rit: I)-, vr-r, nnd Jeremy Crpmmjef at
284 HISTORY OF
1712. Oylter river ; on one of the upper branches of this ftream the enemy burned a faw-mill •with a large quantity of boards. A fcouting party who went up the river Merrimack had the good fortune to f urprize and kill eight Indians and recover a confiderable quantity of plunder, without the lofs of a man, The frontiers were well guarded ; one half of the militia did duty at the garrifons and were ready to march at a minute's warning ; a fcout of forty men kept ranging on the head* of the towns, and the like care was taken by fea, fpy-boats being employed in coafting from Cape Neddock to the Great Boar's- head. Notwithstanding this vigilance, fmall parties of the enemy were frequently feen. Stephen Gilmaii and Ebenezer Stevens were wounded at Kingfton, the former was taken
hinc 3. jvnd put: to death. In July an ambulh was difc.overed at Dover, but the enemy elcaped ; and while a party was gone in purfttit of them, two children of John Waldrori were taken, and lor want of time to fcalp them, their heads were cut orC There being no man at that time in Heard' s garrifon, a wo- man named Either Jones mounted guard and li n commanding voice1 called fo loudly anc, .rely as made the enemy think there.
s help at hand, and prevented farther mil- chief.
In autumn the news of the peace of U- trecht arrived in America ; and on the 29th of October the lyifpenlion of arms was pro- claimed at Portfmov.th. The Indians being .reformed of this event cam'; -in with a of truce to Captain Moody at Cafco, aucl de- fired a rrp;;ty ; t^] ... c »r.-with the
NEW-HAMPSHIRK. 285
-council of each province, held at Portfmouth, 1713; where the chiefs and deputies of the feveral July n« belligerent tribes, by a formal writing under hand and feal, acknowledged their perfidy, promifed fidelity, renewed their allegiance, fubmitted to the laws, and begged the queen's Penhaii** pardon for their former mifcarriages. The ***" 72J*' frequent repetition of fuch engagements and as frequent violations of them, had by this time much abated the feufe of obligation on the one part, and of confidence on the other. But it being for the hitereft of both parties to be at peace, the event was peculiarly wel- come.
To preferve the dependence of the Indif ans, and to prevent all occafions of com- plaint, private traffic with them was forbid- den and truck hqufes eftablifhed at the pub- lic expence ; and the next fummer a fhip was fitted out by both provinces, and fent to 1714 Quebec, where an exchange of prifoners was
During the whole of this long war, Ufher behaved as a faithful fervant of the crown ; frequently coming into the province by Dudley's direction, and fometimes refiding \n it feveral months, enquiring into the ftate of the fronders' and garrifons, vifiting them in per.fon, confulting with the officers of mi- litia about the pi , methods of defence and protection, and offering his fervice on all occafions : Yet his auflere and ungracious manners, and the intereft he had in Allen's claim, efl&iSually prevented him from ac- quiring chat popularity which he feems to J>Hve dclerved. He was folicitous to fup~ : .the cHgnity of his commiffion 5 bu?
286, HISTORY OF
1714. could never prevail with the affembly to fet- tle a falary upon him. The council gener- ally paid his travelling expences by a draught on the treafury, which never amounted to more than five pounds for each journey, un- til he came from Bofton to proclaim the ac- ceffion of King George ; when in a fit of loyalty and good humour they gave him tqn pounds, which ferved as a precedent for two or three other grants. He often complained, and fometimes in harih and reproachful terms of their neglecft ; and once told them that his " Negro fervants were much better " accommodated in his houfe than the " iueen's governor was in the queen's fort." Dudley had the good fortune to be more popular. Befide his attention to the general interefl of the province and his care for its deience, he had the particular merit of fa- vouring the views of thofe who were moft ilroiigly oppofed to Allen's claim ; and they made him amends by promoting in the af- fembly addreffes to the queen, defending his character, when it was attacked and praying for his continuance in office v/lien petitions were prefented for his removal. One of thefe addreffes was in one thoufand feven hundred and fix, and another in one thoufand feven hundred and feven, in both which they reprefent him as a " prudent, careful and faithful governor," and fay they " are " perfectly fatisfied with his difpofal of the " people, and their arms and the public " money." AddreiTes to the crown were very frequent during this female reign. Scarce a year pafled without one or two ; they either congratulated her majefty on her vic:
in Europe, or petitioned for arms and military (lores for their defence, or for fhips and troops to go againll Canada, or, repre- iented their own poverty or Dudley's merits, or thanked her majefty for her care and pro- tection, and for interpofing in the affair of Allen's fait ahd not fuffering it to be decided againft them. A good harmony fubfifted between the governor and people, and between the two branches of the Legislature, during the whole of this adminiftration.
On the acceilion of King George a change 1715. was expected in the government, and the af- fembly did wrhat they could to prevent it by petitioning the king for Dudley's continu- ance. But it being now a time of peace, and a number of valuable officers who had ferv- ed with reputation in the late wars being out of employ ; intereft was made for their obtaining places of profit under the crown. Colonel Elifeus Burges who had ferved under General Stanhope was, by his recommenda- tion, commiiTioned governor of MafTachufetts and New-Hampfhire ; and by the fame inte- reft George Vaughan Efq. then in London, was made lieutenant governor of the latter province ; he arrived and publifhed his com- miffion on the thirteenth of October. Ufher had fome fcruples about the validity of it a$ he had formerly had of Partridge's, and' wrote on the fubject to the affembly, who aflurcd him that on infpeclion they had found Vaughan's commiffion " ftrong and authentic ;" and that his own, was " null and <c void." Upon his difmiflion from office he Coan<Jj1 retired to his elegant feat at Medford, where andAssem- be fpent the reft of his days, and died on the blyR
288 HISTORY OF
1715. fifth of September 1 726, in the fe verity-eighth years of his age.
Burges wrote a letter to the afTembly in July, in which he informed them of his ap- pointment, and of his intention to fail for America in the following month. But Sir William Afhhurft, with Jeremy Dummer the Maffachufetts agent, and Jonathan Belcher, then in London, apprehending that he would not be an acceptable perfon to the people of New-England, prevailed with him for the. confideration of one thoufand pounds fter- ling, which Dummer and Belcher generoufly advanced, to refign his commiffion ; and Colonel Samuel Shute was appointed in hi*
915- flead to the command of both provinces. He arrived in New-Ham pfliire and his com* miffion was publiftied the feventeenth of Oc- tober 1716. Dudley being thus fuperieded, retired to his family-feat at Roxbury, where he died in 1720, in the feventy-third year of his age.
APPENDIX.
No. I.
Oofiy of a deed from four Indian sngamores to John Whelewright
others. 1629.
W HE RE AS We the sagamores of Penacook, Peatucket* Squomsquot and Nuchawanack are inclined to have the English inhabit amongst us as they are amongst our -countrymen in the Massachusetts Bay ; by which means we hope in time to be strengthened against our enemy the Tareteens who yearly doth us damage. Likewise being per- suaded that it will be for the good of us and our posterity, &c. To that end have at a general meeting at Squomsquot on Piscattaqua river, We the aforesaid sagamores with a universal consent of our subjects, do covenant and agree with the English as followeth :
NOW know all men by these presents that wePassaconawaye sagamore of Penecook, Runnaawkt sagamore of Pentuckit, Wahangnonawitt sagamore of Squomsquot, and Rowls sagamore of Nuchawanack, for a competent valuation in goods already received in coats, shirts and kettles, and also for the considerations aforesaid clo according to the limits and bounds here- after granted, give, grant, bargain, sell, release, ratify and confirm unto John Wheelwright of the Massachusetts Bay, late of England, a minister of the gospel, Augustine Story, Thomas Wite, William Wentworth* and Thomas Levet, all of the Massachusetts Bay in New-England, to them, their heirs and assigns for ever, all that part of the main land bounded by the river of Piscattaqua and the river of Meremak, that is to say, to begin at Nuchawanack falls in Piscattaqua river aforesaid, and so down said river to ihe sea, and so alongst the sea shore to Merramack river, and so up along said river to the falls at Pantuckit aforesaid, and from said Pantucket falls upon a north-west line twenty English miles into the woods and from thence to run upon a streight line north-east ami south-west till meet with the main rivers that runs down to Pantuckett falls and Nuchawanack falls, and the said rivers to be the bounds of the said lands from the thwart line
* William Wentworth was one of the first settlers at Exeter, and after the breaking up of their combination for government he removed tdjpover and became a ruling elder in the church there. In Ii89 he was remarkably instrumental of saving Heatd's garrison, as is related in the proper place. After this he officiated for several years as a preacher at Exeter and other places, and died in a very advanced age at Dover in 1697, leavings numerous posterity. From him the several Governor* gf that name are descended. He •was 3 very useful and good man. N K
290 APPENDIX.
or head line to the aforesaid falls and the main chanell of each river from Pentuckitt and Nuchawanack falls to die maine sea to be the side bounds and the main sea between Piscattaqua river and Meramack river to be the lower bounds, and the thwart or head line that runs from river to river to be the upper bounds ; together with all islands within said bounds, as also the Isles of Shoals so called by the English, together with all profits, ad- vantages and appurtenances whatsoever to the said tract of land belonging or in any wise appertaining, reserving to our selves liberty of making use of our old planting land, as also free liberty of hunting, fishing and fowling ; and it is likewise with these provisoes following, viz. First, the said John Wheelwright shall within ten years after the date hereof, set down with a company of English and begin a plantation at Squomsquott falls in Pis- cattaque river aforesaid. Secondly, That what other inhabitants shall come and live on said tract of land amongst them from time to time and at all times shall have and enjoy the same benefits as the said Wheelwight aforesaid. Thirdly, That if at any time there be a number of people amongst them that have a mind to begin a new plantation, that they be en- couraged so to do, and that no plantation exceed in lands above ten Eng- lish miles square or such a proportion as amounts to ten miles square. Fourthly, That the aforesaid grantedlands are to be divided into townships as people increase and appear to inhabit them, and thatno andsshall be gran ed to any particular persons but what shall be for a township, and what lands within a towship is granted to any particular persons to be by vote of the major part of the inhabitants legally and orderly settled in said township. Fifthly, For managing and regulating and to avoid contentions amongst them, they are to be under the government of the colony of the M chusetts their neighbours and to observe their laws and orders until the} have a settled government amongst themselves. Sixthly, We the afore- said sagamores and our subjects are to have free liberty within the afore- said granted tract of land of fishing, fowling, hunting and planting, &c. Seventhly and lastly, Every township within the aforesaid limits or tract oi' land that hereafter shall be settled shall pay to Passaconaway our chiei sagamore that now is and to his successors forever, .if lawfully demanded, one coat of trucking cloth a year, and every year, for an acknowledgment, and also shall pay to Mr. John Wheelwright aforesaid his heirs and successors forever, if lawfully demanded, two bushels of Indian corn a year for and ir consideration of said Wheelwright's great pains and care, as also for tin- charges he hath been at to obtain this our grant for him self and tlu>eafovem en* tioned and the inhabitants that shall hereafter settle in townships on the aforesaid granted premisses. And we the aforesaid sagamores, Pas - away sagamore of Penecook, Runnaawitt sagamore of Pentucket, Wahang* nonawitt sagamore of Squomsquot, and Rowis sagamore of Nuchawan- nack do by these presents ratify and confirm all the afore Planted and bargained premisses and tract of land aforesaid, excepting and reserving as afore excepted and reserved and the provisoes aforesaid folfilt'd, with all
the meadow and marsh ground therein, together with all the mines, , n erals of what kind or nature soever, with all the wcods, timber and timber
soever thereunto of all and every part of the
belonging or in any ways appertaining ur<-3 \ hve>
APPENDIX.
Anight, Augustine Storer, Thomas Wight, William Wentworth and Thomas Levet, and their heirs forever as aforesaid, TO HAVE AND TO HOLD ttie same as their own proper right and interest without the least disturbance, molestation, or trouble of us, our heirs, execrs and ad- minrs to and with the said John Wheelwright, Augustine Story, Thomas Wight, William Wentworth and Thomas Levh their heirs, execrs. ad- minrs. and assigns, and other the English that shall inhabit there and their heirs and assigns forever shall warrant, maintain and defend. IN WIT- NESS whereof we have hereunto set our hands and seals the seventeenth day of May 1629, and in the fifth year of King- Charles his reign over England, Sec. PASS AGON A WAY, 03 mark, (Seal.)
RUNAAWITT, + mark, (Seal.)
WAHANGNONAWITT, ._ mark, (Seal.)
ROWLS. x mark, (Seal.)
Signed, Sealed, and Delivered in
Memorandum. On the 17th day of May, one thousand six hundred tvven- 'ty and nine, in fifth year of the reign of our sovereign Lord Charles, king; of England, Scotland, France and
presence of us WADERGASCOM, J mark. MISTONABITE, ^ mark. JOHN OLDHAM. SAM. SHARPE.
Ireland, defender of the faithj &c. \'v ahangnonaway sagamore of Squam- squott in Piscattaqua river, did in behalf of himself and the other saga- mores afore mentioned then present, deliver quiet and peaceable poflession of all the lands mentioned in the within written deed unto the within named John Wheelwright for the ends within mentioned, in presence of us Walter Neal governor, George Vaughan factor, and Ambrose Gibbons trader, for the company of Laconia, Richard Vines, governor, and Richard Bonighton assistant, of the plantation at Saco ; Thomas Wiggin agent, and Edward Hilton steward, of the plantation of Hilton's Point, and was signed, sealed and delivered in our presence. In witness whereof wr have hereunto set our hands the day and year above written. Rklid. Vines, Wa.Neale,
Richd. Bonighton, George Vaughan^
Tho. Wiggin, Ambrose Gibbons.
Edward Hilton,
Recorded according to the original found on the ancient files for the county of York, this 28th day of Jan. 1713.
per JOS. HAMMOND, Reg. A true copy from York county records of deeds, &c. lib. 8. fol. 16.&C.
Att. DAN. MOULTON, Reg.
Corrected by a copy on file in the superior court of New- Hampshire, in >be case of Allen vs Waldron ; which copy is attested by the above named J-?s. Hammond.
No. II.
•iginal letter from Thomas Eyre one of the adventurers or company
of Laconia to Mr. Gibbona their factor. Mr. Gibbins, London the last of May, 163 1.
YOURS of the 8th April 1630, from Plimouth I received and there- by tooke notice of your entertaining Roger Knight ; and here I present his wife 20s, pr. quarter at your desire and 3/. per quarter to yours. \ hope by this they are both \>ith you according to your desire, I wish
292
all your wives with you, and that so many of you as desire wives had such as they desire ; for the adventurers desire not to be troubled M'ith quai*- terly payments.
Your next to me is dated the 21st of July last at Pascataquacke, I take notice of your complaints for want of the trade goods, and so much as lieth in me it shall be otherwise, especially if you send us returnes, doubt you not but that you shall be supplied from time to time unto your owne contents.
Your Sd Ire to ine is dated the 1 4th of August, by which I perceive divers of the commodities and provisions which you carried with you in the barke Warwicke, were not to your liking for which I am sorry. You know the trouble we had. I could not looke to Mr. Olden's and all be- sides. I hope by the Pide-Cowe you find it otherwise. I pray write me how you like the hatchetts sent you by that ship and now all goeth.
I like it well that your governor will have a stocke of bonds at all times readie. I hope you will find something to reladc both the Pide-Cowe and the Warwicke. I will now put on the sending of you the moddell of a saw-mill that you may have one going.
Your wife and children, Roger Knight's wife and one wife more, we have alredy sent you, and more you shall have as you write for them.
Another Ire I have from you of the 14th August, in which you write for another Mason. Wee have had enough to doc to goe so fan e forwards as we have, as Capt. Keyes can tell you, now \\c begine to take hearte agayne, but the sight of returnes will be thut which will indecde put life into us.
Among my New-England record* I find your Ire unto Ciipt. Mason of the 14th August last, wherein you give a gooa iccount of your times spent from the first of June untill then as ?lso of the manner of your trade which \vas to Capt. Mason's liking. We no fie yeu willjind out some good mm,*, which •will be welcome neiues unto us.
By Mr Glover we reed. Ires from Capt. Neale, written as we think about the end of March last, write me I pray, what winter you had, and how you had your healthes and why Capt. Neale went not in Scpteni. last to discover the lakesj as he wrote he would, and why you did not write by that conveyance.
By the barke Warwicke we send you a factor to take charge of the trade goods ; also a soldier for discovrie See.
Thus I comend you, and your wife, who by this I hope is with you to the protection of the almighue,
Your loving friend,
THO, EYRE. untill the 7th of June.
No. III.
An original letter from the company to Gibbin*.
London 5th Decemb. 1632 Mr. Ambrose Gibbons,
YOUR sundrie letters we have received. Wee doe take no'ice of your care and paines in our . plantation and doe wish tjiat others had bine tint way the same that you are and wi<l wee hope soe continew. The adventurers here have bine soe discouraged by reason of John GU/L.CS ill 'icAli'ig in his fishing voiagc, as alsoe by the small returnes sent hither hj*
APPENDIX* 293
Capt. Neat, Mr. Herbert or any of their factors as that they have noe de- sire to proceed any farther, untill Capt Neale come hither to confer with them, that by conferrence with him they may settle things, in a better or* der. Wee have written unto Capt. Neale to dismise the household, onlie such as will or canne live of themselves may stay upon our plantation in such convenient places as Capt. Neale, Mr. Godfrie and you shall thinke fitt ; and after conference had with Capt Neale they shall have a reasona* ble quantity of lauds graunted unto them by deed.
Wee pruie you to take care of our house at Newichwannick and to lookc well to our -vines, also you may take some of our swine and goates, which wee pray you to preserve. Wee have committed the cheife care of out house at Pascattaway to Mr. Godfrie and written unto Mr, Warnerton to take care of our house at Strawberry -bancke. Our desire is that Mr. Godfrie, Mr. Warnerton and you should joyne lovemglie together in all things for our good, and to advise us what our best course will be to doe another yeare.
You desire to settle yourself upon Sanders Point. The adventurers are willing to pleasure you not only in this, in regard of the good report they have heard of you from tyme to tyme, but alsoe after they have conferred with Capt. Neale, they determyne some further good towards you for your further incouridgment.
Wee desire to have our fishermen increased, whereof wee have written unto Mr. Godfrye. Wee thank you for assisting John Raymond, wee pray you still to be helpful to him that so he may dispatch and come to us with such retourne as he hath, and if he hath any of nU trade goods remayning unsold wee have willed him to leave them with you and we doe hereby pray you to receive them into your custody and t'> put them off with what conveniency you canne, and to send us the retournes by the first shipp that comes. Thus we commend you and your wife to the pro- tection of the almightye.
Your loving friends, John Mason, Tho. Warnerton^
Henry Gardiner, Tho. Eyre, for my Geo. Griffith, children.
No. IV. Co/iif of a letter from Gibbins to the company.
AFTER my umble duty retnembred unto your worships, I pray for your good health and prosperity. These are certifying your worship for the goods I have received fr»m you. I have delivered unto Mr. Johm Raymon 76lb and 4 ounscs of beaver, 10 otters, 6 musquashes and on mar- tin more, that Captain Neale had 3581b and ii ounses of beaver and otter, 17 martins, on black fox skin, on other fox skin, 3 racoon skins, 14 mus- quashes two of them with stones. Mr. Raymonds present departing and the intermixing of ail the trade goods in my car* until Mr. Vaughancom I cannot give you any satisfaction for the account of trade. I did advise Mr. Raymon to returne with all spesde unto you. Your letters I received the 7th of June. At laig I will write if God wil by the next. Thus tak- ing my leave I comit your worship to Almighty God.
Your worship's at command,
From Nevvichwanicke AMBROSE GIBBINS,
this 24th of June 1633,
No. V. Copy, of another from Gibbins to the comjiany.
Newichwanicke, July 13, 16J.
RIGHT honourable, right worshippful and the rest, my humble servis rembred. Your letter dated the 5th of December and Mr. Ares letter the third of April I received the seventh of June. The detaining of the former letter hath put you to a great charge in the plantation. For my care and paines I have not thought it much although I have had very little encouradgemcnt from you and here. I do not doubt of your good will unto mee. For your fishing, you complain of Mr. Gibbes : A Lon- doner is not for fishing, neither is there any amity betwixt the West cun* trimjen and them. Bristo or Barnstable is very convenient for your fishing s-hipes. It is not enough to fit out shipes to fish but they must be sure (God wil) to be at their fishing place the beginning of February and not to come to the land when other men have half their viage.
Mr. Wanerton hath the charge of the house at Pascatawa and hath with him William Cooper, Rafe Gee, Roger Knight, and his wife, Wil- liam Dermit and on boy. For your house at Newichwanicke, I seeing the necessity will doe the best I can- there and elsewhere for you until I hear from you againe. Advise I have sent but not knowing your internes I cannot wel enlarge but I refer you to Mr. Herbert and Mr. Vaughan. For my settlement at Sanders-Point and the further good you intend me I humbly thank you I shall do the best I can to be grateful. 1 have taken into my nancies all the trade goods that remains of John Raymonds and Mr. Vaug- hau's and will with what convenience I may put them of. You comfilain of your returnes ; you take the coorse to have little ; a filantu- tion must be furnished ivith cattle and good hir'd hands , and necessaries for them and not thinks the great iookes of men and many words wil be a, meaner *o raise a ftiantaiion. Those 'hat have been here this three year som of them have neither meat, money nor cloathes, a gieat disparagement. shall not need to speak of this, you shall hear of it by others. For myself, ray wife and child and four men we have but half a barrel of come ; beefe .\nd porke I have not had but on peese this three months, nor beare this tour months; for I have for two and twenty months had but two barrels of hcare and two barrels and four boosheJ of malt, our number commonly hath bin ten. I nor the servantes have neither money nor clouies, I have bin as sparing as I could, but it will not doe. These four tr.en with me is Charles Knell, Thomas Clarke, Steven Kidcler, and Thomas Crockitt, ihree of them is to have for their wages until the first of March four pounds per peese and the other for the yeare six pounds which in your behalf I oave promised to satisfy in money or be?er at ten shillings per pound. If •.here we re necessary s for them for clothing there would not bee much iby them to receuve. You may perhaps think that fewer men would serve me but I have sometimes on C [one hundred] or more Indians anil far from iieybors : These that I have I can set to pale in ground for come and garden. I have digged a wel within the palizado, where is good water, I have that to close with timber. More men I could have and more employ, but I rest thus until I heare from you. The vines that were filani- cd ivill com to little^ they firosfier not in the ground iiiey were $f.\ then*. that greo natural arc voi good of divers sorts. I have sent you a note oi sUc beaver taken by me at Newichwunicke, and how it huth gon from me George Vaughan hath a note of all the trade goodes in my custody of the
AI>S»ENB1X» 295
oiU btbi) John Ramon's and George \7aughan's accomtes,but the beaver beinge disposed of before I could make the divident I cannot see but it must be all onpackt and be divided by you. The governor departed from the plantation the fifteenth of July in the morning. So for this time I end, committing you to the protection of the Almighty and ever rest your loving servant,
AMBROSE GIBBINS.
