lltttti?r0ttij nf pttHburgli

"Darlington Memorial Library

Sook

THE

.WaLlAM ft WIARV DftRLIKCTOff ," MEMOr:!Ai. LIBRARY

HISTORY

N E W-HA M P S H I RE.

VOLUME I.

COMPREHENDING THE EVENTS 'OF ONE COMPLETE

CENTURY FROM THE DISCOVERY OF THE

RiVEP. PASCATAQUA.

By JEREMY B E L K N A P, A. M.

Menber of the American Philofophical Society held at Philadelphia for promoting iifeful Knowledge.

Tenlpus edax rerum, tuque mv'idiofa vetuj}a$

Omnia deftruitls : vitiataque dentibus evi

Paulatim lenta confumitis omnia marts,

Trlxc perjiant. Ovid,

PHILADELPHIA:

RINTED FOR THE AUTHOR BY ROBERT AITKEI,, IS I MARKET STREET, NEAR THE COFFEE-HOUSE,

M.DCc.Lx:^xiy.

A

f%,i

\

I DO certify, that on this l8th day of June, I784, a Book, in- titled, " The Hiftory of New-Hampjhirc, Vol. I. hy Jeremy Belknap," printed at Philadelphia by Robert Aitken, was entered according to Ad of AfTembly in the Prothonotary's office of Philadelphia county by Ebenezer Hazard, Efqiiirc, in behalf of the author.

J. B. SMITH, Prothoft

( "i )

PREFACE.

WHEN a new publication appears, fome prefatory account of the reafons which led to it, and the manner in which it has been conduced, is generally expected. '

The compiler of this hiftory was early Impel- led by his natural curiofity to enquire into the original fettlement, progrefs, and improvement of the country which gave him birth. When he took up his refidence in New-Hampfliire his en- quiries were more particularly directed to that part of it. Having met with fome valuable ma- nufcripts which were but little known, he began to extraft and methodize the principal things in them ; and this employment was (to fpeak in the ilyle of a celebrated modern author) his " hobby " horfe."

The work, crude as it was, being communicated to fome gentlemen, to whofe judgment he paid much deference, he wasperfuaded and encouraged to go on with his colleaion, until the thing be- came generally known, and a publication could not decently be refufed.

He owns himfelf particularly obliged to the public officers both in this and the neighbouring ftate of Maflachufetts., under the former as well as the prefent conftitutions, for their obliging at- tention in favouring him with the ufe of the pub- lic records or extradls from them. He is under

equal

IV

PREFACE.

equal obligation to a number of private gentlemen, who have either aduntted him to their o\vn col- lections of original papers or prociired fuch for him. In the courfe of his enquiry he has fre- quently had reafon to lament the lofs of many valuable materials by fire and other accidents : But what has pained him more feverely is the in- attention of fome perfons in whofe hands original papers have been depoiited, and who have fuffer- ed them to be wafted and deftroyed as things of no value. The very great utility of a public re- pofitory for fuch papers under proper regulations, has appeared to him iji the firongeft light, and he is perfuaded that it is an objedl worthy the atten- tion of an enlightened legiflnture.

The late accvirateand indefatigable Mr. Prince of Bofton, (under whofe miniftry the author was educated and whofe memory he fliall always re- vere; began fuch 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 paftor, and it was depofited with a library of ancient books in an apartment of their meeting-houfe. To this collection, the public are obliged for fome material hints in the pre- fent ^\^ork, the author having had frequent accefs to that library before the commencement of the late war. But the ufe which the Britilh troops in 1775 made of that elegant building having proved fatal to this noble collection of manufcriptsj the friends of fcience and of America muft de- plore the irretrievable lofs. Had we fuffered it by the hands of Saracens, the grief had been iefs poignant !

Hiftorians have mentioned the affairs of New- Jlampfhire only in a loofe and general raannei-.

Neale

PREFACE.

Neale and Douglas, though frequently ei*i-oneous, have given fome hints, which by the help of ori- ginal records and other manufciipts, have in this work been carefully and largely purl'ued. Hutch- infon has faid many things which the others have omitted ; his knowledge of the antiijuities of the country was extenfive and accurate, and the pub- lic are much obliged by the publication of his hiftory •, but he knew more than he thought pro- per to relate. The few publications concerning New-Hampfhire are fugitive pieces divfbated by party or inter.ft. No regular hiftorical deduc- tion has ever appeared. The late Mr. Fitch of Portfaiouth made a beginning of this fort about the year i 728 : From his papers feme things have been collected which have not been met with elfe- where. The authorities from v.'hich information is derived are cai-efully noted in the margin. Where no v/ritten teftimonies could be obtained, recourfe has been had to the moft authentic tra- dition, felecled and compared with a fcrupulous attention, and with proper allowance for the im- perfection of human memory. After all, the critical reader will doubtlels find forne chafms which in fuch a work it would be improper to fill by the help of imagination and conjeclui'e.

The author makes no merit of his regard to truth. To have difguifed or mifreprefented fails \vould have been abufing the reader. No perfon can take more pleafure in detecting miftakes than the author in correcting them if he fhould have opportunity. In tracing the progrefs of ccntro- verfy it is impoflible not to take a fide, though we are ever fo remote from any perfonal interefl in it : Cenfure or applaufe will naturally follow |he opinion we adopt. If the reader fhould hap-

pea

*1

PREFACE.

pen to entertain different feelings from the writer, he has an equal right to indulge them ; but not at the expence of candor.

The Mafonian controverfy lay fo direftly in the way that it could not be avoided. The rancour fliewn on both iides in the early ftages of it has now fublided. The prefent fettlement is fo ma- terially connected with the general peace and wel- fare of tlie people, that no wife man or friend to the country can at this day wifh to overthrow it.

Mr. Hubbard, Dr. Mather and Mr. Pen- hallow have publifhed nai'ratives of the feveral Indian wars : Thefe have been compared with the public x'ccords, with ancient manufcripts, with Charlevoix's hiftoiy of New-France, and with the verbal traditions of the immediate fufferers or their defcendants. The particular incidents of thefe wars may be tedious to ftrangers, but will be read with avidity by the pofterity of thofe whofe misfortunes and bravery were fo confpicu-^ ous. As the characSler of a people muft be coU levied from fuch a minute feries, it would have been improper to have been Icfs particular.

The writer has had it jn view not barely to rci- late fadts, but to delineate the chara£lers, the paf- fions, the intcrefts and tempex's of the perfons who are the fubjedls of his nai'ration, and to defcribc the mofl ftriking features of the times in which they lived. How far he has fucceeded, or where- in he is defeftive, mull be left to the judgment of every candid reader y to which this work is moft refpe6lfully fubmitted.

Vovsr, June i, 1784,

CON.

( vii )

CONTENTS,

CHAP. r.

T\ISCOVERY of the country. Efiablijhment of the council of Plymouth. Their grants to Mafon and others. Beginning of the fettlements at Portfmouth and Dover. Whelexvrighfs In- dian pur chafe. Neale's adventures. Difcourage- ments. Dijfolution of the council. Mafon's death. Caufes of the failure of his enter prize.

Page I.

II. Troubles at Dover, Settlements of Exeter and Hampton. Story of Underhill. Defertion of Mafon^s tenants. Combinations at Portfmouth and Dover. Union of New-HatnpfJjire with Majfachifetts. 3 Z

III. Obfervations on the principles and conduEl of the frji planters of New-England. Caufe of their remsval. Their religious fentiments. For- titude. Care of their pofierity. Jujiice. Laws, Principles of government. Theocratic prejudices. Intolerance and perfecutions, 60

IV. Mode of government under Majfachufetts. Mafon^s efforts to recover the property of his ancefior. TranfaBions of the king's commifjion- ers. Oppofition to them. Internal tranfaSiions. Mafon difQQur aged. 100

v. Remarks

viji CONTENTS.

V. Remarks on the temper and mminers of the In- dians, The jirji general "war with thenij called Philip" s "war. ' I 20

VI. MaforCs renewed efforts. -Randolph's miffton and tranfaElibns. ylttempts for the trial of MafoJi's title. Nc-vo-HampJJnre feparatedfrom ' Maffachitfetts and made a royal province. Ab-

Jlra6i of the commijfion. Remarks on it. 1 64

VII. The adminifi ration of the jirfl council. Mia- fan's arrival, Oppofition to him. His departure^

State of trade and navigation. 175

VIII. The adminiji ration of Cranjield. Violent mea-^ fires. Infir regions. Mafon^s fuits. Profe^ ciition of Moody and Vaiighan. Arbitrary mea- fiires. Complaints. Tumults. Wearers agency in England. Cravf.eld' s removaL Baref octets adm in if rat ion . 188

IX. Adminif ration of Dudley as preftdenty and Androffe as governor of N^eiv- England. Mafon^s

further attempts. His difappciniment and death. Revolution. Sale to Allen. His commiffion for the government. 11^

X. The war with the French and IndianSy com- vionly called King William^s war. 242

XI. The civil . affairs of the province during the adminiflrations of Ufiery Partridge, Allen, the Earlof Bellamont and Dudley, comprehending the whole controverfy with Allen and his heirs. 288

XII. The war with the French and Indians, called ^leen Anne's war. Conclufion of Dudlef s and Ulher's adminijiration. 329

Appendix,

CHAP.

CHAP. I.

Difco'very of the country. EJlahliJhment of the Council of Plymouth. Their Grants to Mafon and others. Beginning of the fettlements at Portfmouth and Dover* Wheleivright^s Indianpur chafe, NeaVs adventures. Difcouragements. Diffo-^ lution of the Council. Mafon^s death* Caufes of the failure of his enter prize.

IT is happy for America that its difco- very and fettlement by the Europeans happened at a time, when they were emerging froiti a long period of ignorance and darknefs. The d^fcovery of the mag- netic needle, the invention of printing, the revival of literature and the reforma- tion of religion, had caufed a vaft alterati- on in their views, and taught them the true ufe of their rational and active pow- ers. To this concurrence of favourable caufes we are indebted for the precifion w4th which we are able to fix the begin- ning of this great American empire : An advantage of which the hiftorians of other countries almoft univerfaily are deftitute % their firft seras being cither difguifed by B fiaiort

1 HISTORYOF

fidton and romance, or involved in impe- netrable obfcurity.

Mankind do not eafily rellnquifli anci- ent and eftablillied prejudices, or adopt new fyflems of condud, without fome powerful attractive. The profped of im- mcinfe wealth, from the mines of Mexico and Peru, fired the Spaniards to a rapid conqueft of thofe regions and the deftruc- tion of their numerous inhabitants ; but ^ the northern continent, prefenting no fuch glittering charms, was negleded by the European princes for more than a century 1496. after its difcovery. No efredual care was w^-^-^ taken to fecure to themfelvcs the poiTeffi- uinaS o^ of fo extenfive a territory, or the ad- vantage of a friendly traffic with its na- tives, or of the fifhery on its coails ^ till private adventurers at a vail expence, with infinite hazard and perfevering zeal, efta- bliflied fettlements for themfelves, and thereby enlarged the dominions of their fovereigns.

Of the voyagers w^io vifited the nor- thern coaft of America, for the fake of its furs and fifh, one of the moft remarkable 1 61 A. ^'^^ Captain John Smith; who ranged the fhore from Penobfcot to Cape Cod, and in this route difcovered the river Pafcataqua; which he found to be a fafe harbour with

a rocky

^•^^rsJ

NEW-HAMPSHIRE. 3

a rocky fhore. He returned to England 1614. in one of his fliips, and there publifhed a v^-v^ defcription of the country, with a map of the fea-coaft, which he prcfented to Prince Charles, who gave it the name of New- smith's England. The other Ihip he left be- ^°''^2" hind under the care of Thomas Hunt, who decoyed about twenty of the natives on board and fold them for (laves at Ma- laga. This perfidious adtion excited a vi- olent jealoufy in the natives, and bitter- ly enraged them againfl fucceeding ad-* venturers. Two of thofe favages having found their way back as far as Newfound- land, then under the government of Cap- tain John Mafon, were reftored to their native country by his friendly interpofi- tion, and reported the ftrong difapproba- tion, which the Englifh in general enter- tained of the mifchievous plot by which they had been carried off. By this means, together with the prudent endeavours of Captain Thomas Dermer, and afterward of the Plymouth fettlers, tranquillity was prhncf' re-eftablifned betv/een the Indians and the SSIou. adventurers, which w^as tolerably preferv- cd for many years. However fond we ^"^-p- may have been of accufing the Indians of treachery and infidelity, it mull be con- feffed that the example was firft fet them B a by

bics with the Indi-

4 HISTORY OF

1 6 14. by the Europeans. Had we always treat- ^'^''"^ ed them with that juftice and humanity which our rehgion inculcates, and our true intereft at all times required, we might have lived in as much harmony with them, as with any other people on the globe. 1620. The importance of the country now ^"^""^"^ began to appear greater than before, and fome meafures were taken to promote its fettlement. A patent had been granted by King James in 1606, limiting the do- minion of Virginia, from the thirty-fourth, to the forty-fourth degree of northern la- titude; which extent of territory had been divided into two parts, called North and South Virginia. The latter was afligned to certain noblemen, knights and gentle- men of London, the former to others in Goi-gf s's Eriflol, Exeter and Plymouth. Thofe who Narrative, ^q^^q intcreftcd iu the northern colony, finding that the patent didnotfecure them from the intrufions of others, petitioned for an enlargement and confirmation of their privileges. After fome time, the j^i^y 2. king, by his fole authority, conftituted a council, eonfifting of forty noblemen, knights and gentlemen*, by the name of

" The

* The Duke of Lenox, Earl of Anindd,

Marquis of Buckingham, Bath,.

-'Hamilton, . Southampton,

Eail of Pembroke, — __» Salilbury,

N E W-H A M P S H I R E. 5

<* The council eftablifhed at Plymouth, in 1620. " the county of Devon, for the planting, '^■^^^'^ " ruling and governing of New-England, ^s copy " in America." They were a corporati- couiTfiics. on with perpetual fucceflion, by eledion of the majority ; and their territories ex- tended from the fortieth to the forty- eighth degree of northern latitude. This patent, or charter, is the foundation of all the grants that v\^ere made of the country of New-England. But either from the jarring interefts of the members, or their indlftinct knowledge of the country, or their inattention to bufmefs, or fome other caufe which does not fully appear, their affairs were tranfaded in a confufed man- ner from the beginning ; and the grants which they made were fo inaccurately de- fcribed, and interfered fo much with each other, as to occafion difficulties and con-

troverfies,

E21I of WarwicTc, Sir Allen Apfley,

Vifcount Haddington, . Warwick Heal,

LordZouchc, Hiehard Cotchmay,

Sheffield, John Bourgchierc,

Gorges. Nathaniel Rich,

Sir Edward Seymour, Edward Giles,

Robert Manfel, Giles Mompeflbn,

Edward Zouche, ThomasWroth, Knights.

Dudley Digges, Matthew SutclifTe,

^Thomas Roe Robert Heath,

Ferdinando Gorges, Henry Boiugchiere,

Fr^^icis Pophani, John Drake,

——John Brooks, Rawley Gilbert,

Thomas Gates George Chudlcy,

Richard Hawkins, Thomas Hammond,

• Richard Edsccombc, John Argall, Efqulrcs.

6 HISTORY 0¥

1620. troverfies, fome of which are not yet ^"""^^ ended.

Two of the moft active members of this council were Sir Ferdinando Gorges and Captain John Mafon. Gorges had been Hume. an officer in the navy of Queen Elizabeth, intimately conneded with Sir Walter Ra- leigh, of whofe adventurous fpirit he had alargefhare. After the peace which King James made in 1604, he was appointed governor of the fort and ifland of Ply- mouth in Devonfhire. While he refided there, Captain Weymouth, who had been employed by Lord Arundel in fearch of a north well: paflage, but had fallen fliort of his courfe and put in at Pemaquid, brought from thence into the harbour of Plymouth, five natives of America, three of vs^hom were eagerly feized by Gorges, and re- tained in his fervice for three years. Find- ing them of a tractable and communicative difpofition, and having won their affecti- ons by gentle treatment, he learned from them many particulars concerning their country, its rivers, harbours, iflands, fifh- cries and other products ; and the num- bers, force, difpofition and government of the natives ; and from this information he conceived fanguine hopes of indulging his genius, and making his fortune, by a tho- rough

N E W-H A M P S H I R E. -j

rough difcovery of the country. For this 1 620. purpofe he, in conjun£lion with others, g^^^^ ventured feveral (hips, whereof fome met ^-■^"'^••■''• with pecuUar misfortunes ; and others brought home accounts, which, though difcouraging to fome of his affociates, made him determine upon farther attempts, wherein his refolution and perfeverance were more con fpicuous than anyfohd gain. Thefe tranfadions "were previous to the eftabUihment of the council ; in foliciting which, Gorges v/as fo extremely active, that he was appointed their prefident, and had a principal fhare in all their tranfac- tions. Mafon was a merchant of London, but became a fea-officer, and, after the' ^* peace, governor of Newfoundland, where heacquired a knowledge of America5which led him, on his return to England, into a clofe attachment to thofe who were en- gaged in its difcovery ; and _upon fome vacancy in the council, he was eled:ed a member and became their fecretary ; be- ing alfo governor of Portfmouthin Hamp- ihire. Ele procured a grant from the coun- 1621. cil, of all the land from the river Naum- , "-^-^

If n ^ -\ March <;.

keag, [now Salem] round Cape Anne, to the river Merrimack ; and up each of thofe rivers to the fartheft head thereof; then TOcrofs over from the head of the one

to

\

Aug. 10.

8 HISTORY OF

1 62 1, to the head of the other; with all the ^^"""^ iflands lying within three miles of the eoaft. This diftrid was called Mariana. J ^22. The next year another grant was made, to Gorges and Mafon jointly, of all the lands between the 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 feveral merchants of London, Briftol, Ex- eter, Plymouth, Shrewfbury and Dorche- fter, who ftyled themfclves " The Com- " pany of Laconia,'* attempted the efta- blifhment of a colony and fifhery at the river Pafcataqua ; and in the fpring of the 1 521. following year fent over David Thomp- y^ fon, a Scotfman, Edward and William Hilton, fifhmongers of London, with a number of other people, in two divifions, furnifhed with all neceflaries to carry on their defign. One of thefe companies landed on the fouthern fliore of the river, at its mouth, and called the place Little- Harbour : Here they erected falt-works, and built an houfe which was afterward called Mafon-Hall ; but the Hiltons fet Up their ftages eight miles further up the river toward the northweft, on a n*tck of

land

4

N E W-H AMPSHIRE. 9

land which the Indians called Winnicha^ J 623.

hannat, but they named Northam, and u^i^^^'s

afterward Dover. Thompfon, not being ^^'^•

pleafed with his fituation, removed the next , /^ 2 4 fpring to an ifland in the Bay of Mafla- o-yC^ chufetts ; this the General Court after- . ,

. . , , . Prince s

ward confirmed to him and ft ill bears his AniiuU. name.

Thefe fettlementswent onbutflowlyfor feveral years, but the natives being peace- able and feveral other fraall beginnings being made along the coaft as far as Ply- mouth, a neighbourly intercourfe was kept up among them, each following their refpedtive employments of fiihing, tra- ding and planting, till the diforderly beha- viour of one Morton, at Mount Wollafton in the Bay of MafTachufetts, caufed an /r o . alarni among the fcattered fettlements as y.^-^ far as Pafcataqua. This man had, in defiance of the king's proclamation, made a pradice of felling arms and ammuniti- on to the Indians, whom he employed in hunting and fowling for him; fo that the Englifh, feeing the Indians armed in the woods, began to be in terror. They alfo apprehended danger of another kind; for Morton's plantation was a receptacle for difcontented fervants, whofe defertion weakened the fettlements, and who, be- ing

10 HISTORYOF

y.y-y>^

Prince's Annals.

1628. iiig there without law, were more formi- dable than the favages themfelves. The principal perfons of Pafcataqua there- fore readily united with their neighbours, in making application to the colony of Plymouth, which was of more force than all the reft, to put a ftop to this growing mifchief ; which they happily effected by feizing Morton and fending him prifoner to England.

1629. Some of the fcattered planters in the ^■'"'^^ Bay of Maffachufetts, being defirous of

making a fettlement in the neighbour- hood of Pafcataqua, and following the ex- ample of thofe at Plymouth, who had purchafed their lands of the Indians, which they confcientioully thought ne- ceffary to give them a juft title, procured May 17- a general meeting of Indians, at Squam- fcot falls, where they obtained a deed from Paflaconaway Sagamore of Pena- cook, Runnaawitt of Pantucket, Wah- angnonawitt ofSquamfcot, and Rowls of Newichwannock: wherein they exprefs their * defireto have the Englilh come and ' fettle among them as among their coun- * trymen in Maffachufetts, whereby^ they ' hope to be ftrengthened againft their ' enemies the Tarrateens; and according- ' ly ivith the univerfal confent of their

*■ fuhje^s^

N E W-H A M P S H I R E. ii

^fubjeSis^ for what they deemed a valua- 1629.

* ble confideration in coats, fhirts and '""^^^

* kettles, fell to John Whelewright of the ■* Maffachufetts Bay, late of England, mi-

* nifter of the gofpel, Auguftine Story [or ' Storer] Thomas Wight, William Went- ^ worth, 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 Merrimack river; and up " faid river to the falls at Pantuckct; and *' from thence upon a north vvefl: line, *' twenty Englifh miles into the v^^oods ; I'' and from thence upon a ftrait line north- " eaft, till it meet with the main rivers ^* that run down to Pantucket falls, and *' Newichv\^annock falls aforefaid*; the ** faid rivers to be the bounds from the *' thwart or head line to the aforefaid " falls, and from thence the main chan- " nel of each river to the fea to be the ^' fide bounds ; together with all the iflands ^* within the faid bounds; as alfg the ifles

of

• The NV/ line liere flefcribed will end witiiin the townfhip of Amherrt ; and the NE line from thence aill crafs llie river Merri- mack about AtRufkeeg fails; and pafling through Ciieiltr, Not- tingham, Harrington and Kocheflcr will ftrike Newichwannock rirer abuut ten miles above the Salmon falls.

12 HISTORY OF

1629. " of fhoals fo called." The conditions

K^^v^J

of this grant were, ' that Whelewright ' fliould within ten years, begin a plan- ' tation at Squamfcot falls; that other in-

* habitants fhould have the fame privi- ' leges with him; that no plantation Ihould

'■' ' exceed ten miles fquare; that no lands

* fhould be granted but intownfhips; and

* that thefe fhould befubjedto thegovern-

* ment of the MafTachufetts colony, until

* they fhould have a fettled government

* among themfelves; that for each town-

* fliip there fliould be paid an annual ac- ' knowledgementof "one coat of trucking " cloth," to Paffaconaway the chief Sag-

* amore or his fuccelTors, and two bufh- ' els of Indian corn to Whelewright and ' his heirs. The Indians referved to them-

* felves free liberty of fifhing, fowling,

* hunting and planting within thefe limits.* The principal perfons of Pafcataqua and

M? c<|py the province of Maine were witnefTes to Court ^les. the fubfcribing of this inflrument, and giv- ing pofTefhon of the lands.

By this deed the Englifh inhabitants within thefe limits obtained a right to the foil from the original proprietors, more va- luable in a moral view, than the grants of any European prince could convey. If we fmile at the arrogance of a Roman Pontiff

in

NEW-HAMPSHIRE. 13

in affuming to divide the whole new world 1629. between the Spaniards and Portuguefe, v.^v^-' with what confiftency can we admit the right of a king of England, to parcel out America to his fubjeds, when he had nei- ther purchafed nor conquered it, nor could pretend any other title, than that fome of his fubje^ts were the firft Europeans who difcovered it, while it was in poflefTion of its native lords ? The only validity which fuch grants could have in the eye of rea- fon was, that the grantees had from their prince a permiffion to negotiate with the pofTeflbrs for the purchafe of the foil, and thereupon a pov/er of jurifdid:ion fubor- dinate to his crown.

The fame year Captain Mafon procured Nov. 7. 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 there- " of, and from thence northweftward until " fixty miles from the mouth of the har- '' hour were finifhed ; alfo through Mer- " rimack river, to the fartheft head there- " of, and fo forward up into the landweft- " ward, until fixty miles were finifhed ; " and from thence to crofs over land to j^/js ;„ fii„ " the end of the fixty miles accounted from courT""' " Pafcataqua river ; together with all

" iflands

14 HISTORY OF

" iflands within five leagues of the coafl." This trad of land was called New-Hamp- shire: It comprehended the whole of Whelewright's purchafe; and unlefs Ma- ' fon's intention was to fruftrate his title, it is difficult to affign a reafon for the pro- curement of this patent, as the fame land, with much more, had been granted to Gorges and Mafon jointly, feven years be- fore. If there was an agreement between them to divide the province of Laconia, and take out new patents from the coun- cil, in preference to the making a deed of partition ; it is not eafy to conceive why the weftern boundary fhould be contrad:-* ed to fixty miles from the fea, when the Gorges's lakes and river of Canada were fuppofed SeHca^p. 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 council had the preceding year included in their deed to the MafTachufetts company ; it is impoffible to account for the extenfion of New-Hampfhire to the river Merrimack, when the grant of Maf- fachufetts reached to " three miles north " of that river and of every part of it*."

The

« Mr. Hubbanl in !iis MS hiftcry fuy? " it iiath been affirmed by Mr. joflclyn, who fiift came over into New England on Cap- tain Mafoii's account, that there was an agreement made between

Mr.

NEW-HAMPSHIRE. 15

The weft country adventurers were not 1 630. lefs attentive to their intereft: for in the ^VT^^

_ ' March ij.

following 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 of the faid river up to " the falls of Squamfcot, and three miles " into the main land for breadth," was granted to Edward Hilton. This patent, fealed with the common feal of the coun- cil, and fubfcribed by the Earl of War- wick, fets forth, that Hilton and his alTo- ciates had at their ouun proper coft and charges tranfported fervants, built houfes and planted corn at Elilton's Point, now Dover, and intended the further increafe and advancement of the plantation. Wil- ms Copy Ham Blackilone, William Jefferies and tary office.' Thomas Lewis or either of them, were impowered to give pofieffion of the pre- -

• r I 0 ^ I«

miles ; '^

Mr. Mathew Cradock ^the firft Governor of the MafTachufetts company) and Captain John Mafon, that the bouuds of the Maf- Tachufetts fliould rtz.ch io three miles norlh-vard of Merrimack aud the remainder of the land betwixt that line and Pafcataqua river, ftiould be left for Captain Mafon's patent".

The commifllonersfent by Charles 11 101664, icportthat" Mr. Mafon had a patent for fome land about Cape Anne before the MafTachufetts had their firft patent; whereupon Captain Ma- fon and Mr. Cradock agreed that the MafTachufetts (hould have that land, which was granted to Captain Mafon about Cape Anne, and Captain Mafnn (hould have that land, -which was beyond Mer- rimack and granted to the Maffachu/ctts. This agrceinent was fent to Mr. Henry Jocelyn to get recorded at Bofton, but before he could have leifure to go there he heard that Captain Mafon was dead and therefore went not. Of, this he made affidavit, before the commiflioners". Hutch. Co!lt<3ion Papers, p. 433,

July 7-

i6

HISTORY O F

MS.

1 63 1 . nilfes ; which was done by Lewis and the ^^^^tkJ livery and feizin endorfedi Within thefe hmits are contained the towns of Dover, Durham, and Stretham, with part of Newington and Greenland. It was com- monly called Squamfcot patent, but fome-i- times Bloody-point patent, from a quar- rel between the agents of the two com- panies about a point of land in the river which was convenient for both; and there being no government then eftabliihed, the controverfy would have ended in blood, if the contending parties had not been perfuaded to refer the decifion of it to their employers.

The London adventurers alfo thought it prudent to have forne fecurity for the intereft which they had advanced, and ac- cordingly obtained a grant from the coun- cil, of " that part of the patent of Laco- " nia, on which the buildings and falt- " works were ereded, fituate on both " fides the harbour and river of Pafcata- " qua to the extent of five miles weft- " ward by the fea-coaft, then to crofs " over towards the other plantation in " the hands of Edward Hilton.'* The grantees named in this patent * were. Sir

Ferdinando

* Mr. Hubbard fays, that this patent was in the hands of fome gchtlemen at Portf'mouth when he wrote. I have fcen no copy of it but what is preferved in his MS hiltory. There is among the ancient files in the Recorder's office, an invoice of goods fcnt over in 163T, fubfcribed by all the above rtames, except tbfi laftj in whofe ftcad is lubfcribcd William Gyles.

Kovetn. 3.

llutch.vol. I. p. 3^6.

NEW-HAMPSHIRE.

FercUnando Gorges, Captain John Mafon, John Gorton, Henry Gardner, George Griffith, Edwin , Gay, Thomas Warner- ton, Thomas Eyre and EHezer Eyre, who, it is faid, had already expended three thoufand pounds in the undertaking. They were to pay forty-eight pounds per annum by way of acknowledgment to the prefident and council, if demanded. Captain Camocke, a relation of the Earl of Warwick, with Henry Jocelyn, who were then intending a voyage here were appointed to put the grantees in pofleffion* Within this patent are comprehended the towns of Portfmouth, Newcaftle, and Rye, with part of Newington and Greenland.

The whole interefl being thus divided into two parts. Captain Thomas Wiggen was appointed agent for the upper, and Captain Walter Neal for the lower plan- tation ; with him were affociated Ambrole Gibbons, George Vaughan, Thomas War- nerton'J Humphry Chadbourne and one Godfrie as fuperintendants of the feveral bufnieffes of trade, fifliery, falt-making, building and hufbandry. Neal relided at Little-Harbour with Godfrie who had the care of the fifhery. Chadbourne built an houfe at Strawberry-bank, which was cal- led the great hou/e, in which Warnerton C refided.

17 1631.

Hubbard's MS.

MS Let- ters.

it

HISTORY OF

1631.

MS in the Recordei's hks.

Gorgcs's Hia_. of A- mcrica, p. 47-

refided. Gibbons had the care of a faw- mill, and lived in a palifaded houfe at Newichwannock, where he carried on trade with the Indiana. He afterward re- moved to Sander's-point, where the ad- venturers gave him a fettlement for his faithful fervices. He was fucceeded at Newichwannock by Chadbourne, whofe pofterity are perfons of principal figure and intereft there at this day. The pro- prietors were alfo careful to provide for the defence of their plantations, and fent over feveral cannon which they directed their agents to mount in the moll conve- nient place for a fort. They accordingly placed them on the northeaft point of the Great-Ifland at the mouth of the harbour, and laid out the ground " about a bow- " (hot back from the water-fide to an high " rock, on which it was intended in time " to build the principal fort.'*

A great part of Captain Neal's errand was to penetrate the interior part of the province of Laconia, concerning which the adventurers had formed very fanguine expedations. It was defcribed as con- taining 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 many fruitful

iflands ;

N t W-H A M P S H I R E. 19

iflands; the air pure and falubrious; tlie 1631. country pleafant, having fomehigh hills; '^-'^'^'^^ full of goodly forefls, fair vallies and fer- tile plains; abounding in corn, vines, chefnuts, walnuts, and many other forts of fruit; the rivers well ftored with fifh, and environed 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 gam.e, and thefe iflands were fuppofed to be commodioufly fituat- ed for habitation and traffic, in the midft of a fine lake, abounding with the moft delicate fifh. No one who is acquainted with the interior part of the country in its wildernefs ftate, can forbear fmiling at this romantic defcription, penned in the true ftyle of adventurers : yet fuch an im- preffion had the charms of Laconia made '-^ on the minds of our firft fettlers, that Neal fet out on foot, in company with z- Jocelyn and Darby Field, to difcover thefe wv^* beautiful lakes, and fettle a trade with the Indians by pinnaces, imagining the dif- tance to be fhort of an hundred miles. In the courfe of their travels, they vifited the white mountains, which they defcrib- ed in the fame romantic ftyle, to be a C 2 ridge,

20 HISTORY OF

1632. ridge, extending an hundred leagues, on To'5Pl which fnow lieth all the year, and inac- rarities of ccjOTible but bv thc eullies which the dif-

New-Eng- J O

land. "^ Iblved 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 fur- ther end of this plain, a rude heap of malTy ftones, piled up on one another a mile high; on which one might afcend from ftcne to ftone, like a pair of wind- ing flairs, to the top, 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 vapor like a vaft pillar, 4rawn up by the fun-beams, out of a great lake into the air, where it was form- ed into a cloud. The country beyond thefe mountains northward, was faid to be ** daunting terrible," full of rocky P hills, as thick as mole-hills in a meadow,

and clothed with infinite thick woods. They had great expedation of finding precious ftones on thefe mountains; and iTubbaid's fomething refembling chryftal being pick- Ms liift. g^j ^p^ ^^g fufficient to give them the

name of the Chrystal-Hills. From

hence they continued their route in fearch

of the lake J till finding their provifion

% almoft

NEW-HAMPSHIRE. 21

almoft fpent, and the forefts of Laconia 1632.

yielding no fupply, they were obliged to ^^.^rvJ return when they fuppofed themfelves fo

far advanced, that " the difcovery wanted ^^^.^^^^^

" but one day's journey of beins: fi- Hid. of a.

J J J <-> menca, p.

«* nifhed*.'* 4S.

This expedition, being ended, was fuc- ceeded by one of another kind. The coaft was alarmed by the report of a pirate, one Dixy Bull ; who with fifteen others, be- Novemter. ing employed in the Indian trade at the ea{tward,had taken feveral boats and rifled the fort at Pemaquid. Neal, in conjunc- tion with the others, equipped four pin- naces and fhallops,manned with forty men, being all the force that both plantations could fpare, who, being joined by twenty more in a bark from Bofton, proceeded to Pemaquid; but contrary winds and bad weather obliged them to return without meeting the pirates, who made their way farther to the eaftward, and at length got to England ; where Bull met with his de- ferts. The company on their return hang- ed, at Richmond's illand, an Indian who An'naU had been concerned in the murder of an Englifhman.

The

* Mr. Hubbard, and after him Governor Hiitchinfon, place tliia difcovery of the While Hills in 1642. But as Neal hadpofaive or- ders to difcover the lakes, and tarried but three years in the coun- try, employing great part of his time in fcarching the woods, it is probable that Mr. Hubbard miftook one figure iu his date.

vol. a. p. 73- §3-

22 HISTORYOF

1633. The next year Neal and Wiggen joined

^^"-^^'^^^ in furveying their refpedive patents, and laying out the towns of Portfmouth and Northam, and another which was called Hampton, though no fettlement had been made there. They alfo agreed with Whelewright that the plantation which he had undertaken to make at Squamfcot falls, fhould 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 tranfadlion was

MS in Re- duly reportcd to them : foon after which

offi«" Neal returned to England.

From a number of letters thatpaffed be- tween the adventurers and Gibbons their fador, and which are yet preferved, it ap- pears 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 expences, as indeed they might with reafon ; for they had not only to pay wages to their colonlfts, but to fup- ply them with provifions, clothing, uten- fils, medicines, articles of trade, imple- ments

N E W-H A M P S H I R E. 23

ments for building, hufbandry and fifhing, 1633,

and to flock their plantations with cattle, ^^"""^^ fwine, and goats. Bread was either brought

from EnHand in meal, or from Virginia Pr'^ce's

o ' o ^ Annals,

in grain, and then fent to the wind-mill vol. z.p.

. 30. 70.

at Bofton, there bemg none erected here.

Very little improvement was made on the lands ; the lakes were not explored ; the vines were planted but came to nothing ; no mines were fouftd but thofe of iron, and thefe were not wrought ; three or four 'houfes only were built within the firft fe- ven years ; the peltry trade with the In- dians was of fome value, and the fifliery ferved for the fupport of the inhabitants; but yielded no great profit to the adven- turers, who received but inadequate re- turns in lumber and furs. They faw their intereft fmking apace, and grew difpirit- ed ; and the major part of them either re- linquifhed the defign, or fold their fhares to Mafon and Gorges, who were more fan-' guine than the reft, and became (either by purchafe or tacit confent-of the others) the principal, if not fole proprietors. Thefe gentlemen renewed their exertions with greater vigour, fent over a freili fupply of iS^A.^ fervants, and materials for carrying on the '^-^^ fettlement, and appointed Francis Williams their governor. He was a gentleman of

good

Bubljaid's MS Hilt.

44 HISTORY OF

1634. good fenfe and difcretion ; and fo very acceptable to the people, that when they combined in a body poHtic they continu- ed him at their head. 1^35* '^^^^ charter by which the council of ^-^•^^ Plymouth was eftablillicd, had been from the beginning difrelifhed by the Virginia company; who fpared no pains to get it revoked. Their applications to the king proved fruitlefs ; but^hen the parliament began to enquire into the grievances of Gorges's the uatiou, this patent was complained of ^''2T&44 ^^ ^ monopoly. Sir Ferdinando Gorges, being fummoned, appeared before them, and both in perfon and by his council de- fended it in a maflerly manner, but in vain ; for when the national grievances were prefented to the throne, the patent of New-England was the firft. The coun- cil alfo had got into difrepute with the high-, church party, for having encouraged the fettlementof the Plymouth and Maflachu- fetts colonifts, who fled from their perfe*' cutions. Thefe prejudices againft them, operating as difcouragements to their un- dertaking, induced the council to refign their charter to the king ; having previ- oufly taken care to fecure fome portion of the expiring intereft to fuch of themfelves as were difpofed to accept it. The fcheme

they

N E W-H A M P S H I R E.

they had in view was to divide their ter- ritory into twelve provinces, under as ma- ny proprietary governors, fubjed: 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 remain in the fervice of the country. But the fhip fell and broke in the launch- ing ; and their projed: not being fufEci- ently attended to by thofe in power, they were obliged to be content with fuch grants as they could make, of thofe diftrids, in- to which they had divided the country. That which was now made to Mafon comxprehended both his former patents, extending from Naumkeag to Pafcataqua, and fixty miles northweflward within the land, together with the fouth half of the Ifles of Shoals, and ten thoufand acres at Sagadahock ; faving to thofe already fet- tled within thefe limits, the property of their lawful grants on paying " fome " fmall acknowledgment" to the proprie- tor. This grant was dated the twenty- fecond of April*. In June following the

council

25

Hubbard's MS Hift.

File.5 of the Sup. Cour.

Hubbard's MS Hif^.

* Whether Capt. Mafon had his title conSrmed hj the k'uig after the furrcnder of tlie charter is a point that has been quefti- oned. I Ihi^ll here colle(ft what evidence I have met with on botli fides.

In a pamphlet publilhed in I72§, containing a detail of the

grants

26

HISTORY OF

Printed

State of AUcn's Ti- tle.

Doug. Summary, 1. 418. Hi ft. Maff. 1.317-

council furrendered their charter to the king ; and in September Gorges fold to Mafon a trad of land on the northeafl fide of the river Pafcataqua, extending three miles in breadth, and following the courfe of the river from its mouth to its fartheft head, including the faw-mill which had been built at the falls of Newichwannock. But death, which puts an end to the faireft profpeds, cut off all the hopes

Vvrhich

grants and tranfaftions of Capt. Mafon, it is Taid " K. Charles F. " by charter dated Aug, 19, 1635, gives, grants and confirms unto " Capt. John Mafon, then called treafiirer aiid paymal'ter of his ••army, liis heirs and affigns, all the aforcfaid tratlof iandgrant- *' cd to him by the council of Plymouth, by the name of the pro- *' vince of New-Hampfhire ; -with power of government, and as am- *' pie jurifdi<ftion and prerogatives as ufed by the hifliop of Dur- *• ham; creating him and hisaforefaids oi/''''''*''^ lords and proprietors •* of the province of New-Hamp(hire, with power of conferring " honours," &c. On this autiiority : I Aippofe) Douglas has af- fcrted the fame thing. On which H\itchinfon remarks " This is " not probable. His heirs were certainly nnacquaiuted with it, *' or they would have made mention of it before the king in coun- " cil in 1691," The report of the Lords Chief Juftices in 1677, wherein rhe fevcral grants are recited, makes no mention of this : But on the contrary it is faid, " As to Mr. Mafon's right of govern- " ment within the foil he claimed, their lordlhips, and indeed his " own council, agreed he haci none; the great councilof Plymouth, *' under whom he claimed, having rio power to transfer govern- •' nunt to any." The Lords of Trade in a report to the king in 1753, fay, " It is ailedged that this laft grant to Mafon was ratified " and confirmed I)y the crown, by charter dated Aug. 19, 1635, " with full power of civil jurifdiftion and government, but noftich •' charter as I'his appears upon record."

None of Mafon's heirs ever attempted to alTume goveritnient by virtue of fuch a charter, as the heirs of f^orges did in the province of Maine. Robert Mafon was appointed councellor by mandamus, and Samuel Allen, who purchafed the title, was governor by com- miifion from tiie crown.

There is an original letter in the Recorder's files, written by- George Vaughan to Ambrofe Gibbons, both fa£tors for the compa- ny of Laconia, April 10, 1636, long before any controverfy arofc on this point, which may give more light to it than any thing that has yet been publifhcd. 1 ihall give it a place in the Appendix.

N E W-H A M P S H I R E. 27

-which Mafon had entertained of aggran- 1635. dizing his fortune, by the fettlement of ^■^"^'^ New-Hampfhire. By his laft will, which he figned a few days before his death, he Nov. a6- difpofed of his American eftate in the fol- lowing manner, viz. ' To the corporation

* of Lynn Regis in Norfolk the place of « his nativity, he gave two thoufand acres ' of land in New-Hampfhire, fubjed to

* the yearly rent of one penny per acre to ' his heirs, and two fifths of all mines ' royal ; on condition that five families ' fhould within five years be fettled there- ' upon. To his brother in law John Wal- ' lafton, three thoufand acres, fubjed: to

* the yearly rent of one Ihilling. To his

* grandchild Anne Tufton, ten thoufand

* acres at Sagadahock. To Robert Tufton,

* his grandfon, he gave his manor of

* Mafon-hall, on condition that he Ihould ' take the firname of Mafon. He alfo ' gave to his brother Wallafton in truft, ' one thoufand acres for the maintenance ' of " an honeft, godly and religious '' preacher of God's word;" and one

* thoufand more for the fupport of a ' grammar-fchool ; each of thefe eflates ' to be conveyed to feoffees in truflv

* and their fuccefTors, paying annually

* one penny per acre to his heirs. The

' refidue

28 HISTORY OF

I ^3S* ' refidue of his eftate in New-Hampfhire ^y\^ « he gave to his grandfon John Tufton,

* he taking the firname of Mafon, and to ' his lawful ifTue; or in want thereof to ' Robert Tufton and his lawful ifTue; or

* in want thereof to Dodor Robert Mafon,

* chancellor of the diocefe of Winchcfter, ' and his lawful iifue; or, in want of fuch ' ifliie, to his own other right heirs for- ' ever; provided that it fhould not go out ' of the name of Mafon. The refiduary ' legatee was required to pay five hundred

* pounds out of this eftate to his fifter

* Mary, and all the grandchildren were ' to relinquifli their right to one thoufand *■ pounds due from this eftate to their fa-

* ther Jofeph Tufton.' The eftate in clurt £' •'^rn^rica was valued in the inventory at

ten thoufand pounds fterling.

The Maflachufetts planters viewed Ma- fon as their enemy, becaufe he with Gorges had privately encouraged fomc perfons whom they had cenfured and fent home, to petition againft them as difaff^ec- ted to the government; and had endea- voured to get their charter fet afide, to make way for the fcheme of a general governor*.

But

* Mr. Hubbard relates the following anectJotc, without meti- tionins the name ofthcperfon. *' One of the gentlemen who

" was

N E W-H A M P S H 1 R E. 29

. But though Mafon and Gorges had not 1 6^^,

v-orv>

Narrative, p. 49.

the fame religious views with the Mafla- chufetts planters, yet their memory de- ferves refped:. They were both heartily engaged in the fettlement of the country; they funk their eftates in the undertaking, and reaped no profit to themfelves; yet their enterprizing fpirit excited emulation in others, who had the advantage of im- proving their plans and avoiding their miftakes. Gorges accounted for the ill fuccefs of his adventures in the following manner, i. He began when there was corgcs's 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 profped, that he could fcarce procure any to go, much lefs to refide in it; and thofe whom he at length fent, could not fubfifl but on the provifions with which he fupplied them. 2. He fought not barely his own profit,

but

" was known to be one of the greatcft adverfaries to the affairs of " the MafTachuietts, fell fick and died. In his fickneis he fent " for the minider, and bewailed his enmity againft thern : and " promifed if he recovered, he would be as goor* a friend to New- •' England, as he had been an enemy; bin his t^tal hour being " come, his purpofes of that nature were cut off. The ;i?j<Iagc *' aforegoing was certified by letters from lord Say and otf crs to " the governor of New-England about the year l''<35 "

Governor Winthrop ha i the following r-mark in hij Journal, ♦' 1636. The laft winter Captain Mafon diea. .tie was Jk chief " mover, in all attemp.-s againrt us ; an.I was to Iiave fen\ the ge- " neral governor; and for this end was providing fhips. But the ** Lord in mercy taking him away, all the bufinefs fell on flcep."

^b HiSTORYOF

1635. but the thorough difcovery of the courl* ' ^ try ; wherein he went fo far (with thehel|) of his aflbciates) as to open the way for others to make their gain. 3. He never went in perfon to overfee the people whom he employed. 4. There was no fettled government to punifli offenders, or mifpenders of their mafters goods. Two other things contributed to the difap-^ pointment in as great, if not a greater de- gree than what he has affigned. The one was that inftead of applying themfelves chiefly to hufbandry, the original fource of wealth and independence in fuch a country as this; he and his aflbciates^ being merchants, were rather intent oji trade and fifliery as their primary objects* Thefe can not be profitable in a new country, until the foundation is laid in the cultivation of the lands. If the lum- ber trade and fifliery can not noM^ be car- ried on to advantage, without the conftant aid of hufl^andry in their neighbourhood, how could a colony of traders and fiflier- men make profitable returns to their em- ployers, when the hufl^andry neceflary for their fupport was at the diftance of Virginia or England ? The other miflake which thefe adventurers fell into was the idea of lordfliip, and the granting of lands

not

N E W-H A M P S H I R E. 31

not as freeholds, but by leafes fubjeft to 1635. quit-rents. To fettle a colony of tenants ^^^^^'^^ in a climate fo far northward, where the charges of fubfiftence and improvement were much greater than the value of the lands, after the improvements were made; efpecially in the neighbourhood of fo ref- pedable and growing a colony as that of Maflachufetts, was indeed a "chimerical projed:; and had not the wifer people among them fought an union with the MafTachufetts, in all probability the fet- tlements mull have been deferted.

CHAP,

32 HISTORYOF

CHAP. II.

Troubles at Do'uer. Settlements o/Exetef and Hampton, Rtiin of NLaforCs interejf* Story of Underhill. Combinations at Port/mouth and Dover. Union ofNeiso^ Hampjhire ivith Majfachufetts,

HILE the lower plantation on the river Pafcataqua lay under dif- couragement by the death of its principal patron, the upper fettlement, though car- ried 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 Shrewfbury; and there was an agreement that the divifion fhould be made by indif- ferent men. Captain Wiggen who was fent over to fuperintend their affairs, af- ter about one year's refidence in the coun- try made a voyage to England, to pro- cure more ample means for carrying on the plantation. In the mean time thofe of Briftol had fold their intereft to the lords Say and Broke, George Willys and William Whiting, who continued Wig- gen in the agency, and procured a confi- derable number of families in the Weft of England, fome of whom were of good

eftates,

N E W-H A M P S H I R E. ^3

eftates, and " of fome account for religi- 1633. " on," to come over and increafe the co- hu^^^I^-s lony. It appears from ancient records do^^^'rc- that V/Iggen had a power of granting ^ords. lands to the fettlers; but, as trade was their principal objed, they took up fmall 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 com- <

mand all the neighbouring Ihores, and af- ford a very extenfive and delightful pro- fped:. On the moft inviting part of this eminence they built a meeting-houfejwhich was afterward furrounded with an en- trenchment and flankarts, the remains of which are ftill vifible. Wiggen alfo brought over William Leverich, a worthy and able puritan minifter ; but his allowance from the adventurers proving too fmall for his fupport in a new country, where all the neceffaries of life were fcarce and dear, he was obliged to remove to the fouthward; and fettled at Sandwich in the colony of Plymouth. This proved an unhappy event to the people, who, being left de- ftitute of regular inftru«5lion, were expofed to the intrufions of artful impoftors.

The firft of thefe was one Burdet. He i634« had been a minifter at Yarmouth in Eng- ^''"^^^ land J but either really or pretendedly tak- ™''^';'(j'* D ing

34

HISTORY OF

1 634. ing offence at the extravagancies of the ^^'^^^ bifhops and fpiritual courts, came over to New-England, and joined with the church in Salem, who employed him for a year or two as a preacher, being a good fcho- lar and plaufible in his behaviour. But, difgufted with the ftridnefs of their dif-

1636. cipline, he removed to Dover; and con- ^•'''*'^ tinued for fome time in good efleem with

the people as a preacher ; until by artful infinuations he raifed fuch a jealoufy in their minds againft Wiggen their gover- nor, that they deprived him of his office^ and eled:ed Burdet in his place.

During his refidence here, he carried on a correfpondence with Archbifhop Laud

1637. to t^^ difad vantage of the Maflachufetts ^'-^'^'^'^ colony, reprefenting them as hypocritical

and difafFed:ed, and that under pretence of greater purity and difcipline in matters of religion^ they were aiming at indepen- dent fovereignty ; it being accounted per- jury and treafon by their general court, to fpeak of appeals to the king. The pre- i6%S. ^^^^ thanked him for his zeal in the ♦-^■v^ king*^s fervice, and alTured him that care fhould be taken to redrefs thofe diforders when leifure from their other concerns w^ould permit. This letter of the arch- bifliop was intercepted, and fhewn to the governor of Maflachufetts. Burdet's vil- lainy

N E W-H A M P S H 1 R E. ^s

lainy was confidered as the more atrocious, 1638.

becaufe he had been admitted a freeman of their corporation, and had tal^en the oath of fidelity. A copy of his own letter was afterward found in his clofet.

About this time, the Antinomian con- troverfy at Bofton having occafioned the banifhment of the principal perfons of that fe(ft, feveral of them retired to this fettle- ment, being without the jurifdidion of Maffachufetts. When this was known, Governor Winthrop wrote to Wiggen, Burdet and others of this plantation, 'that ' as there had hitherto been a good corre- ' fpondence between them it would be

* much refented if they fnould receive the

* exiles ; and intimating the intention of ' the general court to furvey the utmoft

* limits of their patent, and make ufe of

* them.' To this Burdet returned a fcbrnful anfwer, refufing to give the go- vernor his title. The governor thought of citing him to court to anfwer for his contempt ; but was diffuaded from it by Dudley, the deputy-governor, who judg- ed it imprudent to exafperate him, left he fhould avenge himfelf by farther accufmg them to their enemies in England. The governor contented himfelf with fending to Hilton an account of Burdet's behavi-

D 2 our.

L,/Vs^

36 HISTORY OF

1638. our, inclofing a copy of his letter, and ^^^v-s^ cautioning the people not to put them- feives too far under his power. His true ehara(5ter did not lonq; remain fecret ; for being dete<3:ed in fome lewd actions he made a precipitate removal to Agamenti- eus [now York] in the province of Maine, where he alfo alTumed to rule, and conti- nued a courfe of injuftice and adultery till the arrival of Thomas Gorges, their go- vernor, [in 164.0] who laid a fine on him, andfcized his cattle for the payment of it*. He appealed to the king, but his appeal not being admitted, he departed for Eng- land full of enmity againft thefe plantati- ons. When he arrived, he found all in confufion; and falling in with the royal- ifts was taken and imprifoned by the par- liamentary party, w^hich is the laft account we have of him.

One of the exiles on account of the An- tinomian controverfy, was John Whele- wrightjbrother to the famous Anne Hutch- infon. He had been a preacher at Brain- tree, which was then part of Bofton, and w^as a gentleman of learning, piety and zeal. Having engaged to make a fettle- ment within ten years, on the' lands he

had

* The records of the court mention him as " a nu*n of ill name "and fame, infamous for incontineucy." Lib. A. Sept. 8UJj X640.

cords.

N E W-H A M P S H I R :E. i,j

had purchafed of the. Indians at Squam- 1638. fcot falls, he with a number of his adhe- vy-vo rents began a plantation there, which ac- cording to the agreement made with Ma- fon*s agents they called Exeter. Having obtained a difmifTion from the church in Bofton*, they formed themfelves into a church ; and jud;.:ing themfelves without the jurifdidtion of Maifachufetts, they com- bined into a feparate body politic, and chofe rulers and affillants, who were fworn to the due difcharge of their office, and the Exeter rc- people were as folemnly fworn to obey them. Their rulers were Ifaac Grofle, Nicholas Needham, and Thomas Wilfon ; €ach of whom continued in office the fpace of a year, having two affiftants. The laws were made in a popular affembly and for- mally confented to by the rulers. Trea- fon, and rebellion againft the king, (who is ftyled " the Lord's anointed") or the country, were made capital crimes ; and fedition was punilhable by a fine of ten pounds, or otherwife, at the difcretion of the court. This combination fubfifted three years.

About

* The names (if thofe who were thns dirmiffed were, John Whelewright, Cluiftophcr Marfhall,

Richard Merrys, George Baytes,

Richard Bulgar, Thomas Wardell,

Philemon Purmot, WilHam Wardell.

Ifaac Grofle, (Bollon Chh. Ps.ecords).

38

1638.

Mafia. Re- cords.

Callcndcr's Ceiituiy Sei mon,

93-

MS of Mr. Gookin.

Mafia. Re- cords, Sep. 8, 1638.

HISTORY OF

About the fame time a plantation was formed at Winnlcumet, which was called Hampton. The principal inducement to the making this fettlement was the very extenfive falt-marfh, which was extreme- ly valuable, as the uplands were not cul- tivated fo as to produce a fufficiency of hay for the fupport of cattle. With a view to fecure thefe meadows, the general court of Maffachufetts had [in 1636] em- powered Mr. Dummer of Newbury, with John Spencer, to build an houfe there at the expence of the colony, which was to be refunded by thofe who fhould fettle there. Accordingly an houfe was built, and commonly called the Bound-houfe ; though it was intended as a mark of pof- feffion rather than of limits. The archi- ted: was Nicholas Eafton, who foon after removed to Rhode-Iiland, and built the firll Englifh houfe in Newport.

This entrance being made, a petition was prefented to the court by a number of perfons, chiefly from Norfolk in Eng- land, praying for liberty to fettle there, which was granted them. They began the fettlement by laying out a townfhip in one hundred and forty-feven fhares ; and having formed a church, chofe Ste- phen Batchelor for their minifter, with

whom

N E W-H A M P S H I R E. 39

whom Timothy Dalton was foon after af- 1 638. foclated. The number of the firft inha- ^'^"'^ bitants was fifty-fix*.

The authority of MafTachufetts having cRabhfhed this fettlement, they, from the beginning, confidered it as belonging to their colony. Though the agent of Ma- j^g j^^^^. fon*s eftate made fome objedion to their s[,'""c^y^j. proceeding, yet no legal method being fi'"- taken to controvert this extenfion of their claim, the way was prepared for one flill greater, which many circumftances con- curred to eftablifh.

After the death of Captain Mafon, his widow and executrix fent over Francis Anne Ma- Norton as her "general attorney;" to whom [e"s'and' Ihe committed the whole management of ms Dl-po- the eftate. But the expence fo far exceed- siiD."ciurs ed the income, and the fervants grew fo ^'"' impatient for their arrears, that Ihe was obliged to relinquifh the care of the plan- tation, and tell the fervants that they muft fhift for themfelves. Upon which they jOhared the goods and cattle. Norton drove above an hundred oxen to Bofton, and

there

• Some of their names arc mentioned in the Court Records, viz,

Stephen Batclieior, Thomas Molton,

Chriftopher Hulley, William Eftow,

Mary Hufley, widow, William Palaier,

Thomas Cromwell, WilHam Sergeant,

Samuel Skullard, Richard Swayne,

John Ofgood, William Sanders,

Samuel Greenfield, Robert Tuckc,

John Molton, John Crofs.

I

40 HISTORY OF

163S. 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 (killed in fawing planks and making potaihcs. Having ihared the ftockand other materials, fome of the peo- ple quitted the plantation ; others of them tarried, keeping pofleflion of the buildings and improvements, which they claimed as their own; the houfes at Newichwan- nock were burned ; and thus Mafon*s eftate was ruined. Thefe events happened be- tw^een 1638 and 1644.

Among the Antinomians who were ba- Hubbard's niflied from Bofton, and took refuse in

MSHifto- , r 1 • r^ ' X 1 tt

ry. theie plantations, was Captam John un-

derbill, in whofe ftory will appear fome very ftrong chara^teriftics 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 reputation in the town of

Prince's Bofton, that they had chofen him one of

Annals, ^ J

MS. their deputies. Deeply tind:ured with

Antinomian principles, and pofiefled of

ail

I

N E W-H A M P S H I R E. 41

an high degree of enthufiafm, he made a "iC^^S. capital figure in the controverfy; being ^^-v^ one of the fubfcribers to a petition in which the court was cenfured, with an indecent feverity, for their proceedings againft Whelewright. For this offence he was disfranchifed. He then made a voyage to England ; and upon his return petitioned 1637/^ '* the court for three hundred acres of land which had been promifed him for his former fervices, intending to remove after Whele- wright. In his petition he acknowledged his offence in condemning the court, and declared " that the Lord had brought him " to a fenfe of his fni in that refped, fo " that he had been in great trouble on ac- " count thereof.** On this occufion the court thought proper to queftion him concerning an ofFenfive exprellion, which he had uttered on board the fhip in which he came from England, " that the go- " vernment 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 paifenger with him, and whom he had endeavoured to feduce to his opinions. He was alfo queflioned for what he had faid to her concerning the manner of his receiv- ing

42 HISTORY OF

1638. ing aflurance, which was, " that having ^^^'"'^'^ " long lain under a fpirit of bondage, he . " could get no aflurance; till at length as " he was taking a pipe of tobacco, the " fpirit fet home upon him an abfolute " promifeoffree grace, with fuch aflurance *' and joy that he had never fmce doubt- " ed of his good eftate, neither fhould he, '' whatever fins he might fall into." This he would neither own nor deny ; but ob- jected to the fufficiency of a fingle tefti- mony. The court committed him for abufing them with a pretended retracStion, and the next day pafled the fentence of banifliment upon him. Being allowed the liberty of attending public worfliip, his enthufiaftic zeal brake out in a fpeech in which he endeavoured to prove " that " as the Lord was pleafed to convert Saul •' while he was perfecuting, fo he might *' manifeft himfelf to him while making a " moderate ufe of the good creature to- " bacco; profefling withal that he knew " not wherein he had deferved the cen- " fare of the court.'* The elders reprov- ed him for this inconfiderate fpeech; and Mr, Cotton told him, " that though God " often laid a man under a fpirit of bon- " dage while walking in fm, as was the " cafe with Paul, yet he never fent a fpi-

« rit

N E W-H A M P S H I R E. 43

*^ rit of comfort but in an ordinance, as 1638. " he did to Paul by the miniftry of Ana- ^^^^ *^ nias ; and therefore exhorted him to ex* '' amine carefully the revelation and joy " to which he pretended," The fame week he was privately dealt with on fuf- picion of adultery, which he difregarded; and therefore on the next fabbath was queflioned for it before the church ; but the evidence not being fufficient to con- vid: him, the church could only admonilh him,

Thefe proceedings, civil and ecclefiafli- cal, being finifhed, he removed out of their jurifdidion ; and after a while came to Dover, where he procured the place of governor in the room of Burdet. Gover- nor Winthrop hearing of this, wrote to Hilton and others of this plantation, in- forming them of his character. Under- bill intercepted the letter, and returned a bitter anfwer to Mr. Cotton; and wrote another letter full of reproaches againft the governor to a gentleman of his family, while he addreffed the governor himfelf in a fawning obfequious ftrain, begging an obliteration of former mifcarriages, and a bearing with human infirmities, Thefe letters were ail fent back to Hilton; but too late to prevent his advancement.

Being

44 HISTORY OF

1 639. Being fettled in his government, he pro-

\^r>r\J

cured a church to be gathered at Dover who chofe Hanferd Knollys for their mi- nifter. He had come over from Eng- land the year before ; but being an Ana- baptift of the Antinomian caft, v^as not well received in MaiTachufetts, and came here while Burdet was in office, who for- bad his preaching; but Underbill, agree- ing better vvath him, prevailed to have him chofen their minifter. To ingratiate him- felf with his new patron, Knollys wrote in his favour to the church in Bofton ; llyling him " The right worfhipful their honoured governor." Notwithftanding which they cited him again to appear be- fore them; the court granting him fafc condud;. At the fame time complaint was made to the chief inhabitants on the river, of the breach of friendfhip in ad- vancing Underbill after his rejection; and a copy of Knollys's letter was returned, wherein he had written that " Underbill " was an inftrument of God for their " ruin," and it was enquired whether that letter was written by the defire or confent of the people. The principal per- fons of Portfmouth and Dover difclaimed his mifcarriages, and exprelTed their rea- dinefs to call him to account when a pro- per

Sfy\J

N E W-H A M P S H 1 R E. 45

per information fhould be prefented ; but 1639. begged that no force might be fent againft him. By his inftigation Knollys had al- fo written to his friends in England, a ca- lumnious letter againft the Maflachufetts planters, reprefenting them as more arbi- trary than thehigh-comraiffion court, and that there was no real religion in the coun- try. A copy of this letter being fent from England to Governor Winthrop, Knollys was fo afhamed at the difcovery^ that ob- taining a licence, he went to Bofton ; and at the public lediure before the governor, magiftrates,minifters andthe congregaticn, made confeffion of his fault, and wrote a retradion to his friends in England, which he left with the governor to be fent to them.

Underbill was fo afFeded with his fi ietid's humiliation, and the difaffedion of the peo- ple of Pifcataqua to him, that he refolved to retrieve his character in the fame way. Having obtained fafe condud, he went to Bofton, and in the fame public manner ac- knowledged his adultery, his difrefped to the government and the juftice of their proceedings againft him : But his confef- fion was mixed with fo many excufes and extenuations that it gave no fatisfadion ; and the evidence of his fcandalous deport- ment

a6 H I S T O R Y O F

1639. ment being now undeniable, the churcK

'^""^^'^ pafled the fentence of excommunication, to which he feemed to fubmit, and appear- ed much dejedted while he remained there; Upon his return, to pleafe fome difaf- fedied 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 confidered his crimes and he promifed to refign his place if they Ihould difapprove his condud: ; but hear- ing that they were determined to remove him, he rufhed into court in a paffion^ took his feat, ordered one of the magi- ftrates 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 go-* vernor, Roberts, and fent back the prifon- er to Exeter.

1 6ao ^ ^^^ fcene of difficulty now arofe.

v^v-N^ Thomas Larkham, a native of Lyme in Dorfetfhire and formerly a minifter at Northam near Barnftable, who had come over to New-England, and not favour- ing the dodrine, nor willing to fubmit to the difcipline of the churches in Mafla-

chufetts.

N E W-H A M P S H I R E. 47

chufetts,came to Dover; and being a preach- 1 640. er of good talents, eclipfed Knollys,and raif- v^vn-/ ed a party who determined to remove him. He therefore gave way to the popular pre- judice, and fufFered Larkham to take his place; who foon difcovered his licentious principles by receiving into the church perfons of immoral characters, and affum- ing, like Burdet, the civil as well as ec- clefiaftical authority. The better fort of the people were difpleafed and reftored Knollys to his office who excommunicated Larkham. Thisbredariotin 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 Underbill, who was of Knollys's party to appear before them, and anfwer to a new crime which they had to alledge againft him. Underbill colled:ed his adherents; Knollys was armed with a piftol, and another had a bible mounted on an halbert for an en- fign. In this ridiculous parade they marched againft Larkham and his party, who prudently declined a combat, and fent down the river to Williams the go- vernor, at Portfmouth, for affiftance.

He

48 HISTORY OF

1640. He came up in a boat with an armed Kyy^ party, befetKnollys'shoufe where Under- hill 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 be- ing fined, were banifhed the plantation. The new crime which Larkham's party all edged againft Underbill was that he had been fecretly endeavouring to per- fuade the inhabitants to offer themfelves to the government of Maffachufetts, whofe favor he was defirous to purchafe, by thefe means, as he knew that their view was to extend their jurifdidion as far as they imagined their limits reached, when- ever they fhould find a favourable oppor- tunity. The fame policy led him with his party to fend a petition to Bofton, praying for the interpofition of the govern- ment in their cafe: In confequence of which the governor and affiftants com- mJffioned Simon Bradftreet, Efq. with the famous Hugh Peters, then minifter of Salem, and Timothy Dalton of Hampton, to enquire into the matter, and effed: a reconciliation, or certify the ftate of things to them. Thefe gentlemen travelled on foot to Dover, and finding both fides in fault, brought the matter to this ilTue, ,

that

N E W-H AMPSHIRE. 49

that the one party revoked the excom- 1640. munication, and the other the fines and ^-''wJ banifhment.

In the heat of thefe difputes, a difcovery was made of Knollys's failure in point of chaftity. He acknowledged his crime before the church; but they difmifled him and he returned to England, w^here he fuffered by the feverity of the long parliament in 1644; ^^^ being forbidden to preach Neai'sHid.

• 1 1 1 1 r Puritans,

in the churches, opened a leparate meet- 4tovoi. ir.

ing in Great St. Helen's, from which he ''' "^* was foon diflodged, and his followers dif-

perfed. He alfo fuffered in the caufe of Ncai'sHift.

^ r . . . r ' N.Engld.

non-conformity m the reign of King vol. i. p. Charles the fecond, and at length (as it is faid) died " a eood man in a o:ood old father's *' age." [September 19, 1691, Mt. 93.] Ub. 3-p-7-

Underbill having finiihed his career in thefe parts obtained leave to return to Bofton, and finding honefly to be the beft policy, did in a large aifembly, at the public leduf e, and during the fitting of the court, make a full confeffion of his adultery and hypocrify, his pride and contempt of authority, juftifying the church and court in all that they had done againft: him, de- claring that his pretended alTurance had failed him, and that the terror of his mind had at fome times been fo great, that he had E drawn

50 1640.

Prince's Annals.

TluhbarJ'fi

EIS Hift.

HISTORY OF

drawn his fword to put an end to his life. The church being now fatisfied, reftorcd him to their communion. The court, af- ter waiting fix months for evidence of his good behaviour, took off his fentence of banifhment, and releafed him from the punifhment of his adultery : The law which made it capital having been enad- ed after the crime was committed, could not touch his life. Some offers being made him by the Dutch at Hudfon's ri- ver, whofe language was familiar to him, the church of Bofton hired aveflel to trans- port him and his family thither, furnifh- ing them with all neceffaries for the voy- age. The Dutch governor gave him the command of a company of an hundred and twenty men, and he was very fervice- able in the wars which that colony had with the Indians, having, it is faid, killed one hundred and fifty on Long-Ifland, and three hundred on the Main. He conti- nued in their fervice till his death.

We find in this relation a ftriking in- ftance of that fpecies of falfe religion, which, having its feat in the imagination, inftead of making the heart better and re- forming the life, inflames the palTions, ftupifies reafon, and produces the wildefl: effed:s in the behaviour. The exceffes of

enthufiafm

NEW-HAMPSHIRE. 51

cnthufmfm have often been obferved to 1640. lead to fenfual gratifications ; the fame na- ^"""^^ tural fervour being fufficient to produce both. It cannot be ftrange that they who decry moraUty, fhould indulge fuch grofs and fcandalous enormities as are fufficient to invahdate all thofe evidences of th^ir religious character on which they lay fo much ftrefs. But it is not fo furprifmg that men fhould be thus milled, as that fuch frantic zealots fhould ever be reduced to an acknowledgment of their offences ; which in this inftance may be afcribed to the ftrid difcipline then pradifed in the churches of New-England.

The people of Dover and Portfmouth during all this time had no power of govern- ment delegated from the crown t but find- ing the necelfity of fomemore determinate form than they had yet enjoyed, combined themfelves each into a body politic after the example of their neighbours at Ex- 1

eter. The inhabitants of Dover, by a written inftrument, figned by forty one oao. 22. perfons, agreed to fubmit to the laws of England, and fuch others as fliould be enacted by a majority of their number, Hubh.ird's until the royal pleafure fliould be known. The date of the combination at Portfmouth is uncertain, their firft book of records E 2 having

MS Hin.

HISTORY O^

having been deftroyed [in 1652,] aftciT Poni^c, copying out what they then thought pro- per to preferve. "Williams, who had been fent over by the adventurers, was by annual fufFrage continued governor of the place, and with him were affociated Ambrofe Gibbons and Thomas Warnerton * in quality of affiftants. During this combi- nation, a grant of fifty acres of land for May 15. ^ glebe was made by the governor and in- habitants f to Thomas Walford and Hen^ ry Sherburne, church-wardens, and their fucceflbrs forever, as feoffees in trufl; Portf. Rcc. by virtue of which grant the fame land is ftill held, and being let on long leafesy a confiderable part of the town of Portf- mouth is built upon it. At this time they had a parfonage houfe and chapel, and had chofen Richard Gibfon for their par- fon, the patronage being vefled in the'

parifhioners.

• Warnerton had been a foMier. Upon the divifion of Mafon's flock and goods he carried his ihare to Penobfcot, or fome part of Nova-Scotia, where he was killed in a fray with the French inha- bitants. 1644. (Hubbard)

f This grant is fubfirrihed by

Francis Williams, Governor, ' Henry Taler,

Ambrofe GibboHS, Afliftant, John Jones,

William Jones, William Berry,

Renald Fernald, John Pickerin,

John Crowther, John Billing,

Anthony Bracket, John Wolten,

Michael Chatterton, Nicholas Row,

John Walt, Matthew Coe,

Robert Pndington, William Palmer.

Menry Sherburne, (Portfm: Ree:) John Laiiden,

N E W-H A M P S H I R E. 53

parifhioners. Gibfon was fent from Eng- 1 640. land as minifter to a fifhing plantation be- ^•-^'^^'^ longing to one Trelawney. He was " wholly addided to the hierarchy and ooT.win- " difcipline of England, and exercifed his joSSai, " minifterial function'* according to the ^^* ritual. He was fummoned before the court at Bofton for " fcandalizing the go- " vernment there, and denying their " title;" but upon his fubmiffion, they difcharged him without fine or punifh- ment, being a ftranger and about to de- part the country. After his departure the people of Portfmouth had James Parker * ^°^^^- ^^'^' for their minifter, who was a fcholar and had been a deputy in the MafTachu- fetts court. After him they had one Browne; and f Samuel Dudley a fon of

Deputy-

* Governor Winthrop gives tliis account of him and his rniniflry. (" 164a. 10 mo:) " Thofe of the lower part of Pafcataqua in- ^„ _ *' vited Mr. James Parker of Weymouth, a godly man, to be •'

*' their minifter. He by advifing with divers of the magi- " ftrates and elders accepted the call and went and taught among " them, this winter, and it pleafed God to give gr£at fuccels " to his labours fo as above forty of them, whereof the moft had " been very profane and fome of them profefTed enemies to the *' way of our churches, wrote to the m.agiftrates and elders, ac- " knowiedging the finful courfe they had lived in, and bewailing •' the fame, and blefling God for calling them out of it and ear- " neftly defiring that Mr. Parker might be fettled amongft them, " Moft of them fell back again in time, embracing this prefent *« world." He afterward removed to Barbadoesand there fettled. (vid Hutchinfon's coHeftion of papers, p. 155 and 2ZZ.) Hutchin- fon fuppofes him to have been minifter of Newbury, miftaking him for Thomas Parker.

f Dudley fettled at Exeter in 1650, and died there in 1683, Ml. 77. " He vas 9 perfon of good capacity and learning."

(Fitch's MS.)

54 HISTORY OF

1 640. Deputy-Governor Dudley ; but thefe were ^-^""^^ only temporary preachers, and they did not obtain the regular fettlement of a mir- nifter for many years.

Four diftind; governments (including one at Kittery on the north fide of the river) were now formed on the feveral branches of Pafcataqua. Thefe combi- nations being only voluntary agree- ments, liable to be broken or fubdivided on the firft popular difcontent, there could be no fafety in the continuance of them. The diftra^tions in England at this time had cut off all hope of the royal attention, and the people of the feveral fettlements were too much divided in their opinions to form any general plan of government which could afford a profped: of perma- nent utility. The more confiderate perfons among them, therefore thought it heft to treat with Maffachufetts about taking them . under their protection. That government

was glad of an opportunity to realize the conftru6tion which they had put upon the claufe of their charter wherein their nor- thern limits are defined. For a line drawn from eafi to weft at the diftance of " three *' miles to the northward of Merrimack ^' river and ofany and every part thereof,'^ ^ill take in the whole province of New-

Hampfhire,

N E W-H A M P S H I R E. 55

Hampfhire, and the greater part of the pro- 1 640. vince of Maine, fo that both Mafon's and '^^"^^^-^ Gorges's patents muft have been vacated. MafTa.Rcc. They had ah*eady intirnated their intention to run this eafi: and weft line, and prefum- ing on the juftice of their claim, they rea- dily entered into a negotiation w^ith the principal fettlers of Pafcataqua refped:ing their incorporation with them. The affair was more than a year in agitation, and 1041. was at length concluded by an inftrument April 14. fubfcribed in the prefence of the general court by George Willys, Robert Salton- ftall, William Whiting, Edward Holiock, and Thomas Makepeace, in behalf of themfelves and the other partners of the two patents; by which inftrument they refigned the jurifdidion of the whole to Maflachufetts, on condition that the inha- bitants ihould enjoy the lame liberties with their own people, and have a court of juftice ered:ed among them. The proper- ty of the whole patent of Portfmouth, and of one-third part of that of Dover, and of all the improved lands therein, was re- ferved to the lords and gentlemen propri- etors, and their heirs forever.

The court on their part confented that o<^'tober8. the inhabitants of thefe towns ftiould en- joy the fame privileges with the reft of the

colony.

56 tllSTORYOF

1 641. colony, and have the fame adminiftration ^"^^^^ of JQftice as in the courts of Salem and

Ipfwich ; that they fhould be exempted from all public charges, except what fhould arife among themfelves, or for their own peculiar benefit ; that they fhould enjoy their former liberties 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 commif- fioners named in this order fhould arrive at Pafcataqua. Thefe commiffioners were inverted with the power of the quarter courts of Salem and Ipfwich, and at their arrival they conftituted Francis Williams, Thomas Warnerton and Ambrofe Gibbons of Portfmouth, Edward Hilton, Thomas Wiggen and William Waldron of Dover, " magiftrates, who were confirmed by the general court.

1642. By a fubfequent order a very extraor- s^^tTs^ dinary concefiTion was made to thefe

towns, which fhews the fondnefs that government had of retaining them under their jurifdidion. A teft had been efta- blifhed by law, but it was difpenfed with in their favor ; their freemen were allowed to vote in town aflFairs, and their deputies

to

N E W-H A M P S H I R E.

to fit in the general court though they were not church-members.

The people of Dover being left defti- tute of a minifter by the fudden depar- ture of Larkham, who took this method to avoid the fhame which would have at- tended the difcovery of a crime fimilar to that for which Knollys had been dif- mifled, wrote to the MafTachufetts for help. The court took care to fend them Daniel Maud who had been a minifter in England. He was an honeft man, and of a quiet and peaceable difpofition, qua- lities much wanting in all his predeceffors. Larkham returned to England, where he continued to exercife his miniftry till ejeded by the ad; 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 1669. iE.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 pe- titioned the court, and were readily adroit- ed under their jurifdidion. William Wenborne, Robert Smith, and Thomas "\Vardhall were appointed their magiftrates;

and

57 1642,

Hubbard's

MS.

Math. Mas,

Calamy's account of ejected mi- ni fters, p, 346.

Sept. 8.

MafTa.Rcc

58 HISTORY OF

1642. and they were annexed to the county of

^^-'v^ Efl'ex. Upon this, Whelewright who was ftill under fentence of banifhment, with thofe of his church who were refolved to adhere to him, removed into the province of Maine, and fettled at Wells, where his.

Hiibbard's pofterity yet remain. He was foon after reftored, upon a flight acknowledgment, to the freedom of the colony, and remov- ed to Hampton ; of which church he was minifter for many years ; until he went to Engl and where he was in favor with Crom- well : But, after the refloration, he return- ed and fettled at Salifbury, where he died in 1680. ^ After his departure from Exeter, an at-

^_^,.^' tempt was made by the remaining inha- bitants to form themfelves into a church, and call the aged Stephen Batchelor to the miniftry, who had been difmiflTed from Hampton for his irregular condud. But

Maffa.Rec. the gcucral court here interpofed and fent them a folemn prohibition, importing "that

May 39. " their divifions were fuch that they could " not comfortably, and with approbation, " proceed in fo weighty and facred affairs," and therefore direding them " to defer ga- *' thering a church, or any other fuch pro- *' ceeding, till they or the court at Ipfwich, *' upon further fatisfadion of their recon-

" ciliation

N E W-H A M P S H I R E. 5^

«« ciliation and fitnefs, fhould give allow- 1644, ^nce therefor." ^^^

Such a ftretch of power, which would now be looked upon as an infringement of chriftian liberty, was agreeable to the principles of the firft fathers of New-Eng- land, who thought that civil government "was eftablifhed for the defence and fecu- rity of the church againft error both doc-^ trinal and moral. In this fentiment they were not fingular, it being univerfally adopted by the reformers, in that and the preceding age, as one of the fundamental principles of their feparation from the Ro- mifh church, and neceflary to curtail the claims of her Pontiff, who affumed a fu-^ prernacy over " the kings of the earth,' ■

CHAP,

6o HISTORY OF

CHAP. IIL

Ohfewations on the principles and conducl of the fiji planters of Neiv-England, Caufes of their removal. Their forti- tude. Religious fentiments. Care of their pojlerity. fuflice. Laivs. Theo- cratic prejudices, Intolerance and per- fecutions.

AN union having been formed between the fettlements on Pafcataqua and the colony of Maflachufetts, their hiftory for the fucceeding forty years is in a great meafure the fame. It is not my intention to write the tranfadtions of the whole co- lony during that period ; but, as many of the people in New-Hampfhire had the fame principles, views and interefts with the other people of New-England, I fhall make fomc obfervations thereon, and in- tcrfperfe fuch hiftorical faits as may illu- ftrate the fubjed:.

In the preceding century the holy fcrip- tures, which had long lain hid in the rub- bifh of monaftic libraries, were brought to public view by the happy invention of printing ; and as darknefs vanifhes before the rifmg fun, fo the light of divine truth

began

N E W-H A M P S H I R E. 6i

began to diflipate thofe errors and fuper- ftitions in which Europe had long been involved. At the fame time a remarkable concurrence of circumftances gave peculi- ar advantage to the bold attempt of Luther, to roufe Germany from her inglorious fubjedion to the Roman Pontiff, and ef- feduate a reformation^ which foon fpread into the neighbouring countries. But fd intimately were the political interefts of kingdoms and ftates blended with religious prejudices, that the work, though happily begun, was greatly blemifhed and im- peded.

Henry the Vlllth of England took ad- vantage of this amazing revolution in the minds of men, to throw off the papal yoke, and aflert 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 fuperintendency in fpirituals, as well as temporals, that he transferred to himfelf that fpiritual power which had been ufurped and exercifed by the bifhops of Rome, and fat up himfelf as fupreme head on earth of the church of England; commanding both clergy and laity in his dominions to fwear allegiance to him in this newly airumecl charader.

This

6i HISTORY OF

This claim was kept up by his fon and fucceflbr Edward the Sixth, inwhofe reign the reformation gained much ground ; ancj a fervice-book was pubUdied by royal au- thority as the ftandard of worfhip and dif- cipline for his fubjeds. This excellent prince was taken out of the world in his youth ; and his fifter Mary, who then came to the throne, reftoredthefupremacy to the pope, and raifed fuch fiery perfecu- tion againft the reformers, that many of them fled into Germany and the Nether- lands ; where they departed from that uniformity which had been eftabliilied in England, and became divided in their fen- timents and practice rcfpeding ecclefiafti- cal affairs : the native effed: of that juft liberty of confcience vv^hich they enjoyed abroad, purfuing their own enquiries ac- cording to their refpedive meafures of light ; uninfluenced by fecular power, or the hope of acquiring dignities in a natiri onal eftablifhment.

The acceffion of Elizabeth infpired them with new hopes ; and they returned home,' ' refolving to attempt the reformation of the church of England, agreeably to the re- fpedive opinions which they had embrac- ed in their exile. But they foon found that the queen, who had been educated in

the

N E W-H A M P S H 1 R E. 6j

the fame manner with her brother Ed- ward, was fond of the eftablifhment made in his reign, and was ftrongly prejudiced in favor of pomp and ceremony in reUgi- ous worfhip. She aiTerted her fupremacy in the moft abfolute terms, and ereded an high-commiffion court with jurifdidion in ecclefiaftical affairs. Uniformity being rigoroufly enjoined and no abatement or allowance made for tender confciences (though it was conceded that the ceremo- nies were indifferent) a feparation from the eftabliihment took place. Thofe who were defirous of a farther reformation from the Romifh fuperflitions, and of a more pure and perfedl form of religion were deno- minated Puritans ; whofe principles, as diflinguifhed from thofe of the other re- formers who were in favor with the queen, are thus reprefented.

" The queen and court-reformers heldy I. That every prince had the fole autho- rity to correct all abufes of dodrine and worfhip within his own territories. 2. That the church of Rome was a true church ^"' ?, p- though corrupt in fome points of doitrme and government ; that all her minifirati- ons were valid, and that the pope was a true bifhop of Rome though not of the univerfal church. ^. That the fcriptures

were

Ncal'sHin, Puritans,

^

HISTORY OF

were a perfed: rule of faith, but not a ftandard of difcipline ; and that it was left to the difcretion of the chriftian magiftrate^ to accommodate the government 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 proper flandard of church government and difci- pline ; and in fome reipeds better than that of the apoftles, which was only ac- commodated to the infant ftate of the church, while it was under perfecution ; whereas the other was fuited to the gran- i deur of a national eftabliihment. 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 magiftrate, and that in fuch cafes it was the duty of the fubjeQ: to obferve them."

" On the other hand, the puritans, I* Difowned all foreign jurifdidion over the church, but could not admit of that exten- five power which the crown claimed by the fuprcmacy. However, they took the oath, with the queen^s explication, as only reftoring her majefty to the ancient and natural rights of fovereign princes over their fubjeds. 2. They held the pope to be antichrift, the church of Rome a falfe

church,

N E W-H A M P S H I R E. 65

church, and all her miniftrations fuperfti- tious and idolatrous. 3. That the fcrip- tures were a ftandard of difcipline as well as dodrine, and if there was need of a dif- cretionary power, it was vefted not in the magiilrate but in the officers of the church. 4. That the form of government ordained by the apoftles was ariftocratical, and de- figned as a pattern to the church in after ages, not to be departed from in its main principles. 5. That thofe things which Chrift hath kft indifferent ought not to be made neceffary ; and that fuch rites and ceremonies as had been abufed to ido- latry and fuperftition, and had a manifeft tendency to lead men back thereto, were no longer indifferent but unlawful."

" Both parties agreed too well in avert- ing the neceffity of uniformity in public worfhip, and of ufmg the fword of the magiftrate for the fupport and defence of their refpedive principles; which they made an ill ufe of in their turns, whenever they could grafp it in their hands. The ftandard of uniformity according to the ^bifhops, was the queen's fupremacy and the laws of the land; according to the puritans, the decrees of national and pro- vincial fynods, allowed and enforced by the civil magiftrate. Neither party were F for

66 HISTORYOF

for admitting that liberty of confciencc and freedom of profefFion 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 werecaufed by the want of a juft dif- tincStion between civil and ecclefiaftical power, and by that abfurd zeal for uniform- ity, which kept the nation in a long fer^ ment, and at length burft out into a blaze, the fury of which was never thoroughly quelled till the happy genius of the revoluti-? on gave birth to a free and equitable tolerati- on, whereby every man was reftored to the natural right of judging and ading for himfelf in matters of religion. All the celebrated wifdom of Elizabeth's govern-? ment could not devife an expedient fo fuc- cefsful. Though her reign was long and profperous, yet it was much ftained with oppreflion and cruelty toward many of her beft fubjeds; who, wearied with ineffec- tual applications, waited the acceflion of James, from whom they expected more favour, becaufe he had been educated in the prefbyterian church of Scotland, and profeffed an high veneration for that eftar j^lifhment. But they foon found that he

had

N E W-H A M P S H 1 R E. 67

had changed his religious principles with his climate, and that nothing was to be ex- pelled from a prince of fo bafe a chara<fler, but infult and contempt.

In the beginning of his reign a great number of the puritans removed into Hol- land, where they formed churches upon their own principles. But not relifhing the manners of the Dutch, after twelve years they projected a removal to America, and laid the foundation of the colony of Plymouth. The fpirit of uniformity ftill prevailing in England, and being carried to the greateft extent in the reign of Charles the Firft by that furious bigot Archbifhop Laud ; many of the lefs fcrupulous, but confcientious members of the church of England, who had hitherto remained in her communion, feeing no profpe(3: of reft or liberty in their native country, follow- ed their brethren to Anxerica, and eftabliih- edthe colony of Maffachufetts, from which proceeded that of Connedicat.

By fuch men, influenced by fuch motives, were the principal fettlements in New-England effeded. The fortitude and perfeverance which they exhibited therein will always render their memory dear to their pofterity. To prepare for their enterprize, they had to fell their F 2 eftates,

68 HISTORYOF

eftates,fome of which were large and valu- able, and turn them into materials for a new plantation, with the nature of which they had no acquaintance,andof which they could derive no knowledge from the expe- rience of others. After traverfmg a wide ocean they found themfelves in a country full of woods, to fubdue which required immenfe labour and patience; at a vail diftance 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 falling fhort, they had the dreadful apprehenfion of perifliing by famine, one half of their number dying before the firft year was completed; the ocean on one fide feparated them from their friends, and the wildernefs on the other, prefented nothing but fcenes of hor- ror, which it was impoffible for them to conceive of before they endured them.

But under all thefe difficulties, they maintained a fteady and pious refolution ; depending on the providence of the fupreme ruler, and never repenting the bufmefs on which they had come into this v^^ildernefs. As purity in divine adminiftrations was the

profefTed

N E W-H A M P S H I R E. 69

profefled object of their undertaking, fo they immediately fet themfelves to form churches, on what they judged the gof- pel plan. To be out of the reach of pre- latic tyranny, and at full liberty to pur- flie their own enquiries, and worfhip God according to their confciences, (which had been denied them in their own country) was efteemed the greateftot bleffings, and fweetened every bitter cup which they were obliged to drink. They always profefled that their principal defign was to ere£t churches on the primitive model, and that the confideration of temporal intereft and conven-iency had but the fecond place in their views.*

In the doctrinal points of religion they were of the fame mind with their brethren of the church of England, as exprefled in their articles. The Maflachufetts planters left behind them, when they failed, a re- Hifi. vol'. fpedful declaration importing that they ' ^' "' ^' did not confider the church of England as antichriftian, but only withdrew from the

impofition

* " It concernetb New-England always to remember, that they •* are originally a plantation religious, not a plantation of trade, *' The profeflion of the purity of doftrine, worfhip and difcipline *' is written upon her forehead. Let merchants, and fuch as arc *' increafing cent per cent remember this, that worldly gain was *' not the end and deGgn of the people of New-England bnt religi- " on. And if any man among us make religion as twelve, and " the world as thirteen, fuch an one hath not thefpiritofa true •' New-England man." Higglnfon's £leaion Sermon, 1663.

7<J

HISTORY OF

impofition of unfcrlptural terms of com* munion. Some of the Plymouth planters had embraced the narrow principles of the Brownifts, the firft who feparated from the church of England ; but by the improve- ments which they made in religious know- ledge under the inftrudion of the renown- ed 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 pious, learned^ humble and benevolent divine, who feems to have had more of the genuine fpirit of the reformation, and of freedom from bi- gotry, than any others in his day. His farewell charge to thofe of his flock who were embarking in Holland for America deferves to be had in perpetual remem- Neai'sHift. brauce. " Brethren (faid he) we are now S>i.Lp^84. " 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 be- " fore God and his blefled angels that you " follow me no further than you have feen " me follow the Lord Jefus Chrift. If " God reveal any thing to you by any " other inftrument of his, be as ready to

" receive

NEW-H AMP SHIRE. 71

** receive it, as ever you were to receive ** any truth by my miniftry ; for I am " verily perfuaded, I am very confident, " the Lord has more truth yet to break ** forth out of his holy v^'^ord. For my " part, I cannot fufficiently bewail the con- *' ditionof the reformed churches, who are " come to a period in religion, and will " go at prefent no farther than the inftru- " ments of their reformation. The Lu- " therans cannot be drawn to go beyond " what Luther faw ; whatever part of his *' will our good God has revealed to Cal- " vin, they will rather die than embrace it* " And theCalvinifls you fee ftickfaft where , " they were left by that great man of God, " who yet faw not all things. This is a •' mifery much to be lamented; for though " they were burning and fhining lights in *' their times, yet they penetrated not in- " to the whole counfel of God ; but were " they now living, would be as willing to *' embrace farther light, as that which they ** at firft received. I befeech you to re- *' member it is an article of your church *' covenant. That you be ready to receive " nvhatever truth Jl-j all he made knoijon to " you from the ivritten ivordofGod, Re- " member that, and every other article of " your facred covenant. But I muft here-

withal

j2. HISTORY OF

" withal exhort you to take heed what " you receive as truth. Examine, con- *' fider and compare it with other fcrip- " tures of truth, before you receive it j for " it is not poffible the chriftian world " fhould come fo lately out of fuch thick " antichriftiandarknefs, and that perfedi- *' on 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 gene- rally fuch truly catholic and apoftolic prin- ciples.

Many of the firft planters of New- England were perfons of good education, and fome of them eminent for their abi- lities and learning. Such men could not but fee the neceffity of fecuring to their pofterity the advantages which they had fo dearly purchafed. One of their firft concerns was to have their children confidered, from their earlieft years, as fubjeds of ecclefiaftical difcipline. This became a matter of controverfy, and was largely difcuffed in fermons and pam- phlets, and at length determined by the au- thority of a fynod. A regular courfe of academical learning was a point of equal importance, and admitted of no difpute. They faw that the reputation and happi-

nefs

N E W-H A M P S H I R E. 73

nefs of the whole country depended great- ly upon it. They therefore took early care for the eftablifhment of fchools, and within ten years from their firft fettlement, founded a college at Cambridge*, which from fmall beginnings, by the munificence of its patrons, has made a diftinguifhed figure in the republic of letters. Many eminent men have there been formed for the fervice of the church and fl:ate ; and without this advantage the country could not have arrived, in fo fhort a time, at its prefent refpedable ftate ; nor have been furnifhed with men capable of filling the various ftations of ufefulnefs, and of de- fending our civil and religious liberties. • Though the firft planters derived from the royal grants and charters a political right as fubjed:s of the crown of England, to this territory ; 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 fatisfac- tionf. Nor did they content themfelves

with

• " When New-England was poor, and we were but few in " number, there was a fpirit to encourage learning, and the col- ** lege was full of ftiidents." Refult of a Synod in 1679.

t The Abbe Raynal in his elegant hiftory of the Eafl and Weft Indies fpcaksof the purchafe made of the Indians by WiUiam Penn in 1681, as '• an example of moderation and juIUcc in America,

♦' which

74

HISTORY OF

with merely living peaceably among them^ but exerted themfelves vigoroufly in en- deavouring their converfion to chriftianity, which was one of the obligations of their patent, and one of the profefled defigns of their fettlement in this country. This painful work was remarkably fucceeded, and the names of Eliot and Mayhew will always be remembered as unwearied inftruments in promoting it. Great care was taken by the government to prevent fraud and injuftice toward the Indians in trade, or violence to their perfons. The neareft of the natives were fo fenfible of the juftice of their Englifh neighbours, that they lived in a ftate of peace with them, with but little interruption, for above fifty years.

Slavery was thought fo i n con fiftent with the natural rights of mankind, and detri- mental to fociety, that an exprefs law was made, prohibiting the buying or felling of ilaves, except thofe taken in lawful war, or reduced to fervitude for their

crimes

*' which was never thought of before, Ly the Europeans.' ' It can be no derogation from the honor due to the wife founder of Penn- fylvania that the example of this moderation and juftice was firii fet by the planters of New-England, whofe deeds of conveyance from the Indians were earlier than his hy half a century.

In fomc parts of the country the lands purchafed of the Indians arc fuhjccft to a quit-rent, which is annually paid to their pofterity. They have lands referved to their ufe, which are not allowed tu l)c purchafed of tlicm without the conlent of the legislature.

N E W-H A M P S H I R E. y$

crimes by a judicial fentence; and thefe were to have the fame privileges as w^ere allov\^ed by the laws of Mofes. There was a remarkable inftance of juftice in the exe- cution of this law in 1645, when a Ne- gro who had been fraudulently brought from the coaft of Africa, and fold in the country, was by the fpeclal interpofition of the general court taken from his mailer in order to be fent home to his native land*. How long after this the importa- tion of blacks continued to be difallowed is uncertain; but if the fame refolute juf- tice had always been obferved, it would have been much for the credit and intereft of the country; and our own ftruggles for liberty would not have carried fo flagrant an appearance of inconfiftency.

Severe laws conformable to the princi- ples of the laws of Mofes were enaded againft all kinds of immorality. Blafphe- my, idolatry, adultery, unnatural lulls, rape, murder, man-ftealing, falfe witnefs,

rebellion

* " 14. 3J mo. 1645. The court thought proper to write to Mr. •' Williams of Pafcataqua (undeiflaiiding that the Negroes wliich *' Captain Smyth brought were fraudulently and injurioufly taken ♦• and brought from Guinea, by Captain Smyth's confeflion and " the reftof the company) that he forthwith fend the Negro which *' he had of Captain Smyth hither, that he may be fent home, " which this court doth refolve to fend i)ack without delay. And *' if you have any thing to aliedge, why you Ihould not return " him to be difpofed of by the court, it will be exped:ed you Ihould " forthwith make it appear either by yourfclf or your agent."

MafTachufctts Records*

76 HISTORYOF

rebellion againft parents, and confpiracy againft the commonwealth were made ca- pital crimes; and becaufe fome doubted whether the magiftrate could punifh breaches of the four firft commands of the decalogue, this right was aflerted in the higheft tone, and the denial of it ranked among the moft peftilent herefies, and pu- niihed with banilhment. By the feverity and impartiality with which thofe laws were executed, intemperance and profane- nefs were fo efFed:ually difcountenanced that Hugh Peters, who had refided in the country twenty years, declared before the: parliament that he had not feen a drunk- en man, nor heard a profane oath during * that period. The report of this extraor-

dinary ftrid:nefs, w^hile ir invited many of the bell men in England to come over, kept them clear of thofe wretches who fly from one country to another to efcape the punilhment of their crimes.

The profelTed defign of the plantation being the advancement of religion, and men of the ftrideft morals being appoint- ed to the chief places of government, their zeal for purity of every kind carried them into fome refinements in their laws which are not generally fuppofed to come with- in the fphere of magiftracy, and in larger

communities

N E W-H A M P S H I R E. 77

communities could fcarcely be attended to in a judicial way. The drinking of healths, and the ufe of tobacco were forbidden, the former being confidered as an heathenifh and idolatrous practice, grounded on the ancient libations ; the other as a fpecies of intoxication and wafte of time. Laws were inftituted to regulate the intercourfe be- tween the fexes, and the advances toward matrimony : They had a ceremony of be- trothing, which preceded that of marriage. 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 fubjed; to ftate- regulations. Women w^ere forbidden to expofe their arms or bofoms to view; it was ordered that their fleeves fhould reach down to their wrift, and their gowns be clofed round the neck. Men were obliged to cut fhort their hair, that they might not refemble women. No perfon not worth two hundred pounds was allowed to wear gold or filver lace, or filk hoods and fcarfs. Offences againft thefe laws were prefentable by the grand jury; and thofc who dreffed above their rank were to be affefled accordingly. Sumptuary laws might be of ufe in the beginning of a new plantation; but thefe pious rulers had

more

78 HISTORY OF

more in view than the political good. They were not only concerned for the ex- ternal 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 divine precepts.

As they were fond of imagining a near refemblance between the circumftances of their fettlement in this country and the redemption of Ifrael from Egypt or Baby- lon ; it is not ftrange that they fhould alfo look upon their " commonwealth as an increafe " iuftitution of God for the prefervation life, p.' SI- " of their churches, and the civil rulers " as both members and fathers of them.*' The famous John Cotton, the firft mini- fter in Bofton was the chief promoter of this fettlement. When he arrived in 1 6^;^, he found the people divided in their opi- nions. Some had been admitted to the Magnaiia, privileo;es of freemen at the firft general

lib. 3.p. -^ ^ , . . ^ . ,

30. court, who were not m communion with

the churches; after this an order was paffed, that none but members of the churches fhould be admitted freemen; whereby all other perfons were excluded from every office or privilege civil or mi- litary. This great man by his eloquence confirmed thofe who had embraced this

opinion,

N E W-H A M P S H 1 R E. 79

opinion, and earneftly pleaded " that the

*' government might be confidered as a

" theocracy wherein the Lord was judge,

" lawgiver 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 confider^

" ed as God's people in covenant with him ;

" that none but perfons of approved piety

" and eminent gifts Ihould be chofen rulers ;

" that the minifters ll^ould be confulted in

" all matters 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 on the

laws of Mofes, which was confidered by Hutch-

the legiflative body as the general ftandard ; pa^pers.'p.

though they never formally adopted it, ^^^'

and in fome inftances varied from it.

Thefe principles were fundamentally the fame with thofe on wh ich were ground- ed all the perfecutions which they had en- dured in England, and naturally led to the fame extremes of conduct which they had fo bitterly complained of in thofe civil and ecclefiaftical rulers, from whofe tyran- ny they had fled into this wildernefs. They had already proceeded a fl:ep farther than the hierarchy had ever attempted.

No

So> HISTORYOF

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, how- ever otherwife qualified. They thought that as they had fuffered fo much in lay- ing the foundation of a new ftate, which was fuppofed to be " a model of the glori- " ous kingdom of Chrift on earth*," they had an exclufive right to all the honours and privileges of it ; and having the pow- er in their hands, they efFedtually eftablifh- ed their pretenfions, and made all diflent- ers and difturbers feel the weight of their indignation.

In confequence of the union thus form- ed between the church and ftate on the plan of the Jewifh theocracy, theminifters were called to fit in council, and give their ad- vice in matters of religion and cafes of confcience which came before the court, and without them they never proceeded to any ad: of an ecclefiaftical nature. As none were allowed to vote in the election

of

* " I look upon this as a little model of the glorious kingdom " of Chrift on earth. Chrift reigns among us in the common- " wealth as well as in the church, and iiath his glorious intercft •' involved in the good of both focietics rcfpe£lively. He that fhall ♦' he treacherous and falfeto the civil government, is guilty of high " treafon againft the Lord Jefus Chrift, and will be proceeded a- " gainft as a rebel and traitor to the King of kings, when he ftiall *( hold his great affizes at the end of the world."

Prefident Oakes's Elcdion Sermon, 1673.

NEW-HAMPSHIRE. 8i

of rulers but freemen, and freemen muft be church members ; and as none could be admitted into the church but by the elders, who firft examined, and then pro- pounded them to the brethren for their vote, the clergy acquired hereby a vaft afcendency over both rulers and people, and had in effed the keys of the ftate as well as the church in their hands. The magiflrates, on the other hand, regulated the gathering of churches, interpofed in the fettlement and difmiffion of minifters, arbitrated in ecclefiaftical controverfies and controled fynodical alTemblies. This co- ercive power in the magiflrate was deem- ed abfolutely neceflary to preferve " the " order of the gofpel."

The principle on which this power is

grounded is exprefled in the Cambridge chap. 17.

Platform in terms as foft aS poffible. " The

' power and authority of magiflrates is not

' for the reftraining of churches, or any

' other good works, but for the helping

' in and furthering thereof, and therefore

* the confent and countenance of magi-

' ft rates ijuhen it may be had^ is not to be

' flighted or lightly efteemed j but, on the

' contrary, it is a part of the honor due

' to chriftian magiftrates to deiire and

' crave their confent and approbation

G " therein :

Sea. 3.

82 HISTORY OF

" therein : which being obtained, the " churches may then proceed in their way " with much more encouragement and " comfort." This article (like divers o- thers in that work) is curioufly and artful- ly drawn up, fo that there is an appearance of liberty and tendernefs but none in reali- ty : For although the magiftrate was not to reftrain any good works, yet he was to be the judge of the good or evil of the works to be reftrained ; and what fccurity could churches have that they fhould not be reftrained in the performance of what //6^/judged to be good works? They might indeed think themfelves fafe, while their rulers were fo zealous for the purity of the churches of which themfelves were mem- bers, and while their minifters were con- fulted in all ecclefiaftical affairs; but if the civil powers had adted without fuch con- fultation, or if the minifters had been in- duced to yield to the opinion of the ma- giftrates, when contrary to the intereft of the churches, what then would have be- come of religious liberty ?

The idea of liberty in matters of religi- on was in that day ftrangely underftood, and myfteriouily exprefled. The venera- ble Higginfon of Salem in his fermon on the day of the eledion 1663, fpeaks thus;

" The

N E W-H AMPSHIRfi, S3

" The gofpel of Chrift hath a right para-^ »' mount all rights in the world ; it hath " a divine and fupreme right to be receiv- " ed in every nation, and the knee of ma- ** giftracy is to bow at the name of Jefus. " This right carries liberty along with it, *' for all fuch as profefs 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 ihould " have no liberty." Here the queflion arifes, Who is to be the judge of what is agreeable or contrary to the gofpel ? If the magiflrate, then there is only a liberty to believe and prad:ife what the magiftrate thinks right. A fimilar fentiment occurs in the fermon of the learned Prefident Oakes on the fame occafion in 1673 ; " The outcry of fome is for liberty of con- *' fcience. 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 honefty, you have as " much liberty of confcience as Paul de- *' fired under any government." Here the queftion recurs, Would Paul have fub- mitted to walk according to the opinion which the magiftrate might entertain of G 2 the

84 HISTORY 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 ofFenfive terms, and they who ufed them were fuppofed to be the enemies of religion and government. " I look upon toleration (fays the fame au- " thor) as the firft-born of all abominati- " ons ; if it fhould 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, Behold a troop " Cometh^ a troop of all manner of abo- " minations." In another of thefe eledlion shephard's fermous, (which may eenerally be account- Sermon, cd the echo or the public voice, or the po- ^*' litical 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," ia ftyled " Satan's plea for toleration." The following admonition to pofterity, written by the Deputy-Governor Dudley, is ano- ther fpecimen,

Morton's «« Let mcTi of God in courts and churches-

Memorial,

p. 179. " watch

" 0*er fuch as do a toleration hatch ;

" Left

N E W-H A M P S H I R E. S5

** Left that ill egg bring forth a cockatrice,

*f To poifon all with herefy and vice.

•' If men be left and otherwife combine

" My epitaph 's I die no lihertineP The champion of thefe fentiments was Cotton, who though eminently meek, placid and charitable, yet was ftrongly tindured with the prevailing opinion, That the magiftrate had a coercive power againft heretics. The banifhment of Ro- ger Williams, minifter of Salem, occafion- ed a vehement controverfy on this point. Williams having written in favour of li- berty of confcience, and ftyledthe oppofite principle " the bloody tenet ;" was an- fwered by Cotton, who publiflied a treatife in 1647 with this ftrange 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 extir- pate heretics, from the commands given to the jews to put to death blafphemers and idolaters. To the objection, that per- fecution 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 converfion of feducers, as the

preventing the fedudion of honeft minds

*'by

it

S6 HISTORY OF

« by their means." He allows indeed that " the magiftrate ought not to draw ^' the fword againft feducers till he have " ufed all good means for their convidion : " But if after their continuance in obfti- " nate rebellion againft the light, he fhall " ftill walk toward them in foft and gentle «' commiferation, his foftnefs and gentle-? ^* nefs is exceffive large to foxes and " wolves ; but his bowels are miferably '* ftraitned and hardned againft the poor *' ftieep and lambs of Chrift. Nor is it " fruftrating the end of Chrift*s coming, " which was to fave fouls, but a dired ad-f *' vancing it, to deftroy, if need be, the ^' bodies of thofe wolves, who feek to de- ^' ftroy the fouls of thofe for whom Chrift " died." In purfuing 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 ftand 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 puniftied for " fmning againft his own confcience." To which he adds, " fometimes it may be " an aggravation of fin both in judgment *^ and pradicethata man committeth it in ^ • . ^* confcience,"

N E W^H A M P S H I R E. 87

*' confcience." After having faid that " it was toleration which made the world *' antichriftian," he concludes his book with this fingular ejaculation, " the Lord " keep us from being bewitched with the " whore's cup, left while we feem to reject *' her with open face of profeffion, we *' bring her in by a back door of tolerati- " on ; and fo come to drink deeply of the " cup of the Lord's wrath, and be filled " with her plagues.'*

But the ftrangeft language that ever was ufed on this or perhaps on any other fubjedt, is to be found in a book printed in 1 645 by the humourous Ward of Ip- fwich entitled " the Simple Cobler of A- " gawam." " My heart (fays he) hath " naturally detefted four things ; the ftand- " ing of the Apocrypha in the bible: *' foreigners dwelling in my country, to " croud out native fubjedls into the cor-; " ners of the eaft: alchymized coins : " toleration of divers religions or of one " religion in fegregant fhapes. He that *' willingly affents to the laft, if he ex- " amines his heart by day-light, his con- " fcience will tell him, he is either an *' atheift, or an heretic, or an hypocrite, *' or at beft a captive to fome luft. Poly- ^' piety is the greateft impiety in the

<' world.

88 HISTORY OF

" world. To authorize an untruth by to- " leration of the ftate, is to build a fconce " againft the walls of heaven, to batter " God out of his chair. Perfecution of " true religion and toleration of falfe are the " Jannes and Jambres to the kingdom of *' Chrift,whereof thelaft is by far the worft. *' He that is willing to tolerate any un-; " found opinion, that his own may be to- " lerated though never fo found, will for " a need, hang God's bible at the devil's ^' girdle. It is faid that men ought to *' have liberty of confcience and that it is, " perfecution to debar them of it: I can *' rather ftand amazed than reply to this; ** it is an aftoniiliment that the brains of " menfhould be parboiled in fuch impious ^' ignorance."

From thefe fpecimens,(ofwhich the reader will think he has had enough) it is eafy to fee how deeply the principle of intolerancy was rooted in the minds of our forefathers, Had it ftood only in their books as a fub- jed: of fpeculation, it might have been excufed, confidering the prejudices of the times; but it was drawn out into fatal prad:ice, and caufed fevere perfecutions which cannot be juftified confiftently with chriftianity or true policy. Whatever piay be faid in favour of their proceedings

againft

N E W-H A M P S H 1 R E. 89

againft the Antinomians, whofe principles had fuch an efFed: on the minds of the people as materially afFeded the founda- tions of government, in the infancy of the plantation; yet the Anabaptifts and Qua- kers were fo inconfiderable for numbers, and the colony was then fo well eftabliih- ed that no danger could have been rati- onally apprehended to the commonwealth from them. Rhode-Ifland was fettled by fome of the Antinomian exiles on a plan

(^ . T • T1 . r Callender's

of entire religious liberty : men 01 every century denomination being equally protected and ^l^'^^* countenanced, and enjoying the honours and offices of government. The Ana- baptifts, fined and banifhed, flocked to that new fettlement, 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 loft his " religion, he might find it there, among ** fuch a general mufter of opinionifts." Notwithftanding this inve(3:ive, it is much to the honour of that government that there never was an inftance of perfecution for confcience fake countenanced by them. Rhode-Ifland and Pennfylvania afford a ftrong proof that toleration conduces great- ly to the fettlement and increafe of an in- fant plantation. The

99

HISTORY OF

The Quakers atfirft were banifhed ; but this proving infufEcient, a fucceffion of fanguinary laws were enaded againft them, of which imprifonment, whipping, cutting off the ears, boring the tongue with an hot iron, and banifhment on pain of death, were the terrible fandions. In i confequence of thefe laws four perfons were put to death at Bofton, bearing their punifhment with patience and fortitude; folemnly protefting that their return from ^ banifhment was by divine direction, to warn the magiftrates of their errors, and intreat them to repeal their cruel Hinor' of ^^^® » denouncing the judgments of the Qua- God upon thcm ; and foretelling that if they fhould put them to death others would rife up in their room to fill their hands with work*. After the execution of the fourth

perfon

• The following paflages extrafted from William Leddra's let- ter to his friends, written the day hefore his execution, March Ij, 1660, (hew an elegance of fentiment and cxpreflion, not common in their writings.

" Mod dear and inwardly beloved,

" The fweet influence of the morning (lar, like a flood, diflil- " ling into my innocent habitation hath fo filled me with the joy " of the Lord in the beauty of holinefs, that my fpirit is as if it •* did not inhabit a tabernacle of clay, but is wholly fwillowed up *' in the bofom of eternity from whence it had its being."

" Alas, alas I what can the wrath and fpirit of man that ludeth *• to envy, aggravated by the heat and ftrength of the king of the *' locufts which came out of the pit, do unto one that is hid in the •' fecret places of the Almighty ? or to them that are gathered •• under the healing wirigsof the Prince of Peace? O my beloved, " I have waited as the dove at the windows of the ark, and have

"ftoo*

N E W-H A M P S H I R E.

9Jf

perfon, an order from King Charles the fecond, procured by their friends in Eng- land, put a flop to capital executions.

Impartiality will not fufFer a veil to be drawn over thefe difgraceful tranfadions. The utmoft that has been pleaded in favor of them, cannot excufe them in the eye of reafon and juftice. The Quakers, it is faid, were heretics ; their principles ap- peared to be fubverfive of the gofpel, and derogatory from the honor of the Redeem- er. Argument and fcripture were in this cafe the proper weapons to combat them with ; and if thefe had failed of fucccfs, they muft have been left to the judgment of an omnifcient and merciful God. They were complained of as difturbers of the peace, revilers of magiftracy, " malignant

" and

Hutch:

coika.

papers, p< 3*7-

flood ftill in that watch, which the maftcr did at his coming re- ward with the fulnefsof his love ; wherein my lieart did rejoice that I might fpeak a few words to you, fealed with the fpirit of promife. As the flowing of the ocean doth fill every creek and branch thereof, and then retires again toward its own being and fulnefs and leaves a favour behind it ; fo doth the life and virtue of God flow into every one of your hearts, whom he hath made partakers of Iiis divine nature ; and when it withdraws but a little, it leaves a fweet favour behind it, that many can fay they arc made clean through the word tliat he has fpoken to them. ' Therefore, my dear hearts, let the enjoyment of the life alone ' be your hope, your joy and your confolation. Stand in the ■ watch within, in the fear of the Lord which is the entrance of ' wifdom. Confefs him before men, yea before his greatcft ene- ' mies. Fear not what they can do 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 meeknefs you ihall reign over ' all the rage of your enemies."

Scwel's Hifl. Quakers, p. 274.

92 HISTORY OF

" and affiduous promoters of dodrines dl- " redly tending to fubvert both church " and ftate ;" and our fathers thought it hard, when they had fled from oppofition and perlecution in one fhape to be again troubled with it in another. But it would have been more to their honor to have fuffered their magiftracy and church order to be infulted, than to have ftained their hands with the blood of men who deferv- ed pity rather than punifhment. The Quakers indeed had no right to difturb them ; and fome of their condud was to an high degree indecent and provoking ; but they were under the influence of a fpi- rit which is not eafily quelled by oppo- fition. Had not the government appear- ed to be jealous of their principles, and prohibited the reading of their books be- fore any of them appeared in perfon, there 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 againfl; Jefuits. But the cafe sewei's was by no means parallel, (as the Qiiakers Quakers. pleaded) their principles and practices not being equally detrimental to fociety. It was moreover urged in excufe of the fe- vcrities exercifed againfl; the Quakers that

the

Mafs. Re«.

N E W-H A M P S H I R E. 93

the magiftrates thought themfelves " bound in confcience to keep the paffage 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 ad:, and they brought the blood on their own heads. Had they promifed to de- part the jurifdi6tion and not return with- out 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 banifh- ment that caufed them to be put to death." This was the plea which the court ufed in their addrefs to the king; and in another scvvei,b.6. vindication publifhed by their order, the unhappy fufFerers are ftyled " felones de fe," or felf-murderers. But this will not juftify the putting them to death, unlefs the original crimes for which they were banifhed had deferved it. The preamble p- ^99- to the adt by which they were condemn- ed charges them with "altering the receiv- ed laudable cultom of giving refped: to equals and reverence to fuperiors; that their adions tend to undermine the ci- vil government and deftroy the order of the churches, by denying all eftablifhed forms of worfhip, by withdrawing from orderly church fellowfhip allowed and ap- proved

94 iilSTORYOF

proved by all orthodox profeflbrs of th^ truth, andinftead thereof, and inoppofiti- on thereto, frequently meeting theriifelves, infinuating themlelves into the minds of the fimple, whereby divers of our inha- bitants have been infected." Did thefe offences deferve death? had any govern- ment a right to terrify with capital laws perfons guilty of no other crimes than thefe, efpecially when they profelfed that they were obliged to go the greateft lengths in maintaining thofe tenets which they judged facred, and following the dictates of that fpirit which they thought divine ? Was not the mere " holding the point of " thefword" to them, really inviting them to " rulh on it" and feal their teftimony with their blood? and was not this the moft likely way to ftrengthen and increafe their party? Such punifhment for offences which proceeded from a mifguided zeal, increafedand inflamed by oppofition, will never refledt any honour on the policy or moderation of the government; and can be accounted for only by the ftrong pre- diledion for coercive power in religion, retained by moft or all of the reformed churches ; a prejudice which time and ex- perience were necelfary to remove*.

The

• From the following authorities, it will appear that the go-

Tcrnrnent

N E W-H A M P S H I R E. 95

The miftakes on which their conduit was grounded cannot be detected in a more mafterly manner, than by tranfcrib- ing the fentiments of Dodor Increafe Mather, who lived in thofe times, and was a ftrong advocate for the coercive power of the magiftrate in matters of religion ; but afterward changed his opinion on this point. " He became fenfible that the ex- ample of the Ifraelitifh reformers inflict- ing penalties on falfe worfhippers would not legitimate the like proceedings among

chriftian

▼eminent of New-England, however fevere and unjuflifiable in their proceedings againft the Quakers, went no farther than the moft eminent reformers; particularly the Bohemians, the Luthe- rans, the celebrated Calvin and the martyr Cranmer.

In the war which the Emperor Sigifmond excited againfl the Bohemian reformers, who had tiie famous Zifca for their general; «• The ads of barbarity which were committed on both fides were Oiocking and terrible beyond expreffion. Fornotwithflanding the irreconcileable oppofition between the religious fentiments of the contending parties, they both agreed m this one horrible point, that it was innocent and lawful to perfecute and extirpate with fire and fword, the enemies of the true religion, and fuch they re- ciprocally appeared to be in each others eyes." Moflieim's Eccl. Hift. vol. 3. p. a6l.

" It were indeed ardently to be wished, that the Lutherans had treated with more niildnefs and charity thofe who differed from them in religious opinions. But they bad unhappily imbib- ed a fpirit of persecution in their early education. This was too much the fpirit of the times, and it was even a leading maxim with our anceftors [this author was a I^utheran] that it was both lawful and expedient to ufe feverity and forte againit thofe whom they looked upon as heretics. This maxim was derived from R 0 M E; and even thofe who feparated from that church did not find it eafy to throw off all of a fudden that defpotic and uncharitable fpirit, that had fo long been the main fpring of its government and the general charafteriftic of it members. Nay in their narrow view of things, their very piety feemed to fupprefs the generous movements of fraternal love and forbearance, and the more they felt them-

felvcs

96 HISTORY OF

chriftlan gentiles : For the holy land of old was, by a deed of gift from the glorious God, miraculouflyand indifputably grant- ed to the Ifraelitifh nation, and the con- dition on which they had it was their ob- fervance of the Mofaic inftitutions. To violate them was high treafon againft the . king of the theocracy, an iniquity to be puniflied by the judge. At the fame time fojourners in the land were not compelled to the keeping thofe rites and laws which Mofes had given to the people. Nay the

Ifraelites

felvcs 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 he an enemy to God, ought alfo to be de- clared an enemy to his country." Moftieim, vol. 4. p. 437.

" Michael Servetus, a Spanilli phyfician, publiilied feven books in which he attacked the fentiments adopted by far the greated part of the chriftian chmch, in relation to the divine nature and a trinity of perfons in the Godhead. Few innovators have fet out with a better profpeft of fuccefs : But all his views were totally difappointed by the vigilance and feverity of Calvin, who when Servetus was pafling through Switzerland, caufed him to be appre- hended at Geneva in the year 1553, and had an accufation of blafphemy brought againft him before the council. Servetus ad- hering refolutely to the opinions he had embraced, was declared an obftinate heretic and condemned to the flames." Molheim^ ■vol. 4. p. 171.

Dr. Macclaine in his note on this palTage, fays, " It was a re-* maining portion oi the Jpir'it of popery in the breaft of Calvin that kindled his unchriftian zeal againit the wretched Servetus, whofe death will be an indelible reproach upon the charafter of that great and eminent reformer."

In the reign of Edward the fixth of England, anno 1549, " A woman called Joan Bocher, or Joan of Kent, was accufed of here- tical pravity. Her doftrine was, *' that Chrift was not truly in- *' carnatc of the virgin, whofe flefh being the outward man was fin- " fully begotten and born in fin; and confequently he could take " none of it ; but the word, by the confunt of the inward man of

" the

N E W-H A M P S H I R E. 97

Ifraelites themfelves fell, many of theiiii into the worft of herefies, yet while they kept the laws and rites of Mofes, the ma- giftrate would not meddle with them. The herefyof the Sadduceesin particular ftruck at the foundation of all religion; yet we do not find that our Saviour ever blamed the Pharifees for not perfccuting them. The H chriftian

" the virgin was tnade flefli." A fcholaftic nicety, not capable of doing much mifchief ! but there was a neceflity for delivering the woman to the flames for maintaining it. The young king though in fuch tender years, had more fenfe than all hii counfcllors and preceptors; and he long refufsd to fign the warrant for her exe- cution. Cranmer, with his fuperior learning, was employed to perfuade him to compliance, and he faid, that the prince, being God's deputy, ought to rcprcfs impieties againlt God. in like man- ner as the king's deputies were bound to punifh offenders againft the king's perfon. He alio argued from the pradtice of the Jewilh church in (toning blafphemcrs. Edward overcome by importunity teore than reafon at Idft fubmitted, and told Cranmer with tears in his eyes, that if any wrong was done, the guilt fhould lie entire- ly on his head. The primate was ftruck with furprize ; bui after making a new effort to reclaim the woman and finding her obfti- Date, he at lad committed her to the flames. Nor did he ever re- nounce his burning principles fo long as he continued in power." Hume's Hift. Eng. 410 vol. 3. p. 3^0, Ncai's Hid. Purit. 410. vol. i. p. 41.

It ought alfo to be re.Tiembered, that at tlie fame time that tlic Quakers luffcred in New-England, penal laws againft: them were made and rigoroufly executed in England ; and though none of them fuffered capital executions, yet they were thrown into prifon and treated with other marks of cruelty, which in fome iiirtances proved the means of their death. And though the lenity of King Charles the lid in putting a ftop tocapital executions here has been faiuch celebrated, yet in hislettcr to the Maliaciniictts government the next year, wherein he requires liberty for the churcii of Eng- land among them, he adds, " Wee cannot be imderftood hereby " to dired, or wifh that any indulgence Ihould be graurited to " (fakers, whole principles, being inconfiftcnt with any kind of " government, Wee have found it necelTary with the advife of our " parliament hereto make a Iharp law againft them, and are well *' contentyou doe the like there." Records of Deeds, Prov. Maine, lib. I. fol. 129.

98 HISTORYOF

chriftian religion brings us not into a temporal Canaan, it knows no weapons but what are purely fpirituaL He faw that until perfecution be utterly banifhed out of the world, and Cain's club taken out of AbePs hand, *tis impoflible to refcuethe world from endlefs confufions. He that has the power of the fword will always be in the right and always alTume the power of perfecuting. In his latter times there- fore he looked upon it as one of the mofl hopeful among the figns of the times, that people began to be afhamed of a practice which had been a mother of abominations, and he came entirely into that golden maxim, Errantis poena docerU'^

Divers others of the principal adors and abettors of this tragedy lived to fee the folly and incompetency of fuch fanguina- ry laws, to which the fufFerings of their brethren, the nonconformifts in England, did not a little contribute. Under the ar- bitrary government of King James the fecond, when he, for a fliew of liberty and as a leading ftep to the introdu£tion of popery, iffued a proclamation of indul- gence to tender cohfciences, 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

N E W-H A M P S H I R E. 99

to add, that all thofe difgraceful laws were renounced and repealed, and the people of New-England are now as candidly dif- pofed toward the Quakers as any other denominations of chriftians. To keep alive a fpiritof refentment and reproach to the country, on account of thofe ancient tranf- ad:ions which are; now univerfally con- demned, would difcover a temper not very confiftcnt with that meeknefs and forgive- hefs which ought to be cultivated by all who profefs to be influenced by the gofpel. But though our anceftors are juftly cen- furable for thofe inftances of mifcondudt, yet they are not to be condemned as un- worthy the chriftian name, fmce fome of the firft difciples of our Lord, in a zealous imitation of the prophet Elias, would have called 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 benevo- lent author of our religion gave to his dif- ciples on that occafion, might with equal propriety be addrefled to them, and to all perfecuting chriftians, " Ye know not *' what fpirit ye are of, for the Son of man v

" is not come to deflroy men's lives but to " fave them."

H2 CHAP.

loo HISTORY OF

CHAP. IV.

Mode of government under Majfachufetif^ Ma/on' s eforts to recover the property of his anceflor, TranfaSiions of the king^s commifftoners. Oppofition to them. Political principles. Internal tranfac- tions, Mafon difcouraged*

U R I N G the union of thefe planta- tions with Maflachufetts, they were governed by the general laws of the co- lony, and the terms of the union were ftridlly obferved. Exeter and Hampton were at firft annexed to the jurifdi<5tion of the courts at Ipfwich, till the eftablifh- 1643. nient of a new county which was called v^v>J Norfolk, and comprehended Salifbury, Haverhill, Hampton, Exeter, Portfmouth and Dover. Thefe towns were then of fuch extent as to contain all the lands be- tween the rivers Merrimack and Pafcata>- qua. The fhire town was Salifbury ; but Dover and Portfmouth had always a di- ftindt jurifdidion, though they were con- fidered as part of this new county ; a court being held in one or the other, fometimes- once and fometimes twice in the year, con- fiiling of one or more of the magiflrates |

or I

N E W-H A M P S H I R E.

101

or affiftants, and one or more commiffion- ers chofen by the general court out of the principal gentlemen of each town. This was called the court of alTociates; and their power extended tocaufes 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 {hillings in value were fettled in each town by an inferior court confifting of three perfons. After fome time they had liberty to choofe their aflbciates, which was done by the votes of both towns, opened at a joint meeting of their feled:men, though fometimes they requefted the court to appoint them as be- fore. That mutual confidence between rulers and people, which fprings from the genius of a republican government is ob- fervable in all their tranladions*.

This

1643.

MafT. Gen. Court Rcc.

1647.

Dover and Portfmou. Rec.

* In l65Z, the nnm'bcr of people in Dover was increafedfo that they were allowed by law to fend two deputies to the general court. Hampton continued fending but one till i66^, and Portfmouth till 167a. The names of the reprefentatives which I have been abJc to recover, are as follows ;

For Dover.

John Baker,

Valentine Hill,

Richard Waldron, who was chofen without interrupti- on for 25 years, and was fometime lj)eaker of the

Richard Cook, Peter Coffin.

For Portfmouth. Bryan Pendleton, Henry Sherburne, Richard Cutts, Nathaniel Fryer,

£lias

102 HISTORY OF

1 647. This extcnfion of the colony's jurifdlc-

'''^^^ tion over New-Hampfhire, could not fail

of being noticed by the heirs of Mafon :

But the diftradions caufed by the civil

wars in E'Ddand were invincible bars to

o

any legal enquiry. The firft heir named in Mafon's will dying in infancy, the e- ftate defcended after the death of the ex- ecutrix to Robert Tufton^ who was not of 1652. age till 1650. In two years after this, ^''^''^ Jofeph Mafon came over as agent to the executrix, to look after the intereft of her deceafed hufband. He found the lands at Newichwannock occupied by Richard Leader, againft whom he brought actions in the county court of Norfolk ; but a dif- pute arifing whether the lands in queftion w^ere within thejurifdidtion of Maffachu- fetts, and the court of Norfolk judging the adlion not to be within their cognizance, recourfe was had to the general court ; who on this occafion ordered an accurate furvey of the northern bounds of their pa- tent

Elias Stileman, Roger Shaw,

John Cutts, Roger Page,

Richard Martyn, Samuel Dalton,

Richard Cook, of Bpfton. Joftua Gilnian,

For Hampton. Anthony Stanyon,

JeofTry Mingay, Chriftopher Huffcy,

Henry Dow, William Gerrilh,

William Fuller, Jofeph Hufley. Robert Page, I do not find that Exeter fent any deputies to court during this

union. Gen. Court Rcc.

NEW-HAMPSHIRE. 103

tent to be made; a thing which they had 1652. long meditated. A committee of the ge- **^^v^ neral court attended by Jonathan Ince and ^"'^^•'^"• John Shearman furveyors, and feveral In- dian guides, went up the river Merrimack to find the moft northerly part thereof, which the Indians told them was at Aque- dochtan, the outlet of the lake Winnipi- feogee. The latitude of this place was ob- ferved to be 43 degrees 40 minutes and 12 feconds, to which three miles being added, made the line of the patent, accord- ing to their conftrudion, fall within the lake, in the latitude of 43 degrees 43 mi- nutes and 1 2 feconds. Two experienced ^^S3' fliip-mafters, Jonas Clarke and Samuel '^-'"'^^-^ Andrews, w^ere then difpatched to the eaft- ern coaft, who found the fame degrees, minutes, and feconds, on the northern 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 there- fore fuppofed to be the northern boundary of the MaiTachufetts patent, within which the whole claim of Mafon, and the great-? er part of that of Gorges were compre- hended. When this grand point was de- termined, the court were of opinion, that *' fome lands atNewichwannock, with the

*' river,

104 HISTORY OF

1653. " river, were by agreement of Sir Ferdin ^^"^^ " nando Gorges and others, apportioned ^^ to Captain Mafon, and th^t he alfo had ^' right by purchafe of the Indians, as alfo *' by poflefTion and improvement ;" and they ordered " a quantity of land propor- *' tionable to his difburfements, with the " privilege of the river, to be laid out to " his heirs." 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 go- vernment, and the management ufed in the determination of his fuit, he returned ; and the eftate was given up for loft unlefs the government of England ftiould inter- pofe.

During the commonwealth, and the protectorate of Cromwell, there could be no hope of relief, as the family had always been attached to the royal caufe, and the colony ftood high in the favor of the par- 56o Jian^cnt and of Cromwell. But the refto- «^-,rN^ ration of King Charles the fecond encou- raged Tufton, who now took the firname of Mafon, to look up to the throne for fa- vor and afliftance. For though the plan of colonization adopted by his grandfather was in itfelf chimerical, and proved fruit- lefs, yet he had expended a large eftate in

the

N E W-H A M P S H 1 R E.

the profccution of it, which muft have been wholly loft to his heirs, unlefs they could recover the pofleffion of his Ame- rican territories. Full of this idea, Mafon petitioned the king ; fetting forth * the en-

* croachment of the Maflachufetts colony

* upon his lands, their making grants and

* giving titles to the inhabitants, andthere-

* by difpoflefTmg him and keeping him ' out of his right.* The king referred the petition to his attorney-general Sir Geof- try Palmer, who reported that " Robert " Mafon, grandfon and heir to Capt. John " Mafon, had a good and legal title to the " province of New-Hampihire.'' 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 fome offenfive things in their conduct were therein reprehended, and divers alterations enjoined. But the direQ:ions contained in this letter not being ftridlly attended to, and complaints being made to the king of difputes which had arifen in divers parts of New-England concerning the limits of jurifdidion, and addrefles having been pre- fented by feveral perfons, praying for the royal interpofition; acommiffion was iffued

, under the great feal to Colonel Richard •fsfichols, Sir Robert Carre, knight, George

Carteret

1660.

Nov. 8. MS in Sn. Cour. files.

1662.

Hutch. Col lea. of papers, p.

377-

Hutch. Hid. Maf. vol. I. p.

535-

1664.

April iS-

io6 HISTORY OF

1664. Carteret and Samuel Maverick, efqulres, ^■^^^^"^ impowering them " to vifit the fevcral co-

" lonles of New-England ; to examine " and determine all complaints and ap- ** peals in matters civil, military and cri- ** minal ; to provide for the peace and fc- *' curity of the country, according to their *' good and found difcretion, and to fuch " inftrudions as they fhould receive from ♦' the king, and to certify him of their pro- *' ceedings."

This commiffion was highly difrellfhed" by the colony, as inconfiftent with the rights and privileges which ihey enjoyed by their charter, and which the king had facredly promifed to confirm. It is there- fore no wonder that the commiffioners „ , were treated with much coolnefs at their

Hutch. , ....

Colic, pap. arrival ; but they feverely repaid it m their report to the king.

1665. In their progrefs through the country they came to Pafcataqua, and enquired into the bounds of Mafon's patent. They heard the allegation ot Whelewright, who when banifhed by the colony, was per- mitted 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 concerning the agree-

N jnent

417

June.

»s^V%^

Mafs. Rcc.

Hutchin.

N E W-H A M P S H I R E. 107

ment between Governor Cradock and 1 66^.

Captain Mafon, that the river fhould be

the boundary of their refpedive patents.

They made no determination of this con-

troverfy in thejr report to the king ; but

having called together the inhabitants of

Portfmouth, Sir Robert Carre, in the name

of the reft, told them that " they would

" releafe them from the government of

" Maflachufetts whofe jurifdidion ihould

^' come no farther than the bound-houfe."

They then proceeded to appoint juftices of

the peace and other officers, v/iih power

to ad: according to the laws of England,

and fuch laws of their own as were not co!ie(£Jiou

repugnant thereto, until the king's plea-

fure fliould be farther known.

There had always been a party here who were diflaffe^fted to the government of Maflachufetts, One of the moft adive a- mong them was Abraham Corbett of Portf- mouth, who, fmce the arrival of the com- miffioners at Bofton, and probably by authority derived from them, had taken upon him to iflue warrants in the king's name on feveral occafions, which was con- ftrued ahighmifdemeanor, as he had never been commiffioned by the authority of the polony. Being called to account by the general court, he was admonifhed, fined

five

jo8 HISTORY OF

1665. five pounds, and committed till the fen- ^^v>J tence was performed. Irritated by this fevcrity, he was the fitter inftrument for the purpofeof thecommiffioners, who em- ployed him to frame a petition to the king in the name of the four towns, complain- ing of the ufurpation of Maflachufetts over them, and praying to be releafed from their tyranny. Corbett, in a fecret manner, procured feveral perfons both in Portf- mouth and Dover 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 un- happy ftate which they had been in before their union with the colony. Awed by the fupercilious behaviour of thecommif- fioners, they knew not at firft how to ad ; for to oppofe the king's authority was con- ftrued treafon, and it was faid 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 rumour was fpread that a petition was drawn, and that Corbett was procuring fubfcribers, the people, no longer able to bear the abufe, earneftly applied to the general court, praying

« that

N E W-H A M P S H I R E. 109

" that in fome orderly way they might 1665. " have an opportunity to clear themfelves ^^^"^ ** of fo great and unjuft afperfions, as were " by this petition, drawn in their name, " caft upon the government under which " they were fettled; and alfo to manifeft " their fenfe of fuch perfidious adtions, left ** by their filence it fhould be concluded " they were of the fame mind with thofe " who framed the petition." In confe- quence of this petition, the court commif- fioned Thomas Danforth, Eleazar Lufher, and Major General Leverett to enquire in- to the matter, and fettle the peace in thefe places, according to their beft difcretion.

Thefe gentlemen came to Portfmouth, oftober9. and having aflembled the inhabitants, and publifhed their commifTion, they told them that they were informed of a petition fub- . fcribed in behalf of that and the neigh- bouring towns, complaining of the go-% vernment; and defired them if they had any juft grievances to let them be known, and report fliould be immediately made to the general court. The next day they aflembled the people of Dover and made the fame challenge. Both towns refpec- tively protefted agalnft the petition, and profefled full fatisfadion with the govern- ment, which they fignified in addrefles to

the

iio HISTORY OF

1665. the court. Dudley, the minifter of Exe- ^-'^'""^^ ter, certified under his hand to the com- mittee, that the people of that town had no concern directly nor indiredly with the obnoxious petition. They received alfo full fatisfadion with regard to Hampton; a certificate of which might have been ob- tained, if they had thought it neceflary.

They then proceeded to fummon Cor- bett 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 Bofton. The commiffioners had now gone over into the province of Maine, from whence Sir Robert Carre in their name fent a fevere reprimand to this com- mittee, forbidding them to proceed againfl fuch perfons as had fubfcribed the petition, and inclofing a copy of a letter which the faid commiiiioners had written to the go- vernor and council on the fame fubje<3:.

The committee returned and reported their proceedings to the court, and about the fame time the commiffioners came from their eaftern tour to Bofton; where the court defired a conference with them, but received fuch an anfwer from Sir Ro- bert Carre as determined them not to re- peat their requeft. A warrant was then

iffued

K E W-H AMPSHIRE. iii

iflued by the fecretary, in the name of the 1 66^^ whole court, to apprehend Corbett and ^^^-y^J bring him before the governor andma- giftrates, " to anfwer for his tumultuous " and feditious practices againft the go- ** vernment." The next fpring he was ^^^ feized and brought before them ; and af- i^^vvj ter a full hearing was adjudged guilty of May 73. fedition, and exciting others to difcontent with the government and laws, and of keeping a diforderly houfe of entertain- ment, 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 prohi- bited retailing liquors; difabled from bear- ing any office in the town or common- wealth, during the pleafure of the court; and obliged to pay a fine of twenty pounds and five pounds for the cofi:s of his profe- cution.