No. VI. Copy of a letter frem Neal and Wiggen relating to a division of the lands
at Pascataytia, 1633. Much honoured,
IN obedience to your commands have survaied the river from the mouth of the harbor to Squamscutt falls, liqu'se from the harbor's mouth by the sea side to the Massachusetts bounds, and find that the bounds of your pattents will not aford more than for two towns in the riv- er of Pascataway and the remainder v ill make another good towne having much salt marsh in it. And because you would have foure townes named as you desired wee have treated with a gentleman who has purchased a trackt of land of the Indyans at Squamscutt falls, and your laad running up to the said falls on one side of the river from the falls about a mile downward, said gentlemen having a mind to said land on your side to a certain crike and one mile bacward from the river which we agreed on and the crike is called Weelewright's, the gentleman's name being Weele- wright and he was to name said plantation (when settled) Exeter. And the other two towns in the river, the one North*ham and Portsmouth the other. Bounded as followeth, viz. Portsmouth runes from the harbor's mouth by the sea side to the entrance of a little river b ;tween two hed lunds which we have given the names of the Little Bore's-hed, and the Grete Bore's-hed, and from the mouth of that little river to go on a strait line to the aforesaid creeke which we have named Weelewrighs creeke and from thens down the river to the harbor's mouth where it began. And North-ham is the bounds of all the land of Hilton's Point side. And the other land from the little river between the two Boores-Heds to run by the sea till it meets with the line between the Massachusetts and you, and *o to run from the sea by said Massathusetts line into the woods eight miles and from thence atwart the woods to meete with Portsmouth line neere Wheleright's creeke and that tracte of land to be called Hamjiton. So that their is foure towns named as you desired but Exeter is not within the bounds of your pattents. But the grete dificulty is the agreement about the dividing line between the pattent of the twenty thousand acres belonging to the company of Laconyah and the pattent of Bluddy poynt the river running so intrycate, and Bluddy poynt patent bounds from thence to Squamscutt falls to run three miles into the woods from the water side. But for your better understanding thereof wee have sent you a draft of it according to our best skill of what we know of it at present, and have drawn a dividing line between the two pattents, so that Portsmouth is part of both pattents and Hampton we apprehend will be holly in the twenty thousand acres pattent, and North-ham is the bounds of Hilton's point pat- tent. If what wee have don be to your likinge wee shall think our time v-vrlJ spent and vh-?.t further commands you will please to lay on us we
296 APPENDIX.
shall readily obeye to the utmost of our power. Wee humbly take leve and subscribe ourselves, Your devoted and most humble servants,
North-ham on Pascataway river, in > WALTER NELE, New-England, 13 August, 1633. $ THOMAS MIGGIN.
Superscribed, To John Mason Esq. governor of Portsmouth to be com* municated to the pattentes of L*coniah and Hilton's point, humbly present in London.
Wee under written being of the government of the province of Maine doe affirm that the above letter .-written and sent by Walter Neie and Thomas Wiggin and directed to John Mason Esq. governor of Ports- mouth to be communicated to the pattentes of Laconiah and Hilton's point, is a trewcopia compared vith the original). And further wee doe affirme that there was foure grete gunes brought to Pascal -ua which v, , i\ given by a merchant of London for the defence of the river, and at ne same time the Earle of Warwicke, Sr Ferclenando Gorges, Capt. John Mason and the rest of the pattentees sent an order to Capt. Walter Nele and Captn. Thomas Wiggen ther agents and governor at Pascataway to make choise of the most convenient place in the said river to make a for^ tefecatyon for the defence thereof, and to mount those foure gunes giveeti to the place, which accordingly was done by Capt. Walter Neie and Capt. Thomas Wiggin and the pattentes servants, and a draft was sent of the place that they had made choice of to the said earle and company, and the draft did containe all the necke of land in the north este side of the grete island that makes the grete harbor, and they gave it the name of irort-poynt, and allotted it so far backe into the island about a bow-shoat to a grete high rocke whereon was intended in time to set the principail tbrte.
That the above is al! truth wee affirme, and by the desire of Capt. Wal- ter Nele and Capt. Thos. Wiggen wee have ordered this wrighting to ly in our files of records of their doings therein. In witness whereof wee have hereunto sett our hands and seles at Gorgeana, in the province of Maine, in New-England, 20th August 1633,
RICH. VINES, (Seal.)
HENRY JOCELYN, (Seal.)
No. VII. An r;r->;'*7f.; letter from Sir F. Gorges and Capt. MasoJi to Messrs* Wan*
ncrion and Gib bins. Mr. Wannerton and Mi*. Gibbons,
JTHHESE are to let you know that wee with the consent of the rest of JL our partners have made a division of all our land lying on the north east side of the harbor, and river of Pascataway ; of the quantities of which lands and bounds agreed upon for every man's part we send you a coppie of the draft, desiring your furtherance with the r-dvice of Capt. Norton and Mr. Godfrey to set out the lynes of division betwixt our lands and the lands of our partners next adjoining, because we have not on'iie each of us shipped people present to plant upon our owne landes at oun owne charge, but have given direction to invite and authentic to receive such others as may be had to be tenants, to plant and live there for the more speedie peopling of the cquntrie. And whereas there is belonging unto me Sir Ferdinando Gorges, and unto dipt. Mason for himself and for Mr. John Cotton and his deceased brother Mr. William Cotton, both whose interests Capt Masqn hath bought, the one halfe of all trail
APPENDIX. 297
iioned in the invemorie of houshold sluffe and implements left in trust with you by Capt. Neaie, whereunto you have subscribed <>s and
whereof a coppie is herewith sent, we desire you to c.. ^ an e^\:u! divi- sion as neere as possibile may to be made of all the saiecl mutters menconed in the inrentoile inkinde, 01 if some of them cannot be so dni.icc! ^,cn the on halfe to be made equall to the other in valewof all the saiecl matters, ex» 'ccpt the cattell and suites of apparell and such other things as belong per- acularly to Capt. Mason, and to deliver the said one haife of all the stvied matters soe to be divided, unto Mr. Henry Jocelyn for the use of our plan- tations, taking an inventory thereof under his hand of all you shtili soe dec liver hioie, and making certificate to us thereof. And for your soe aoeing this shall be your sufficient warrant and discharge. And so wee rest,
Your verie lovinge friends,
Portsmouth, Maye 5, FERDIN. GORGE,
i634. JOHN MASON,
No. VIII.
An original letter from Cafit, Mason to Gibbins.
Mr. Gibbins,
^IT^HESE people and provisions which I have now sent with Mr. Joce- JL lyne are to sett upp two mills upon my own division of! ndes lately agreed upon betwixt our adventurers ; but I thinke not any of them will adventure this yeare to the plantation besides Sr Ferdiiicindo Gorges and myself, for which I am sorrye in that so good a busines (albeit hitherto it hath bene unprofitable) should be subject to fall to the ground. Therefore I have stray ned myselfe to doe this at this present, and could have wished that the rest would have joyned to have sent you some provisions for trade -and support of the place, but that faileing I lv-\ve directed to you as a token from myselfe one hogshead of mault to make you some beare. The servants with you and such others as remaine upon the companies chard^e are to be discharged and payed their wages out of the stocke of beaver in your hands at the rate of i2s. the pound, whereof I thinke the company •will write you more at large. And wee have agreed to devide ail our movables mentioned in the inventory that Capt. Neale brought home, which were left in trust with you and Mr. Wannerton. I bought Mr. Cot- ton's and his brother's pane of all their adventures ; so i!iat the halfe of all belou^cs to Sr Ferdinando Gorges and myselfe, and of that halfe three quarters will be dewe to me and one quarter to Sr Feniinando. These things being equally divided they are to be delivered to Mr. Joceiine, my three partes of the halfe, and the other fourth to whom Sr Ferdinando *aall appointe. And you must afford my people some house i come in Newichexvannocke house, and the cowes and goates which are all mine, , ;:d i4 swine with their increase, some ground to be uppon till wee have v.jine place provided upon my new divided land, or that you receive my i.uihcr order. A copic of the division of the landes is herewith sent unto you.
The stockiriges and the mault and the suites of cloathes and sugg^r . nd vuybingcs and wine that was delivered by Mr. Bright and Mr. li weal have not received any satisfaction for, wherein I must crave your htpe and such satisfaction as may be sent by this shipp.
Tkf chrixtall stoa.ies ucu vent are of little or no valew unless they re . - '• winking cup fie* «• fjnte Qf-her wrfcee, «s fullers /or .0 o
APPENDIX.
lookeinge gtassct or for garnishing e of rich cabinets. Good iron or iced oar* / should like better of if it could be found.
I have disbursed a great deale of money in your plantation and never received one penny, but hujie if there were once a discwerie of the lakes that I should in some reasonable time be reimbursed again. I pray you helpe the mr what you can to some of the best iron stoane for ballast, and in case he want other ladeinge to fill the shipp upp with stockes of cy- press wood and cedar. Let me hear from you of all matters necessary, and wherein I maye doe you any pleasure I shall be reddie, and so \\iih my heartie commendations, I rest your verie loveing friend,
Portsmouth, May 5th, i634. JOHN MASON,
(Received 10th July, 1634.)
No. IX.
Answer to the foregoing. SIR,
YOUR worship have done well in setting forward your plantacon, and for your milles they will prove beneficial unto you by God's assist- ance. I would you had taken this coorse sooner, for the merchants I shall be very cautyouse how I deaie with any of them while I live. But God's will be done. 1 and the world doth judge that I con id not in tl.cse my dayes have spent my time for noelhinge. For their sending trade and support I desire it not. I have supported but now sonke under my bur- then, the more I thinke on this, the more is my griefe.
I have received the hogsd. of mault that you sent me, giveing you humble thanks for the same. The servants that were with me are dis- charged and payd their wages for the yeare past and I have delivered un- to Mr. Wannerton 431b. of beaver to pay those that were with him for the year past. For the paying of the servants there old wages or the dividing of the goods I expect a general letter, if not then to heare further from your worshippe. Your carpenters are with me and I will further them the best I can. Capt. Neale appoynted me two of your goats to keepe, at his departinge, I praise God they are 4. Of the goods that Mr. Bright left I onely reed, of Capt. Neale 4 bushelis of mauit and at several times 8 gallons of sacke, and from Mr. Wannerton 7 bushelis and 1 peck of jnault, 5 ib. and halfe of sugar and 3 pr. of children stockings and 97 Ib of beefe which wus of an old cow that Mr. Wannerton killed, being doubt- full that she would not live over the winter. For these I will pay Mr. JoceUn for you.
/ fierceive you have a great mynd to the lakes, and I as great a will to qssist you. If I had 2 horses and 3 men ^vifh me I would by God's hcljit &o&n resolve you of the situation of it, but not to live there myselfe.
The Fide-Cow arrived the 8th Juiie, the 1 3th day she cast anchor some fcalfe a mile from the falls, tiie 18th day the shippe unladen, the 19th fell downe the river, the 22d day the carpenters began about the mill, the 5th of August the iron stoane taken in the shippe. There is of 3 sons, on sort that the myne doth cast fourth as the nee doth gum. which is sent in a rundit. On of the other sortes we take to be very rich, there is great store of it. For the other I know not ; but may it please you to take no- tice of the waight ^nd measure of every sort> before it goeth into the fur- nace and what the stone of such \vei;,; t and measure will yeeld in iron. This that 'e take to be the best stone is one mile to the southward ot the
APPENDIX.
great house*, it is some 200 rodd in length 6 foote wide, the depth we know not, for want of tools for that purpose we tooke onely the surface of the mine.
I have paled in a piece of ground and planted it. If it please God to send us a drie time I hope there will be 8 or 10 quarters of corne. You have heare at the great house 9 cowes, 1 Dull, 4 calves of the last yeare and 9 of this yeare ; they prove very well, farre better than ever was ex- pected, they are as good as your ordinary cattel in England, and the goats prove some of them very well both for milk and breed. If you did send a shippe for the Western Islands of six -core tunne or thereabouts for cowes and goates it would be profitable for you. A stocke of iron worke to be put away with your boardes from the mill wili be good, nayles, spikes, lockes, hinges, iron works for boats and pinaces, twine canvis, need e* und cordage, pitch and tarre, graples, ankers, and necessarys for that purpose.
Sr, I h ve \vritten unto Mr. John Round to repair unto your worship ; he is a silver smith by his trade but hath spent much time and means a- bout iron, may it please you to send for him, he dweiieth in Mogul street, if you are acquainted with any finer or mettle man enquire of him and as you see cause send for him, he is well scene in all mineralls ; if you deale with him he will give you a good light for your proceedings.
The 6th of August, the shippe ready to set sayle for Saco to load cloavc bords and pipe staves. A good husband with his wife to tend the cattle and to make butter and cheese will be profitable, for maides they are soone gone in this country. For the rest I hope Mr. Jocelyn for your own particulars will satisfye you for I have not power to examen it. This with my humble service to your worship, I rest,
Newichawanock, Your ever loving servant,
*he 6th of August, 1634. AMBROSE GIBBINS.
No. X.
An original letter from G. Vaughan to Mr. Gibbins. Mr. Gibbens, Boston, Aug. 20, 1634.
WE only wait for a faire wind. I shall acquaint Mr. Mason and tht rest of the owners fully of what you and I have formerly discourst, and if they give mee iricouradgment hope shall see you againe the next yeare. Lookeing over my papers found the inclosed, it being the divisy* ^\\ of the townes, und the copia of what Capt. Nele and Capt. Vviggens woat hoome to the pattentcs of Laconiah and Hilton's Point. It may be •of som use to you hereafter, therefore sent it you, Icste Capt. Wiggens +h3uld make another bluster. Which with my kind love to you and your spouse and little Beck, i am your assured friend,
GEORGE VAUGHAN.
•No. XL
Another from the same. Loving frend Gibbens, London, 10th April, 1636.
W£E put into Ireland goinge home, and there was taken sike and lefte behind, und iuye so iong before I got well that it was the lat- ter end of December laste before I got to London, and Mr. Mason iva* ded. Bat I spoke with Sr Ferdinarido Gorges and the other owners, but gave me no incouradgtnent for New-England. I acquainted their? * The great house stood opposite t$ the Upu$e of Mr. Temple Knight--
800 APPENDIX.
fully of what you and I discoursed, but they were quite could in that ni«" ter, Mr. Mason being dec! and Sr Ferdinando minding only his one tiivity- on. He teles me he is geting a pattente for it. from the king- from Pascat- aqua to Sagadehocke, and that betwene Meremacke and Piscataqua he left for Mr. Mason, who if hee had lived would a tooke a fiat tent for that also, and so I suppose the affairs of Laconia is ded also. I intend to goe for the Este Indyes, a frend of mine have made mee a very good proffer and I thinke to take up with it. Which is what offers at present. Thu* with my kind love to you and your wife and daughter,
I am your loving friend,
GEORGE VAUGHAN.
M B. T7te ten preceding papers arc m the recorder's office for Rocti- w-gham county.
XII.
Cojiy of a report of a Committee vf Reference on the petition of Rob. Ma- son, Edward Godfrey, and others to the king, (in J661.) To the Kinges most excellent Majestic,
A CCORDING to your majesties reference upon the petition of Rol> JLJL. ert Mason, Edward Godfrey, and others, hereunto annexed, bearing date at Whitehall the seventeenth of November 1660, wee have the claimes and complaints of the peticonera, and also summoned by pro- Cess publicquely executed att the exchange on the 2 1 st day of January last t all persons interested in that business, but none appeared b-Jl v'apt. Jno. Lev?rett* who acknowledged that formerly hee was conu;:i an agent of the corporacon of Boston in New-England, but th*t now he Had noe authority to. appear or act on their behalf.
Upon producing of Divers letters patients and examinacon of witnesses, wee finde* That Capt. Jno. M? son, grandfather to Robert Mason one of the peticohers, and Edward Godfrey another of the peticoners, by • of several letters patients under ihe great scale of J- n-./tand g-rsr.ted unto them and others by your majesties late royul falhev, by themselves and their assi^nes have been in act'uil avd quiet possession of several tracts. parse!)- Jid c!"r- i?.Ir-ns o; iuvid in New-Bngland, as in und by tl.e ^aid let- ters patents is particularly expressed, and that the said Capt. Jno. Mascn and the said Edward Godfrey did expend and lay ot't considcr&i money in settling plantacons and coilonys tliere j That the said Edward Godfrey has lived there for five and twenty yeare.-j having undergone and discharged the office of governor of the province of Mayne with n.u '-. ;con of integrity and justice, endeavouring the reguiacen and gov- ernment of those partes where he lives according to the knovn art- tied lawes of this kin^dome That notwithstanding, the said Edward God- frey has not only been turned out of his said place of governor, butt ha« been utterly outed and dispossessed of his hinds and estate in that conn* try. which the inhabitants of the Massachusetts have forcibly seized ; T; "i still doe detayne the same from him ; That it appears' as well by testi- mony of witnesses as by acoppyof the letters patients that they were nr£ to act any thing repugnant to the lawes of England, nor to extend their bounds and limits of the saicl corporacon farther th:-.n three miles north- ward of Merrymacke river, and as a memorial and evidence thereof, thr; governor of the Massachusetts did sett up an house about thirty yearei since, whlcrj is called the blithe! hou *.'.•* wA ;s lu')r>wr?e hy th-Jt nan.'c t"
301
^ay', a&d with this division and assignment or lott of land the inhabitants .and pattentees of the said corporacon of the Massachusetts rested content for the space of sixteen years together, until about the year 1652 they did enlarge and stretch their line about threescore miles beyond their knowm and settled bounds afosesaid ; and have thereby not only invaded and in- crouched upon the plamacons and inheritances of the petitioners andother your majesties subjects, but by menaces and armed forces compelled them to submitt to their usurped and arbitrary government which they have Declared to be independent of this your majesties crowne of England^ and n->; subordinate thereunto,
It .-ears further by the witnesses that the'colony of Massachusetts has sc many years past endeavoured to model! and contrive themselves 'in in :; free state or commonwealth without any relacon to the crowne oi Kn , >i;ci -.vsumingon themselves the name and stile of a commonwealth, issuhv oV writs in their owne name, imposing of oathes to be true unto <:,ves contrary to that of aliegi ince. coyning of money with their owne stamps and signatures, exercising an arbitrary power over the esta'es and persons of ali such as submitt not unto their government al- lowing them noe appeaies to England. And some have been see bold as publiquely to affirme, that if bis majestie should send them a governor, that the several! townes and churches throughout the whole country un- der their government did resolve to oppose him, and others have said that before they of Nevv -England would or should submitt to any appeale to England they would se.i uii.t country or plantacon to the king of Bpairie*'.
That by reason of the premises the said Rob. Mason and Edward God- frey have beene damnified in thei; plaiitacons and estates to the value of live thousand pounds, according to the judgment and estimucon of sever* all witnesses, examined in that behalfe. But by what pretence of right or authority the Massachusetts have taken uppon them to proceed e and pet in such manner doth not appeare to us.
Ail which we most humbly represent to your majestie in duty and obedience to your commands, not presuming to offer any opinion in a bu- siness of soe high importance, wherein the publique interest and gov- ernment of your majestie appears soe much intermixt and concerned with the private interest of the peticoners.
Robi. Masen^ G. Sweit,
Ja. Bunce, Richard
Th. Ex ton, Jo. Myllcs.
77/o. Po-uey.
•^ Without- dati] in the recorder's office for Rockingham county.
No. XIII.
To the King's most excellent Majesty. '•guie humble petition of Robert Mason, proprietor of the province
Hampshire, in New-England, Sheweth,
Pin HAT your majesty's royal grandfather king James, of ever blessed \ . memory, did by his highness letters patents under the great scale rland, bearing date at Westminster the third day of November, in <he eighteenth yeareof his reigne,give, grant and confirm unto several of -the principal nobility and gentry of this kingdome by the name of the uj«h. collet, pap. page 339;
308
councell of New-England, their successors and assignee forever, all the land in America lying between the degrees of 40 and 48 north latitude, by the name of New-England, to be held in fee, with many royal privi- leges and immunities, only paying to his majesty, his heirs and succes- sors, one fift part of all the oare of gold and silver that should at any time be found upon the sdid lands, as by the said letters patents doth at large appeare.
That John Mason, esq. your petitioner's grandfather, by virtue of sev-* trul grants from the said eouncell of New England, under theire common 3f:ule, bearing date the 9th of March 1621, the 10th of August 1622, the 7th of November 1629, and the22d of April 1635, was instated in lee in a great tract of land in New-England, by the name of New-Hampshire, iyeing wpon the sea-coast between the rivers of Naumkeek andPascataway,and running up into the land westward threescore miles, with all the islands lye- >ng within five leagues distance of any part thereof, and also the south halfe of the Isles of Shoals ; and also the said John Mason together with Sir Fer- dinando Gorges, km was emeoffed by the aforesaid councell of New-Eng- land in other lands by the name of Laconia by their deed beareing date the 27th day of November 1629, the said lands Iyeing and bordering\jpon the great lakes and rivers of the Iroquois and other nation* adjoining. AD which said lands to be held as fully, freely, in as large, ample and bent- Serai manner and forme to all intents and purposes whatsoever as the said counceH of New-Enirland by virtue of his majesty's said letters patents might or ought to hold and enjoy the same, as by the said several grants appeares.
Whereupon your petitioner's said grandfather did expend upwards of twenty two thousand pounds in transporting people, buil ing houses, forts, and magazines, furnishing them tvith ^reat store of anv.es of all sorts, with ariiliery ;.:reat and-small, for defence and protection of his servants »nfl teimnts, with all other necessary commodities and materials for estab- lishing a settled plantion.
That in the year 1628, in the fourth yeare of the reigne of your majes- ty's royal father, some persons did surreptitiously and unknown to the &aid i-ctimcelti get the scale of the said counceil affixed to a grant of certairic 'ands, whereof the greatest part were solemnly past unto your petitioner's grandfather and others long before, and soone after did the same persons 4>j/ their subtil practises get a confirmation of the said grant under the e;reat secrte of England, as a corporation by the name of THE CORPO- RATION OF' THE MASSACHUSETTS BAY IN NEW-ENG- L AND, your majesty's royal father 6 ting unwitting thereof, and having «!tus by fraud obteyned a grant and confirmation, they compelled the vightfuli inhabitants to desert their plantations, and by many outragious actions they became possessed of that part of the country, declaiming nemselves to be a free people, frameing to themselves new lawes, with •• ,,n- methods in religion absolutely contrary to the lawes and customes of this your majesty's realme of England, punishing diverse that \vouid not approve thereof, some by whipping, others by burning tiieir houses, and -oine by banishing, and the like.
At last the complaints of the oppressed subjects reaching the cares of v?ur royal father* his magcsty caused the whole matter to be examined teibre his most honourable privy counce!l and all being fully proved, his swajeaty did command the councell of New-England to give an account
• APPENDIX. 808
hy uhat authority, or by whose procurement those people of the Massa- chusetts Bay were sent over, his majesty concieving the said councell to •je guilty thereof.
But the said councell of New-England made it plainley to appeare to c/is majesty that they were i norant of the whole matter and that they had ;ioe share in the evills committed and wholly disclaimed the same, and the said conceil finding they had not sufficient means to give redress and rectify what was bro't to ruine, they humbly referred to his majesty to doe therein as he pleased and thereupon the said councell of New-Eng- gland resolved to resign, and did actually resigne the great charter of New-England into his majesty's royal handes, seeing there was an abso- lute necessity for his majesty to take the management of that country to himself, it being become a business of high consequence and only to be remedied by his sovereign power, all which appears by the declaration of the councell of New-England dated the 25th of April, 1635, together with the act of surrender of the great charter of New-England dated the 7th day of June, the same year.
That immediately thereupon, his majesty in trinky terme 1635, caused a quo warraKto to be brought up by Sir John Banks his majesty's then attorney general against the governor, deputy governor and every of the assistants of the said corporation of Massachusetts in New-England seve- rally, according to their names mentioned in the said patents of incorpo- ration, being twenty six persons, whereof two being dead, of the remayn- ing twenty four persons, there did fourte m at severa' times appeare at the king's bench bar and there disclaimed the charter, the remaining tenn persons were outlawed, and thereupon judgment given for the king, that the liberties and franchises of the said corporation of Massachusetts Bay should be seizedinto the king's handes & thebodvof the governor to be taken into custody for usurping the said liberties, all which appears by the roles in the crown office, of custos brevium for the king*s bench of the proceed- ings in the severall terms from the yeare 1635 to 1637.
That thereupon his said royall majesty on the 3d day of May 163T, di«J order in councell that the attorney geul. be required to call for the said patent and present the same to the board, and his majesty by his declara- tion of the 23d of July 1637, in the 13th yeare of his reigne declared his royal pleasure for establishing a generall government in his territory of New-England f >r the prevention of the evils that otherwise might ensue lor default thereof, thereby declaring Sr Ferdinando Gorges to be gover- nor generall of the whole country and requiring all persons to give theire obedience accordingly.
That the wan-sand troubles immediately ensueing in Scotland and pres- ently after here in England «.iid hinder his said majesty from settling that country or prosecuting the right which he intended his subjects, however the proceedings of his majesty caused some restraint to the further violences and oppressions of the said Massachusetts, and they conteyned themselves for a time within their pretended bounds but not; sooner was that king of blessed memory your royal father become a sacrifice but they renewed theire former violences by oppressing all the other colonies and ciesigne- ing by encouragement from somevin England to erect themselves into a commonwealth, and in order to lay a foundation for this power and domin- ion which they now aspired unto they thought it necessary to extend theire bounds and spread into a, larger territory then as yet they had usurped, ant'
that this work might not be done wi'i:0,;i a mask or color of right they 'd« in an assembly held at Boston the 19; !i -,f October 1652, seriously peruse the grant (which had been procured as afore*»ci.) and therein weighing the words and trying what new sence they might bcure more suteable to theire increase of power, they tho't fit at length u> declare themselves mistaken in what they had done in the year \h$\ when they erected bound-houseb and had for soe many yeares confine; them Delves thereunto, whereas now by the help of an imaginary line or rat net by c. new reason of state there is ft nence imjiosed by themselves up.cn thdre own worries and they stretch their rights to neer two hundred miles of land northward i.r.d as much southward more than they were satisfied withal before, s'.vai lowing up your majesty's petitioner as well as others whose properties were established long before the said people had any being. And that ihey might give execu- tion to this righteous sentence they presently invade and by face of anna seize upon the province of New-fla/nfls/iirc, and < ^ oi right be-
longing to your petitioner, besides what they did to others, compelling thr inhabitants to swear to be true to them and to cast off their lawful lords, and such as refused were either ruined, banished or imprisoned, ana any appeales to England utterly denied unto them, then they proceed to coin- ing of money with their owne impress, raising the coine of England, and acting in all matters in u most absolute sncl arbitrary way. And although your petitioner by his agent Joseph Mason did den. and red cess of the general court of Massachusetts setting at Boston in 1652, offering to make out the right and title of your petitioner to the province of New-Hamp- shire and other lands against all persons whatsoever, yet noe reSlwitiOtt could be obtayned without a submission to their authority, and to hou; the lands from them v.hich the petitioner then did refuse and hath i aies refused chusing rather to wait for more happy times wherein to expect reliefe than by a legal! resignation of his rights to those who had none at all divest himself of what his ancestors had purchased at soe deare u rate : Your yetitioner having as eaquall a right to the government in the said province as he hath to the land itself, all which appears by a report madt/ to your majesty the 15th of February 1661, when your petitioner first ex* posed to your majesty the oppressions under vhich ho had so long groan- ed, in the evil times, and which grieves him \io\v much more to beare while liee has the protection of soe just and gracious a soveraighe to re- sort to.
Wherefore your petitioner most humbly implores your majesty to take- notice, that (by a pluine discovery of what fraud in the beginning and the length of troubled times has helped to conceale) the Bostoners have not- patent of incorporation at all, that yet they have under colour of right and authority from the crown devoured your petitioner und other proprietors whose titles are by your majesty's learned councell allowed as strci the law can make them.
That all waies have been tried and methods used to obteyn justice from the Bostoners, but all have proved ineffectual!, that your petitioner's losst-b have been soe many and great, and his sufferings soe continued that h«- cannot any longer support the burthen of them. And when your majes- ty will but consider how small the respect has been wherewith those peo- ple have treated your majesty since your happv restau ration, and what daily breaches are by them made upon you;- majesty's acts of navigatioi »( , M«-h ttirnes so greatly to the detriment «f thrs kingdome in go:
APPENDIX, 305
£>€&* losses und sufferings of a particular subject cannot much be (ques- tioned, see that your petitioner humbly hopes that your majesty will think 1i high lime to stretch forili your royall hand of justice to assist your peti- iioner, that hee may hhve ihc quiet possession of his province, and re- paration rnaue him fur the losses sustcyned, in such ways and methods as ihe importance o! the case requires, and your majesty in your'royalf wis- ..dome shall think most fitt.
.1 your petitioner shall ever pray.
ROB.' MASON. fFrc^i a cufnj in the possession of the Md&mian proprietors.^
XIV.
A brief declaration of the right and claim of the governour and company of the M v-^.ichuseUs Bay in New-England, to the lands now in rueir possession, JKII pretended to by Gorge and Mr. Mason, together wkii an ans'.ver to their several pleas and complaints in their petitions exhibited : Humbly presented and submitted by the said governour and comp. ny to the kind's most excellent majesty, as their defence.
IN the yoare of our J^ord 1628, in the third yeare of his late majesty Charics the first, of happy memory, several loyal and piously dis, gentlemen . btuined of the great council of New-England, a grant of a cer- tain tract oi'uixl lying in New-England, described and bounded as therein expressed ; which was in all respects fairly and openly procured and with ho go^«d an intent of propagating the gospel among the natives, and to ad' vance the honour and dignity of his late majesty, of happy memory, that they were bold to supplicate ins" said majesty to superacld his royal confir- mation thereto, which accordingly in an ample royal charter was passed and remains under the broad seal of England, March the 4th 1629, in the' i'ourth year of his majesties reign, with further additions and enlarge1* r^.ents well becoming so royal a majesty, and suitable for the encourage- ment of so haz-irJ.ous and chargeable an adventure. In pursuance whereof many of the said patentees and other adventurers transported themselves and estaies and settled in the most known and accommodabie parts of Ihose lands contained i;i the suicl charter, neither time, estate, nor power iUiferJ.v; them speedily to survey the just extent of their limits. Not many yt\irs different in time several others also of his majestyss subjects obtained other grants, and made several settlements in the more no1, therri and c. stcrne parts of the country, with whom for several years v, c had neighbourly correspondence, being as they supposed without the 'i-.^iis of our patent, amongst whom the present claimers and petitioners v ere. These grants partly by reason of the smallness cf some of them, and partly by reason of darke involved and dubious expression of their limits, ,;ou--iit the inhabitants under many intanglements and dissatisfactions among themselves, which there being no settled authority to be applied r:\ being deserted and forsaken of ail such as by virtue of said grants did f'.iim jurisdiction over them and had made a successless essay for the set- tte'rnc /ernmcnt -among them proved of some continuance, unto
the great. disquiet and disturbance of those his majesty's subjects that were peaceable and veil disposed amongst them \ to remedy which in* convenience they betook themselves to the way of combinations for goiN crnment, but by experience found it ineffectual, in this time ignorance <if iho uoriherly runr.ing uf Merrimack river hindn.'d (^ur actaal claim ayw*
P >,
a small interruption by rear 166.5, (when hij majes-
extcntion pf government, yet at length being move fully s< Ingj obtained further acquaintance and correspondency with the 'Indians possessing the uppermost parts of that rivre encouraging an adventure, as also frequent solicitations from the most considerable inhabitants of those eastern parts earnestly desiring us to make proofe of and ascertain our in- terest} we imployed the most approved artists that could be obtained, who upon their solemn oaths mude returns, That upon their certain observa- tion our northern patent line did extend so far north as to take in all tho?e towns and places which we now possess ; which when the inhabitants a& well as our selves were satisfied in (urged also with the necessity of g«'v* eminent amongst them) they peaceably and voluntarily submitted to the government of the Massachusetts* (viz.) Dover, bquamscot and Ports- mouth anno 1641, Kittery, York and Wells ai:no 1652 and 1653, frcirt which times until the year 1662, when there v a letter of Mr. Gorge, arid afterwards in the year
tyes commissioners} Colonel Nichols and others came over) the inhabi- tants of those parts lived well satisfied and unintefrnpled under the Ma?.-- sachusetts government. But when the said commissioners rdfher re- garding the Massachusetts just right nor the claims of Mr. Gore; Mr. Mason, settled a new forme oi government there, but this hare!: lived their divmrlur?, the people impatient of innovations, and well • rienced and satisfied in their farmer settlement, qv.ickly ar:d quic Uirned to order again and s</ continue unto this time. This is in words the true state of the mutter ; for the further illustration wl and justification of our proceedings therein arid vindication nf our . from the reproachful i imputation of usurping authority over his m?.; subjects in the easterne parts pretended to, v it!: other scandals car us by the petitioners, we humbly picscnt the lolloping pleas by way of de- monstration, and argue that our extension of government to th' purls claimed is agreeable to our indubitable patent right ; our patent ac- cording Jo the express tcnnc therein contained without any ambiguity o? colour of other interpretation, lyes between two ro;-;t axd west par air I line* drarjn from the ntou* southerly fiart of Cftafles river and the most ncrth-.riit part cf Men'imuck, with three mile.- , ufioii each, which upon
the observation of men of approved and undoubted truth upon oath, are found distant one degree and forty nine minutes north latitude being to ex- tend in full latitude andbre^Gih from sea to sea (ut in terminis) and there.* fore cannot be bounded by many hundreds cr infinite nurnrers of lines, a* the river of Merrimack maketh bends or angles in two hundred miles passage from Winipesioke lake to the mouth thereof, which, to imagine, a^ it is irrational so would it involve us and any borderer into so many inextri- cable disputes as are by r.o wayes to be admitted by a prince seeking hi* subjects peace. Besides \\ere such a construction allowable (which with uttermost streining is) yet all fax curable interpretation is to be offered the patentees by the gracious expression of the charter. Now according trf the afore mentioned observation (so confirrhed) all those extern pli.iUu- lions challenged by our opponents (utsupia) are comprehended within our northerly line. We deny not but the artists of their selves, and ii any question thence arise we feare not to submit to tryal to the most exact. and rigorous te.st ilv.it may be. The invincible strength of this our fn>,\ plea may further appear by the consideration cf the frivolous and in.-si^ni-' ficant allegations of the petitioner in opposition thereunto, vi;
307
ot'our line or assni lion of our right to thosft 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 hedious a wilderness possessed by an ene- my would be the worke of a few yeares, cur own poverty not affording means, and our weakness (ui'.owing 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 betaken from our northern right so obvious to thife meanest artist.
Idly. The Possession-house in Hampton of so little signification and, so long since disused, that Mr. Mason hath forgot the name thereof and talleth it Bonnd-house, erected to give the world to know that we claimed considerably to the northward of our then habitations upon the bay, though <ve did not know the uttermost extent of our right, our fathers not being so-ignorant o* the law of the reiJme to which they did appertain as to suppose the taking possession of part did debar them of the remainder but the contrary ; and we challenge Mr. Mason or any on his behalfe, p -. ..rising; our records shall be open to the most scrutinous search to prove ft, either called or intended according to his abuse thereof.
3dly, That notorious falshood of stretching our right to near four hun- dred miles north and south more then formerly we were satisfied with, •our ivhole breadth being but one hundred and nine mile, which is not .v.u '• more then a quarter part of what he would have the world believe. •our i'jsiv claime and (as he would insinuate) usurped territory doth conv fc.ln, arising (we wbuid charitably believe) partly from ignorance of the cousiiiVj; of the country, Mr. Mason accounting by *he sea-side, and we. •r.vippose coasting in the measure of every harbour and cove to 1114^6 up •-li.it calculation, which lies much of it due east and not to the north, but a i1 malevolently suggested (as many other things as of little credit) £> introduce into his majestic his royal brc st a beliefe that we ^re un- reasonable in our pretentious, und so unworthy of his majesties tavour, Vvhidi \YQ hope such unlawful endeavours \viii never be so prosperous a^ >k> obtain. What may be further added to this our first plea, may be sup- plied from the reasons formerly presented. We urge secondly, The in- validity of those grant, pretended to by the petitioners, which are of two ''sorts ; 1st. .Such as beare date ufter ours, which we see no reason tof fcare any interruption from. Secondly, Such as are pretended to beare 4ate before mrs, a-; .rlusl which we object that they are not authentick, •panting a sii;ii-.;!eut m :;bcr of grantors to make them so, none of them Ms we prysuiu^ will app ..-e upon tryal baring above six hands and seals •trniexed to tiuai, the s/ul council of New-England consisting of forty, a.KJ uis ra.vjtistyi-i gr-.nu u> tiiem expressly requiring (as we are informed) i&von rit the least to si.^ne to make any valid act ; and indeed Mr. Ma- son's own oftCil unwearied renewal of his grafts in »621, sixteen hundred twenty twa, sitt.--? n handred twenty nine and 1635, (as he saith) tacitly cojjfesseih the ^..me invalidity, in the fontier putting him to charge for ;ae latter, ti.i at lust he fell into such a trade of obtaining grants that his h-.! At 1 i'loai co.vsubi-Able \vas six years after the grant of our charter -ijesty? ars-.l but t'urec da^7es before the said council's
308 APPENDIX.
^on of their Absolute resolution to rcsig'., and but a fevv cu.ys before
surivi'ler, as he asserts ; which oi wru.t value ami consideration jf» is from t;u- . /.id council's circumstanc -d under a necessity of resignation of tiieir ,-• . :.t charter, procured rather by the clamour of such ill aft'ected persons us tl-c present complaint than by any true accompt of dissettle-- mem or iii management here, is not difficult** o judge. Hence it ap- pc. -M first, ho A little reason Mr. Mason hath to brand us with fraud or sun eptitiousness in obtaining our charter ; which Hath most shew of fraud txnd surrcptiti'.ius piocuration, a sisfir-uer>t number of those honb'e >s subscribing ours and fewer his pretended antidated grants, is easie ?o de.e: ir.ir,.-. In which asset tion is tr Le observed the I/igh reflection cast upon tiie members of his iale majesty and niinisters of state, ground- -lessiy rendering the counsel's seal, yea ti c jn-ent seal of Knpk-.nd. exposed to fraud and deceitful clandestine practices ; y.:a upon his present i ty,. insinuating fv.mseife be: ci yc.;Me-.ijitfd v ith matters of ' su.le then he who allows and continues cur *n.>nt as .^'hentick by his gracious letter of sixteen hundred sixty tv-o, which intolerable boldness how unbecoming (not to say more) in a subject, it is not eusie for us to ^ay. To all \vhich \ve may acid Sr Ferdinando Gorges application to the authority here to in- terpose in his anVir, which he, bein^ one of the great council, would have been far from acknowledging, had Mr. Mason's allegations been founded upon truth.
Secondly, That articles of charge depending upon such Illegal and [:ovt dated grants cannot Uke piace against us we.e thc'r dii.bui>t: as i;reiit as it is affirmed, which by eye witnesses upon tl e ptace and stiil living are proved comparilively very inconsiderable
ovily. We afiirme that tiie whole management of the aJTliir respecting our government of those eastern pans was in «u orderly and peacejb-ii- way, and aot without the reiterated and earnest scllicuation of niObt of ihc people there inhabiting, sufficiently appeal ing by their several petitions ; and we challenge Mr. Gorge and Mr. Mason by any living evidence or record to shew any sh;-ne of a forceable tntrance ^ Some nwjistrMes upon the clearing of our n;<lit to them and acceptance ci the tender of them* selves to us, being sent thiihcr without any other force than e:«ch of them a servant to attend them. Indeed some years after Capt. Jioniu-n for mu- tinous carriage was seized and biought to jusiice ; concerning many other cases many inhubitanis yet Jiving and eye wittnebscs c-n give \\.\c r^ost impavtial evidences,
. \\'e offer to consideration that the deserted and ungov ti'Jshc people of those places had we not had ii.at patent right so clearly ri, might warrant on:1 actions ; especially c< n -itlering the obligalitQ iipoii v;s to secure his majesty's honour and n ainturi the publick p.cace. so L&ziiided by the total want of government i;nicng>t them. Our ti: cicisc of jurisdiction being in the year 1641, tight ye*«r a';ci Capt. Nci.lt ? . ;.ci,t for Mr. Mason, had wholy descried the itnproxement of h-i-d fend the government of tlie country, which indeed i e never used bi;t one yeia-, for in the year 1630 he first came over, and in the year 1634 he quii'.ed the place ; and in the intesim negleclcd tl.c same in making a u>\\ \ Kngiar.d, the short time of his turriance p<>l admitting of serrk-ment c» ^;ovunmient or improvement. We m:v) i.c-rcto subjoin that Miv Joseph IM^son, agent for Mrs. Ann Mason, wlu.-u Ijpre :-ir:i all things wire fix>h it) niemory, made no demand c ntraiy to wh.it i- i.fi;.}iv.ed; but
.APPENDIX. 909
'•f\ic justice against his debtors there and elsewhere, arid that 9r Ferciinan- 'io Gorges his grant being so mean and unce't.'ii^y : ouncled that he knew not well how to find much less to improve to considerable advantage, by
his letter bearing date doth devolve the whose charge and care
of his pretended province upon the authority here established Lastly,. That the exercise uf jurisdiction in those eastern parts hath been and is his majesty's honour, ihe people's great benefit, and our charge wit! out profit, which had it not been, the mine of those parts would have unavoid- ably ensued in the want of all government, and their seizure by the Fiench, who ever waited a fit opportunity for the same. They have part of them for thirty five years and others twenty yeai eb (some small interruption in- tervening producing ths stronger inclination and resolution in them to be constant to his majesties authority here) lived under the government of thq '-issachusetts a quiet, well ordered and thriving people. And as for ;.',ny complaint from ill affected peihons, it is weii known that the best an4 wisest government i* not \\ithuui dis./uiet from some such ; atid no won- der if silly people are soon, tfected xvlth such fair glozing promises a& Mr. Mason hath made and published, as it were determining the case be- fore tryal by iii« late letter-, :o the inhabitants in those part*, and that our government in thobe places nave been no gain is so unquestionable a truth that never was any levy laid upon them for the supply ol the publick Ueas- • u rv •, tho* much hath been and is further like to be expended for their se- curity, 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. The before writen is a true copy trans, riied from the records of the general court of the lute colony of the Massachusetts Bay, held by the governour and company of the said colony att Boston, the 6tk ..of September, 1676.
Exumd. p*r ISA. ADDiNGTON, Sec«yv
No. XV.
At the Court at Whitehall, July 20, 167T. ^L. S.) Present the Jving's most excellent Majesty. Loi 4 Chancellor, E. of Craven,
Ld Treasurer, Ld Bp of London,
Ld Privy Seal, Ld Mayivad,
Duke of Ormond, Ld Berkley,
Marquis of Worcester, Mr. Vice Chamberlain^
Ld Chamberlain, IV- , . Sec.y Coventry.
Earl of Northampton, M . Sec.y Williamson,
EarlofPeterbtAfough, Mr. Chancellor of the Exche-
pari of Stratford, quer,
J'^; of Suiuferland, Master of the ordnance,
E. of Bath, Mr, Speaker.
"HERE AS the right honourable the lords cf the committee for trade and plantation*, iii.i iu pursuance of an order oi the 7th of February last make report to ihe bo«td. of the matters in controversy be- tween the corporcniosi of the Massachusetts Bay in New-Eogland, and Mr. Mason and Mr. Gorges loucning the right of soil and government, claimed by the said parties in certain lands there, by virtue of several grants from his majesty's royal father and grandfather as folioweth, in words.