This feverity in vindication of their charter-rights they thought fit to temper with fomething that had the appearance of fubmiffion to the royal commands. The kine's pleafure had been fip:nified to the ^'"tdnn,

. z^ Collect.

commimoners, that the harbours Ihould p^p- 4i<^« be fortified. This inftrudion came to hand while they were at Pafcataqua, and they immediately iflued warrants to the

four

Maflk Rec.

f

112 HISTORY OF

1666. four towns, requiring them to meet at a ^<^'^rJ time and place appointed to receive his majefty's orders. One of thefe warrants was lent by exprefs to Bofton, from 4 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 commiffioners. But by their own authority they ordered a com- mittee to look out the mofl convenient place for a fortification, uponwhofe report " the neck of land on the eaftward of the " Great Ifland, where a finall fort had " been already built, was fequeftered for " the purpofe, taking in the Great Rockj " and from thence all the eafterly part of " the faid ifland." The court of afTociates i being impowered to hear and determine the claims of thofe who pretended any : title to this land; a claim was entered by I George Walton, but rejedled ; and the ap- propriation confirmed. The cuftoms and impofts on goods imported into the har- bour were applied 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

N E W-H AMPSHIRE. 113

The people of Maflachufetts have, both 1 666.

in former and latter times, been charged with difloyalty to the kmg in their con- dud: toward thefecOmmiffioners, and their difregard of authority derived from the fame fource with their charter. To ac- count for their conduct on this occafion, We muftconfider the ideas they had of their poUtical connexion with the parent ftate* They had been forced from thence by per- fecution : they came at their own charges into a wildernefs, claimed indeed by the crown of England ; but really in pofleffion of its native lords ; from whom they had purchafed the foil and fovereignty, which gave them a title, confidered in a moral view, fuperior to the grant of any Euro- pean prince. For convenience only, they had folicited and accepted a patent from the crown, which in their opinion conftituted the only bond of union between them and their prince, by which the nature and ex- tent of their allegiance to him was to be determined. This patent they regarded as a folemn compact, wherein the king had granted them undifturbed pofleffion of the foil, and power of government within certain limits; on condition that they Ihould fettle the country, chrif- tianize the natives, yield a fifth of all gold I and

V^'^'vJ

i-'-v-N-;

114 HISTORY OF

1666. and filver mines to the crown, and make no laws repugnant to thofe of England. They had, on their part, facredly perform- ed thefe conditions; and therefore con- cluded that the grant of title, property and dominion which the crown had made to them was irrevocable. And although they acknowledged themfelves fubjed:s of the reigning prince, and owned a dependence on the royal authority; yet they under- ftood it to be only through the medium of their charter.

The appointment of commlflioners who were to ad: within the fame limits, inde- pendently of this authority, and to receive appeals from it; whofe rule of conduct was no eftablifhed law, but their own " good and found difcretion," was regard- ed as a dangerous ftretch of royal power, militating with and fuperfeding their char- ter. 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 choofmg, they could not at the fame time be governed by the " difcretion" of men in whofe appointment they had no voice, and over whom they had no control. Two ruling powers in the fame date was a fo-

kcifm

NEW-HAMPSH'IRE.

lecifm which they could not digeft. The patent was neither forfeited nor revoked ; but the king had folemnly promifed to confirm it, and it fubfifted in full forcci The commiffion therefore was deemed an tifurpation and infringement of thofe char- tered rights, which had been folemnly pledged on the one part, dearly purchafed and juftly paid for on the other. They regarded " a royal donation under the great feal (to ufe their own words) " as the greateft fecurity that could be had in hu- man affairs;" and they had confidence in the juftice of the fupreme ruler, that if they held what they in their confciences thought to be their rights, and performed the engagements by which they had ac- quired them, they fhould enjoy the pro- tection of his providence, * though they fhould be obliged to abandon the country, which they had planted with fo much la- bour and expence, and feek a new fettle- ment in fome other part of the globe. Thefe were the principles which they I 2 had

1666.

Hutch.

Hift. MafT. Vol. I. p. J43-

* " KeeF* to your patent. Your patent was a royal grant in- •* deed ; and it is inflrumentally your defence and fecurity. Recede '• from that, one way or the other, and you will expofe yourfelves *' to the wrath of God and the rage of man. Fix upon the patent, " and ftand for the liberties and immunities conferred upon you " therein ; and you have GOD and the king with you, both a good " caufe and a good intereft : and may with good confciencc fet " your foot againft any foot of pride and violence that fliall come *• againft you." Prcfident Oakes's Eledion Sermon 1673.

ii6 HISTORY OF

1666. had imbibed, which they openly a- ''^"'"^ vowed and on which they adted. Policy might have didated to them the fame flexibility of conduct, and foftnefs of ex- preffion, by which the other colonies on this occafion gained the royal favour. But they had fo long held the fole and unin- terrupted fovereignty, in which they had been indulged by the late popular govern- ment 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 concelTions; thereby expofing themfelves farther to the malice of their enemies and the vengeance of power.

The commiffioners, having finifhed their bufmefs, were recalled by the order of the king, who w^as much difpleafed with the ill treatment they had received from the Maffachufetts government, which was the more heinous, as the colonies of Plymouth, FLhode-Illand and Connecticut had treated the commiffion with acknowledged refpedt, April 10. By a letter to the colony he commanded.

Hutch, p. ^ . •' ^

547- them to lend over four or five agents, pro-

mifmg " to hear in perfon, all the allega-j " tions, fuggeftions, and pretences to right " or favour, that could be made on behali " of the colony," intimating that he was far from defiring to invade their charter

an(

N E W-H AMPSHIRE. 117

and commanding that all things fhould 1666. remain as the commiffioners had fettled '"""""^ them until his farther order; and that thofe perfons who had been imprifoned for petitioning or applying to them fhould be releafed. The court, however, conti- nued to exercife jurifdi6tion, appoint offi- cers, and execute the laws in thefe towns as they had done for twenty-five years, to the general fatisfadtion of the people who were united with them in principles and affedion.

This affedion was demonftrated by their j 55g, ready concurrence with the propofal for a ^-^^^^ general collection, for the purpofe of erect- ing a new brick building * at Harvard col- lege, the old wooden one being fmall and decayed. The town of Portfinouth, which was now become the richeft, made a fub- fcription of fixty pounds per annum for feven years ; and after five years paffed a town vote to carry this engagement into Harvard efFed. Dover gave thirty-two, and Ex- <^»^- ^^«' eter ten pounds for the fame laudable purpofe.

The people of Portfmouth, having for 1671. fome time employed Jofhua Moody as a ^^orsj preacher among them, and ereCted a new

meeting-*

• This building was crcftcd in 167Z, and confumed by fire in 1764.

ii8

HISTORY OF

1666.

Portf.Chh. Records.

1674.

HutcTi. Colleflion of Papers, ♦51. 4ra-

meeting-houfe, proceeded to fettle him in regular order. A church confiftinof of nine brethren f was firft gathered ; then, the general court having been duly informed of it, and having fignified their approba- tion, according to the eftablifhed practice, Moody was ordained in the prefcnce of Governor Leverett and feveral of the ma-, giftrates.

The whole attention of the government in England being at this time taken up with things that more immediately con- cerned themfelves, nothing of moment re- lating to Mafon's interefl: was tranfacSted. He became difcouraged, and joined with the heirs of Gorges in propofing an alie- nation of their refped:ive rights in the pro- vinces of New-Hampfhire and Maine to the crown, to make a government for the Duke of Monmouth. The duke himfelf was greatly pleafed with the fcheme, as he had been told that an annual revenue of five thoufand pounds or more might be colleded from thefe provinces. But by the more faithful reprefentations of fome perfons who were well acquainted with the country, he was induced to lay afide the

projeft.

j- •' Jofhua Moody, John Cutts, Ricliard Cutts, Richard Martyn, l^lias Stilemanj

Samuel Haynes, Janr.es Pendleton, John Fletcher, John Tucker.",

NEW-HAMPSHIRE. 119

projed:. Many complaints were made a- 1674. gainft the government of Maflachufetts ; ^■''^^^'^ and it was thought to be highly expedi- ent that more fevere meafures fhould be ufed with them ; but the Dutch wars, and other foreign tranfadiions, prevented any determination concerning them, till the country was involved in all the horrors of a general war with the natives.

CHAP.

J20 HISTORY OF

CHAP. V.

Remarks on the temper and manners of the Indians. The jirjl general ivar ivith them called Philip's %var.

AT the time of the firft dlfcovery of the river Pafcataqua by Captain Smith, it was found that the native inha- bitants of thefe parts differed not in lan- guage, manners, nor government, from their eaftern or weftern neighbours.Though they were divided into feveral tribes, each of which had a diftind: fachem, yet they all owned fubjedlion to a fovereign prince, Smith's called Balhaba, whofe refidence was fome-

Voyage.

where about Pemaquid. It was foon after found that the Tarratenes, who lived far- ther eaftward, had invaded his country, furprized and flain him^ and all the people in his neighbourhood, and carried off his women, leaving no traces of his authority. Upon 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 Gorges's were deftroyed. When Sir Richard Haw- jjanut. p. ]^jj^g vifited the coaft in 1 6 1 ^, this war was

17. 54. ■J '

at

N E W-H A M P S H I R E. 121

at its height ; and to this fucceeded a pe- ftilence, which carried them off in fuch numbers that the Uving were not able to p.-.nces bury the dead ; but their bones remained ^^"j"^^'*' at the places of their habitations for feveral years. During this peftilencc, Richard 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 cabbins, without receiving the leaft injury in their health, " not fo much as ^^^^^^ " feeling their heads to ach the whole p-^^- " time." By fuch fmgular means did di- vine 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 habi- tations on the feveral branches of the river Pafcataqua ; one of their fachems lived at the falls of Squamfcot, and the other at thofeof Newichwannock; their head quar- ters being generally feated in places con- venient for fifhing. Both thefe, together with feveral inland tribes, who refided at Pantucket and Winnipifeogee, acknow- ledged fubjed:ion to Paflaconaway the great fagamore of Pannukog, or (as it is com- Hionly pronounced) Penacook. He excel- led

122 HISTORY OF

led the other fachems in fagacity, dupli- city and moderation ; but his principal quaHfication was" his fkill in fome of the fecret operations of nature, which gave him the reputation of a forcerer, and ex- tended his fame and influence among all the neighbouring tribes. They believed that it was in his power to make water burn, and trees dance, and to metamor- Hift. MafT. phofe himfelf into flame ; that in winter 474. he could raife a green leaf from the afhes

of a dry one, and a living ferpent from the fkin of one that was dead.

An Englifli gentleman who had been much converfant among the Indians was invited, in 1 660, to a great dance and feaft ; on which occafion the elderly men, in fongs or fpeeches recite their hiftories, and deli- ver their fentiments, and advice, to the younger. At this folemnity Paflaconaway, , being grown old, made his farewell fpeech to his children and people ; in which, as a dying man, he warned them to take heed how they quarrelled with their Englifli neighbours ; for though they might do them fome damage, yet it would prove the means of their own defl:ru(ftion. He told them that he had been a bitter enemy to the Englifli, and by the arts of forcery had tried his utmoft to hinder

their

p. 9. ii.

N E W-H A M P S H I R E. i2j

their fettlement and increafe; but could by no means fucceed. This caution perhaps often repeated, had fuch an efFed, that upon the breaking out of the Indian war fifteen years afterward, Wonolanfet, his Hu^bardv fon and fucceflbr, withdrew himfelf and Narramo. his people into fome remote place, that they might not be drawn into the quarrel. While the Britifh nations had been dif- traded with internal convulfions, and had endured the horrors of a civil war^ pro- duced by the fame caufes which forced the planters of New-England to quit the land of their nativity ; this wildernefs had been to them a quiet habitation. They had ftruggled with many hardfhips; but pro-» vidence had fmiled upon their undertak-* ing, their fettlemcnts 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 the fouth-eaft part of Con- necticut: They being totally fubdued in 1637, ^^^ dread and terror of the Englifh kept the other nations quiet for near forty years. During which time the New- England colonies being confederated for their mutual defence, and for maintaining the public peace, took great pains to pro- pagate the gofpel among the natives, and

bring

124 HISTORY OF

bring them to a civilized way of living, which, with refpedt to fome, proved ef- fectual j others refufed to receive the mif- lionaries, and remained obftinately preju- diced againft the Englifh. Yet the objecSt of their hatred was at the fame time the objciSt of their fear; which led them to forbear ads of hoftility, and to preferve an outward fhew of friendship, to their mutual intereft.

Our hiftorians have generally reprefent- cd the Indians in a moft odious light, efpecially when recounting the effed:s of their ferocity. Dogs, caitiffs, mifcreants and hell-hounds, are the politeft names which have been given them by fome wri- ters, who feem to be in a paflion at the Hubbard's mentioning their cruelties, and at other and'" ^''^ times fpeak of them with contempt. What- Magnaiia. Gvcr indulgence may be allowed to thofe who wrote in times when the mind was vexed with their recent depredations and inhumanities, it ill becomes us to cherifh an inveterate hatred of the unhappy na- tives. Religion teaches us a better tem- per, and providence has now put an end to the controverfy, by their almoft total extirpation. We fhould therefore proceed with calmnefs in recolled:ing their paft in- juries, and forming our judgment of their character. It

N E W-H A M P S H I R E. 12,

It muft be acknowledged that human depravity appeared in thefe unhappy crea- tures in a moil (hocking view. The prin- ciples of education and the refinements of civilized life, either lay a check upon our vicious propenfities, or difguife our crimes ; but among them human wickednefs was feen in its naked deformity. Yet, bad as they were, it will be difficult to find them guilty of any crime which cannot be pa- ralleled among civilized nations.

They are always defcribed as remarka- bly cruel; and it cannot be denied that this difpofition indulged to the greateft ex- cefs, ftrongly marks their chara£ter. We are ftruck with horror, when we hear of their binding thevid:im to the ftake, biting off his nails, tearing out his hair by the roots, pulling out his tongue, boring out his eyes, flicking his fkin full of lighted pitch-wood, half roafting him at the fire, and then making him run for their diver- fion, till he faints and dies under the blows which they give him on every part of his body. But is it not as dreadful to read of an unhappy wretch, fewed up in a fackfuU of ferpents and thrown into the fea, or broiled in a red hot iron chair; or mangled by lions and tygers after having fpent his llrength to combat them for the di-

verfion

i>i6 HISTORY OF

verfion of the fpedators in an amphithea- tre? and yet thefe were punifhments a- mong the Romans in the politeft ages of the empire. What greater cruehy is there in the American tortures, than i n confining a man in a trough, and daubing him with honey that he may be ftung to death by wafps and other venomous infefts ; or flea- ing him alive and ftretching out his fkin before his eyes, which modes of punifh- ment were not inconfiftent with the foft- nefs and elegance of the ancient court of Perfia ? or, to come down to modern times ; what greater mifery can there be in the Indian executions, than in racking a pri- foner on a wheel, and breaking his bones one by one with an 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 Euro- pean kingdoms? I forbear to name the torments of the inquifition, becaufe they feem to be beyond the ftretch of human in- vention. If civilized nations, and thofe who profefs the moft merciful religion that ever blefled the world, have pradifed 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

revengeful*

nomy Cii. 19. V. Hi

N E W-H A M P S H I R E. 127

revengeful. When any perfon was killed, the neareft 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 government is confeffedly fo feeble ch^'aj!" as among them, fuch a condud is not juf- Deutero^ tifiable, and even countenanced by the jewifh law may deferve our confideration.

The treachery with which thefe people are juftly charged, is exadly the fame dif- pofition which operates in the breach of folemn treaties made between nations which call themfelyes chriftian. Can it be more criminal in an Indian, than in an European, not to think himfelf bound by promifes and oaths extorted from him when under durefs ?

Th^ir jealoiify and hatred of their En- glilh 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 condud: of fome individuals with whom we are ac~ quainted? and though others of them may be of a different charader, yet wilh not that prudence which is efleemed a virtue, lead us to fufped the fairefl appearances,

as

128 HISTORYOF

as ufed to cover the moft fraudulent de^ figns, efpeclally if pains are taken by the moft politic among us, to foment fuch jealoufies to fubferve their own ambitious purpofes ?

Though the greater part of the Englifh fettlers came hither with religious views^ and fairly purchafed their lands of the In- dians, yet it cannot be denied that fome, efpecially in the eaftern parts of New- England, had lucrative views only ; and from the beginning ufed fraudulent me- thods in trade with them. Such things were indeed difallowed by the government, and would always have been punifhed if the Indians had made complaint : but they knew only the law of retaliation, and when an injury was received, it was never forgotten till revenged. Encroachments , made on their lands, and fraud committed in trade, afforded fufficient grounds for a quarrel, though at ever fo great a length of time ; and kept alive a perpetual jea-i loufy of the like treatment again*.

Such

* Monf! flu Pratz gives nearly tlie fame account of the IndiansH on the MifTiffippi. «' There reeds nothing but prudence and goodfl *' fcn(e to pci Ibade ihefe people to what is reafonable, and to prc- " fcrvetheirfriendfhip without interruption. Wemayfafely affirm, " that the differences we have had with them have been more ow- •' ing to the French than to them. When they are treated info-" " lently, or opprefiively, they have no lefs fenfibility of injuries " than others." Hiftory of LouiCana, lib. 4. cap. J.

iSI E W-H A M P S H 1 R E. 129

Such was the temper of the Indians of 1675. New-England when the firft general war '"''"^^ began. It was thought by the EngHfh in that day, that PhiUp, fachem of the Worn- panoags, a crafty and afpiring man, part- ly by intrigue,and partly by example,excit- ed them to fuch a general combination. He was the fon of Maira{roiet,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 fuc- celTor Alexander, preferved the fame ex- ternal fhew of friendlhip ; but died with choler on being deted;ed in a plot againft them. Philip, it is faid, diffembled his hoftile pupofes; he was ready, on every fufpicion of his infidelity, to renew his fubmiffion, and teftify it even by the de- livery of his arras, till he had fecretiy in- fufed a cruel jealoufy into many of the neighbouring Indians ; which excited them to attempt the recovering their country by extirpating the new poffeflbrs. The plot, it is faid, was difcovered before it w^as ripe for execution; and as he could no longer promife himfelf fecurity under the mafk of friendfhip, he was conftrained to fhew him- felf in his true charader, and accordingly began hoftilities upon the plantation of K Swanzy,

I30 HISTORY OF

1675. Swanzy, in the colony of Plymouth, in ^■^''^^ the month of June 1675.

Notwithftanding this general opinion, it may admit of fome doubt, whether a fmgle fachem, whofe authority was limit- ed, could have fuch an extenfive influence ,,, over tribes fo remote and unconnected with I him as the eaftern Indians; much more improbable is it, that thofe in Virginia fhould have joined in the confederacy, as Narrative, it hath bccu iutimatcd. The Indians ne- ^ ^' "■ ver travelled to any greater diftance than their hunting required ; and fo ignorant were they of the geography of their coun- ; Neai's try, that they imagined New-England Voi.i p,2i! to be an ifland, and could tell the name of an inlet or ftreight by which they fup- pofed it was feparated from the main land^ But what renders it more improbable that Philip was fo adive an inftrument in ex- citing this war, is the conftant tradition among the pofterity of thofe people who lived near him, and were familiarly con- verfant with him, and with thofe of his Indians who furvived the war: which is that he was forced on by the fury of his young men, forely againft his own judg ment and that of his chief counfellors ; and that as he forefaw that the Englifh would,

in

i

N E W-H A M P S H I R E. 131

in time, eftablifh themfelves and extirpate the Indians, fo he thought that the mak- ing war upon them would only haften the deftrudion of his own people. It was al- ways a very common, and fometimes a juft excufe with the Indians, when charg- ed 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 difapproved their rafhnefs* This want of reftraint was owing to the weaknefs of their govern- ment; their fachems having but the fha- dow of magiftratical authority.

The inhabitants of Briftol ihew a parti- caiknder's cular fpot where Philip received the news ccutmy

A -"^ Sermon, p.

of the firft Englifhmen that were killed, 73- with fo much forrow as to caufe him to weep; a few days before which he had irefcued one who had been taken by his Indians, and privately fent him home. Whatever credit may be given to this ac- count, fo different from the current opi- nion, it muft be owned, that in fuch a fea- fon of general confufion as the firft war occafioned, fear and jealoufy might create many fufpicions, which would foon be formed into reports of a general confede- racy, through Philip's contrivance; and it is to be noted that the principal hiftories K 2 of

132 HISTORY OF

1675. of this war, [Increafe Mather's and Hub-' /-^.A^ bard's] were printed in 1676 and 1677, when the ftrangeft reports were eafily cre- dited, and the people were ready to be- lieve every thing that was bad of fo formi-. dable a neighbour as Philip. But as the fad: cannot now be precifely afcertained, 1 fhall 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 enthufiaft, ""aM*!'. a leader in the devotions of their religion, and one that pretended to a familiar inter- courfe with the invifiblc world. Thefe qualifications rendered him a perfon of the higheft dignity, importance and influ- ence among all the eaftern Indians. His fquaw paffing along the river in a canoe, with her infant child, was met by fome rude failors, who having heard that the Indian children could fwim as naturally as the young of the brutal kind, in a thought- lefs and unguarded humour 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 anti- pathy

N E W-H A M P S H I R E. 133

pathy to the Englifh, and employed his 1 675. great art and influence to excite the Indi- "^^^^ ans againft them. Some other injuries were alledged as the ground of the quarrel ; Magnaiia, and, confidering the interefted views and ss- irregular lives of many of the eaftern fet- tlers, their diftance from the feat of go- vernment, and the want of due fubordi- nation among them, it is not improba- ble 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 a6t ; for there had been a long external friendfhip fubfifting between them and the Englifh, and they were afraid of provoking fo powerful neighbours. But the feeds of jealoufy and hatred had been fo effectually fown, that the crafty and revengeful, and thofe who were ambitious of doing fome 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 broke out in the „ ^^ ^

' Hubbard,

moft northeafterly part of the country, at p- 13- the diftance of two hundred miles.

The Englifh inhabitants about the river Kennebeck, hearing of the infurredion in

Plymouth

134 HISTORY OF

1675. Plymouth colony, determined to make ^"""^^ trial of the fidelity of their Indian neigh- bours, by requeuing them to deliver their arms. They made a fhew of compliance ; but, in doing it, committed an ad of vio- lence on a Frenchman, who lived in an Englifh family; which being judged an offence, both by the Englifli and the elder Indians, the offender was feized; but up-? on a promife, with fecurity, for his future good behaviour, his life was fpared, and fome of them confented to remain as hof-^ tages; w^ho foon made their efcape, and joined with their fellows in robbing the houfe of Purchas, an ancient planter at Pechypfcot.

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 i men; and being encouraged by the ex- ample of the weftern Indians, who werei daily making depredations on the colonies. I of Plymouth, and Maffachufetts ; the^ took every opportunity to rob and murder the people in the fcattered fettlements ol the province of Maine; and having dif-^J perfcd themfelves into many fmall parties, that they might be the more extenfiveh

mifchievous^j

N E W-H A M P S H I R E. 135

mifchievous, in the month of September 1675. they approached the plantations at Paf- ^"'"'^^ cataqua, and made their firftonfet at Oyfter river then a part of the town of Dover, but now Durham. Here they burned two houfes belonging to two perfons named Chefly, killed two men in a canoe, and carried away two captives ; both of whom Hubbard, foon after made their efcape. About the ^°^^' fame time a party of four laid in ambufli near the road between Exeter and Hamp- ton, where they killed one, and took an- other, who made his efcape. Within a few days an aifault was made on the houfe of oneTozer at Newichwannock, where- in were fifteen women and children, all of whom, except two, were faved by the intre- pidity of a girl of eighteen. She firll feeing the Indians as they advanced to the houfe, fhut the door and flood againft it, till the others efcaped to the next houfe, which was better fecured. The Indians chopped the door to pieces with their hatchets, and then entering, they knocked her down, and leaving her for dead, went in purfuit of the others, of whom two children, who could not get over the fence, fell into their hands. The adventurous heroine reco- vered, and was perfectly healed of her wound.

The

136 HISTORY OF

1675. The two following days they made fe-< ^yy^ veral appearances on both fides of the rU ver, ufmg much infolence, and burning two houfes and three barns, with a large quantity of grain. Some fhot were ex- changed without efFed:, and a purfuit was made after them into the woods by eight men, but night obliged them to return 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 Do- ver, obtained leave of Major Waldron, then commander of the militia, to try their Hubbard, {^[\\ and courage with the Indians in their own way. Having fcattered themfelves in the woods, a fmall party of them difco- vered five Indians in a field near a defert- ed houfe, fome of whom were gathering corn, and others kindling a fire to roaft it. The men were at fucha 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 fud- denly rufhed upon thofe two Indians, who were bufy at the fire, and knocked them dov/n with the butts of their guns ; the other three took the alarm and efcaped.

AH

p< 22

N E W-H A M P S H I R E. 137

All the plantations at Pafcataqua, with 1675. the whole eaftern 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 fafe- ty. The only way was to defert their ha- bitations, and retire together within the larger and more convenient houfes, which they fortified with a timber wall and flank- arts, placing a centry-box on the roof. Thus the labour of the field was exchang- ed for the duty of the garrifon, and they who had long lived in peace and fecurity were upon their guard night and day, fub- jed; to continual alarms, and the moft fear- ful apprehenfions.

The feventh of Odober was obferved as a day of fafting and prayer ; and on the fixteenth the enemy made an afl"ault upon the inhabitants at Salmon falls, in Berwick. Lieutenant Roger Plaifted, being a man of true courage and ot a public fpirit, imme- diately fent out a party of feven from his garrifon to make difcovery. They fell into an ambufh ; three were killed, and the reft retreated. The Lieutenant then difpatched an exprefs to Major Waldron and Lieutenant Cofiin at Cochecho, beg- ging moft importunately for help, which they were in no capacity to afford, con-

fiftently

138 HISTORY OF

1 675. fiftently with their own fafety. The next

V^v-v^

Hubbard, p. 24-

day Plaifled 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 Plaifced being deferted by his men, and difdaining either to yield or fly, was killed on the fpot, with his eldefl: fon and one more; his other fon died of his wound in a few weeks. Had the heroifm of this worthy family been imitated by the reft of the party, and a reinforcement arrived in feafon, the enemy might have received fuch a fevere check as would have prevent- ed them from appearing in fmall parties. The gallant behaviour of Plaifted, though fatal to himfelf and his fons, had this good effed:, that the enemy retreated to the woods ; and the next day Captain Froft came up with a party from Sturgeon creek, and peaceably buried the dead : But be- fore the month had expired a mill was burned there, and an aifault 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 : theftratagem fucceeded, and the houfe was fayed. The enemy then proceeded down the river, killing and plundering as they

found

N E W-H A M P S H I R E, 139

found people off their guard, till they came 1 6j^, oppofite to Portfmouth ; from whence fome ^-^"^'^^ cannon being fired they difperfed, and were purfued by the help of a light fnow which fell In the night, and w^ere overtaken by the fide of a fwamp, into which they threw themfelves, leaving their packs and plun- der to the purfuers. They foon after did more mifchief at Dover, Lamprey river and Exeter ; and with thefe fmall, but ir- ritating aifaults and fkirmiihes, the autumn was ipent until the end of November ; when the number of people killed and taken from Kennebeck to Pafcataqua a- mounted to upwards of fifty.

The Maflachuietts government being fully employed in defending the loutherii and wefiern parts, could not feafonably fend fuccours to the eafiward. Major General Denifon, who commanded the mi- litia of the colony, had ordered the majors who commanded the regiments on this fide of the country, to draw out a fufncient number of men to reduce the enemy, by attacking them at their retreat to their head-quarters at Ofiapy and Pigwacket. But the winter fetting in early and fiercely, and the men being unprovided with rack- ets to travel on the fnow, which by the tenth of December was four feet deep in

the

U-vxj

140 HISTORY of

1675. the woods, it was impoffible to execute the defign. This peculiar feverity of the fea- foii however proved favourable. The In- dians were pinched with famine, and hav- ing loft by their own confeffion about ninety of their number, partly by the war, and partly for want of food, they were re- duced to the neceffity of fuing for peace. With this view they came to Major Wal- dron, exprefling great forrow for what had been done, and promifmg to be quiet and fubmifhve. By his mediation a peace was concluded with the whole body of eaftern Indians, which continued till the next Au- guft; and might have continued longer, if the inhabitants of the eaftern parts had not been too intent on private gain, and of a difpofition too ungovernable 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 captivity. The war at the fouthward, though re- newed in the fpring, drew toward a clofe. Philip's aff"airs were defperate ; many of his allies and dependents forfook him ; and in the month of Auguft he was flain

Memoirs, by a party under Captain Church. Thofe weftern Indians who had been engaged in

the

1676.

Church's

P>44

N E W-H A M P S H I R E. 141

the war, now fearing a total extirpation, 1676. endeavoured to conceal themfelves among their brethren of Penacook who had not joined in the war, and with thofe of Oflapy and Pigwacket who had made peace. But they could not fo difguife themfelves or their behaviour as to efcape the difcern- ment,^of thofe who had been converfant with Indians. Several of them were taken at different times and delivered up to pub- lic execution. Three of them, Simon, Andrew and Peter, who had been concern- ed 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 ad; of fubmiffion was a fufficient atone- ment for the murder, they were commit- - ted to Dover prifon till their cafe could be confidered. Fearing that this confinement was a prelude to farther punifhment, they broke out of prifon, and going to the eaft- ward, joined with the Indians of Kenne- beck and Amorifcogin in thofe depreda- tions which they renewed on the inhabi- tants of thofe parts, in Auguft, and were afterward active in diftreifing the people at Pafcataqua.

This renewal of hofi;ilities occafioned the fending of two companies to the eaftward

under

142 HISTORY OF

1676. under Captain Jofeph Syll, and Captain ^'•'"'''"^ William Hawthorne. In the courfe of their march they came to Cochecho, on the fixth of September, where four hun- dred mixed Indians were met at the houfe of Major Waldron, with whom they had made the peace, and whom they confider- ed 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 diffuaded them from that purpofe, and contrived the following ftra- tagem. He propofed to the Indians, to have a training the next day, and a Iham fight after the Englilh mode ; and fum- moning his own men, with thofe under Captain Froft of Kittery, they, in conjunc- tion with the two companies, formed one party, and the Indians another. Having diverted them a while in this manner, and caufed the Indians to fire the firft volley ; by a peculiar dexterity, the whole body of them (except two or three) were fur- rounded, before they could form a fufpi- cion of what was intended. They were immediately feized and difarmed, without the lofs of a man on either fide. A fepa- ration was then made : Wonolanfet, with the Penacook Indians, and others who

had

N E W-H A M P S H 1 R E. 143

had joined in making peace the winter be- 1 676. fore, were peaceably difmifled ; but the v^v^^ ftrange Indians, (as they were called) who had fled from the fouthward and taken re- fuge 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 Eng- lifhmen, were condemned and hanged ; the reft were fold into flavery in foreign parts.

This adion was highly applauded by the general voice of the colony; as it gave them opportunity to deal with their ene- mies in a judicial way, as rebels, and, as they imagined, to extirpate thofe trouble- fome neighbours. The remaining Indi- ans, however, looked upon the conduct of Major Waldron as a breach of faith ; inaf- much as they had taken thofe fugitive In- dians under their protedion, and had made peace with him, which had been ftridily 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 mi^ht make peace in one place, and war in another, without any imputation of infidelity ; but a breach of hofpitality andfriendfhip, as they deem- ed

$44 HISTORY 01^

1676. ed this to be, merited, according to theif ^-"^^^"^^ principles, afevere revenge, and was never to be forgotten or forgiven. The major 's fituation on this occafion was indeed ex- tremely critical; and he could not have aded 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 colony; and that in cafe of failure he fhould expofe the country to their re- fentment; but had he not afTifted the forces in the execution of their commiffion,(which was to feize all Indians who had been con- cerned with Philip in the war) he mufthave fallen under cenfure, and been deemed acceflary, by his neglect, to the mifchiefs which might afterward have been perpe- trated by them. In this dilemma he finally determined to comply with the orders and expectations of government; imagining that he fhould be able to fatisfy thofe of the Indians whom he intended to difmifs, and that the others would be removed out of the way of doing any further mif- chief ; but he had no fufpicion that he was laying a fnare 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

N E W-H A M P S H I R E. 145

to a people who, having no public judica- 1 6^6^ tories and penal laws among themfelves, ^"'"'''^ were unable to diftinguifh between a legal punifhment and private malice*.

Two days after this furprifal the forces proceeded on their route to the eaftward, 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 Cochecho, and eight of his people for pilots. The eaftern fettlements were all either deftroyed or deferted, and no enemy was to be feen ; fo that the expe- dition proved fruitlefs, and the companies returned to Pafcataqua. . It was then thought advifeable, that they Ihould march up toward the Oflapy ponds ; where the Indians had a ftrong fort of timber fourteen feet high, with flankarts ; which they had a few years before hired fome Englifh carpenters to build for them, as a defence againfl 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 L the

' The above account of the feizure of the Indians is given from the moft authentic and credible tradition that could be o!.>tained within the lafl: fixteen years, from the pofterity of thofe pcrfons who were concerned in the affair. It is but jufl mentioned by Hubbard and Mather, and not in connexion with its confequenccs. Neal, for want of better information, has given a wrong turn to the relation, and fo has Wynne who copies from him. Hutchinfon has not mentioned it at all.

!46 HISTORYOF ^

1 676. the beginning of winter, fome confiderabfe *"'^^^ 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 companies being well provided for a march at that feafon, fet off on the firft of November ; and after tra- velling four days through a rugged, moun- tainous wildernefs, and croffing feveral rivers, they arrived at the fpot ; but found the fort and adjacent places entirely de- ferted, and faw not an Indian in all the way. Thinking it needlefs for the whole body to go further, the weather being fe- vere, and the fnow deep, a feled: party was I detached eighteen or twenty miles above ;

who difcovered nothing but frozen ponds, and fnowy mountains ; and fuppofmg the Indians had taken up their winter quarters nearer the fea, they returned to Newich- wannock, within nine days from their firft departure. Jj

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 Indians were affembled at Oflapy. This Indian brought with him two men of

Portfmouth,

N E W-H A M P S H I R E. 147

Portfmouth, Fryer and Kendal, who had 1676* been taken on board a veflel at the eaft- '^^^^ ward ; he was deputed 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 if the Indians of the other tribes did not agree to this tranfadion^ and ceafe ho- ftilities, they fhould be deemed and treat- ed as enemies by both parties. This treaty was figned on the fixth of November 5 Mogg pledging his life for the fulfilment of it. Accordingly, veffels being fent to Penobfcot, the peace was ratified by Mado- kawando the fachem, and two captives were reftored. But Mogg, being incau- tioufly permitted to go to a neighbouring tribe, on pretence of perfuading them to deliver their captives, though he promifed to return in three days, was feen no more. It was at firft thought that he had been facrificed by his countrymen, as he pre- tended to fear when he left the veffels ; but a captive who efcaped in January gave 1 677* a different account of him ; that he boaft- v^v^-^ ed of having deceived the Englifh, and laughed at their kind entertainment of him. There was alfo a defign talked of among L 2 them

148 HISTORY OF

1 677. them to break the peace in the fpring, and ^■^"^^ join with the other Indians at the eaftward in ruining the fifhery. About the fame time it was difcovered that fome of the Narrhaganfet Indians were fcattered in the eaftern parts ; three of them having been decoyed 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 fufpec- ted, that the truce would be but of fhort continuance. The treachery of Mogg, who was furety for the performance of the treaty, was deemed a full juftification of the renewal of hoftilities ; and the ftate of things was, by fome gentlemen of Paf- cataqua, reprefented to be fo dangerous^ that the government determined upon a winter expedition. Two hundred men,. including fixty Natick Indians, were en- lifted and equipped, and failed from Bofton the firft week in February, under the com- mand of Major Waldron ; a day of prayer having been previoufly appointed for the fuccefs of the enterprize.

At

N E W-H AM P S H I R E, 149

At Cafco the major had a fmitlefs con- 1677. ference, and a flight fkirmifh with a few ^'^"'^ Indians, of whom fome were killed and wounded. At Kennebeck he built a fort, and left a garrifon of forty men, under the command of Captain Sylvanus Davis. At Pemaquid he had a conference with a com- pany 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 con- ference fhould be renewed in the after- noon, and all arms be laid afide. Some fufpicion of their infidelity had arifen, and when the major went afhore in the after- noon 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 ; charging them with treachery in conceal- ing 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 fhore, the major with his five men fecured the goods : Some of the Indians fnatching up a bun- dle of guns which they had hid, ran away : Captain Froft, who was one of the five, feized an Indian, who was well known to

be

150 HISTORY OF

1 677. be a rogue, and with Lieutenant Nutter, ^■"^ carried him on board. The major fearch- ing 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 beibre they could recover their ca- noes, and after they had pufhed off, funk one with five men, who were drowned ; and took four prifoners, with about a thou- fand pounds of dried beef, and fome other plunder. The whole number of the In- dians was twenty-five.

Whether the cafual difcovery of their arms, which they had agreed to lay afide, was fufficient to juftify this feverity, may be doubted; fince, if their intentions had really been hoftile, they had a fine oppor- tunity of ambuftiing or feizing the major and his five attendants, who came afhore unarmed ; and it is not likely that they would have waited for the reft to come aftiore before they opened the plot. Pofli- bly, this fudden fufpicion might be ground-. lefs,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

Kennebeckjj

N E W-H A M P S H I R E. 151

Kennebeck, which they took with them. 1 677. They killed two Indians on Arrowfick ^-^"^^"^ Ifland, who, with one of the prifoners taken at Pemaquid, and fhot on board, made the number of Indians killed in this expedition thirteen. They returned to Bofton on the eleventh of March, with- out the lofs of a man, bringing with them the bones of Captain Lake, which they found entire in the place where he was killed*

There being no profpe(fl of peace at the eaftward, it became neceffary to maintain great circumfpedlion and refolution, and to make ufe of every pofTible advantage againft the enemy. A long and invete- rate animofity 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 ftate of friendfhip with their Englifh neighbours; and being a fierce and formidable race of men, their name carried terror wherever

it

* Here en Js Hubbard's printed narrative. The account of the remainder of this war is taken from his MS hirtory, from fundry original letters, and copies of letters, and from a MS journal found in Prince's colleftion, and fuppofed to have been written by Cap- tftin Lawrence Hammond of Charie(lown.

152 HISTORY OF

1677. it was known. It was now thought, that ^-'■"'''^^ if they could be induced to prolecute their ancient quarrel with the eaftern Indians, the latter might be awed into peace, or incapacitated for any farther mifchief. The propriety of this meafure became a fubje£t of debate; fome quelHoning the lawful nefs of making ufe of their help, " as they were heathen ;" but it was urged in reply, that Abraham had entered into, Genefis, ^ confcdcracy with the Amorites, among whom he dwelled, and made ufe of their affiftance in recovering his kinfman Lot from the hands of their common enemy. With this argument the objedors were fatisfied; and the two meffengers. Major Pynchon of Springfield, and Richards of Hartford were difpatched to the country of the Mohawks ; who treated them with great civility, expreffed the moft bitter Hubbard's hatred againft the eaftern enemy, and ry. ^' ° promifed to purfue the quarrel to the ut- moft 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 Wono- lanfet being hunting, difcovered fifteen Indians on the other fide, who called to him in a language which he did not un-

derftand j

N E W-H A M P S H I R E, 153

derftand; upon which he fled, while they 1677. fired near thirty guns at him without efFed:. v-tvnJ Prefently after this they were difcovered in the woods about Cochecho. Major Waldron fent out eight of his Indians whereof BHnd Will was one, for farther information. They were all furprized to- gether by a company of the Mohawks; nai, Mard» two or 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 confluence of Cochecho and liing- glafs rivers, which fl:ill bears the name of Blind Will's Neck. This fellow was judged to be a fecret enemy to the Englifli, though he pretended much friendihip and refpect ; 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 firfl: Hubbard's thought a fortunate circumftance that he wts killed in this manner; but the con- . fequence proved it to be otherwife; for two of thofe who were taken with him efcaping, reported that the Mohawks threatened deftrudion to all the Indians Msjour- in thefe parts without diftindion : So that "^ ' thofe who lived in fubjedion to the En-

gliih

154 HISTORY OF

1 677. glifh grew jealous of their fincerity,and Ima- '"■''"^''^^ gined, not without very plaufible ground, that the Mohawks had been perfuaded or hired to engage in the war, on purpofe to deftroy them ; (ince they never actually exercifed their fury upon thofe Indians who were in hoftility with the Englifh, but only upon thofe who were in friend- fhip with them; and this only in fuch a degree as to irritate, rather than to weak- en or diftrcfs them. It cannot therefore be thought ftrange that the friendly In- dians were alienated from their Englifh neighbours, and difpofed to liften to the reducing ftratagems of the French; who in a few years after made ufe of them, in conjunction with others, forely to fcourge thefe unhappy people. The Englifh, in reality, had no fuch defign; but the event proved, that the fcheme of engaging the Mohawks in our quarrel, however lawful in itfelf, and countenanced by the exam- ple of Abraham, was a pernicious fource of innumerable calamities. ♦

The terror which it was thought this incurfionof the Mohawks would flrike in- to the eaflern 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 furprized

by

N E W-H A M P S H I R E. 155

by an ambufh, as they were attempting 1677. to bury the dead bodies of their friends, ^-^^"^^^ who had been killed the fummer before, and had lain under the fnow^ all winter. Hubbard's The remainder of that garrifon were then ^^* taken off and conveyed to Pafcataqua; whither a company of fifty men and 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 houfes in Wells, Kittery, and within the bounds of Portfmouth*. A young woman who was taken from Raw- ling's houfe, made her efcape and came into Cochecho, informing where the enemy lay : Three parties were difpatched to am- bufh three places, by one of which they ^^ muft pafs : The enemy appearing 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 Black Point were befet, and at the lat- ^^^ "*' ter place the enemy loft their leader Mogg,

who

* The following extraft from the before mentioned journal, fliews fomething of the fpirit of the times,

" April 16. The houfe of John Kcnifton was burnt andhckilled " at Greenland. The Indians are Simon, Andrew, and Peter, " thofc three we had in prifon, and Ihould have killed. The good <" Lord pardon us."

156 HISTORY OF

1677. who had proved fo treacherous a negocia-

^^"^ tor. Upon his death they fled in their

canoes, fome to the eaftward and others

toward York, where they alfo did fome

May 27. mifchief. On a fabbath morning, a party of twenty, under the guidance of Simon, furprized fix of our Indians, who lay drunk in the woods, at a fmall diftance from Portfmouth ; they kept all day hovering about the town, and if they had taken ad- vantage of the people's abfence from home, in attending the public worfhip, they might eafily have plundered and burned the out-

Ms Letter moft lioufcs ; but they were providentially

Moody. reltrained. At night they crofled the ri- ver at the Long Reach, killed fome fheep at Kittery, and then went toward Wells ; but, being afraid of the Mohawks, let their

June 13. prifoners go. Four men were foon after killed at North Hill, one of whom was Edward Colcott, whofe death was much regretted.

More mifchief being expefted, and the caftern fettlements needing affiftance, the government ordered two hundred Indians of Natick, with forty Englifh foldiers, under Captain Benjamin Swett of Hamp- ton, and Lieutenant Richardfon, to march to the falls of Taconick on Kennebeck river ; where it was faid the Indians had

fix

N E W-H A M P S H 1 R E. I57

fix forts, well furnifhed with ammunition. 1 677. The veflels came to an anchor off Black v>v%^ Point; where the captain being informed ^"^'^' that fome Indians had been feen, went on fhore with a party ; and being joined by fome of the inhabitants, fo as to make a- bout ninety in all, marched to feek the enemy; whofhewed 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 moflly young and unexperienced foldiers. Swett, with a few of the more refolute, fought bravely on the retreat, till he came near the fort, when he was killed ; fixty ms Lettw more were left dead or wounded, and the oookin of reft got into the fort. The vidlorious fa- "='"^p^''"' vages then furprized about twenty fifhing veflels, which put into the eaftern harbours by night ; the crews, not being apprehen- five of danger on the water, fell an eafy prey to them. Thus the fummer was fpent Hubbard's with terror and perplexity on our part ; while the enemy rioted without control, till they had fatiated their vengeance, and greatly reduced the eaftern fettlements.

At

MS Hia.

158 HISTORY OF

1677. At length, in the month of Auguriy

Kyy^J

Major Androffe, governor of New-York^ fent a floop with fome forces to take pof- feffion of the land which had been grant- ed to the Duke of York, and build a fort at Pemaquid, to defend the country againft the encroachment of foreigners. Upon their arrival the Indians appeared friendly ; and in evidence of their pacific difpofition, reftored fifteen prifoners with the fifhing veflels. They continued quiet all the fuc- ceeding autumn and winter, and lived in harmony with the new garrifon. jg_g^ In the fpringj Major Shapleigh of Kit- v^'w-' tery , Captain Champernoon and Mr. Fryer of Portfmouth, were appointed commiffi- oners to fettle a formal treaty of peace MS Jour- with Squando and the other chiefs, which nai, April ^^^ ^^^^ ^^ Cafco, whithcr they brought the remainder of the captives. It was fti- pulated 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 ac- knowledgment to the Indians for the pof- fefTion of their lands, and one bulhel for Major Pendleton, who was a great pro- prietor. Thus an end was put to a tedious and diftrefling war, which had fubfifted three years. The terms of peace were dif-

graceful.

N E W-H A M P S H I R E. i^g

graceful, but not unjuft, confidering the 1678.

S-r-N-V-*

former irregular condu<fl: of many of the eaftern fettlers, and the native propriety of the Indians in the foil : Certainly they were now mafters of it ; and it was entire- ly at their option, whether the Englifh fhould return to their habitations or not. It was therefore thought better to live peaceably, though in a fort of fubjedion, than to leave fuch commodious fettlements and forego the advantages of trade and fifhery, which were very confiderable, and by which the inhabitants of that part of the country had chiefly fubfifted.

It was a matter of great enquiry and fpeculation how the Indians were fupplied with arms and ammunition to carry on this war. The Dutch at New- York were Hubbardv too near the Mohawks for the eaftern In- Narrative, dians to adventure thither. The French ^' ^*° in Canada were too feeble, and too much in fear of the Englifh, 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 for- merly been fevere penalties exacted by the government, on the felling of arms and ammunition to the Indians 5 but ever

fince

i6o HISTORY OF

1678. fince 1657, licences had been granted to ^-'"^'"^ particular perfons to fupply them occafion- ally for the purpofe of hunting, on pay- ing an acknowledgment to the public trea- fury. This indulgence, having been much abufed by fomeof the eaftern traders, who, Sph's far from the feat of government, were im- bl^HS. patient of the reftraint of law, was fup- coi. papers, pQf^j ^q be thc fource of the mifchief. But it was afterward difcovered that the Baron de St. Cafline, a reduced French of- ficer, who had married a daughter of Ma- dokawando, and kept a trading houfe at Penobfcot, where he confidered himfelf as independent, being out of the limits of any eftablilhed government, was the perfon from whom they had their fupplies ; which needed not to be very great as they always hufbanded their ammunition with much ihid,r.56z. care, and never expended it but when ihey were certain of doing execution.

The whole burden and expence of this war, on the part of the colonies, were borne by themfel ves. It was indeed thought llrange by their friends in England, and refented by thofe in power, that they made no ap- plication to the king for affiftance. It was intimated to them by Lord Anglefey ' that Hiitchin. < his maiefty was ready to allifi: them with

Hift. vol. /I • . . . w

».p.309- ' ihips, troops, ammunition or money, if

« they

]S[ E W-H A M P S H I R E. i6i

. *^ they would but afk it;* and their filence 1 678. \v-as conftrued to their difadvantage, as if ^^-'"^'"'^ they were proud, and obftinate^ and de- fired to be confidered as an independent ftate. They had indeed no inclination to afk favours from thence; being well aware of the confequence of laying themfelves ■ under obligations to thofe who had been '.feeking to undermine their eftablifhment; - and remembering how they had been ne- ' gleded in the late Dutch wars, when they , flood in much greater need of affiftance : -The king had then fent ammunition to New-York, but had fent word to New- „ .

' Hutch.

: England, ' that they muft fhift for them- coi.pap. ' felves and make the heft defence they * could.' It was therefore highly injuri- ous to blame them for not making ap- -plication for help. But if they had not : beenfo ill treated, they could not be charg- ed with difrefpeCt, 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 pro- pofmg to fend them. Ammunition and money were neceflary, but as they had long enjoyed a free trade, and had coined the bullion which they imported, there wasnofcarcitypf money, nor of any ftores M ' which

i62 HISTORY OF

1678. which money could purchafe. The me- ^"""^^ thod of fighting with Indians could be | learned only from themfelves : After a little experience, few men in fcattered parties were of more fervice than the largeft and beft equipped armies which Europe could have afforded. It ought ever to be \ remembered for the honor of New-Eng- land, that as their firft fettlement, fo their prefervation, increafe, and defence, even ^ in their weakeft infancy were not owing to any foreign afliftance, but under God, to their own magnanimity and perfeve- rance.

Our graveft hiftorians have recorded j many omens, predidions, and other alarm- ing circumftances, during this and the Pe- quod war, which in a more philofophical and lef& credulous age would not be wor- thy of notice. When men's minds were rendered gloomy by the horrors of a fur- roundino- wildernefs, and the continual apprehenfion of danger from itsfavage in- ; habitants ; when they were ignorant of the caufes of many of the common ap- , pearances in nature, and were difpofed ta' refolve every unufual appearance into pro- digy and miracle, it is not to be wonder- j ed that they fhould imagine they heard | the noife of drums and guns in the air, I

and ,

i

N E W-H A M P S H 1 R E. 163

and faw flaming fwords and fpears in the 1678* heavens, and fhould even interpret ecUpfes ^""^^^ as ominous. Some old Indians had inti- mated their apprehenfions concerning the increafe of the EngUih, and the diminu- tion of their own people, which any rati- onal obferver in a coarfe of forty or fifty years might eafily have foretold, without the leaft pretence to a fpirit of prophecy ; yet thefe fayings were recolleded, and re- corded, as fo many predictions by force of a fupernatural impulfe on their minds, and many perfons of the greateft diftindion. were difpofed to credit them as fuch. Thefe things would not have been men- ' tioned, but to give ajuft idea of the a^e : If mankind are now better enlightened, fuperftition is the lefs excufeable in its re- maining votaries.

Ma CHAP.

164. HISTORY OF

CHAP. VI.

MafofLS renetved ejforts. Randolph's mif-

Jion andtranfa5iions. Attempts for tht

trial of Ma/mi's title. Neuu-HampfhiJ e

feparated from MaJfachufettSy and made

a royal pro'vince. AbJiraB of the com"

; miffion* Remarks on it.

i5yr \T-7 HILE the country was labouring

o^^J i' / under the perplexity and diftrefs

^ arifmg from the war j. meafures were taking

,in England to increafe their difficulties

and divide their attention. 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 folicitor general

Sir Francis Winnington, who reported that

May 17. " John Mafon, efq. grandfather to the pe-

" titioner, by virtue of feveral grants from

" the council of New- England under their

" common feal was inflated in fee in fun-

" dry great trad:s of land in New-England,

" by the name of New-Hamplliire ; and

MS Copy " that the petitioner being heir at law to

Court files. " thc faid Johu had a good and legal title

" to

N E W-H A M P S H I R E.

^^i

^ to faid lands.'* "Whereupon a letter was 1-676. difpatched to the MaiTachufetts colony, ^-^w; requiring them to fend over agents with- in fix months, fully impow^ered to anfwer the complaints, which Mafon and the heirs of Gorges had made, of their ufurping jurifdidiion over the territories claimed by them ; and to receive the royal determi- nation in that matter. Copies of the com- plaints were inclofed j and Edward Ran- ^ dolph, a kinfraan of Mafon, a man of great addrefs and penetration, refolute and in- defatigable in bufmefs, was charged with the letters, and direded by the Lords of Trade to make enquiry into the ftate of the country. When he arrived, he v^aited on !""« 10. Governor Leverett, who read the king's letter with the petitions of Mafon and Gorges in council, Randolph being pre- fent, who could obtain no other anfwer than that " they would confider it."

He then came into New-Hamp(hire, and as he paiTed along, freely declared the bufinefs on which he was come, and pub- licly read a letter which Mafon had fent to the inhabitants. 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 inhabitants of Dover in public

town-

Hutch'in, col. pap. p. 504-

July-

i66 HISTORY OF

1 676. town-meeting * protefted agalnft the claini ^^^^ ' of Mafon ; declared that they had bona ' fide purchafed their lands of the Indians j ' recognized their fubjediion to the go- ' vernment of Maffachufetts, under whom ' they had lived long and happily, and by

* whom they were now affifted in defend-- ' ing their eftates and families againft the

* fava.ze enemy.* They appointed Major Waldron " to petition the king in their ?' behalf, that he would interpofe his royal " authority and afford them his wonted " favor ; that they might not be difturb- ^' ed by Mafon, or any other perfon, but

_ ^ ^' continue peaceably in poffeffion of their

Dover Re- . ^ •' ^

cords. " rights under the government of Maffa-

" chufetts." A fimilar petition was fent

rortfmou. by the inhabitants of Portfmouth, who ap-

sepTi!' pointed John Cutts and Richard Martyn, efqrs. Captains 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 endeavour^ ing to raife difcontent among the people. To which he made no other anfv/er than

Hutchin. ^i^^j. t if j^e j^ad done amifs, they might

p-510- ^ complain to the king.'

After about fix weeks flay, he went back to England and reported to the king, that

*'he

i(

iC

N E W-H A M P S H I R E. 167

" he had found the whole country com- 1 6'-]6» *' plaining of the ufurpation of the magi- '"^'^^ *' ftrates of Bofton ; earneftly hoping and

exped:ing that his majefty would not *' permit them any longer to he opprefled; ** but would give them relief according

to the promifes of the commiffioners in *' 1665." With the fame bitternefs of temper, and in the fame flrain of mifre- prefentation, he inveighed againft the go- vernment in a long report to the Lords of Trade ; which farther inflamed the pre- judice that had long been conceived 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 churches were prefent, the queftion was propofed to them " whether the beft *' way of making anfwer to the complaints *' of Gorges and Mafon about the extent " of their patent, be by fending agents, ** or by writing only ?" To v/hich they anfwered, " That it was moft expedient '' to fend agents, to anfwer by way of in- *' formation, provided they were inftrud:- ** ed with much care and caution to nego- *' ciate the affair with fafety to the coun- ** try, and loyalty to his majefty, in the ** prefervation of their patent liberties."

Accordingly

?68 HISTORYOF ^

1676. Accordingly William Stoughton, after-: ^^^r^ ward lieutenant-governor, and Peter Bulk-

mtvoi ley then fpeaker of the houfe of deputies, I- p- 311- were appointed agents and failed for Eng- land,

1677. -^t their arrival an hearing was ordered ^^^^^ before the lords chief juftices of the king's

bench and common pleas; when the agents Narrative in the namc of the colony difclaimed all ^-itie, p" 5 title to the lands claimed by the petitioner, and to the jurifdidion beyond three miles northward of the river Merrimack, to folr low the courfe of the river, fo far as it ex-, tended. The judges reported to the king ' that they could give no opinion as to the ' right of foil, in the provinces of New- ^ Hampfhire and Maine, not having the ^ proper parties before them ; it appearing

* that not the Maflachufetts colony, but ^ the ter-tenants had the right of foil, and *: whole benefit thereof, and yet were not

* fummoned to defend their titles. As to

* Mafon's right of government within the ' foil he claimed, their lordfhips, and in- ' deed his own counfel, agreed he had ^ none ; the great council of Plymouth,

* under whom he claimed, having nopow-

* er to transfer government to any. It Hntciiiri, ' '^^^ determined that the four towns of li'?/"^' * Portfmouth, Dover, Exeter and Hamp-'

' toa

N E W-H A M P S H 1 R E. 169

* ton were out of the bounds of Maffachu- 1 677.

* fetts.' This report was accepted and '"''''^ confirmed by the king in council.

After this, at the requeft of the agents, 1679. Sir WiUiam Jones the attorney general v^/^j drew up a complete ftate of the cafe to be ^'''^- ^^' tranfmitted to the colony ; by which it feems that he had altered his opinion fmce the report which he gave to the king in 1675, concerning the validity of Mafon's i^^p"^. ^Ij.' title. It was alfo admitted that the title Gould be tried only on the place, there be- ing no court in England that had cogni- zance of it.

It became neceffary then to the eftablifh- ment of Mafon's title, that a new jurif- diiSion fhould be ereded, in which the king might dired the mode of trial and appeal at his pleafure : This beini^ refolved upon, the colony of Mafiachufetts was in- formed, by a letter trom the fecretary of juiy j^. ftate, of the king's intention to feparate JNew-Hamplhire irom their government, coi. pap. and required to revoke all commiffions ■^"' which they had granted there, and which were hereby declared to be null and void. To prevent any extravagant demand, the king obiiged the claimant to declare, un- der his hand and feal, that he would re- quire no rents of the inhabitants for the

time

I70 HISTORY OF

1679. time pafled, before the twenty fourth of ^-''^'^^ June 1679, nor moleft any in their pof- feflions for the time to come; but would make out titles to them and their heirs for- ever, provided they would pay him fix- pence in the pound, according to the year- ly value of all houfes which they had built and lands which they had improved. Things being thus prepared, a commif- Commifli- Cjqj^ pafled the great feal on the eighteenth of September for the government of New- Hampfhire; which ' inhibits and refl:rains

* the jurifdidion exercifed by the colony

* of Maflachufetts over the towns of Portf-

* mouth, Dover, Exeter and Hampton,

* and all other lands extending from three

* miles to the northward of the river Mer- ' rimack and of any and every part there-

* of, to the province of Maine; conftitutes ' aprefident and council to govern the pro- ' vince; appoints John Cutts,efq.prelident,

* to continue one year and till another be

* appointed by the fame authority; Rich- ' ard Martyn, William Vaughan, and ' Thomas Daniel of Portfmouth, John

* Oilman of Exeter, Chriftopher Hufleyof ' Hampton and Richard Waldron ofDo- ' ver,efquires, to be of the council,who were ' authorifed to choofe three other qualified

* perfons out of the feveral parts of the

* province

N E W-H A M P S H I R E. 171

* province to be added to them. The faid 1 679.

* prefidentand every fucceeding one to ap- ^-^v^

* point a deputy to prefide in his abfence; ^ the prefident or his deputy with any five ' to be a quorum. They were to meet at

* Portfinouth in twenty days after the ar- ' rival of the commiffion and pubHfh it. ' They were conftituted a court of record

* for the adminiftrationof juftice, accord- ^ ing to the laws of England, fo far as cir-

* cumftances would permit; referving a

* right of appeal to the king in council for

* actions of fifty pounds value. They ^ were impowered to appoint military offi- ^ cers, and take all needful meafures for

* defence againft enemies. Liberty of ' confcience was allowed to all proteftants, ' thofe of the church of England to be

* particularly encouraged. For the fupport ' of government they were to continue

* tiie prefent taxes, till an affembly could ' be called; to which end they were with- ' in three months to iffue writs under the ^ province feal, for calling an aiTembly,

* to whom the prefident fhould recommend « the paffing fuch laws as fliould efiablifii ^ their allegiance, good order and defence, ' and the raifing taxes in fiich manner and ^ proportion as they Ihould fee fit. All ^ laws to be approved by the prefident and

' council,

172

1 679-

HISTORY O^

* council, and then to remain in force tilt

* the king's pleafure fhould be known, for

* which purpofe they fhould be fent to

* England by the firft fhips. In cafe of

* the prefident's death, his deputy to fuc-

* ceed, and on the death of a counfellor,

* the remainder to eled another, and fend ' over his name, with the names of two ' other meet perfons, that the king might

* appoint one of the three. The king en-

* gaged for himfelf and fuccefTors to con- ' tinue the privilege of an aifembly, in the ' fame manner and form, unlefs by in- ' convenience arifmg therefrom he or his ' heirs fhould fee caufe to alter the fame. ' If any of the inhabitants fhould refufe

* to agree with Mafon or his agents, on

* the terms before mentioned, theprefident ' and council were dired:ed to reconcile

* the difference, or fend the cafe ftated in

* writing with their own opinions, to the

* king, that he with his privy council might

* determine it according to equity.'

The form of government defcribed in this commiffion confidered abftrad:edly from the immediate intentions, charad:ers, and connexions of the perfons concerned, appears to be of as fimple a kind as the nature of a fubordinate government and the liberty of the fubjed can admit. The

peoples

N E W-H A M P S H I R E. 175

people, who are the natural and original 1679. fource of power, had a reprefentation in ^'^^^'^^'^ a body chofea by themfelves ; and the king was reprefented by a prefident and coun- cil of his own appointment ; each had the right of intruding their reprefentative, and the king had the fuperior prerogative of difan nulling the ads of the whole at his pleafure. The principal blemifh in the commiflion was the right claimed by the king of difcontinuing the reprefentation 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 confift- ent with himfelf, parliaments being his averfion. However, there was in this plan as much of the fpirit of the Britifh conftitution as there could be any founda- tion for in fuch a colony; for here was no third branch to form a balance between the king or his reprefentative, and the peo- ple. The inftitution of an houfe of peers in Britain was the refult of the feudal fyf- tem : the barons being lords of the foil and enjoying a fovereignty within their own territories and over their own vaffals; the conftitution was formed by the union

of

174 HISTORY OF

1 679. of tliefe dlftind eftates under one common *""^^^ fovereign. But there was nothing fimilar to this in New-England. The fettlements began here by an equal diviiion of pro- perty among independent freemen. Lord- fhip and vaflal age 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"' appointed by him or chofen by the people could not form a diftindt body, becaufe they could not be independent. Had fuch a fimple form of colony government been more generally adopted, and perfevering^ ly adhered to, and adminiftered only by the moll delicate hands, it might have ferved better than any other, to perpetuate the dependence of the colonies on the Bri- tifh crown.

CHAPJ

Council Rec.

Fitch'sMS.

N E W-H A M P S H I R E. 175

CHAP. VII.

The adminijiration of the firfi council Op- pojition to the acts of trade. Mafon^s arrival Oppofition to him. His de^ parture. State of trade and nanjigation.

THE commiffion was brought to Portf- 16800 mouth on the firft of January by Ed- ward Randolph, than whom there could not be a more unwelcome meflenger. It was re- chived with great reludance by the gentle- men therein named ; who, though they were of the firft character, intereft and in- fluence, and had fuftained the principal offi- ces civil and military under the colony go-» vernment*; yet eafily faw that their ap- pointment

* The prefidcnt JohjiCutts was a principal merchant, of great probity anJefteem in Portlr\ioiuh; but now aged and infirm.

Richard Martyn, was of good cbarafter, and great influence. He had been very active in procuring the fettlcment of a nninifter in the town of Portfmouth.

WtllJam Vattghan, was a wealthy merchant, generous and public fpirited, and of undaunted refolution. He was of Welch extraclion, but was bred in London under Sir Jofiah Child, who had a great regard for him, and whofe intereft he made ufe of for the good of the province.

Thomas Daniel wils^ ptrfon of fuch note and importance, that when he died in a time of general ficknefs and mortality, Mr. Moody preached his funeral feimon from a Sam. ii. 30. " There " lacked of David's fervaots, nineteen men and Afabel" (Fitch's MS.)

John Gilman was a principal man in Exeter, as was Chrljlopher Hfjfey, in Hampton.

Richard JValdron, was a native of Somerfetfliire, and one of the firft fcttlers in Dover. He was n»uch rcfpedled and eminently ufc- ful, having fuftained divers important offices civil and military, and approved his courage and fidelity in the moU hazardous en- terprises.

176

i68o.

Council Rec.

HISTORY OF

polntment was not from any refpecl to them or favour to the people ; but merely to obtahi a more eafy introdudion 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 acting in their new capacity ; but confidering the temper 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 qualify themfelves, determining to do what good, and keep off what harm they were able. They therefore publifhed the commifTion, and took the oaths on tlie twenty fecond day of January, which was beyond the utmofl; time limited in the commiffion. Agreeably to the royal di- redion they chofe three other gentlemen into the council; Elias Stileman of Great Ifland, who had been a clerk in the coun!- ty courts, whom they now appointed fe- cretary, Samuel Dalton of Hampton and Job Clements of Dover. The prefident nominated Waldron to be his deputy or vice prefident, Martyn was appointed trea- furer, and John Roberts, marfhal.

This,

N E W-H A M P S H I R E.

177

This change of government gratified 1680, the difcontented few, but was greatly dif- ^^^'^ relifhed by the people in general ; as they faw themfelves deprived of the privilege of choofing their own rulers, which was ftill enjoyed by the other colonies of New- England, and as they exped:ed an invafion of their property foon to follow.

When writs were ilTued for calling a ge^ neral aflembly the perfons in each town who were judged qualified to vote were named in the writs'* ; and the oath of al- legiance was adminiftered to each voter. A public fail was obferved, to afk the di- Feiuu. «« vine bleffing on the approaching aflembly and " the continnaance of their precious " and plefi.i:*nt things." The aflembly f met at Portfmouth on the fixteenth of March, and was opened with prayer and a fermon by Mr. Moody,

N To

* The number of qualified voters in each town vtras, In Portfmouth 71

Dovet 6t

Hampton 57

Exeter ao *

f The deputies in this firfl aftembly were,

For Portfmouth. Hampton.

Robert Eliot, Anthony Stanyon^

Philip Lewis, Thomas Marflon,

John Pickering. Edward Gove.

Dover. Exeter,

Peter Coffin, Bartholomew Tippin,

. Anthony Nutter, Ralph Hall. Richard Waldron, jun.

HISTORY OF

To exprefs their genuine fentiments of the prefent change, and invalidate thefalfe reports which had been raifed againftthem, as well as to fliew their gratitude and re- fpe£t to their former protestors, they wrote to the general court at Bofton, " acknow- " ledging the krndnefs of that colony in " taking them under their protection and " ruling them well ; afluring them, that " it was not any diffatisfaStion with their *' government, but merely their fubmiffion " to divine providence and his majefty*s *' commands, without any feeking of their " own, which induced them to comply " with the prefent feparation, which they " fhould have been glad had never taken " place ; fignifying their dtrire that a " mutual correfpondence might he conti- " nued for defence againft the common Council « enemy, and offerinp; their fervice when

{Accords* .

" it fhould be neceflary*.'*

Their next care was to frame a code of laws, of which the firft, conceived in a ftyle beceoming freemen, was " that no

" ad:^

* This letter fully fhews the abfurdity of the reafon affignedby Douglas in his Summary, vol. II. ])age 28, for the ere<fting this new government. "The proprietors and inhabitants of New- " Hamplhire not capable of prote£tiiig themfelves againft the Ca- " na<la French and their Indians, defired of the crown to take " them under its immediate protection." A random afTertion, unfupportcd by any proof and contrary to plain faft ! The crown could afford them no prote£lion againft Indians. With theFrcnclt the crown was in alliance, and the nation was at peace.

N E W-H A M P S H I R E. 179

^' ad, impofition, law or ordinance fhould 1680* " be made or impofed upon them, but ^^""^^ " fuch as fhould be made by the affembly " and approved by the prefident and coun- " cil.'* Idolatry, blafphemy, treafon, re^ bellion, wilful murder, manilaughter, poifoning, witchcraft, fodomy, beftiality, perjury, man-ftealing, curfmg and rebel- ling againft 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 conten-* tions that might arife by reafon of the late change of government, all townfhips and grants of land were confirmed, and ordered to remain as before ; and contro- verfies about the titles of land Were to be determined by juries chofen by the feveral towns, according to former cuflom. The prefident and council with the affembly were a fupreme court of judicature, with a jury when defired by the parties; and three inferior courts were conftituted at Dover, Hampton and Portfmouth. The military arrangement was, one foot com- MSLaws. pany in each town, one company of artil- lery at the fort, and one troop of horfe, all under the command of Major Waldron. During thisadminiftration, things went on as nearly as poffible in the old channel, N 2 and

I So

HISTORY OF

1680.

March 23.