May it please your majesty,
H.:vl;ig received your majesty's order in councii of the 7th of February -l. whereby we are directed to enter into the examination of the noun ii and limits which the corporation of the Massachusetts Bay in N. and, and Mr. Muson und Mr. Gorges on the other, do pre- tend by iheir several grants and patents to have been assigm-d unto them, as also to examine the patents and charters which are insisted en by ci- ther side, in order to find out and settle how far the rights of soil und gov- ernment do belong unto any of them. In consideration whereof the lords Chief justices of your majesty'- courts of king's bench and common pVa<; were appointed to give us their assistance, we did on the 5th of April las* together with the said lords chief justices meet in obedience to your maj esty's commuiK'.s. and having heard both parties by their council learned in the law, we did recommend unto their lordships to receive a state oi t:.e ctuims m >.e by both parties, and to return their opinions upon the Whose matter unto us, which their lordships have accordingly performed .• »vords io i low ing :
In obedience to your lordships ordei' we appointed a day for the hear- Jng of all parlies, arid considering the matters refcried, having received from them such papers of their cases as they were pleased to deliver ; at which time ail parties appearing, the respondents did disclaim litle to the lauds claimed by the petitioners, ami it appeared to us that the said lancte are in the possession of several other persons not before us, whereupon we 'thought not fii to examine any claims to the said land?, it being (in 01:1 opinion) improper to judge of any title of land without hearing of the ter tenants or some other persons on their behalf; and if there ho any course *f justice upon the place having jurisdiction, we esteem it most pioper Io direct the parties to have recourse thither for the decision of any ques- tion of property until it shall appear that there is just cause of complaint against the courts of justice there for injustice or grievance*
We did in the presence of said parties examine their several claims tp jJvc government, and the petitioners having waved the pretence ot a granf. of government from the council of Plymouth, wherein they were convinc- ed by their own council tha: no such power or jurisdiction could be trans* ferredor assigned by any colour of law ; the question was reduced to the province of Maine, whereto the petitioner Gorges made hi* litlc by s from king Charles the first, m the 15th year of his reign, made to Sir Ferd. Gorges and his heirs of the province of Maine and c'-se governmcn- thereof. In answer to this the respondents ailed ged tl.ai long before* «iz. in quarto Caroli pri.-ni, the government was granted to them, and pro- ituteU copies of letters patents wherein it is recited that the councii of Plymouth having grantcu to ccrU.in persons a territory thus described, viz. " all that part of Ne.v Englapd in America which lies and extend*- be- " twecn a ^rcai river that is commonly called Mcnomack alias Merri. {; and a certain other river there called Charles river, being in the hotum-j **-of a certain bay there culled the Massachusetts Bay, and also a! I and sin- u gular the kinds and hereditaments whuuovcr lying and belli;; within th* u space ot three English miles on the south part ot'lhe said Charles liver, ^or any or e/ery part thereof ; and also ail and un^ulur the lands and he- <* reditanien'^ whatsoever lyin;^ and heiug within the sp?.ce of three " lUh miles to the soutlv;rnio*t part of the ,s;iid bay called M^-.s
and ail those lands 'and hereditamenui whalBoevcr which [lie j spaco of three £ngiit>b miles \& Uic nt-nhwiiid-ei* the aaid
-•* liver cuilcu islcvioiauci; alias lyferrimack, or the northward of on y and v< every p.'.it thereof; and all lands and hereditaments whatsover lying i; within the limits aforesaid, north and south in latitude and breadth, and f* in length and longitude of and within all the breadth aforesaid through-- •• out the Viuin lands there, from the Atlantic and Western sea and ocean '• on the east part to the South sea on the west." By the said letters par ?ents the .king confirmed that grant, mude them a corporation, and gave '.hem power to make laws for the governing of the lands and the people therein. To which it was replied that the patent of 4° Caroli primi is in- valid, (1) Because there was a precedent grant, 18° Jacobi, of the same thing then in being, which patent was surrendered afterwards and before •he date of the other, 15° Car. primi. (2) The grant of the government can extend no farther than the ownership of the soil, the boundaries of which as recited in that patent wholly excludes the province of Maine* which lies northward more than three miles beyond the river Merrimack.. We having considered these matters do humbly conceive as to the first matter, that the patent of 4° Caroli Inri is good notwithstanding the grant made in the 18° Jac : for it appeared to us by the recital in the patent 4° Caroli I mi lhat the council of Plymouth had granted away their all interest in the lands the year before, and it must be presumed they then deserted the government ; whereupon it was lawful and necessary for the king to estab- lish a suitable frame of government, according to his royal wisdom, which was (lone by that patent, 4° Carol i Inu making the adventurers a corporation upon the place. As to the second matter it seems to us to be very clear that the grant of the government 4° Caroli Ina extends no farther than the boundaries expressed in the patent, and those boundaries cannot be con* strued to extend further northwards along the river Merrimack than <"hree English miles, for the north and south bounds of the lands granted •so far as ihe river extends are to follow the course of the rivers which make the breadth of the grant, the words describing the length to com- prehend i\\\ the lands from the Atlantic ocean to the South sea of and in •v,!I the breadth aforesaid, do not warrant the over reaching those bounds »;y imaginary lines or bounds, other exposition would (in our humble opin- *on) be unreasonable and against the interest of the grant The word* ••' of and in ail the breadth aforesaid" shew that the breadth was not intend* - u an inrd.-lnary line of breadth, laid upon the broadest part but the breadth i c^pectin^ the continuance of the boundaries by the river as far as the rivers go» but when the known boundary of breadth determines it must be r.arried on by imaginary lines to the South sea. And if the province of Maine lies more northerly than three English miles from the river Mer* timack, the patent of 4° Caroli Jiai f»ives no right to govern there, and thereupon the patent of the same 15° Car- iniito the petitioner Gorges will be valid. So that upon the whole matter we are humbly of opinion •as 10 the power of government, that the respondents, the Massachusetts and their successors, by their patent of 4° martis 4°Caroli l«ni have suclj. Tight 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 \re have thereof made as aforesaid, and the petitioner Sir Fcrdinando Gorges his heirs and assigns by the patent 3d April, have jfuch right of government us is granted them by the same patent within ftke territory'] called the province of Maine according to the boundaries
••grosse n te same patent
Ri. Rainsford, Fra. North.
t!2 APPINDIX.
All which being the opinion of the lords chief justice^ and fuiiy ing with what we have to report unto your majesty upon the whole mat- ter referred unto us by the s;-k1 order, we humbly submit the determina- tion thereof unto your majesty
Anglesey, Craven, J. Williamson^
Orrtiond, H. London, Tho. Chick;ey, Bath, G. Carteret, I'ciw. Stymc.ur,
, Which having been read at the board the 18th instant, it was nu. or- dered that the said Mr. Mason and Mr. Gorges, as cuso that the t.j i the corporation of the Massachusetts J^-.y should [.(• this day heard upon the said report, if they had any objections lo make il e.eunlo. In pwsv::.r.cc; whereof all parties attending with their council, who not al!». thing so material as to prevail with his majesty ar.d the boaid to differ in "judgment from the said report ; his rnajtsly was thertupo: approve of and confirm the same, and did order that ail par. quiesce therein, and contribute what lies in them to the punctv performance of the said report, as there shall be occasion.
JOHN NICHOLAS.
A*. E. The ab(,vc fiajier of which thccdfiy is attcnica Ly EdKun! Kiw~ €&n secretary rf JWa&tachusettS) and John Pcnhallovj clerk if if. court rf JVerj-HamJiislttrC) is in the files of the i-cid *u fierier court., and in. -The MaxQnio.il jirofirietary office.
No. XVI.
that iuirl 'f President Cults'* cw.nhsicn in <&hich the r,V.;w cf
Robert Mason is recited.
Nl) wliereas the inhabitants of said province cf New-Hampshiic have many of them been long in possession of several quanti- ties of lands, and are said to have made considerable improvements there- upon, having no other title for the same than what has been derived fiorn rhe government of the Massachusetts Bny, in virtue of their imaginary fine ; which title, as it hath by the opinion ufourjuGt.es in England btcu altogether set aside, so the agents from the said colony ha\ e conquentljr disowned any right either in the soil or government thereof, from the three mile line aforesaid ; and it appearing to us that the ancestors c;i Robert Mason Esq. obtained grams from our great council of Plymouth •for the tract of land aforesaid, and were at very great expence upon the •same until molested and finally driven out, .which hath occasioned a lad- ing complaint for justice by the said Robert Mason ever since our resto- ration. However to prevent in this case any unreasonable demands which might be made by the said Robert Mason fur the right lie claimeth in the said soil, we have obliged the said Robert Mason under his hand and seal that he will demand nothing for the time past until the 24th of j\i-.- past, nor molest any in their possessions for the lime to romc, but will make out titles to them and their heirs forever, provided they wiil pay to him upon a fair agreement in lieu of all other rents sixpence in the ; Recording to the just and true yearly value of all houses built by 'Item and of all lands, whether gardens," orchards/arable, or pasture, v, i k h ha\*_- been improved by them, which he will agree fehall be botMuSod outuntor every of the parties concerned, and that the residue mi<y P. self to be disposed of for his best advantage.
APPENDIX.
''• i3ut if notwithstanding this overture from the said Robert Mason wh;ch seemeth to be fair unto us, any of the inhabitants of the said pro vince of New-Hampshire shall refuse to agree with the agents of said Robert Mason upon the terms aforesaid, our will and pleasure is, that tin president and council of New-Hampshire aforesaid for the time being shall have power and are hereby imp >wered to interpose and reconcile all differences if they can that sliall or may arise between the said Robert Mason and the said inhabitants, but if they cannot then we do hereby com- mand and require the said president and council to send into England such cases fuireiy and hnpattiaily stated, together with their own opinions upon such cases, that we, our heirs and successors, by and with the ad- s/ice of our and their privy council may determine therein according to equity."
^V. /?. The sa?ne mutatis mutandis is inserted in Cranficld's commissitn,
No. XVII.
To his most excellent majesty Charles the 2d, by the grace of God of England, Scotland, France and Ireland, king, defender of the faith, Sec. The humble address and petition of the president and councill of his ma- jesty *s province of New-Hampshire, Ui New-England, Humbly sheweth,
Til AT it having pleased your most excellent majesty to separate us the inhabitants of this province from that shadow of your majesty's authority and government under which wee had long found protection, especially in the late war with the barbarous natives, who (thro* divine protection) proved a heavy scourge to us, and had certainly been the ruin of these poor weake plantacons, (being few in number and otherwaies be- in^ under great disadvantages) if our brethren and neighbours had not out of pity and compassion stretched forth their helping hand, and with their biood and treasure defended us, our lives, and estates ; nevertheless upon the receipt of your majesty's pleasure delivered by Edward Ran- dolph, esq. upon the first of January last, directing unto and commanding the erecting of a new government in and over these four townes the gov- ernment cf the Massatusetts yielding readie obedience to your majesty's commands with reference to our relation formerly to them although deep- ly sensible of the disadvantages likely to accrew to your majesty's pro- vinces and ourselves more especially, by the multiplying of small and weake governments unfit either for ofience or defence, (the union of these neighbour collonhyes, having been more than a little instrumental In our preservation.) Wee have taken the oathes prescribed us by your majesty, and administered to your subjects of these four townes the oatli of allegiance, and convened a general assembly for regulating the com- mon affaires of the people and making of such laws as may be of more peculiar use to ourselves, having speciall regard to the acts for trade and navigation set forth in the booke of rates commonly printed and sold, and if some obstruction accationed by such as make greate pretences of your majesty's favour and authority had not hindered wee might have brought matters to a greater maturity, yet hope to perfect something by the first opportunity of shipping from hence, but feared it might be too long to de- fer our humble ackcowledgment of your majesty's grace and favour iri committing the power into such hands as it pleased your majesty to nom- vntite, nt>l ifrvpo*in.g stfangers upon us, and it much comforts us aeaiftst
314 APPENDIX.
any pre tended clalniers to our soil or any malevolent sfdrits which may misrepresent us (as they have done others) unto your majesty or honor- able councill, while beside the knowne laws of the realm, and the undoubt- ed right of English men, wee have the favour of a gracious prince to fly to. We do therefore most humbly begg the continuance of your majes- ty's royall favour and protection, without which wee are dayly liable to disturbance if not mine .
And as in duty bound wee shall humbly pray, 8cc. March 29, 1680.
No. XVIII.
To the kings most excellent majestic.
WEE the president and councill of your province of New-Hamp- shire having (according to the royal pleasure) given an account of our alleigiance and observance of your commission by Mr. Jowles in March last, and therefore shall not give you the trouble of repetition. Ac- cording to your majesty's command, wee have with our general assembly been considering of such laws and orders, as doe by divine favor preserve the peace and are to the satisfaction of your majesty's good subjects here, in ail which wee have had a speciall regard to the statute book your maj-- esty was pleased to honor us with, for which together with the scale of your province, wee returne most humble and hearty thanks ; but such has been- the hurry of our necessary occasions and such is the shortness of the somer, (the only season to prepare for a long winter, J that wee have not been capeable of sitting so long as to frame and finish ought that we judge worthie to be presented to your royal view, but shall as in duty bound give as speedy a dispatch to the affare as wee may. In the mean time your subjects are at quiet under the shadow of your gracious pro- tection, fearing no disturbance unless by some pretended claimcrs to our sci/y whom we trust your majesty's clemencie and equity will guard us from injury by ; and considering the fiurchaiss of our lands from the heath- ens, the natural proprietors thereof, and our long quiet posssst>ion net inter- rupted by any legall claims^ our d.-fcnce of it against the barbarous advcrsu~ ry by our lives and estates, ivee are encouraged that wee shall be maintain- ed in our free enjoyment of the same, without being tenants to those rclio can shew no such tide thereunto. Further wee doe gratefully acknow- ledge the marke of your princely favor in sending us your royal effigies and iniperiall armes, and lament when wee thinke that they are through the loss of the ship, miscarried by the way. And seeing your majesty is graciously pleased to licence us to crave what may conduce to the better promoting of our weal and your majesty's authority, wee would humbly suggest whether the allowance of appeales mentioned in the commission may not prove a great occasion by meanes of malignant spirits for the obstruc* '»X? cf justice among us. There are also sundry other tilings that a littie time and experience may more evidently discover a great convenience} in which upon the contineuance of the same liberty from your majesty wee shall with like humilitie present. Thus craving a favourable construc- tion of what is above suggested and praying for your majesty's long and prosperous reigne, begging also the contineuance of your majesty's favor, out of which, if any of our adversary's under a pretence of loyalty or zetile for your majesty's interist should endeavour to eject usv\vee hop*
APPENDIX. 315
>ipon liberty granted us to speak for ourselves, wee shall aboundantly cle> raonstrate that wee doe truly and sincerely subscribe,
Your majesty's most loyall and dutiful subjects.
JOHN CUTT, President with the consent of the councill, Portsmouth, in the Province of New-Hampshire, June 11, 16&0.
No. XIX.
•Copy of [he Jlfandamus bij which Robert J\Iason, Esq. ivcta admitted to tt
seat in the council, Dec. 30, 1680. Trusty and well beloved, We greet you wel.
WHEREAS we huve thought it fit to take into our special care and protection our province of New-Hampshire and provide for its prosperity and good government and the settlement of the estates and psssessions of our good subjects there. And that far the avoiding1 any suits or contentions in matters of title, and the detei mining any demands which might be made by our wel beloved subject Robert Mason, Esq. as proprietor under us of that province by vertu of a grant derived from our royal grandfather King James under the great seal of England* : Wee have so composed all matters with, him that for the time past until the 2kh day of June 1679, he shall not claim or demand any rent, dues, or arrears whatsoever : And for the future he, his heirs or assigns shall receive only six pence in the pound yearly of every tenant by way of quit rent, according to the true and just yearly valu of what is improved by any of the inhabitants ; as is more fully expressed in our commission un- der our great seal, bearing date the 18th day of September inN the 3 1st year of our raign. And whereas the said Robert Mason hath humbly sig- nified to us that he is preparing to transport himself, for the taking care of his affairs and interest in the said province, and for the giving a secure and legal confirmation of the estates of such persons as are now in possession but without any right or legal title to the same. And he being a person whom wee have esteemed useful to our service, as he is chiefly concern-' ed in the welfare of that our province ; wee have further thought fit to constitute and appoint him to be one of our council therein, and we do hereby order and require you our president and councillythat immediately after his arrival you do admit him one of our council of our province of New-Hampshire, he first taking the oaths mentioned in our said com- mission. And we do further require you and him, that i ou do betake yourselves to such discreet and equitable ways and method's in your pro- ceedings, agreements and settlements for the future, that there may be no occasion of com plaint to our royal person and authority here. We being resolved to discountenance all such as shall wilfully or unnecessarily avoid or delay your submitting to those determinations which may be reasona- bly decreed according to justice and good conscience. Which you are to signify to all our good subjects within our said province that they may govern themselves accordingly. And so we bid you heartily farewell. Given at our court at New-Market the first day of October 1680, in the two and thirtieth year of our raign. By his majesty's command,
SUNDERLAND.
To our trusty and well beloved the president and council £ cfour province of New-Hampshire in New-England, } *TIns must mean th? darter, to the coupci! of Plymouth ,
APPENDIX,
No. XX.
to the claim made by Mr. Mason to the houses *nd laneft of \rVew-
Hampshire.
[Irf Mr. Weart's hand writing, but without date or signature ] j"T does not legally appear that Mr. Mason can lay any just clairne to JL any of the lands in New-Hampshire, for what right he pretends is ei- ther derived from Capt Jno. Ma-,on, (wt)om he sr.ys was his grandfather) or from his majesty's commission : But presume from neither of these has he any ri^lit. Noj, from Capt. Jno. Mason ; for, (1) It does not legally appear that ever he had any right to the province of New- Hampshire. It is true there is a copy of a pattern or deed from the councell of Plymouth, which he brings over without attestation of pubiiuue notary or any other au- thority. Besides in said coppy there is not the least intimation of any hand or scale to the ori^;.:ia!l, and there is two men that swears this is a true coppy of the origtnali, which plainly demonstrates that the original! is but a blanck ; the truth whereof we ^re the more confirmed in, because it is not rational to imagine that Mr. Mason would cora» from England to pros- ecute a right and not bring with him what he had to make good his claimc j but having nothing but blancke coppies, he could bring no better than he had, which cannot be looked upon as authentique in any court.
(2) If it should be supposed that ever Capt. Jno. Mason had a right by pattent, yet it does not appear how Robert Tufton Mason (as the piantifie call* himseif) derives a title from him either as his heir, executor or aci- ministrator, or by deed of gift ; all that ve can hear in court is that the plantiie calls himself Capt. Mason's heir.
(3) If the plantiffe or his ancestors ever had a title to the lands he claims by pattent from the councill of Plymouth, >et they huve lost it by non use, for they never attended the ends of granting patents by king J anies, of bles- sed memory, in his hyness pattent to the great councelUpf Plymouth, which was the peopling of the land,i[nlargeing the king's dominions, prop- agating the gospel, conversion of ^lie heathen the native proprietors, Sec. Now the plantife nor ancestors neyir planted this province nor expended any thing upon it to the uphp.ding of it in peace nor war, but the preseir. inhabitants did either by themselves or predecessors, purchrse their possessions from the natives, and by their permission did sit down upon the laud and manured, to tne vast expence of above 50 years time in hard labor, and expending upon it their whole estate. And in the late Indian ^ar did defend it against the enimy to the loss of many of their lives and considerable part of their estates, without any assistance from Mr. Mason who now chimes not only what poor people have purchased and laboured hard upon, but also conquered or relived from cruell attempts of the bar- barous heathen, and we conceave we were under no obligation to run such Adventures to make ourselves slaves to Mr. Mason.
(4) It does not appear that there was a quorum of the great councell of Plymouth to the making of Capt. Mason's deed according to the pat- ^ent granted to the great councell of Plymouth, which renders his claime unvalide, if ever any thing in that kind was done, which we question.
From what is said we humbly conceave Mr. Mason has no right from £apt. Jno. Mason.
And that his majesiie's commission does neither give nor confirme any title tp the lands claimed, we prove :
APPENDIX.
( 1) We humbly conceave that his royal majesty who is so prudent a prince and so solicitus for the peace of his subjects, would not have left that matter doubtfull to his subjects of this province but rather have told us that he had given all the lands to Mr. Mason, but there is nothing of gift to him in the commission and if his majesty had (which we cannot be Sieve he would) we should crave the benefit of the statute in the 17° of' Charles the first, which says, No king and councell can alienate lands but by due course of law. But wee were never yet heard, and when it comet to lc;val tryal uee presume the law of possessions will confirm our lands to US, seeing we have had peaceable possession 50 yeares.
(2) If his majesty had given the lands in the province to Mr. Mason* what can be understood by that clause in the .commission * That in case the inhabitants shall refuse to agree with Mr. Mason, then the governor shall interpose and reconcile all differences if he can, but if he cannot then to send the case, fairely stated to England that his nr.aj.esty and privy councell might determine according to right ;' which wee numbly con- ceave puts a barr to any legul proceecliqgs until his majesty's mind be further known therein. The inhabitants nave offered their reasons to the governor according to commission, which he will not admit of, only did lake of one, viz. Capt. Stileman, and promised to send them to England, but we can hear of no answer and much fear his neglect.
(3) His majesty in his commission says, * To prerent unreasonable de» mands that may be made by Mr. Mason for the right he claimes,' which claime may prove good or bad when it comes to tryall. \Ve understand to claime and to have are di fie rent things.
(4) His :n:ijesty intimates in his royal commission by what title Mr. Mason does claime, viz. by a grant to his ancestors, ' who improved and possessed the province v:\v.\ great expence, until molested and finally driv- en out ;' but this province cannot be concluded to be the place he ciaimes until he make these circumstances appear, which we arc sure he never can doe.
Now Mr. Mason not producing any original deed for any of the lands of- this province, norauihentique copies, the inhabitants cannot make any compliance with him both because we see no right he ever had, or believ- ing if ever any was he hatfy mortgadged it already in En gland, and so alien- ated what right he had.
Although upon the (ormer grounds we have good plea against Mr. Ma- son's claime, yet we djci not see cause to join issue, not only because judg- es and jurors were not (jiuuified according to law, all of them being pickt for espousing Mr. Mason's interest by the governor's order, who has a mortgadge for 2 1 yeares from Mr. Mason for all the lands in the province. But also because wee was willing to attend the methods prescribed by his majesty |n his royal commission.
No, XXI.
The answer of Elias Stileman to the summons from the honble Edward Cranfield, esq. governor of his majesty's province of N. Hampshire in N. E. in pursuance of the method which his majesty hath been gra- tiously pleased to prescribe in his commission.
Ports-mo, the iS.th of November, 1682. May it please your Honor,
JN obedience to your command that I should render a reason why I re~ fnse to pay quit-rent unfc> Robert Mason, esq. (as l*e titles, himself) for
318 APPENDIX
my house and lands, and take deeds from him for the confirming of the same, I answer as followeth :
Istly. Because my said land I bought and paid for. The title umo which is successively derived unto me from those that ha^e possessed it, without any claime for at least these 50 yeares, upon which 1 have built at my own charge without any in terru pjion , and am in the possession thereof as my ownc. As to what is said in the commission concerning Mr. Mason*s proprietere, with all due submission to his majesty, I con- ceive it imploys rather his claime than a positive determination of his title.
2dly. I humbly conceive that being in possession of what I have bought and built upon, it rests upon the ciaimer to make ouf his title (if he have any by law), begging the favour of an English subject therein, that it may be first tryed upon the place, according to the statute law and the opinion of his majesty's judges in England, and this before I am liable to pay quit- rent and take deeds of confirmation from him.
Sdly. Should Mr. Mason obtaine his demands, myself and the res? of the inhabitants would be undone forever, for then all his granted to hira which he*e calls commons being out of fence, which yet hath been bound- ed out by the several towns and possessed by them for the'se 50 yeares, and i-uproved for the maintainance of their cattle both winter and summer, and for timber and fire wood, without which there is no liveing for ns, it being impossible for us to subsist upon that which in the commission is called gardens, orchards, if he may have the disposal of the rest.
4thly. The said Mason speaks of many thousands of pounds expended upon the place, which with submission cannot be made out, and if it could, what then have the poor planters expended in so many yeares labour since their first sitting downe upon it, when they found it an howling wilder- ness and vacuum domiciliuni^ besides a great expence of blood and estate to defend it in the late Indian warr, nor can they to this day make both ends meet by all their labour and frugality, and therefore must needs sink under the exaction of such a propriator.
5thly. The land which Mr. Mason claims as propriator is the land on which such vast expence hath been laid out by his grandfather Capt. John Mason, for the peopling of it and the land from whence his said grandfath- ers servants were violently driven out, or expeled by the inhabitants of the Massathusets, but upon this land there was no such expence laid out by his grandfather Captain John Mason for the end aforesaid, nor is this the land from whence any servants of his said grandfather w.ere so expelled, and therefore we that are possessed of this land are not concerned in his claime, hee hath mistaken his province and may endeavour to find it some other where, for here is no such place.
6thly. If Mr. Mason had a patent here, why did he not take possession in the day thereof. If hee were in possession why did he not keep it still : None ever drove him out as he informs, had. hee been once settled he nnk;ht to this day have kept it as the rest of the inhabitants have done with- out the least moilistation, but I am humbly of opinion that if he the said .Mason or any of his ayres came hither, they only came as many ships did to Newfoundland and to this countrey to make a fishing voyadge or beaver trade, and that being at an end departed and left their room to the next taker.
This is the summe of what I have at present to answer, humbly re- fjH£sting of your honour the stating of the case,, with your opinion Ui
APPENDIV 319
on tc his maj,e&ty as ihe commission directs, and when his majesty shall in his wisdom and justice see meet to order an hearing of the matter in his courts of judicature upon the place before a jury of uninterested and iwlifleient persons which may be had out of the neighbouring province, (and possibly Mr. Mason may think not attainable in this province where- in all persons are concerned,) as he hath been pleased to doe by that part of Mr. Mason's claime, which lyes under his majesty's government of Massathusets, I hope to be able upon these and other grounds so far to make out my title as io be held imblameable before God and man, for not complying'with his demands. Or if I should see cause to appeal to his majesty and honorable councell that I shall be put beyond all need of pay* ing quit rent to the pretended proprietor.
Thus beggioge your honor's favour, I subscribe, Sir, your humble servant,
E. S. [The t-i'J3 preceding papers are in the hand of the hon- President lVcare.~]
•>
No. XXII. Copy of an order for the administration of the sacraments according to the
mode of the church of England. Atacouncel held at Great Island, December 10, 1683.
By the governor and councel. New-Hampsb.
IT is hereby required and commanded, that all and singular the respec* tive ministers within this province for the time being, do from and af- ter the first day of January next ensuing, admit all persons that are of suit- able years and not vitious and scandalous in th'eir lives, unto the blessed sacrament of the Lord's supper and their children unto baptism. And if any persons shall desire to receive the sacrament of the Lord's supper, or their children to be baptized according to the 'iturgy of the church of England, that it be done accordingly in pursuance of the laws of the realm of England, and his majesty's command to the Massachusetts government. And ii any minister shall refuse so to do being thereto duly required he shall incurr the penalty of the statutes in that case made and provided, anil file inhabitants are freed from paying any diuies to the said minister.
The aforesaid order was published,
R. CHAMBERLAIN, clerk concil. [This paper is in thz council minutes, second book.~\
No. XXIII.
Copy of tJie information against Air. Moody, 1683. New-Hampshire in New-England.
T6 Walter Barefoot, Esq. judge of the court of pleas of the crowne, &c. now sitting at Great Island. And to Nathaniel Frier and Henry Green, Esqrs. assistants.
The information of Joseph Rayn his majesty's attorney general for the said province of New-Hampshire, against Joshua Moody of Ports-- mouth in the said province, dark, in his said majesty's behalle.
THE said Joseph Rayn informetli, that the abovesaid Joshua Moody being the present minister of the towne of Portsmouth aforesaid, ciib in the dominions of our sovereign lordCharl.es the second, king of , is by the duty of his place and the laws and statutes of the realm?
320
«f England, r(viz. the statute made in the fifth and sixth of king ifdwarc? the sixth, and the stat. of the first year of the raign of the late queen E- Jizabeth, which is confirmed by the statute made in the thirteenth and fourteenth year of the raign of our sovereign lord king Charles the second) required and commanded to administer the sacrament of the Lord's sup- per in such manner and forme as is set forth in the book of common prayer and administration of the sacraments and other rites and ceremo- nies of the church of England, and shall use no other manner or forme then is mentioned and set forth in the said book* Nevertheless the said Joshua Moody in contempt of the said laws and statutes hath wilfully and obstinately refused to administer the iaerament of the Lord's supper ac- cording to the manner and forme set forth in the said book of common prayer, unto the honbie Edward Crarifield, esq. governor of his majesty's said province of New-Hampshire, Robert Mason, esq. proprietor, and John Hinks, esq. of the said province ; and doth obstinately and wilfully use some other forme then is by the said statutes ordained, contrary to the forme thereof: Therefore the said Joseph Rayn in behalf of our sovereign lord the kin^, doth pray, That the said Joshua Moody bern^ thereof convicted according to law, may suffer such penalties as by ths said stat. are made and provided in that case,
No. JCXIV.
Cofiy of a second information agaiust Moody, New-Hampshire in New-England. To the honbie Walter Barefoot, esq. judg of the court of pleas of the
crown and o/her civil pleas, held at Great Island, and now sitting thi*
6th Feb. 168|, &c.
The information of Joseph RaVn his majesty's attorney general for
the said province, in his majesty's behalf against Joshua Moody of
Portsmouth, clark.
iEREAS the said Joshua Moody hath in open court of the quarter sessions of the peace held at Gr. Island aforesaid upon record, confessed and owned before the Justices, That he hath administered the sacraments contrary to the rites.-und ceremonies of the church of England, and the form prescribed and enjoined by the statute made in the first year of the late queen Elizabeth, and so stands convicted of the said offence before the justices at the said sessons ; Joseph Rayn his majesty's attor- ney general for the said province, who prosecutes for our sovereign lord the king doth (iccording to the ancient law of the statute made in the for-' ty second year of the raign of king Edward the 3d, now in foice) in his majesty's behalf, exhibit his information to this hon. cotirt aguinst the said Joshua Moody, for that he having for many years had the appearance and reputation of a minister of God's word in the said province, being within the king's dominions, and having wilfully and obstinately refused to admin- ister the sacraments according to the rites of the church of England, hath administred the sacraments of baptism and the Lord's supper in other manner and form than is appointed and commanded by the statute of the first of queen Elizabeth and other statutes, contrary to the form thereof and in contempt of his majesty's laws : And doth pray the court's judgment and that the said Joshua Moody may suffer the penalties by thr Said statute in this case made and provided.
APPENDIX. 321
No. XXV.
New -Hampshire in New-England.
To James Sherlock, gent. prov. marshal and sheriff of the said province,
or his deputy.
IN" his majesty's name you are hereby required forthwith to take and apprehend the body and person of Joshua Moody of Portsmouth in the said province, dark, and carry him to the prison of Great IsUind in the said province ; and the prisonkeeper, Richard Abbot, is hereby re- quired to receive him the said Joshua Mcody and keep him in sale custo- dy in the said prison, he having bin convicted of adwinniring .the sacra- ments contrary to tht laws and statutes of £nglandt and refusing to ad- miniater the sacraments according to the rites and ceremonies of the church of England, and the form enjoined in the said statutes. There to ren^.in for the space of six months next ensuing, without bail or mainpiize. Fail not.
Dat. the 6th of Feb. 163|.
WALT. BAREFOOT, (Seal.) PETER COFFIN, (Seal.)
HEN. GREEN, (Seal.)
HEN. ROBY, (Seal.)
Vera cooia, Teste, Ricl do Chamberlain, CIro P.
[The three preceding fiajiers are in the Recorders office.']
No. XXVI.
Cojiy of an order fir raising money without an assembly. New-Hamp.
At acouncel held at Gr. Island, Feb. 14, 168|. By the governor and councel.
WHEREAS we have lately hud intelligence by a letter from Capt. Hook to Capt. Barefoot one ot the councel of this his majesty's province, that he had advice from the captain of the fort at Cascoof a sud- den rising and onset intended by the Indians upon the English at the ,t- ward : And whereas the assembly have been lately tendred a bill ^or rais- ing a revenue for ihe fortifying and defending ourselves against his maj- esty's enemies, did absolutely refuse and reject the same without pi'':ng any reason for so doing, or preparing any other for ciefraying the cl of the public service. We his majesty's governor and councel find),, public treasury so empty and bare that there is not so much r.;;>; cv a3 to puy a single messenger ; and those persons that are ihe support ol the province have not estates to support themselves in the war (if &ny should happen) without due payment for their service in consideration of the premises, by virtue of his majesty's royal commission bearing cuae the nineth of May 1682, and also of his ii;:jcsty's royal instructions to the governor bearing date the 29th of April 1682, have, for the raising a rev- enue for fortifying and defraying trie necessary charges of the government, that there may be a magazeen of a inn unition and provision, and of money io pay indigent souldiers, as also icr such emergencies as a war necessari- ly produce, thought fit to continue, and do hereby continue all such taxes and impositions as have been formerly laid upon the inhabitants (except- ing only the rate of the penny in the pound raised in time of usurpation u'ithou'. u j.?e:ir r-.il a-.sernbly) commanding anil requiring all and singular
K $
APPENDIX.
the constables and collectors forthwith tope? form their duty in lev) ing ami collecting the same, and paying it in to the tteusurcr.
No. XXVII. Cofty of a letter from the council to Governor Dungan.
Prov. of New-Hampshire, Mar. 21, I6g|. Sir,
{TJy several advices we have received of a sudden rising intended by the. JO& Indians in these eastern parts to fail upon the English, we judged it absolutely necessary without delay to provide for the safety and preserva- tion of his majesty's subjects inhabiting this province, and'io vive rcleef (if need be) to our neighbouring colonies. We have therefore upon con- sideration of the best means for the securing of these provinces concluded it ve.y neressary to entertain a number of southern Indians for souldiers, who are best acquainted with the manner ot these Indians skulking fight ; and this being a work offiicty and charity for preventing; the effusion of Christian blood : And knowing- that your honor has an influence upon the southern Indians our honourable governor was Milling to take the trouble upon himself of a journey to New-York to treat with your honor for send- ing of such a number of Mahiquas, or other Indians, as may be comeni- ent to assist in this service, and to make such capitulations and agreement as to his honor shall seem reasonable. We doubt not your honor's readi- ness in any thing that may tend to his majesty's service and the safety o.f his subjects, having often heard a noble character of your honor from our governor, whom we have intreated to present our letter with our most bumble service. We have committed all matters to his honors prudence and management and what his honor shall judg fit to be done we shall see performed. So praying frr your honor's health and prosperity, we bub- • scribe ourselvs, (being his majesty's council of New-Hampshire)
May it please your hon. your most humble servants, To the honble Col. Tho. Dongan, "| ROBu MASON
governor of his royal highness Vv ALTER BAREFOOT,
his colony of New-York, and ^> R. CHAMBERLAIN, the territories thereto belong- j ROBt. ELLIO 1 ,
ing, humbly present. JOHN HINKS.
ws preceding fiafters are in I he council's minutta, second book.j
No. XXVIII.
To the "king's most excellent majesty. The humble address and petition of sundry of your majesty's loyal subjects
the freeholders and habitants of your majesty's province of New-Hamp-
shire in New-Eni; .UK',
Most humbly sheweth, [From the towne of Exeter.
ff^HAT your petitioners predecessors having under the encouragement JL of your majesty's royal ancestors by their letters patents to the great council ot 'Plymouth, removed themselves and some of us into this remote and howling wilderness in pursuance of the glorious ends proposed, viz. The glory of God, the enlarging his majesty's dominions, and spreading the gospel among the heathen : And in order thereunto either found the land we now possess vacuum domitiiium, or purchased them of the heath- en the native proprietors of the same. -or at least by their allowance, ap- probacon or consent, have -sate downe in the peaceable possession ci the
APPENDIX. 328
same for the space of above fifty years*; hoping that as wee had attended the ends, soe wee should have shared in the privil edges of those royal let- ters patents above menconed, and thereupon did the more patiently beare and chearefully graple with those innumerable evils and difficulties that must necessarily accompany the settlers of new plantacons, especially in such climates as these, besides the calamities of the late Indian \varr to the loss of many of our lives, and the great impoverishment of the surviv- ors. Wee were alsce further incouraged from your majesty's princely care in takeing us by your late commission under your majesty s imme- diate govern mem, and appointing so-.iie Htiiong ourselves to govern us ac- cording to those methods there prescribed, being particularly bound to discountenance vice and promote virtue and all good living, and to keep us in a due obedience to your majesty ':-. authority and continuance of our just lihertyes and propei tyes, together with liberty of conscience in mat- ters of worshipp, and all in order to our iiveim-; in all godliness and hon- esty, fearing God and honouring the king, which wee profess to be our desire to doe.
But contrariwise partly by the unreasonable demands of our pretended proprietor Robert Mason, esq. and partly from sundry other reasons that are either effects or Concomitants thereof wee are in a fair worse condi- tion than any other your majesty's plantacons, and reduced to such confu- sions and extremities that necessitate our humble application to your maj- esty, upon whose clemency and justice omy under God we depend for our releifc.
Your poor distressed and oppressed petitioners doe therefore most hum- bly supplicate your most gracious majesty that you will vouchsafe to give leave unto one of ourselves, Mr. Nathaniel Weare, whom wee have sent for that end to spread before your sacred majesty and your most honoura- ble privy councell our depiqreab.le estate, the beholding of which we doubt nut will move compassion -towards us, and your majesty's propensity to justice wifi incline to the using such meanes as to your wisdom shall s'eem best that the oppressed may be relieved, wronged ones righted, and we your majesty's almost undone subjects now prostrate at your feet, may up- on the tasteing of your equity and goodness, be raised and further engag- ed in ail humility and thankfulness as in duty bound evermore heartily t» pray, kc.
Andrew Wiggin, David Robinson,
Thomas Wiggin senior, Kinsley Hall,
Thomas Wiggin junior, Bily Dudley,
Robert Smart senior, James Sinkler,
John Young, Christian Dolhoff,
John Fouls ham, Philip Charte,
Edward Smyth, Jeremiah Low,
Peter Foulsham, Ralph Halls
Theophilus Dursely, Samuel Hall,
Richard Morgen, John Sinkler,
Samuel Leavitt, John Wadieigh,
John Cotton junior, Samuel Foulsham,
John Gilman senior, Eleazer Elkins,
Edv/ard Gilman, Ephrairn Foulsham^
Moses Leaveitt, Humphrey Vv ilson,
Jonathan Robinson, Nathaniel Foulbham:
Re \wiliv:.. Jonathan Thin*r.
APPENDIX.
The like petition from the town of Hampton in the said province sigR, ed by,
Nathaniel Bachiler, John Mvrston, James Philbrick, Jacob Browne, Thomas Browne, Henry Lamper, Jonathan Wedgwood, Henry Moulton, John Moulton, Joseph Smith, David Wedgwood, James Cheuse, James Perkins, Morris Hobbs senior, Joseph >iou!ton, Benjamin Moulton, Thomas Levitt, Thomas Derborne, John Levitt, Henry Derborne, Arntus Levitt,
opher Hussey, John Tucke, John Smith, Thomas Page, Philip Towle, Josi.i'^ Sanbourne, "Wiiliu.n ' noourne senior, Ruth Johnson, widow, Richard Sanbourne, Thomss W-.iker, Isai'c Godfrey, !Humpnrcy Perking,
Benjamin Lauyrc, William Fuller, John Sanbourne, Hesron Leavitt, Samuel ShuerbornCi Francis Page, Peter We are, Benjamin Browne, Thomas Phiibrick, Timothy Blake, Jac»b Perkins, Jonathan Philbrockj Ebenezer Perkins, Ca;eb Perkins, Joseph Perkins, Joseph Dow, John Clifford senior, Samuel Philbrook, Joseph Shaw, John Clifford, Benjamin Shaw, Samuel Cogg, Timothy Hiilyard, Anthony Stanyan, John Stanyan, Joseph Sanbourne, Isaac Perkins, Moses Swett, Joseph Swett, Joseph Cass, Duel Clemens, Samuel Cass, John Sanbourne senior.
David Lamprey,
The like petition from Portsmouth in said province, signed
George Hunt, Peter Ball,
John Sherborne senior, Samuel Wentworth, Sp. Lovell, Richard Webber, Richard * 'aterhouse, •William Davell, John Cotton, Colomart Mashawes, John Barsham, John Shipivay, John Johnson, John Sherborne junior^ Thomas Pickerm*
Thomas Wracombe, Obadiah Mors, Nicholas Morrell, Samuel Keaia, John Dennett, John Tooke, Edward Melcher, George Lavers, Jacob Lavers, John Brackett, Matthius Haynes, Samuel Haines, Samuel Haines junior. William Fifield senior, Walter
APPENDIX. 325
John Light, Leonard Weeks,
William Pitmam, Nathaniel Drake,
James Jones, John Hunking,
William Cotton, Richard Joses,
James Levitt, Jane Joses,
Jethro Furber, John Fletcher,
Edward Ball, Richard Martyn,
Thomas Cotton, Ph. Sueret,
Daniel Duggen, Richard Waldron,
Francis Jones, Ben. Hull,
John Partridge, .John Cutt,
Robert Purinton, William Vaughan,
Nehemiah Yartridge, George Jaffreys,
Jotham Lewis, John Pickering,
Anthony Brackett, John Buister.
The like petition from the towne of Dover, signed by
Job Clements, Charles Adams,
Thomas Roberts, Paul Wentwqrth,
Edward Allep, Gerard Gyner,
William Furber senior, Jenkins Jones,
Henry Santer, Joseph Canne,
Richard Rowes, Richard Waldron,
Anthony Nutter, John Win get,
John Dam, John Gerish,
William Furber junior, William Wentworth,
John Dam junior, John Heard,
John Nutter, John Roberts,
Thomas Row, John Hall, jun.
Edward Row, Robert Burnum,
John Mqadow, Saml. Burnum,
Philip Chesley, Jeremiah Burnum,
Joseph Stevenson , Samuel Hill,
Thomas Chesley, Ralph Wormley,
Joseph Hinneder, William Horn,
Stephen Jones, Peter Mason,
Edward Small, John Woodman senior,
^athanael • John Woodman junior,
James Hucking, Jonathan Woodman,
Catharias Jerlld, John Davis senior,
Ezekiel Went worth,. John Davis junior,
Joseph Fields, Sam. Adams,
John Bickford, William Parkinson,
Thomas Bickford, Joseph Hill,
Thomas Edgerly, Nathan. Hill,
John Hill, John Roberts.
[From a copy in the hands oflfa honourable president Weare?[
No. XXIX.
deposition of Peter Coffiii, esq. one of his majesty's justices of the
peace for New-Hampshire, being sworn, saith, HAT sometime in the beginning of February, A. D. 168|, I the de- ponent was present a; the house of Mr. John Hincks in
326 APPENDIX.
xvith the lion. Eriw. Cranfield, esq. governor of this province, where I heard the said governor send for Mr. William Vaughan, and when the said Vauglvn came the governor enquired of him what affidavits those were he had that day desired to be taken. The said Vaughan answered, those that concerned his cause against Mr. Mason. The governor asked .him who they were, he Answered, if he might have summons he would bring them before his honour to oe sworn ; and then the governor .brake out into a passion and told him, the said Vaughan, that he was a mutinous iellow, and asked him wn -t he went lately to Boston for ; the said Vaughan answered he went about his business. Th.cn the governor said he -ent to carry a mutinous petiii ;n to be *ent to England by Weare, i;nd asked him what vesssi Weare went in ; Mr. Vaughan answered that he left Weare in Boston. Then the governor said* trnt by the next ships after Weare was got to England and had presented his petition^ he should have nn account of the persons names that subscribed it returned to him, and that it would be the best ha\vl he ever had, for it would be worth £100 a man. The governor further said, that the said Vaughan was a mutinous iellow, ana required of him bonds to the good behaviour ; Mr. Vaughan Answered he kne-> none of the king's laws he hud broken, but if he could be informed of his cringe he was leady to give bonds. And that in the whole discourse Mr. Vaughan demeaned himself with a great deal of moderation and submission. Notwithstanding which the governor com- mancled a mittimus to be writ and signed the same with his own hand, "whereupon the said Vaughan was forthwith committed to prison.
PETER COFFIN.
Peter CoTin, e.vj. the -above named deponent, appearing in the town ofKittery in the province of Maine this 27th of January 1684-5. made oath to the above written., before me,
CHARLES FROST, Just, of Pea:
No, XXX.
T/;-? warrant awl mittimus whereby WiWam Vaughan, Esq. was coin.'
to finnan. New-Hampshire. To James Sherlock, geiit. sherif and provost marshal of the said province,
or his deputy.
N his inrijesi.y';; name you are hereby required to take and apprehend the body of- William Vaughan, of Portsmouth, Esq. and carry him to the prison of Great Island ; And Richard Abbot the prison keeper there- of, is hereby required to receive the said Vaughan into said prison and 'here keep him in safe custody till he shall give good security to our sover. krd the king his heirs and successors for his the said Vaughun's good be- haviour tnvarcls tbe same our sover. lord the king, he having refused to find security for hi* said govd bthavhur the sixth day of February 1683. Given under my hand and seal the said bixth day of February 168-?-.
EDWARD CRANFIELD, (L. S.) [The t-vo preceding fmiiers are in the recorder's office.^
No. XXXI.
'?4 letter from Wiilia?:* raughan, EMJ. containing a j xirnal of transaction-: during his imprisonment ^ crc. to Nathaniel !VearC)jK*q,a£' r^i \ .' f
APPENDIX.