Council Records & Files.

and with the fame fpirlt, as before the re- paration. A jealous watch was kept over their rights and privileges, and every en- croachment upon them was withftood to the utmoft. The duties and reftridions eftablifhed by the acts of trade and navi- gation were univerfally difguftful, and the more fo as Randolph was appointed col- le6T:or, furveyor andfearcherof thecuftoms throughout New-England. In the exe- cution of his commiffion he feized a ketch belonging to Portfmouth, but bound from Maryland to Ireland, which had put into this port for a few days. The mafler Mark Hunking, brought an adion 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 afk their pardon. He appealed from their judgment to the king; but what the iflue was doth not appear. Having con- | ftituted Captain Walter Barefoote his de- | puty at this port, an advertifement was publiihed requiring that all veflels fhould be entered and cleared with him. Upon which Barefoot was brought to examina- tion, and afterward indicted before the

prefident

N E W-H A M P S H I R E. i8i

prefident and council, for * having in ari '"^^ : 1 • 1 1 r r . i68o.

' high and preiumptuous manner let up ^^^^.^^^ ^j.

* his majefty's office of cuftoms without

* leave from the prefident and council; in

* contempt of his majefty*s authority in

* this place; for difturbing and obftrud-

* inghis majefty's fubje£ts in pafTmgfrom

* harbour to harbour^ and town to town; ' and for his infolence in making- no other ' anfwer to any queftion propounded to ' him but " my name is Walter." He was fentenced to pay a fine often pounds, and Hand committed till it was paid. But though Randolph's authority was denied, yet they made an order of their own for the obfervation of the ads of trade, and appointed officers of their own to fee them executed. They had been long under the Maflachufetts government, 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 froiii the crown could ' be regularly exercifed in the province but through their commiffion. In this they reafoned agreeably not only to their former principles, but to their fundamental law,

to which they fteadily adhered, though they had no^eafon to think it would be

allowed

i82 HISTORYOF

1680. 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, f But they were not lingular in thefe fenti- ments, nor in their oppofition to the laws of trade. Randolph was equally hated, and his commiffion neglected at Bofton;.' where the notary refufed to enter his

Mss in proteft againft the proceedings of the court ; and he was obliged to poft it on the exchange.

In the latter end of the year Mafon ar-

Dcc. 30. rived from England with a mandamus, re- quiring the council to admit him to a feat

1 68 1 . at the board, which was accordinlgy done. He foon entered on the bufinefs he came about; endeavouring toperfuade fome of the people to take leafes of him, threaten^' ing others if they did not, forbidding them to cut fire-wood and timber, afferting his right to the province and afluming the title of lord-proprietor. His agents, or ftew-^! ards as they were called, had rendered | themfelves obnoxious by demanding rents of feveral perfons and threatening to fell their houfes for payment. Thefe proceed- ings raifed a general uneafmefs; and pe- titions were lent from each town, as well ^s from divers individuals, to the council

for

V.X-V-V-/

N E W-H A M P S H I R E. 185

for protedion ; who taking up the matter 1 68 1* judicially publilhed an order prohibiting '-'■^-■^ Mafon or his agents at their peril to re- peat fuch irregular proceedings, and de- claring their intention to tranfmit the grievances and complaints of the people to the king. Upon this, Mafon would no longer lit in council, though defired, nor appear when fent for ; when they threat- ened to deal with him as an offender, he threatened to appeal to the king, and pub- lifhed a fummons to the prefident and fe- veral members of the council, and others to appear before his majefty in three months. This was deemed " an ufurpa- " tion 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.

During thefe tranfadions prefident Cutts died, and Major Waldron fucceed- Apl n'5!^' ed him, appointing Captain Stileman for his deputy, who had quitted his place of fecretary upon the appointment of Rich- ard Chamberlayne to that ofEce by royal Dec. 30. commiffion. The vacancy made in the council by the prefident's death was filled by Richard Waldron junior. On the death of Dalton, Anthony Nutter was chofen.

Henry

1680.

i84 HISTORY OF

1 68 1 . Henry Dow was appointed marfhal in the ^"""^^ room of Roberts who refigned. 1682 During the remainder of the council's

v^^>j adminiftration, the common bufinefs went on in the ufual manner, and nothing re- markable is mentioned, excepting another profecution of Barefoote,with his affiftants, March 10. William Haikins and Thomas Thurton for feizing a veffel " under pretence of " his majefty's name, without the knowr- ^' ledge of the authority of the province, ^' and without fhewing any breach of *' ftatute though demanded." Barefoote pleaded his deputation from Randolph ; but he was amerced twenty pounds to be refpited during his good behaviour, and his two afliftants five pounds each; the complainant being left to the law for his damages. This affair was carried by appeal to the king; but the iffue is not mentioned.

It will be proper to clofe the account of this adminiftration with a view of the ftate of the province as to its trade, im- provements and defence, from a repre- fentation thereof made by the council to the lords of trade, purfuant to their order. " The trade of the province, (fay they) is in mads, planks, boards and {laves and ^11 other lumber, which at prefent is of

little

N E W-H A M P S H I R E. 185

little value in other plantations, to which 1682. they are tranfported; fo that we fee no '^-'%^«' other way for the advantage of the trade, unlefs his majefty pleafe to make our river a free port.

" Importation by ftrangers is of little value; fhips commonly felling their car- goes in other governments, and if they come here, ufually come empty to fill with lumber: but if haply they are at any time loaded with fifh, it is brought from other ports, there being none made in our province, nor likely to be, until his majefty pleafe to make the fouth part of the Ifles of Shoals part of this govern- ment, they not being at prefent under any*.

" In reference to the improvement of lands by tillage, our foil is generally fo barren, and the winters fo extreme cold and long that there is not provifion enough raifed to fupply the inhabitants, many of whom were in the late Indian war (o im-

poveri filed

* when thefe iflands were fiift fettled is uncertain, but it muft have been very early, as they are mofi: commodioufiy fituated for the filhery, which was a principal ohjcft with the fir(l fettlcrs. While New Hampfliirc was united to Maffachufetts, they were un- der the fame jmifdiftitm, and- the town thtrc eretfled was called Appledore. [Mali. Rec.J They are not named in Cntts's nor Cranfield's commifiion; liut under Dudley's prefidency, caufcs wae brought trom thence to Portfmouth, whicli is faid to be in the fame county. In Allen'sand all fuccceding comniidions, they are particularly mentjontd ; the fouth half of them being in New? Haniplhirc.

C'-W-'

i86 HISTORY OF

1682. poverifhed, their houfes and eftates being deftroyed, and they and others remaining ftill fo incapacitated for the improvement of the land, (feveral of the youth being killed alfo) that they even groan under the tax or rate, aflefled for that fervice, which is, great part of it, unpaid to this day*.

" There is at the Great liland in Portf- mouth, at the harbour's mouth, a fort well enough fituated, but for the prefent too weak and infufficient for the defence of the place ; the guns being eleven in number are fmall, none exceeding a facre [lix pounder] nor above twenty one hund- red weight, and the people too poor to make defence fuitable to the occalion that may happen for the fort.

" Thefe guns were bought, and the fortification erected, at the proper charge of the towns of Dover and Portfmouth, at the beginning of the firft Dutch war, about the year 1665, in obedience to his

majefty's

* Taxes were commonly paid in lumber or provifions at ftated prices; and whoever paid them in money was abated one-third part. The prices in 1680, were as follows.

Merchantable while pine boards per m .30/. White Oak pipe ftaves per ditto - Z £• Red Oak ditto per ditto - - - - 30/.

Red Oak Hhd. ditto per ditto - - aj/.

Indian Corn per bufhel ----- T)/' /

Wheat per ditto ------- Sf.

Malt per ditto ------ - 4/.

N. B. Silver was 6/. and 8 d. per 01.

NEW-HAMPSHIRE. ' 187

majefty's command in his letter to the go- 1 682. vernment under which this province then '"''"^^ was.

" There are five guns more lying at the upper part of Portfmouth, purchafed by private perfons, for their fecurity and defence againft the Indians in the late war with them, and whereof the owners may difpofe at their pleafure. To fupply the forefaid defeat and weaknefs of the guns and fort, we humbly fupplicate his majefty to fend us fuch guns as fhall be more fer- viceable, with powder and fhot."

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 1 68 1, were entered, twenty two fhips, eighteen ketches, two barks, three pinks, one fhallop and one fly-boat; in all forty feven.

Council Records.

GHAP.

i88 HISTORY OF

CHAP. VIII.

The adminijli'at'ion of Cranfeld, Violent meafures, Infurrcciion^ trial and impri- JonmentofGo've. MaforCsfuits. Vaugh- aiCs imprifonment. Frofecution of Moo- dy and his imprifon7nent. Arbitrary proceedings. Complaints. Tumults, Wearers agency in England. Cranfeld* s removal. Barefoote*s adminif ration, \

1682. T? XPERIENCE Having now con- \,j-r>u JCj vinced Mafon, that the government which he had procured to be erected, was not Hkely to be adminiftered in a manner favourable to his views, he made it his bufinels, on his return to England, to fo- licit a change ; in confequence of which it was determined to commiffion Edward Cranfield, efq. lieutenant-governor and commander in chief of New-Hampfhire. By a deed enrolled in the court of chan- jan. 25, eery, Mafon lurrendered to the king one fifth part of the quit-rents, which had or fhould become due : Thefe with the fines and forfeitures which had accrued to the crown fince the eftablifhment of the pro- vince, and which fhould afterward arife, were appropriated to the fiipport of the

governor.

MSS in ihc files.

N E W-H A M P S H I R E. 189

governor. But this being deemed too 1682. precarious a foundation, Mafon by ano- ther deed mortgaged the whole province to Cranfield, for twenty-one years, as fe- curity for the payment of one hundred and fifty pounds per annum, for the fpace of feven years. On this encouragement Cranfield rehnquifhed a profitable office FJtch'sMs. at home, with the view of bettering his fortune here.

By the com.miffion, which bears date the ninth of May, the governor was ini- powered to call, adjourn, prorogue and diffolve general courts ; to have a nega- tive voice in all ad:s of government ;, to fufpendany of the council when he fhould fee juil cauie (and every counlellor fo fu- fpended was declared incapable of being eleded into the general alfembly ;) to ap- point a deputy-governor, judges, juftices, 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 conimif- fion, and the fame directions were f^iven to the governor to reconcile differences, or fend cafes fairly ftated to the king in council, for his decifion. The counfellors named' in this commiffion were Mafon, who is flyled proprietor, Waldron, Daniel,

Vaughan,

Records.

190 HISTORY OF

1682. Vaughan, Martyn, Gilman, Stileman and ^-"""^ Clements : Thefe were of the former council, and to them were added Walter Barefoote and Richard Chamberlayne. Council Cranfield arrived and publiflied his com--

miffion on the fourth of October, and within fix days Waldron and Martyn were fufpended from the council, on certain ar- ticles exhibited againft them by Mafon. This early fpecimen of the exercife of power muft have been intended as a pub- lic affront to them, in revenge for their former fpirited conduit ; otherwife their names might have been left out of the commiffion when it was drawn.

The people now plainly faw the dan gerous defigns formed againll them. The negative voice of a governor, his right of ' fufpending counfellors, and appointing officers, by his own authority, were wholly unprecedented in New-England ; and they had the fmgular mortification to fee the crown not only appointing two branches: of their legiflature, but claiming a nega- tive on the eledion of their reprefentativeSi in a particular cafe, which might fome- times be effentially neceffary to their own fecurity. They well knew that the fole defign of thefe novel and extraordinary powers was to facilitate the entry of the

claimant

i

NEW-HAMPSHIRE. 191

claimant on the lands which fome of them 1 68 2. held by virtue of grants from the fame ^^"''^^ authority, and which had all been fairly purchafed of the Indians ; a right which they believed to be of more validity than any other. Having by their own labour and expence fubdued a rough wildernefs, defended their families and eftates againft the favage enemy, without the leaft affift- ance from the claimant, and held pof- feflion 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 fhould have their liberty abridged, and their property demanded, to fatisfy a claim which was atbeftdifputable, and in their opinion groundlefs. On the other hand it was deemed unjuft, that grants made under the royal authority fhould be difregarded ; and that fo great a fum as had been expended by the ancef- tor of the claimant, to promote the fettle- ment of the country, fhould be entirely loft to him ; efpecially as he had foregone Mafonv fome juft claims on the eftate as a condi- tion of inheritance. Had the inhabitants by any fraudulent means impeded the de- figns of the original grantee, or embezzled his intereft, there might have been a juft demand for damages j but the unfuccefs-

fulnefs

Will.

29-

HISTORY OF

1682. fulnefs of that adventure was to be 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 fucceffor.

An aflembly, being fummoned, met on the fourteenth of November; with whofe concurrence a new body of laws was enacted, in fome refpedls different from the former; the fundamental law being omitted and an alteration made in

MS Law.c. the appointment of jurors, which was now ordered to be done by the fheriff, after the cunnm. in England.

Cranfield, who made no fecret of his in- tention to enrich himfelf by accepting the government, on the firft day of the aflem- bly reftored Waldron and Martyn to their places in the council ; having, as he faid, examined the allegations againft them and

R«t- found them infufficient. In return for this

jfhew of complaifance, and taking advan- tage of his needy fituation, the alTembly having ordered an affeflment of five hun- dred pounds, appropriated one half of it as a prefent to the governor; hoping here- by to detach him from Mafon, who they knew could never comply with his en- gagements to him. Prefering a certainty

to

Tanplian's

Council

N E W-H A M P S H I R E. 193

to an uncertainty, he pafled the bill, though 1682. it was not prefented to him till after he ^^^^^

■T ^ Decern b. I,

had given order for adjourning the court,

and after Mafon, Barefoote and Chamber^ Fills/" '^°

layne were withdrawn from the council.

This appearance of good humour was 1683; but (l^ ^rt-lived : for at the next feffion of >^''''^ the aili mbly, the governor and council having tl 'ndered them a bill for the fup- port of d/^vernment, which they did not approve, and they having offered him fe- veral bills which he faid were contrary to law, he diifolved them ; having previoufly fufpended Stileman from the council and difmifled him from the command of the forti for fuffering a velTel under feizure to go out of the harbouri Barefoote was made council Captain of the fort in his room.

The diflblution of the AiTembly, a thing before unknown, aggravated the popular difcontent, and kindled the refentment of fome rafh perfons in Hampton and Exe^ ter; whoj headed by Edward Gove, a member of the difTolved aflembly, declar- ed by found of trumpet for " liberty and *' reformation." There had been a town ineeting at Hampton, when a new clerk was chofen and their records fecured. Gove Went from town tQ town proclaiming what had been done at Hampton, carrying his O arms.

194

HISTORY OF

1683.

Feb. I.

Records of

Special

Courts*

arms, declaring that the governor was a traitor and had exceeded his commiflion, and that he would not lay down his arms till matters were fet right, and endeavour- ing to excite the principal men in the pro- vince 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 a- gainil: him and affifted in apprehending him. Hearing of their defign, he collect- ed his company, and appeared in arms; but ontheperfuafion of fome of his friends he furrendered. A fpecial court was im- mediately eommiffioned for his trial, of which Major Waldron fat as judge, with William Vaughan and Thomas Daniel aiTiftants. The grand jury prefented a bill in which Edward Gove, John Gove, his fon, and William Hely, of Hampton ; Jofeph, John and Robert Wadleigh, three brothers, Thomas Rawlins, Mark Baker and John Sleeper, of Exeter, were charg- ed with high-treafon. Gove, who behav- ed v/ith great infolenee before the court, and pretended to juftify what he had done, was convided and received fentence o£ death in the ufual hideous form ; and his eftate was feized, as forfeited to the crown. The others were convided of being ac- complices,, I

Gove's Papers.

NEW-HAMPSHIRE. tg^

tdmplices, and refpited. The king's i6S^. pleafure being fignified to the governor ^'^y^ that he fhould pardon fuch as he judged objedls of mercy ; they were all fet at li- berty but Gove, who was fent to Engl and j and imprifoned in the tower of London about three years. On his repeated peti- tions to the king, and by the intereft of Randolph with the Earl of Clarendon, 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 reftore his eftate.

Gove in his petitions to the king plead- ed " a diftemper of mind" as the caufe of thofe actions for which he w^as profecuted. He alfo fpeaks in fome of his private let- ters 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 confidered, it is not hard to ac-^ count for his conda6l. From a letter ■which he wrote to the court while in pri- fon, one would fuppofe him to have been ms in file*. difordered in his mind. His punifhment was by much too fevere, and his trial was hurried on too fail, it being only fix days after the commiffion of his crime. Had "hebeenindided only for a riot there would have been no difficulty in the proof, nor I' O 2 hardfhip

196 HISTORY OF

1683. hardfhip in infliding the legal penalty* ^^rw^J Waldron, it is faid, flied tears when pro- nouncing the fentence of death upon him* On the fourteenth of February the go- vernor, by advertifement, called upon the inhabitants to take out leafes from Mafon within one month, otherwife he muft, purfuant to his inftrudions, certify the re- fufal to the king, that Mafon might be difcharged of his obligation to grant them. Upon this fummons and within the time ^ fet. Major Waldron, John Wingett and Thomas Roberts, three of the principal landholders in Dover, waited on the go- vernor to know his pleafure, who direded them to agree with Mafon. They then retired into another room where Mafoa was, and propofed to refer the matter to the governor, that he might according to- his commiffion, ftate the matter to thej king for his decifion. This propofal Ma-l fon rejeded, faying thatunlefs they would own his title, he would have nothing to weare's do with thcm. While they were in dif- courfe the governor came in and defired them to depart.

This piece of condud k difficult to be accounted for, it being diredly in the face of the commiffion. Had the method there- in prefcribed, and by thefe men propofed,,

beea

MS.

N E W-H A M P S H I R E. 197

been adopted, it was natural to exped that the king, who had all along favoured Mafon^s pretenfions, would have deter- mined the cafe as much to his wifh as upon an appeal from a judicial court; befides, he had now the faireft opportunity to have it decided in the ihorteft way, to which his antagonifts muft 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 powerful plea in behalf of the people; whofe confidence in the royal juftice would have induced them to comply with the di- rections in the commiffion. It being now impoffible to have the controverfy thus decided they determined to hearken to none of hi« propofals. As he generally met with oppofition and contradid:ion he was induced to utter many ra{h fayings in all companies. He threatened to feize the principal eftates, beggar their owners, and provoke them to rebellion by bring- ing a frigate into the harbour and procur- ing foldiers to be quartered on the inhabi- tants. Thefe threats were fo far from in- timidating the people that they ferved the more firmly to unite them in their de- termination not to fubmit; and each par- ty

Weare's MS.

198 HISTORY OF

1683. ty was now warm in their oppofition and ''-'^^ refentment.

The governor on fome frefh pretence fufpended Waldron, Martyn and Oilman from the council. The deaths of Daniels and Clements made two other vacancies. Vaughan held his feat the longeft, but was at length thruft out for his non-com- pliance with fome arbitrary meafures. So that the governor had it in his power to mo- del the council to his mind, which he did by appointing at various times Nathanael Fry- er, Robert Eliot, John Hinckes, James Sherlock, Francis Champernoon and Ed- ward Randolph, efquires. The judicial courts were alfo filled with officers proper for the intended bufmefs. Barefoote, the deputy governor, was judge; Mafon was chancellor; Chamberlayne was clerk and prothonotary; Randolph was attorney ge- Councii neral, and Sherlock provoft marlhal and fheriff. Some who had always been difaf- feded to the country, and others who had been awed by threats or flattered by promifes took leafes from Mafon; and, thefe ferved for under flieriffs, jurors, evidences, and other neceflary perfons.

Things being thus prepared, Mafon be-; gan his law-fuits by a writ againfl: Major Waldron, (who had always diftinguiihed*

himfelf

N E W-H A M P S H 1 R E. 199

himfelf in oppofition to his claim) for 1683. holding lands and felling timber to the ^^'^^^ amount of four thoufand pounds. The major appeared in court, and challenged every one of the jury as interefted per- fons, fome of them having taken leafes of Mafon, and all of them living upon the . lands which he claimed. The judge then <:aufed the oath of voire dire to be admini- ftered to each juror, purporting " that he *' was not concerned in the lands in que- " flion, and that he fhould neither gain *' nor lofe by the caufe." Upon which the major faid aloud to the people prefent, *' That his was a leading cafe, and that *' if he were caft they muft all become te- *' nants to Mafon; and that all perfons in *' the province being interefted, none of *' them could legally be of the jury." The ^^ '" th« cafe however went on ; but he made no defence, afferted no title, and gave no evi- dence on his part. Judgment was given againft him and at the next court of feffi- ons he was fined five pounds tor " muti- " nous and feditious words.'*

Suits were then inftituted againft all the 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 join-

iiig

200 HISTORY OF

1683. ing iflue; which were, the refufal of Ma-s ^-^vV foil to comply with the diredions in the commiffion; the impropriety of a jury's determining what the king had exprefsly referved to himfelf ; and the incompetency of the jury, they being all interefted per- fons, one of whom had faid that " he *' would fpend his eftate to make Mafon's ♦* right good." Thefe reafons were irri-r tating rather than convincing to the court, The jury never hefitated in their verdid:s, From feven to twelve caufes were difpatch- ed in a day, and the cofts were multiplied from five to twenty pounds. Executions were iffued, of which two or three only were levied ; but Mafon could neither keep fiifs^a^d poffeiTion of the premifes nor difpofe of Weaie's them by fale, fo that the owners ftill enjoy- ed them. Several threatened to appeal to the king but Major Vaughan alone made the experiment.

A fuit was alfo commenced againft Martyn who had been treafurer, for the fines and forfeitures received by him, during the former adminiftration; and judgment was recovered for feventy one pounds with cofts. Martyn petitioned Mafon as chancellor, fetting forth that he had received and difpofed of the mo-r, ney according to the orders of the late pre^. fident and council, and praying that the

whole

N E W-H A M P S H I R E. 2oi

wbole burden miglit not lie upon him. 'y^ A decree was then iflued for the other *^'

Surviving members of the late council, and the heirs of thofe who were dead, to bear their proportion. This decree was ^^^^^ " afterward reverfed by the king in council.

Cranfield with his council had now af^ fumed the whole legiflative power. They prohibited veflels from MalTachufetts to enter the port, becaufe the ad:s of trade were not obfervsd in that colony: They fixed the dimenfions of merchantable lum- ber; altered the value of filver money, which had always pafled by weight at fix {hillings and eight-pence per ounce; and ordered that dollars fhould be receiv- ed at fix (hillings each, which was then a great hardfhip ; as many of them were greatly deficient in weight: They alfo changed the bounds of townfhips ; efta- blifhed fees of office; made regulations for the package of fifh, and ordered the conftables to forbear colleding any town or parifh taxes till the province tax was paid, and the accounts fettled with the r/^""* treafurer.

The public grievances having become infupportable, the people were driven to the neceffity of making a vigorous ftand for their liberties. The only regular way

was

202 HISTORY OF

1683. was by complaint to the king. Having ^■/"VNi^ privately communicated their fentiments to each other, and raifed money by fub- fcription, they appointed Nathaniel Weare, efq. of Hampton their agent; and the four towns having drawn and fubfcribed diftind: petitions of the fame tenor, Weare pri- vately withdrew to Bofton from whence he failed for England. Major Vaughan who accompanied him to Bofton, and was appointed to procure depofitions to fend after him, was upon his return to Portf- mouth, brought to an examination, treated with great infolence and required to find wrssin furctics for his good behaviour; which, ^ "* having broken no law, he refufed*; and

was by the governor's ov/n warrant im- mediately committed to prifon; wherehe was kept nine months to the great damage of his health, and of his own as well as the people's intereft. 1684.. Amidft thefe multiplied oppreffions, ^-"^r^u Cranfieldv^asftilldifappointedofthe gains he had expected to reap from his office 5. and found to his great mortification, that ; there was noway of fupplying his wants^, but by application to the people, through]

* In this refufal he is countenanced by the example of the great] Seldcn, and other members of parliament who were imprifoned bw Older of Charks I. in I629.

Macaulay's Plift. Eng. 8vo. Vol. i, p. 7a.

N E W-H A M P S H IR E. 203

an aflembly. He had already abufed them 1 684. fo much that he could hope nothing from '^^vn^ their favour; and was therefore obliged to have recourfe to artifice. On a vague rumour of a foreign w^ar, he pretended much concern for the prefervation of the province from invafion; and prefuming that they would fhew the fame concern for themfelves, he called an aflembly at Great-Ifland where he refided, to whom januar.14. he tendered a bill, which in a manner to- tally unparliamentary, had been drawn and pafled by the council, for raifing mo- ney to defray the expence of repairing the fort, and fupplying it with ammunition, and for o/)6^r neceflary charges of govern- ment. The houfe* debated a while, and adjourned for the night, and the tide ferv- ing, the m.embers 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 confult with Moody, and other declared enemies of the king

and

• The members of this afTembly were,

For Portfmouth. Hampton.

Richard Waldron, Jan. fpeaker, Anthony Stanyon,

Philip Lewis, Jofeph Smith,

John Piclsering. John Smith.

Dover. - Exeter.

John Gerrifh, Robert Smart,

John Woodman, Thomas Wiggen. Anthony Nutter. (Court Records.)

V-OTN-'

Court Rec.

204 HISTORY OF

1 684. and church of England, he diffolved them ; and afterward by his influence with the court of feffions, divers of the members were made conftables for the following

vaughan's yg^r. Somc of thcm took the oath, and Others paid the fine which was ten pounds. Thus by a mean and execrable revenge, he taxed thofe whom he could not per- fuade to tax their conftituents for his pur- pofes.

But Moody was marked as an objed of peculiar vengeance. He had for fome time rendered himfelf obnoxious by the freedom and plainnefs of his pulpit dif- courfes, and his ftri<5tnefs in adminiftering the difcipline ot the church ; one inftance of which merits particular notice. Ran- dolph having feized a veflel, fhe was in the night carried out of the harbour. 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, be- ing concerned for the purity of his church, requefted of the governor copies of the evidence, that the offender might be called to account in the way of ecclefiaftical dif- cipline. Cranfield fternly refufed, faying

that

N E W-H A M P S H I R E. i^o^

that he had forgiven him, and that neither 1 684- the church nor minifter fhould meddle ^^^^ with him; and even threatened Moody in cafe he fhould. Not intimidated, Moody confulted the church and preached a fer- mon againft falfe fv^earing; then the offender, being called to account, was cen- PortfCTiB^

11 11 1 Records.

fured, and at length brought to a public confeffion. This procedure extremely dif- gufled the governor who had no way then in his power to fhew his refentment. But malice, ever fruitful in expedients to at- tain its ends, fuggefled a method, which, to the fcandal of the Englifh nation, has been too often pradifed. The penal laws againfl nonconformifts were at this time executing with great rigour in England; and Cranfield, ambitious to ape his royal mafler, determined to play off the ecckfi- aflical artillery here, the direction of which he fuppofed to be deputed to him with his other powers. He had attempt- ed to impofe upon the people the obfer- vation of the thirtieth of January as a faft, and reftrain them from manual la- bour at Chriflmafs; but his capital flroke was to iffue an order in council " that af- " ter the firfl of January, the miniflers " fhould admit all perfonsotfuitable years *' and not vicious, to the Lord's fupper,

^ and

2o6

HISTORY OF

1684,

King Charles's Letter in Kutchin. col. pap. p. 378.

" and their children to baptifm ; and that " if any perfon fhould defire baptifm or " the other facrament to be adminiftered " according to the Hturgy of the church " of England, it fliould be done, in pur- " fuance of the king's command to the " colony of Maffachufletts* ; and any mi- " nifter refufmg fo to do fhould fuffer the " penalty of the ftatutes of uniformity"* The fame week in v/hich he diffolved the affembly, he fignified to Moody in writing, by the hands of the fheriff, that himfelf, with Mafonand Hinckes, intend- ed to partake of the Lord's fupper the next Sunday ; requiring him to admini-* fter it to them according to the liturgy j and, as they juftly expeded, he at once denied them. The way was now opened for a profecution ; and the attorney gene- ral

* This command was conceived in the following terms : " And fince the principle and foundatioa of that charter was and is freedom and liberty oj coufdence; Wee do hereby charge and require you that freedom and liberty be duely admitted and allow- ed, io tliat they that dcfirc to ufe the booke of common prayer and perform their devotion in that manner that is cftabiilhed here be not denyed the exercife thereof, or undcrgoe any prejudice or difad- vantage thereby, they uftng their liberty peaceably without any diflurb-^ once to others; and that all perfons of good and honed lives and couverfations be admitted to the facrament of the Lord's fupper according to faid booke of common prayer, and their children to baptifme."

This command cannot confidently with the acknowledged principle and ftri£t limitation, be conftrucd any other way, than that the ufe of the liturgy fhould be permitted to fucli minifters and people as dcftred it. To compel Biinifters to ufe it, and leave all others at liberty, was a conflruftion that malice alone cowld fuggcft.

N E W-H A M P S H I R E.

207

Feb. 5.

ral Jofeph Rayn, by the governor's order 168 exhibited an information at the next court of feffions, before Walter Barefoote judge, Nathanael Fryer and Henry Greene affift- ants, Peter Coffin, Thomas Edgerly and Henry Robiejuftices, fetting forth, "that *' Jofhua Moody clerk, being minifter of *' the town of Portfmouth within the do- '* minions 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 Eliza- " beth, and the thirteenth and fourteenth " of Charles II, required to adminifter the *' Lord's fupper in fuch form as was fet "forth in the book of common prayer, " and no other. But that the faid Moody " in contempt of the laws had wilfully " and obflinately refufed to adminifter the *' fame to the Honourable Edward Cran- " field, Robert Mafon, and John Hinckes, '* and did obftinately ui'e fome other form." Moody in his defence pleaded that he was not epifcopally ordained as the ftatutes re- quired; nor did he receive his maintenance according to them ; and therefore was not obliged to the performance of what had been commanded ; that the alledged fta- tutes were not intended for thefe planta- tions, the known and avowed end of their

fettlement

MSS la files.

SbS

HISTORY OF

PortrClih. Records.

Vaughan'i Journal.

1 684. fettlement being the enjoyment of freedoiti ^'•^"""^ from the impofition of thofe laws ; which freedom was allowed and confirmed by the king, in the liberty of confcience grant- ed to all proteftants, in the governor's cOmmiffion. Four of the juftices, viz. Greene, Robie, Edgerly and Fryer were at fifft for acquitting him ; but the matter being adjourned till the next day, Cran- field found means before morning to gairl Robie and Greene, who then joined with Barefoote and Coffin, in fentencing hint to fix months imprifonment, without bail t>r mainprtze. The other two perfifted in their former opinion, and were loon after removed from all their offices. Moody was immediately ordered into euftody^ without being permitted firft to fee his fa- mily ; and he remained under confinement^ in company with Major Vaughan, at the houfe of Captain Stilemah, with liberty of the yard, for thirteen weeks ; " his bene- " fice" 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, he would come and demand " the facrament of him as he had done " at Portfmouthv" Upon which Cottort

withdrew

Vaiigfian's Journal.

N E W-H A M P S Ei I R E. ^6^

withdrew to Bofton. The minifter of 1684.

Vw— ,^>w,!»

Vauchah's

Dover, John Pike^ was (fo far as I can find) unmolefted. Exeter had then no fettled minifter.

During Moody's imprifonment, Cran- field would neither fufFer him to go tip to the town to preach, nor the people to af- femble at the ifland to hear, nor the neigh- bouring minifters to fupply his place ; on- ly the family where he was confined were permitted to be prefent with him at fab- bath exercifes. But while the governor was abfent on a tour to New- York, Ma- fon gave leave for opening the meeting- houfe twice, when they obtained a mini^ fter to officiate} he alfo allowed both J""'"*^' Moody and Vaughan to make a fhort vi- fit to their families. At length, by the interpofition of friends, Moody obtained a releafe, though under a ftrid charge to preach no more within the province, on penalty of farther imprifonment. He then accepted an invitation from the firft church in Bofton ; 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 co,';^'/ he was invited to take the overfight of the Records, college, which he liiodeftly declined, and continued his miniftrations at Bofton, fre- P quently

2IO HISTORY OF

V.-^TN-^

Orifinal

1684. quently vifiting his deftitute church at Portfmouth, at their private meetings, till - 1692; when, the government being in other hands, and the eaftern country under .| trouble by the Indians, at the earneft re- ' quell of his people, and by the advice of

Mss. an ecclefiaflical council, he returned 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 detefta- ble, the vindictive temper which gave it birth J or the profanenefs and hypoerify with which it was conduced. The pre- tended zeal of the profecutors was totally inconfiftent with a due regard to thofe laws, and the principles of that church, for which they made themfelves fuch con- temptible champions. For it had been long before this time, a received opinion in the church of England, that the vali- dity of all the facramental adminiftrations depends on authority derived from the apoftles, by epij copal ordination, in an uninterrupted fuccejTion; arjd one of the I flatutes on which the profecution was 1

grounded

* He died at Bofton, being there on a vifit, July 4, 1697, Mt. 65. Dr. Cotton Mather preached his funeral lermon from Afts vi. 15. " They law his face as it had been the face of an angel." Magnalia, lib. 4, cap. 7.

NEW-HAMPSHIRE. 211

grounded enads, * that no perfon {hall 1 684.

* prefume to confecrate and adminifter the st^^^^^& ' Lord's fupper, before he be ordained a ^^ *^^^- "• ' prieft by epifcopal ordination, on pain

* of forfeiting for every offence one hun- ' dred pounds.' The miniflers then in the province, being deftitute of the grand pre-requifite, were incapable by the a£t^ of doing what was fo peremptorily requir- ed of them; and had they complied with the governor's order, muft have expofed themfelves to the penalty, if he had pleaf-

ed to exad: it from them. But the extend- ' .-

ing thefe penalties to the king's Ameri- can fubjedtSi who had fled hither from the rod of prelatic tyranny, was a moil unwarrantable ftretch of power ; fmce the laft of thefe acts, and the only One which had been made fince the fettlement of the colonies, was exprefslyreftridted in its ope- ration, to " the realm of England, domi- " nion of Wales, and town of Berwick " upon Tweed."

Difappointed in all his fchemes for raif- ing money by an affembly, Cranfield next ventured onnhe project: of taxing the peo- * pic without their eonfent. The pretext for this was a claufe in the commiflioil, impowering him, with the council, " to " continue fuch taxes as had been former- P 2 " ly

212 HISTORY OF

1 684. ** ly levied, until a general aflembly could *^^^^ '* be called." This had been done, with- out ofFence, at the beginning both of this and the former adminiftration, when the change of government rendered it necef- fary. But the council, though too much devoted to him, were not eafily perfuad- ed into the meafure at this time; till fear at length accompUfhed what realon could not approve : for, letters being received . from the eaftward, informing of the dif- covery of a plot among the Indians, who were inftigated by Caftine the Frenchman;

Teh. 14, to renew the war early in the fpring, the council were fummoned in hafte, and pre- fently agreed to the governor's propofal, for continuing fuch taxes as had been for-^- merly laid, which he told them was ne- ceflary for the immediate defence and fe- curity of the province. This affair, how- ever, was kept fecret for the prefent ; and the people were firll to be convinced of the governor's paternal care and kindnefs ia taking the neceiJary precautions for their

March 13. fafety. It was ordered that the meeting- ' houfes in each town fhould be fortified,, and bye garrifons were eftablifhed in con- venient places : Supplies of ammunition were ordered to be provided : Circular letters were difpatched to the governors

of

N E W-H AMPSHIRE. 213

of the neighbouring colonies, informing 1684. them of the danger ; and, 10 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 and deftroy the eaftern Indians; promifing ^°^"jj'j to pay them for their fervices out of the ^^^ ^^^,^ money which was thus to be raifed. journal.

At his return from this excurfion, he found himfelf under fome embarraflment in his favourite views, from a letter of the lords of trade, which direded him to make ufe of an aflembly, in raifmg money on the people. He could not, therefore, avoid calling one, though he immediately dif- May 47. folved it, becaufe feveral of the members were thofe whom he had formerly order- ed to be made conftables. At the fame time, in his letters to the fecretary of Hate, he reprefented the aflembly as perfons of fuch a mutinous and rebellious difpofition, that it was not fafe to let them convene ; that they had never given any thing to- „ ward the fupport of government ; that he *^ was obliged to raife money without them ; ^ and that it was impoflible for him to ferve his majefty's interefl: without a Ihip of war to enforce his orders ; and finally he de- fired leave to go to the Weft-Indies for the

recovery

ii4 HISTORY OF

1684. recovery of his health. When this bull-'

^"""^ nefs was difpatched, warrants were iffued

for collefting the taxes ; which caufed

frelh miirmurings and difcontent among

the people.

But however difafFed:ed to the governor and his creatures, they were always ready to teftify their obedience to the royal or-^ ders ; an inftance of which occurred at this time. The feas of America and the Weft-Indies being much infefted with pirates, the king fent orders to all the go- vernors and colony affemblies, directing aQis to be made for the fuppreffing of pi- racy and robbery on the high feas. Cran-

July 22, field, having received this order, fummon- ed an aflembly ; and though it confifted almoft entirely of the fame perfons who were in the laft ; he fuflFered them to pafs the adl, and then quietly diflblved them :

Council This was the laft aflembly that ever he

Records, '

and Files. Called.

The tax-bills were firft put into the hands of the newly made conftables ; who foon returned them, informing the gover- nor that the people were fo ayerfe from the method, that it was impoflible to colledi the money. The provoft, Thomas Thur- > ton, was then commanded to do it, with the afliftance of his deputies and the con- ftables.

N E W-H A M P S H 1 R E. 215

ftables. The people ftill refufing com- 1684. pllance, their cattle and goods were taken ^-^^"^^^ by diftreint and fold by aiidion : Thofe who would neither pay nor difcover their goods to the officers, were apprehended and imprifoned ; and forae of the confta- bles, who refufed to affift, fuffered the fame fate. The more confiderate 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 paffion, it could not be exped:ed but that fome forward fpirits would break the reftraints of prudence, and take a fummary method to put a flop to their oppreffions. Several perfons had declared that they would fooner part with their lives, than fufFer diftreints ; and alTociations were formed for mutual fupport. At Exeter the fherifF was refilled and driven off with clubs ; the women having prepared hot fpits and j^^ fcalding water to affift in the oppolition, as Thurton teftified in his depofition on the occafion. At Hampton he was beaten, and his fword was taken from him ; then januar.az. he was feated on an horfe, and conveyed out of the province to Salifbury with a rope about his neck and his feet tied un- der

2i6 HISTORY OF

1684. der the horfe's belly. Juftice Robie at-

'^^"'^^ tempted to commit fome of the rioters;

but they were refcued by the way, and

both the juftice and the iherifF were ftruck

in the execution of their office. The troop

januar. 9. of horfe, Under Malbn's command, was then ordered to turn out completely mount-^ ed and armed, to affift in fuppreffing the diforders ; but when the day came not one trooper appeared. Cranfield thus finding

Mssiji his efforts ineffectual, and his authority ^ ' contemptible, was obliged to defift.

The agent had been a long time in England, waiting for the depofitions, which were to have been tranfmitted to him, in fupport of the complaint which he was to exhibit, Cranfield and his crea^ tures here did all that they could, to retard the bufinefs ; firft by imprifoning Vaughan, and then by refufmg to fummon andfwear witnefTes wheri applied to by others ; who were obliged to go into the neighbouring governments, to get their depofitions au- ^ thenticated ; and after all, the proof was defedive, as they had not accefs to the public records. The agent, however, ex-:

July II. hibited his complaint againft Cranfield in general terms, confifting of eight articles, ^ That he had engroffed the power of eredt^ ^ irig courts, and eftablifhing fees exclu-

' five

NEW-HAMPSHIRE. 217

< five of the aflembly: That he had not 1684.

* followed the directions in his commiffion k^^v\j

* refpeding Mafon's controverfy ; but had ' caufed it to be decided on the fpot by

* courts of his own conftitution, confifting

* wholly of perfons devoted to his inte-

* reft : That exorbitant charges had been ' exaded and fome who were unable to ' fatisfy fhem had been imprifoned : That

* others had been obliged to fubmit, for ' want of money to carry on the fuits: ' That he had altered the value of filver

* money ; That he had imprifoned fundry

* perfons without j uft caufe : Thathewith

* his council had afTumed legiflative autho-

* rity, without an aflembly ; and, that he ' had done his utmoft to prevent the peo-

* pie from laying their complaints before

* the king, and procuring the neceflary mss?^

* evidence.'

This complaint was, in courfe, referred juiy j^. 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 re- cords; and to give all needful affiftance to them in colleding their evidence againfl: ibid. him. When

2i8 HISTORY OF

1684. When he had received tl^is letter he fuf- ^^"^^ pended Mafon*s fuits, till the queftion concerning the legality of the courts fhould be decided. He alfo ordered the fecreta- ry to give copies to thofe who fhould ap- ply 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 enquiry could not find where they were depofited ; and the town clerks, when fummoned, had folemnly fworn that they knew neither where the books were con- fiics. . cealed, nor who had taken them out of their pofleffion. ^Q The neceflary evidence on both fides

\^^^' being procured, a new complaint was drawn up, confiding of twelve articles, which were. ' That at the firft feffion of

* the aflembly Cranfield had challenged

* the power of legiilation and fettlement

* of affairs to himfelf againft the words of ' the commiffion : That he had by pur-

* chafe or mortgage from Mafon, made ' himfelf owner of the province, and fo'

* was not likely to a6l impartially between

* Mafon and the inhabitants : That he had

* made courts, whereof both judges and ' jurors had agreed with Mafon for their*

* own lands, and fome had taken deeds of

* him

N E W-H A M P S H 1 R E. 219

* him for other men*s lands, fo that they 1685.

* were engaged by their intereft to fet up v^n^^;

* Mafon's title : That Mafon had fued

* forty perfons, and call all ; and that the ■ governor's interpofal to ftate the cafes, ' as by his commiffion he was directed, ^ had been refufed though defired ; and

* that the defendants pleas grounded on

* the laws of England were rejected : That

* they could not reconcile the verdid: with ' the attachment, nor the execution with

* the verdidt, nor their practice under co-

* lour of the execution with either ; that ' the verdicSt found the lands fued for ac-

* cording to the royal commiffion and in-

* ftruQ:ions, and that commiffion only gave

* power to ftate the cafe if Mafon and the ' people could not agree ; but the execu-

* tion took land and all : That the charge

* of every acStion was about fix pounds, , ^ ' though nothing was done in court, but

* reading the commiffion and fome blank

* grants without hand or feal ; and theie ' were not read for one cafe in ten : That ' court charges were exacted in money, ' which many had not ; who though they

* tendered cattle, were committed to pri- ' fon for non-payment : That minifters, ^ contrary to his majefty*s commiffion,

* which granted liberty of confcience to all

* proteftants,

220 HISTORY OF

V.-'V — /

1685. ' proteftants, had their dues withheld from ' them, even thofe that were due before ' Cranfield came, and were threatened with ' fix months imprifonment for not admi-

* niftering the facrament according to the

* liturgy : That though the general aflem- ' bly agreed that Spanifh money fhould ' pafs by weight, the governor and council

* ordered pieces of eight to pafs for fix fhil-

* lings, though under weight : That men ' were commonly compelled to enter into

* bonds of great penalty, to appear and an- ' fwer to what fhould be objed:ed againft ' them, when no crime was alledged :

* That they had few laws but thofe made ' by the governor and council, when his

* commiffion directed the general affembly

* to make laws: That the courts were>

* kept in a remote corner of the province : weare's * aud thc {licriff was a ftranger and had,

* no vifible eftate, and fo was not refponfi-

* ble for failures/ Upon this complaint, an hearing was

had before the lords of trade on Tuefday the tenth of March; and their lordfhips reported to the king, on three articles on- ly of the complaint viz. ' That Cranfield ' had not purfued his inftruftions with re- ' gard to Mafon's controverfy ; but inftead ' thereof had caufed courts to be held and

* titles

MSS^

Sc fitch's M;

N E W-H A M P S H I R E. 22t

* titles to be decided, with exorbitant cofts ; i GS^. *■ and that he had exceeded his power in v^yv^

* regulating the value of coins.' This re- port was accepted, and the king's pleafure ^ therein fignified to him. At the fame time, his requeft for abfence being grant- ed, he, on receipt of the letters, privately Ncai'sHift. embarked on board a veflel for Jamaica; and from thence went to England, where he obtained the colledorfhip of Barbadoes. At his departure, Barefoote the deputy- governor took the chair; which he held till he was fuperfeded by Dudley's com- miffion, as prefident of New-England.

Cranfield's ill condud: muft be afcribed in a great meafure to his difappointment of the gains which he expeded to acquire, by the cftablifhment of Mafon's title; which could be his only inducement to ac- cept of the government. This difappoint- ment inflaming his temper, naturally vin- didive and imperious, urged him to ac- tions not only illegal, but cruel and un- manly. A ruler never degrades his cha- racter more than when he perverts public juftice to gratify perfonal refentment; he fhould punifh none but the enemies of the laws, and difturbers of the peace of the immunity over which he prefides. Had there been the leafl: colour, either of zeal

OF

22i HISTORY OF

1685* or policy, for the feverity exercifed in the ^-^^""^ profecution 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 cha- rader of the fupreme magiftrate. From is\ai, vol. the fame bafe difpofition, he is faid to have *• p «59- employed fpies and pimps, to find matter of accuiation againft people in their clubs, and private difcourfe. And his deceit was equal to his malice ; for, being at Bofton when the charter of that colony was call- ed in qUeftion, and the people were foli- citous to ward off the danger ; he advifed them to make a private offer of two thou- fand guineas to the king, promifing to re- prefent them in a favourable light ; but when they,not fufpeding his intention,fol- lowed his advice, and Ihewed him the let-» ter which they had wrote to their agents for that purpofe, he treacheroufly reprefented Hiitchiti. them as " dilloyal rosues :" and made

vol. I. pag* r • •

331- them appear fo ridiculous that their agents

were afhamed to be feen at court. How- ever, when he had quitted the country^ and had time for reflection, he grew a- fhamed of his mifcondud, arid while hef was colledor at Barbadoes, made a point

Fitch'sMs. of treating the maftersof vefTels, and other

perfons

N E W-H A M P S H I R E. 223

perfons who went thither from Pafcataqua, 1 6S^, with particular refpe(3:. v-^-rx-/

Although the decifion of titles in Cran- field's courts had been reprefented, in the report of the lords, as extrajudicial, and a royal order had been thereupon iflued to fufpend any farther proceedings in the cafe ofMafon, till the matter fhould be brought before the king in council, purfuant to the directions in the commiffion ; yet Bare- foote fuffered executions which had before been iffued to be extended, and perfons to be imprifoned at Mafon's fuit. This oc- cafioned a freih complaint and petition to the king, which was fent by Weare, who about this time made a fecond voyage to England, as agent for the province and attorney to Vaughan, to manage an ap- peal from feveral verdidls, judgments, Weare'» decrees and fines which had been given againft him in the courts here, one of which was on the title to his eftate. An attempt being made to levy one of the executions in Dover, a number of perfons forcibly refilled the officer, and obliged him to re- linquifli his defign. Warrants were then mss m iflued againft the rioters, and the fheriff with his attendants attempted to feize them, while the people were aflembled for di- yine fervice. This caufed an uproar in

the

MSS.

files.

224 HISTORY Ot

1685. the congregation, in -which a young hero*

^^^"^ ine diftinguilhed herfelf by knocking dowil

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 fliew the enmity of the people to thefe meafures, and their hatred and contempt

Mss in for the authors of them ; there are ftill pre- ferved the original depofitions on oath, of Barefoote and Mafon, relating to an aflault made on their perfons by Thoma^ Wiggen and Anthony Nutter, who had been members of the aflembly. Thefd

Dec. .30. two men came to Barefoote's houfe where Mafon lodged, and entered into difcourfe with him about his proceedings ; denying his claim, and ufing fuch language as pro- voked 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 into 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 ftruggle. The noife alarmed the fervants, who atMafon*s command brought his fword, which Nut- ter

N E W-H A M P S H I R E. 225

ter took away, making fport of their mi- 1685. fery*. ^"^^

Nothing elfeoccured during Barefoote*s fhort adminiftration, except a treaty of friendfhipj between the Indian's of Pena- cook 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 pro- jed of bringing down the Mohawks on the eafte'rn Indians; which had once before proved a pernicious meafure; as they made no diftindion between thofe tribes which were at peace with the Englifh, and thofe which were at war. Some of the Pena- cook Indians who had been at Albany af- ter Cranfield's journey to New- York, re- ported on their return, that the Mohawks threatened deftrudion to all the eaftern Q^ Indians,

* A farther fpecimen of the contempt in -which thefemen were held, even by the lower clafsof people, exprefled in their own ge- nuine language, may be feen in the following affidavit :

" Mary Rann, aged thirty years or thereabout, witneffeth, that the ai day of March 84, being in company with Seabank Hog, I hedrd her fay; it was very hard for the governor of this province to ftrike Sam. Seavy before he fpoke ; the faid Hog faidalfo that it Was well the faid Seav.y's mother was not there for the governor, for if (he had, there had been bloody work for him. I heard the faid Hog fay alfo, that the governor and the reft of the gentlemen were a crew of pitiful curs, and did they want earthly honour ? if they did, ("he 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 hody auU foul ; they could not be contented to take our eflates from us, but they have taken away the gofpel alfo, which the devil would have them for it."

" Sworn in the court of pleas held at Great Ifland the 7 of Nov. 1684. R. Chamberlain, Prothon."

226 HISTORYOF

1 6S^. Indians, from Narrhaganfet to Pechypfcot^ ^•■^"v^ Hagkins, a chief of the tribe, had inform- ed Cranfield in the fpring of the danger he apprehended, and had implored aflift- ance and protedion, but had been treated with negled:. In Auguft the Penacook and Saco Indians gathered their corn, and removed their famiHesj which gave an alarm to their Englifh neighbours, as if they were preparing for war. Meflengers being fent to demand the reafon of their movement, were informed that it was the fear of the Mohawks, whom they daily expeded to deftroy them ; and being afked why they did not come in among the Englifh for protedion, they anfwered, left the Mohawks ihould hurt the Englifh on their account. Upon this they were perfuaded to enter into an agreement; and accordingly their chiefs being aflembled with the council of New-Hampfhire, and septemb.8. a deputation from the province of Maine, a treaty was concluded, wherein it was ftipulated, that all future perfonal injuries on either fide fhould, upon complaint, be immediately redreffed; that information fhould be given of approaching danger from enemies; that the Indians fhould; not remove their families from the neigh- bourhood of the Englifh without giving

timely

N E W-H A M P S H I R E. 227

timely notice, and if they did that it Ihould 1 685. be taken for a declaration of war; and, ""^"^ that while thefe articles were obferved the Englidi would alTifl: and proted them original againft the Mohawks and all other ene- mes. *" mies. The danger was but imaginary, and the peace continued about four years.

Though Mafon was hitherto difppoint- 1 686. ed in his views of recovering the inhabited ^-^v^ part of the province, he endeavoured to lay a foundation for realizing his claim to the wafte lands. A purchafe having been made from the Indians, by Jonathan Tyng and nineteen others, of a tradt of land on both fides the river Merrimack, fix miles in breadth, from Souhegan river to Winni- pifeogee lake; Mafon by deed confirmed the fame, referving to himfelf and his heirs the yearly rent often Ihillings. This was called the million acre purchafe. About Douglas, the fame time he farmed out to Hezekiah ]°^: '■ ^' Ufher and his heirs, the mines, minerals, and ores within the limits of New-Hamp- iliire, for the term of one thoufand years ; referving to himfelf one quarter part of the royal ores, and one feventeenth of the bafer forts ; and having put his affairs here Deeds." in the befl order that the times would ad- mit, he failed for England, to attend the hearing of Vaughan's appeal to the king. (ij2 CHAP.

April 15.

May 15.

22S . HISTORYOF

CHAP. IX.

The adminiftration of Dudley as prejidenfy atid Androjfe as governor of Neiv-Eng" land. Mafon^s farther attempt. His difappointment and death. Revolution. Sale to Allen. His commifjion for the government.

H E N an arbitrary government Is determined to infringe the liber- ty of the people, it is eafy to find preten- ces to fupport the moft unrighteous claims. King Charles the feeond in the lat- ter part of his reign was making large ftrides toward defpotifm. Charters, which obftru6:ed his pernicious views, were by a perverlion of the law decreed forfeited. The city of London, and moft of the cor- porations in England, either fufFered the execution of thefe fentences, or tamely furrendered their franchifes to the all- grafping hand of power. It could not be expected that in this general wre^ck of privileges the colonies of New-England could efcape. The people of MafTachu- fetts had long been viewed with a jealous Hutch! ^y^* Though the king had repeatedly col. pap. afTured them of his protedion, and fo-

lemnly

N E W-H A M P S H I R E.

229

Hutch, vol. I. p. 329-

lemnly confirmed their charter privileges ; yet their fpirit and principles were fo to- tally diflbnant to the corrupt views of the court, that intriguing men found eafy ac- cefs to the royal ear, with complaints againft them. Of thefe the moft invete- rate and indefatigable was Randolph, who made no lefs than eight voyages in nine years acrofs the Atlantic, on this mifchie- vous bufinefs. They were accufed of ex- tending their jurifdidlion beyond the bounds of their patent ; of invading the prerogative by coining money ; of not al- lowing appeals to the king from their courts; and, of obftrufting the execution of the navigation and trade laws. By the king's command agents were fent over to anfwer to thefe complaints. They found the prejudice againft the colony fo ftrong, that it was in vain to withftand it; and folicited inftrudions whether to fubmit to the king's pleafure, or to let the proceed- ings againft th"em be iflued in form of law. A folemn 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 Ran- 1683. dolph, as the ano-el of death foon followed '^-^'^'^

-, \ . . . r Oaober.

them, brmgmg a writ or quo warranto

from

Feb. 6,

230 HISTORY OF

1 68 3. from the king's bench ; but the fcire facias ^•w; which iffued from the chancery did not arrive till the time fixed for their appear- ance was elapfed: This however was deemed too trivial an error to flop the proceedings ; judgment was entered againft them, and the char^r declared forfeited. The king died before a new form of 168'. government was fettled; but there could be no hope of favour from his fucceflbr, who inherited the arbitrary principles of his brother, and was publickly known to, be a bigoted papifi.

The intended alteration in the govern-« ment was introduced in the fame gradual manner as it had been in New-Hampfhire. A commifTion was iffued, in which Jofeph Dudley, efquire, was appointed prefident of his majeily's territory and dominion of New-England; William Stoughton de- puty prefident; Simon Bradflreet, Robert | Mafon, John Fitz Winthrop, John Pyn^ chon, Peter Bulkley, Edwstrd Randolph, Wait Winthrop, Richard Warton, John Ufher, Nathaniel Saltonftall, Bartho^ lomew Gedney, Jonathan Tyng, Dud- ley Bradllreet, John Hinckes, and Ed- ward Tyng, couniellors. Their jurif-^ didion extended over Mafiachufetts,New^ Hampfhire, Maine and the Narrhagan- fet or King's province. Thefe gentle- men

N E W-H A M P S H I R E. 231

men were moftly natives of the country, 1686. fome of them had been magiftrates, and v-^oJ one of them governor under the charter. No houfe of deputies was mentioned in the commifTion.

The new form of government took place on the twenty fifth day of May ; ^nd on the tenth of June an order of council was iflued for fettling the county courts, which confifted 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 pur- pofe. Thefe courts had the povv'er of try- ing and ilTuing 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 Bodon, 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 county, in a lift given them by the feledt- men 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, Eflex and Hampfliire ; and three provin- ces, viz. New-Hamplhire, Maine, and

King's

232 HISTORY OF

1 686. King's province. By another order of the ^"^^'^ fame date, town-taxes could not be affeffed

Printed or- ders in the but by allowance of two juftices ; and the

members of the council were exempted from paying any part thereof.

Things were conducted with tolerable decency, and the innovations were render- ed as little grievous as pofFible ; that the people ml;4ht be induced more readily to fubmit to the long meditated introduction of a governor-general. Dec. 30. jj^ December following, Sir Edmund

AndrofTe who had been governor of New- York, arrived atBofton with a commiffion, appointing him captain-general and go- vernor in chief of the territory and domi- nion of New-England, in which the co- lony of Plymouth was now included. By this commiffion, the governor with his council, five of whom were a quorum, were impowered to make fuch laws, im- pofe fuch taxes, and apply them to fuch purpofes as they fhould think proper. MS Copy They were alfo empowered to grant lands commiiTi- ou fuch tcrms, and fubje<fl: to fuch quit-, rents, as fliould be appointed by the king. Invefted with fuch powers, thefemen were capable of the moft extravagant anions. Though Androfle, like his mafter, began his adminiftration with the fairefl profef-^.

fions.

on

N E W-H A M P S H I R E. 233

fions, yet like him, he foon violated them, 1686. and proved himfelf a fit inftrument for ac- ^^^^^^^^ complifhing the moft execrable defigns. Thofe of his council who were backward in aiding his rapacious intentions were neglected. Seven being fufficient for a full board, he feled:ed fuch only as vsrere devoted to him, and with their concurrence did what he pleafed. Randolph and Ma- fon were at firft among his confidents ; ' but .afterward when New- York was an- JK-'p! nexed to his government, the members ^^j,-^^ from that quarter were moft in his favour, p^p- p 5''4. To particularize the many inftances of 1687. tyranny and oppreffion which the country '"-y^f^ fuff^ered from thefe men, is not within the defign of this work. Let it fiaffice to ob- ferve, that the prefs was reftrained ; liber- ty of confcience infringed ; exorbitant fees and taxes demanded, without the voice or confent of the people, who had no privi- lege of reprefentation. The charter being vacated, it was pretended that all titles to land were annulled ; and as to Indian deeds, AndrofTe declared them no better than inT^IVF^g'. " the fcratch of a bear's paw." Land- J;;*"''^^-?- holders were obliged to take out patents for their eftates which they had poflefled forty or fifty years ; for thefe patents ex- travagant fees were exuded, and thofe who

would

234 HISTORY OF

1687. would not fubmit to this impofition had

V.-'-VN-^

writs of intrufion brought againft them, and their land patented to others. To hinder the people from confulting about the redrefs 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 permit- ted to go out of the country without ex- prefs leave from the governor. But not- withftanding all the vigilance of the go- vernor, his emiffaries and his guards, the F.Mather's fefolutc and indefatisfable Increafe Mather,

life, p. 107. ^ ° .

minifter of the fecond church in Bofton, and prefident of the college, got on board a {hip and failed for England, with com- plaints in the name of the people againft the governor, 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 expe(5ted. 1688. When the people groaned under fo many real grievances, it is no wonder that their fears and jealoufies fuggefted fome that were imaginary. They believed Androffe to be a papift ; that he had hired the In- dians, and fupplied them with ammuniti- Rcvoiution ^^ to deilroy their frontier fettlements ; and that he was preparing to betray the

country

r^-^-o

jiiftificd, p

N E W-H A M P S H I R E. 235

country into the hands of the French. At 1 6SS. the fame time, the large ftrides that King '"''^^ James the fecond was making toward the eftabhfhment of popery and defpotifm, raifed the moft terrible apprehenfions ; fo that the report of the landing of the Prince of Orange in England was received here with the greateft joy. Androffe was fo alarmed at the news, that he imprifoned the man who brought a copy of the prince's declaration, and publiflied a proclamation commanding all perfons to be in readinefs to oppofe " any invafion from Holland," which met with as much difregard as one he had iffued before, appointing a day of thankfgiving for the birth of a Prince of Wales.

The people had now borne thefe inno- 16S9. vations and impofitions for about three ^^-'-'v-^ years : Their patience was worn out, and their native love of freedom kindled at the profped: of deliverance. The news of a complete revolution in England had not reached them ; yet fo fanguine were their expectations, fo eager were they to prove that they were animated by the fame fpirit with ttieir brethren at home, that upon the rumour of an intended maffacre in the town of Bofton by the governor's guards, they were wrought up to a degree of fury.

On

236 HISTORY OF

1 6(89. On the morning of the eighteenth of April '"'^•'^ the town was in arms, and the country flocking in to their alTiftance. The go- vernor, and thofe who had fled with him to the fort, were feized and committed to prlfon. The gentlemen who had been magiftrates under the charter, with Brad- ftreet, the late governor, at their head, afTumed the name of a council of fafety, and kept up a form of government, in the exigency of affairs, till orders arrived from England ; when Androffe and his accom- plices were fent home as prifoners of ftate, to be difpofed of according to the king's pleafure.

The people of New-Hampfliire had their fiiare of fufferings under this rapacious adminiftration ; and Mafon himfelf did not efcape. Having attended the hearing of Vau^han's appeal to the king which was decided in Mafon*s favour; thejudg- Nov 6. ment obtained here, being affirmed ; and having now the faireft profpe£t of realiz- ing his claim, he returned hither in the fpring of 1687, ^^^ found his views ob-' ftruded in a manner which he little ex- pected. The government was in the hands of a fet of hungry harpies, who looked Hritchin. "^^^^ envy on the large Ihare of territory p.^^s^l'. ^^' which Mafon claimed, and were for par-p

celing

NEW-HAMPSHIRE. 237

celing it out among themfelves. The new 1 689. judges delayed ifluing executions on the '^""^'^^ judgments which he had formerly recover- ed, and the attorney-general, Graham, would not allow that he had power to grant lands by leafes. This confirmed the people in their opinion of the invalidity of his claim, and rendered them (if poffi- ble) more averfe from him than ever they had been. At length, however, he ob- tained from Dudley the chief iuftice, a Msinsni*.

f. . .,. i'i Court hksi

writ of certiorari, dire<Sed to the late judges of New-Hamplhire, by which his caufes were to be removed to the fupreme court juiy 13, of the whole territory, then held at Softon ; 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 sept!i68g. him on a journey from New- York to Al- vo'i.'i.'p. bany ; he died at Efopus, in the fifty ninth coii,a. year of his age ; leaving two fons, John 3^5"''^' and Robert, the heirs of his claim and controverfy.

The revolution at Bofi:on, though ex- tremely pleafing to the people of New- Hampfliire, left them in an unfettled ftate. They waited the arrival of orders from England ; but none arriving, and the peo- ple's minds being uneafy, it was propofed

by

238 HISTORY OF

1689. by fome of the principal gentlemen, that ^'""'^ a convention of deputies from each of the towns (liould confider what was beft to be done. The convention-parliament in Eng- land was a fufficient precedent to autho- rize this proceeding. Deputies were ac- cordingly chofen* and inftrud:ed to refolve upon fome method of government. At 1600. ^^^^^ ^^^ meeting they came to no con- ^--^^ clufion ; but afterward they thought it

Januaiy. , n l • • • • -i

Maffa.Rec. belt to rctum to their ancient union with ■DoLT^nd Maffachufetts. A petition for this pur- coTds? ' "' pofe being prefented, they were readily admitted; till the king's pleafure fhould ,. , be known and members were fent to the

March IZ, . , _

general court which met there in this and , the two following years. The gentlemen who had formerly been in commiffion for the peace, the militia and the civil offices, were by town votes, approved by the ge- neral court, reftored to their places, and

ancient

* The members of this convention were,

I'or Portfmonth. John Tuttle, Major William Vaughan, John Iloberts,

Richard Waldron, Thomas Edgeriyj

Natlianicl Fryer, Nicholas Follet.

Robert Eiiot, For Exeter.

Thomas Cobbett, Robert Wadiey,

Capt. John Pickering, William More,

For Dover. Samuel Leavitt.

Capt. John Woorltnan, [Portlni. Dover and Exeter

Capt. John Gerrilh, Records.]

Jt docs not appear from Hampton records whether they joined

In this lonvention, or returned immediately 10 die govcrnmeiit of Mafiachufetts.

N E W-H A M P S H I R E.

ancient laws and cuftoms continued to be obferved.

Had the inclination of the people been confulted, they would gladly have been annexed to that government. This was well known to Mather and the other agents, who when foliciting for a new charter, earneftly requefted that New-Hampfhire might be included in it. But it .was an- fwered that the people had expreffed an averfion from it and defired to be under a diftin£t government. This could be found- ed only on the reports which had been made by the commiffioners in 1 66 ^^ and by Randolph in his narrative. The true reafon for denying the requeft was ; that Mafon's two heirs had fold their title to the lands in New-Hampfhire to Samuel Allen of London, merchant; for feven hundred and fifty pounds, the entail hav- ing been previoufly docked by a fine and recovery in the court of king's bench; and Allen was now foliciting a recognition of his title from the crown, and a commiffion for the government of the province. When the inhabitants were informed of what was doing, they again aflembled by depu- ties in convention, and fent over a petition to the king, praying that they might be annexed to MaiTachufetts. The petition

was

239

1690.

1691*

I.Mather's Life, pag. 136.

Hutchin. vol. I.pj 4IZ.

April 27,

M.S in .Sup. Court files.

^40 HISTORY OF

1 69 1. Was prefented by Sir Henry Afhurft, and . , '^■'^^^^^ they were amufed with fome equivocal yo\. a. p. 6. promifes of fuccefs by the earl of Notting- ham; but Allen's importunity co-inciding with the king's inclination, effedtually fruftrated their attempt. The claim which Allen had to the lands from Naumkeag 1602. to three miles northward of Merrimack, n.^'TT^ was noticed in the Maffachufetts charter ; and he obtained a commiffion for the go- vernment of New-Hampfhire, in which his fon in law John Uflier, then in Lon- don, was appointed lieutenant governor, with power to execute the commiffion in Allen's abfence. The counfellors named in the governor's inftru<5lions were John Uiher lieutenant governor, John Hinckes* Nathaniel Fryer, Thomas Gratfort, Peter Coffin^ Henry Green, Robert Eliot, John Gerrifh, John Walford and John Love. The governor was inftruded to fend to the fecretary of ftate the names of fix other perfons fuitable for counfellors. Three were a quorum, but the inftrudions were that nothing fliould be done unlefs five were prefent except in extraordinary emer- gencies. Major Vaughan, Nathaniel Weare Ms copy of and Richard Waldron, were afterward

eotn. &c. '

couDcii added to the number.

minutes.

The

N E W-H A M P S H I R E. 241

The council was compofed of men who, 1 692.

Vw^TN^

in general, had the confidence of the peo- ple ; but Ufher was very difagreeable, not only as he had an intereft in Allen's claim to the lands, but as he had been one of Sir Edmund Androfle's adherents, and an adive inftrument in the late oppreffive go- vernment. He arrived with the commif- Council

minuteSo

fion and took upon him the command, on the thirteenth day of Auguft, The people again fubmitted, with extreme re- lud:ance, to the unavoidable neceffity of being under a government diftind fr6m MafTachufetts.

The year 1692 was remarkable for a great mortality in Portfmouth and Green- land by the fmall pox. The infedion was brought in bags of cotton from the Weft Indies, and there being but few people MSLettch who were acquainted with it, the patients fuffered greatly, and but few recovered^

R CHAP.

242 HISTORY OF

C H A P. X.

The ivar 'with the French and Indians^ conunonly called King William^ s ivar.

T was the misfortune of this country to have enemies of different kinds to con- tend 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 af- cribed to divers caufes, was really kindled by the raftinefs of the fame perfons who were making havock of their liberties.