Mr. Nathaniel Wire,
SIR, Portsmouth, 4th Feb. 168-J.
THESE serves to give covert to the inc cse • which ware unhappily mislaid, 'and so brought to Portsmouth in.-ied of beinge carried by you to London though on the other hand A ou carried many papers for ; MC;> oiti/in to have been at Portsmouth. There were several!
papers in the bundle which ware very impertinetile unto your business, and the transporting of them very prejudicyail 10 som here, your especy- *H care about them is expected, yet may be safely returned \vith you if Hot transmitted by you before your returne. Wee are now a doinge a- boute getlnge e vide uses sworne, which you shaii iiave a further account by the firste, though retarded much by havinge no copies of them as wee expected. Sinsc your departure much ado have been made, many cxecu- cyons extended, viz. upon Mrs. Cutt, Daniele, myself, Mr. Fletcher, Moo- dy, Hunkins, Earle, Eickeringes, Booth, See. I went to prison but was redeemed with money* severall dores were broken open by Matthews the marshall's deputy, chestes also and trunks and carried out of the houses till redeemed with money. John Partridge and Wm. Gotten are in prison and have been sundry claies. No pay (as fish, sheep, horses, &c.) would be taken for their execuiyons, so there bodyes wave levied upon and there they lye. Our meuister for refusings to adiuenester the sacrament to the governor is bound over to the quarter sessions to sit to morrow, the issh- ew wee know not but six mi mhh imprisonment thretned. Your wife and fomele well. Crete bluster at Hamlqn about the petityon, som weeke-. iingcs ware whegled into a confession and they discovered the .persones that carried the petityon, who ware by jusus G. Sc R. bound over to the quarter sessions, but last Satterday night (on what ground know not) Mr. Greene burnte there bonds and only tould them they nuiste appere when coid tor. Charles Hilton is lately ded. As other news arrives shall haw I it to you by ail occalyones and doe you the like by us.
5th. Quarter sessions are come, and there Capt. Barefoote, Mr. Fryer, Coffin, "Greene, Roby, Edgerly, were justices, Raines was attorny. It was •brought in as a plea of the crowne* Mr. Moody pleaded his not beinge ordained, having no vnaintenanse according to statute and therefore not obliged to that worke which the statute required. Besides these statutes •were not made for these plases, the knowne end of there removal hither beinge that they might enjoye liberty in these forrin plantatyones which those could not have by vertew of tke statutes at home, and ware allowed •to have here, especyally our comityon grantinge liberty of contyense. These things \vare pleded, but t • no purpose, after a shorte picking and that not withotite many intet optyones and shiiies by the pragmatticke, bu- sey i\r.pertenci;te atturny, he was cotmtecl to tlie marshall, (viz. Longe Matthews) and held in custody that niuht tho' permitted to loc'ge at Capt. Stileman's. The justises debated a liueli, fcure ol them entered there de- seme, viz. Mr. Fryer, Greene, Iloby, Edgeriy, but Capt. Barefoote and Comn ware for his condemnatyon. Judgment of the case, every man's %vas entered by the secretary over night, but being deferred till nexte morninge informatyori was given to somebody who came in and thretned and hectored after such a rate that Green and Roby also consented as you see by the inclosed, and hee \vas comiled to prison. Pelyon was by him made to the courte, and afterward to the governor, that hee might step *rp atni^hte to his fau.e'.y and send inattei* ibere, and that he might ncr.t
328
APPENDIX.
goe into the dismall plase the common prisson. The court could not, thtf governor would not of firste, tho' in fine gave leave to the marshall to drop him at Capt. Stileman's, where he is confined to his chamber, tho' not without leave to goe down staires or into tiie bakeside, and this was done 6th instante. At night I having moved for the takinge of evedenses, •which was in words owned, wente to the secretary for summones, intend- inge to begin with Lift Haull and Thomas Wiggones, hee refused L< summones but first (I suppose) xnuste informe somebody, I was sent for by the marshall, huffed and hectored strangely, thretned, 8ec. in ;h:e, xnuste give bonds to the good behaviour ; I rt fused thereupon he made and signed my miUymos to the prisson, though by the way, I knowe not. how, was also droped at and confined to Mr. Mocdy's charaber, where wee have bin this two nights very chareful together.
Poore Wadlo\v who was left to the governor's mercy is com cute upon security for forty pounds money, and your Gove for a like some, only Wm Partridge is to doe it in worke, building and fensing, &c. The actyons goe on and are turned of hand apase, twelve at a clapfi, after the ouid man- ner. Roby though a justis is still of the jury. A new tricke is on foote, severall of us that ware executed upon and paid our mony the firste sine, are sued againe for illegal wkholdinge possession, tho* the marshal} (who was by executvon required to give possession never came to demand :t ;) the issue of which wee know not, matters being yet dependinge.
9lh. The prisoners Vaughan and Mr. Moody ware fetched out of pris- son to plede there casses at the courte. Mrs. Cutt, Daniell, John Par- tridge and myself and Mr. Moody were sue'! and all caste, but the laste who had somethinge particularly to saye, and sc-e he caste Mr. Mason though wee thought wee all said enoufe to caste him, viz. that hee h.ul an executyon for the land sued for, and when he levied his executyon Wiighte have taken the land aKo, with many other things (enoufe of wee thought) to have turned the case against him before anny indifereme judges and jurors, but thus wee are totted.
But above all our menester lyes in prisson, and a fammin of the word of God cominge upon us. No public worship, nopreachinge of the word, what ignoranse, profanes and misery must needes ensue ! By the premises you see what need there is you should be vigoros and speedy as you maye aboute your busnessto doe what may be to the preventinge of uter ruin;
My imprisonment is a presente stop to the geun^e what evecleL needful, and it's like we shall not make anny further attempt here, bu: what conveniente expedytyon will be done what is neeciiui and necessary. Mr. Martin was sued at the courte in tv-'o aciyones, one by Mr. Mason for fines and forfetures collected and received by him as treasurer from se\cn- ty nine to eighty two, and another actyon by the governor for fines, kc. from April eighty two. He is caste in both actyoncs to the vaiew of a- bout seventy pounds, although hee plecled that what hee received was dis- posed by order of the authority which made him treasurer, and had as good comityon from his magestie as that was in beini;e, neither did it legally appeare that ether Mr. Masson or the governor have anny rightc to fines and forfetures, the kinge appointinge all publicke money to be disposed or improved for the supporte of the ^overnmeiu ; however it is but aske and have, there demands in any case have the io'ce of an executyon.
iOth. The sabbath is come but no prechinge at the Bunke, nor anny al- lowed to com to us ; we had nooae but the lameley with us, the pore pc-
APPENDIX. 329
pie wantinge for lake of bred. Motyones have been made that Mr. Moo- cly may goe up and prcch on the Lord's daye, tho* hee com downe to prisson at night, orttiat naibor ministers might be permitted to com and prech, or ihu the pepie might com downe to the prisson and here as ma- ny as could, but nothing will doe ; an unparraleled example amongst christiaits to have a menester puit oute and no other waye found to sup- ply his plaseby one menes or other. Mr. Frier was severely thretned fopreKneinge to subscribe Mr. Moody 's commitment, but hath obtuyneci fairly a dismityon from all publike offices. Justis EdgerJy alsocaishered, and bound over to the quauer sejsiones. It is said that Justis Greene is much afflicted for what he has done, but Hoby not. Peter Coffin can scarse show his bed in anny company*.
14th. Nuse came from the fourte at Casco that there was greate dan- ger of the Indyanes risinge, which hath occatyoned a meelinge of the fcounscil and some discourse, but here no more since and hope it may van- ish.
15th. Good Mrs. Martin was buried, being notable to live above one sabot h after the shutting up the .dores of the sanctuary. Somebody hath said that the imprisoninge of the minister is noone of his worke, hee did but consti'are the courte, they did it themselves, tho* ajso hath said hee •would have don it himselfe if they had not. 17th. Another sad saboth.
18th. Came Mr. M.;son, Barefoot and secretary, with Thurton, who swore against mee a iutse o:.th, of which hcive inclosed a copia. Thurton said he was sent lor on purpose to give hi his testimony against mee ; — they went away, and scon after came the inclosed mittimos directed to Mi. Raines hoo is shereff and marshal in Mr. Sheerlock's roome that have bin out of favor of late, tho* now it is said in favor but not in plase againe. Mr. Esiwicke is uisiu put ouie of all offis. Noote, that when I \vente to him for takeinge oathes, hee said all oathes should be taken be- fore the governor and counseli,but now couid send to justisestocloe it. We had for s>om nibbles our key taken away from the chamber dore about 8 or 9 ut nigtue but have sinse left off that trade. Sowell of Exeter is ded. Seuivii; overtures were made this week to John Partridge and William Cotten by Raines to come out of pilsson hee giveinge them 3 monthes time to provide mony or anny other currante paye, tho* they tendered fish, planke, Sec. before they ware put in. they refused to accept.
24ih. This saboth our wives, children and servants came downe and spent the day with us in our chamber, and wee yet here nothing said against it.
25th. The marshal! goes and levies upon John the Greek's sheep and cattle for the exec '.tyon, for which" he hud laine about three weeks in prisson, and then came and ordered him to goe about his busnesse, 15
* Mr. Moody in the church records remarks thus on his judges : " Not long after
ft Green repented and made his acknowledgement to the pastor who frankly forgave him.
" Robie was excommunicated out of Hampton church for a common drunkard and died
' excommunicate, and was b</ his friends thrown into a hole near his house for fear ot an
' arrest of his carcase. Bareibote fell into a languishing distemper whereof he died.—
' CoiEn was taken by the Indians, (at Cochecho 1689) his house and mill burnt, him-
* self not being slain but dismissed ; The Lord give him repentance, though no signs of
' it have yet appeared."
Ss
330 APPENDIX.
shv'cpe, sundry lambes, and two haifers sezed for six pounds od This day also Mr. Jaffery having had sundery warnings the week before to c..:re his house becase Mi*. Masson would corn t-wl take possession of it, wente never the les to the Banke upon bu^ness ; mene while cam* Mr. Mason with the marshall and tinned all his servants out of dores, set another locke on the dove, and at night when his servants came home vretttney would not suffer them to corn in, but there lodged Maihews and Thurto.i allnighte. Mr. Mason said \viiiie aboute hi* worke thut he was sorry Wire had no more of this nuse to carry hoome with him.
The govenor haveinge sente to Mr. Cotton, that when he had prepa*- red his soule hee uould com and demand the sacrament of him as hee had clone at Portsmouth alrecly. Mr. Cotcon the latter end of the weeke before lasle went to Boston and has bin ouie two Lord's days already ; all is well with yours there, soe far as I can learn, I cannot goe to see else might have given them a visite.
One wortie more about my husnes. I am under imprisonment aboute Thurton's busness, being seized by the marshall and co ;.he*J worn in prisson before for not giveinjre bond for the good n i tin-' noth-
inge charged upon me any more than before, which you weli kwow. I nothing but they intend to keep me here endlessly ; it's saide I muste paye one hundred pounds for slrikeinge one of the king-'s officers and must, have my name returned into the exchequer and must iye ire prissou till the mony be paid and I am discharged from the exchequer. The designe you may e*e.'.v see is to rivine mee, cind how vaine my pies- %vir be you may esely ^-uesse.- Tim* I have maimy thinges to saie, viz. i'huiton was either no officer or at lestenot knowne to be so, how- ever not sworne, nor did I strike him i:i the hyewaye as hee sweares, nor is there -.r,;iy , oofe but his own single u--.d'nony, which how fai it av- ailes in such H case would be considered; it's ai^o worthy of inquire whether ever that law was intended for us, here beinge no customs to be gathered, no exchequer to be applied to, and therefore how these meth- ods can be observed is not imelLegable. You may esely iir.ugcn how things will be if I am forsed to compiye with there humors. Pray con- suit, consider, and see if something nu.y not be done to putt a stop to such .arbetrary proseedings, a trial! on the plase by in diffe rente uncon- se; :;ed judges and juror- "if atkste there can anny such be found hoo will not be forsed into what some will have done, but I shall not need to in- struct you; there you h.tve better counsell than I can give you, and of your fedeiyty to ino^uice und remitte by the firste what is needful on this accounte I cloute not.
1 a.<ve given you but a taste, wee that see it know more then can pos- sibly ;^e a,.xl-.;-s.o.-)dby those that only here ; in a \vordsuch is the haith :.i taidge that there is no livi?igcfor us long in thin condi- (yon. Butt ^ec hope God will bee scene in the mounte.
I should have inserted what fell oute after the disolvinge of the rebell- yous assembly, there was discourse of constables, and instead of the free- men's chu singe as formerly they tooke a shorte and cheper ^ course, and at the quarter sessions constables were chosen and to begin with Mr. Speker, he bus the honner to be constable for Portsmouth, Capt.Gerrish, Lt.'Nuuer and John Woodman for Dover, Smith the cooper for Hamp- ton, John Foulsharn at Exeter. Whether Mr. Speker shall serve or fine is not yet determined. And now 1 am spekinge of the general as- sembly, must hinte what was formerly forgotten, vz- that they convened
APPENDIX. 331
*n the Mondaye and the choice of the speker (there ould one) in words hi!y approved and hee complemented aiamode. Then a bill was sente them downe (of which if 1 can get it being now in prisscn shall irclose a eopia) whicli they talked a littei of t-nd then brake up for the nighte and wente up to the Banke to lodge (the tide serving very well to goe and com), the reporie of which highly disgusted, and the next n>orning the answer to the bill vehemently urtred, which wa*- in fine a negative.—- Hereopon in a ^rete raitlge teiiing them they had bin up to consult with Moody an uter enemy to church and coman welth with much of like na- ture, hee diosoived them, which was clone an the Tuesdaye, after which hee came up to the h a;ke and ->ve order for a sacrament on the next Lord's daye as you have herd and since the assembly men pricked for constables.
By the premises you will s.ee how the governor is makeinge good his word, he came for m^ny .and many he ivill gete, and if hee get it you know hoo must loose it, and how miserable mitste our condityon quickly be if there be no remedy quickly provided. Hee contrives and cutts out work and finds eviil instrewments to make it up, and these som among our- selves. Thus wee are cloven by our owne liml e .
28th. Sinse IVlr. Jafiery was dispossessed, Raines offered him for five shillings per annum quit-rent to Mr. Mason, he should have his house againe, provided hep would owne him proprietor, but hee refuseinge it is saide hee shall never have it againe. The talke i^that his house must be court-house and prisson booth, and standinge so nere the governor it is judged sutable for booth those ends, that hee may have the shorter jour- ney to couite and the prisoners may bee alwaies under his eye.
29th. John theGreeke haveinge laine som weekes in prisson upon ex- ecutyon, his goods haveinge been levied upon (as above), was by Raines locked oute of the prisson and bidden to be gon, but he would not, keepes his quarters still with the, other two. This daye his goods was sold by the marshal! and bought by Thurton.
Mr. Cotton is com horn from Boston. Crete offence taken here at a sermon hee preched in Boston on Acts xii. v. tho' plesinge to the hear- ers.
March 2d. This day Mr. JefTery's goods were all turned oute of dores by the sheriff, Sec. his man received and disposed ol them. Againste Jaf- fery there are two oathes taken, single oathes, but beinge for the king •will passe, and orders are given for warrants to apprehend him, he ap- peres not.
March 5. It is said that they are goinge this day to Major Waldrone's to serve him as they have done Mr. Jaffery, and it is given oute that the reste will be treted in like manner ; the court e was adjourned yesterdaye to the next month pbably that they might levey the execntyons that are in Banke before they cutt oute anny more wrorke. Justis Greene seems something troubled for sendinge the menester to prisson, and saithe hee will never doe such a thinge againe, but Peter Coffin saithe it is a nine dayes wonder and will soon be forgotten, but others think otherwise. If they goe on thus wee are utterly ruined, mwst goe away or starve if at leste wee bee not so confined that we cannot goe away nether. I quest- yon whether annie aidge can parralell such actyones.
In my laste I sente you a letter to Sir JOSIAH CHILD my master, of you have another copia herewith. My designs is that you
332
carry the letter yourselfe, waite on him while hee reades it, and if hee will pie^e to here you (as I hope hee maye) that you amplyfie matters) inform him what further intelligetis you have and attcndc his directyon, if God move his hearte to doe ought tor us. This cluye the governor sente us word by the marshall that wee must remove to Mr. Jarlerey*s house to morro, which house is made the prisson. Wee hope the nuse of the risinge of the Indyans will fable to nolhinge.
Ditto. 5th. Thus far was sent you by the waye of Barbados. It fal- lowes. The governor did saie to a Salem man that Moody might goe out oi the prisson, if hee would goe out of the provinse, butt wee here no more sinse.
James Robinson under grete rauth and in much danger only for speak- ing something to Thurton (of his being a pitiful iello, &c.) while said T burton was active in turning out Mr. Jaffery's good's.
6th. Matthews and Thurton hunted for Mr. JaiTei), searched in Mrs. Cutt's house, went into every room above and below staires, searched un* dei her bed where she lay sick in it but found him not. They carried it very rudely and basely in their worke. Matthews said he would caitch him or have his harte blue!, but hee was not there. Mr. Jiiflerey's goods were c i ;ie j to the o her si !e by nighte.
it i.-. sai.i that our imprisonment has much [alarmed] the hoole coun- trey and made them more lond oi their liberties. Thiti nighte IVlatthews was beten at Mersore's (sovn iurllinge boute its like), but its made a mity thing on, saidetobe a deepe piot. deeper than Cove's, managed by strong heels, and abundanse of that nature, and because the persons conserned ware under the inflewense ofVaughan and Moody they should suffer for it, for not techinge them better. Tho' we know no more of it than you, nor is their ought in it worth notis, but thus wee are trcted. The gov- ernor wente up to the Banke and made grete inquiries aboute it. Capt. Pickeringe and others that ware in the fraie are bound over.
7th. They hud six pounds five shillings of Obadia Mors by waye of ex* ecutyon. Raines was discarded being put oute of beinire sheriffe, &c. tho' he had his comityon under the scale but the other daye. Matthews is made provost marshall (at leste) in his roome and Thurton marshal's deputy. . Goodburds for suchoffises. Lord have mercy upon us. They had al&o eighteen shillings from Sam Case, the reste is deferred, and he has put a\va> e his goods and intends to remove or goe to pi isson, and soe wee muste a!L
llth. The Indyan nuse occatyoned an order to the trustees to get aminityon, they came down and pleded their time was up, it was said you shall keepe in during my pleasure. They said they had no mony of the townes in their hands, nor could anny be raised withoute a general as- sembiy . Then laye out your own mony or else woe to you ; and this they are fuine to comply with.
Hee suid and swore that if Masson would not acknowledge a judgment nexte courts of six hundred pounds, hee would take all his busnes from him and sew in his own name. Hee swore hee would turn oute that rooge Ellet who is as bad as anny other.
' Mr. Waldron beinge sente for by warrant to com before the justices to take the constables oath, appered before Mr. Masson and Capt Bare- foot, but excuseinge it and giveinge good reason was dismissed upon pay- inge five pounds ; but .poor Capt. Barefoot e was most ferefully rutted at
APPENDIX, 333
for his labor, many oathes sworne that Waldron should either take the oath or either take up \yith a goale. TIK next duye (tho* the justices hoose busnes it is, had fairely dismissed him r he was convented againe» the oath tendered, hee thretned with a prisson immedyately, butt tould them hee knew the law better than soe, men they tooke his one bond to answer it at quarter sessioncs and so far of that matter as yet. Another constable is chosen, viz. Capt. Pickeringc, tho' hee ha\e as yet waved the oath, haveinge lately served in that place, and pieuing his being bound to good behaviour for that laste fraye. He tauiks much of friggets to scare- the pore peple.
Hth. Counsell sat and could not agree aboute raisinge mony, which hily provoked somebody. They said ihe general assembly only could raise mony.
The governor tould Mr. Jaffery's negro hee might goe from his mas- ter, hee would clere him under hande and sele, so the fello no more at- tends his muster's consernes. *
15th. This day the secretary was in a grete raidge turned out of all his erases exepte secretary to the counsel;, (an emptie name little profit) and the bookes sente for oute of his hands. Hee is much conserned and dejected.
I am credible informed and you may beleeve it, that the governor did in the open counsel! yesterduye saye and sware dredfuliy, that hee would put the provinces into the gretest contusion and distractyon hee could possible and then goe away and leva ihem soe, and then the deveil take them all, Hee also then said that Mr Masson said hee would drive them, into a second rebeilyon, but himselfe would doe it before ; and I wonder" he has not, such actings are the reciy way, but God hath kepte us heth- erto and I hope they will do soe stiil. Hee also said and swore that anny person that should have anny manner of converse with us or anny oi our mind, he would couute them as utter enemies and carry toward, tnem as such.
17th. The governor haveinge formerly prohibited the prisoners from makeing shingles wente himselfe this day to the prisson and prohibited John Partridge from makeinge shoes, bad the mars hall throw them into the sea.
This day Raines beinge not willinge to give up a warrante that he had executed duringe the shorte time of beinge sheriffe, was sent for by the governor, and not appeiinge, the governor came to his chamber and did bete him dredfully, and bad the marshall carry the rouge to gaile.— Hee remaines out of -favour btiil. The governor also wente over to capt. Hooke's and got him to give warrants to the constables on the other side to serch all houses for Mr. Jaffery and bring him over, but they found him not, nor is he yet found, tho' proclamatyon was made at Wells cortj for his sesure tho' not yet done.
MARCH 18. This morninge came Matthews to our chamber «nd said the governor sente him to carry mee to the prisson, where I am where I still ly ; being put in only for Thurton's actyon and kepte in tho' I offered security to respond it. J think they have let fall the other aboute the good behaviour, seeinge they can make nothinge of it, and before my cominge in John the Greeke's bed, Sec. was turned out of prisson and hee jbrsed away, whoo would not depart before.
21st. Mr, Martin came to discorse abeut the mony he was casto for?
which they have not yet levtcu upon him, but intend to lave It upon allth* ould counsel! equally that each maye bare his share; at same time the governor tould Mr. Martin that hee would send his executyon. Said Mr. Martin, you know it is not my dew to pave the niony. No matter (said he), / mane menu and I will hai)e it. But 7 have none, said hee ; then I will take your house. Hee added also to Mr. Martin, that hee was a church member and hee would watch him. and all such, and be sure to paye them off if hee could caitch them.
22d. The sorrest storm and the hieste tide that ever was knownc. Ma* ny thousands of pounds damidgein Boston and much here. The bridge to the Grete Island broaken of in the middle to the grete joy of maniiy.