The lands from Penobfcot to Nova-Sco- tia had been ceded to the French, by the Hr.tchin. treaty of Breda, in exchange for the ifland p! S4^T of St. Chrifliopher. On thefe lands the Baron de St. Caftine had for many years refided, and carried on a large trade with the Indians; with whom he was intimate- ly connected ; having feveral of their wo- men, befide a daughter of the fachem Madokawando, for his wives. The lands which had been granted by the crown of England to the duke of York (now King James the fecond) interfered with Caftine's plantation, as the duke claimed to the ri- ver St. Croix. A fort had been built by

his

N E W-H A M P S H 1 R E. 24^

his order at Pemaquid, and a garrifon Ra- tioned there to prevent any intrufion on his property. In 1686 a fhip belonging to Pafcataqua landed fome wines at Penob- fcot, fuppofing it to be within the French territory, Pahner and Weft, the dnke's agents at Pemaquid, went and feized the wines; but by the influence of the French ambaflador in England an order was ob- tained for the reftoration of them. Here- upon a new line was run which took Caf- tine's plantation into the duke's territory* In the fpring of 1688, AndroiTe went in i^SS. th£ Rofe frigate, and plundered Caftine's v>'v>-' houfe and fort; leaving only the orna- ments of his chapel to confole him for the lofs of his arms and goods. This bafe ac- Hntchih tion provoked Caftine to excite the Indi- ^o'^- p^P' dians to a new war, pretences for which were not wanting on their part. They complained that the tribute of corn which had been promifed by the treaty of 1678, had been withheld ; that the fifhery of the river Saco had been obftrudted by feines; that their ftanding corn had been devour- ed by cattle belonging to the Englifh ; that their lands at Pemaquid had been patent- ed without their confent; and that they had been fraudulently dealt with in trade. Some of thefe complaints were doubtlefs R 2 well

244 HISTORY OF

1688. well grounded; but none of them were '^•yw^ ever enquired into or redrefled.

They began to make reprifals at North Yarmouth by killing cattle. Juftiee Black- man ordered fixteen of them to be feized and kept under guard at Falmouth; but others continued to rob and captivate the, inhabitants. Androfle, who pretended to ■ treat the Indians with mildnefs, command-- ed thofe whom Blackman had feized to be| fet at liberty. But this mildnefs had not the defired effedl; the Indians kept their prifoners, and murdered fome of them in their barbarous frolicks. Androfle then changed his meafures, and thought to frighten them, with an army of feven hun- dred men, which he led into their coun- try in the month of November. The rigor of the feafon proved fatal to fome of his men; but he never faw an Indian in his whole march. The enemy were quiet during the winter. 1680 After the revolution, the gentlemert

v.^>-N^ who affumed the government took fome precautions to prevent the renewal of hof- tilities. They fent meflengers and pre- Hitcbin- fents to feveral tribes of Indians, who an- Xi Ma- ' fwered them with fair promifes ; but their prejudice againft the Englifh was too in- veterate to be allayed by fuch means as t'hefe. Thirteen

{!)sr.

N E W-H A M P S H 1 R E. 245

Thirteen years had almoft elapfed fmce 1689. the feizure of the four hundred Indians, ^""'^ at Cochecho, by Major Waldron ; during all which time, an inextinguifhable thirfl of revenge had been cherifhed among them, which never till now found opportunity for gratification*. Wonolanfet, one of the fachems of Penacook, who was difmifled with his people at the time of the feizure, always obferved his father's dying charge not to quarrel with the Engliih ; but Hag- kins, another fachem, who had been treated with neglect by Cranfield, was more ready to liften to the feducing invitations of Caftine's emiflaries. Some of thofe In- dians, 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 between the tribes of Penacook and Pig- wacket, and the ftrange Indians (as they were called) who were incorporated with them, it was determined to furprife the major and his neighbours, among whom they had all this time been peaceably con- verfant. In

* The inveteracy of their hatred to Major Waldron on account of that tranfaftion, appears from what is related by Mr. Williams in the narrative of his captivity, which happened in 1704. When he was in Canada, a jefuit difcourfing with him on the caufcs of their wars with New-England, " julified the Indians in what they did *' againft us; rehcarfing fome things done by Major Waldron '.sbQve 30 years ago, and how juPJy God retaliated them.' pa. 18.

V--~y"s«;

246 HISTORY OF

1689, ^^^ ^^^^ P^^^ of the town of Dover which lies about the firft falls in the river Co^ checho, were five garrifoned houfes ; three on the North fide, viz. Waldron's, Otis's and Heard's ; and two on the fouth fide, viz. Peter Coffin's and his fon's. Thefe houfes were fiirrounded 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 In- dians who were daily paffnig through the towa vifiting and trading with the inha- bitants, as ufiial in time of peace, viewed their fituation with an attentive eye. Some hints of a mifchievous defign had been given out by their fquaws ; but in fuch dark and ambiguous terms that no one could comprehend their meaning. Some of the people were uneafy; but Waldron who, from a long courfe of experience, was in-r timately acquainted with the Indians, and on other occafions had been ready enough to fufpe£t them, was now fo thoroughly fecure, that when fome of the people hint-; ed their fears to him, he merrily bad them to go and plant their pumpkins, faying that he would tell them when the Indians would break out. The very even-

N E W-H A M P S H I R E. 247

mg before the mifchief was done, being 1689. told by a young man that the town was ^'^'^^ full of Indians and the people were much concerned; he anfwered that he knew the Indians very well and there was no danger. The plan which the Indians had pre- concerted was, that two fquaws fhould go to each of the garrifoned houfes in the evening, and aik leave to lodge by the fire ; that in the night when the people were afleep they fhould open the doors and gates, and give the fignal by a whiftle ; upon which the ftrange Indians, who were to be within hearing, fhould rufh in, and take their long meditated revenge. This plan being ripe for execution, on the evening of Thurfday the twenty feventh of June, two fquaws applied to each of thegarrifons for lodging, as they frequent- ly did in time of peace. They were ad- mitted into all but the younger Coffin's, and the people, at their requeft, fhewed them how to open the doors, in cafe they fhould have occafion to go out in the night. Mefandowit, one of their chiefs, went to Waldron'sgarrifon, and was kindly enter- tained, as he had often been before. The fquaws told the major, that a number of Indians were coming to trade with him the next day, and Mefandowit while at

fupper,

248 HISTORYOF

1689. fupper, with his ufual familiarity, faid, ^"^"^^"^^ ' Brother Waldron, what would you do if ' the ftrange Indians fhould come ?* The major carelefsly anfwered, that he could aflemble an hundred men, by lifting up his finger. In this unfufpeding confidence the family retired to reft.

When all was quiet, the gates were o^ pened and the fignal given. The Indians entered, fet a guard at the door, and rufh- ed 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 age of eighty years, he retained fo much vigour 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, ftun- ned him with an hatchet, drew him into his hail, and feating him in an elbow chair on a long table infultingly alked him, " Who fhall judge Indians now ?" They then obliged the people in the houfe to get them fome vid:uals ; and when they had done eating, they cut the major acrofs the breaft and belly with knives, each one with a ftroke, faying, " I crofs out my ac- ^' count." They then cut off his nofe and ears, forcing them into his mouth ; and when fpent with the lofs of blood, he was.

falling

N E W-H A M P S H I R E. 249

falling down from the table, one of them 1689. 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 barking of a dog juft as the Indians were entering : Elder Wentwurth, who was awakened by the noife pufhed them out, and falling 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 him, they fpared his life, and the lives of his family, and contented themfelves with pillaging the houfe. Finding a bag of money, they made him throw it by handfuls on the floor, v/hile they amufed themfelves in fcrambling for it. They then went to the houfe of his fon who would not admit the fquaws in the evening, andfummoned him to furrender, promifmg him quarter: He declined their offer and determined to de- fend his houfe, till they brought out his

father

C.'XN^

250 HISTORY OF

1689. father and threatened to kill him before his eyes: Filial affediion then overcame his refolution, and he furrendered. They put both families together into a deferted houfe, intending to referve them for pri- foners; but while the Indians were bufy in plundering, they all efcaped.

Twenty three people were killed in this furprifal, and twenty nine were captivat- ed; five or fix houfes, with the mills, were burned ; and fo expeditious were the Indians in thfe 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 paiTed 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 pre- ferved. The prefervation of its owner was more remarkable.

Elizabeth Heard, with her three fons and a daughter, and fome others, were re- turning in the night from Portfinouth. They palled up the river in their boat un- perceived by the Indians, who were then in pofleffion of the houfes; but fufpeding danger by the noife which they heard, after they had landed they betook them- felves to Waldron's garrifon, where

they

■^ NEW-HAMPSHIRE. 251

they faw lights, -which they imagined 1689. were fet up for diredion to thofe who ^-^^^^^ might be feeking a refuge. They knocked and begged earneftly for admif- fion ; but no anfwer being given, a young man of the company climbed up the wall, and faw, to his inexpreffible furprize, an Indian Handing in the door of the houfe, with his gun. The w^oman was fo over- come with the fright that fhe was unable to fly ; but begged her children to fhift for themfelves; and they with hfeavy hearts, left her. When flie had a little recovered fhe crawled into fome 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 v/hat 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 re- turning home, found her own houfe fafe. Her prefervation in thefe dangerous cir- cumflances was the more remarkable, if (as it is fuppofed) it was an inflance of juftice and gratitude in the Indians. For at the time when the four hundred were feized in 1676, a young Indian efcaped

and

252 HISTORY OF

1689. and took refuge in her houfe, where fhe

V-'-W^

concealed him ; in return for which kind- nefs he promifed her that he would never kill her, nor any of her family in any fu- ture war, and that he would ufe his influ- ence with the other Indians to the lame purpofe. This Indian was one of the party who furprized the place, and Ihc was well known to the moft of them.

The fame day, after the mifchief was done, a letter from Secretary Addington, written by Order of the government, di- rected to Major Waldron, giving him no- tice of the intention of the Indians to fur- prize him under pretence of trade, fell in-

Riaff, Rec. ^^ *^^ hands of his fon. This defign was communicated to Governor Bradftreet by Major Henchman of Chelmsford, who had learned it of the Indians. The letter

Li'tSr! was difpatched from Bofton, the day be- fore, by Mr. Weare; butfome delay which he met with at Newbury ferry prevented its arrival in feafon.

The prifoners taken at this time were moftly carried to Canada, and fold to the French ; and thefe, fo far as I can learn, were the firft that ever were carried thither*.

The

* One of thefe prifoners was Sarah Gerridi, a remarkably fine child of feven years olil, and grand-daughter of Major Waldron, in whpfe houfe llie lodged that fatal night. Some circum (lances

attending

I

L/->r>^

N E W-H A M P S H I R E. 253

The Indians had been feduced to the 1689, French intereft by popifli emiflaries, who

had

attending her captivity are truly affecting. When (he was awaken- ed by the noife of the Indians in the houfe, flie crept into ano- ther bed and hid herfelf under the clothes to efcape their fearch. She remained in their hands till the next winter, and was fold from one to another feveral times. An Indian girl once pnfiied her into a river; but, catching by the bulhes, (lie cfcaped drown- ing, yet durft not tell how fhe came to be wet. Once fhe was fo weary with travelling that flie did not awake in the morning till the Indians were gone, and then found herfelf alone in the woods, covered with fnow, and without any food ; having found their tracks Ihe 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 her fhe was to be roafted. She burft into tears, threw lier arms round her mafter's neck, and begged him to fave her, which he promifed to do if fhe would behave well. Being arrived in Canada, ihe was bought by the Intendant's lady, who treated her courteoufly, and fent her to a nunnery for education. But when Sir William Phips was at Quebec fhe was exchanged, and returned to her friends, with whom fhe lived till fhe was fix* teen years old.

The v>'ife of Richard Otis was taken at the fame time, with art infant daughter of three months old. I'he French priefts took this child under their care, baptized her by the name of Chriflina^ and educated her in the Romifh religion. She pafTed fome time in" a nunnery, but declined taking the veil, and was married to a Frenchman, by whom fhe had two children. But her defire to fee New-England was fo flrong, that upon an exchange of prifoners in 1714, being then a widow, fhe left both her children, who were not permitted to come with her, and returned home, where fhe abjured the Romifh faith. M. Siguenot, her former confelTor, wrote her a flattering letter, v/arning her of her danger, inviting her to return to the bofom of the catholic church, and repeating many grofs calumnies which had formerly been vented again ft Lu- ther and the other reformers. This letter being fhewn to Gover- nor Burnet, he wrote her a ienfible and niafterly anfwer, refuting the arguments, and detecting the falfehoods it contained : Botlv thefe'letters were printed. She was married afterward to Capt. Thomas Baker, who had been t-iken at Deerfield in 1704, and lived in Dover, where fhe was born, till the year 1773.

Mr. John Emerfon, by declining to lodge at Major Waldron's on the fatal night, though ftrongly urged, met with an happy efcape. He was afterward a minifler at New-Caflle and Portf- mouth.

^5° Some of the circumftances relating to the deftruftion of Cochecho are taken from Mather's Magnalia. The others from the tradition of the fuiferers and their dcfcendautt.

HISTORY OF

had began to fafcinate them with thelf religious and national prejudices. They had now learned to call the Englifh here-* ticks, and that to extirpate them as fuch Was meritorious in the fight of heaven. When their minds were filled with religi- ous phrenzy, they became more bitter and implacable enemies than before; and find- ing the fale of fcalps and prifoners turn to good account in Canada, they had ftill farther incitement to continue their de- predations, and profecute their vengeance*

The necellity of vigorous meafures was now fo prefling, that parties were imme- diately difpatched, one under Captain Noyes to Penacook, where they deftroyed the corn, but the Indians efcaped; another from Pafcataqua, under Captain Wincal^ to Winnipifeogee, whither the Indians had retired, as John Church, who had been ta- ken at Cochecho and efcaped from them, reported : One or two Indians were killed there, and their corn cut down. But thefe excurfions proved of fmall fervice, as the Indians had little to lofe, and could find an home wherever they could find game and fifh.

In the month of Auguft Major Swaine, with feven or eight companies raifed by the Mafiachufetts government, marched

to

N E W-H A M P S H I R E. 25^

to the eaftward; and Major Church, with 1689- aaother party, confifting of E^ngHlh 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, obfer- 'ted how many men belonged to Huck- ing's garrifon ; and feeing them all go out one morning to work, nimbly ran between them and the houfe, and killed them all (being in number eighteen) except one who had palTed the brook. They then attacked the houfe, in which were only two boys (one of whom was lame) with fome women and children. The boys kept them off for fome time and wounded feve- ral of them. At length the Indians fet the houfe on fire, and even then the boys would not furrender till they had proraifed them to ipare their lives. They perfidi- oufiy murdered three or four of the chil- dren; one of them was fet on a fiiarp flake, in the view of its diftreffed mother, who with the other women and the boys were carried captive. One of the boys efcaped the next day. Captain Garner with his company purfued the enemy, but did not come up with them.

The Maffachufetts and Plymouth com- panies proceeded to the eaftward, fettled

garrifons

as6 HISTORY OF

1689. garrifons in convenient places, and had "'^"^'"^ fome Ikirmifhes with the enemy at Cafco and Blue Point. On their return, Major Swainefent a party of the Indian auxiliaries under Lieutenant Flagg toward Winni- pifeogee to make difcoveries. Thefe In- dians held a confultation in their own language; and having perfuaded their lieutenant with two men to return, nine- teen of them tarried out eleven days longer; in which time they found the enemy, ftaid with them tv\^o nights, and informed them of every thing which they defired to know ; Magnaiia, ypon which the enemy retired to their ^7- inacceffible deferts, and the forces returned

without finding them, and in November were difbanded.

Nothing was more welcome to the dif- trefled inhabitants of the frontiers than the approach of winter, as they then expected a refpite from their fufFefings. The deep fnows and cold weather were commonly a good fecurity againft an attack frotn the Indians; but when refolutely fet on mifchief, and inftigated by popifli en- thufiafm, no obftacles could prevent thef execution of their purpofes. * 690. The Count de Frontenac, now governor ■^•^ of Canada, was fond of diftinguifhing himfelf by fome enterprizes againft the

American

N E W-H A M P S H I R E. 257

American fubjeds of King William, with 1690. whom his mailer was at war in Europe, ^^•w-/ 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 Englifh territories. One of thefe parties marched from Mohtreal and deftroyed Schenedlada, a Dutch village on the Mohawk river, in the province of New- York. This action which happened at an unufual time of the year, in the month of February, alarmed the whole country ; and the eaftern fettlements 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 of great repute in Canada, found their way to Salmon falls, a fettlement on the river v>4iich divides New-Hampfhire from the province of Maine. This party confifted of fifty two ; men, of whom twenty five were Indians under Hoophood a noted warrior. They began the attack at day-break, in three different places. The people were fur- prized ; but flew to arms and defended themfelves in the garrilbned houfes, with a bravery which the enemy themfelves applauded. But as in all fuch onfets the affailants have the greateft advantage, fo S they

258 HISTORY OF

1 690. they here proved too ftrong for the defen- ^^'v^ dants ; about thirty of the braveft were killed, and the reft furrendered at difcre- tion, 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 withindoors, and then retreat- ed into the woods, whither they were pur- fued by about one hundred and forty men, fuddenly colleded from the neighbouring towns, who came up with them in the afternoon at a narrow bridge on Woofter's river. Hertel expeding a purfuit, had pofted his men advantageoufly on the op- pofite bank. The purfuers advanced with great intrepidity, and a warm engage- ment enfued, which lafted till night, when they retired with the lofs of four or five cbarkvoix killed ; the enemy by their own account 74- loft two, one of whom was Hertel's ne-

phew ; his fon was wounded in the knee j another Frenchman was taken prifoner, Magnaiia. Vv^ho was fo tcnderlv treated that he em- braced the proteftant faith, and remained in the country. Hertel on his way home- ward met with a third party who had

marched

* Charlevoix fays they burned " twenty feven hoxifes and /wff thoufat'd head of cattle in the barns." The number of buildingSj including mills, barns and otlier outhonfes, might amount to neas twenty ; but the number of cattle as he gives it, is incredible*

lib.7,p.68.

V^/^y-V^

N E W-H A M P S H I R E. 259

marched from Quebec, and joining his 1690. company to them attacked and deftroyed the fort and fettlement at Cafco, the next May. Thus the three expeditions plan- ned by Count Frontenac proved fuccefs- ful ; but the glory of them was much tarnilhed by ads of cruelty, which chrifti- ans fhould be afhamed to countenance, though perpetrated by favages*,

S 2 After

** The following inftances of cruelty exercifed towaals the pri= Jbners taken at Salmon falls are mentioned by Dr. Mather.

Robert Rogers, a corpulent man, being unable to carry the burden which the Indians impofed upon him, threw it in the path and went afule in the woods Jo conceal jiimfeif. They fdiind iiirti by his track, ftripped, beat and pricked hitn with their fwords; then tied him to a tree and danced round him till they Jiad kindled a fire. They gave him time to pray, and take leave of his fellow- prifoncrs who were placed round the fire to fee his death. They pulhed the fire toward him, and when lie was almoft (tifled, took it away to give him time to!)reathe, and thus prolong his mifery ; they drowned his dying groans with their hideous finging and Veiling; all the while dancing round the fire, cutting off pieces of his flelli and throwing them in his face. Wheii he was dead they left his body broiling on the coals, in which Hate it was found by his friends, and buried.

Melietabel Goodwin was taken with a child of five months old. when it cried they threatened to kill it, which made the mother go afide and fit for hours together in the fnow to lull it to fleep 3 her mafter feeing that this liindered her from travelling, took the child, ftruck its head againd a tree, and hung it on one of the branches ; (he would have buried it but he would not let her, telling her that if flie came again that way (he might have the pleafure of feeing it. She was carried to Canada, and after five years retura- ed home.

Mary Plaifted was taken out of her bed, having lain in but thlee weeks. They made her travel with them through the fnow, and *' to eafe her of her burden," as they faid, ftruck the child's head againfl a tree, and threw it into a river.

An anecdote of another kind may relieve the reader after thefe tragical accounts. Thomas Toogood was purfued by three Indians and overtaken by one of them, who having enquired his name,

was

P- 73

260 HISTORY OF

1 690. After the deftrudion of Cafco the eaft- ^■^''^ ern fettlements were all deferted, and the people retired to the fort at Wells. The Indians then came up weftward, and a party of them under Hoophood fometime in May made an affault on Fox Point, [in Newington] where they burned feveral houfes, killed about fourteen people, and carried away fix. They were purfued by Mag. iib.7. the Captains Floyd and Greenleaf, who came up with them and recovered fome of the captives and fpoil, after a fkirmifh in which Floophood was wounded and loft his gun. This fellow was foon after kill- ed by a party of Canada Indians who miftook him for one of the Iroquois, with whom they were at war. On the fourth day of July eight perfons were killed as they were mowing in a field near Lam- prey river, and a lad was carried captive. The next day they attacked Captain Hil- ton's garrifon at Exeter, which was reliev- ed by Lieutenant Bancroft with the lofs of a few of his men ; one of them, Simon

Stone,

was preparing firings to bind him, holding his gun under his arm, which Toogood fcized and went backward, keeping the gun pre- sented at him, and protefting that he would (hoot him if he alarm- ed the others who had flopped on the oppofitc fide of the hill. By this dexterity he efcaped and got lafe into Cochecho; wliilc his adverfai y had no vecoinpence in his power but to call after him by the name of No goad. When he returned to his companions without gun or prifoner, their derifiou made his mifadventure the more grievous.

NEW-HAMPSHIRE. 2^

Stone, received nine wounds with fhct, 1 690. and two ftrokes of a hatchet ; when his ^^-^^^"^ friends came to bury him they perceived Mag. lib. 7. life in him, and by the application of cor- ^' ^'*' dials 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 In- dian track, which they purfued till they came up with the enemy at Whelewright's Pond, [in Lee] where a bloody engage- ment enfued for fome hours ; in which Wifwal, his lieutenant, Flagg, and ferjeant Walker, with twelve more, were killed, and feveral wounded. It was not known how many of the enemy fell, as they al- ways carried off their dead. Floyd main- tained 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 v^ounded, he found feven alive, whom he brought in by funrife the next morning, and then returned to bury the dead. The enemy then went weftward, and in the courfe of one week killed, between Lam- prey river and Almfbury, not lefs than forty people.

The

262

HISTORY OF

1690.

Mag. 73.

MS Letter,

The cruelties exercifed upon the cap- tives in this war exceeded, both in number and degree, any in former times. The moft heakhy and vigorous of them were fold in Canada, the weaker were facrificed and fcalped ; and for every fcalp they had a premium. Two inftances only are re- membered of their releafmg any without a ranfom ; one was a woman taken from Fox Point, w^ho obtained her liberty by procuring them fome of the neceifaries of life ; the other was at York ; where, after they-i had taken many of the people, they reftored two aged women and five children, in return for a generous action of Major Church, who had fpared the lives of as many women and children when they fell into his hands at Amarifcogin.

The people of New-England now look- ed on Canada as the fource of their troubles, and formed a defign to reduce it to fubjec- tion to the crown of England. The en- terprize was bold and hazardous ; and had their ability been equal to the ardour of their patriotifm, it might probably have been accompliihed. Straining every nerve, they equipped an armament in fome degree equal to the fervice. What was wanting in military and naval difcipline was made up in refolution ; and the command was given

to

N E W-H A M P S H I R E. 263

to Sir William Phips, an honeft man, and a 1 690. friend to his country; but by no means ^"^^^ qualified for fuch an enterprife. Unavoida- ble accidents retarded the expedition, fo that the fleet did not arrive before Quebec till October; when it was more than time to return. It being impofTible to continue there to any purpofe; and the troops growing fickly and difcouraged, after fome inef- fedual parade, they abandoned the enter- prize.

This difappointment was feverely felt. The equipment of the fleet and army re- quired a fupply of money which could not readily be colleded, and occafioned a pa- per currency; which had often been drawn into precedent on like occafions, and has proved a fatal fource of the mofl: compli- cated and extenfive mifchief. The peo- ple were almofl; difpirited with the pro- fpe£t of poverty and ruin. In this melan- choly ftate of the country, it was an hap- py circumftance that the Indians volun- tarily came in with a flag of truce, and de- Nov. 29. fired a ceflation of hoftilities. A conference being held at Sagadahock, they brought in ten captives, and fettled a truce till the firfl: day of May, which they obferved till the ninth of June; when they attacked 1691. Storer*s garrifon at Wells, but were brave- v^v-«^

to Prince.

HISTORY OF

\j repulfed. About the fame time they killed two men at Exeter, and on the twenty ninth of September, a party of them came from the eaftward in canoes to

^ y^n-r Sandy Beach, [Rye] where they killed and captivated twenty one perfons. Captain Sherburne of Portfmouth, a worthy officer,

Fitch'sMs. was this year killed at Macquoit. 1602. The next winter, the country being K./^r^ alarmed with the deflrudion of York,

januar.sj. fome ucw regulatious were made for the general defence. Major Eliflia Hutchinfon was appointed commander in chief of the militia; by whofe prudent condud the frontiers were well guarded, and fo con- ftant a communication was kept up, by ranging parties, from one poft to another, that it became impoflible for the enemy to attack in their ufual w^ay by furprife. The good efFed; of this regulation was prefently feen. A young man being in the woods near Cochecho, was fired at by fome Indians. Lieutenant Wilfon imme- diately went out with eighteen men ; and finding the Indians, killed or w^ounded 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

N E W-H A M P S H I R E. 265

on Storer's garrlfon at Wells, where Cap- 1692. tain Convers commanded; who after a ^^-^^^^^ brave and refolute defence, was fo happy as to drive them off with great lofs.

Sir William Phips, being now governor of Maflachufetts, continued the fame me- thod of defence; keeping out continual fcouts under brave and experienced officers. This kept the Indians fo quiet that, ex- cept one poor family which they took at Oyfter river, and fome fmall mifchief at Quaboag, there is no mention of any def- trudion made by them during the year 1693. Their animofityagainftNew-Eng- ^^9^' land 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 without a peace. To obtain Aug. ir. it, they came into the fort at Pemaquid; and there entered into a folemn covenant; wherein they acknowledged fubjeciion to the crown of England ; engaged to aban- don the French intereft; promifed perpe- tual peace; to forbear private revenge; to reftore all captives ; and even went fo far as to deliver hoftages for the due perform- ivTag.p,3j. ance of their engagements. This peace, or rather truce, gave both fides a refpite, which both earneftly defired.

The people of New-Hampfhire were much reduced; their lumber trade and

hufbandry

266 HISTORYOF

1693. hufbandry being greatly impeded by the ^'-^'^ war. Frequent complaints were made of the burden of the war, the fcarcity of pro- vifions, and the difpiritednefs of the peo- ple. Once it is faid in the council minutes that they were even ready to quit the pro- vince. The governor was obliged to im- prefs men to guard the outpofts; they were fometimes difmiffed for want of pro- vifions, and then the garrifon officers cal- led to account and feverely punifhed : Yet all this time the public debt did not exceed four hundred pounds. In this fituation they were obliged to apply to their neigh- bours for affiftance; but this was granted with a fparing hand. The people of Maf- fachufetts were much divided and at vari- ance among themfelves, both on account of the new charter which they had receiv- ed from King William, and the pretend- ed witchcrafts which have made fo loud a noife in the world. Party and paffion had ufurped the place of patriotifm ; and the defence, not only of their neighbours, but of themfelves was neglected to grati- fy their malignant humours. Their go- vernor too had been affronted in this pro- vince, on the following occafion.

Sir William Phips, having had a quar- rel with Captain Short of the Nonfuch fri- gate

N E W-H A M P S H I R.E. 267

gate about the extent of his power as vice 1693.

v.^v-%-/

admiral, arretted Short at Bofton, and put him on board a merchant fhip bound for England, commanded by one Tay, with a warrant to deliver him to the fecretary of ftate. The Ihip put into Pafcataqua, and the Nonfuch came in after her. The lieutenant, Gary, fent a letter to Hinckes, prefident of the council threatening to im- prefs feamen if Short vv^as not releafed. Gary was arretted and brought before the council, where he received a reprimand for his infolence. At the fame time Sir William came hither by land, went on board Tay's fhip, and fent the cabbin-boy with a meflage to the prefident to come to him there; which Hinckes highly refent- ed and refufed. Phips then demanded of Tay his former warrant, and iflued ano- ther commanding the re-delivery of Short to him, broke open Short's cheft, and feized his papers. This adion was looked upon by fome as an exertion of power to which he had no right, and it was pro- pofed to cite him before the council to an- March 30. fwer for afluming authority out of his ju- rifdidion. The prefident was warm; but a majority of the council, confidering Sir William's opinion that his vice admiral's commifFion extended to this province,

(thouj^h

26^ HISTORY OF

1 693. (though Ulher had one, but was not prefent) vxvv-' and that no perlbn belonging to the province

MS in files j^^j ^^^^^ injurcd, advifed the prefident to take no farther notice of the matter. Soon after this Sir William drew off the men whom he had ftationed in this province as foldiers; and the council advifed the lieutenant governor to apply to the colo- ny of Connecticut for men and provifions ; but whether this requeft was granted does not appear.

The towns of Dover and Exeter being more expofed than Portfmouth or Hamp- •:g ton fuffered the greatcft fhare in the com- 1 mon calamity. Nothing but the hope of better times kept alive their fortitude. When many of the eaftern fettlements were wholly broken up, they flood their ground, and thus gained to themfelves a reputati- on which their pofterity boaft of to this day.

1 694. The engagements made by the Indians in the treaty of Pemaquid, might have been performed if they had been left to their own choice. But the French miffion- aries had been for fome years very affidu- ous in propagating their tenets among I them, one of which was ' that to break ' faith with hereticks was no fm.' The Sieur de Villieu, w4io had diftinguiflied

himfelf

V.'-v^^

N E W-H A M P S H I R E. 269

himfelf in defence of Quebec when Phlps 1694.

U-yx-/

was before It, and had contracted a ftrong antipathy to the New-Englanders, being now in command at Penobfcot, he with M. Thury, the miffionary, diverted Ma- dokawando and the other fachem^ from complying with their engagements; fo that pretences were found for detaining the Enghfh captives, who were more in number, and of more confequence than the hoftages whom the Indians had given. Influenced by the fame pernicious councils, they kept a watchful eye on the frontier towns, to fee what place was moft fecure and might be attacked to the greateft ad- vantage; The fettlement at OyRer river, within the town of Dover, was pitched upon as the moft likely place; and it Is fald that the defign of furprlzlng it was publickly talked of at Quebec two months before it was put in execution. Rumours of Indians lurking in the woods there- about made fome of the people apprehend danger; but no mifchief being attempted, they imagined them to be hunting parties, Magnaih. and returned to their fecurity. At length, '"' ^'^' the neceffary preparations being made, Villieu, with a body of two hundred and fifty Indians, colleded from the tribes of charievoix St, John, Penobfcot and Norridgwog, at- Jo. ^' ^'

tended

270 H I S T O R Y O F

1 694. tended by a French prieft, marched for the

^^'""^"^ devoted place.

Oyfter river is a ftream which runs into the v^eftern branch of Pafcataqua; the fettlements were on both fides of it, and the houfes chiefly near the wa- ter. Here were twelve garrifoned houfes fiifficient for the defence of the inhabitants, but apprehending no danger, fome fami-* lies remained at their own unfortified houfes, and thofe who were in the garri-^ fons were but indifferently provided for defence fome being even deftitute of pow- der. The enemy approached the place un- dilcovered, and halted near the falls on Tuefday evening, the feventeenth of July. Here they formed into two divifions, one of which was to go on each fide of the river and plant themfelves in ambulh, in fmall parties, near every houfe, fo as to be ready for the attack at the rifing of the fun; the firft gun to be the fignal. John Dean, whofe houfe ftood by the faw-mill at the falls, intending to go from home very early, arofe before the dawn of day, and was fhot 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 arrived at their fl:ations ; the people in general were immediately

alarmed,

N^>-N^

N E W-H A M P S H 1 R E. 271

alarmed, fome of them had time to make 1 694. 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 fourteen perfons ; one of them, being a woman with child, they ripped open. The grave is ftill to be feen in which they were all buried. Drew fur- rendered his garrifon on the promife of fecurity, but was murdered when he fell into their hands ; one of his children, 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 eva- cuated ; the people took to their boat, and one of them was mortally wounded before they got out of reach of the enemy's Ihot, 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 taken in them, or elfe in endea- vouring to fly to the garrifons. Some efcaped by hiding in the bufhes and other

fecret

272 HISTORY OF

1694. fecret places. Thomas Edgerly, by con- ^'^"^^ cealing himfelf in his cellar, preferved his houfe, though twice fet on fire. The houfe of John Bufs, the minifter, was de- ftroyed with a valuable library. 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 were left under the care of an old Indian while the others returned to their bloody work. The Indian complained of a pain in his head, and aiked the woman what would be a proper remedy : fhe anfwered,Occapee, which is the Indian v>rord for rum, of which fhe knew he had taken a bottle from her houfe. The remedy being agreeable, he took a large dofe and fell afleep; and fhe took that opportunity to make her efcape, with her child, into the woods, and kept concealed till they were gone.

The other feven garrifons, viz. Burn- ham's, Bickford's, Smith's, Bunker's, Davis's, Jones's and Woodman's were re- folutely and fuccefsfuUy defended. At Burnham's the gate was left open : The Indians, ten in number, who were ap- pointed to furprize it, were afleep under

the

N E W-H A M P S H I R E. 273

the bank of the river, at the time that the 1 694. alarm was given. A man within, who """^^ had been kept awake by the tooth-ach, , hearing the firft gun, roufed the people and fecured the gate, jilft as the Indians who were awakened by the fame noife were entering* Finding themfelves dif- appointed, they ran to Pitroan*s, a defence- lefs houfe, and forced the door at the ino- ment that he had burft a way through that end of the houfe which was next to the garrifon, to which he with his family, taking advantage of the fhade of fome trees, it being moonlight, happily efcaped. Still defeated, they attacked the houfe of John Davis, which after fome refiftance he furrendered on terms ; but the terms V7ere violated, and the whole family either killed or made captives. Thomas Bick- ford preferved his houfe in a fmgular manner. It was fituated near the river, and furrounded with a palifade. Being alarmed before the enemy had reached the houfe, he fent off his family in a boat, and then fhutting his gate, betook himfelf alone to the defence of his fortrefs. Defpifing alike the promifes and threats by which the Indians w^ould have perfuaded him to furrender, he kept up a conftant lire at them, changing his drefs as often as he T could,

1J4 HISTORY OF

1 694. could, fhewing himfelf with a different ^-'"''^ cap, hat or coat, and fometimes without either, and giving direi^iions aloud as if he had 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 admirable addrefs. Smith's, Bunker's, and Davis's garrifons, being feafonably appriz- ed of the danger, were refolutely defended, one Indian was fuppofed to be killed and another wounded by a ihot from Davis's. Jones's garrifon was befet before day j Capt, Jones hearing his dogs bark, and imagin- ing wolves might be near, went out to fecure fome fwine and returned unmolefted. He then went up into the flankart and fat on the wall. Difcerning the flafh of a gun, he dropped backward; the ball entered the place from whence he had withdrawn his legs. The enemy from behind a rock kept firing on the houfe for fome time and then quitted it. During thtfe tranf- adions the French prieft took pofTeflion of the meeting-houfe, and employed himfelf in writing on the pulpit with chalk; but the houfe received no damage.

Thofe parties of the enemy who were on the fouth fide of the river having com- pleted their deftrudive work, collected in

a field

O'V^

N E W-H A M P S H I R E. 275

a field adjoining to Burnham's garrifon, 1694* where they infultingly fhewed their pri- forifers, and derided the people, thinking themielves out of reach of their fhot. A young man from the centry-box fired at one who was making fome indecent figns of defiance, and wounded him in the heel : Him they placed on a horfe and carried away. Both divifions then met at the falls, where they had parted the evening before, and proceeded together to Capt. Wood- man's garrifon. The ground being un- even, they approached without danger, and from behind a hill kept up a long and fevere fire at the hats and caps which the people within held up on flicks above the walls, without any other damage than galling the roof of the houfe. At length, apprehending it was time for the people in the neighbouring fettlements to be col- leded in purfuit of them, they finally withdrew ; having killed and captivated between ninety and an hundred perfons, and burned about twenty houfes, of which five were garrifons*. The main body of them retreated over Winnipifeogee lake, where they divided their prifoners, fepa- rating thofe in particular who were moft T 2 intimately

* Charlevoix with liis ufuiil parade boafts of their having killed .tvo hundred and thirty people, and burned fitty or fixty houfes. He fpcaks of only two furts, both of which were llonncd.

276 HISTORY OF

1694. intimately conneded, in which they oftea ^^"^^ took a pleafure fuited to their favage na- turef.

About forty of the enemy under Tox- us, a Norridgwog chief, refolving on far- ther mifchief, went weftward and did ex- ecution as far as Groton. A fmaller par- ty having crofled the river Pafcataqua, came to a farm where Urfula Cutts, wi- dow 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 fhould be finifhed. As Magnaiia, flie was iu thc ficld with her labourers, the 26. * enemy fired from an ambufh and killed her, with three others. Colonel Richard

Waldron

f Among tbefe prifoners were Thomas Drew and liis wife who were newly married. He was carried to Canada, where he conti- nued two years and was redeemed. She to Norridgwog, and was gone four years, in which fhe endured every thing but death. She was delivered of a child in the winter, in the open air, and in a violent fnow ftorm. Being unable to fuckle Ix'r chikl, or provide it any food, the Indians killed it. She lived fourteen days on a dscoftion of the bark of trees. Once they iet her to draw a fled up a river againft a piercing north-weft wind, and left her. She was (o overcome with the cold that fhe grew fleepy, laid down and was nearly dead, when they returned ; they carried her fenfclefs to a wigwam, and poured warm water down her throat, which re- covered her. After her return to her huftand, (he had fourteen children ; they lived together till he was ninety three and Ihe eigh- ty nine years of age ; they died within two days of each other and were buried in one grave.

^y" '1 hefe particular circumftances of the deftruftion at Oyftcr river were at my defire collefted from the information of aged peo- ple by John Smith, Efq^ a dcfccfldant of one of thefufierins fanai- lies.

N E W-H A M P S H I R E.

Waldron and his wife with their infant fon (afterward fecretary) had almoft fhar- ed the fame fate; they were taking boat to go and dine with this lady, when they wereftopped by the arrival of fome friends at their houfej 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 ele- gance. The fcalps taken in this whole expedition were carried to Canada by Ma- dokawando, and prefented to Count Fron- tenac, from whom he received the reward of his treacherous adventure.

There is no mention of any more mif- 1695. chief 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 1696. May, John Church, who had 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 bufhes near the fhore. Some fufpicion was formed the day before by reafon of the cattle running out of the

woods

^78 HISTORY OF

1696. woods at Little-harbour; but falfe alarms ^^^^ were frequent and this was not much re- garded. Early in the morning the attack \vas made on five houfes at once ; fourteen perfons \Yere killed on the fpot, one was fcalped and left for dead, but recovered, and four were taken. The enemy having plundered the houfes of vv^hat they could carry, fet them on fire, and made a pre- cipitate retreat through the great fwamp. A company of militia under Captain Shackford and Lieutenant Libbey purfued, and difcovered them cooking their break- faft, at a place ever fmce called Breakfaft- hill. The Indians were on the farther fide, having placed their captives between them- felves and the top of the hill, that in cafe of an attack they might firft receive the fire. The lieutenant urged to go round the hill, and come upon them below to cut off their retreat ; but the captain fear- ing that in that cafe they would, accord-j ing to their cuftom, kill the prifoners, rufhed upon them from the top of the hill, by which means they retook the captives and plunder, but the Indians, rolling down the hill, efcaped into the fwamp and got to their canoes. Another party, under another commander, was then fent out in fhallops to intercept them as they fliould

crofs

N E W-H A M P S H 1 R E. 279

crofs over to the eaftward by night. The 1696. captain ranged his boats in a line, and or- v-^vn^^ dered his men to referve their fire till he gave the watch-word. It being a calm night the Indians were heard as they ad- vanced ; but the captain, unhappily giving the word before they had come within gun-fhot, they tacked about to the fouth- w^ard, and going round the liles of Shoals, by the favour of their light canoes efcaped. Tlie watch-word was Crambo, which the captain ever after bore as an appendage to his title*. On the twenty fixth day of July, the people of Dover were waylaid as they were returning from the public worfhip, when three were killed, three Magnaik, wounded, and three carried to Penobfcot, from whence they foon found their way home.

The next year on the tenth of June, 1697. the town of Exeter was remarkably pre- '^^'^^"^ ferved from deftru<ftion. A body of the enemy had placed themfelves near the town, intending to make an alTault in the morning of the next day. A number of women and children contrary to the advice of their friends went into the fields, with- out a guard, to gather ftrawberries. When

they

* The account of this tranfaction I had from tlie late Judge Parker, who had taken pains to preferve it. It is mentioned, but not circumftantially, by Dr. Mather. Magnalia, lib. 7. p. 83.

(28o HISTORY OF

1697, they were gone fome perfons, to frighten ^"^"'^ them, fired an alarm ; which quickly fpread through the town, and brought the people together in arms. The Indians fuppofing that they were difcovered, and quickened by fear, after killing one, wounding ano- ther, and taking a child, made a hafty re- treat and were feen no more there. But on the fourth day of July they waylaid and killed the worthy Major Froft at Kit^ tery, to whom they had owed revenue p- 91- ever fmce the feizure of the four hundred

MS Jour- •I'll

nai. at Cochecho, m which he was concerned.

The fame year an invafion of the coun- try was projected by the French. A fleet was to fail from France to Newfoundland 5ind thence to Penobfcot, where beingjoin- ed by an army from Canada, an attempt was to be made on Bofton, and the fea- coaft ravaged from thence to Pafcataqua. The plan was too extenfive and compli- cated to be executed in one fummer. Thq fleet came no further than Newfoundland; when the advanced feafon, and fcantinefs of provifions obliged them to give o\ er the defign. The people of New-England were apprized of the danger, and made the beft preparations in their power. They ftrengthened their fortifications on the coaft, and raifed a body of men to de- fend

N E W-H A M P S H I R E. sgi

fend the frontiers againft the Indians who 1697. were expecSted to cooperate with the ^^"^^ French. Some mifchief was done by lurking parties at the eaftward; but New- Hampfhire was unmolefted by them during the remainder of this, and the whole oiF the following year.

After the peace of Ryfwick, Count i5q8. Frontenac informed the Indians that he v,.-^"nj could not any longer fupport them in a war with the Englifh, with whom his na- tion was now at peace. He therefore ad- vifed them 10 bury the hatchet and reftore their captives. Having fuffered much by famine, and being divided in their opini- ons about profecuting the war, after a long time they were brought to a treaty at t5qq Cafco ; where they ratified their former \^^v>^ engagements ; acknowledged fubjedtion to januar.7. the crown of England ; lamented their former perfidy, and promifed future peace Mag. iib.7. and good behaviour in fuch terms as the commiffioners dictated, and with as much fmcerity as could be expeded. At the fame time they reftored thofe captives who were able to travel from the places of their detention to Calco in that unfavourable feafon of the year ; giving afllirance for the return of the others in the fpring ; but piany of the younger fort, both males and

females,

p. <;4.

282 HISTORY OF

1699. females, were detained ; who, mingling H^itd^. "^i^^ ^^^ Indians, contributed to a fuccef- voi. a. p. fion of enemies in future wars againft their

no. o

own country.

A general view of an Indian war will give a juft idea of thefe diftreffing times, and be a proper clofe to this narration.

The Indians were feldom or never feen before they did execution. They appear- ed not in the open field, nor gave proofs of a truly mafculine courage ; but did their exploits by furprize, chiefly in the morn- ing, keeping themfelves hid behind logs and bufhes, 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 fee'ble, as they were fparing of ammunition, and as near as pofTible to their objed before they 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 together, watching the motions of the people at their work, without daring to difcover themfelves. One of their chiefs who had got a woman's riding-hood among his plunder would put it on, in an evening, and walk into the ftreets of Portfmouth,

looking

N E W-H A M P S H I R E. 283

looking into the windows of houfes and liftening to the converfation of the people. Their cruelty was chiefly exercifed upon children, and fuch aged, infirm, or cor- pulent perfons as could not bear the hard- fhips 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 daihed out a- gainft the next tree or ftone. Sometimes • to torment the wretched mother, they would whip and beat the child till almoll 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 mother could not readily ftill its w^eeping, the hatchet was buried in its fkuli. A captive weari- ed with his burden laid on his flioulders w^as often fent to reft the fame way. If any one proved ref rad:ory, or was known to have been inftrumental 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 ftake, while the other captives were infulted with the fight of his miferies. Sometimes a fire would be kindled and a threatening given out againft one or more, though there was no intention of facrificing them, only to make

fport

284 HISTORY OF

fport of their terrors. The young Indi- ans often fignalizeii their cruelty in treat- ing captives inhumanly out of fight of the elder, and when inquiry was made into the matter, the infulted captive muft either be filent or put the beft face on it, to pre- vent worfe treatment for the future. If a captive appeared fad and dejeded he was" fure to meet with infult; but if he could fing and dance and laugh with his mafters, he was careffed as a brother. 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 fitting, and then girding themfelves round the waift, travelled without fufte- nance till chance threw more in their way. The captives, unuled to fuch canine re- pafts and abftinences, could not fupport the furfeit of the one nor the craving of the other. A change of mafters, though it fometimes proved a relief from mifcry, yet rendered the profpcd: of a return to their home more diftant. If anljidian had loft a relative, a prifoner bought for a gun, a hatchet, or a few ftiins, muft fupply the place of the deceafed, and be the father brother, or fon of the purchafer ; and thofe

who

N E W-H A M P S H I R E. 285

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 moft hap- py event to a captive, efpecially if he be- came a fervant in a family; though fome- times even there a prifon was their lot, till opportunity prefented for their redemp- tion; while the priefts employed every fe- ducing art to pervert them to the popifh religion, and induce them to abandon their country. Thefe circumftances, joined with the more obvious hardlhips of travelling half naked and barefoot through pathlefs deferts, over craggy mountains and deep fwamps, through froft, rain and fnow, expofed by day and night to the inclemency of the weather, and in fummer to the ve- nomous ftings of thofe numberlefs infeds with which the woods abound; the reft- lefs anxiety of mind, the retrofpedl 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 ap- prehenfion of death either by famine or the favage enemy ; thefe were the horrors of an Indian captivity.

On

286 ' HISTORY OF

On the other hand, it muft be acknow- ledged that there have been inftances of juftice, generofity and tendernefs during thefe wars, which would have done honor to a civiHzed people. A kindnefs fhewn to an Indian was remembered as long as an injury ; and perfons have had their lives fpared for ads of humanity done to the anceftors of thofe Indians into whofe hands they have fallen*. They would fometimes " carry children on their arms and {houl- " ders, feed their prifoners with the beft "of their provifion, and pinch them^felves " rather than their captives fhould want " food." When fick or wounded they would afford them proper means for their recovery, which they w^ere very well able to do by their knowledge of fimples. In thus preferving the lives and health of their prifoners, they doubtlefs had a view of gain. But the moll remarkably fa- vourable circumftance in an Indian capti- vity, was their decent behaviour to women. . I have never read, nor heard, nor could find by enquiry, that any woman who fell

into

* Several inflattccs to this purpofe have been occifionally men- tioned in the couti'e of this narrative. The following Bilditional cne is taken from Capt. Hammond's MS Journal. " April 13, " 1677. The Inihans Simon, Andrew and Peter liurntthe houfe ♦' of Edward Weymouth at Sturgeon creek. They plundered the " houfe of one Crawley but did not kill hiiHj becaufe of fomekiiid' " nefles dons to Sinio.i's grandiRotlicr."

N E W-H A M P S H I R E. 287

into their hands was ever treated with the leaft immodefty ; but teftimonies to the contrary are very frequentf. Whether this negative virtue is to be afcribed to a natural frigidity of conftitution, let phi- lofophers enquire : The fadt is certain ; and it was a moft happy circumftance for our female 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 dif- graced not only the perfonal but the na- tional character of thofe who make large pretences to civilization and humanity.

f Mary Rowlandfon who was captured at Lancafter, in 1675, has this pafTage in her narrative, (p. SS) " ' l^^ve been in the midft of thefe roaring lions and favage bears, that feared neither God nor man nor the devil, by day and night, alone and in com- pany ; fleeping all forts together, and yet not one of them ever offered me the leaft abufe of unchaftity in word or adion."

Elizabeth Hanfon who was taken from Dover in 1724, teftifies in her narrative, (p. a8.) that '* the Indians are very civil toward their captive women, not offering any incivility by any indecent carriage."

William Fleming, who was taken in Pennfylvania, in 1755, fays the Indians told him " he need not be afraid of their abufing his wife, for they would not doit, for fear of offending their God (pointing their hands toward heaven) for the man that affronts his God will furely be killed when he goes to war." He farther fays, that one of them gave his wife a fhift and' petticoat which he had among his plunder, and though he was alone with her, yec *' he turned his hack, and went to fome diftance while fhe put them on." (p. 10.)

Charlevoix in his account of the Indians of Canada, fays (letter 7.) " There is no example that any have ever taken the leaft li- berty with the French women, even when they were their pri- foners."

CHAP,

288 HISTORY OF

CHAP. XL

The ci'vil affairs of the province during the adminijirations of Ufher^ Partridge^ AUen^ the Earl oj Bellamont and Dudley -, co?npr eh ending the nvhole controverfy ivith Allen and his heirs,

O H N Ulher, Efquire, was a native of Bofton, and by profeffion a ftationer* He was pofleffed of an handfome fortune, and fuftained a fair charadter in trade. He had been employed by the Maffachufetta government, when in England, to nego- ciate the purchafe of the province of Maine, from the heirs of Sir Ferdinando Gorges, and had thereby got a tafte for fpeculating i in landed intereft. He was one of the partners in the million purchafe, and had fanguine expectations of gain from that quarter. He had rendered himfelf unpo- pular among his coutrymen, by accepting the office of treafurer, under Sir Edmund Androffe, and joining with apparent zeal in the meafures of that adminiftration, and he continued a friendly connexion pai')e!s! with that party, after they were difplaced. Though not illnatured, but rather of an open and generous diipofition, yet he

wanted

N E W-H A M P S H I R E. ^8.

I- ' wanted thofe accompiirhments which hei

might have acquired by a learned and polite education. He was hut litdeof the ftatef- man, and lefs of the courtier. Inftead of an engaging affability he affe(li>:ed a feveri- ty in his deportment, was loud in conver- fation, and ftern in command. Fond of prefiding in government, he frequently journied into the province, (though his refidence was at Bofton, where he carried on his bufinefs as ufual,) and often fum- moned the council when he had little or nothing to lay before them. He gave or- ders, and found fault like one who felt himfelf independent, and was determined to be obeyed. He had an high idea of his authority and the dignity of his com- miffion, and when oppofed and infulted, as he fometimes was, he treated the of- fenders with a feverity which he would not relax till he had brought them to fub- miffion. His public fpeeches were al- ways incorrect, and fometimes coarfe and fiiT*!'"" reproachful.

He feems, however, to have taken as much care for the intereft and prefervation of the province as one in his circiimftan- ces could have done. He began his ad- miniftration in the height of a war which greatly diftreffed and impoverifhed the U country

290

HISTORY OF

country, yet his views from the beginning were lucrative*. The people perceived thefe views, and were aware of the danger. The transfer of the title from Mafon to Allen was only a change of names : They expeded a repetition of the fame difficul- ties under a new claimant.. After the op- pofition they had hitherto made, it could not be thought ftrange that men whofe pulfe beat high for freedom, fhould refufe to fubmit to vaflTalage ; nor, while they were on one fide defending their poffeffions againft a favage enemy, could it be ex- pelled, that on the other, they fhould tamely fufrer the intrufion of a landlord. Ufher's interefi: 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 quef- tion, they flood on oppofite fides ; and as both thefe controverfies were carried on at the fame time, the condud: of the peo- ple toward him varied according to the

exigency

* 111 a letter to George Dorrlngton and John Taylor in London, he writes thus; " Jan. 29, 169I. In cafe yourfelves are concern- •' eel in the province of New-Hampiliire, with prudent manage- " ment it may be worth money, the people only paying; 4cl and *\zd per acre. « The reafon why the commonalty of the people do " not agree is becaufc 3 or 4 of the great landed men dlfluade "them from it. The people have petitioned the king to be an- •' nexed to Boflon government, hut it will not be for the proprie- " tor's intereft to admit of that unlefs the king fends » s«ncjal "governor over all.''

N E W-H A M P S H I P. E. 291

exigency of the cale; they fometimes vot- ed him thanks for his fervices, and at other times complained of his abufing and op- preffing them.

Some of them would have been content td have held their eftates under Allen's titlef , but the greater part, including the ^

principal men, were refolved to oppofe it to the laft extremity. They had an aver- fion not only from the proprietary claim on their lands, but their feparation from the Maffachufetts government,under which they had formerly enjoyed fo much free- dom 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 un- able they were to fubfift alone. They knew alio that the Maffachufetts people were as averfe as themfelves from Allen's claim, which extended to a great part of their lands, and was particularly noticed in their new charter.

Soon after Ufher's arrival, he made en- quiry for the papers which contained the tranfadtions relative to Mafon's fuits. Du- ring the fufpenfion of government in 1689, U 2 Captain

•f " I have 40 hands in Exeter who defire to take patents for "lands from you, and many in other towns."

Ulher to Allen, Odober 1695.

S92 HISTORY OF

Captain John Pickering, a man of a rougli and adventurous fpirit, antl a lawyer, had gone with a company of armed men to the houfe of Chamberlayne, the late fecre- tary and clerk, and demanded the records- and files which were in his pofTeffioru Chamberlayne 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 fummoned before the go- vernor, threatened and imprifoned, but for fome time would neither deliver the booksy nor dilcover the place of their conceal- ment, unlefs by order of the affembly and to fome perfon by them appointed to re- ceive them. At length however he was conftrained to deliver them, and they were put into the hands of the fecretary, by the lieutenant-governor's order. 1693. Another favourite point withUlher was

^•^''^ to have the boundary between New- Hampfliire and Maflachufetts afcertained : There were reafons which induced fome of the people to fall in with this defire. The general idea was, that New-Hampfhire began at the end of three miles north of the river Merrimack ; which imaginary ^ line was alfo the boundary of the adjoin- ing townfliips on each fide. The people

who

N E W-H A M P S H I R E. 293

"who lived, and owned lands near thefe li- 1693, mits, pretended to belong to either pro- ^-^^^^ vince, as beft fuited their conveniency ; which caufed a difficulty in the colleding taxes, and cutting timber. The town of Hampton was fenfibly afFeded with thefe i695« difficulties, and petitioned the council that qVX^. the line might be run. The council ap- pointed a committee of Hampton men to do it, and gave notice to the Mallachufetts of their intention ; defiring them to join Prov. files. in the affair. They difliked it and declin- ed to ad. Upon which the lieutenant- governor and council of New-Hamp(hire caufed the boundary line 10 be run from the fea-{hore three miles northward of Brief of the Merrimack, and parallel to the river, as Ham°^^nd far as any fettlements had been made, or ^aflachu.

^ , ' Itated by

lands occupied. strange &

The only attempt made to extend the 17.38,?. 3. fettlement of the lands during thefe times, was that in the fpring of the year 1694, ■while there was a truce with the Indians. Ufher granted a charter for the townfhip of Kingfton to about twenty petitioners from Hampton. They were foon dif- couraged by the dangers and difficulties of the fucceeding hoftilities, and many of them returned home within two years. After the war they refumed their enter-

prize J

^94 1695.

1693.

pjov. files.

HISTORY OF

prize; but it was not till the year 1725J that they were able to obtain thefettlement of a minifter. No other alterations took place in the old towns, except the repara- tion of Great liland, Little Harbour, and Sandy Beach, from Portfmouth, and their erection into a town by the name of New- caftle; together with the annexation of that part of Squamfcot patent which now bears the name of Stretham, to Exeter, it having before been conneded with Hampton.

The lieutenant-governor was very for- ward in thefe tranfad:ions, thinking them circumftances favourable to his views, and beirlg willing to recommend himfelf to the people by feconding their wifhes fo far as was confiftent with the intereft he meaned to ferve. The people, however, regarded the fettling and dividing of tov^^nlhips, and the running of lines, only as matters of general convenience, and continued to be difgufted with his adminiftration. His re^ peated calls upon them for money were anfvvered by repeated pleas of poverty, and requefts for afTiftance from the neigh- bouring province. Ulher ufed all his in- fluence with that government to obtain a fupply of men to garrifon the frontiers; and when they wanted provifions tor the

garrifonSj

N E W-H A M P S H I R E. 295

garrlfons, and could not readily raife the 1 693. money, he would advance it out of his v.'v-vJ own purfe and wait till the treafury could reimburfe it.

For the two or three firft years of his adminiftration the public charges were provided 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, Uiher vehemently urged upon the 1 50 c. .aflembly a renewal of the acSt, and an ex- yv\> tenfion of the duty to articles of export ; "'' ^ ^* and that a part of the money fo raifed might be applied to the fupport of govern- ment. The anfwer he obtained was, that ' confidering the expofed ftate of the pro- ' vince, they were obliged to apply all the

* money they could raife to their defence;

* and therefore they were not capable of ' doing any thing for the fupport of go- ' vernment, though they were fenfible ' his honour had been at confiderable ex- ' pence : They begged that he would join ' with the council in reprefenting to the

* king the poverty and danger of the pro- ' vince, that fuch methods might be taken

* for their fupport and prefervation as to ' the royal wifdom Ihould feem meet.' Being further preiTed upon the fubjed,

they

296 HISTORY OF

1695. they pafTed a vote to lay the propofed du-?

^•^^^'"^ ties for one year, ' provided he and the

' council would join with them in petition-

' ing the king to annex them to the Mafla-

^ chufetts.*

He had the mortification of being difap- pointed in his expectations of gain, not only from the people, but from his employer. Allen had promiled him two hundred and fifty pounds per annurnfor executing his ' commillion; and when at the end of the third year, Ufher drew on him for the payment of this fum, his bill came back protefted*. This was the more mortifyr- ing, as he had affiduoufly and faithfully attended to Allen's intereft, and acquaint- ed him from time to time with the means he had ufed, the difficulties he had en- countered, the pleas he had urged, the time he had fpent, and the expence he had incurred in defence and fupport of his ufhcr'siet- claim. He now defired him to come over len July aud affumc the government himfelf, or 3695. "' get a fuccedor to him appointed in the of- fice of lieutenant-governor. He did not know that the people were before hand of him in this latter requeft.

On

* It is probable that Allen was not able to comply with this demand. The piirchafe of the province from the Mafons had hse^ made " with other men's money." ' J-ctter of Uflicr to Sir Matthew Dudley, Sept. 1718.

N E W-H A M P S H I R E. 297

On a pretence of difloyalty he had re- 1 695. moved Hinckes, Waldron, and Vaughan ^■^^'^ from their feats in the council. The for- mer of thefe was a man who could change with the times ; the two latter were fteady oppofers of the proprietary claim. Their fufpenfion irritated the people, who, by their influence, privately agreed to recom- mend William Partridge, Efq. as a pro- per perfon for their lieutenant-governor in Ufher's ftead. Partridge was a native of Portfmouth, a fhlpwright, of an extra- ordinary mechanical genius, of a politic turn of mind, and a popular man. He was treafurer of the province, and had been ill ufed by Uiher. Being largely concerned in trade he was well known in England, having fupplied the navy with mafts and timber. His fudden departure for England was very furprizing to Ufher, who could not imagine he had any other bufmefs than to fettle his accounts. But the furprife was greatly increafed when he returned with a commiffion appointing 1607. him lieutenant-governor and commander Lr\r\j in chief in Allen's abfence. It was obtain- >""3fy- ed of the lords juftices in the king's ab- An^urffs fence, by the intereft of Sir Henry Afliurft, ^^7;,^^ '" and was dated June 6, 1696.

Immediately

298 HISTORYOF

1697. Immediately on his arrival, his appoint- "^^""^^ ment was publickly notified to the people ; though, either from the delay of making out his inftrudions, or for want of the form of an oath neceflary to be taken, the commiflion was not publifhed in the ufu- al manner: But the party in oppofition to Ufher triumphed. The fufpended counfeliors refumed their feats, Pickering was made king's attorney, and Hinckes as prefident of the council, opened the af-

jiineg. fembly with a fpeech. This alTembly or-

Ms Laws, dc^cd t^c records which had been taken from Pickering to be depofited in the hands of Major Vaughan, who was ap- pointed recorder : In confequence 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 commiflion could fuperfede his till duly publifhed ; and intimated his inten- tion of coming hither " if he could be fafe " with his life.'* He alfo difpatched his

3?tbiu. 20, fecretary, Charles Story, to England, with an account of this tranfadion, which in one of his private letters he il:yles " the " Pafcataqua rebellion;" adding, that "the " militia were raifed, and forty horfe fent ^' to feize him j" and intimating that the

confufion

ler s

Letters.

N E W-H A M PS H 1 R E. 299

•confufion was fo great, that " if but three i 697. *' French (hips were to appear, he believ- ^ih " ed they would fur render on the fir ft *' fummons." The extreme imprudence of fending fuch a letter acrofs the Atlan- tic in time of war, was ftill heightened by anapprehenfion which then prevailed, that the French were preparing an armament to invade the country, and that " they stoJJl^I' " particularly defigned for Pafcataqua of'p'.ilf^^'' " river." ^" fi'"-

In anfwer to his complaint, the lords of trade directed him to continue in the place Augufi s- of lieutenant-governor till Partridge fhould qualify himfelf, or till Richard, Earl of Bellomont, fhould arrive ; who was com- miffioned to the government of New-York, . Malfachufetts Bay and New-HampOiire ; but had not yet departed from England, Uflier received the letter from the lords Dcccm.io. together with the articles of peace which had been concluded at Ryfwick, and im- mediately fet off for New-Hamplhire, (where he had not been for a year) pro- claimed the peace, and publillied the or- nccem.ij. ders he had received, and having proceed- ed thus far, " thought all well and quiet.'* But his oppofers having held a confulta- tion at night. Partridge's commiihon was Decw-m.i4. jhe next day publiilied in form ; he took

thg

300

Ufher'spa.

Council files.

1698.

January 3.

HISTORY OF

the oaths, and entered on the admlnlftrsi- tion of government, to the complete vex- ation and difappointment of Ufher, who had been fo elated with the confirmation of his commiffion, that as he paffed through Hampton, he had forbidden the minifter of that place to obferve athankfgivingday, which had been appointed by Prefident Hinckes.

An affembly being called, one of their firft adts was to write to the lords of trade, ' acknowledging the favour of the king ' in appointing one of their own inhabi- ' tants to the command of the province, < complaining of Ulher, and alledgingthat ' there had been no difturbances but what ' he himfelf had made ; declaring that

* thofe counfellors whom he had fufpend-

* ed were loyal fubjeds, and capable of ' ferving the king ; and informing their

* lordfliips that Partridge had now quali-

* fied himfelf, and that they were waiting

* the arrival of the Earl of Bellomont.'

They alfo deputed Ichabod Plaifted to wait on the earl at New- York, and com- pliment him on his arrival. ' If he Ihould

* find his lordlhip high, and referved, and

* not eafy of accefs, he was inftrudted to

* employ fome gentleman who was in his

* confidence to manage the bufinefs j but

if

N E W-H A M P S H I R E. 3or

* if eafy and free, he was to wait on him. 1698.

* in perfon ; to tell him how joyfully they ^.^v>J ' received the news of his appointment,

' and that they daily expelled Governor

* Allen, whofe commiflion would be ac-

' counted good till his lordfhip's fhould be Piaifted'»

* publifhed, and to afk his advice how they ons in files.

* fhould behave in fuch a cafe.* The prin- cipal defign of this meflage was to make their court to the earl, and get the ftart of Ufher or any of his friends who might prepoflefs him with an opinion to their difadvantage. But if this fhould have hap- pened, Plaifted was directed ' to obferve

* what reception they met VN^ith. If his ' lordfhip was ready to come this way, he

* was to beg leave to attend him as far as

* Bofton, and then afk his permiffion to

* return home;' and hewasfurnifhedwith a letter of credit to defray his expences. This meflage, vv^hich fhews the contrivers to be no mean politicians, had the defired effed.

The earl continued at New-York for the firft year after his arrival in America; during which time Governor Allen came Aug. 13. over, as it was expected, and his com- miflion being ftill in force, he took the oaths and alTumed the command. Upon scpt. ij, which Ufher again made his appearance j^^^ ^^^

ia

302 HISTORY OF

1698. in council, where he produced the letter

K^r^^ 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 order. This brought on an altercation, wherein Elliot affirmed that Patridge 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- nor declared Uiher to be of the council ; upon which Elliot withdrew.

l^qq. At the fucceeding affembly two new ^^^^ counfellors appeared; Jofeph Smith, and Kingily Hall. The firft day pafled quiet- ly. The governor approved Pickering as fpeaker of the houfe ; told them he had affumed the government becaufe the Earl , of Bellomont had not arrived ; recommend- ed a continuance of the excife and powder money, and advifed them to fend a con- gratulatory meffage to the. earl at New-

janna!y6. York. The next day the houfe anfwered, that they had continued the cuftoms and excife till November, that they had already congratulated the earl, and received a kind anfwer, and were waiting his arrival; If /:7^?z they fhould enter further on bufinefs. They complained that Allen*s conduct had

been

V-or^-'

N E W-H A M P S H I R E. 303

been grievous in forbidding the collecting 1699. of the lafl tax, whereby the public debts were not paid; in difplacing fundry fit perfons, and appointing others leili fit, and admitting Uiher to be of the council, though fuperfeded by Partridge's commif- fion. Thefe things they told him had ob- liged fome members of the council and aflembly to ripply to his lordlhip for re- lief, and " unlefs he fhould manage with *.* a more moderate hand" they threatened him \Yith a fecond application.

The fame day Coffin and Weare mov- ed a queftion in council, whether Ufher was one of that body. He aflerted his privilege, and obtained a major vote. They then entered their diffent, and de- fired a difmiffion. The governor forbad their departure. Weare anfwered that he would not, by fitting there, put contempt on the king's commiffion, meaning Par- tridge's, and withdrew. The next day the affembly ordered the money arifing from the import and excife to be kept in the treafury, till the Earl of Bellomont's arrival; and the governor diflfolved them.

Thefe violences on his part were fup- pofed to originate from Ufher 's refent- ment, his overbearing influence upon Allen, vv^ho is faid to have been rather of a

pacific

304 HISTORY OF

1699. Pacific and condefcending difpofition, ^-^Y^ The fame ill temper continued during the remainder of this fhort adminiftration. The old counfellors, excepting Fryar, re- fufed to fit. Sampfon SheafFe and Peter Weare made up the quorum. SheafFe was alfo fecretary, Smith treafurer, and William Ardell fherifF. The conftables refufed to coll eft the taxes of the preced- ing year, and the governor was obliged to

MS in files, revokc his orders, and commiflion the for- mer conftables to do the duty which he had forbidden.

In the fpring the earl of Bellomont (et out for his eaftern governments. The council voted an addrefs, and fent a com- mittee, of which Ufher was one, to pre- fent it to him at Bofton; and preparations were made for his reception in New-Hamp- fhire; where he at length came and pub-

juiyji. liflied his commiflion to the great joy of the people, who now faw at the head of the government a nobleman of diftinguifh- ed figure and polite manners, a firm friend to the revolution, a favourite of King Wil- liam, and one who had no intereft in op- prefling them.

During the controverfy with Allen, Par- tridge had withdrawn; but upon this change he took his feat as lieutenant-go-

vernoij

NEW-HAMPSHIRE.

vernor, and the difplaced counfellors were again called to the board. A petiti- on was preiented agaiilft the judges of the fuperior court, and a proclamation was iflued for juftices of the peace and confta- bles only to continue in office, whereby the judges commiffions determined. Rich- ard Jofe was made fherifF in the room of Ardell, and Charles Story fecretary in the room of Sheafie*

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 efredual fettlement of their long continued difficulties and dif- putes. Both parties laid their complaints before the governor, who wifely avoided cenfuring either, aad advifed to a revival of the courts of juftice, in which the main controverfy might be legally decided. This was agreed to, and the neceffary ads be- ing paffed by an aflembly, (who alfo pre- fented the earl with five hundred pounds which he obtained the king's leave to ac- cept) after about eighteen days ftay he quitted the province, leaving Partridge, now quietly feated In the chair, to appoint thejudges of the refpedive courts. Hinckes wasmadechief iulliceof the fuperior court, council with Peter Coffin, John Gerrilh and John X Plaifted

Ruco

I'tiS.

3o6 1699.

1700.

June 6.

HISTORY OF

Plalfted for affiftants ; Waldrcn chief ju- ftice of the inferior court, with Henry Dow, Theodore Atkinfon and John Wood- man for affiftants.

One principal object of the earl's atten- tion was to fortify the harbour, and pro- vide for the defence of the country in cafe of another war. He had recommended to the affembly in his fpeech the building a ftrong fort on Great Ifland, and after- ward, in his letters, affured them that if they would provide materials, he would endeavour to prevail on the king to be at the expence of erecting it. Col. Romer, a Dutch engineer, having viewed the fpot, produced to the affembly an eftimate of the coft and tranfportation of materials, amounting to above fix thoufand pounds. They were amazed at the propofal ; and returned for anfwer to the governor, that in their greateft difficulties, when their lives and eftates were in the moft immi- nent hazard, they were never able to raife one thoufand pounds in a year*j tliat

they

* I have here placed in one view fnch afleiTmcnts as 1 kave been able to find during the preceding war, with the proportion of each town, which varied according to their refpcftive circumftances at different times. (MS Laws.)

1693. 1693. [ l6^4- I 1695. Uncert. | 1697 Portfmonth. 70 210 167 I2<) 6 |l40 I 6

Hampton, (^6134 zoo 230 172146187 » 4-2

Dover, 30 no 90 117166127 9 7^

Exeter, 33 6 8 80 127 106 16 115 14

NewCaflle, 86 73 7 79 la 6

£' aoo I 6qo I 700 I 400 ( 600 [ 650

N E W-H A M P S H I R E. 307

they had been exceedingly impoveriflied 1700,

I^S-sV

by a long war, and were now ftruggling under an heavy debt, befides being en- gaged in a controverfy with " a pretend- " ed proprietor ;" that they had expend- ed 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 Maffachufetts as themfelves ; but they concluded with affuring his lordlhip, that if he were " thoroughly acquainted with their mi- *' ferable, poor and mean circumftances, *' they would readily fubmit to whatever *' he fhould think them capable of doing.'* They were alfo required to furnifh their MSmfiic$ quota of men to join with the other colo- nies in defending the frontiers of New- York in cafe of an attack*. This they thought extremely hard, not only becaufe they had never received the leaft alTiftance from New- York in the late wars, but be- caufe an opinion prevailed among them that their enemies had received fupplies from the Dutch at Albany, and that the X 2 plunder

• The qndtas of men to be furnifhed by each government for thie defence of New-York, if attacked, were as follows, viz. MafTachufctts 350 I New-York, 200 I Pennfylvania oO

New Hampfhire 40 | Eaft New-Jerfey 60 Maryland 160

Rhode-ldand 48 I We/l Ncw-jerfey 60 J Virginia 240

tpnuefticiit 120 j (MS in files.)

Smith's Hift. New York, pa 5

30^ HISTORY OF

1 700. plunder taken from their defolated towng

had been fold in that place. There was

however no opportunity for affording this

los. 1 75, affiftance, as the New-Yorkers took care 314. . ,

to maintain a good underftanding with the French and Indians for the benefit of trade. But to return to Allen : He had as lit- tle profpedt of fuccefs in the newly efta- blilhed courts, as the people had when Mafon's fuits were carried on under Cran- printed field' s f>overnment. On examining: the

flateof J r 1 r • • r 1

Allen's ti- records oi the iupenor court it was round ^' ^' ' that twenty-four leaves were miffing, in which it was fuppofed the judgments re- covered by Mafon were recorded. No evidence appeared of his having obtained pofleffion. The work was to begin anew; and Waldron, being one of the principal landholders and mofl; ftrenuous oppofers of the claim, was fingledout to ftand fore- moft in the controverfy with Allen, as his- father had with Mafon. The caufe went through the courts, and was invariably

Anguftij. giveninfavourof the defendant with cofts, Allen's only refuge was in an appeal to the king, which the court, following the example of their brethren in the Maffa- chufetts, refufed to admit. He then pe- titioned the king ; who by an order in council granted him an appeal, allowing

him

N E W-H A M P S H I R E.

him eight months to prepare for its pro- fecution.

The refufal of an appeal could not fail of being highly relented in England. It was feverely animadverted on by the lords of trade, who in a letter to the Earl of Bellomont upon this occafion, fay : "This " declining to admit appeals to his majefly *' in council, is a matter that you ought " very carefully to watch againft in all " your governments. It is an humour " that prevails fo much In proprieties and " charter colonies, and the indepen- *' DENCY they thirft after is now fo noto- " rious, that it has been thought fit thofe " confiderations, together with other ob- " jedlions againft thofe colonies, Ihould be *' laid before the parliament ; and a bill " has thereupon been brought into the " houfe of lords for re-uniting the right " of government in their colonies to the " crown."

Before this letter was wrote the earl died at New-York, to the great regret of the people in his feveral governments, among whom he had made himfelf very popular. A copy of the letter was fent to New- Hampftiire by the council of New- York ; but the bill mentioned in it was not pafled into an adt of parliament. For fome rea-

fons

1 70 1.

April 34.

April 29.

MS In file

March 5.

MS Laws.

310 HISTORYOF

1701. fons of ftate it was rejeded by the houfe

Hi'^^oi. of lords.

2. p. 131. 'j'he affembly of New-Hampfhire, hav^

ing now a fair opportunity, endeavoured as much as poffible to provide for their

Sept. 13. own fecurity ; and paiTed two a£ts, the one for confirming the grants of lands which had been made within their feveral town- fhips. Partridge gave his confent to thefe ads; but Allen had the addrefs to get them difallowed and repealed becaufe there was no referve made in them of the proprietor's right.

The controverfy being carried before the king, both fides prepared to attend the fuit. Allen's age, and probably want of cafh, prevented his going in perfon; he therefore appointed Ufher to ad for him,

Oftob. 14. having previoufly mortgaged one half of

the province to him, for fifteen hundred

pounds ; Vaughan was appointed agent for

J^ ' the province, and attorney to Waldron.

iviayac;. It bciug a general intereft, the aflembly bore the expence ; and notwithftanding their pleas of poverty on other occafions, provided a fund, on which the agent might draw in cafe of emergency.

In the mean time King William died, and Queen Anne appointed Jofeph Dudley Efq, formerly prefident of New-England,

to ■

NEW-HAMPSHIRE. 311

to be governor of Maflachufetts and New- 1 702.

Hampfhire ; whofe commiffion being pub- ^"""^^

liflied at Portfmouth, the aflembly by a juiy 13.

well timed prefent interefted him in their 18.

favour, and afterward fettled a falary on ^ ., „

' _ ... Council &

him durins: his adminiftration, apreeably Affembiy

» • n • 11 1 • Records.

to the queen s mltrud:ions, who about this time forbad her governors to receive any but fettled falaries.

When Allen's appeal came before the queen in council, it was found that his attorney had not brought proof that Ma- Printed fon had ever been legally in poffefTion; Aiitp's ti- for want of this, ihe judgment reco- ^ ^' ''' ^' vered by Waldron was affirmed ; but the order of council direded that the appellant * fhould be at liberty to begin

* de novo by a writ of ejectment in the

* courts of New-Hampfhire, to try his ^7J3

* title to the lands, or to quit-rents pay- ' able for the fame; and that if any doubt ' in law fhould arife, the jury fhould de- ' clare what titles each party did feverally ' make out to the lands in queflion, and

' that the points in law fhould be referred Files of tiie , to the court ; or if any doubt fhould arife ^"p<^°"'^'

* concerning the evidence, it fhould be ' fpecially ftated in writing, that if either ' party fhould appeal to her majefty fhe

* might be more fully informed, in order ^ to a final determination.' While

MS Copy of Lords Trade Re- port in

312

1702.

HISTORY OF

While this appeal was depending a pe- tition was preiented to the queen, pray- ing that Allen might be put in pofTeffion of the w^afte lands. This petition was re- ferred to Sir Edward Northey attorney ge- neral, who was ordered to report on three qu-eftions. viz. i. Whether Allen had a ri ..ht to the waftes. 2. What lands ought to be accounted wafte. 3, By what me- thod her majefty might put him into pof- fefTion, At the fame time Ufher was mak- ing intereft to be re-appointed lieutenant- governor of the province. Upon this Vaughan entered a complaint to the queen, fetting forth ' that Allen claimed as wafte ground not only a large tradl of unoc- cupied land, but much of that which had been long enjoyed by the inhabitants, as common pafture, within the bounds of their feveral townihips. That Ufher, by his former managements and mifdemean- ours when in ofEce, had forced fome of the principal inhabitants to quit the pro- vince, and had greatly haraifed and dif- gufted all the reft, rendering himfelf quite unacceptable to them. That he was in- terefted in the fuits now depending, as on Allen's death he w^ould in right of his wife be entitled to part of the cftate. f Wherefore it was humbly fubmittedwhe-

* ther

N E W-H A M P S H I R E, 313

« ther it would be proper to appoint, as 1702.

* lieutenant-governor, one whofe intereft v^v^^ ' and endeavour it would be to diffeize the

' people of their ancient eftates, and render ' them uneafy ; and it v^as prayed that no

* letters niight be wrote to put Allen in ufiier's ' pofTeflion of the waftes till the petitioner ^^^'^

* fliould be heard by council.'

Uflier's intereft however prevailed. The 170 ■5. attorney-general reported, that ' Allen's v^vv.* ' claim to the waftes was valid; that all Januar.aS. ' lands tininclofed and unoccupied were to ' be reputed wafte; that he might enter ' into and take pofteftion of them, and if ^ difturbed might aflert his right and pro- ' fecute trefpaflers in the courts there; but

* that it would not be proper for her ma- ^ jefty to interpofe, unlefs the queftion ' came before her by appeal from thofe

* courts ; fave, that it might be reafonable ' to dired (if Allen ftiould infift on it at

' the trials) that matters of fa6t be found superior « fpecially by the juries, and that thefe fpe- ^°''' ^'"•

* cial matters ftiould be made to appear on ' an appeal.'

Soon after this Uftier obtained a fecond commiftion as lieutenant-p-overnor ; but , , ,/-

b _ . July 26.

w^as expreny reftrid:ed from intermedling " with the appointmentof judges or juries, ^' or otherwife, in matters relating to the

*^ difputes

314 HISTORY OF

1703. " difputes between Allen and the inhabl-

^^'^'"^ " tants." The people did not relifh this re-appointment, nor did his fubfequent conduct reconcile them to it. Upon his

oftob. ^^. £j-f^ appearance in council Partridge took his feat as counlellorj but the next day defired a difmiffion on account of a fhip in the river which demanded his conftant attention. This requeft was granted, and he foon after removed to Newbury, where he fpent the reft of his days in a mercan- tile department, and in the bufinefs of his profcffion.*

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 Mafon had carried on, and the verdids, judgments and bills of coft he had recovered. As they were committed to the care of the recorder who was appoint- ed by the general court and removeable only by them, noufe could be made of thefe papers but by confent of the aflembly. When Ufher produced to the council an

Norem. 4. ordcr from Whitehall that thefe records

fhould

• His fon Richard Partridge was an agent for the province in England. One of his daughters was married to Governor Belcher, and was mother to the late lieutenant-governor of Nova-Scotia.

NEW-HAMPSHIRE. 315

fliould be depofited witli the fecretary, 1704. Penhallon, the recorder, who was a mem- ^'^^^ ber of the council, refufed to deliver them without an ad: of the general aflembly authorizing him to do fo.

Ufher fucceeded but little better in his applications for money. He alledged that he had received nothing for his former fervices, though they had given hundreds to Partridge; and complained that no houfe was provided for him to refide in, which obliged him to fpend moft of his time at Bofton. The plea of poverty al- ways at hand, was not forgotten in an- fwer to thefe demands. But at length, upon his repeated importunity and Dud- ley's earneft recommendation, after the aflembly had refufed making any provifion for him, and the governor had exprefsly directed him to refide at New-Caftle, and exercife a regular command, it being a time July 7. of war; the council were prevailed upon to allow him two rooms in any houfe he could procure " till the next meeting of " the aflembly," and to order thirtj eight Jhillings to be given him for the expence of his " journey to and from Bofton."

When Dudley acquainted the afl^embly with the royal determination in Allen's fuits, they appeared tolerably fatisfied

witU

Feb. 10

3i6

1704.

Recortls of the council and affem-

HISTORY OF

with the equitable intention difcovered therein ; but begged him to reprefent to her majefty that ' the province was at ' leaft fixty miles long and twenty wide, ' containing twelve hundred fquare miles, ' that the inhabitants claimed only the

* property of the lands contained within

* the bounds of their townfhips, which ' was lefs than one third of the province, ' and had been pofTefled by them and their ' anceftors more than fixty years; that ' they had nothing to offer as a grievance

* if the other two thirds were adjudged to

* to Allen; but fhould be glad to fee the

* fame planted and fettled for the better ' fecurity and defence of the whole; with- ' al defiring it might be confidered how ' much time, blood and treafure had been ' fpent in fettling and defending this part ' of her majefty's dominion, and that the ' coft and labour beftowed thereon far

* exceeded the true value of the land fo ' that they hoped it was not her majefty 's ' intention to deprive them of all the herb-

* age, timber and fuel, without which they ' could not fubfift, and that the lands com- ' prehended within the bounds of their ' townfhips was little enough to afford

* thefe neceffary articles; it not being ' ufual in thefe plantations to fence in

' more

N E W-H A M P S H I R E. 317

* more of their lands than would ferve for 1704,

* tillage, leaving the reft unfenced for the ^"'^''^

* feeding their cattle in common.'

Notwithftanding this plea, which was often alledged, Allen, by virtue of the queen's permiffion, had entered upon and ^^'^: ^^' taken pofleffion by turf and twig of the common land in each townfhip, as well as of that which was without their bounds, Papers^. and brought his writ of ejedment de no'vo againft Waldron, and when the trial was coming on informed Governor Dudley thereof, that he might come into court and demand a fpecial verdidl agreeably to the queen's inftrudlions. Dudley from Bofton informed the court of the day w^hen he intended to be at Portfmouth, and directed the judges to adjourn the court to that day. Before it came he heard 1 704. of a body of Indians above Lancafter, ai^JT^. which had put the country in alarm, and ordered the court to be again adjourned. At length he began his journey ; but was taken ill at Newbury, with dijeafonable fit of the gravel, and proceeded no farther. The jury in the mean time refufed to bring ,^J*"^^^^ , , in a fpecial verdict ; but found for the ' "^^ ^'t'e. defendant with cofts. Allen again appeal- ed from the judgment.

Perplexed,

p. 9.

3i8 HISTORY OF

1 704. Perplexed, however, with thefe repeat-

v^vxy

ed difappointments, and at the fame time being low in purfe, as well as weakened with age, he fought an accommodation with the people, with whom he was defi- rous 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 purchafe his title ; ■ but that they utterly refufed it. The peo- ple were fenfible that a door was ftill open for litigation ; and that after Allen'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 indefati- gable induftry in the purfuit of gain, that he was able to harrafs them in law, and * had great intereft in England* They therefore thought it beft to fall in with Allen's views, and enter into an accom- 1705* modation with him. A general meeting ^^^ of deputies being held at Portfmouth, the following refolutions and propofals were drawn up, viz. ' That they had no claim

* or challenge to any part of the province ' without the bounds of the four towns

* of Portfmouth, Dover, Hampton and ' Exeter, with the hamlets of New-Caftle ' and Kingfton, which were all compre-

' hended

NEW-HAMPSHIRE. 319

* hended within lines already known and 1 705. ' laid out, and which ftiould forthwith ^"^^"^ ' be revifed ; but that Allen and his heirs

' might peaceably hold and enjoy the faid ' great wafte, containing forty miles in ' length and tiventy in breadth, or there- ' abouts, at the heads of the four towns ' aforefaid, if it fhould fo pleafe her ma-

* jefty ; and that the inhabitants of the ' four towns would be fo far from inter- ' rupting the fettlement thereof, that they ' defired the faid wafte to be planted and

* filled with inhabitants, to whom they ' would give all the encouragement and ' affiftance in their power. That in cafe ' Allen would, for himfelf and heirs, for-

* ever quit claim, to the prefent inhabitants ' and their heirs, all that tra£t of land com- ' prehendedwithin the bounds of the feve-

* ral towns, and warrant and defend the ' fame againft all perfons, free of mort- ' gage, entailment and every other incum- ' brance, and that this agreement fhould

* be accepted and confirmed by the queen; ' then they would lot and lay out to him ' and his heirs five hundred acres within ' the town of Portfmouth andNew-Caftle, « fifteen hundred in Dover, fifteen hundred ' in Hampton and Kingfton, and fifteen

* hundred in Exeter, out of the common-

* ages

326

1705-

HISTORY OF

ages of the faid towns, in fuch places, not exceeding three divifions in each town, as fhould beft accommodate him and be leaft detrimental to them; and that they would pay him or his heirs two thoufand pounds current money of New- England at two payments, one within a year after receiving the royal confirma- tion of this agreement, and the other within a year after the firft payment. That all contrads made either by Mafon or Allen with any of the inhabitants, or others, for lands or other privileges in the poffefTion of their tenants in their own juft ri,t^ht, befide the claim of Mafon and Allen, and no other, fhould be ac- counted valid ; but that if any of the pur- chafers, lefTees or tenants Ihould refufe to pay their juft part of the fums agreed on, according to the lands they held, their fhare Ihould be abated by Allen out of; the two thoufand pounds payable by this agreement. That upon Allen's accept- ance, and underwriting of thefe articles, they would give perfonal fecurity for thef j aforefaid payment ; and that all aftional and fuits depending in law concerningj the premifes fhould ceafe till the queen's! pleafure fhould be known.*

Thefe

N E W-H A M P S H I R E. 321

Thefe articles were ordered to be pre- 1 705, fented to Allen for his acceptance : But fo ms'c^v defirable an iflue of the controverfy was ^'^I^^p?''

J of Lords of

prevented by his fudden death, which hap- '^ •■ade, pened on the next day. He left a fon and four daughters, and died inteftate.

Colonel Allen is reprefented as a gentle-^ man of no remarkable abilities, and of a folatary rather than a fecial difpofition; Atkinfon's but mild, obliging and charitable. His ^^"^'^^^^^• charader, while he was a merchant in Lon- Emerfon's don, was fair and upright, and his domeftic moi'and'" deportment amiable and exemplary. He Mr.pHnce^ was a member of the church of England ^'^' by profeffion, but conftantly attended di- vine worlhip in the congregation at New- Caftle, and was a ftrid: 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 Allen, Efq. of London, renewed the fuit, by petitioning the queen, who allowed him to bring a new writ of ejedment, and ordered a revival of the diredions given May 16. to the governor in 1703, with refped: to the jury's finding a fpecial verdidl. Ac- cordingly Allen, having previoufly con- veyed one half of the lands in New-Hamp- ihire by deed of fale to Sir Charles Hobby, Augufi ao, Y and

1706.

April I J.

322 HISTORYOF

and appointed his mother Elizabeth Allen 1 1^1' his attorney, brought his writ of ejedment againft Waldron in the inferior court of 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 difplayed on the occafion, it will be pro- per to give as juft a viev>r of the cafe as can now be colled:ed from the papers on file in the ofRce of the fuperior court.

On Allen's part were produced copies of the charter by which King James I. con- ftituted 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 and 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 poftefiions of Capt. Mafon at Portfmouth and Newichwannock, and were acquainted with his agents, ftewards, fac- tors and other fervants, who divided the cattle and merchandize among them after his death ; the opinions of Sir Geoffry Palmer, Sir Francis Winnington and Sir William Jones in favour of the validity of

Mafon's

N E W-H A M P S H I R E. 323

Mafon's title ; King Charles's letter to the 1 707. prefident and council of New-Hampfhire v^vv-* in 1680; the paragraph of Cranfield's commiffion which refpeds Mafon's claim in 1682; the writ, verdid, judgment and execution againft Major Waldron in 1683; the decifion of the king in council againft Vaughan in 1686; Dudley's writ of cer- tiorari in 16S8 ; 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 re- port in 1703; and evidence of Allen's taking poffeffion of the waftes, and of his inclofmg and occupying fome land at Great Ifland. On this evidence, it was pleaded 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 poffeffion had been in- terrupted by the appellant and thofe from whom he derived his title,- more efpecially by the judgment recovered by Robert Ma- fon againft Major Waldron ; and a fpecial verdid was moved for, agreeably to the royal diredions. The council on this fide were James Meinzies and John Valentine. On Waldron*s part was produced the deed from four Indian fachems to Whele- ■wright and others in 1629 ; and depofiti-* Y 2 ons

V^'-V-^

32z|. HISTORY OF

1707. ons taken from feveral ancient perfon* who teftified that they had lived with Ma- jor Waldron when he began his plantati- on at Cochecho, about the year 1 640, and affifted him in building his houfes and mills, and that no perfon had difturbed him in the poffeffion thereof for above forty years. To invalidate the evidence of the title produced on the oppofite fide, it was pleaded, That the alledged grant from the council of Plymouth to Mafon in 1629, was not figned j that livery and feizin were not endorfed on it as on other 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 Maffachufetts company, by an inftrument figned and executed according to law, renders this fubfequent grant fufpicious ; and that his pretending to procure another grant of part of the fame lands in 1635, was an argu- ment that he himfelf could not rely on the preceding one, nor was it credible that the fame council fliould grant the fame lands twice, and to the fame perfon : That the alledged grant in 1635 was equally de- feQ:ive ; and that he muft relinquifh one or the other, it being contrary to the rea- fon and ufage of law to rely on two feve-

ral

N E W-H A M P S H 1 R E. 325

ral titles at once. It was urged, That 1703. Waldron's pofleffion was grounded on a '^-^'"'^ deed from the native lords of the foil, with whom his father had endeavoured to cultivate a friendly connexion ; that he had taken up his land with their confent, when the country was a wildernefs ; 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 fadors and agents of the company of Laconia, of v/hich Ma- ibn was one ; that this vx^as 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 country and chriftian- ize the natives, for the honour and intereft of the crown and the trade of England, all which ends had been purfued and at- tained by the appellee and his anceftor. It was alfo alledged, that the writ againft Major Waldron in 1683 "^^^ ^^^' " lands " and tenements," of which the quantity, fituation 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 pofTeflbr ever difturbed or amoved by reafon thereof j and that

the

»'0' ^'

326 HISTORY OF

1 707. the copies produced were not attefted, no

Ky-y~sJ

book of records being to be found. To invalidate the evidence of Mafon's poflef- fion, it was obferved, that he himfelf was never here in perfon ; that all the fettle- ment made by his agents or fucceffbrs was only a fas^lory for trade with the Indians, and principally forthedifcoveryof a coun- try called Laconia; and that this was done in company with feveral other merchant- adventurers in London, who, for the fecu- rity of their goods erected a fort ; but that this could not amount to a legal pofleffion, nor prove a title to the country, efpecially as upon the failure of trade, the objed of their enterprize, they quitted their factory, after a few years ftay in thefe parts.

As to the motion for a fpecial verdid:, it was faid that a jury could not find one, if they had no doubt of the law or fad, for the reafonof a fpecial verdid is a doubt either in point of law or evidence; nor was it confiftentwith the privileges of Englilh- men that a jury fhould be compelled to find fpecially. In addition to thefe pleas it was further alledged, that by the ftatute law no adion of ejedment can be main^ tained except the plaintiff, or thofe under whom he claims, have been in polTeffion ^ithin twenty years j and if they have

been

N E W-H A M P S H I R E. 327

been out of poffeffion fixty years, then not 1 707. only an ejed:ment, but a writ of right, '""^^'^ and all other real adlions are barred in re- fped: of a fubjed, 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 enacted, that no perfon fliall purchafe any lands or tenements, unlefs the feller, or they by whom he claims, have been in poffeffion of the fame or the reverilon or remainder thereof, or have taken the rents or profits thereof by the fpace of one whole year next before fuch bargain is made; and that the appellee and his an- ceftor, and no other perfon whatever had been in poffeffion of the premifes, nor was it ever pretended by the appellant that the Mafons, of whom the purchafe was made, were in poffeffion within one year, or at any time before the alledged purchafe; that all the mifchiefs provided againft by the above ftatute have been experienced by the people of New-Hampfhire from the purchafe made by the appellant's fa- ther, 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-gover- nor refpe£ting the queen's diredions was auc. k. delivered to the jury who re-turned the fol- lowing

328 HISTORY OF

J 707,. 'lowing verdid: " In the caufe depending V"v^^ " between Thomas Allen, Efq. appellant " and Richard Waldron, Efq. defendant, " the jury findes for the defendant a con- " firmation of the former judgment and *' coft of courts. Mark 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 diredions to find fpecially ^' and your oaths." They returned the ^ fecond time with the fame verdict ; upon

which the court ordered judgment 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 allowed on their giving bond in two hundred pounds to profecute it.

But the loyalty of the people, and the Council & diftrefles under which they laboured by

AfTembly's r r 1 -i / i /

Records. realon oi the war, prevailed on the queen s

miniilry to fufpend a final decifion; and

before the appeal could be heard, Allen's

^at?ofAN death, which happened in 17155 put an

p"|o.^^'''' end to the fuit, which his heirs, being mi- nors, did not renew.

CHAP,

N E W-H A M P S H I R E. 32c)

CHAP. XIL

The ivar nvith the French and Indians., called ^een Anne^s ivar. Conclufion of Dudley^ s and Ujher^s adminijlration,

TH E peace which followed the treaty of Ry fwick was but of Ihort 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 territories 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 fifh on the banks of Nova-Scotia. A French miffion was eftablifhed, and a chapel erected at Norridgwog, on the upper part of Kenne- beck, which ferved to extend the influence of the French among the Indians. The governor of Canada, afluming the cha- racter of their father and protestor, in- ftigated them to prevent the fettlement of the Englifh to the eaft of Kennebeck, and found fome among them ready to liflen

to

33(5 H I S T O R Y O F

to his advice. The people in thofe parts were apprehenfive of danger and meditat- ing a removal, and thofe who had enter- tained thoughts of fettling there were re- ftrained.

Things were in this pofture when Dud- ley entered on his government. He had particular orders from England to rebuild the fort at Pemaquid ; but could not pre- vail on the Maflachufetts aflembly to bear the expence of it. However he determin- ed on a vifit to the eaftern country, and having notified his intention to the Indians, took with him a number of gentlemen of both his provinces*, and held a conference 1703. at Cafco with delegates from the tribes of Norridgwog, Penobfcot, Pigwacket, Pena- cook and Amarifcoggin ; who affured him that " as high as the fun was above the earth, " fo far diflant was their defign of making " the leaft breach of the peace." They pre- fented him a belt of wampum in token of their fmcerity, and both parties went to two heaps of ftones which had formerly been pitched and called the Tivo Brothers^ where the friendfhip was further ratified by the addition of other ftones. They al- fo declared, that although the French emif- faries among them had been endeavouring

to

• Mr. Hutchinfon has mifplaced this tranfaQion by a year.

4

June a

N E W-H A M P S H I R E. --i

jj

to break the union, yet it was " firm as a 1703. " mountain, and fhould continue as long ^^^^'^'^^ " as the fun and moon." Notwithiland- ing thefe fair appearances, it was obferved that when the Indians fired a Hdute their guns were charged with fhot; and it was fafpe6i:ed that they had then formed a de- fign to feize the governor and his atten- dants, if a party which they expeded from Canada, and vv^hich arrived two or three days after, had come in proper feafon to their affiftance. However this might be, it is certain that in the fpace of fix vv^eeks, a Augu.i 10. body of French and Indians, five hundred in number, having divided themfelves into feveral parties, attacked all the fettlements from Cafco to Wells, and killed and took one hundred and thirty people, burning and deftroying all before them*".

The next week (Augufi 1 7) a party of thirty Indians under Captain Tom killed five people at Hampton village; among whom was a widow Mufly, a noted fpeak- cr among the friends, and much lamented by them ; they, alfo plundered two houfes ; but the people being alarmed, and purfu- ing them, they fled.

The

* Mr. Hutchinfon takes no noticeoftliisremarkabledevaftation, which is particularly telatcd by Mr. Penhalloii in his " wars of New-England." p. S-

V.*"v^v-»

332 HISTORY OF

1703. The country was now in terror and confufion. The women and children re- tired to the garrifons. The men went armed to their work, and polled centinels in the fields. Troops of horfe were quar- tered at Portfmouth and in the province of Maine. A fcout of three hundred and lixty men marched toward Pigwacket, and another to the Offapy Pond, but made no difcoveries. Alarms were frequent, and the whole frontier country from Deeir- field on the weft to Cafco on the eaft was kept in continual terror by fmall parties of the enemy.

In the fall Col. March of Cafco made a vifit to Pigwacket, where he killed fix of the enemy and took fix more ; this encou- raged 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 num- ber of fnow-fhoes ; and an expedition was planned in New Hampfhire, againft the head quarters of the Indians. Major Winthrop Hilton, and Captain John Gil- man of Exeter, Captain Chefley and Cap- tain Davis of Oyfter river, marched with their companies on fnow-ihoes into the woods ; but returned without fuccefs. This is called in the council books " anhonour-

« able

N E W-H A M P S H I R E. ^^^

" able fervice:" Hilton received a gratui- 1703. ty of twelve, and each of the captains v^vn-* five pounds.

With the return of fpring there was a 1 704. return of hoftilities ; for notwithftanding v^v^yj the polling a few fouthern Indians in the garrifons at Berwick, the enemy appeared at Oyfter river, and fhot Nathaniel Me- ^p"' ^s- dar near his own field, and the next day killed Edward Taylor near Lamprey river, and captivated his wife and fon. Thefe inftances ot mifchief gave colour to -a falfe alarm at Cochecho, where it was faid they lay in wait for Col. Waldron a whole day, but miffing him by reafon of his abfence from home, and took his fervant maid as fhe went to a fpring for water; and hav- ing 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 the eaftern fhore, failed from Bofton with a number of tranfports, furnifhed with whale-boats for going up rivers. In his way he ftopt at Pafcataqua, where he was joined by a body of men under Major Hilton, who was of eminent fervice to him in this expedition*, which lafted the

whole

* This is called in the council book* " an expedition to Port-

»' Royal,"

334

HISTORY OF

1 704. whole fummer, and in which they deftroy^ ^-'"''^ ed the towns of "Minas and Chiegnedo, , and did confiderable damage to the French and Indians atPenobfcot and Paflamaquo- dy, and even infulted Port Royal. While they were at Mount Defart Church learn- ed from nine of his prifoners that a body of t fix hundred Indians were preparing for an attack on Cafco, and the head of Pafcataqua river; and fent an exprefs to Portfmouth which obliged the people to be vigilant. No fuch great force as this appeared ; but fmall parties kept hovering on the out {kirts. At Oyfter river they wounded William Talker; and at Dover they laid in ambufh for the people on their return from public worfliip, but hap- pily miffed their aim. They afterward Augufiii. mortally wounded Mark Gyles at that place, and foon after killed feveral people in a field at Oyfter river, whofe names are not mentioned.

In the former wars New-Hampfhire had received much affiftance from their

brethren

" Royal," and tliis was the oftenfihle ol)}eft. But Church in his memoirs fays that Dudley would not permit him to go there. Church, p. 104. Hutch. II. 146.

f I fuppofe this is the party whom Pefihallon mentions, p aj'. who quarrelled on their march about dividing the plunder which they might take, and of whom two hundred returned while the reft purfued their march, and did damage atLancalkr and Grcton.

N E W-H A M P S H I R E. ^^s

brethren of Maffachufetts ; but thefe now 1 704. remonftrated to the governor that his other ^^^^^ province did not bear their proportion of the charge for the common defence. The reprefentatives of New-Hampfliire urged, in reply, the different circumftances of the two provinces; " moft of the towns in Maffachufetts being out of the reach of the enemy, and no otherwife affeded by the war than in the payment 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 companies were ftationed, and the inhabitants were abated their pro- portion of the public charges." They beg- ged that twenty of the friendly Indians might be fent to fcout on their borders, conncri which requeft the governor complied with.

In the winter. Col. Hilton with two 170^. hundred and feventy men, including the "-^-^^^ twenty Indians, were fent to Norridgwog on fnow-fhoes. They had a favourable feafon 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 cha- pel. The officers who went on this ex- pedition complained that they had only the pay of private foldiers.

The

:^26 HISTORY OF

1705. The late repairs of fort William and

K^^>r\j

Mary at New-Caftle were always com- plained of as burdenfome to the people, and a reprefentation thereof had been made to the queen, who inftruded Dud- ley to prefs the aflembly of Maflachufetts to contribute to the expence ; as the river belonged equally to both provinces. They urged in excufe that the fort was built at firit at the fole charge of New-Hampihire to whom it properly belonged ; that the whole expence of the repairs did not a- mount to what feveral of their towns fmgly paid toward the fupport of the war for one year; that all the trade and navigati- on of the river, on both fides, paid a du- ty toward maintaining that fortrefs ; and that they had been at great expence in pro- teding the frontiers of New-Hampfhire, and the parties who were employed in getting timber and mads for her majefty*s fervice ; while New-Hampfhire had never contributed any thing to the fupport of the garrifons, forces and guards by fea, which were of equal benefit to them as to MafTa- chufetts. 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 never could be perfuaded to do. The repairs of the

fort,

N E W-H A M P S H I R E.

fort, however, went on without their affiftance, under the diredion of Col. Romer; and when they were completed, a petition was fent home for a fupply of cannon, ammunition and ftores.

The next fummer was chiefly fpent in negotiating an exchange of prifoners; and Dudley had the addrefs to protrad: the ne- gotiation, under pretence of confulting with the other governments about a neu- trality propofed by the governor of Cana- da, by which means the frontiers in ge- neral were kept tolerably^quiet, although the. enemy appeared once or twice in the tow^n of Kittery. The line of pickets * which inclofed the town of Portlmouth w'as repaired, and a nightly patrole efta- bliihed on the feafhore, from Rendezvous Point to the bounds of Hampton, to pre- vent any furprize by fea; the coaft being at this time infefted by the enemy's pri- vateers.

During this truce, the inhabitants of Kingfton who had left the place, were en- couraged to petition for leave to return to their lands ; which the court granted on condition that they fhould build a fort in the center of the town, lay out a parfon- Z age

' This line extcrirled from the nMllponcf on the foiith, to the creek on the north fule of the town. It croiFed the main flieet a few rods wcflward of the Ipot where the State Houfc now (lands.

338 HISTORY O^

1 705 . age and fettle a minifter within three years.

"-^^^^^ This laft condition was rendered imprao ticable by the renewal of hoftilities.

The governor of Canada had encourag-^ ed the Indians who inhabited the borders of New-England to remove to Canada, where being incorporated with the tribe of St. Francis, they have ever fince re- mained. By this policy they became more firmly attached to the intereft of the French, and were more eafily difpatehed on their bloody bufmefs to the frontiers of New- England, with which they were well ac- quainted. Dudley, who was generally apprized of their movements, and kept a vigilant eye upon them,apprehended a rup- ture in the winter ; and gave orders for a cir- cular fcouting march, once a month, round the head of the towns from Kingfton to Sal-

1 706. Tnon falls ; but the enemy did not appear till April ; when a fmall party of them attacked the houfe of John Drew at Oyfter river, where they killed eight and wound- ed two. 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 ap- pear like men, they fired fo brifkly that the enemy, apprehending the people were

alarmed^

Ky^y^

N E W-H A M P S H I R E. 339

iklarmed, fled without bufnlng or even plundering the houfe which they had at- tacked. John Wheeler, meeting this par- ty and miftaking them for friendly Indians j 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 Bayj and though purfued by the Indians efcaped unhurt.

In July Colonel Schuyler from Albany gave notice to Dudleiy that two hundred and feventy of the enemy were on their march toward Pafcataqua, of which he im- mediately informed the people, and or- dered them to ciofe 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 Dunftable ; from whence they proceeded to Amefbury and Kingfton, where they killed fome cat-^ tie. Hilton with fixty four men march^ ed from Exeter ; but was obliged to re- turn without meeting the enemy. The reafon he gave to the council for return- ing fo foon was the want of provifion,^ there being none in readinefs at the gar- riforis, notwithftandirig a law lately enact- ed, enjoining it on every town to have ftores ready and depofited in the hands of their captains. For the fame reafon he had Z 2 beert

340 1 706.

Augiifi 10.

Penhallow 1707.

HISTORY OF

been obliged to difcontinue a fmall fcout which he had for fome time kept up. Hilton was fo brave and ad:ive an officer that the enemy had marked him for de- ftruclion ; and for this purpofe a party of them kept lurking about his houfe, where they obferved ten men to go out one morn- ing with their fcythes, and lay afide their arms to mow ; they then crept between the men and their guns, and fuddenly rufliing on them, killed four, wounded onCj 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 re- turn, having nothing to fubfift on for three weeks but lily roots and the rinds of trees. After this they killed William Pearl and took Nathaniel Tibbets at Dover. It was obferved during this war that the ene- my did more damage in fmall bodies than in larger, and by fcattering along the frontiers kept the people in continual ap- prehenfion and alarm ; and fo very few of them fell into our hands, that in comput- ing the expence of ihe war it was judged that every Indian killed or taken coft the country a thoufand pounds.

In the following winter Hilton made another excurfion to the eaftward, and a

fhallop

V-'-wJ

Jan. al.

N E W-H A M P S H 1 R E. 541

fhallop was fent to Cafco with ftores and 1707. provifions for his party, confifting of two hundred and twenty men. The winter being mild> and the weather unfettled, pre- vented their marching fo far as they in- tended: cold dry weather and deep fnow being moft favourable to winter expediti- ons. However they came on an Indian track near Black Point, and purfuing it, killed four, and took a fquaw who con- ducted them to a party of eighteen, whom they furprized as they lay afleep on a neck of land at break of day, and of whom they killed feventecn and took the other. This was matter of triumph confidering the dif- ficulty of finding their haunts. It was remarked that on the very morning that this affair happened it was reported, with butlittle variation from the truth, at Portf- mouth though at the diftance of fixty miles. When Church went to Nova-Scotia he very earneftly folicited leave to make an attempt on Port Royal ; but Dudley would not confent, and the reafon he gave was, that he had written to the miniftry in England and expeded orders and naval help to reduce the place. His enemies however affigned another reafon for his refufal; which was that a clandeftine trade was carried on by his connivance, and to his

emolument

342

HISTORY OF

1 707. emolument, with the French there. This

"^"""^ report gained credit and occafioned a loud

call for juftice. Thofe who were diredly

Hutch. concerned in the illegal traffick were pro-

Maffa. fecuted and fined ; and the governor fuf-

p.^iji fered much in his reputation. To wipe

off thefe afperfions he now determined to

make an attack in earneft on Port Royal,

even though no affiftance fhould come

from England. It was intended that an

armament flxould be fent to America,

and the commander was appointed ; but

the ftate of affairs in Europe prevented

their coming.

Early in the fpring the governor appli- ed to the affemblies of both his provinces, and to the colonies of Rhode Ifland and Connedicut, requefting them to raife one thoufand men for the expedition. Con- nedlicut declined ; but the other three raif- ed the whole number, who were difpofed into two regiments, of which Colonel Wainwright commanded the one, and Colonel Hilton the other. They embark- May 13- cd at Nautafkct in twenty three tranfports f urnifhed with whaleboats,under convoy of the Deptford man of war, Capt. Stuckley, and the province galley, Captain Southack. The chief command was given to Colonel March, who had behaved well in feveral

fcouts

N E W-H A M P S H I R E. 343

fcouts and rencounters with the Indians, 1 707.

May 26.

Penhallow P-4J-

but had never been tried in fuch fervice as this. They arrived before Port Royal in a few days, and after burning fome houfes, killing fome cattle round the fort, and making fome ineffedual attempts to bom- bard it, ajealoufy and difagreement among the officers, and a mifapprehenfion of the flate of the fort and garrifon, caufed the -army to break up and reimbark in a dif- J^J^^ orderly manner. Some of the officers went to Bofton for orders, fome of the tranfports put in at Cafco; a floop with Captain Chefley's company of fixty men arrived at Portfmouth: Chefley fuffered J""^i3. his men to difperfe, but ordered them to Record's. return at the beat of the drum : Being call- ed to account for this conduct he alledged that " general orders were given at Port *' Royal for every man to make the beft " of his way home." The governor, highly chagrined and very angry, fent orders from Bofton that if any more veflels arrived the men fhould not be permitted to come on fhore " on pain of death." After a while he ordered Chefley's com- pany to be collected and reimbarked, offering a pardon to thofe who voluntari- ly returned, the reft to be feverely punifhed. By the latter end of July they got on board,

and

344 • HISTORY OF

1707. and with the reft of the army, returned to '■^^^^ the place of adiion. At the landing, an ambufcade of Indians from among the fedge on the top of a fea-wall, greatly an- .noyed the troops. Major Walton and Captain Chefley, being then on fhore with the New-Hampftiire companies, pufhed their men up the beach, flanked the ene-. my, and after an obftinate ftruggle put them to flight. The command was now given to Wainwright, and the army put under the diredion of three fupervifors; but no means could infpire that union) firmnefs and {kill which were neceflary. By the laftof Auguft the whole aff^air was at an end, and the army returned fickly, fatigued, difheartened, and afhamed ; but with no greater lofs than fixteen killed and as many wounded.

While this unfortunate expedition was in hand, the frontiers were kept in con- May %%. tinual alarm. Two men were taken from July 8. Oyfter river, and two more killed as they were driving a team between that place and Dover. Captain Sumerfbypurfued with his troop and recovered the contents of the cart. Stephen and Jacob Oilman, brothers, were ambufhed between Exeter and King- '^T^'l. ""^ ilon; their horfes were killed, but both

of

\^->r^

Council

N E W-H A M P S H I R E. 345

of them efcaped to the garrifon. King- 1707. fton, being a new plantation, was much expofed, and was this fummer weakened by the defertion of eight men. The re- maining inhabitants complained to go- vernment, who ordered the captains of Exeter and Hampton to take them up as deferters, and oblige them to return to the defence of their fettlem^nts, or do duty at the fort during the governor's pleafure. They were afterward bound over to the feffions for contempt of orders. The ftate Rec. of the country at this time was truly dif- trefled ; a large quota of their beft men were abroad, the reft harraiTed by the ene- my at home, obliged to continual duty in garrifon s and in fcouts, and fubje£t to fe- vere difcipline for negledts. They earned their bread at the continual hazard of their lives, never daring to ftir abroad unarmed; they could till no lands but what were within call of the garrifoned houfes, into which their families were crouded; their hufbandry, lumber-trade and fifhery were declining, their taxes increafmg, their apprehenfions both from the force of the enemy and the failure of the Port Royal ex- pedition were exceedingly difmal, and there was no profped of an end to the war,in which they were now advanced to the fifth fum-

xncr,

346 HISTORY OF

1707. mer. Yet under all thefe dlftrefles and ^^"^^ difcouragements, they refolutely kept their

ground and maintained their garrifons, not one of which was cut ofF during the whole of this war, within the limits of New- Hampfhire. septcm.15. In September one man was killed at

jy Exeter, and two days after Henry Elkins

at Kingfton. But the fevereft blow on the frontiers happened at Oyfter river, a place which fufFered more than all the reft. A party of French Mohawks painted red, attacked with an hideous yell a company who were in the woods, fome hewing tim- ber 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 mor- tally wounded another. Chefley, with the few who were left, fired on the enemy with great vigour, and for fome time check- ed 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 reco- vered at Berwick,

1708. The next year a large army from Ca- nada was deftined againft the frontie rs of New-England. Dudley received infor- mation of it in the ufual route from Al- bany,

K.,r>r>J

N E W-H A M P S H I R E. 347

bany, and immediately ordered guards in 1 708. the moft expofed places of both his pro- *'-^'^^*-' vinces. A troop under Captain Robert Coffin patroled from Kingfton to Coche- cho, and fcouts were kept out continually. Spy-boats were alfo kept out at fea be- tween Pafcataqua and Winter harbours. Four hundred Maflachufetts foldiers were pofted in this province. The towns were ordered to provide ammunition, and all things were in as good a ftate of prepara- tion as could be expeded. At length the ftorm fell on Haverhill j but the enemy's Aug. 15. force having been diminillied by various accidents, they proceeded no farther, and every part of New-Hampfhire was quiet. Hilton made another winter march to Pisr- renhaiiow wacket with one hundred and feventy men, but made no difcovery.

The next fpring William Moody, Sa- 1709* muel Stevens, and two fons of Jeremy m^^ j. Gilman were taken at Pickpocket-mill in Exeter, and foon after Bartholomew Ste- . ^^^ ^^ venfon was killed at Oyfter river. Colo- nel 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 hundred In- dians had marched againfl them from Montreal. But the principal objed now

in

r

I

348 HISTORY OF

1709. In view was a defire of wiping off the dif- ^•'^^^ grace of a former year by an attempt, not on Port Royal, but on Canada itfelf. For this purpofe folicitations had been made in England by Francis Nicholfon, Efq. who had been lieutenant-governor of Vir- ginia, and Captain Samuel Vetch a trader to Nova-Scotia, who was well acquainted with the French fettlements there, and made a full reprefentation of the ftate of things in America to the Britifh miniftry. An expedition being determined upon they came over early in the fpring with the queen's command to the governors of the feveral provinces to raife men for the fer- vice. Vetch was appointed a colonel, 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 difficulty, and not without the diflblution of one afTembly and the calling of another, that they could raife money to levy one hundred men and procure two tranfports for conveying them. After the utmoft exertions had been made by the fe- veral governments, and Nicholfon with part of the troops had marched to Wood

creek,

N E W-H A M P S H I R E.

creek, and the reft with the tranfports had lain at Nantafket three months wait- ing for a fleet, news arrived that the ar- mament promifed from England was di- verted to another quarter. Upon which the commander of the frigates on the Bof- ton ftation refufed to convoy the troops, the whole army was difbanded, and the expence the colonies had been at was fruit- iefs. A congrefs of governors and dele- gates from the affemblies met in the fail at Rhode-Ifland, who recommended the fending home agents to affift Colonel Ni- cholfon in reprefenting the ftate of the country,and Ibliciting an expedition againft Canada the next fpring. The miniftry at firft feemed to liften to this propofal, bat afterward changed their minds, and re- folved only on the redudion 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 ; theNew-Hampfliire affembly ordered one hundred men, who were got ready as foon as pofTible, and put under the command of Colonel Shadrach Walton. The whole armament failed from Bofton the eigh- teenth of September, and on the twenty- fourth arrived at the place. The force now being equal to its redudion, Suber-

cafe,

349

1709.

I 710.

Au^uft. 3>

3SO lyio.

Hutchin- foii and Penhallow

July 2Z.

Pciiliallow p. 58.

HISTORY OF

cafe, the governor, waited only the com- pliment of a few fhot and fhellsas a decent pretence for a furrender ; which was com- pleted on the fifth of Odober, and Vetch was appointed governor of the place which in honor of the queen was called Anna- polis.

While this expedition was in hand, and before the appointment of the command- ers, New-Hampfhire fuftained ar^ heavy lofs in the death of Col. Winthrop Hilton. This worthy officer being concerned in the mailing bufmefs, 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 ambufhedby a party of Indians, who at the firft fire killed Hilton with two more, and took two; the reft being terri- fied, 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 tri- umph had ftruck their hatchets into the colonel's brains, and left a lance in his heart. He was a gentleman " of good " temper, courage and condudt, refpeded " and lamented by all that knew him,"

and

N E W-H A M P S H I R E. 351

and was buried with the honours due to 1710. his rank and charader. v-r>o*;

Flufhed with this fuccefs, they infolent- ly appeared in the open road at Exeter, and took four children who were at their play. They alio took John Wedgwood, and killed JohnMagoon near his brother's barn,a place which for three days he had vifited with a melancholy apprehenfion arifing from a dream that he fhould there be murdered.

The fame day that Hilton was killed, a company of Indians who had pretended friendlhip, who the year before had been peaceably converfant with the inhabitants ' of Kingflon, and feemed to be thirfting after the blood of the enemy, came into the town, and ambufhing the road, killed Samuel Winflow and Samuel Huntoon; they alfo took Philip Huntoon and Jacob j^^s ^ettei Gilman, and carried them to Canada; ^".^^"^

' Clark to

where, after fome time, they purchafed I'rince. their own redemption by building a faw- mill for the governor after the Englifli mode.

The laft that fell this fummer was Ja- cob Garland, who was killed at Cochecho on his return from the public worfhip. As the winter approached. Colonel Walton with one hundred and feventy men traverf- ed the eaftern fhorcs, which the Indians

ufually

3:^2 HISTORY OF

1 710. ufually vifited at this feafon for the pur-* ^^n-^^ pofe of gathering clams. On an Ifland where the party was encamped, feveral Indians decoyed by their fmoke, and mif- taking them for fome of their own tribe, came among them and were made prifo- ners. One of them was a fachem of Nor- ridgwog, adlive, bold and fullen; when he found himfelf in the hands of ene- mies he would anfwer none of their quefti- ons, and laughed with fcorn at their threatening him with death. His wife, be- ing an eye witnefs of the execution of the threatening, was fo intimidated as to make the difcoveries which the captors had in vain defired of the fachem; in confe- quence of which three were taken at the place of which fhe informed, and two more at Saco river, where alfo five were killed. This fuccefs, inconfiderable as it may ap- pear, kept up the fpirits of the people, and added to the lofs of the enemy who were daily diminiihing by ficknefs and famine. jjii. In the fpring they renewed their ra- ^w^vnJ vages on the frontiers in fmall parties. Thomas Downs, John Church, and three more were killed at Cochecho ; and on a fabbath day feveral of the people there fell into an ambufh as they were returning from public worftiip. John Horn was wound- ed,

N E.W-H A M P S H I R E. 3.5J

ed, and Humphry Fofs was taken; but, 1711^ by the determined bravery of Lieutenant ^-^^^^ Heard, he was recovered out of the hands of the enemy, "Walton with two compa- nies marched to the ponds about the fifh- ing feafon ; but the Indians had withdrawn, and nothmg was to be ken but their de- ?. 60. ferted wigwams.

After the redudion of Port Royal Ni- cholfon went to England to folicit an ex- pedition againft Canada. The tory mini- ftry of Queen Anne, to the furprize of all the whigs in England and America, fell in with the propofal; 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 army from Europe; which happened within fixteen days; and while the feveral governors Vs^ere holding a confultation on the fubjed; of their orders. A compliance with them in fo {hort a time was impoiTible ; yet eve- ry thing that could be done was done; the nature of the fervice confpiring with the wifhes of the people^ made the go- vernments exert themfelves to the utmoft. New-Hampihire raifed one hundred men, which was more than they could well fpare ; one half of the militia being con- A a tinually

354

HISTORY OF

171 1, tlnually employed in guarding the fron- ^■^^'^^ tiers. They alfo voted them fubfiftence for one hundred and twenty fix days, be- fides providing for them on Ihore before their embarkation. Two tranfports were taken up at eight fhillings per month per ton ; and artillery ftores were iflued from the fort. The colony forces formed two regiments under the command of Vetch and Walton. The army which came from England were feven veteran regiments of the Duke of Marlborough's army, and a battalion of marines, under the command of Brigadier-General Hill, which, joined with the New-England troops made a bo- dy of about fix thoufand five hundred men, provided with a fine train of artillery. The fleet confifted of fifteen ihips of war from eighty to thirty-fix guns, with forty Perhaiiow traufpoi'ts and fix fl:orefhips under the com- Hutch.voi. mand of Admiral Walker, A force fully ^' ^" ^^°' equal to the redudion of Quebec.

The fleet failed from Bofton on the thirtieth of July ; and a fail w^as ordered by Dudley to be kept on the lafl Thurf- Coun.Rec. ^^Y of that, and each fiicceeding month, till the enterprize ftiould be finifhed. This was an imitation of the condudt of the long parliament during the civil wars in the laft century. But the fanguine hopes of ^

fuccefS'.

N E W-H A M P S H 1 R E. ^55

fuccefs which had been entertained by the 171 1, nation and the colonies were all blafted in ^"^^^^ one fatal night. For, the fleet having ad- vanced ten leagues into the river St, Law- rence, in the night of the twenty third of Auguft, the weather being thick and dark, eight tranfports w^ere wrecked on Egg- Ifland near the north fhore, and one thou- fand people periihed ; among vv^hom there was but one man who belonged to New- England. The next day the fleet put back, and were eight days beating down the ri- ver againfl: an eafterly wind which would in two days have carried them to Quebec. After rendezvoufing at Spanifh river in the ifland of Cape Breton, and holding a fruitlefs confultation 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 occafion ; the ignorance of the pilots ; the obftinacy of the admi- ral ; the detention of the fleet at Bofton ; its late arrival there ; the want of feafon- able orders ; and the fecret intentions of nummer-s the miniflry, were all fubieds of bitter al- letter to a

V - -r • noble lord,

tercation : but the milcarriage was never regularly enquired into, and the voyage was finally fettled by the blowing up of oaob. 9. A a 2 the

^^6 HISTORY OF

lyii. the admiral's lliip,with moftof his papers.

K^->n>J

and four hundred feamen, at Spithead. 1712. The faihare of this expedition encou- ■ '^■'^^-^ raged the Indians to harrafs the frontiers as foon as the feafon would permit. In April one Cunningham was killed at Ex- eter J Enfign Tuttle at Dover, and Jere- my Crommet at Oyfter 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 for- tune to furprize 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 mili- tia did duty at the garrifons and were ready to march at a minute's warning ; a fcout of forty men kept ranging on the heads 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. Notwithftanding this vigilance, fmall parties of the enemy were I frequently feen. Stephen Gilman and Ebenezer Stevens were wounded at King- fton, the former was taken and put to June i. death. In July an ambufh was difcover- ed at Dover, but the enemy efcaped ; and while a party was gone in purfuit of them,

two

N E W-H A M P S H I R E. 357

two children of John Waldron were tak- 171 2. en, and for want of time to fcalp them, vyv>J their heads were cutoff. There being no man at that time in Heard's garrifon, a woman named Efther Jones mounted guard and with a commanding voice call- ed fo loudly and refolutely as made the enemy think there was help at hand, and prevented farther mifchief.

In autumn the news ot the peace of Utrecht arrived in America; and on the 29th of October the fufpenfion of arms was proclaimed at PortfmoutK. The Indians being informed of this event came in with a flag of truce to Captain Moody at Cafco, and defired a treaty; which the governor, with the council of 171 3. each province, held at Portfmouth, where ^-/v^j the chiefs and deputies of the feveral belli- ^^ ^ "" gerent tribes, by a formal writing under hand and feal, acknowledged their perfidy, promifed fidelity, renewed their allegiance, fubmitted to the laws, and begged the Pcniiaiiow queen's pardon for their former mifcar- riages. The frequent repetition of fuch engagements and as frequent violations of them, had by this time much abated the fenfe of obligation on the one part, and of confidence on the other. But it being for the intereft of both parties to be at peace, the event was peculiarly welcome. To

I7I4-

358 HISTORYOF

1 71 3, To preferve the dependence of the In- ^w^>^J dians, and to prevent all occafions of com- plaint, private traffic vnth them was for- bidden and truck houfes eftablifhed at the public expence ; and the next fummer a lliip v^as fitted out by both provinces, and fent to Quebec, Vv^here an exchange of prifoners was effected .

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 refid- ing in it feveral months, enquiring into the ftate of the frontiers and garrifons, vi- fiting them in perfon, confialting with the officers of militia about the proper me- thods of defence and prote(5tion, and of- fering his fervice on all occafions: Yet his auftere and ungracious manners, and the intereft he had in Allen's claim, effec- tually prevented him from acquiring that popularity which he feems to have deferv- ed. He was folicitous to fupport the dig- nity of his commiffion ; but could never prevail with the aflembly to fettle a falary upon him. The council generally paid his travelling expences by a draught on the treafury, which never amounted to more than five pounds for each journey, lentil he came from Bofton to proclaim

the

N E W-H A M P S H I R E. ^^9

the acceffion of King George; when in a 1714. fit of loyalty and good humour they gave v-ry-sj him ten pounds, which ferved as a pre- cedent for two or three other grants. He often complained, and fometimes in harih and reproachful terms of their negled ; and once told them that his " Negro fer- coim.Rcc. *' vants were much better accommodated " in his houfe than the queen's governor " was in the queen's fort."

Dudley had the good fortune to be more popular. Befide his attention to the ge- neral intereft of the province and his care for its defence, he had the particular me- rit of favouring the views of thofe who were moft ftrongly oppofed to Allen's claim; and they made him amends by promoting in the aflembly addrefles to the queen, defending his charader, when it was attacked and praying for his conti- nuance in office when petitions were pre- fented for his removal. One of thefe ad- dreffes was in one thoufand feven hundred and fix, and another in one thoufand feven hundred and feven, in both which they re- prefent him as a "prudent,careful and faith- ful governor," and fay they " are perfectly " fatisfied with his difpofal of the people, and " their arms and the public money." Addref- " fes to the crown were very frequent during this female reign. Scarce a year pafled

■without

.Council Rec,

U--v-s^

360 HISTORY OF

1 7 1 4. without one or two ; they either congratu^ ^'"^''^ lated her majefty on her victories in Europe,

or petitioned for arms and military ftores for their defence, or for fhips and troops to go againll Canada, or reprefented their own poverty or Dudley's merits, or thanked her majefty for her care and protection, and for interpofmg in the affair of Allen's fuit and not fuffering it to be decided againft them. A good harmony fubfifted between the governor and people, and be- tween the two branches of the legiflature, during the whole of this adminiftration.

1 715. On the acceffion of King George a change was exped;ed in the government, and the affembly did what they could to prevent it by petitioning the king for Dud- ley's continuance. But it being now a time of peace, and a number of valuable officers who had ferved with reputation in the late w^ars being out of employ ; intereft ■was made for their obtaining places of pro- fit under the crown. Colonel Elifeus Bur- ges who had ferved under General Stan- hope was, by his recommendation, com- miffioned governor of Maffachufetts 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 publiftied his pommiffion on the thirteenth of Odober.

Uftier

N E W-H A M P S H I R E. 361

Ufher had fome fcruples about the validity 1 7i5«

K-^TY-^U

of it as he had formerly had of Partridge's,

and wrote on the fubjeO: to the affembly,

who affured him that on infpection they

had found Vaughan's commiffion " ftrong

" and authentic;" and that his own was

*' null and void." Upon his difmifTion and Af-

from office he retired to his elegant feat at iiec

Medford, where he fpent the reft of his

days, and died on the fifth of September

1 726, in the feventy-eighth year of his age.

Burges wrote a letter to the affembly in

July, in which he informed them of his

appointment, and of his intention to fail

for America in the following month. But

Sir William Afliurft, with Jeremy Dum-

mer 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 fterling, which Dummer

and Belcher generoufly advanced, to refign

his commiffion; and Colonel Samuel Shute „ ,

' _ Hutch.

was appointed in his ftead to the command voi. 11. p of both provinces. He arrived in New- Hampffiire and his commiffion was pub- liffied the feventeenth of Odober 1716. Dudley being thus fuperfeded, retired to his family-feat at Roxbury, where he died jn 1 720, in the feventy-third year of his age.

- A P P E N^

APPENDIX.

No. I.

Copy of a deed Jrom four Indian fagamores to John WheJenuright and others. i62g.

WHEREAS We the fagamores of Penacook, Pentuck-^ et, Squomfquot and Nuchawanack are inclined to have the Englifii inhabit amongu; us as they are amongfl our coun- trymen in the MafTachufetts Bay ; by which means we hope in time to be ftrengthened againft cur enemy the Tareteens who yearly doth us damage. Likewife being perfuaded that it will be for the.good of us and our pofterity, &:c. To that end have at a general meeting at Squomfquot on Pifcattaqua river, We the aforefaid fagamores with a univerfal confent of our fubjefts, do covenant and agree with the Englifh as followeth :

NOW know all men by thefe prefents that we Paffacona- waye fagam.ore of Penecook, Runnaavvitt fagamoreof Pentuck- it, Wahangnonawittt fagamore of Squomfquot, and Rowls fa- gamore of Nnchawanack, for a competent valuation in goods already received in coats, fiiirts and kettles, and alfo for the confiderations aforefaid do according to the limits and bounds hereafter granted, give, grant, bargain, fell, releafe, ratify and confirm unto John Wheelwright of the MafTachufetts Bay late of England, a minifter of the gofpel, Augufline Story, Tho- mas Wite, William Wentworth* and Thomas Levet, ail of the MafTachufetts Bay in New- England, to them, their heirs and affigns for ever, all that part of the main land bounded by the river of Pifcattaqua and the river of Meremak, that is to fay, to begin at Nuchawanack falls in Pifcattaqua river aforefaid, and fo down faid river to the fea, and fo alongfl the fea fliore

to

. * William Wentworth was one of the firft fettlers at Exeter, and after the breaking up of their combination for government he removed to Do- ver and became a ruling elder in the church there. In 1689 he vvas re- markably inflrumentai of faving Heard's garrifon, as is related in the proper place. After this he officiated for ievcral years as a preacher at Exeter and other places, and died in a very advanced age at Dover in 1697, leaving a numerous pofterity. From him the feveral Governors ^fthat name are defcended. He was a very ufeful and good man.

11 APPENDIX.

to Merramack river, and fo up along faid river to the falls at Pantuckit aforefaid, and from faid Pantucket falls upon a north-well line twenty Englifh miles into the woods and from thence to run upon a ftreight line north-eaft and fouth-weft till meet with the main rivers that runs down to Pantuckett falls and Nuchawanack falls, and the faid rivers to be the bounds of the faid lands from the thwart line or head line to the aforefaid falls and the main chanell of each river from Pentuckitt and Nuhawanack fails to the maine fea to be the fide bounds and the main fea between Pifcattaqua 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 iflands within faid bounds, as alfo the Ifles of Shoals fo called by the Englifh, together with all profits, advantages and appurtenan- ces whatfoever to the faid tra6l of land belonging or in any wife appertaining, referving to our felves liberty of making ufc of our old planting land, as alfo free liberty of hunting, fifii- ing and fowling ; and it is likewife with thefe provifoes follow- ing, viz. Firft, the faid John Wheelwright fhall vv^ithin ten years after the date hereof fet down with a company of Eng- lifh and begin a plantation at Squomfquott fails in Pifcattaque river aforefaid. Secondly, That what other inhabitants (hall come and live on faid tra6l of land amongft them from time to time and at all times fhall have and enjoy the fame benefits as the faid Wheelwright aforefaid. Thirdly, That if at any- time there be a number of people amongfl them that have a mind to begin a new plantation, that they be encouraged fo to do, and that no plantation exceed in lands above ten Englifh miles fquare or fuch a proportion as amounts to ten miles fquare. Fourthly, That the aforefaid granted lands are to be divided into townfhips as people increafe and appear to inha- bit them, and that no lands fhall be granted to any particular perfons but what fhall be for a townfhip, and what lands with- in a townfliip is granted to any particular perfons to be by vote of the major part of the inhabitants legally and orderly fettled in faid townfhip. Fifthly, For managing and regulating and to avoid contentions amongfl them, they are to be under the government of the colony of the Maffachufetts their neighbours and to obferve their laws and orders until they have a fettled government amongft themfelves. Sixthly, We the aforefaid fagamores and our fubjefts are to have free liberty within the aforefaid granted traft of land of fifhing, fowling, hunting and planting, &c. Seventhly and laflly, Every townfhip within the aforefaid limits or trail of land that hereafter fhall be fet- tled fhall pay to Paffaconaway our chief fagamore that now is

and

APPENDIX. ill

and to his fucceflbrs forever, if lawfully demanded, one coat of trucking cloth a year, and every year, for an acknowledgment, and alfo (hall pay to Mr. John Wheelwright aforefaid his heirs and fucceffors forever, if lawfully demanded, two bufliels of In- dian corn a year for and in conlideration of faid Wheelwrights great pains and care, as alfo for the charges he hath been at to obtain this our grant for himfelf and thofe aforementioned and the inhabitants that fhall hereafter fettle in townfhips on the aforefaid granted premifTcs. And we the aforefaid fac;amores, PafTaconaway fagamore of Penecook, Runaawitt fagamore of Pentuckitt, Wahangnonawitt fagamore of Squomfquot, and Rowles fagamore of Nuchawanack do by thele profents ratify and confirm all the afore granted and bargained premifTes and traft of land aforefaid, excepting and referving as afore except- ed and referved and the provifoes aforefaid fuliill'd, with all the meadow and marfh ground therein, together with all the mines, minerals of what kind or nature foever, with all the woods, timber and timber trees, ponds, rivers, lakes, runs of water or water courfes thereunto belonging, with all the freedom of fifhing, fov/ling and hunting as our felves, with all other bene- fits, profits, priviledges and appurtenances whatfoever there- unto of all and every part of the faid traft of land belonging or in any ways appertaming unto him the faid John Wheelwright, Auguftine Storer, Thomas Wight, William Wcntworth and Thomas Levet, and their heirs forever as aforefaid, TO HAVE AND TO HOLD the fame as their own proper right and intereft without the Icaft difturbance, moleftation, or trou- ble of us, our heirs, execrs & adminrs to & with the faid John Wheelwright, Auguftine Storer, Thomas Wight, William Wentworth and Thomas Levit their heirs, execrs. adminrs. & affigns, & other the Englifh that fhall inhabit there & their heirs and afligns forever fhall warrant, maintain and defend. IN WITNESS whereof we have hereunto fet our hands and feals the feventeenth day of May 1629, and in the fifth year of King Charles his reign over England, &c.

PASSACONAWAY, g mark, (Seal.)

RUNAAWITT, + mark, (Seal.)

WAHANGNONAWITT, -t- mark, (Seal.) ROWLS, X mark, (Seal.)

Signed, Sealed, and Delivered")

in prefence of us ] Memorandum. On the 17th

Wadergascom, :|; mark. I day of May, one thoufand fix

MisTONABiTE, M^ mark. • hundred twenty and nine, in

John Oldham. I fifth year of the reign of our

Sam. Sharps. J fovereign Lord Charles, king

of

iv APPENDIX.

of Entrland, ScotlanH, France and Ireland, defender of the faith, &c. Wahangnonaway fagamore of Squamfquott in Pifcattaqua river, did in behalf of himfelf and the other fa- gamores aforementioned then prefent, deliver quiet and peaceable poffeffion of all the lands mentioned in the within written deed unto the vpithin named John Wheelwright for the ends within mentioned, in prefence of us Walter Neal governor, George Vatighan fadlor, and Ambrofe Gibbons trader, for the company of Laconia, Richard Vines, go- 'vernor, and Richard Bonighton afBftant, of the plantation at Saco ; Thomas Wiggin agent, and Edward Hilton ftew- ard, of the plantation of Hilton's Point, and was figned, fealed, and delivered in our prefence. In witnefs whereof we have hereunto fet our hands the day and year above- written. Richd. Vines ^ Wa. Neale,

Rich. Bonighton^ George Vaughafi,

Tho. Wiggin, Ambrofe Gibbons.

Edivard Hilton, Recorded acq<5f6Ing to the original found on the ancient files for the county of York, this 2Sth day of Jan- 1 7 1 3.

per JOS. HAMMOND, Reg. A true copy from York county records of deeds, &c. lib.