24th. The governor wente to Boston in Foxe*> sloop, intending thense to New-Yorke, pretendinge to discorse Colonali Dungham and bringe d;nvne l\vo hundred Mohaxvkes to kill the cstward Indyanes. What is at the botham or will be the isshue God knovvcs. Hee hud a could trete at Boston, staidd not a nighte in towne. Sinse his goinge vve have had litt- tei nuse worthy of your nods, but all things have bin very quiet hith- erto.
I have not interred upon these particulars to my master CHILD, but if hee will take any nods of the thinge and be consented about it hee will then give you opportunyty of discourseing him, and you may informe what is further neidful.
olst. This month passed cute and the other came in withoute anny noise, unles the grete joye that was at the Banke by Mr. Moodye's going up thither and my goinge onse or twise after with our keepers, by Mr. Mas&on's permityon who presides in the governor's absence ; but wee soone returned to the plase from whense wee came.
April 8. Nath. Fox who married Mrs. Stileman's dafter sente Mat- thews toarreste Capt. Stileman for his wifes portyon (tho* it was often ten- dered him in such paye as the courte ordered it, but he would have it in niony). Capt Sdleman gave his own house and all that was in it for se- curity to answer the actyon, but Matthews bringinge Tlmrton with him at his instegan-on, who was terrebly insolente, they arrested the wooman Mrs. Stileman and carried her to firtsson with much violense and course •usadge, tho* her husband had giT>en security. Shee was carried in the evening. Capt. Stiieman wrote to Mr. Masson, he protested against it and wrote to the marshal?, it would not doe. Hee wente againe and Mr. Masson wroote againe, but to no purpose, they kept her there till the next morninge ; a thinge not to be paralelcd in the English nation ! Complainte hath been made but no remedy. Abbot beinge up at the banke with mee Thurton took the key of the prisson, and when Abbot came would not permht him to goe in, but turned him awaye. Brave doinges ! Notunge can tell the horrible imperyousness and domanereinge carriclge of that wretch. The nexte morninge Mr. Masson (much a doe) got Mrs. Stile- man oute and the gaillor into his plase againe.
Mr. Masson gave leve for anny minister to com and prctch at the bank> so that wee got Mr. Phillops for two Lord's dayes, viz. 13 Sc 20th, have- jnge bin nine Lord's dayes without a sermone.
April 14th. Came H. Greene to Mr. Moody's chamber and made a oonfession of his faulte and begged his pardon for putting him in prisson and saide hee would git him oute quarter sessiones, Sec. Good words, butt Capt, Bavetoote wente to the prisson and tould John
AFPENDIX. 385
that if hee would give an order to allow so much as his charges came to oute of what the provinces owed him about Cove, for the soul- dyers, Sec. hee should come oute of prisson, and they would pave him the remafttfer, the hooie beinge about thurty pounds, but hee was not forward leste hee should in so doinge quitt them of false imprissoninge him ; but if they would doe it themselves, stop so they mighte. Nothiuge is done in it.
15th. Matthews and Thurton ware sente to Hamton to levie exccu- tyones and serve attachments and warne jewreyrnen for the courte in May.
They arrested seaven, among which Capten Sh^urborne one, warned the oulcl jewreymen, executed upon \Vm.- Sanborne, tooke foure oxen which ware redeemed by mony, drove away seven cowes from Nath. Batchelor, wente to your house, met your son Peter goinge with his four oxen into the woods, commanded him to turne ihe oxen h&ome, he would not ; they cursed, swore, drew upon him, thretned to run him through, beete him, but he did not strike againe. They came to your house, ware shutt oute, your wife ferefully scared for fere of her son who was oute with them. At length she lett them in, laid three pounds on the table which they tooke and then levied on severall young cattel but released and lefte them. Your son came hether to advise, but con.pluininge is bootless, such a dismal case are wee in. They tooke away two bedds from ould Perkins, but his son offered his person and they tooke it and quitted the other ; what more they did there wee as yet here not.
Capt. Gerish, John Woodman, Liften. Nutter and Nath. Batchelor are sworne constables.
If th. I wente to Mr. Masson at Capt. Barefoote's house and had sev- erall witnesses with mee, and desired him to take deposityones that I might sende them home, about my case and the reste of the cases, butt hee refused. The governor had putt mee in prisson when I asked him, and now in his absents the deputy governor denies to grant them. I hope this will be matter of juste complainte, that wee should be hindered from, applyinge to his majesty for relefe under our oppresaiones. You will have evidense of his denial sente home, sworne before som of the Baye magestrates : wee can doe no more unless the Baye should assiste us, which they are loath lo doe and wee are loath to put them upon as mat- ters are surcomstansed with them ; but wee thinke it should be taken very hainousiy by all that love justis and willing to administer it, that his ma- gesties subjects should be thus treated. Surely they are afraid or asha- med of there actyones (and they may be boath) else they would not be so shye of having them knowne.
This is what offers here, what more neidfull coz Waldron will advise from Boston.
With dew respects remaine, Your assured friend and servant.
For MR. NATH. WIRE, in London.
A discourse with the governor aboute my imprisonment, May.
84. [Subjoined to the foregoing letter. ~\
A T a sessiones held the 6th May, 1684, 1 was denied counsell, and to, J\_ have witnesses swovne. Mr. Waldron, Capt. Stileman and Capt. Froste were presented.
loth. The governor was with mee in prisson. Mr. Chamberlin, Mr- Hinkes and Mr. Sherloake with him.
336
The governor profferred mee (that whereas I was fined by the justises in Thurton's ease, that I might think they had not done mee rite) that I would prosecute it (giveinge security ^oe to doe,) in the kings benche at Westminster, the exchequer, or before kinge and counsel), I should ; though by his comityon hee could not dee it. My anser was, unles I could have securely given mee that in case I should recover, I might hav my charge and damidge nnuie me good, it would be of no benefit to me. He saide there was no res n for that, bccasc it was for the kinge ; though it washisbecase Mr. M<ts*on had rcsind up to the kinge all fines and for- fitures and the king had given it to him. But he said if I would deposite a valuable som hee would cioe the like and would give bond, and have it tried as abovesaid. My nswer was I thoughte the forty pounds was cnofe and that I expected exeauyon would com oute at the time, and should en- devour by the time to provide enufe for it, but withal toulcl the governor it was at his liberty to remit it if he pleased by virtue of his comityon.
Allso for my bcin c in ,>• isson for not givehiRC bond for my good i>c- h:.i ;rjar, when t e ses iune-- came I was not brought to my trLil Li that, but remanded to prison a .
At ditto time the governor tculd mee hee had put mee in prisson on that account, and hee uoii.;. a;;i:e bv it till I would give two hundred pound bound. My anser w, s 1 had rather ly in prisson then give bond to tempt such a fellow as Thutton, (or such others) that had sworne against jne alredy* and falsly. and judged it might t.e no scruple to him to doe the like againe. And withal told him that if his honner plesed to let me out of prisson, I would in •,. -elf by bond to live oute of the provinse,
though that would be \e-.y ^ my conserns and by that I ho-
ped he would have no thoar;- its of my misbehaveinge myselfe, that would be detrementall to the kin ^ jove nente here or himself. Not that I scrupled giveinge bond for .::y kod behaviour, though not accused for anny thinge but for layinge a uv.sptatyon to some base minded person or persons to foresware themselves, as one had done before in another case felateinge to me.
May 12. Was informed that whereas Thurton had a comityon to be prisson keeper, (and withal had vapored and said the prisson was to good for Vaughun, and the roome that hee had fited up did intende to keepe it himself and that V. should take his quarters where hee would as- signe it, and that the prisoners should not be waited on as Abbot had done, for hee would keep them ioacked up, only com morninge and eveninge) ibste his poaket booke wherein was his comityon and sundry papors oi consernment.
N. B. The original of this letter and journal is in the hands oftheHon, President We are.
N°. XXXII.
Co/iy of a letter from the governor and council to the lords of trade. [Council Records*"} Province ol New-Hampshire,
May 23, 1684. May it please your lordships,
SINCE Robert Waldy is returned from England having lately had an appeal dismissed by the council board, by taking advantage of Mr. Randolph's absence, who was attorney for the parties, he hath put the people of this province into such a ferment and disorder that it is not possible to put his majestys commands in cxecucon or any
APPENDIX. 337
ways govern them- And tho* notwithstanding in obedience to your lord- ships commands, we have called an assembly (a copy of the proclamation for that purpose being herein inclosed) we cannot think it prudent or safe* to let them sit ; they being of the same ill humor or worse as when Gove went into arms, his design being hatch'd at the time the assembly sate. And it looks more like a design, they having those four constables into the assembly that the kings peace may not be preserved ft he whole number of the assembly being eleven :) This Waclly being formerly an assembly man and hath three sons condemned in Cove's rebellion (and himself now chosen again) the oldest of them I have pardoned, one of them is dead and the other I keep in prison till I receive your lordship's further order. All the other offenders being pardoned. Major Waldrons son is con- stantly of the assembly and speaker (this being the third that hath been called) I wish his majesties clemency do not cause some great mischief to be done here. They have never given two PENCE* to the support of the government and that very rate that was made in the time of president Cutt and Waldron we have according to his majesties royal commission continued ; but do not think it safe to publish it, unlesse we had strength to countenance our proceedings. This we conceived our duty to inform your lordships, and are,
May it please your lordships, Your most humble and most obedient servants^
The appllants claim by grant" from Mr. Mason ; and as for Wadley he hath been these sixteen days in the countrey, and tho* I have heard much of him, I have not yet seen him.^
EDW. CR AN FIELD, ROBr. MASON, WALT. BAREFOOT, R. CHAMBERLAIN, JOHN H1NKS, JAMES SHERLOCK.
To the right honble. the lords of the committee > of trade and plantacon, at Whitehall. 5
N°. XXXIII.
Cofiy of a letter from Cranfield to Sir Lcoline Jenkins of the same date. May it please your honour, (Council records.)
WE humbly beg after your honor hath perused this letter to the lords of the council, you would be pleased to lay it before their lordships and desire their lordships to come to some speedy resolution j for it is no longer in my power to promote the honour and interest of his majesty here, without a small fregate to second his majesty's bioad seat' and other his royal commands. As to the pirates your honour may be assur- ed that myself and the council will punish them according to their de- merits, if they shall at any time happen to come within this jurisdiction ; and carefully obey all other commands which shall be sent unto,
May it please your honour, your honour's most humble and most obe- dient servant, EDW. CRANFIELD.
I most humbly beseech your honour by the first opportunity $ to send the king's letter to give me liberty to go off to Jamaica or Barbadoes for
* The first assembly voted two hundred pounds to the governor, but it is not certai$ accepted it though he consented to the act.
TT
APPENDIX.
iny health ; finding so great a weakness in my legs, which indisposition hath bin contacted ly the severity of the Cold.
To the Ri,<bt Honourable Sir Leoline Jenkins one of his majesty's? principal secretaries 01 . t.^te at Whitehall.
[The two preceding jiafitrs are in the council minutes 2d Hook.]
No, XXXIV.
Cofiy of Mr. Wcare's first complaint against Crcmfi-ld. To the king's most excellent majesty and the lords of his most honour- able privy council 1.
THE humble represent . don of Nuthanael Weare, inhalant and planter in your majesty's province of New-Han»pshir< England in America, on behalf of himself and other your nuMt ,iy' ;<>val subjects, inhabitants and planters there, \vi.ose names are subscribed to the four annexed petitions, as ir.llows :
1. That the hon. Edward Cranfield, Esq. your majesty's governor of the said province, upon his first entrance on that government, in order to the enlargement of his power as governor there bejond the just bounds and limits your majesty was by your royal commission pleased to sett him, and to engross the whole power of erecting courts, \vith ali necessa- ry fees, powers and authorityes thereto into his owne hands, exclusive of the general assembly there. The said Mr. Cranfield at the first general assembly there when the words of his commission ranne, " And we do hereby give and grant unto you full power and authority to " erect or constitute and establish such and soe many courts of judicature "and publique justice within the said province and plantacon within your " government, as you and they shall think fit and necessary for the hear- " ing and determining of all causes, as weli criminal! as civil!, according "to law and equity, and for awarding execucon thereupon, with all rea- |£sonable and necessary powers, authorityes, fees and priviledges belong- ing unto them," caused his commission to be entrea in the council! bookes there and delivered a copy thereof to the general assembly with" out the words [and (hey], affirming those words to have been put in by mistake of the clerk in engrossing the commission ; whereby the s ,id Mr. Cranfield has enhanced the fees upon tryals there to his own advan- tage, as will appeare in one of the articles following,
2. Although your majesty ' has been graciously p!ea?ed by your said commission to interpose between the inhabitants of the said collony and Mr, 'Root. Mvaatotflrctciided proprietor thereof, and to direct,
4 That on non-agreement between those inhabitants and Mr. Mason, the said Mr. Cranfield should interpose, who if he could not end the dif- ferences between, was by the said commission directed to transmit to England such cases impartially stated, with his opinion and reasons on the same, that your majesty with advice of your privy councill might heare and determine the same.' That nevertheless the said Mr. Cran- field, instead of keeping himself indifferent between the contending par- ties, Mr. Mason and the said inhabitants, hath by purchase or mortgage from Mr. Mason made hitnseif owner of the province : And the better to come by what he hath see purchased, he hath under colour of the au- thority of your majesty's commission made courts, whereof both judges and jurors have agreed with Mason for their own lands, and some of them have taken grants from Mason of other jnens lands. That never*
APPENDIX.
fheless this jury is continued from month to month and kept for this service.
'{ fca< Mr. Mason has cast forty persons on suit by that jury, the court rejecting all pleas and though the veidict be given lot Mr. Mason ac- cording to your majesty's royal commission (xvhich directs as before) and thi judgment entered accordingly, yet upon the execucon the inhabitants are turned out of their iamli and houses, as it hath fared with Wm. Vi^ighan and others and deprived of all subsistance.
3. That ihe charge of every action is raised from 20s. to 61. which is exj.aed in mcney, and though goods tendered (as usual) the person ira imprisoned for want of money in kind, and Mr. Cranfieid himself takes of the 61.
4. 1 ha u.e said Mr. Cranfieid under colour of trying actions, has by setting the lees soe extraordinary, forced severuil to quitt their claimes for want of money to carry on the suite.
5. That the said governor taking upon himself the power of priceing money not entrusted with him by his commission, hath against the agreement of the general assembly, by advice of his council!, ordered pieces of eight however wanting in their weight to pass for 6 shillings.
6. 'That the said governor, without good and lawful cause, hath takea upon him to commit several men to prison, particularly Wm. Vaughan, until bonus given for their appearances and good behaviour, when noth- ing further objected to them.
7. That the said governor and his council took upon them to make laws and put them in execucon without the general assembly.
8 That to prove the articles above against Mi. Cranfieid, the com- plainants have successiessiy endeavoured to procure warrants or sum- mons from the secretary to sumon their witnesses to be svvorne (which cannot otherwise be soe) the seeking of such summons has occasioned Qound to the uood behaviour, soe as the complaining of a wrong done one does, under Mr. Cranfield's management, but draw a new purt» ishmem on the afflicted, but noe manner of redress.
AH \v inch the said Nath. VVeare humblv lays at your majesty's feet, imploreing your majesty's present heareing what your petitioner is able to ma&e out of the premises, and ordering some commission to examine the truth of the residue of the said allegacons (since your majesty's gov- ernor on the place will not admit of such evidence.) That on the return thereof your majesty's subjects in that province may find such reieife as to your princely wisdom shall seeme meete.
And that in the mean time Mr. Cranfieid be admonished not to exceed the bounds of his commission.
And your petitioner shall ever pray, &c.
No. XXXV.
Att the court at Hampton court,
This llth day of Juiy, 1684.
By the king's most excellent majesty and the lords of his majesty's most honourable privy councell.
UPON reading this day at the board the peticon and complaint of Na- thaniel Weare, inhabitant and planter in his majesty's province of New-Hampshire in New-England in America, in behaife of himselfe and others his majesty's loyal subjects and inhabitants and planters there?
340 APPENDIX,
whose names are subscribed to the fower peticons thereto annex! against Edward Cranfield esq. his majesty's governor thereof ;
His majesty was pleased to order that the said peticon and complaint be, and they are hereby referred to the right honourable the lords com- mittees of this board for trade and foreigne plantacons, who are to con- ' sider thereof and to report to his majesty att this board their opinion thereupon, and then his majesty will declare his further pleasure.
Philip Lloyd. A true coppie. [The two preceding papers arc in the hands of the Hon. President Weare.]
No. XXXVI.
Letter from the lords of trade to Governor Cran/i-
AFTER our hearty commendations to you. His majesty having re> ceived the petitions and complaints of divers of his subjects in- habitence and planters of Ne\v-Hampshier against you for certine ii uler procedinges alleged by them to bee had by you in the execi:- your commission and administration of justice : and it being ordered in councell that the said petitions and complaints bee examined and concid- ered by us that wee may report to his majesty our opinions, to the end his majesty's further pleasuer may 'be signified thereupon. Wee have there- fore herwith sent unto you copies of the said petitions and representations thut you may return your particular answer thereunto with all speed, and ee may the better distinguish the truth of what is aleaged or com- jd of, and of such defence as you shall be able to make. Wee doe think fitt that all persons whatsoever, have free libertye to depose upon oath what they know, and to take copies of all records in these or any other cases reiatinge to yourselfe, or the saide province, and that the said depositions bee taken in writinge by any member of the councell or jus- tice of the peace in that rnllony, whome you are duly to authorize there- iinto, and as we cannot beleve that you will put any restriction or dis- ,couragement whatsoever upon the takinge and transmittinge of all neces- sary proofs and records, attested by the proper officers for the clearinge of truth in the matters complained of, see we thinke it requisite that copies of all affidaves bee interchangeably delivered, to each party concerned as soon as they shall be taken, and so not doubtinge of your complyance herein wee bid you heartily farewell.
From the councell chamber in Whitehall this 23d day of July 1684. Your very loving friends
Radnor. Guilford. C. S. Halifax, C. P. S.
Craven. Rochester. Ernie. Godolphin,
L. Jenkins.
To our very lovingc friend Edward Cranfield esq. lieutenant governor and commander in chief of his majesty's province of New-Hampshier in New-England. A true copy,
William BlatlnvayL [This paper is in the council minutes ZdbookJ}
No. XXXVII.
At the court at Whitehall the 8th of April, 1 685.
By the king's most excellent majesty and the lords of his majesty's most honourable privy councill.
UPON reading a report from the right honourable the lords of the committee of trade and plantacons in the words following :
APPENDIX, 341
May it please your majesty,
Having received an order in council dated the 1 1th of July last, upon the petition and complaint of Nathanel Weare, inhabitant of your majesty's province of New-Hampshire in New-England, in the behalf of himselfe and others your majesty's subjects and planters there, against Edward Cranfield, Esq. your majesty's governor of that province, -whereby wee were directed to repoit our opinions upon the said complaint. Wee ciid accordingly transmit a copy thereof to the said Edward Cranfield, and upon receiving his answer, Sc hearing what the complainants could alleage and make out against him ; Wee find that the said Edward Cranfield >t pursued his instructions in reference to the propriety of soile which Robert Mason, Esq. claimes in that province, inasmuch as the said Edwarcl Cranfield by his instructions is directed that in case the in- habitants of Ne\v- Hampshire should refuse to agree with the said Mason, he should interpose and endeavour to reconcile ail, differences, which if he could not bring to effect he was then to send into England such cases fairly and impartially stated) together with his opinion, for your majesties determinacon ; whereas instead thereof he has caused courts to be held in New-Hampshire, and permitted titles of land to be decided there, and unreasonable costs to be allow 'd, without first representing the particular cases to your majastie. As to the complaint of his having raised the value of coins against the laws of the assembly there, wee are mosfc humbly of opinion that although it be your majesty's undoubted preroga- tive to set and determine the price and value of coynes within your do- minions, yet your majesty's governor ought not to have made any altera- tions therein without having received your majesty's special directions. All which wee humbly propose may be signified to him by your majes- ty's order, and that the differences depending between the said Robert Mason and planters in that pan of Xew. Hampshire may be at length de- cided. Wee further offer that William Vaughan, one of the complaynants attending this board, may have opportunity allowed him of appealing to your majestic within a fortnight from all verdicts and judgments given in New-Hampshire in his private case, upon hearing whereof and by the relation it has with others your majesty will be best able to judge of the right and title of the said Robert Mason to that part of the province of New-Hampshire aforesaid, and upon bringing the said appeale that all proceedings at law relating to the said title may forthwith cease until your majesty's further pleasure be knowne.
All which is nevertheless most humbly submitted.
ROCHESTER, ARLINGTON, HALIFAX, P. OXFORD, CLARENDEN, C. P. S. CHESTERFIELD. BEAUFORT,
Council Chamber, 27 March, 1§85.
HIS majestic in councill was graciously pleased to approve of the said report, and to order that his majesty's pleasure therein be signified to Mr. Cranfield accordingly. It was alsoe ordered that Mr. William Vaughan be allowed to appeale to his majestic within a fortnight from all verdicts and judgments given in his private cate in New-Hampshire, according to the said report. A true copy,
WM. BRIDGEMAN, £ The preceding paper is in the hands of the fan, firesid. Weare.]
342
No. XXXVIII.
AFTER our hearty comendaiions unto you, \vc have in obediercc to his majesty's commands, received and examined your answer to the complaint of Nathaniel Weare, inhabitant of his said province of New-Hampshire, in behalfe of himselfe and others his majesty subjects smd planters there, and having likewise heard what the said Wear could bring in evidence of the said complaints, and thereupon repoued our opinions to his majesty, Wee are comanded hereby to signifie unto you, that you have not pursued your instructions in reference to the propriety of the soyle which Robert Mason, Esq. claymes in the province of New- Hampshire, inasmuch as you were directed that in case the inhabitants of New-Hampshire should refuse to agree with the said Mason you should interpose, and endeavour to reconcile all differences, which if you could not bring to effect, you \vere then to send to his majesty Mich cases lake- }y and impartially stated, together with your opinion, for his majesty's de- termination ; in stead whereof you have caused courts to be he id in New-Hampshire, and permitted titles of land to be decided there, and •unreasonable costs to be allowed, without first representing the perticu- kr cases to his majesty. And yet although it be his majesty's undoubt- ed prerogative to set and determine the pi-ice and vallew of coyne with in his majesty's dominions, you have not done well in directing any alter- ations therein without his majesty's speciall order : In both which you have been wanting in your duty to his majesty. But that the chicle oc- casion of dispute that province may be removed, we are farther directed to acqiiint you that as to the differences depending between tue suid Robt. Mason and the planters, his majesty hath been graciously pleased by his order in council!, dat. the 8th of this instant April, to permit Wil- liam Vaughan, one of the complainants attending this hoard, to appeals to his majesty with in a fortnight tVum tne date of the said order from all the verdicts and judgements given in New-Hampshire in his private case, upon hearing whereof, and by the relation it has with others, his majesty will be best able to judge of the right and title of the said Robt. Mason to that part of the province of New-Hampshire : And his majesty doth likewi&e thinke fit that upon bringing the said appeaie by the said William Vaughan, ail proceedings at law relating to the said title doe forth with cease until his majesty's pleasure be known. Where- of you are to take notice and to govern your selfe accordingly. And so we bid you very heartily farewell. From the councill chamber at Whitehall, the 29th day 'of April, 1685. Your loving friends, (Signed) W. Cant. Bridgwater,
Guilford, C. S. Chesterfield,
Rochester, Sunderland,
Halifax, P. Craven,
Clarindine, C. P. S. Aylesbery, Beaufort, M idle ton,
Lindshy, Godolphan,
Arlington, J. Ernie,
Hunington, Geo. JaffreysC
^Directed to our loving friend Echv. Cranfield, Esq. lieut. governor and commander in chief of his majesty's province of New-Hampshire in N. England.