8. fol. 16. &c. Att. DAN. MOULTON, Reg.

Corredled by a copy on file in the fuperior court of New-

Hampfhire, in the cafe of Allen vs Waldron ; which copy is

attefted by the above named Jos. Hammond.

No. II. An original letter from Thomas Eyre otie of the adventurers or company of Laco7iia to Mr. Gibbons their fa£lor. Mr. Gibbins, London the laft of May, 163 Jo

YOURS of the 8th April 1630, from Plimouth I receiv- ed and thereby tooke notice of your entertaining Roger Knight; and here I prefent his wife 20 s. pr. quarter at your tlefire and 3 /. per quarter to yours. I hope by this they are both with you according to your defire. I wifh all your wives with you, and that fo rftany of you as defire wives had fuch as they defire; for the adventurers defire not to be troubled with quarterly payments.

Your next to me is dated theziftof July laft atPafcataquacke, I take notice of your complaints for want of the trade goods, and fomuch as licth in me it (hall be otherwife, efpccially if you i"end us returnes, doubt you not but that you fhall be fuppHed from time to time unto your owne contents.

Your 3d Ire to me is dated the 14th of Auguft, by which I

perceive

APPENDIX. V

perceive divers of the commodities and provifions which you car- ried with you in the barke Warwicke, were not to your likin? for which I am forry. You know the trouble we had. I could not looke to Mr. Olden's and all befides. I hope by the Pide- Cowe you find it otherwife. I pray write me how you like the hatchetts fent you by thatflilp and how all goeth.

i like it well that your governor v/iil have a ftocke of bords at all times readie. 1 hope you will find fomething to relade both the Pide-Cowe and the Warwicke. I will now put oa the fending of you the moddell of a faw-mill that you may have one going.

Your wife and children, Roger Knight's wife and one wife more we have alredy fent you, and more you fhall have as you write for them.

Another Ire I have from you of the 14th Auguft, in which you write for another Mafon, Wee have had enough to doe, to goe fo farre forwards as we have, as Capt. Keyes can tell you, now we begine to take hearte agayne, but the fight of re- turnes will be that which will indeede put life into us.

Among my New-England records I find your Ire unto Capt. Mafon of the 14th Auguft laft, wherein you give a good account of your times fpent from the firft of June untill then, as alfo of the manner of your trade which was to Capt. Mafon'a liking. Wc hope you 'will find out fome good mines-, nuhich nuill be ivelcr.Tne neives unto us.

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

By the barke Warwicke we fend you a fatftor to take charge of the trade goods; alfo a foldier for difcovrie &c.

Thus I comend you, and your wife, who by this I hope 18 with you to the protcftion of the almightlc.

Your loving friend. Kept untill the 7th of June. THO. EYRE,

No. III.

An original letter from the company to Gihlins, Mr. Ambrofe Gibbons, London 5th Decemb 1632.

YOURfundrie letters we have received. AVce doe take notice of your care and paines in our plantation and doe wifh that others had bine that way the fame that you are and will wee hope foe continew. The adventurers here have bine foe difcouraged by reafon of John Gibbes ill dealing in his fifii-

vi APPENDIX.

ingvoiage, ns alfoe by the fmall returnes fent hither by Capt; Neal Mr. Herbert or any of their faftors as that they have noe defire to proceed any farther, untill Gapt. Neale come hither to confer with them, that by conferrence with him they may fettle things in a better order. Wee have vvritten unto Capt. Neale to difmlfe the houfhold, onlle fuch as will or canne live of themfelves may ftay upon our plantation In fuch convenient places as Captain Neale Mr. Godfrie and you fhall thinke fitt; and after conference had with Captain Neale they fhall have a reafonable quantity of land graunted unto them by deed.

Wee praie you to take care of our houfe at Newlchwannick and to looke 'well to our vines, alfo you may take fome of our fwine and goates, which wee pray you to preferve. Wee have committed the chelfe care of our houfe at Pafcattaway to Mr. Godfrie and written unto Mr, Warnerton to take care of our houfe at Strawberry -bancke. Our defire is that Mr. Godfrie, Mr. Warnerton and you fhould joyne loveinglie together in all things for our good, and to advife us what our bell courfe will be to doe another yeare.

You defire to fettle yourfelfupon Sanders Point. The ad' venturers are willing to pleafure you not only in this, in re- gard of the good report they have heard of you from tyme to tyme, but alfoe after they have conferred with Captain Neak they determyne fome further good towards you for your fur- ther incouridgment.

Wee defire to have our fifliermen increafed, whereof wee have written unto Mr. Godfrye. Wee thank you for affifting John Raymond, wee pray you ftill to be helpful to him that fo he may difpatch and come to us with fuch retourne as he hath, and if he hath any of his trade goods remayning unfold wee have willed him to leave them with you and we doe hereby pray you to receive them into your cuilody and to put them aff with what conveniency you canne, and to fend us the retournes by the firfl; fhipp that comes. Thus we commend you and your wife to the protection of the almightye.

Your loving friends, John Mafon, Tho. IVannerton,

Henry Gardiner j Tho. Eyre, for my Ceo. Griffith, children.

No. IV. Copy of a letter froin Gihbins to the company.

AFTER my umble duty remembred unto your worfhips, 1 pray for your good health and profperity, Thefe are certifying your worlhip for the goods I have received from

you.

APPENDIX.

vu

you. I have delivered unto Mr. John Raymon 761b and 4 ounfes of beaver, 10 otters, 6 mufquaflies and on martin more, that Captain Neale had 3581b and ii ounzes of beaver aind ot- ter, 17 martins, on black fox flcin, on other fox {i<in, 7, racoon fkins, 14 mufquafhes two of them with ftones. Mr. Raymon's prefent departing and the intermixing of all the trade goods in my care until Mr. Vaughan com 1 cannot give you any fa- tisfaftion for the account of trade. I did advife Mr. Raymon to returne with all fpcede unto you. Your letters I received the 7th of June. At larg I will write if God wii by the next. Thus taking my leave I comit your worfliip to Almighty God.

Your worftiip's at command, From Newichwanicke AMBROSE GIBBINS.

this 24th of June 1633.

No. V. Copj! of UKother fro7n Glbbhis to the company.

Newichwanicke, July J3, 1633. IGHT honourable, right worfliippful and the reft, my humble fervis rembred. Your letter dated the 5th of December and Mr. Ares letter the third of April I received the feventh of June. The detaining of the former letter hath put you to a great charge in the plantation. For my care and paincs I have not thought it much although I have had very little encouradgement from you and here. I do not doubt of your good will unto mee. For your filhing, you complain of Mr. Gibbcs: A Londoner is not for fifhing, neither is there any amity betivixt the Weft cuntrimen and them. Brifto or Barnftable is very convenient for your fifliing (liipes. It is not enough to ht out fhipes to fifti but they muft be fure (God wil) to be at their fifuing 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 houfe at Pafcatawa and hath with him William Cooper, Rafe Gee, Roger Knight, and his wife, William Dermit and on boy. For your houfe at Newichwanicke, I feeing the neceffity wil doe the beft I can there and elfewhere for you until I hear from you againe. Ad- vife I have fent but not knowing your intentes I cannot wel enlarge but I refer you to Mr. Herbert and Mr. Vaughan. For my fettlement at Sanders-Point and tlie further good you in- tend me 1 humbly thank you I ftiall do the beft I can to be grateful. J have taken into my handes all the trade goods that remains of John Raymon's and Mr. Vaughan's and wilf with what convenience I may put them of. Tou complain of

b b your

v'lu APPENDIX.

your retu?-)2es ; you take the coorfe to have little ; a plantation jnuji he furnijhed ivith cattle and good h'tr^d hands and necejjaries for them and not thnike the great lookes of men and many 'words •vjil be a meanes to raife a plantation. Thofe that have been- here this three year fom of them have neither meat money nor clothes, a great difparagement. I ihall not need to fpeak of this, you ihall hear of it by others. For myfelf, my wife and child and four men we have but half a barrel of corn; beefe and porke I have not had but on peefe this three months, nor beare this four months ; for I have for two and twenty months had but two barrels of beare and two barrels and four boofhel of malt, our number commonly hath bin ten. I nor the fer- vaiites have neither money nor clothes, I have bin as fparing as I could, but it will not doe. Thefe four men with me is Charles Knell, Thomas Clarke, Steven Kidder, and Thomas Crockitt, three of them is to have for their wages until the firft of March four pounds per peefe and the other for the yeare fix pounds which in your behalf I have promifed to fatisfy in mo- ney or bever at ten fhillings per pound. If there were necefTa- rys for them for clothing there would not bee much for them to receave. You may perhaps think that fewsr men would ferve me but I have iometimes on C \_one hundred'\ or more Indians and far from neybors: Thefe that I have I can fet to pale in ground for corne and garden. I have digged a wel within the palizado, where ib good water, I have that to clofe with timber. More m.en I could have and more employ, but I red thus until I heare from you. 1 he vines that 'were planted 'will com to little y they pro/per not in the ground they 'were fet ^ them that groo na- tural are veri good of divers forts. I have fent you a note of the beaver taken by me at Newichwanicke, and how it hath gon from me. George Vaughan hath a note of all the trade goodes in my cultody of theold (lore John Ramon's and George Vaugh- an's accomtes, but the beaver beinge difpofed of before 1 could make the devident I canot fee but it mull be all onpackt and be devided by you. The governor departed from the planta- tion the fifteenth of July in the morning. So for this time I end, committing you to the proteftion of the Almiehty and ever reft your loving fervant, AMBROSE GIBBINS.

No, VI.

Copy of a letter frojn Neal a?id Wiggen relating to a divifion of the lands at Pafcataqua, 1633.

Much honoured,

IN obedience to your commands have furvaied the river from the mouth of the harbor to Squamfcutt falls, iiquife from

the

APPENDIX. li

the harbor's mouth by the fea fide to the Maflachufetts bounds, and find that the bounds of your pattents will not aford more than for two towns in the river of Pafcataway and the remain- der will make another good towne having much fait marfh in it. And becaufe you would have foure townes named as you defired wee have treated with a gentleman who has purchafed atrackt of land of the Indyans at Squamfcutt falls, and your land running up to the faid falls on one fide of the river from the falls about a mile downward, faid gentlemen having a mind to faid land on your fide to a certain crike and one mile bac- ward from the river which we agreed on and the crike is called Weelewright's, the gentleman's name being W<;e]e\vri'j;ht and he was to name faid plantation (when fettled) Extter, And the other two towns in the river, the one Northhain and Ports- mouth the other. Bounded as followeth, viz. Portfrnauth runes from the harbor's mouth by the fea fi'le to the entrance of a little river between two hcd lands 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 fl:rait line to the aforefaid creeke which we have named Weelewrights creeke and fr-om thens down the river to the harbor's month where it began. And North-ham is theboundsof all theland of Hilton's Point fide. And the other land from the little river between the two Boores-Heds to run by the fea till it meets v^ith the line between the Maffachafetts and you, and fo to run from the fea by faid Maflathufetts line into the woods eight miles and from thence atwart the woods to meete with Portfrnouth line neere Wheleright's creeke and that tra6te of land to be called Hampton. So that their is foure towns named as you defired 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 thoufand acres belonging to the com- pany of Laconyah and the pattent of Bluddy poynt the river running fo intrycate, and Bluddy poynt pattent bounds from thence to Squamfcutt falls to run three miles into the woods from the water fide. But for your better underftanding there- of wee have fent you a draft of it according to our bell flcill of what we know of it at prefent, and have drawn a dividing line between the two pattents, fo that Portfrnouth is part of both pattents and Hampton we apprehend will be holly in the twenty thoufand acres pattent, and North-ham is the bounds of Hilton's point pattent. If vvhat wee have don be to your likinge wee ihall think our time well fpent and what further commands you v/ill pleafe to lay on us we fhall readily obeye b b 3 to

s APPENDIX.

to the utmafl; of our power. Wee humbly take leve and fub- fcribe ourfelves. Your devoted and moft humble fervants, North-ham on Pafcataway river, in 7 WALTER NELE, New-England, 13 Auguft, 1633. 3 THOMAS WIGGIN.

Superfcribed, To John Mafon Efq. governor of Portfmouth to be communicated to the pattentes of Laconiah and Hilton's point, humbly prefent in London.

Wee under written being of the government of the province of Maine doe afhrm that the above letter written and fent by Walter Nele and Thomas Wiggin and direfked to John Mafon Efq. governor of Portfmouth to be communicated to the pat- tentes of Laconiah and Hilton's point, is a irew copia compar- ed with the originall. And further wee doe affirme that there was foure grete gunes brought to Pafcataqua which ware given by a merchant of London for the defence of the river, and at the fame time the Earle of Warwicke, Sr Ferdenando Gorges, Capt. John Mafon and the reft of the pattentees fent an order to Cap. Walter Nele and Captn. Thomas Wiggin ther agents and governor at Pafcataway to make choife of the moft conveni- ent place in the faid river to make a fortefecatyon for the de- fence thereof, and to mount thofe foure gunes giveen to the place, which accordingly was done by Capt, Walter Nele and Capt. Thomas Wiggin and*the pattentes fervants, and a draft was fent of the place that they had made choice of to the faid earle and company, and the draft did containe all the necke of land in the north efte fide of the grete ifland that makes the grete harbor, and they gave it the name of Fort-poynt, and allotted it fo far backe into the ifland about a bow-fhoat to a grete high rocke whereon was intended in time to fet the prin- cipall forte.

That the above is all truth wee affirme, and by the defire of Capt. Walter Nele and Capt. Thos. Wiggen wee have order- ed this wrighting to ly in our files of records of their doings therein. In witnefs whereof wee have hereunto fett our hands and feles at Gorgeana, in the province of Maine, in New- England, 20th Auguft J 633.

RICH. VINES, (Seal.)

HENRY JOCELYN, (SeaL) No. VII. An original letter from Sir F. Gorges and Capt. Mafon t9 MeJJ'rs IVannerton and Gihhins.

Mr. Wannerton and Mr. Gibbons,

THESE are to let you know that wee with the confent of the reft of our partners have made a divifion of all

our

APPENDIX.

XI

«ur land lying on the north-eaft fide of the harbor and river of Pafcattaway ; of the quantities of which lands and bounds agreed upon for every man's part we fend you a coppie of the draft, defiring your furtherance with the advice of Capt. Nor- ton and Mr. Godfrey to fet out the lynes of divifion betwixt our lands and the lands of our partners next adjoining, becaufe we have not onlie each of us fhipped people prefent to plant upon our owne landes at our owne charge, but have given di- re6lion to invite and authoritie to receive fach others as may be had to bt; tenants, to plant and live there for the more fpeedic peopling of the countrie. And whereas there is belonging unto me Sr Ferdinando Gorges, and unto Capt. Mafon for himfelf and for Mr. John Cotton and his deceafed brother Mr, William Cotton, both whofe interefts Capt. Mafon hath bought, the one halfe of all matters mentioned in the inventorie of houf- hold ftuffe and implements left in truft with you by Capt. Neale, whereunto you have fubfcribed your names and where- of a coppie is herewith fent, we defire you to caufe an equal divifion as neere as pofliblie may to be made of all the faied matters menconed in the inventorie in kinde, oriffomeof them cannot be fo divided then the on halfe to be made e- quall to the other in valew of all the faied matters, except the cattell and fuites of appareli and fuch other things as belong pertlcuiarly to Capt. Mafon, and to deliver the faid one halfe of all the faied matters foe to be divided, unto Mr. Henry Jo- celyn for the ufe of our plantations, taking an inventory there- of under his hand of all you fhall foe deliver hime, and making certificate to us thereof. And for your foe doeing this fliall be your fuffitient warrant and difcharge. And foe we reft. Your verie lovinge friends, Portfmouth, Maye c, FERDiN. GORGE,

1634. JOHN MASON.

No. vni.

An original letter from Capt. Mafon to Gihhins. Mr. Gibbins,

THESE people and provlfions which I have now fent with Mr. Jocelyne are to fett upp two mills upon my own divifion of landes lately agreed upon betwixt our adven- turers ; but I thinkc not any of them will adventure this yeare to the plantation befides Sr Ferdinando Gorges and myfelf, for which 1 am forrye in that fo good a bufines (albeit hither- to it hath bene unprofitable) fhould be fubjeft to fall to the ground. Therefore I have ilrayncd myfelfe to doe this at this

prefent

xU APPENDIX.

prefent, and could have wifhed that the reft would have joyn? ed to have fent you fome provifions for trade and fupport of the place, but that faileing I have direfted to you as a token from myfelfe one hogfhead of mault to make you fome beare. The fcrvants with you and fuch others as remaine upon the companies chardge are to be difcharged and payed their wages out of the ftocke of beaver in your hands at the rate of 12 s. the pound, whereof I thinke the company will write you more tit large. And wee have agreed to devide all our movables mentioned in the inventory that Capt. Neale brought home, which were left in truft with you and Mr. Wannerton. I bought Mr. Cotton's and his brother's parte of all their ad- ventures ; fo that the halfe of all belonges to Sr Ferdinando Goi-ges and myfelfe, and of that halfe three quarters wil be dewe to me and one quarter to Sr Ferdinando. Thefe things being equally divided they are to be delivered to Mr. Joceline, my three partes of the halfe, and the other fourth to whom^Sr Ferdinando iliall appointe. And you muft afford my people fome houfe roome in Newichewannocke houfe, and the cowes and goates which are all mine, and 14 fwine with their in- creafe, fome ground to be uppon till wee have fome place pro- vided upon my new divided land, or that you receive my fur- ther order. A copie of the divifion of the landcs is herewith fent unto you.

The ftockinges and the mault and the fultes of cloathes and fnggar and rayfinges and wire that was delivered by Mr. Bright and Mr. Lewes I have not received any fatisfaftion for, where- in I muft crave your helpe and fuch fatisfadlion as may be fent by this (hipp.

The chrijlall Jioanes you fent are of little or iio vale'VJ vnlefs they 'were jo great to make drinking cuppes or fome other luorkes, as pillsrs Jor faire lookeingc glajfes or fr.r gariiifhinge of rich ca- binets. Good iron or lead oare 1 fhould like better of if it could he found.

I have dift)urfed a great deale of money in your plantation and never received one penny, but hope if there nuere once a difcoverie of the lakes that I foould in fome reafonahle tivie be re- imhurfed again. I pray you helpe themr what you can to fome ot the belt iron ftoane for ballaft, and in cafe he want other ladeinge to fill the fhipp upp with ftockes of cyprefs wood and cedar. Let me hear from you of all matters neceffary, and wherein I maye doe you any plcafure I ftiall be reddie, and fo lai'ith my heartie commendations, I reft yourveric loveing friend,

fortfrnouth. May 5th, 1634. ' JOHN MASON.

(Received loth July, 1634.} No. IX,

APPENDIX. xlii

No. IX.

j4npwer to the foregoing' SI R,

YOUR worfhip have done well in fetting forward your plantacon, and for your millcs they will prove benefici- al uiuo yuu, by God's affllance. I would you had taken this coorfe iooiier, for the marchants I fhall be very cautyoufe hovy I deale with any of them while I live. But God's will be done. I and the world doth judge that I could not in thcfe ray dayes have fpcnt my time for noethinge. For their fending trade and fupport I defire It not. I have fupported but now fonkc under my burthen, the more I thinke on this, the more is my griefe.

I have received the hagfd. of mault that you fent me, give- ing you humble thanks for the fame. The fervants that were with me are difcharged and payd their wages for the yeare pail ,and I have delivered unto Mr. Wannerton A.7V0. of beaver to pay thofe that were with him for the year palt. For the pay- ing of the fervants there old wages or the divid'ng of the goods I expect a genera! letter, if not, then to heare further from your worihippe. Your carpenters are with me and I will further them the bell; I can. Capt. Neale appoynted me two of your goats to keepe, at his departinge, I praife God they are 4. Of the goods that Mr.. Bright left I onely reed, of Cant. Neale 4 bulliells of mault and at feveral times 8 gallons of facke, and from Mr. Wannerton 7 bufhells and l peck of mault, 5 lb. and \ of fugar and 3 pr. of children ftockings and 97 lb of beef'^ which was of an old cow that Mr. Wannerton killed, being doubtfull that fhe would not live over the winter. For thele I will pay Mr. Jocelin for you.

I percieve you have a great mynd to the lakes., and I as great a 'will to aljift you. If I had 2 horfes and 3 men 'with ni€ I nxiould by God's helpe foon refolve you ofthefituatlon of it, but not to live there niyfelfe.

The Pide-Cow arrived the 8th of Julie, the 13th day (he call anchor fome halfe a mile from the falls, the 1 8th day the Ihippe unladen, the itjth fell downe the river, the 22d day the carpen- ters began about the mill, the 5th of Augull the iron Jloane taken in the (hippe. There is of 3 forts, on fort that the myne doth caft fourth as the tree doth gum, which is fent in a rundit. On of the other fortes we take to be very rich, there is great ftore of it. For the other I know not; but may it pleafe you to take notice of the walght and meafure of every fort, be- fore it goeth into the furnace and what the flone of fuch weight

and

xlv APPENDIX.

and meafure will yeeld in iron. This that 'e take to be the bcft ftone is one mile to the fouthwardof the great houfe*, it is fome 2 00 rodd in length 6 foote wide, the depth we know not, for want of tools for that purpofe we tooke onely the furfacs of the mine.

I have paled in apiece of ground and planted it. If it pleafe God to fend us a drie time 1 hope there will be 3 or lo quarters of come. You have heare at the great houfe 9 cowes, 1 bull, 4 calves of the laft yeare and 9 of this yeare; they prove very well, farre better than ever was expetled, they are as good as your ordinary cattel in England, and the goats prove fome of them very well both for milk and breed. If you did fend a fhippe for the Wedern Iflands of fix fcore tunne or thereabouts for cowes and goates it would be profitable for you. A llocke of ironworke to be put away with your boardes from the mill will be good, nayles, fpikes, lockes, hinges, iron works for boats and pinacfs, twine canvis, needles and cordage, pitch and tarre, graplcs, ankers, and neceflarys tor tliat purpofe.

Sr, I have yvritten unto Mr. John Round to repair unto your worlhip ; he is a filver fmith by his trade but hath fpent much time and useans about iron, may it pleaie you to fend for him, he dwelleth in Mogul ftreet, if you are acquainted with any finer or mettle man enquire of him and as you fee caufe fend for him, he is well feene in all mineralls ; if you deale with him he will give you a good light for your proceedings.

The 6th of Augull, the fhippe ready to fet fayle for Sacotp load cloave bords and pipe ftaves. A good huftand with his wife to tend, the cattle and to make butter and cheefe will be profitable, for maides they are foone gone in this country. For the reft I hope Mr. Jocelyn for your own particulars will fatisfye you for I have not power to examen it. This with ray humble fervice to your worfliip, I reft,

Newichawanock, Your ever loving fervant,

the 6th of Auguft, 1634. AMBROSE GIBBINS.

No.X.

An original letter from G. Vaughan to Mr. Gibbins.

Mr, Gibbcns, Bofton, Aug. 20, 1634.

E only wait for a faire wind. I fhall acquaint Mr.

Mafon and the reft of the owners fully of what you

and I have formerly difcourft, and if they give mee incouradg-

ment hope fhall fee you againe the next yeare. Lookeing

over my papers found the inclofed, it being the divifyon of the

townes, * The great houfe flood oppofite to the houfe of Mr. Temple Knight.

APPENDIX.

XV

townes, and the copia of what Capt. Nele and Capt. Wiggens vvroat hoome to the pattentes of Laconiah and Hilton's Point. It may be of fom ufe to you hereafter, therefore fent it you, /e/ie Capt. IViggens Jhould make a?ic/ther blujler. Which with my kind love to you and your fpoufe and little Beck, I am your affiired frend,

GEORGE VAUGHAN,

No. XL Another fro?n the fame. Loving frend Gibbens, London, icth April, 1636.

WEE put into Ireland goinge home, and there was taken fike and lefte behind, and laye fo long before I got well that it was the latter end of December laiLe before I got to London, and Mr. Mafon nuas ded. But I fpoke with Sr Ferdinando Gorges and the other owners, but they gave me no incouradgment for New-England. I acquainted them ful- ly of what you and I difcourfed, but they were quite could m that matter, Mr. Mafon being ded and Sr Ferdinando mind- ing only his one divityon. He teles me he is a geting a pat- tente for \\.frovi the king from Pafcataqua to Sagadehocke, and that betwene Meremacke and Pifcataqua he left for Mr. Mafon, lijho if bee had lived ivoiild a tooke a putteiit for that alfo, and fo I fupofe the affairs of Laconia is ded alfo. I intend to goe for the Efte 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 prefent. Thus with my kind love to you and your wife and daughter, 1 am your loving frend,

GEORGE VAUGHAN. N. B. The ten preceding papers are in the recorder s office for Rockingham county.

No. XIL Copy of a report of a Committee of Reference on the petition of Rob. Mafon, EdwardCodfrey, and others to the king, [_in 166 J. J To the Kinges mofl excellent Majellle,

ACCORDING to your majeities reference upon the pe- tition of Robert Mafon, Edward Godfrey, and others, hereunto annexed, bearing date at Whitehall the feventeenth of November 1660, wee have heard the claimes and complaints of the peticoners, and alfo fummoned by procefs publlcquely executed att the Exchange on the 2ift day of JanuaYy lalt a- ga'uill all perfons interefted in that bufmefs, but none appear- ed but Capt. Jno. Lcverett, who acknowledged that former- ly

Kvi APPENDIX.

ly hee war. commiffionated as an ag^ent of the corporacon of Bofton in New-England, but that now he had noe authority to a[)peare or a6l on their behalf.

Upon producing of divers letters pattents and cxaminacon of witneffes, wee finde. That Capt. Jno. Mafon, grandfather to Robert Mafon one of the peticoners, and Edward Godfrey another oi the peticoners, by virtue of feverai letters pattents tinder the great fcale of England granted unto them and other? by your majeilieb late royal father, by themfelves and their aflignes have been in aftual and quiet pofleffion of feverai tradts, parfells and divilions (^^ land in New-England, as in and by the faid letters patents is particularly expreffed, and that the fa:d Capt. Jno. Mafon and the faid Edward Godfrey did expend and lay out confiderable Aims of money in fettling plantacons and collonys there ; That the faid Edward Godfrey has lived there for five and twenty yeares, having undergone and dif- charged the office of governor of the province of Mayne with much reputacon of integrity and juilice, endeavouring the re- p-ulacon and government of thofe partes where he lives accord- ing to the known and fettled lawes of this kingdome ; That notwithftanding, the faid Edward Godfrey has not only been turned out of his faid place of governor, butt has been utter- ly outed and difpoffeffed of his lands and eflate in that country, which the inhabitants of the Maffachufetts have forcibly feized and ftill doe detayne the fame from him ; That it appears as well by teilimony of witnefies as by a coppy of the letters pat- tents that they were not to adt any thing repugnant to the Jawes of England, nor to extend their bounds and limits of the faid corporacon farther than three miles northward of Merrymscke river, and as a memorial and evidence thereof, the governor of the Maffachufetts did fett up an houfe about thirty yeares fince, which is called i/}e bound hoiije, and is knowne by that name to this day, and with this divifion and afiignment or lott of land the inhabitants and pattentees of the faid corporacon of the Maffachufetts refted content for the fpace of fixteen years together, until about the year 1652 they did enlarge and flrctch their line about threefcore miles be- yond their known and fettled bounds aforefaid ; and have thereby not only invaded and incroached upon the plantacons and inheritances of the petitioners and other your majeflies fubjefls, but by menaces and armed forces compelled them to fubmitt to their iifurped and arbitrary government which they have declared to be independent of this your majefties crowne 01 England, and not fubordinate thereunto.

It

APPENDIX. xvii

It appears further by the witnefles that the collony of Maf- fachufetts has for thefe many years paft endeavoured to modell and contrive themfelves into a free ftate or commonwealth without any relacon to the crowne of England, afTuming on themfelves the name and ftile of a commonwealth, iffuing of writs in their owne name, impofing of oathes to be true unto themfelves contrary to that of allegiance, coynmg of money with their owne ftamps and fignatures, exercifing an arbitrary- power over the ellates and perfons of all fuch as fubmitt not unto their government allowing them noe appeales to Eng- land. And fome have been foe bold as publiquely to affirme, that if his majeilie fhould fend them a governor, that the fe- verall townes and churches throughout the whole country un- der their government did refolve to oppofe him, and others have faid that before they of New-England would or fhould fubmitt to any appeale to England they would fell that coun- try or plantacon to the king of Spaine*.

That by reafon of the premifes the faid Rob. Mafon and Edward Godfrey have beene damnified in their plantacons and ellates to the value of five thoufand pounds, according to the judgment and eflimacon of feverall witnefTes, examined in that behalfe. But by v^hat pretence of right or authority the Maf- fachufetts have taken uppon them to proceede and a6l in fuch manner doth not appeare to us.

All which we mofl humbly reprefent to your majeilie in duty and obedience to your commands, not prefuming to of- fer any opinion in a bufmefs of foe high importance, wherein the publique intereft and government of your majeilie appears foe much intermix! and concerned with the private interelt of jthe peticoners. Robt. Mafotiy G. Sivs'tt,

J a. Biince^ Richnrd Foxe^

Tb. Exton, Jo. Myllej.

Tho. Povey.

\Wtthout date] in the recorder's office for Rockingham county.

No. XIII. To the King's mofl excellent Majefly. The humble petition of Robert Mafon, proprietor of the pro- vince of New-Hampfhire, in New-England, Sheweth,

THAT your majefly's royal grandfather king James, of ever bleffed mem.ory, did by his highnefs letters patents under the great feale of England, bearing date at Wcllminfter

the

? Vide Htttch. collcc. pap. p. Z2^,'

XVlll

APPENDIX.

the third day of November, in the eighteenth yearc of his reigne, give, grant and confi'-m unto feveral of the principal nobility and gentry of this kingdome by the name of the councell of New-England, their fucceffors and affignes 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 privileges and immunities, only paying to his ma- jefty, his heirs and fuccefTors, one lift part of all the oare of gold and filver that fhouid at any time be found upon the faid lands, as by the faid letters patents doth at large appeare.

That John Mafon, efq. your petitioner's grandfather, by- virtue of feveral grants from the faid councell of New-Eng- land, under theire common feale, bearing date the 9th of March 1621, the roth of Augull 1622, the 7th of Novem- ber 1629, and the 22d of April 1635, was inflated in fee in a- great trad of land in New-England by the name of New- Hampfhire, lyeing upon the fea-coaft between the rivers of Naumkeek and Pafcataway, and running up into the land •w^llvvard threefcore miles, with all the iflands lying within five leagues dillance of any part thereof, and alfo the fouth halfe of the Ifles of Shoals ; and alfo the faid John Mafon together with Sir Ferdinando Gorges, knt. was enfeoffed by the afore- faid councell of New-Eugland in other lands by the name of Laconia by their deed b.areing date the 27th day of Novem- ber 1629, the faid lands lyeing and bordering upon the great lakes and rivers of the Iroquoi.« and other nations adjoining. Ail which faid lands to be held as fully, freely, in as large, ample and beneficial manner and forme to all intents and pur- pofes whatfoever as the faid councell of New-England by vir- tue of his majelly's faid letters patents might or ought to hold and enjoy the fame, as by the faid feveral grants appeares.

Whereupon your petitioner's faid grandfather did expend upwards of twenty two thoufand pounds in tranfporting peo- ple, building houfes. forts, and magazines, furnifliing them with great flore of amies of all forts, with artillery great and fmall, for defence and protedlion of his fervants and tenants, with all other neceflary commodities and materialls for eflablifh- ing a fettled plantation.

That in the year 162S, in the fourth yeare of the reigne of your majefly's royal father, fome perfons did furreptitioufly and utiknuivn to the faid councell^ get the feale of the faid coun- cell affixed to a grant of certaine lands, whereof the greateft part were folemnly paft vmto your petitioner's grandfather and •ethers long before, and fooae after did the fame perfons by

their

APPENDIX. x!x

their fuht'il praciifes get a confirmation of tlie faiJ grant under the great feale of England, as a corporation by the name of THE CORPORATION OF THE MASSACHUSETTS BAY IN NEW-ENGLAND, your majejifs royal father he- ing un'UjittiKg thereof, and having thus by fraud obteyned a grant and confirmation, they compelled the rightfuU inhabi- tants to defert their plantations, and by many outragious ac- tions they became poffefled of that part of the country, de- clareing themfplves to be a free people, frameing to themfelves new lawes, with new methods in reh'gion abfolutely contrary to the lawes and cuftomes of this your majefty's realme of England, puniihing diverfe that would not approve thereof, fome by whipping, others by burning their houfes, and fome by banifhing, and the like.

At lafh the complaints of the oppreiTed fubjefts reaching the eares of your royal father, his magefty caufed the whole matter to be examined before his moll honourable privy councell and all being fully proved, his majefty did command the councell of New-England to give an account by what authority, or by ■whofe procurement thofe people of the Maflachufetts Bay- were fent over, his majefty concieving the faid councell to be guilty thereof.

But the faid councell of New-England made it plainley to appear to his majefty that they v/ere ignorant of the whole matter and that they had noe fhare in the eviJls committed and ■wholly difclaimed the fame, and the faid councell finding they had not fuificient means to give redrefs and reftify what was bro't to ruine, they humbly referred to his majefty to doc therein as he pleafed and thereupon the faid councell of New- England refolved to refign, and did aftually refigne the great charter of New-England into his majefty's royal handes, feeing there was an abfolute necelTity for his majefty to take the management of that country to himfelf, it being become a bu» finefs of high confequence and only to be remedied by his fo- vereign power, all which appears by the declaration of the councell of New-England dated the 25th of April, 1635, to- gether with the act of furrender of the great charter of New- England dated the 7th day of June, the fame year.

That immediately thereupon, his majefty in trinity termc 1635, caufed a quo warranto to be brought up by Sir John Banks his majefty's then attorney general againft the governor, deputy governor and every of the aftiftants of the laid corporation of Maflachufetts in New-England feverally, according to their names mentioned in the faid patents of incorporation, being

twenty

zx

APPENDIX.

twenty fix perfons, whereof two being dead, of the remayning twenty four perfons, there did fourteen at feveral times appeare at the king's benchbar and there difclaimed the charter, the re- maining tenn perfons were outlawed, and thereupon judgment given for the king, that the hberties and franchifes of the faid corporation of Maffachufetts Bay fhould be feized into the king's handesand thebody of the governor to be taken intocuilody for ufurping the faid liberties, all which appears by the roles in the crown office, of cuftos brevium for the king's bench of the proceedings in the feverall terms from the yeare 1635 to 1637.

That thereupon, his faid royall majePcy on the 3d day of May 1637, did order in councell that the attorney genl. be required ; to call for the faid patent and prefent the fame to the board, j and his majefty by his declaration of the 23d of July 1637, in ; the 13th yeare of his reigne declared his royal pleafure for j eftablifhing a generall government inhia territory of New-Eng- land for the prevention of the evils that otherwife might enfiie for default thereof, thereby declaring Sr Ferdinando Gorges to be governor generall of the whole country and requiring all perfons to give theire obediance accordingly.

That the warrs and troubles immediately enfueing in Scot- land and prefently after here in England did hinder his faid majefty from fettling that country or profecuting the right which he intended his fubjefts, however the proceedings of his majefty caufcd fome reftraint to the further violences and op- preffions of the faid Maffachufetts, and they conteyned them- felves for a time within their pretended bounds but noe fooner was that king of bleffed memory your royal father become a facrifice but they renewed theire former violences by oppref- fmg all the other colonies and defigneing by encouragement from fome in England to ereft themfelves into a common- wealth, and In order to lay a foundation for this power and dominion which they now afpired unto they thought it necef- fary to extend theire bounds and fpread into a larger territory then as yet they had ufurped, and that this work might not be done without a m.aflc or color of right they do In an affembly held at Bofton the 19th of odober 1652, ferioufly perufe the grant (which had been procured as aforefd.) and therein weighing the words and trying what new fence they might beare more futeable to theire Increafe of power, they tho't fit nt length to declare themfelves miftaken In what they had done In the year 1631, when they eredlcd bound-houfes and had for foe many yeares confined themfelves thereunto, whereas now by the help of an Imaginary line or rather by a n«w reafon of

ftate

APPENDIX.

XXl

ftate there is a fence impofedhy thenifelves upon theirs oivK nuorJs, and they ftretch their rights to neer two hundred miles of land northward and as much fouthward more than they were fatis- fied withal before, fwallowing up your majelly's petitioner as well as others whofe properties were eftabliflied long before the faid people had any being. And that they might give execution to this righteous fentence they prefcntly invade and by force of arvis fei^ie upon the province of Nevj-Haiiipfmre, and other lands of right btlonging to your petitioner, beiiJes what they did to others, compelling the inhabitants to Avear to be true ta them and to cafi: off their lawful lords, and fuch as re- fufed were either ruined, baniflied or imprifoned, and any ap- peales to England utterly denied unto them, then they proceed to coining of money with their owne imprefs, railing the c<jine of England, and acting in all matters in a moll abfolute and arbitrary way. And although your petitioner by his accent Jofeph Mafon did demand rcJrcfs of the general court of Maf- fachufetts letting at Bollon in 1652, offering to make out the right and title of your petitioner to the province of New- Hampdiire and other lands againll all perfons whatfoever, yet noe reftitution could be obtayned without a fubmifiion to their authority, and to hold the lands from them which the petitio- ner then did rcfufe and hath alwaies refnfed chuiing rather to wait for more happy times wh'erein to expeft reliefe then by a legall refignation of his rights to thofe who had none at all divert, himlelf of what his ancertors had purchafed at foe deare a rate: Your petitioner having as caquall a right to the govern- ment in the faid province as he hath to the land itfelf, all which appears by a report made to your majefty the 15th of February 1661, when your petitioner firlt expofed to your majefty the oppreffions under which he had lo long groaned, in the evil times, and which grieves him now much more to beare while hee has the protection of foe juft and gracious a foveraig'ne to refort unto.

Wherefore your petitioner moft humbly implores your ma- jefty to take notice, that (by a plaine difcovery of what fraud in the beginning and the length of troubled times has helped to conceale) the l>ortoners have noe patent of incorporation at all, that yet they have under colour of right and authority from the crown devoured your petitioner and other proprietors whofe titles are by your majeity's learned councell allowed as ftrong as the law can make them.

That all waies have been tryed and methods ufed to ohteyn juftice from the Boftoners, but all have proved inedetSual!,

that.

xxll APPENDIX.

tliat your petitioners loffes have been foe many and great, and his fufferings foe continued that he cannot any longer fupport the burthen of them. And when your majefty will but con- fider how fmall the refpeft has been wherewith thofe people have treated your majefty fince your happy reftauration, and what daily breaches are by them made upon your majefty's ads of navigation, which turnes fo greatly to the detriment of this kingdome in generall, thefe lofl'es and fufferings of a particular fubjedl cannot much be queftioned, foe that your petitioner humbly hopes that your majefty will think it high time to ft:retch forth your royall hand of juftice to affift your petitioner, that hee may have the quiet pofl^eflion of his province, and re- paration made him for the lofles fufteyned, in fuch ways and methods as the importance of the cafe requires, and your ma- jefty in your royall wifdome ftiall think moft fitt.

And your petitioner ftiall ever pray.

ROB. MASON. \_From a copy in the pojfdffion of the IVLafonian proprietors r\

XIV.

A brief declaration of the right and claim of the governour and company of the Maflachufetts Bay in New-England, to the lands now in their pofleflion, but pretended to by Mr. Gorge and Mr. MafoH, together with an anfwer to their fcveral pleas and complaints ix\. their petitions exhibited : Humbly prefented and fubmitted by the faid governour and compa- ny to the king's moft excellent majefty, as their defence. IN the yeare of our Lord 1628, in the third yeare of his late majefty Charles the firft, of happy memory, feveral loyal and pioufly difpofed gentlemen obtained of the great council of New-England, a grant of a certain traft of land lying in New-England, defcribed and bounded as therein expreffed ; which was in all refpects fairly and openly procured and with fo good an intent of propagating the gofpel among the natives, and to advance the honour and dignity of his late majefty, of happy memory, that they were bold to fupplicate his faid ma- jefty to fuperadd his royal confirmation thereto, which ac- cordingly in an ample royal charter was paffed and remains under the broad feal of England, March the 4th 1629, in the fourth year of his majefties reign, with further additions and enlargements well becoming fo royal a majefty, and fuitablc for the encouragement of fo hazardous and chargjeable an ad- venture. In purfuance whereof many of the faid patentees and other adventurers tranfportcd themfelves and eftates and fettled

iu

APPENDIX.

xxm

I

in the raoft known and accommodable parts of thofe lands con- tained in the faid charter, neither time., eftate, nor power fuf- fering them fpeedily to furvey the jull extent of their limits. Not many years different in time fevera! ethers alfo of his ma- jefty's fiibjects obtained other grants, and made feveral fettle- ments in the more northern and eafterne parts of the country, with whom for feveral years we had neighbourly correfpond- ence, being as they fuppofed without the limits of our patent, ^mongft whom the prefent claimers and petitioners were. Thefe grants partly by reafon of the fmallnefs of fome of them, and partly by reafon of darhe involv'd and dubious expreffiou of their limits, brought the inhabitants under many intangle- iTients and difTatisfatlions among themfelves, which there being no fettled authority to be applied to, being deferted and for- faken of all fuch as by virtue of faid grants did claim jurifdic- tion over them and had made a fuccefslcfs effay for the fettle- ment of government among them proved of fome continuance, unto the great difquiet and difturbance of thofe his majeliy's fubjefts that were peaceable and well difpofed amongft them ; to remedy which uiconvenience they betook themfelves to the way of combinations for government, but by experience found it incffciilual. In this time ignorance of the northerly running of Merrimack river hindred our adtual claim and extention of government, yet at length being moie fully fettled, and bav- ins^ obtained further acquaintance and correfpondency with the Indians pofieffing the uppermoft parts of that rivre en- couraging an adventure, as alfo frequent follicitations from the mod confiderable inhabitants of thofe eafcern parts earneftly defiring us to make proofe of and afcertain our interelt, we imployed the moft approved artlfts that could be obtained, who upon their folemn oaths made returns, That upon their certain obfeivatlon our northcm patent line did extend fo far north as to tr^ke in all thofe towns and places which we now poffcfs; which when the inhabitants as well as our felves w^re fatisiied in (urfed alfo with the neceffity of government a- mongll them) thty peaceal>ly and voluntarily fubmitted to the eovernment of the Maffachufetts, (viz,.) Dover, Squamfcot and Portfmouth anno 1^141, Kittery, York and Wells anno 1652 and 16153, f''°'^i which times until the year .'663, when there was a fmall inteiruption by a letter of Mr. Gorge, and after- wards in the year 1665, (when his majcftyes commiflioners. Colonel Nichols and others came over) the inhabitants of thofe parts lived well fatisfied and uninterrupted under the MafTa- chufets government. But then the faid commiiT;on;rs neither

c c regarding

xxlv APPENDIX.

regarding the MafTachufets jufl: right nor the claims of Mr. Gore;e and Mr. Mafon, fettled a new forme of government there, but this hardly outlived their departure, the people im- ■ atient of innovations, and well experienced and fatisfied irt their former fettleraent, quickly and quietly returned to order again and fo continue unto this time. This is in a few words the true ftate of the matter ; for the further illuilration where- of and juftification of our proceedings therein and vindication of our felves from the reproachful imputation of ufurping au- thority over his majefties fubjedls in the eafterne parts pretend- ed to, with other fcandals caft upon us by the petitioners, we humbly prefent the following pleas by way of demonftration, and argue that our extenfion of government to thofe eaftern parts claimed is agreeable to our indubitable patent right ; our patent according to the expreis terme therein contained with- out any ambiguity or colour of other interpretation, lyes be- tnjoeen tino eajt and nuefi paralel lines dranvn from the rnofi fouth' erly part of Charles river and the niojl northerly part of Merri- viack, 'With three miles advantage upon each, which upon the obfervation of men of approved and undoubted truth upon oath, are found diftaiit one degree and forty nine minutes north la- titude, being to extend in full latitude and breadth from feato fea (ut in terminis) ar.d therefore cannot be bounded by many hundreds or infinite numbers of lines, as the river of Merri- mack maketh bends or angles in two hundred miles paflage from Winipelioke lake to the mouth thereof, which to ima- srine, as it is irrationul fo would it involve us and any borderer into fo many inextricable difputes as arc by no wayes to be admitted by a prince feeking his fubjefts peace. Befides were fuch a conllruftion allowable (which with uttermoft ilrcining is) yet all favourable interpretation is to be offered the paten- tees by the gracious expreffion of the charter. Now accord- ing to the afore mentioned obfervation (fo confirmed) all thofe caltern plantations challenged by our opponents (ut fupra) are comprehended v.'ithin our northerly line. We deny not but the artiits of their felves, and if anyqueftion thence arife we feare not to fubmit to tryal to the moll exaft and rigorous teft that may be. The invincible flrength of this our firfl: plea may further appear by the confideration of the frivolous and infig- nificant allegations of the petitioners in oppofition thereunto, viz. ift. The nonextention of our line or affertion of our right to thofe eaftern parts for fomc years, ignorance as our cafe was circumftanced debarring no man of his juft right, neither can It reafonably be fuppofed that the exadl furvey of fo large a

ffrant

APPENDIX. i'i¥

grant in fo hideous a wiidernefs pofiefTed by an enemy would be the vvorke of a few years, our own poverty not affording means, and our weaknefs (allowing no deep adventure into the country) permitting us not to view the favourable running of the river, which none can imagine altered its courfe by our delay ; we may as well be deprived of far more then we polTefs or ever faw on our weftern parts to the fouth fea (which none will deny) becaufe we have not furveyed it or are foon like to be able, as be taken from our northern right fo obvious to the meaneft artilt.

2d!y. The PolTeffion-houfe in Hampton, of To little figniu- cation and fo long fince difufed, that Mr. Mafon hath forgot the name thereof and calkth it Bound-houfe, eredled to give the world to know that we claimed confiderably to the north- ward of our then habitations upon the bay, though we did not know the utterraoft extent of our right, our fathers not being fo ignorant of the law of the realme to which they did apper- tain as to fuppofe the taking; pofleflion of part did debar them of the remainder but the contrary ; and we challenge Mr. Ma- fon or any on his behalfe, promifing our records fhall be open to the moll fcrutinous fearch to prove it, either called or intend- ed according to his abufe there(>f.

3dly. That notorious fallhood of ftretching our nght to near four hundred miles north and fouth more then formerly we were fatisfied with, our whole breadth being but one hun- dred and nine mile, which is not much more then a quarter part of what he would have the world believe our new claime and (as he would infinuate) ufurped territory doth contain, arifing (we would charitably believe) partly from ignorance of the coailing of the country, Mr, Mafon accounting- by the fea-fide, and we fuppofe coafting in the meafurc of every har- bour and cove to make up that calculation, which lies much of it due eaft and not to the north, but we fear malevolently fuggefted (as many other things as of little credit) to intro- duce into his majeltie his royal breaft a beliefc that we arc un- reafonable in our pretentions, and fo unworthy of his majefties favour, which we hope fuch unlawful endeavours will never be fo profperous as to obtain. What may be further added to this our flrft plea, may be fupplled from the reafons formerly prefented. We urge fecondly. The invalidity of thofe grants pretended to by the petitioners, which are of two forts; ift. Such as beare date after ours, which we fee no reafon to feare any interruption from. Secondly, Such as arc pretended tci bear date before ours, againft which we objecl that they ara c c 2 "ot

%xii A P ? E N D I X.

not authentick, wanting a fufficient number of grantors to make them fo, none of them as we prefume will appeare upon tryal having above fix hands and feals annexed to them, tha faid council of New-England eonfifting of forty, and his ma- jeftys grant to them txprefsly requiring (as we are informed)' feven at the leaft to figne to make any valid a£l j and indeed Mr. Mafon's own often unwearied renewal of his grants in 1621, lixteen hundred twenty two, fixteen hundred twenty nine and 1635, (as he faiih) tacitly confeffeth the fame invalidity, in the former puting him to charge for the latter, till at laft he fell into fuch a trade of obtaining grants that his laft and moft con- fiderable was fix years after the grant of our charter from his majefty, and but three dayes before the faid council's declara- tion of their abfolute refolution to refign, and but a few days before their aftual furrender, as he afferts ; which of what va- lue and confideration it is from the faid council's circumftanced under a neceffity of rcfignation of their great charter, procur- ed rather by the clamour of fuch ill affected perfons as the pre- fent complaint than by any true accompt of diflettlement or ill management here, is net difficult to judge. Hence it appears, firit, how little reafon Mr. Mafon hath to brand us with fraud or furreptitioufncffa in obtaining our charter ; which hath moft fliew of fraud and furreptitious procuration, a fufficient num- ber of thofe honble perfons fubfcribing ours and fewer his pre- tended antidated grants, is cafie to determine. In which af- fertion is to be obferved the high reflexion caft upon the mem- bers of his late majefty and minifters of ftate, gronndlefsly rendring the council's feal, yea the great feal of Englands ex- pofed to fraud and deceitful clandeftine practices ; )'ea upot> his prefcnt majefty, infinuating himfelfe better acquainted with matters of ftate then he who allows and eonfirmes oar grant as authentick by his gracious letter of fixteen hundred fixty two, which intolerable boldnefs how unbecoming (not to fay more) in a fubjedt, it is not eafie for us to fay. To all which we may add Sr Ferdinando Gorges application to the authority here to interpofe in his afFair, which he, being one of the great council, would have been far from acknowledging, had Mr. Mafoii'fa allegations been foutnled upon truth.

Secondly, That articles of charge depending upon fuch il- legal and poft dated grants cannot take place againft us were their dIftDurfe as great as it is affirmed, which by eye witneifes upon the place and ftil living, are proved comparitively very jnconfiderable.

jdly. We affirme that the whole management of the aff"air

i-efpeding

APPENDIX. xxvii

re'fpefting our government of thofe eaflern parts was in an or- <Serly and peaceable way, and not without tlie reiterated ^nd €arneft follicltation of moll of the people there inhabiting, fuf- ficiently appearing by their feveral petitions ; and we chal- lenge Mr. Gorg-e and Mr. Mafon by any living evidence or re- cord to fhew any iigne ofaforceable entrance: Some majiftrates upon the clearing of our right to them and acceptance of the tLMider of themfelves to us, being fent thither without any o- ther force than each of them a fervant to attend them. Indeed fome years after Capt. Boniton for mutinous carriage was feiz,- <d and brought to jullice ; concerning which and many other cafes raa-Jiy inhabitants yet living and eye wittneffes can give the moil impartial evidences.

4thly. We offer to confideration that the deferted and un- govern'd flate of the people of thofe places had we not had that patent right fo clearly evinced, might warrant our aftions; efpecially confidering the obligation upon us to fecure his ma- jefly's honour and maintain the publick peace, fo hazarded by the total want of government amongft them. Our firfl: exer- cife of jurildidlion being in the year 1641, eight year after Capt. Neale, agent for Mr. Mafon, had wholy deferted the improvement of land and the government of the country, which indeed he never ufed but one year, for in the year 1630 he firft came over, and in the year 1634 he quitted the place ; and in the interim neglefted the fame in pj^king a voyage for Eng- land, the fliort time of his tarriance not admitting of fettle- ment of government or improvement. We may hereto fu'bjoin that Mr. Jofeph Mafon, agent for Mrs. Ann Mafon, when here and all things were frefh in memory, made no demand contrary to what is affirmed, but petitioned our juftice againfl his debtors there and elfewhere, and that Sr Ferdinando Gorges his grant being fo mean and uncertainly bounded that he knew not well how to find much lefs to improve to confi-

derable advantage^ by his letter bearing date doth

devolve the whole charge and care of his pretended province upon the authority here eftablifhed. Laftly, That the exer- cife of jiirifdiftion in thofe eaflern parts hath been and is his rnajefty's honour, the people's great benefit, and our charge without profit, which had it not been, the ruine of thofe parts v/ould have unavoidably enfued in the want of all government, and their feizure by the French, who ever v/aited a f^t oppor- tunity for the fame. They have part of them for thirty five years and others twenty yeares (fome fmall interruption inter- vening producing the Itronger inclination and reiolution in

thena

gcjcvlli APPENDIX.

them to be conftant to his majefties authority here) lived un- der the government of the Maflachufetts a quiet, well ordered and thriving people, And as for any complaint from ill af- ie<?Lsd perfons, it is 'well known that the beil and wife ft go- vernment is not without difquiet from fome fuch ; and no wonder if filly people are foon aftefted with fuch fair glozing promifes as Mr. Mafon hath made and publiflied, as it were determining the cafe before tryal by his lat( letters to the in- habitants in thofe parts, and that our government in thofe places have been no gain is fo unqueftionable a truth that ne- ver was any levy laid upon them for thefupply of the publick treafury, tho' much hath been and is further like to be ex- pended for their fecurity, who otherwife will inevitably become an eafie prey to the heathen now in hofiility with us, and at fhis prefent time rageing in thofe parts.

The before writen is a true copy tranfcribed from the re- cords of the general court of the late colony of the Maffachufetts Bay, held by the governour and com- pany of the faid colony att Bofton, the 6th of Sep- tember, 1676.

ipxamd. per ISA. ADDINGTON, Secry.

No. XV.

At the Court at Whitehall, July 20, T677. /L S.) Prefent the King's moft excellent Majefty. Xiord Chancellor, E. of Craven,

Ld Treafurer, Ld Bp of London,

Ld Privy Seal, Ld Maynard,

Duke of Ormond, Ld Berkley,

Marquis of Worcefler, Mr. Vice Chamberlain,

Ld Chamberlain, Mr. Secy Coventry,

Earl of Northampton, Mr. Secy Williamfon,

Earl of Peterborough, Mr. Chancellor of the Ex-

Earl of Stratford, chequer,

E. of Sunderland, Mailer of the ordnance,

E. of Bath, Mr. Speaker.

WHEREAS the right honourable the lords of the com- mittee for trade and plantations, did in purfuance of. an order of the 7th of February laft make report to the board, of the matters in controverfy between the corporation of the Maffachufettb Bay in New-England, and Mr, Mafon and Mr. Gorges touching the right of foil and government, claimed by the faid parties in certain lands there, by virtue of feveral grants from his majefty's royal father and grandfather as fol- lowetb, in thefe v/ords. , May

APPENDIX.

XXtX

May it pleafe your majefly,

Having received your majefty's order In council ot the 7th of February lall paft, whereby we are directed to enter into the examination of the bounds and limits which the corpora- tion of the MafTachufetts Bay in N. E. on the one hand, and Mr. Mafon and Mr. Gorges on the other, do pretend by their feveral grants and patents to have been afligned unto them, as alfo to examine the patents and charters which are infilled on by either lide, in order to find out and fettle how far the rights of foil and government do belong unto any of them. In con- fideration whereof the lords chief juflices of your majeily's courts of king's bench and common pleas were appointed to give us their affillance, we did on the 5th of April iall toge- ther with the faid lords chief juftices meet in obedience to your majefty'd commands, and having heard both parties by their council learned in the law, we did recommend unto their lord- fhips to receive a ftate of the^clairas made by both parties, and to return their opinions upon the whole matter unto us, which their lordfhlps hav^ accordingly performed in the words fol- lowing :

In obedience to your lordfii'ps order we appointed a day for the hearing of all parties, and confidering the matters referred, having received from them fuch papers of their cafes as they were pleafed to delivf r ; at which time all parties appearing, the refpondents did difclaim title to the lands claimed by the petitioners, and it appeared to us that the faid lands are in the pofftflion of feveral other perfons not before us, whereupon we thought not fit to examine any claims to the faid lands, it be- ing (in our opinion) improper to judge of any title of land without hearing of the ter-tenants or fome other perfons on their behalf; and if there be any courfe of jufcice upon the place having jurifdiftion, we eibeem it moil proper to diredl the parties to have recourfe thither for the decifion of any queftion of property until it fiiall appear that there is jullcaufe of complaint againil the courts of jullice there for injultice or grievance.

We did in the prefence of faid parties examine their feveral claims to the government, ?,nd the petitioners having waved the pretence of a grant of government from the council of Plymouth, wherein they were convinced by their own council that no fuch power or jurifdiftion could be transferred or af- fio-ned by any colour of law ; the queftion was reduced to the province of Maine, whereto the petitioner Gorges made his title by a grant from king Charles the firft, in the 15th year

9^

I

XXX

APPENDIX.

of his rei'c^n, made to Sir Ferd. Gorges and his heirs of the province of Maine and the government thereof. In anfvverto this the relpondents alledged that long before, viz,, in quarto Caroli prirai, the governraent was granted to them, and pro- duced copies of letters patents wherein it is recited that the council of Plymoutli having granted to certain pcrfons a ter- ritory thus defcribed, viz. " all that part of New-England in •' America which lies and extends between a great river that " is commonly called Monomack alias Merrimack, and a cer- *' tain other river there called Charles river, being in the bot- " tom of a certain bay there called the Malfachufetts Bay, and " alfo all and fingular the lands and hereditaments whatioever *' lying and being within the fpace of three Englifli miles on *' the fouth part of the faid Charles river, or any or every part *' thereof; and aifo all and fingular the lands and hereditaments " \vli«tfoever lying and being within the fpace of three Eng- *' glifh miles to the fouthermoil: part of the faid bay called *' Maflachufetts Bay; and all taofe lands and hereditaments " whatfoever which \_lis~\ within the fpace of three Englilh ♦' miles to the northward of the faid river called Monomack " alias Merrimack, or the northward of any and every part " thereof: and all lands and hereditaments whatfoever lying *' within the limits aforefaid, north and fouth in latitude and " breadth, and in length and longitude of and within all the " breadth aforefaid throughout the main lands there, from the " Atlantic and Wellern lea and ocean on the eaft part to the *' South lea on the well." By the faid letters patents the king coniirmed that grant, made them a corporation, and gave them power to make laws for the governing of the lands and the people therein. To which it was replied that the patent of 4 "-* Caroli primi is invalid, 1 1) Becaufe there was a precedent grant, i8 ° Jacobi, of the fame thing then in being, which . patent was furrendered afterwards and before the date of the other, 15 ° Car. primi. (2) The grant of the government can extend no farther than the owncrfhip of the foil, the bound- aries of which as recited in that patent wholly excludes the province of Maine, which lies northward more than three miles beyond the river Merrimack.

We having coniidered thefe matters do humbly conceive as to the firft matter, that the patent of 4° Caroli i^i is good notwithftanding the grant made in the 18 ° Jac: for it appear- ed to us by the recital in the patent 4 ° Caroli i^i that the council of Plymouth had granted away all their intereft in the Jands the year before, and it mufl be prefumed they then da- ■ ' • ' • fertec^

APPENDIX. xjixl

ferted tlie government; whereupon it was lawful and necefi^ry for the king to ellabliih a fuitable frame of government, ac- cording to his royal wifdom, which was done by that pat'^nt, 4 O Carol i imi making the adventurers a corporation unon the place. As to the fecond matter it feems to us to be very- clear that the grant of the government 4° Caroli imi extends no farther than the boundaries cxprefled in the patent, and thofe boundaries cannot be conftrucd to extend further north- wards along the river Merrimack than three Englifh miles, for the north and fouth bounds of the lands granted fq far as the river extends are to follow the courfe of the rivers which make the breadth of the grant, the words defcribing the length to cortiprehend all the lands from the Atlantic ocean to the South f<:a of and in all the breadth aforefaid, do not warrant the over reaching thofe bounds by io^aginary lines or bounds, other -expofitlon would (in our humble opinion) be unreafonable and againft the interelt of the grant. The words " of and in all the breadth aforefaid" fhew that the breadth was not intended an imaginary line of breadth, laid upon the bro:ideft part but the breadth refpefting the continuance of the boundaries by the river as far as the rivers go, but when the known boun- dary of breadth determines it muft be carried on by imaginary lines to the South fea. And if the province of Maine lies more northerly than three Englilh miles from the river Merrimack, the patent of 4 ^ Caroli imi gives no right to govern there, and thereupon the patent of the fame 15 '^ Car. imi to the petitioner Gorges will be valid. So that upon the whole matter we are hum- bly of opinion as to the power of government, that the refpond- cnts, the Maffachufctts and their fucceffors, by theirpatentof 4 '^ martis 4° Caroli imi have fuch right of government as is granted them by the fame patent within the boundaries of their lands exprelTed therein, according to fuch defcription and expofiti- on as we have thereof made as aforefaid, and the petitioner Sir Ferdinando Gorges his heirs and afligns by the patent 3d April, have fuch right of government as is granted them by the fame patent within \jhe territory^ called the province of Mainp according to the boundaries of the fame exprcifed in the fame patent. Ri. Rainsford, Fra. North.

All which being the opinion of the lords chief juilices, and fully agreeing with what we have to report unto your majefty upon the whole matter referred unto us by the faid order, we iiumbly fubinit the determination thereof unto your majelly. Anglefey, Craven, J. Williaiufon,

Ormond, H. London, Tho. Chickley, Bath, G. Carteret, Edw. Seymour.

Which

xxxll APPENDIX.

Which having been read at the board the i8th inrtant, it \vas then ordered that the faid Mr. Mafon and Mr. Gorgjes, a.s alfo that the aQ;cnts of the corporation of the MafTachufetts Bay fliouM be this day heard upon the faid report, if they had any objeftions to make thereunto. In purfuance whereof all parties attending with their council), who not alledging any thing fo material as to prevail with his majefty and the board to differ in judgment from the faid report ; his majefty was thereupon pleafed to approve of and confirm the fame, and did order that all parties do acquiefce therein, and contribute what lies in them to the punctual and due performance of the faid report, as there fhall be occafion.

JOHN NICHOLAS.

A'. B. 1 he ahove paper of <whlch the copy is attefled hy Ediv. Rwjjjon fecretary of JMaJfachufetts, and John Penhatlonv clerk of the fuperior court of Ne'w-Ha}upfl:iire, is in the fdes of the faid fuperior court, and in the Mafonian proprietary office.

No. XVI. Cop^y of that part of P refident Cutis' s commijjion in nvhich ths

claim of Robert Mafon is recited. " AND whereas the inhabitants of faid province of New- Jt\. Hampfhire have many of them been long in poffeffion of feveral quantities of lands, and are faid to have made confide- vable improvements thereupon, having no other title for the fame than what has been derived from the o^overnment of the Maffa- chufetts Bay, in virtue of their imaginary line; which title, as it hath by the opinion of our judges in England been al- together fet afide, fo the agents from the faid colony have con- quently difowned any right either in the foil or government thereof, from the three mile line aforefaid ; and it appearing to us that the anceftors of Robert Mafon Efq. obtained grants from our great council of Plymouth for the trail of land afore- Jaid, and were at very great expence upon the fame until moleft- cd and finally driven out, which hath occafioned a lafting com- plaint for jufhice by the faid Robert Mafon ever fince our refto- ration. However to prevent in this cafe any unreafonable de- mands which might be made by the faid Robert Mafon for the right he claimsth in the faid foil, we have obliged the faid Ro- bert Mafon under his hand and feal that he will dem.and nothing for the time paft untill the 24th of June laft pafi, nor moleft ?ny in their poffefllons for the time to come, but will make out titles to them and their heirs forever, provided they will pay to him upon a fair agreement in lieu of all other rents fixpen.ce in

the

APPENDIX.

xxsm

the pound according to the judand true yearly value of allhouies builtby themandofall lands, whether gardens, orchards, arable, ro pafture, which have been improved by them, which he will agree fhall be bounded out unto every of the parties concerned, and that the refidue may remain unto himfelf to be difpofed of for his bed advantage.

" But if notwithiianding this overture from the faid Robert Mafon which feemeth to be fair unto us, ^ny of the inhabitants of the faid province of New-Hampfliire fhall refufe to agree with the agents of the faid Robert Mafon upon the terms afore- faid, our will and pleafure is, that the prefident and council ot New-Hampihire aforefaid for the time being fliall have power and are hereby impowered to interpofe and reconcile all differ- ence? if they can that fhall or may arife between the laid Ro- bert Mafon and the faid inhabitants, but if they cannot then we do hereby command and require the faid prefident and council to fend into England fuch cafes fairely and impartially itated, together with their own opinions upon fuch cafes, that we, our heirs and fucceffors, by and with the advice of our and their privy council may determine therein according to equity."

jV. B. The fame (mutatis mutaiidis) is tnfertcd in Cratt' field's commijfion.

No. XVII. To his moil excellent majefly Charles the 2d, by the grace of God, of England, Scotland, France and Ireland, king, defender of the faith, &c. The humble addrefs and petition of the prefident and counclll of his majefty's province of New-Hampfliire, in N. England, Humbly fheweth,

THAT it having pleafed your moft excellent majefly to feperate us the inhabitants of this province from that fhadow of your majefty's authority and government under which v/ee had long found proteftion, efpecially in the late war with the barbarous natives, who (thro' divine proteftion) proved a heavy fcourge to us, and had certainly been the ruin of thefe poor weake plantacons, (being few in number and o- therwales being under great difadvantages) if our brethren and neighbours had not cut of pity and compaffion ftretched forth their helping hand, and with their blood and treafurc defended us, our lives, and ellates ; neverthelefs upon the re- ceipt of your majefty's pleafure delivered by Edward Randolph, efq. upon the lirft of January laft, direfling unto and command- ing the eredling of a new government in and over thefe four ' > ' townes

sxxIt appendix..

townes (tlie government of the Maflatufetts yielding readie o- Jjedlence to yuur majefly's commandsi with reference to our re- lation formerly to them) altho' deeply feniible of the difad- yantages likely to accrew to your majelly's provinces and oiir- felves more cfpecially, by the multiplying of fmall and weake governments unfit, either for ofFence or defence, (the union of ihefe neicrhbour collonnyes, having been more than a little in- ftrumental in our prefervation.) Wee have taken the oathes prefcribed us by your majefly, and adminiftered to your fub- jefts ofthefe four townes the oath of allegiance, and convened a general affembly for regulating the common affaires of the people and making of fuch laws as may be of more peculiar ufe to ourfelves, having fpeciail regard to the afts for trade and navigation fct forth in the booke of rates commonly print' cd and fold, ajidiffume ohJiriiBion occationed by fuch as niaki greate pretences of your majefly s javour and authority had not hindered "fitt might have brought matters to a greater maturity, yet hope to perfeft fomething by the iirft opportunity of (hip- ping from hence, but feared it might be- too long to defer our humble acknowledgment of your majelly's grace and favour in cpmmitting the power into f'.ich hands as it pleafed your ma- iefty to nomynate, not impofing ftrangers upon us, and it much comforts us againft any pretended claimers to our foil or any malevolent [pirits which may mifreprefent us (as they have done others) unto your majefty or honourable council), while Jjelide the knowne laws of the realm, and the undoubted right of Engiiili men, wee have the favour of a gracious prince to fly to. We do therefore moft humbly begg the continuance of your majefly's royal! favour and proteflion, without which wee are dayly liable to difturbance if not mine.

And as in duty bound wee (hall humbly pray, &c. March 29, 1680.