APPENDIX. 343
.No. XXXIX.
AFTER our hearty commendation : His majesty hath received the petition uru! appeaie of Wm. Vaug-han, inhabitant of New-Hamp- shire, from severall verdicts and judgments given against him in that province, which being referee! to us by his majesty's order in coimcill of the 29th of April last, that we should examine the allegations thereof, and make report of the same, with our opinion thereupon, \vee have ac- cordingly appointed to heare all parties concerned in tl\e severall cases therein contained, on the first Tuesday after midsummer day which shall be in the year 1686 : To which end we herewith send you a coppie of the said petition and appeale, which you are to communicate unto RobU Mason, esq and to all others whome it may concern, who are to take notice thereof, and to give their attendance at that time either by them- selves or by their agents sufficiently impowered by them, to answer the said appeaie, and to submit to such judgment hereupon as his majesty in council 1 shall be thought fitt. And you are likewise to permit all per- sons to have free accebse to, and take copies of all records with in that province relating to the matters in dispute, and to depose upon oath what they knov concerning the same, which depositions are to be taken in writing by any of the members of the councill or justices of the peace in that province, without any hinderance or discouragement whatsoever, in ©rder to' be transmitted unto us, for the clearing of truth in that appealed And so we bid you heartily farewell. From the councill chamber in Whitehall, the 22d day of May 1&85. Your loving friends,
Guilford, C. S. Rochester,
Halifax, Pr. Ciarindine, C. P. Sy
Ormond, Sunderland.
Lieut, gov. of New-Hampshire, or com-> mander in chieie for the lime being. ^
[The two preceding papers are in the possession of Jo/m Pcnhallowy Gsquire.
No. XL.
To the king's most excellent majesty.
The humble petition and address of your majesty's dutiful and loyal sub* jects inhabiting in the province of New-Hampshire in New- En gland,
[1635.] Most humbly sheweth,
THAT your majesty's loyal subjects of this province, had for more than fifty yeares been peaceably possessed of the lands lately challenged by Mr. Mason, and having found the same an utter desert and forest land, with excessive cost and hard labour reduced the same to a tollerable support of our selves and familyes and lately maintained the same with a vast expence of our estates and lives against the incursions of a barbarous enemy who had otherwise reduced the same to utter con- fusion.
That upon his late majesty's declaration and order for the settlement and government of this province, wee accounted ourselves happy for that therein we were by his said majesty's princely grace and favour, saved from the unreasonable demands which Mr. Mason might have made up- on us, by the limitations in the commission for government, wherein is was provided that the said president or governor for the time being, should use all methods by his good advice to settle and quiet the peopla
APPENDIX,
in the matter of Mr. Mason's title, -or otherwise impartially to state the case and report the same to his majesty, that a finall determination might, thereupon have been made by his majesty in councell, which if u been duly attended had we doubt not long since by your majesty's jus- tice and favour putt us into an happy estate of quiet and repose. , That notwithstanding his said majesty's command and limitation, t'u« said Mr. Mason hath been allowed to pursue many < .ji tarns, in
sevcrall suites and actions, wherein the government have taken to them- selves power of an absolute judgment without any re ;o the said commands and limitations, and with that excess and the said Mr. Mason sometimes tenn pounds, other times twenty I- costs, when damages have been sometimes not above two shillings, very seldom ten according to the orders and limitations abovesaid.
That the said Mr. Mason beyond and beside the said quit rents, and di- rectly against his majesty's order in the said commission, wherein the tenure of improved lands is assured to the ter-tenants upon payment of the said quitt rent, or otherwise as his majesty in councill should deter- mine, hath disposed or given away the fee to several persons of several lands which were longe before his challenge fenced and improv- others, to the great damage and injury of his majesty's good subjects, beside many other irregularities in the management of the government, to the greate oppression and destruction of trade within your majesty's province, and the utter impoverishing thereof.
That for the last two yeare's and upward dureing the whole manage- ment of Mr. Mason's suits at law against your majesty's subjects, there hath been generally one jury returned to serve ail the said issues with little alterations and almost constantly one foreman, (who for that end wee are apt to feare) was early complied with by Mr. Mason for all the lands in his owne possession formerly, with addition of several oiher lands to his owne promtt.
That notwithstanding your majesty's late gracious order, and inhibit- ing of any further procedure in the case of Mr. Mason's title, until the cause were brought before your majesty in councill, Mr. Walter Bare- foote who was left deputy governour, hath since the arrival of your majesty's commands permitted executions to be extended, and persons thereupon imprisoned in causes concerning the said Mason's title, with excessive and unreasonable costs and damages.
And lastly, whereas your nmjesty haih upon complaint made against the irregular proceedings done and suffered, been graciously pleased to permit Mr. William Vaughan, one of the principal inhabitants and mer- chants in this province, to take his appeale to your majesty in counciil for reliefs, against several! oppressive judgments, one whereof referrs to the title of his lands within this province holden in the same forme with the rest of his majesty's good subjects here, wee do with all humble grat- itude acknowledge your majesty's justice and favour herein and for that the pursuance and issue of the said appeale will therefore necessarily affect the whole province and be introductory to the determination of all Mr. Mason's challenge, wee have judged it our duty in most humble manner to prostrate ourselves at your majesty's feete, and have there* fore betrusted and fully impowered Mr. Nathaniel Weare one of the in- habitants of this your majesty's province our agent to lay before your rnajesty and most honorable privy council the. common
APPENDIX. 345
tton of your majesty's poo"e and distressed subjects in this province, who is fully instructed humbly to represent the same, and the arbitrary anci severe oppressions wee have laboured under, from which wee are well assured of reliefe by your majesty's most just and gracious determination, and to make an humble and entire submission of ourselves unto your majesty's pleasure, most humbly beseeching that wee may hence for- ,vard have our perfect and immediate dependence upon your majesty and the crown of England as well in the tenure of our lands as in the affairs of government, which gracious influence of your majesty is wily able to revive and restore this province to its former flourishing estata and growth, whereby we may at length be made serviceable to your most sacred majesty and the crovvne which wee are devoted to serve, re- solving therein to be exemplary to all other your majesty's subjects in the territory of New -England, and for which wee shall ever pray, 8cc. [Tins /ictfier is in the hands of the /ion. president Wcarel\
No. XLI.
At the court at Whitehall the 19th of November 1686. (L. S-) Present, The king's most excellent Majesty.
Lord Chancellor, E. of Plymouth,
Ld Treasurer, E. of Morray,
JLd President, E. of Micldleton,
Duke of Ormond, E. of Melford,
D. of Albermarle, E. of TyrconneU,
D. of Beauford, Viscount Stauronberg, Ld Chamberlain, Vise. Preston,
Earl of Oxford, Ld Bp of Durham,
E. of Huntington, Ld Arrundell of Wardour, E. of Peterborough, Ld Dartmouth,
E. of Craven, .Ld Dover,
E. of Powis, Mr. Chancellor of the exchequer,
E. of Nottingham, Mr. Chancellor of the Dutchy.
UPON reading this day at the board a report from the honble the lords of the committee of council for trade and foreign plantations, bearing date the 6th day of November instant, setting forth, that in obe« dience to his majesty's orders in council of the 25th of April 1685, and the 3d of July last, they have examined the appeal of Wm. Vaughan from a verdict and judgment given against him on the 6th day of November 1683, in his majesty's courts in New-Hampshire in New -En gland, at the suit of Robert Mason Esq. as proprietor of that province for certain lands and tenements in Portsmouth in the said province, and that they having heard the said Robert Mason and Nathaniel Weare attorney for the appellant and his council learned in the law, are humbly of opinion that his majesty be pleased to ratify and affirm the verdict and judgment aforesaid. ^
His majesty in council xvas pleased to approve of their lordships said opinion and report, and to order the said verdict and judgment given against the said William Vaughan on the sixth day of November 5683, in his majesty's courts in New-Hampshire in New -England, at the suit of Robt. Mason esq. as proprietor of that province, for certaine Jands «>nd tenements in Portsmouth in said province, be ratified and affirmed, and ihey are hereby ratified and affirmed accordingly.
WM, BRIDGEMAN, U t>
346 APPENDIX.
Veva copia, per Richard Partridge, clerk. Copy as on file in the case, Allen vs Waldron,
Exam, per Geo. Jaffrey, CI.
No. XLII.
jtfour letters or fieti^iona from John ffoxkim, commonly called Hakins^ one of th-? sachems of the Penacook Indians. [From the originals in the Recorder's office.']
Honour gouernor ray friend, May 15th, 1685.
'\7"OU niy friend I desire your worship and your power, because I \ hope you can do som great matters this one. I am poor and naked and I have no men at my place because 1 afraid a^lwayes Mohogs he will kill me every clay and night. If your worship when please pray help me you no let Mohogs kill me at my place at Malamake river cal- led Panukkog and Nattukkog, I will submit your worship and your pow- er. An<> now I want pouder and such alininishon, shatt and guns, because I have forth at my horn and I-plant theare.
This all Indian hand, but pray you do consider your
humble servant, JOHN HOGKINS.
Simon Detogkom, Peter 3 Robin,
Joseph x Traske, Mr. Jorge -f Roddunnonukgu?
King |l,Hary, Mr. Hope X Hoth,
Sam i Linis, John -f- Toneh,
Wapeguanat j], Saguachuwashat John a Canowa, Old Robin Jt, John x Owamosimminj
Mamanosgues 3 Andra, Natonill t Indian.
slnother from the same.
Honour Mr Governor, May 15, 1685.
NOW this day I com your house, I want se you, and I bring my' hand at before you I want shake hand to you if your worship when please then you receve my hand then shake your hand and my hand. You my friend because I remember at old time when live my grant father and grant mother then Englishmen com this country, then my grant father and Englishmen they make a good govenant, they friend allwayes, my grant father leving at place called Malamake rever, other name chef Natuk- kog and Panukkog, that one rever great many names, and I bring you this few skins at this first time I will give you my iriend. This all In* dian hand. {The rest as b.fore^ JOHN -f HAWKINS, Sagamor-
Another from the same. Please your worship,
I WILL intreat your matther you my friend, now this if my Indian he do you long pray you no put your law because som my Indins iooil, som men much love drunk then he no know what he do, may be he do mischief when he drunk if so pray you must let me kno\v what he do.>e bewise I will ponis him what he have done, you, you my friend if you desire my business, then sent me I will help you if i c«n.
Mr. JOHN HOGKINS*
APPENDIX. §47
Another from the same. Mr. Mason,
PRAY I want speake you a few words if your worship when pi-ease fcecause I come parfas [en purpose] I will speake this governor but he go away so he say at last night, and so far I understand this governor his power that your power now, so he speake his own mouth. Pray if you take what I want pray com to me because I want go horn at this day.
Your humble servant, May 16, 1685. JOHN HOGKINS, Indian sogmor.
No. XLIII.
Letter frem Ca/it. Hooke, advising of danger from the Indians. Capt. Barefoot, Sir,
THIS is to informe you that just now there cam to me a post, wherein I am fully informed that there is just ground to feare that the heathen have a souden desyne against us ; they havinge lately about Sacoe atfronled our English inhabitants there by thieatening of them, as alsoe by kiiiinge theyre doggs ; but more pertickularly in that on Friday, Saturday, and Lord's day last they have gathered all theyre come, and are removed both pack and packidge. A word to the wise is enough. The old proverb is, forewarned forearmed. Myself and rest in commission with us are fourihwith scttinge ourselves in a posture, and tomorrow our counsell meet for to consider what is needful to be done. Not els, beinge in great hast, butt remayn, Sir, your oblige eel servant, FRANCIS HOOKE,
Kittery, 13 Aug. 1685.
No. XLIV. Re/iort of fierzons sent to enquire into the above matter. (J\o date or sig~
nature.} To the honourable Walter Barefoot, Esq, and the coun.cell of Great?-
• Island. Gentlemen,
A CCORDINGE t© your command and order lo me, bearinge date the J\. 2d instant, I have to the utmost of my power observed every parti- cular. Upon our arrival there on Friday night they were all very cour- teous to us, and in the morninge my orders were read which was very- kindly received by them, and the reasons why they deserted the places where they usually abode among the English was,
1. That four Indians came from fort Albany lo the fort at Pennicooke and informed them that all the Mohawkes did declare they would kill all Indians from Uncas at mount Hope to the eastward as far as Pegypscut.
2. The reason of Natomtoamat, sagamore of Saco, departed his place was, because the same news was brought there as himself declared upon reading my orders at Pennicooke.
3. Natombamat, sagamore of Saco, is gone to carry the Indians downc to the same place where they were before departed from us, on Sunday morninge, and desired Capt. Hooke to meet him at Saco five days after.
4. Both sagamores of Pennicook, viz. Wannilanset and Mesandowit. the latter of which is come downe, did then declare they had no intention of war, neither indeed are they in any posture for war, beinge about ty men besides squaws and paposes.
APPENDIX.
5. Asking 'the reason why they did not come among the English as formerly, they answered they thought if the Mohawkes came and fought them and they should fly for succour to the English, that then the Mo- hawkes would kill all the English for harboiing them.
No. XLV.
Articles of peace agreed upon the eighth day of September, vi the year of our Lord 1685, between the subjects of his majesty king James the second inhabiting the provinces of New-Hampshire and Maine, and the Indians inhabiting the said provinces.
IT is agreed there shall be for the tuture a lasting peace, friendship and kindness between the English and the Indians, and that no inju- ry shall be offered by the one to the other.
That if any Eng'ishman doth any injury to an Indian, upon complaint tnade to any justice of tne peace the Englishman shall be punished, and the Indian shall have present satisfaction made him. And if any Indian doth an injury to the English or threaten to do any injury, the sagamore to whom tnat Indian doth belong, shall punish him in presence of one of the king's justices of the peace.
'{'hut n any oUier inuian shall dcsignc any mischief or harme to the English, the Indians inhabiting the aforesaid provinces shaH«give present notice thereof to the English, "and shall assist the English.
That so long as the aforesaid Indians shall continue in friendship with the English, they shall be protected against the Mohawks, or any others, and may freely and peaceably set downe by the English near any their plantations.
Robert Mason, Walter Barefoote,
Robert Elliot, Henry Green,
John Davis, Francis Hooke.
The mark of f" Mesandowit. The? mark -f- of Wahowah, alias Hopehood. The m?.rk 5- of Tecamorisick, alias Josias. The mark & of John Nomony, alias Upsawah The mark W of Umbesnowah, alias Robin.
Vve whose names are hereunto written do freely consent and engage ;r.ply and perform the within written articles as our neighbours have done, and do further engage as followeth :
Lastly, That the Indians shall not at any time hereafter remove from any of the English plantations with their wives and children before they have given fair and timely notice thereof unto the English, from whence they do so remove ; and in case the said Indians shall remove with their wives and children without such fair and timely notice given to the Eng- lish, that then it shall be taken pro confesso that the Indians do intend and deMgi>e war with the English, and do thereby declare that the peace is broken ; and it shall and may be lawful to and for the English, or any on their behalfs, to apprehend the said Indians with their wives and chil- dren, and to use acts of hostility against them until the sagamores shall make iuii satisfaction for all charge and damage that may arise thereby,
John Davis, Francis Hook?-. The mark of Netaiy.bcmet, sagan
• :ark x of Wishowah, alias Hopehood.
APPENDIX.
The mark ) of Ned Hig^on.
The mark 3 of Newcome.
Kancaroagus, alias John Hawkins, sagamore, signed this
instrument, 197ber, 1685, his G mark. Bagesson, alias Joseph Traske, O his mark. And agreed to all within written,
Testis, JOSEPH RAYN.
No. XLVI.
Portsmouth, the 7th of Sept. 1687. To the much honred cort now sitting in said Portsmouth, for the pro»
uince of Newhampshir,
The humbel peiishon of William Houchins, on of his magesty sub- gicts belonging to said prouinc, humbly seweth for aduic, ade and re- leff in his deplorabell estat and condition.
THAT whereas it has plesed God to lay his hand uppon him, and that hee is in such a condition not being abell to help him selff, as to the geting a lining or proquering help or remedy for my distem- per, being low in the world, and hauing useed all the menes and aduic posabeil for nere fine years past ; hauing bin informed by som that it is a distemper caled the 'king's euell*, so can not be qureed but by his mag- esty. Hulling littell or nothing in this world, if my tiff should go for it am not abell to trancsport my selff for England to his wiagesty for releff ; thareffbr humbly and hartly beg the help, ade and asistanc of this honred cort, that thay would so far commiserat my deplorabell condition as order som way ether by breff or any other way that youer honors shall think most meet to moue the harts of all cristen people with compation to be- sto somthing uppon mee, to trancsport mee for England, whar, God wil- ling, I intend forth with to goo iff posabeil, but without help not posa- beil. This humbly leuing my selff in the sad condition I am in, trust- ing in God and youer honors for help and aduice, subscrib youer por de- piorabell saruant, WJLLEAM HOUCHINS.
* This petition is inserted merely as a curiosity. I was a received ofiin* ion in that day that the distemper called the king's evil could be cured only by the royal touch. The following advertisement taken from an old Lou* 4on gazette is of the same nature.
" These are to give notice^ that the ID eat her growing warme, his majesty •will net touch any more for the evil till towards Michatlmass. And his majesty's chirurgeons desire to prevent his majesty being defrauded, th&t greater care be taken for the future in n-ghtring certificates given t9 such as come to be touched" London Gazette May 29, 1682.
No. XLV1I. yf letter from Secretary dddington to Major Waldron, apprizing him of
his danger from the Indians.
[The original in the hands of the hon. Thomas Westbrook Waldron.^ Honble Sir, Boston. 27 June 1689.
THE governor and councill haveing this day received a letter from Major Henchman of Chelmsford, that some Indians are come in* to them who report that there is a gathering of some Indians in or about Pcnecooke, with designe of mischiefe to the English. Among the said Indians one Hawkins is said to be a principle designer, and that they
350 APPENDIX.
have a particular designe against yourself and Mr. Peter Coffin, \ the councill thought it necessary presently to dispatch advice thereof to give you notice, that you take care of your own safeguard, they intending to endeavour to betray you on a pretention of trade.
Please forthwith to signify the import hereof to Mr. Coffin and others as you shall thinke necessary and advise of what informations you may at any time receive of the Indians motions. By order in councill,
ISA. ADD1NGTON, Secy. For Major Richard Waldren and Mr. Peter 1
Coffin, or either of them att Cochecha ; t
these with all possible speed. J
No. XLVIII.
Copy of an address of the general court to Queen Anncy JDcccm. 6, 170$,
[Council Minutest]
To the queen's most excellent majesty.
The address of your majesty's most dutiful and loyal subjects, the gov- ernor, council, and representatives of your majesty's province of New- Hampshire in New-England, convened in general assembly,
Most humbly sheweth,
riniHAT in the midst of the great distresses, that your majesty's most JL dutiful and loyal subjects of this your majesty's province were in- volved in, by the frequent incursions of our ill neighbours the French of Canada and their dependent Indians, to the great hurt of our plantations and settlements, your sacred majesty has been pleased of your royal boun- ty and compassion to supply us with a number of cannon and stores for our defence, the receipt whereof has invigorated and encouraged us in the defence of our frontiers, and our marches against the Indians in their secret recesses in the woods, which are always and still successfully put forward by your majesty's governor for our security, to our perfect satis- faction.
That while we were thus defending ourselves and families, against the common enemy of the repose of all your majesty's British subjects in the plantations abroad as well as in Europe, we were pursued by the chal- lenge of Mr. Alien for the lands and soil under our feet, which we have this sixty years defended with our lives and estates, as well as the assist- ance of our good neighbours of your majesty's colony of the Massachu- setts, your majesty of your royal and princely regard to us has dismissed that challenge, which will forever encourage us to our utmost power to defend this your majesty's province, since we may now hope to leave our children in the possession of the country, with an entire dependance up- on your majesty and your royal successors without the danger of any further unjust challenge from those persons that have so long disturbed us with their claims.
And whereas your majesty out of a gracious regard to this and other vour provinces in these parts of America, was pleased to form a design against the French settlements at Canada and Nova-Scotia the last sum- mer, but a more important service in Europe requiring your majesty's ibrces which were intended hither, whereby that design is laid aside for the present ; we most humbly pray your majesty that it may consist with your royal pleasure to revive the said design, and that the expedition htely intended may be prosecuted seasonably the next spring ; and that
APPENDIX. 351
your majesty's arms in Ameiica may have a glorious success as in Eu- rope, to the utter confusion of your enemies, and lasting repose of all your majesty's good subjects inhabiting this continent.
We most humbly render our everlasting praises to Almighty God for your majesty's most glorious successes against the tyranny and usurpation of the French king and heartily pray for your majesty's long life and happy reign and the continuance of the protestant succession, for the benefit of your majesty's subjects of Great Britain, of all your majesty's dominions and plantations, and of all Europe who have had the unspeakable benefit of your majesty's unparalleled reign.
We are your majesty's most loyal and obedient subjects,
Mark Hunking, speaker. Signed in presence and by order of the House of Representatives.
Cha. Story, secretary. Signed in the presence and bf order of the Council.
Portsmouth, in New-Hampshire) 6th December, 1709.
END OF THE FIRST VOLUME.
o
DEPT. APR 21962
University of Toronto Library
DO NOT
REMOVE
THE
CARD
FROM
THIS
Acme Library Card Pocket LOWE-MARTIN CO. LIMITED