No, XVIII. To the kings moll excellent majeflie. TEE the prelident and councill of your province of New-Hampfliire having (according to the royal plea- fure) given an account of our alleigiance and obfervance of your coraaiifTion by Mr Jowjes in March lafl, and therefore fhall not give you the trouble of repetition. According to your ma- jtfly's command, wee have with our general aflembly been con- sidering of fuch laws and orders, as doe by divine favor preferve the peace and are to the fatistadtion of your majelly's good fub- j.eds here, in all v/hich wee have had a fpeciail regard to the

ilatute

APPENDIX. XXXV

flatute book your majefty was pleafed to honor us with, for which together with the feale of your province, wee returue moflrhurable and hearty thanks; but fuch has been the hurry of our neceiTary cccafions and fuch is the fliortnefs of the fomer, (the only feafon to prepare for a long winter,) that wee have not been capeable of fitting folonj as to frame and linifli ought that we judge worthie to be prefcnted to your royal view, but (hall as in duty bound give as fpeedy a difpatch to the aifare as wee may. In the mean time your fubjefts are at quiet un- der the Ihadow of your gracious protection, fearing no dijlurh- ance iinlefs hy fome pretended clahners to our foil, whom we trui't your majefty 's clemencie and equity will guard us from injury by; and ccnjidering the purchaijs of our Im^ds from the heathens the natural proprietors thereof, and our long quiet pofefton not interrupted by any legall claime, our defence of it againfi the barbarous adverfary by our li-jes and ejlates, 'wee are encouraged that nuee Jloall he maintained in our free enjoyment of the fatne^ •without being tennants to thofs ivho can f?i'w no fuch title there- unto. Further wee doe gratefully acknowledge the marke of your princely favor in fending us your royal effigies and ira- periall armes, and lament when wee thinke that they are (thro' the lofs of the Hiip) mifcarried by the way. And feeing your majefty is gracioufly pleafed to licence us to crave what may conduce to the better promoting of our weal and your majefty'& authority, wee would humbly fiiggeil nuhether the all^nuance of appeales mentioned in the com?/iiJJion may not prove a great occaft- on hy Jtieanes of malignant fpirits for the ohfrufiing. ofjujTice among us. There are alfo fundry other things that a little time andexperience maymore evidently difcovcr a great convenience, in which upon the contineuance of the fame liberty from your majefty wee ftiall with like humililie prefent. Thus craving a favourable eonftruction of what is above luggefted and praying for yo-ur majefty's long and profperous reigne, begging ailo- the contineuance of your majefty's favor, out of which, if any of our adverfarys under a pretence of loyalty or zeale for your majefty 's interift ihould endeavor to ejeft us, wee hope upoiv liberty granted us to fpeak for ourfelves, wee ihall aboundantly dem.onftrate that wee doe truly and ftncerely fubfcribe.

Your majefty's moft loyall and dutiful fubjefts. JOHN CUTT, Prefident with the confent of the councill.

Portfmo'Uth, in the Provlnceof

New-Hamnfliiie, June ii, 1680.-

No. XIX,

sxxvi APPENDIX.

No. XIX. Copy of the Mandamus ly luhich Robert Mafon, JEfq. ixias ad' mitted to a feat in the council, Dec. 30, i6tio. Trufty and well beloved^ We greet you wel.

WHEREAS we have thought it fit to take into our fpecial care and proteftion our province of New- Hampfnire and provide for its profperity and good government and the fettlement of the eftates and poiTeilions of our good fabjedts there. And that_/ir the avoiding anyfuits or contenti- ons in matters of title, and the determining any demands which might be made by our wel beloved fubjeft Robert Mafon, Efq. as proprietor under us of that province by vertu of a grant de- rived from our royal grandfather King James under the great feul of England*: Wee have fo compofed all matters with him that for the time paft until the 24th day of June 1679, he fhall not claim or demand any rent, dues, or arrears whatfoevet: And for the future he, his heirs or affigns (hall receive only fix pence in the pound yearly of every tenant by way of quit rent, according to the true and juft yearly valu of what is improved by any of the inhabitants; as is more fully expreficd in our commiffion under our great feal, bearing date the )8th day of September in the 3 i Ih year of our raign. And whereas the faid Robert Mafon hath humbly fignified to us that he is preparing to tranfport himfelf, for the taking care of his affairs and in- tereft in the faid province, and for the giving a fecure and le- gal confirmation of the eltates of fuch perfons as are now in poiTeffion but 'without any right or legal title to the fame. And he being a perfon whom wee have efteemed ufeful to our fer- vice, as he is chiefly concerned in the welfare of that our pro- vince; wee have further thought fit to conflitute and appoint him to be one of our council therein, and we do hereby order and require you our prefident and council!, that immediately after his arrival you do admit him one of our council of our provipxe of New-Hampfliire, he firfl taking the oaths mention- ed in our faid commifTion. And we do further require you and liim, that you do betake yourfelves to fuch difcreet and equit- able ways and methods in your proceedings, agreements and ftttlements for the future, that there may be no occafion of <:omplaint to our royal perfon and authority here. We being refolved to difcountenance all fuch as fhall wilfully or unne- cefTarily avoid or delay your fubmitting to thofe determinati- ons which may be reafonably decreed according to juftice and good confcience. Which you are to fignify to all our good iubjefts within our faid province that they may govern them-

felveii * This mud mean the charter to the council of Flymoitth.

APPENDIX. xxxvH

felves accordingly. And fo we bid you heartily farewell. Given at our court at Newmarket the firit day of Octobfr 1680, in the two and thirtieth year of our raign.

By his majeftv's command, SUNDERLAND. To our trufty and well beloved the prefident and council 7 of Qur province of New-Hampihire in New-England. 5

No. XX.

Anfwer to the claim made by Mr. Mafon to the boufss and lafids

of Ncnij-Ha7iipfloire. ^hi Mr. Wearis hand luriting, but ^without date orfignature.~\

IT does not legally appear that Mr. Mafon can lay any juiL claime to any of the lands in New-Hampfhire, for what right he pretends is either derived from Capt. Jno. Mafon, (whom he fays was his grandfather) or from his majclly's com- miffion : But prefume from neither of thefe has he any right. Not from Capt. Jno. Mafon ; for, ( 1 ) It does not legally ap- pear that ever he had any right to the province ol New-Hamp- fhire. It is true there is a copy of a pattent or deed from the councell of Plymouth, which he brings over without attcftati- on of publiquc notary or any other authority. Beiides in faid coppy there is not the lead intimation of any hand or feale to the originall, and there is two men that fwears this is a tnre coppy of the originall, which plainly demonftrates that tl.e original! is but a blanck; the truth whereof we are the niore conlirmcd in, becaufe it is not rational to imagine that Mr. M<ifon would come from England to profecute a right and not bring with him what he had to make good his claime ; but having nothing but blanck coppies, he could bring no better than he had, which cannot be looked upon as auihen- tique in any court.

(2 ) If it fliould be fuppofed that ever Capt. Jno. Mafon had a right by pattent, yet it does not appear how Robert Tuftou Mafon (as the plantifFe calls himfelf) derives a title from him either as his heir, executor or adminiftrator, or by deed of gift ; all that we can liear in court is that the plantife cal't. himlclt Capt. Mafon's heir.

(3) If the plantifTe or his anceftors ever had a title to the lands he claims by pattent from the councill of Plymouth, yet they have loft it by non ufe, for they never attended the ends of granting patents by king James, of blelled mcniory, in his hynefs pattent to the great councell of Plymouth, which was the peopling of the laud, inlargeing the king's dominions,

propagating

xxxviii APPENDIX.

propagating the gofpel, converfion of the heathen the natlire proprietors, &c. Now the plantife nor anceilors never planted this province nor expended any thing upon it to the uphold- ing of it in peace nor war^ but the prefent inhabitants did ei- ther by themfelves or predeceflbrs, purchafe their pofleffions from the natives, and by their perrhifFion did fit down upon the land and manured, to the vaft expence of above 50 years time in hard labor, and expending upon it their whole eftate. And in the late Indian war did defend it againft the enimy to the lofs of many of their livrs and confiderable part of their eftates, without any afliltance from Mr. Mafon who now clalmes not only what poor people have purchafed and laboured hard upon, but alfo conquered or relived from cruell attempts of the barbarous heathen, and we conceave we were under no ob- ligation to run fuch adventures to make ourfelves flaves to Mr. Mafon.

(4) It does not appear that there was a quorum of the great councell of Plymouth to the making of Capt. Mafon's deed ac- cording to the pattent granted to the great councell of Ply- mouth, which renders his claime unvalide, if ever any thing in that kind was done, which we queftion.

From what is faid we humbly conceave Mr. Mafun has no right from Capt. Jno. Mafon.

And that his majeflie's commiffon does neither give nor con- firme any title to the lands claimed, we prove :

( I ) We humbly conceave that his royal majcfty who is fo prudent a prince and fo lohcitus for the peace of his fubjeAs, would not have left that matter doubtfull to his fubjetts of this province but rather have told us that he had given all the lands to Mr. Mafon, but there is nothing of gift to him in the com- miffion and if his viajejiy had (which we cannot believe he " would) we (liould crave the benefit of the liatute in the 17 ° of Charles the firft^ which fays, No king and councell can alienate lands but by due courfe of law. But wee were never yet heard, and when it comes to legal tryal wee prefume the law of pofieffions will confirm our lands to us, feeing wt have had peacL-able pofieflion joyeares.

( 2 ) If his majefty had given the lands in the province to Mr. Mafon, what can be underllood by that claufe in the commif- fion' That in cafe the inhabitants fhall refufe to agree with Mr. ' Mafon, then the governor fliall interpofe and reconcile all dif- « fcrences if he can, but if hecannot then to fend the cafe, fairely ' ftated to England that his majefty and privy councell might ' determine according to right j' which wee humbly conceave

puts

APPENDIX.

xxxir

|)uts a barr to any legal proceedings until his majefty's mind be further known therein. The inhabitants have offered their reafons to the governor according to commiffion, which he will riot admit of, only did take of one, -viz; Capt. Stileman, and promifed to fend them to England, but we can hear of no anfwer and much fear his negledl.

(3) His majefty in his commiffion fays, ' To prevent un- ' reafonable demands that may be made by Mr. MaTun for the

• right he claimes,' which claime may prove good or bad whea it comes to tryall. We underftand to claime and to have are different things.

(4) His majefty intimates in his roya! commiffion by what title Mr. Mafon does claime, viz. by a grant to his anceftors, ' who improved and poiTelfed the province with great expence,

* until molefted and finally driven out ;' but this province can- not be concluded to be the place he claims until he make thefe circumftances appear, which we are fure he never can doe.

Now Mr. Mafon not producing any original deed for any of the lands of this province, nor authentique copies, the inha- bitants cannot make any compliance with him both becaufe we fee no riqht he ever had, or believing if ever any was he hath mortgadged it already in England, and fo alienated what right he had.

Although upon the former grounds we have good plea againfl Mr. Mafon's claime, yet we did not fee caufe to join iffue, not only becaufe judges and jurors were not qualified according to law, all of them being pickt for efpoufing Mr. Mafon's inte- reft by the governor's order, who has a mortgadge for 2 i yearea from Mr. Mafon for all the lands in the province. But alfo becaufe wee was willing to attend the methods prefcribed by his majelfy in his royal commiffion.

No. XXI. The anfwer of Elias Stileman to the fummons from the honble Edward Cranfield, efq. governor of his majefty's province of N. Hampftiire in N. E. in purfuance of the method which his majefty hath been gratioufly pleafed to prefcribe in his commiffion.

Portfmo. the 15th of November, 1682. May it pleafe your Honor, T N obedience to your comand that I ftiould render a reafon -*■ why I refufe to pay quit-rent unto Robert Mafon, efq. (as ho titles himfelf) for my hoiife and lands, and take deeds from him for the confirming of the fame, I anfwer as followeth :

d 4 litiy. Be«

xl A F F E N D I X.

; Tftly. Becaufe my faid land I bought and paid for. The title unto which is fuccefiivcly derived unto me from thofe that have pofieffed it, without any claime for at kaft thefe 50 yeareSji upon which I have built at my own charge without any in- terruption, and am in the pofTeflion thereof as my owne. As to what is faid in the comiffion concerning Mr. Mafon's pro- prieters, with all due fubmiffion to his majefty, I conceive, it imploys rather his claime than a pofitive determination of his- title.

■zdly. I humbly conceive that being in poflfeffion of what I have bought and built upon, it refls upon the claimer to make; out his title (if he have any by law), begging the favour of an Eiiglirn fubje£t therein, that it may be firll tryed upon the place, according to the. ftatute iaiv and the opinion of his ma- jefty's judges in England, and this before I am liable to pay quit-rent and take deeds of confirmation from him.

jdly. Should Mr. Mafon obtaine his demands, myfelf and the reft of the inhabitants would be undone forever, for then all his granted to him which hee calls commons being out of fence, which yet hath been bounded out by the feveral towns and poffeffed by them for thefe 50 yeares, and improved for the maintainance of their cattle both winter and fnmmer, and for timber aivd fire v.-cod, without which there is no liveing; for us, it being impofiible for us to fubfift upon that which in the commiflion is called gardens, orchards, if he may have the difpofal of the reft. .

4thly. The faid Mafon fpeaks of many thoufands of pounds expended upon the place, which with fubmiffion cannot be made out, and if it could, what then have the poor planters ex- pended in fo many yeares labour iince their firft fitting downe upon it, when they found it an howling wrldernefs and vacuum dotnicilium, belides a great expence of blood and eftate to de- fend it in the late Indian warr, nor can they to this day make both ends meet by all their labour and frugality, and therefore muft needs fink under the exaction of fuch a propriator.

5thly. The land which Mr. Mafon claimes as propriator. is the land on which fuch vaft expence hath been laid out by his grandfather Captain John Mafon, for the peopling of it and the land from whence his faid grandfathers fervants were vio- lently driven out, or expclcd by the inhabitants of the Maffathu- ' fets, but upon this land there was no fuch expence laid out by his grandfather Captain John Mafon for the end aforefaid, nor is this the land from whence any fervants of his faid grand- fatlier were fo expelled, and therefore we that are polTefied of

this

A P !» E N D 1 X. ^ adi

t\iU land are not concerned in his claime, hee hath miftakcft his province and may endeavour to find it fome other where» for here is no fuch place.

6thly. If Mr. Mafon had a patent here, why did he not take poffeffion in the day thereof. If hee virere in poffeffion why did he not keep it Hill: None ever drove him out as he infonns, had hee been once fettled he might to this day have kept it a9 the reft of the inhabitants have done without the lead nulliila* tion, but I am humbly of opinion that if he the faid Mafon or any of his ayres came hither, they only came as many {hip9 did to Newfoundland and to this countrey to make a fifhing voyadge or beaver trade, and that being at an end departed and left their room to the next taker.

This is the fumme of what I have at prefent to anfwer, hum* bly requefting of your honour the ftuting of the cafe, with ycul" opinion thereupon to his majefly as the commifiion directs; and when his majefty fhal! in his wlfdom and jnilice fee meet to order an hearing of the matter in his courts of jud cuture upon the place before a jury of unlnterefted ;nJ indifferent perfons which may be hud out of the neighbouri.ig provincpj (and pofiibly Mr. Mafon may think not attainable in this pro- vince wherein all perfons are concerned,} ashehalh been pleafed to doe by that part of Mr. M;ifon's cla me, which lyes under his majcfty's government of the MalTathufets, I hope to be able upon thefe and other grounds fo far to make out my title as to be held unblameablebcf ire God and man, for not comply ing with n's demands. Or if I fhould iee caufc to appeal to his majefty and honourable counctll that I fhall be put beyond all need of paying quit rt nt to the pretended propriator.

Thus begginge your honour's favour, 1 luhfcribe. Sir, your humble fcrvant,

E. S.

{[The tnxio preceding papers ar^ in the hand of thi honour able Prejtdent I'l^eare.^

No. XXIL

Copjt of an order for the admlnijiration of the facraments, ac»

coriino to the mode of the chinch of England.

At a councel held at Great Illand, December lo, 1683.

By the governor and councel. Ncw-Hamp{h.

IT is hereby required and commanded, that all and fingular the refpefllve minitlers within this province for the time Wing, do from and after the firil day of janua* y ntrxt enTuing,

d d 2 admit

*Hi APPENDIX.

admit all perfons that are of fuitable years and not vltioua zni , fcandalous in their lives, unto the blefled facrament of the Lord's lupper and tlieir children unto baptifm. And if any ' perions fliall defire to receive the facrament of the Lord's fup- " per, or their children to be baptized accordtiig to the liturgy ■ of the cii-urch of England, that it be done accordingly in pur- fuance of the laws of the realm of England, and his majefty's command to the Maflachufetts government. And if any mi- nifter fhall refufe fo to do being thereunto duly required he fhall incurr the penalty of the ftatutes in that cafe made and provided, and the inhabitants are freed from paying any du- ties to the faid minifter.

The aforefaid order was pnblifhed,

R. CHAMBERLAIN, clerk conciU \^T/us papfr is in the council ?ninutesyJecond book.'\

No. XXI IL Cof^y of the information agaiiiji Mr, Moody y 1685'. Nevv-Hampfliire in New-England. To Walter Barefoot, Efq. judge of the court of pleas of the crowne, &c. now fitting at Great Ifland. And to Nathaniel Frier and Henry Green, Efqrs. affiftants.

The information of Jofeph Rayn his majefty\s attorney general for the faid province of New-Hampfhire, againft Jofhua Moody of Portfmouth in the faid province, dark, in his faid majefty's behalfe.

TH E faid Jofeph Rayn informeth, that the abovefaid Jofhu3 Moody being the prefent minifter of the towne of Portfmouth aforefaid, within the dominions of our fovereign lord Charles the fecond king of England, fs by the duty of his place and the laws and ftatHtes^ of the realme of England, (viz. the ftatiite made in the fifth and fixth of king Edward the fixth, and the ftat. of th« firft year of the raign of th? late queen Elizabeth, which is confirmed by the ftatute made in the thirteenth and fourteenth year of the reis;n of our fovereign lord king Charles the fecond} required and commanded to ad- minifter the facrament of the Lord's fupper in fuch manner and foriTve as is fet forth in the book of common prayer and adminiitration c»f the facramenls and other rites and ceremonies of the church of England, and ftiall ufe no other manner or forme then is mentioned and fet forth in the faid book. Ne- verthclcis the faid Jofhua Moody in contempt of the faid laws and ftatutes hath wilfully and obftinately refufed to adminifler the facrament of the Lord's fupper according to the manner

and

APPENDIX. xVilt

and forme fet forth in the faid book of common prayer, unto the honble Edward Cranfield, efq. governor of his majelty's f&id province of Ne\v-Hamp(hire, Robert Mafon,efq. proprie- tor, and John Hinks, efq. of the faid province; and doth ob- ftioately and vvilh'^ully ufe fome other forme then is by the faid ftatutes ordained, contrary to the forme thereof: Therefore the faid Jofeph Rayn in behalf of our fovereign lord the king, doth pray, That the faid Jofhua Moody being thereof con- fifted according to law, may fufFer fuch penalties as by the faid Hat. arc made and provided in that cafe.

No. XXIV.

Cspy of a JKOnd infonuatton agalnji Moody.

New-Hampfliire in New-England. To the honble Walter Barefoot, efq judg of tlie court of pleas of the crown and other civil pleas, held at Great Ifland, and now fitting this 6th Feb. i6'J5:, (Sec.

The information of Jofeph Rayn his mnjcfly's attorney

general for the laidprovinee, in his majefiy's behalf againit

Jofhua Moody of Portfmouth, dark.

HE RE AS the faid Jofhua Moody hath in open court of the quarter fcfiions of the peaci held at Gr. liland aforefaid upon record, confelTed and owned before thejuftices, That he hath adminiftred the facraments contrary to the rites and ceremonies of the church of England, and the form pre- fcribed and enjoined by the ilatute made in the iirft year of the late queen Elizabeth, and fo (lands convifted of the faid- of- fence before the juftices at the faid feflions : Jofeph Rayn his majefty's attorney general for the faid province, who prot'ecutes for our fovereign lord the king doth i^according to the ancient Jaw of the ftatute made in the forty fecond year of the raign of king Edward the 3d, now in force) in his majefty's behalf, exhibit his information to this hon. court againft the faid Jo- fhua Moody, for that he having for many years had the ap- pearance and reputation or a minifter of God's word in the faid province, being within the king's dominions, and having wil- fully and obftinately refufed to adminifter the facraments ac- cording to the rites of the church of England, hath admini- ftred the facraments of baptifm and the Lord's fupper in other manner and form than is appointed and commanded by the ftatute of the firft of queen Elizabeth and other ftatutes, con- trary to the form thereof and in contempt of his majefty's laws : And doth pray the court's judgment and that the faid Jofhua Moody may fuffer the penalties by jhe faid ftatute in this cafe made and provided. No> XXV.

%Vif A P P E N D I X,

No. XXV.

New-Hampfhire in New-England. To James Sherlock, gent. prov. niar(hal and (herifFof the faid province, or his deputy.

IN his majefly's name you are hereby required forthwith to take and apprehend the body and perfon of Jofhua Moody of Portlmouth in the faid province, dark, and carry him to the prifon of Great Ifland in the faid province ; and the pri- fonkeeper, Richard Abbot, is hereby required to receive him the faid Jofhua Moody and keep him in fafe cultody in the laid prifon, he having bin convi^cd of admin'ijiring thif facra?nentt (otttrary to the iaivs and fiatut'i of England, and refujing to ad- pnnijler the jacra^nents according to the rites and cererfionies of the church of England y and the forjn enjoined in the faid jlatutes. There to remain for the fpace of fix months next enfuing, V'ithout bail or raalnprlze. Fail not. Pat. the cth of Feb. i68|.

V/ALT. BAREFOOT, (Seal.)

PETER COFFIN, (Seal.)

HEN. GREEN, (Seal )

Vera copia, HEN. ROBY, ' (Seal.)

Telle, Rich'io Chnmberlaln, CKo P.

\^Ih? three preccuing fupers are in the Recorder's office.']

No. XXVI.

Cspy of an order for raifing money •vjithout an affemhly. JiJew-Hamp.

At a councel held at Gr. Ifland, Feb. 14, i68|. By the governor and councel.

WHEREAS we have lately had intelligence by a letter from Capt. Hook to Capt. Barefoot one of the coun- cel of this hio majefty'.s province, that he had advice from the captain of the fort at Caico of a fudden rifing and onfet in- tended by the Indians upon the Englifli at theeaftward : And whereas the aOemb'y have been lately tendred a bill for raifing a revenue for the fortifying and defending our felves againtt his majeily's enemies, did abfolutely refufe and rejeft the fame without giving any reafon for fo doing, or preparing any other for defraying the charge of the public fervice. We his ma- jcfty's governor and councel finding the public treafury fo empty and bare that there is not fo much money as to pay a fingle meflenger ; and thofe perfons that are the fupport of the province have not eftates to fupport themfelves in the war (if 3ny ihould happen) without due payment for their fervice in

confideration

APPENDIX. :xlt

confideration of the prernifes, by virtue of his majefty's royal commiflion bearing date the nineth of May 1682, and alfo of his majelly's royal inftru'ftions to the governor bearing date the 29th of April 1682, have, for the railing a revenue for fortify- ing and defraying the necefiary charges of the government-, that there may be a magazeen of ammunition and provifion, and of money to pay indigent fouldiers, as alfo for fnch emergencies as a war will necefiarily prodace, thought fit to continue, and do hereby continue all fuch taxes and impoliti- ons as have been formerly laid upon the inhabitants (except- ing only the rate of the penny in the pound raifcd in time of ufurpation without a general affembty) commanding and re- quiring all and fingular the conftables and collectors forthwith to perform their duty in levying and colle<Sling the fame, and paying it in to the treafurer.

No. XXVII. Copy of a letter from ths council to Governor Dungan.

Prov. of NewHam.pfhire, Mar. 21, i68|. Sir,

BY feveral advices we have received of a fudden rifing in- tended by the Indians in thefe ealtern parts to fall upon the Englifli, we judged it abfolutely neceffary without delay to provide for the fafety and prefervation of his majcfty's fub- jefts inhabiting this province, and to give releef {if need be) to our neighbouring colonies. We have therefore upon con- fideration of the belt means for the fecuring of thefe provinces concluded it very neceffary to entertain a number of fouthern Indians for fouldiers, who are beft acquainted with the man- ner of thefe Indians ll<ulking fight ; and this being a nvork of pisty and charity for preventing the effufion of chriftian blood: And knowing that your honor has an influence upon the fou- thern Indians our honourable governor was willing to take the trouble upon himfelf of a journey to New-York to treat with your honor for fending of fuch a number of Mahiquas, or o- ther Indians, as may be convenient to affift in this fervice, and to make fuch capitulations and agreement as to his honor fhall feem reafonable. We doubt not your honor's readinefs in any thing that may tend to his majefty's fervice and the fafety of his fubjedls, having often heard a noble character of your ho- nor from our governor, whom we have intreated to prefent our letter with our moil humble fervice. We have committed ^11 matters to his honor's prudence and management and what liis honor Ihall judg fit tQ be dene, we ihall fee performed. So

praying

xlvi APPENDIX.

praying for your honor's health and profperity, we fubfcribe ourfelvs, (being his majefty's council of New-Hannpfhire)

May it pleafe your hon. your moll humble fervants, To the Honble Col. Tho."] ROBt. MASON, Dongan, governor of his j WALTER BAREFOQT, royal highnefs his colony ! R. CHAMBERLAIN, of New-York, and the ter- I ROBt. ELLIOT, ritories thereto belonging, | JOHN HINKS. ■ humbly prefent. J

\_The tivb preceding papers are in the council's minutes, fecr^tid liook.'\ - •

No. XXVIIL To the king's moft excellent majefty. The humble addrels and petition of fundry of your majefty's loyal fubjefts the freeholders and habitants of your majefty's province of New-Hampfliire in New-England, Moll: humbly fheweth^ j^From the towne of Exeter.

THAT your petitioners predeceflbrs' having under the en- couragement of your majefty's royal anceftors by their letters patents to the great council of Plymouth, removed themfelves and fome of us into this remote and howling wilder- nefs in purTuance of the glorious endspropoled, viz. The glory of God, the enlarging his majefty's dominions, and fpreading the gofpel among the heathen : And in order thereunto either found the land we now poflefs vacuum dotniciliutn, or purchafed them of the heathen the native proprietors of the fame, or at leaft by their allowance, approbacon or confent, have fate downe in the peaceable pofteflion of the fame for the fpace of above fifty years; hoping that as wee had attended the ends, foe wee fhould have fiiared in the priviledges of thofe royal letters patents above menconed, and thereupon did the more patiently beare and chearefully graple with thofe innumerable evils and difficulties that muft neceffarily accompany the fettlers of new plantacons, efpecially in fuch climates as thefe, bcfides the calamities of the late Indian warr to the lofs of many of our lives, and the great impoveriftiment of the furvivors. Wee were alfoe further incouraged from your majefty's princely care in takeing us by your late commiflion under your maje- fty's immediate government, and appointing fome among our- felves to govern us according to thofe methods there prefcrib- ed, being particulerly bound to difcountenance vice and pro- mote virtue and all good liueing, and to keep us in a due o- bedience to your majefty's authority and continuance of our juft libertyes and propertyesy together with liberty of confci-

ence

APPENDIX. slvli

ence in matters of worfliipp, and all in order to our llueing ia all godlinefs and honefty, fearing God and honouring the king, wlu'ch we€ profefs to be our defire to doe.

But contrariwife partly by the unreafonable demands of our pretended proprietor Robert Mafon, efq- and partly from fun- dry other reafons that are either efFefts or concomitants there- of wee are in a farr worfe condition than any other your ma- jefty's plantacons, and reduced to fuch confufions and extre- mities that neceilitatc our humble application to your majefty, upon vvhofe clemency and juftice only under God we depend for our releife.

Your pQore diftreffed and oppreffed petitioners doe there- fore moft humbly fupplicate your moft gracious majefty that you will vouchfafe to give leave unto one of ourfelvcs, Mr. Na- thaniel Weare, whom wee have fent for that end to fpread be- fore your facred majefty and your moft honourable privy coun- cell our deploreable eftate, the beholding of which we doubt not will move compaflion toward us, and your majefty's pro- penfity to juftice will incline to the ufing fuch meanes as to your wifdome ftiall feem belt that the oppreffed may be re- lieved, wronged ones righted, and we your majefty's almofi: undone fubjefts now proftrate at your feet, may upon the tafte- ing of your equity and goodnefs, be raifed and further en- gaged in all humility and thankfulnefs as in duty bound ever-? more heartily to pray, &c.

Andrew Wiggin, David Robinfon,

Thomas Wiggin fenior, Kinlley Hall,

Thomas Wiggin junior, Bily Dudley,

Robert Smart fenior, James Sinkler,

John Young, Chriftian Dolhoff,

John Foulftiam, Philip Charte,

Edward Smyth, Jeremiah Low,

Peter Foul ftiam, Ralph Hall,

Theophilus Durfely Samuel Hall,

Richard Morgen, John Sinkler,

Samuel Leavitt, John Wadleigh,

John Gotten junior, Samuel FouKham,

John Gilman fenior, Eleazar Elkins,

Edward Gilman, Ephraim Foulftiara,

Mofes Leaveitt, Humphrey Wilfon,

Jonathan Robinfop, Nathaniel Foulfham,

Thomas Rawlins, Jonathan Thing.

The like petition from the town of Hampton in the faid province figned by,

Nathanic!

5(lvlii

APPENDIX.

Nathaniel Bachiler, John Marfton, James Philbrick, Jacob Browne, Thomas Browne, Henry Lamper, Jonathan Wedgwood, Henry Moulton, John Moulton, Jofeph Smith, David Wedgwood, James Chcufe, James Perkins, Morris Hobbs fenior, Jofeph Moulton, Benjamin Moulton, Thomas Levitt, Thomas Derborne, John Levitt, Henry Derborne, Aratus Levitt, Chriitopher Hufley, John Tucke, John Smith, Thomas Page, Philip Towle, Jofiah Sanbourne, William Sanbourne fenior, Rnth Johnfon, widow, Richard Sanbourne, Thomas Walker, Ifaac Godfrey,

Benjamin Lauyre, William Fuller, John Sanbourne, Hefron Leavit, Samuel Shuerbornc,, Francis Page, Peter Weare, Benjamin Browne, Thomas Philbrick, Timothy Blake, Jacob Perkins, Jonathan Philbrock,' Ebenezer Perkins, Caleb Perkins, Jofeph Perkins, Jofeph Dow, John Clifford fenior, Samuel Philbrook, Jofeph Shaw, John Clifford, Benjamin Shaw, Samuel Cojrg:, Timothy Hillyard, Anthony Stanyan, John Stanyan, Jofeph Sanbourne, Ifaac Perkins, Mofes Swett, Jofeph Swett, Jofeph Cafs, Duel Clemens, Samuel Cafs, John Sanbourne fenior.

Humphrey Perking, David Lamprey,

The like petition from Portfmottth in faid province, figned by,

George Hunt, Peter Ball, John Sherborne fenior, Samuel Wentworth, Sp. Lovell, Richard Webber, Richard Waterhoufe, William Davell, John Ccttisn,

Thomas Wacombe, Obadiah Mors, Nicolas Morrell, Samuel Keais, John Dennett, John Tooke, Edward Melcher, George Lavers, Jacob Laverts,

Ca-lomart

A P P E

D I X.

xli'x

Calomart Malhawes, John Bariham, John Shipivay, John Johnfon, John Sherborne junior, Thomas Pickerin, John Light, William Pitman, James Jones, William Cotton, James Lev'tt, Jethro Furbur, Edward Ball, Thomas Cotton, Daniel Duggen, Francis Jones, John Partridge, Robert Purinton, Nehemiah Yartridge, Jotham Lewis, Anthony Brackett,

rhc like petition from Job Clements, Thomas Roberts, Edward Allen, William Farbur fenlor, Henry Santer, Richard Rowes, Anthony Nutter, John Dam,

William Furbur] unior, John Dam junior, John Nutter, Thomas Row, Edward Row, John Meadow, Philip Chedey, Jofcph Stephenfon, Thomas Chefley, Jofeph Hinneder, Stephen Jones, Edward Small, Nsthanael — — James Hucking, Catharias Jerlld, Ezekiel Wcntworth,

John Brackett, Matthias Haines, Samui-1 Haines, Samuel Haines junior, William Fifield fenior, Walter Neal, Leonard Weeks, Nathaniel Drake, John Hunking, Richard Jofes, Jane Jofes, John Fletcher, Richard Martyn, Ph. Sueret, Richard Waldron, Ben. Hull, John Cutt, William Vaughan, George Jaffreys, John Pi\:kering, John Buifter. the towne of Dover, figned by Paul Weiitworth, Gerard Gyner, Jenkins Jones, Jofeph Canne, Richard Waldron, John Winget, John Gerifh, William Wentworth» John Heard, John Roberts, John Hnll.jun. Robert Burnum, Saml. Burnum, Jeremiah Burnum, Samuel Hill, Ralph Wormley, William Horn, Peter M?.fon, John Woodman fenior, John Woodman junior, Jonathan Woodman, John Davis fenior, John Davis junior.

Jofeph

1 APPENDIX.

Jofeph Fields, Sam. Adams,

John Bickford, William Parkiufon,

Thomas Bickford, Jofeph Hill,

Thomas Edgerly, Nathan. Hill,

John Hill, John Roberts. Charles Adams, [^f'rovi a copy in the hands oftlje honourable preftdent Weare.'J

No. XXIX.

The depofition of Peter Coffin, elq. one of his majefty's juftices

of the peace for New-Hampfliire, being fworn, faith,

THAT fometirae in the beginning of February, A. D. i68k, I the deponent was prefent at the houfe of Mr. John Hincks in company with the hon. Edw. Cranfield, efq. governor of this province, where I heard the faid governor fend for Mr. Wm Vaughan, and when the faid Vaughan came the governor enquired of him what affidavits thofe were he had that day defired to be taken. The faid Vaughan anfwcred, thofe that concerned his caufe againft Mr. Mafon. The go- vernor af]<ed him who they were, he anfwered, if he might have fummons he would bring them before his honour to be fworn ; and then the governor brake out into a pafficn and told him, the laid Vaughan, that he was a mutinous fellow, and aflicd him what he went lately to Bofton for; the laid Vaughan aniwered he went about his bufinefs. Then the go- vernor faid he went to carry a mutinous petition to be fent to England by Weare, anr: a(l<ed him what veflel Weare went in ; JMr. Vaughan anfwered that he left Weare in Bofton. Then the governor faid, that by the next fliips after Weare was got to England and had prd'ented his petition, he fhould have an account of the perfons names that fubfgribed it returned to Jiim, and that it would be the beft hawl he ever had, for it would be worth ^. joo a man. The governor further faid, that the faid Vaughan was a mutinous fellow, and required of him bonds to the good behaviour ; Mr. V:iughan anfwered he knew none of the king's laws he had broken, but if he could be informed of his crime he was ready to give bonds. And that in the whole difcoorfe Mr. Vaughan demeaned himfelf with a great deal of moderation and fubmiffion, Notwith- alanding which the governor commanded a mittimus to be writ and figncd the fame with his own hand, whereupon the faid Vaughan was forthwith committed to prifon.

PETER COFFIN.. Peter Coffin, efq. the above named deponent,

appearing in the tovvu gf Kittery in the pro-

APPENDIX. n

province of Maine this 27th of January 1684-5, ^^^^ ^^^^ to the above written, before me, CHARLES FROST,

Jull. oi Peace. No. XXX.

■' T^t 'warrant and mittimus 'Vi^himby HOIliafn Vatighan, Efq. nvas commlttid to prifon. New- Hampfhire. To James Sherlock, gent, (herifand provoft marfhal of the fald province, or hi"; deputy.

IN his majefly's name you are hereby required to take and apprehend the body of \Viiliam Vaii^han, of Portfmouth Elq. and carry him to the priion of Great Ifland; And Rich- ard Abbot the priion keeper thereof,.is hereby required to re- ceive the faid Vaughso into the faid prifon und there keep him in fafe cufLody tiii he fnall give good fecurity to our fover. lord the king his heirs and fuccelfors for his the faid Vaughan's good behaviour t(;wards the lame our fover. lord the king, he hailing rsfufed to find fecurity for his faid good behaviour the jixth day of February 1683. Given under my hand and fea! the faid fixth day of February i68|.

EDWARD CRANFIELD, (L.S.) \The t-wo preceding papers are in the recorder s office.^

No. XXX r.

A letter from TVilliam Vaughan, Efq. containing a journal of tranfafcions during his imprifonment , he. to Nathaniel Weare^ Efq. agent in London. Mr. Nathaniel Wire,

SIR, Portfmouth,4th Feb. )68|.

HESF ferves to give covert to the inclofed which ware unhappily miflaid, and fo brought to Portimouth infted of beinge carried by you to London though on the other hand you carried many papers for London which oughte to have been at Portfmouth. Th^re ware feverall papers in the bondle which ware very impertinente unto your bufinefs, and the tranfportlnge of them very prejudicyail to fom here, yourefpe- cyall care aboute them is expected, yet may be fafely returned v/ith you if not tranfmitted by you before your returne. Wee are now a doeinge aboute getinge evidenfes fworne, which you fliall have a further account by the firlle, tho' retarded much by havinge no copies of them as wee expected. Sinfe your de- parture much ado have been made, many execucyons extended, viz. upon Mrs Cutt, Daniele, myfelf, Mr. Fletcher, Moody, .Hunkins, Earle, Pickeringes, Booth, Sic. I went to prifon

lu APPEND! X.

but was redeemed with money, feverall dores ware hrokch opea by Matthews the marfliaH's deputy, cheftes alfo and trunks and carried out of the houies till redeemed with money. John Partridge and Wm Cotttn are in prifon and have been fundry daics. No pay (astiih, fiieep, hori'ts. Sec.) would be taken for their exccutyvms), fo there bodves ware levied upon and there tiicy lye. Our menii'er for refufinge to admenefter the facra- raent to the goueruor is bound over to the quarter fefSons to iit to inorro, the ifshew wee know not but fix months impri- fonment thretned. Your wife and famely well. Grete blufter at Haniton about the petityon, fom weelcelinges ware whegied into a confclfion and they difcovered the pcriones that carried the petityon, who ware by juftis G. & R. bound over to the quarter ieffiona, but lail Satterday night (on v/hat ground knovv iiot) Mr. Greene burnte there bonds and only tould them they mufle nppere when cold for. Cliarles Hilton is late- ly ded. As other newes arrives (hail hand it to you by all oc« catyones and doc you the like by us.

5th. Quarter leffions are come, and there Capt. Barefootej, Mr. Fryer, Coffin, Greene, Ruby, Edgerly, were juftices, Raines was attorny. It was brought in as a plea of the crowne. Mr. Moody pleaded his not beingc ordained, havlnge no main- tenanfe according to ftatute and therefore rot obliged to that worke which the Itatute required Befides thefe IV.tutes were not made for thefe plafes, the knowne end of there removal liither beinge that tlicy might enjuye liberty in thefe forrin plantatyouts which thefe could nijt have by vertevv of the fta- tutes at home, and ware allowed to have here, efpecyally our comityon grantinge liberty ofcontyenfe. Thefe things ware pleded, but to no purpofe, after a iTiorte pleding and that not withoute many interoptyones and fmiles by the pragmatticke, bufey impertenente atturny, he was comited to the mardiall, (viz. Longe Matthews) and held in cultody that night tho' permitted to lodge at Capt. Stileman's. The jufiifes debated a litteii, foure of them entered there defente, viz. Mr. Fryer, (jrcent, Roby, Edgeriy, but Capt. Barefoote and CofHn ware lor his condemnatyon. Judgment of the cafe, every man's was entered by the fecretary over night, but being deferred till iiexte morninge informatyon was given to fomebody who came in and (hretned and hectored a^ter fuch a rate that Green and Roby alfo confented as you fee by the inclofed, and hee was comited to prifon. Petyon was by him made to the courte, hiid afterward to the governor, that hee might ftep up at nighte ;.o his famely and fsjLtlt matters there, and that he mighte not

poc

APPENDIX. lili

goe into the difmall plafe th« eomon priflbn. The court could not, the governor would not of firfte, tho' in fine gave lea^ve to the marfhall to droap him, at Capt. Stileoian's, where he is confined to his chamber, tho' not without leave to goe downs ftaires or into the bakefide, and this was done 6th inftante. At night I havinge moved for the takeinge of evedenfes, v>rhich was in words owned, wente to the fecrctary for funimones, in- tcndinge to begin with Lift Haull and Thos. Wiggoncs, hee refufed to give fummones but firile (I fuppofe) mufte informe fomebody, I was fent for by the marfliall, huffed and heftored ftrangely, thretned, &c. in fine, muftegive bonds to the good behaviour ; 1 refufed, thereupon he made and figned my mit- tymos to the priifon, though by the way, I knov/e not how, was alfo droped at and confaied to Mr. Moody's chamber, where wee have bin this two nightes very chareful together.

Poore Vv'^adlow who was lefc to the governor's mercy is com oute upon fecurity for forty pounds mony, and your Gove for a like fome, only Wm, Partridge is to doe it in worke, build- inge and fenfing, &c. The aftyons goe on and are turned of haad apafe, ttvelve at a clapp, after the ould manner. Roby though a judis is ftili of the jury, A new tricke is on foDte> feverall i^\ as that ware executed upon and paid our mony the firile fute, are fucd agalne for illegal witholdinge poiTcillon, tho' the marfhali (who was by executyon required to give pof- feffion never came to demand it ;) the iiTue of which wee know Bot, matters being yet dep6ndinge.

'^9th. The prifoners Vaughau and Mr. Moody ware fetched out of priffon to plede there cafi'es at the courte. Mrs Cutt, Daniell, John Partridge and myfelf and Mr. Moody ware fucd and all calle, but the lafte who had fomethinge particulerly to faye, and foe he cafte Mr. Mafon, though wee thought wee all faid enoufe to cafte him, viz. that hee had an executyon for the land fued for, and when he levied his executyon mighte have taken the land alfo, with many other things (enoufe of wee thought^ to have turned the cafe againft him before anny indifercnte judges and jurrors, but thus wee are tretted.

Eut above all our mencrter lyes in priffon, and a fammin of the word of God cominge upon us. No public worlhip, no preachinge of the word, what ignoranfe, profanes and mifery ipuft needes enfue 1 By the premifcs you fee what need there is you fhould be vls;oros and fpeedy as you maye aboute your bufnes to doe what may be to the prevcntinge of uter ruin.

My imprifonment is a prcfente ftop to the gctinge what evcdenfes is needful, and it'i like we fiiall not make anny fur- ther

iiv APPENDIX.

ther attempt here, but with what conveniente expedytyon wiH be don what is needful and necefiary. Mr. Martin was fued at the courte in two aftyones, one by Mr. Mafon for fined & forfetnres collefted and received by him as treafurer from fe- venty nine to eighty two, and another aftyon by the governor for fines, &c. from April eighty two. He is cafte in both ac- tyones to the valew of about feventy pounds, although hee pleded that what hee received was diipofed by order of the au- thority which made him treafurer, and had as good comityori from his magt ftie as that was in beinge, neither did it legally appeart that ether Mr. MafTon or the governor have anny right e to fines and forfetures, the kinge appointinge all piiblicke mo- ny to be difpofed or improved for the fupporte of the govern- ment ; however it is but aflvc and have, there demands in any cafe have the force of an executyon.

loth. The fabbath is come but no prechinge at the Banke, nor anny allowed to com to us ; we had noone but the fameley with us, the pore peple wantlnge for lake of bred. Motyones have bin made that Mr. Moody may goe up and prech on the Lord's daye, tho' hee com downe to priflbn at night, or that liaibor rainifters might be permitted to com and prech, or that the peplc might com downe to the priflbn and here as many as eould, but nothing will doe ; an unparraleled example amongfl; ehriftians to have a menefter putt oute and no other way found to fupply his plafe by one menes or other. Mr. Frier was fe- verely thretned for refufeinge to fubfcribe Mr. Moody's comit- ment, but hath obtained fairely a difmityon from all publike offices. Juftis Edgerly alfo cailhered, and bound over to the quarter feffiones. It is faid that juftis Greene is much afflifted for what hee has done, but Roby not. Peter Coffin can fcarfe fliow his hed in anny company*.

14th. Nufe came from the fourte at Cafco that there was greate danger of the Indyanes rifinge, which hath occatyoned a mectinge of the counfcil and fome difcourfcj but here no more finfe and hope it may vanifh.

jcth. Good Mrs Martin was buried, beinge not able to live above one faboth after the (hutting up the dores of the fandtu-

ary.

* Mf. Moody in the church records remarks thus on liis judges : " Not " long after Green repented and made his acknowledgment to the paftor *' who frankly forgave him. Robie was excommunicated out of Hamp- ** ton church for a common drunkard and died excommunicate, and was •' by his friends thrown into a iiole near bis houfe for fear of an arre(t of ♦' his carcafe. Barefoote fell into a languilhing dillcmper whereof ha •• died. Coffin was taken by the Indians, [at Ccchecho 1689] hii huufe *' and mill burnt, himfclf not being flain but difmiircd ; the Loid give '• him repentance, though no llgus ©f it liavc yet appeared.'!

APPENDIX. U

ary. Somebody hath faid that the imprifoninge of the minl- fter is noone of his worke, hee did but coiiditute the courte, they did it themfclves, tho' alfo hath faid hee would have don it himfelfe if they had not.

17th. Another fad faboth.

1 8th. Came Mr. Mafon, Barefoote and fecretary, with Thur- ton, who fwore againil mee a falfe oath, of which have inclofed a copia. Thurton faid he was fent for on purpofe to give in his teftimony againft mee; they wente away, and foon after came the inclofed mittimos directed to Mr. Raines hoo is uie- reff and marfhall in Mr. Sheerlock's roome that have bin out of favor of late, though now it is faid in favor but not in plafe againe. Mr. Eftwicke is ah",) put oute of all offis. Noote, that when I wente to him for takeinge oathes, hee faid all oathes fhould be taken before the governor and counfell, but now could fend to juftifes to doe it. We had for fom nightes our key taken away from the chamber dore about 8 or 9 at nighte but have finfe left off that trade. Sov/ell of Exeter is ded. Severall overtures ware made tnisweeke to John Partridge and Wm Gotten by R?.ines to com oute of prilfon he giveinge them three monthes time to provide mony or anny other cur- rante pave, tho' they tendered fifh, plaake. Sec. before they ware put in, they refufed to accept.

24th. Tiiis fabboth our wives, children aiiJ fervants came downe and fpente the daye with us in our chamber, and wee yet here nothinge faid againfte it.

25th. The marfliail goes and levies upon John the Greeke's fheep and cattle for the cxecutyon, for which hee had laine a- boute three weekes in priiTon, and then came and ordered him to goe about his bufnefic, 15 fheepe, fundry lambcE, and two haifers fezed for fix pounds od mony. This day allfo Mr. Jaf- fery havinge had fundery warninges the v/eeke before to clere his houfe becafe Mr. Maifon would com and take poffcffion of it, wente never the les to the Banke upon bufnes ; mene while came Mr. Mafon v.-ith the marfhall and turned all his fervants out of dores, fet another locke on the dore, and at night when his fervants came home wett they would not fuffer them to com in, but there lodged Matthews and Thurton all nighte. Mr. Mafon faid while aboute this worke that he was forry Wire had no more of this nufe to carry hoome with him.

The governor haveinge fente to Mr. Cotton, that when he had prepared his foule hee would com and demand the lacra- ment of him as hee had don at Portsmouth alredy. Mr. Cot- ton the latter end of the weeke before laile went to Bofton and

e e has

Ivl A P P E N D I X.

has bin oute two Lord's days alredy ; all is well with youf» there, foe far as I can learn, I cannot goe to fee elfe might have given them a vilite.

One word more aboute my bufnes. I am under imprifon- ment aboute Thurton's bufnefs, being feized by the marfhaU and comited when in priffon before for not giveing bond for the good behavior, tho' nothinge charged upon me any more than before, which you well know. I know nothing but they intend to keep mee here endlefsly ; it's faide I mufle paye one hundred pounds for ftrikeinge one of the king's officers and mufte have my name returned into the exchequer and mufte lye in priffon till the mony be paid and I am dilcharged from the exchequer. The defigne you may efely fee is to ruine mee, and hovF vaine my pics Vv'ill be you maye efely guefle- Tho' I have manny thinges to faie, viz. that Thurton was ether no officer or at lelle not knowne to be fo, however not fworne, nor did I flrike him in the hyev/aye as hee fweares, nor is there anny proofe but his own fingle tellimony, which how far it a- vailes in fuch a cafe would be confidered ; it s alfo worthy of inquire whether ever that law was intended for us, here beinge no cuftoms to be gathered, no exchequer to be applyed tc, and therefore how thefe methods can be obferved is not intel- legable. You may efely imagen how things will be if I am forfed to complye with there humors. Pray confult, confider, and fee if fomethinge may not be done to putt a flop to fuch arbetrary profeedings, a triall on the plafe by indifferente un- conferned judges and jurors if at lefte there can anny fuch be found hoo will not be forfed into v/hat fome will have done, but I fhall not need to indruft you; there you have better counfell then I can give you, and of your fedclyty to inquire and remitte by the firfte what is needful on this account I doute not.

I have eiven you but a tafte, wee that fee it know more then can poffibly bee underftood by thofe that only here ; in a word, fuch is the baith of there heat and rahlge that there is no livinge for us ionge in this condityon. Butt wee hope God will bee feene in the mounte.

I fliould have inferted what fell oute after the defolvinge of the rebellyous afTcm.bly, there was diicourfe of conftables, and in.led of the freemen's chuhnge as formerly they tooke a fhorte and cheper courfe, and at the quarter fefHons conftables were cliofen and to begin with Mr. Speker, he has the honner to be cnnlhible for Portfmouth, Capt. Gcrrifli, Lt. Nutter and John Woodman for Dover, Smith the cooper for Ham ton, John

Fouhham

APPENDIX. Ivli

Foulfham at Exeter. Whether Mr. Speker fhall ferve or fine is not yet determined. And now I am fpekinge of the general aflembly, mufte hinte what was formerly forgotten, vz. that they convened on the Msndaye and the choice of the fpeker (there ould one) in words hily approved and hee complemented alamode Then a bill was fcnte them downe (of which if I can get it being now in prifibn fliall inclofe a copia) which they talked a littel of and then brake up for the nighte and went up to the Banke to lodge (the tide frrving very well to goe and com), the reporte of which hily difgufted, and the next morn- ing the anfwer to the bill vehemently urged, which was in fine a negative. Hereopon in a grete raidge telling them they had bin up to confult with Moody an uter enemy to church and coman welth with much of like nature, hee diflblved them, which was don on the Tuefday, after which he came up to the Banke and gave order for a facrament on the next Lord's daye as you have herd and finfe the aflembly men pricked for con- ftables.

By the premifes you will fee how the governor is makeinge good his word, hee came for mony and many he 'will gete, and if hee get it you know hoo mufte loofe it, and how mefereable mufte our condityon quickly be if there be no remedy quickly provided. Hee contrives and cutts out worke and finds evill inftrewments to make it up, and thefe fom among ourfelves. Thus wee are cloven by our owne limbes.

28th. Sinfe Mr. Jaffery was difpofleffed, Raines offered him for five fhillings per annum quit-rent to Mr. Mafon, hee fliould have his houfe againe, provided hee would owne him proprietor, but hee refufinge it is faid hee fhall never have it againe. The talke is that his houfe mufte be court-houfe and priiTon booth, and ftandinge fo nere the governor it is juf'ged futable for booth thofe ends, that hee may have the ftiorter journey to courte and the prifoners may bee alwaies under his eye.

29th. John the Greeke havinge laine fom weekes in prifTon upon executyon,his goods haveinge bin levied upon (as above), was by Raines locked oute of the prlflbn and bidden to be gon, but hee would not, keepes his quarters ftill with the other two. This daye his goods was fold by the mardiall and bought by Thurton.

Mr. Cotton is com home from Bofton. Grete offence taken here at a fermon hee prcched in Bofton on Atts xii. 5. tho* plefinge to the hearers.

March 2d. This day Mr. JefFery's goods ware all turned

oute of dores by the ftieriff", &c. his man received and diipofed

e e 2 of

Iviil APPENDIX.

of them. Againfte JafFery there are two oathes taken, finglc oathes, but bcinge for the king will pafic, and orders are giv- en for warrants to apprehend him, he apperes not.

March 5. It is faid that they are goinge this daye to Ma- jor Waldrone'ij to ferve him as they have done Mr. Jafferey, and it's given out that the refte will be treted in like manner ;. the courte was adjourned yeiterdaye to the nexte month pbably that they mighte levey the executyons that are in Banke be- fore they cutt oute anny more worke Jullis Green feems fometaiiige troubled for fendinge the menelter to priflon, ai.d faith hee will never doe fuch a thinge againe, but Peter CoiBn faith it is a nine dayes wonder and will foone be forgotten, but others thinke otherwife. If they go on thus wee are utterly ruined, muile gbe away or ftarve if at lefte wee be not fo con- fined that wee cannot goe awaye nether. I queftyon whether annie aidge can parralell fuch a£tyones.

In my lalle I fente you a letter to Sir Josiah Child my maftcr, of which aifo you have another copia herewith. My defigne is that you carry the letter yonrfvlfe, waite on him •while he reades it, and if he will plefe to here you (as 1 hope hee maye) that you amplyfie matters, informe him what fur- ther intcUigens you have and attende his diredlyon, if God move his hearte to doe oughte for us. This daye the gover- nor fente us word by the marfhall that wee muft remove to Mr. Jafferey '3 houfe to morro, which houfe is made the priflon. Wee hope the nufe of the rifinge of the Indyans will faule to nothinge.

Ditto 5th. Thus far was fente you by waye of Barbados. It fallowes. The governor did faie to a Salem man that Moo- dy might goe out of the prifon, if hee wonld goe out of the provinfe, but wee here no more finfe.

James Robinfon under grete rauth and in much danger on- ly for fpeakinge fomthinge to Thurton (of his being a pittiful lello, &c.) while faid Thurton was atftive in turning out Mr. Jafferey's goods.

6th. Matthews and Thurton hunted for Mr. JafTerey, ferched in Mrs. Cutt's houfe, wente into every room above and below flaires, ferched under her bed where fhe lay fike in it but found him not. They carried it very rudely and bafcly in there worke. Matthews faid he would caitch him or have his harte blud, but hee was not there. Mr. Jafferey's goods were carried to the other lide by ni'i-hte.

It is faid that our imprifonment has much [^alarmecT] the hoole countrey and made them more fond of ther liberties.

This

APPENDIX. lix

This nighte Matthews was beten at Merfore's (fom fiullinge boute its Hk.e), but its made a mity thing on, laid to be a deepe plot, deeper then Gove's, managed by itrong beds, and abundanle of that nature, and becaufe the perfons conferned ware under the inflewenfe of Vaughan and Moody they fiiould fufFcr for it. for not techinge them better. Tho' wee know no more of it then you, nor is there ought in it worth notis, but thus we are treted. The governor went up to the Banke and made grete inquiries aboute it. Capt. Pickeringe and o- thers that ware in the fraie are bound over.

7th. They had fix pounds five {hillings of Obadia Mors by waye of executyon. Raines was difcarded beingje put oute of beinge fhcrlfFe, &c. tho' he had his comityon under the feale but the other daye. Matthews is made provoft marfliall (at leite) in his roome and Thurton marfhall's deputy. Good burds for fuch offifes. Lord have mercy upon us. They had aifo eighteen fhillings from Sam. Cafe, the refte is defered, and bee has put awaye his goods and intends to remove or goe to prifon. and (o wee mufte all.

1 ith. The Indyan nufe occatyoned an order to the truftees to get aminityon, they came down andpleded their time was up, it was faid you ihall keepe in during my pleafure. They faid they had no mony of the townes in their hands, nor could anny be railed withoute a general affembly. Then laye out your owne raony or elfe woe to you ; and this they are faine to com- ply with.

Hee faid and fwore that if MalTon would not, acknowledge a judgment nexte courte of fix hundred pounds, he would take all iiis bufnes from him and few in his owne name. Hee fwore hee would turne out that rooge Ellet who is as bad as anny other.

Mr Waldron beinge fente for by warrant to com before the juftifes to take the conftables oath, appered before Mr. Maflbn and Capt. Bai-cfoot, but excufeinge it and giveinge good rea- fon was difmiffed upon payinge five pounds ; but pore Capt. Barefoot was mofte ferefully rutted at for his labor, many oathes Iworne that Waldron fhould ether take the oath or ether take up with a goale. The nexte daye (tho' the juftifes hoofe buf- nes it is, had fairely difmified him) he was convented againe, the oath tendered, hee thretned with a prifTon imedyately, butt tould them he knew the law better than foe, then they tooke his one bond to anfwer it at quarter feffiones, and fo far of that matter as yet. Another conftable is chofen, viz. Capt. Pick- eringe, tho' hee have as yet waved the oath, haveing lately

ferved

Ix APPENDIX.

ferved in that plafe, and pleding his being bound to good be- haviour for tliat lafte fraye. He taulks much of friggets to fcarc the pore peple.

J 4th. Counfeil fat and could not agree aboute raifinge mo- ny, which hily provoked fomebody. They faid the general affembly only could raife rnony.

The governor tould Mr. JafFery's negro hee mighte goe from his mafter, hee would clere him under hand and fele, fo the fello no more attends his mailer's conferncs.

1 i^th. This day the fecrttary was in a grete raidge turned oute of all his offifes exepte fecretary to the counfeil, (an emty name, littel proffite) and the bookes fente for oute of his hands. Jiee is much conferned and dejedled.

I am credible informed and you maye beleeve it, that the governor did in the open counfeil yefterdaye faye and fware dredfully, that hee would put the provinces into the gretefte confufion and dlllraftyon hee could pofGble and then goe away and leve them {o-^, and then the devell take them all. Hee alfo then faid that Mr. Maffon faid hee would drive them into a fecond rebellyon, but himfelfe would doe it before; and I wonder he has not, fuch adtings are the redy way, but God hath kepte us hether to and I hope he will doe fo flill. Hee alfo faid and fwore that anny perfon that (hould have any man- ner of converle with us or any of our mind, he would counte them his utter enemies and carry toward them as fuch.

jyth. The governor havinge formerly prohibited the pri- foners from makeing fhingles wente himfelfe this day to the priflbn and prohibited John Partridge from makeing (hoes, bad the marfliall throw them into the fea.

This daye Raines beinge not willinge to give up a warrante that he had executed duringe the fhorte time of beinge fheriffe, was fent for by the governor, and not apperinge, the gover- nor came to his chamber and did bete him dredfully, and bad the marfhall carry the rouge to gaile. Hee remaines out of favour ilill. The governor alfo went over to Capt. Hooke's and got him to give warrants to the conftables on the other fide to ferch all houfes for Mr. JafFery and bring him over, but they found him not, nor is he yet found, tho' proclamatyon was made at Wells courte for his fefure, tho' not yet done.

March 18. This morninge came Matthews to our chamber and faid the governor fente him to carry mee to the prilfon, where 1 am, where I ftill ly ; being put in only for Thurton's aftyon and kepte in tho' I offered fecurety to refpond it. I thinke they have let fall the other aboute the good behaviour,

feeingc

APPENDIX. Ixi

feeinge they can make nothinge of it, and before my cominge in John the Greeke's bed, &c. was turned out of priflbn and he forfed away, whoo would not depart before.

2jft. Mr. Martin came to difcorfe aboute the mony he was «alte for, which they have not yet levied upon him, but intend tp laye it upon all the ould counfell equaiiy that each maye bare his fhare ; at fame time the governor tould Mr. Martin that hee would fend his executyon. Said Mr. Martin, you Jcnow it is not my dew to paye the mony. No matter (faid lie), / ivcinte mony and 'will have it. But I have none faid hee ; then I will take your houfe. Hee added alfo to Mr. Martin, that hee was a church member and he would watch him and all fuch, and be fure to paye them of if he could caitch them.

22d. The forreft ftorm and the liiefte tide that ever was knowne. Many thoufands of pounds damidge in Bofton and much here. The bridge to tlie Grete Ifland broaken of iu the middle to the grete joye of manny,

24th. The governor wente to iioPcon in Foxe's floop, intend- inge thenfe to New-Yorke, pretendinge to difcorfe Colonall Xjungham and bringe dovvne two hundred Mowhawkes to kill the eltvvard Indyanes. What is at the botham or will be the .il.shevv God knowes. Hee had a could trete at Bofton, itaidd n./t a niphte in towne. Sinfe his sfoinjre we have had littel ruife. worthy of your notis, but all things have bin very quiet heihcrtoo.

I have not inlarged upon thefe particulers to my mailer Child, but if hee will take anny riotis of the thinge and be conlernd aboute it hee will then give you oppertunyty of dlf- courieing him, and you maye iuforme what is further neidfull.

31ft. This month paffcd oute and the other came in with- out anny noife, unles the grete joye that was at the Banke by Mr. Moodye's going up thether and my goinge onfe or twice after with our keepers, by Mr. Mafon's permityon who pre- iid'-s in the governor's abfence ; but wee foone returned to the plafe from whenfe wee came,

April 8th. Nath. Fox who married Mrs Stileman's dafter fent Matthews to arrefte Capt. Stileman for his wive's portyon (tho' it was often tendred him in fuch paye as the sourte or- dered it, but hee would have it in mony.) Capt. Stileman gave his own houfe and all that was in it for fecurety to anfwer the aftyon, but Matthews bringinge Thurton with him at his inltegatyon, who was terrebly infolente, they arejled the ivoo- onan Mrs Stile7nan and carried her to prijfon nuith 7nuch violenfe i^nd caurfe ufadge^ tko' ker hujhatid had given fecurety, Shee

Nvas

IxU APPENDIX.

was carried in the eveninsc. Capt. Stileman wrote to Mr. Ma- fon, he protefted againft it and wrote to the m^rfhall, it would not doe. He wente againe and Mr. Maflbn wroote againe, but to no purpofe, they kept her there till the nexte morn- inge ; a thinge not to be paraleled in the Englifh nation ! Complainte hath bin made but no remedy. Abbot beingc up at the Banke with mee, Thurton tookc the key of the priffon, and when Abbot came would not permitt him to goe in, but turned him awaye. Brave doinges ! No runge can tell the horrible imperyoufnefs and domanereinge carridge of that wretch. The nexte morninge Mr. Maffon (much a doe) got Mrs Stileman oute and the gaillor into his plafe againe.

Mr. MafTon gave leve for anny minifter to com and pretch at the Banke, lo that we got Mr. Phillops for two Lord's daves, viz. 13th and 2oth, haveing bin nine Lord's dayes without a fermone.

A]:iril J4th. Came H. Greene to Mr. Moody's chamber and made a confcffion of his faulte and begged his pardon for put- ting him in pnffon, and laid hee would get him oute at quar- ter fefliones, &c Good words, butt . Capt. Bare-

foote went to the prifTon and tould John Partridge that if hee would give an order to allow fo much as his charges came to oute of what thv provincs owed him aboute Gove, for the foul- dyers, &c. hee fiiould come oute of priffon, and they would paye him the remainder, the hoole beingeaboute thurty pounds, bi4t hee was not forward leite her (liould in fo doinge quitt them of falfe impriiToninge him ; but if they would doe it themfelves, llop fo th-y mighte. Nothing is done in it.

15th. Matthews and Thurton ware fente to Hamton to le- vie executyones and fcrve attatchments and warne jureymen for the courte in May.

They arrelled feaven, amoncje which Capten Shourborne one, warned the ould jureymen, executed upon Wm Sanborne, tooke fourc oxen which ware redeemed by mony, drove away feven cowes from Nath. Batclielor, wente to your houfe, met your fon Peter goinge with his foure oxen into the woods, com- manded him to turn the oxen hoome, he would not ; they cuvffd, fwore, drew upon him, thretned to run him through, bette him, but hee did not ftrike againe. They came to your houfe, ware flnitt oute, your wife ferefully feared for fere of her fon who was oute with them. At length ftiee lett them in, laid three pounds on the table which they tooke and then le- vie-d on feverall young cattel but relefed and lefte them. Your fon came hether to advife, but complaininge is bootlefs, fuch

a dif-

APPENDIX. Ixui

a difmal cafe are wee in. They tooke awaye two bedds from ould Perkins, but his fon ©ffered his perfon and they tooke it and quitted the other ; what more they 'did there wee as yet here not.

Capt. Gerifh, John Woodman, Liften. Nutter and Nath. Batchelor are fworne conftables.

17th. I went to Mr. Maflbn at Capt. Barefoote's houfe and had feverall witnefTes with mee, and defired him to take depo- fityones that I mighte fend them hoome, aboute my cafe and the refte of the cafes, butt hee refufed. The governor had putt mee in priffon when I aflced him, and now in his abfents the deputy governor denies to grant them. I hope this will be matter of jufte complainte, that we fhould be hindered from applyinge to his majeily for relefe under our oppreffiones. You will have evedenfe of his denial fente home, fworne before fcm of the Baye magellrates ; wee can doe no more unles the Baye fhould afTide us, which they are loath to doe and wee are loth to putt thf m upon as matters are furcomftanfcd with them ; but wee thinke it fhould be taken very hainoufly by all that love juftis and willingc to admenefter it, that his magefties fub- je6tb fhould bee thus treated. Surely they are afraid or afham- ed of ther? aclyones (and they maye be boath) elfe they would not be fo flaye of having them knowne.

This is what offers here, what moore neidfull coz Waldron will advife from Bodon. With dew refpecls remaine.

Your affured friend and fervant.

For Mr. Nath. Wire, in London. A difcourfe with the governor aboute my imprlfonment, May 84. \_Siihjoined fo the foregoing letter. ~\

AT a fefTiones held the 6th May, 1684, I was denied coun- fell, and to have witnefTes fworne. Mr. Waldron, Captain Stileman and Captain Frofle were prefented.

loth. The governor was with me in prifon. Mr. Cham- berlin, Mr. Hinkes and Mr. Sherloake with him.

The governor proffered mee (that whereas 1 was fined by the juflices in Thurton's cafe, that I might thinke they had not done mee rite) that if I would profecute it (giveing fecurety fo to doe,) in the king's bench at Weftminfler, the exchequer, or before kinge and counfell, I fhould; though by his comi- tyon hee could not do it. My anfer was, unles I could have fecurety given mee that in cafe I Ihould recover, I might have my charge and damidge made mee good, it would be of no benefit to mee. He faid there was no refon for that, becafe it was for the kinge; though it was his becafe Mr. Mafon had

refind

Ixiv A P P E N D I X.

refind up to the kinge all fines and forfitures and the kingc had given it to him. But he faid if I would depofite a valu- able foia hee would doc the like and would give bond, and have it tried as abovefaid. My anfwer was I thoughte the £brty pounds was enofe and that I expected exectttyoii would com oute at the time, and (hould endevour by the time to provide enofc for it, but withal tould the governor it was at his liberty to remit it if he pleafed by vertue of bis comityon.

Allfo for my beinge in prifon for not givting bond for my good behaviour, when the fcffiunes came I was not broughte to my triall for that, but remanded to priffon again.

At ditto time the governor tould mee hee had put me in priffon on that account, and hee would abide by it till I would give two hundred pound bound. My anfer was I had rather ly in priffon then give bond to tempt fuch a fello as Thurton, (or fuch others) that had fworne againite me alredy, and falfly, and judged it might be no fcruple to him to doe the like again. And withal tould him that if bis honner plefed to let mee oute of prifon, I would ingaidge myfelfe by bond to live oute of the provines, though that would be very detrementall to my con- ferns and by that I hoped he would have no thoughts of my mifbchaveinge rayfelfc, that would be detrementail to the kinges govermente here or himfelf. Not that I Icrupled give- ipge bond for my good behaviour, though not accufed for anny thinge but for layeinge a temptatypn to fom bafe rwinded perfon or perfons to forfvvare themfelves, as one had done be- fore in another cafe relateiuge to me.

May J 2th. Was informed that whereas Thurton had a comityon to be priffon keeper, (and withal had vapored and faid the priffon was to good for Vaughan, and the roome that hee had fited up did intend to kepe it himielFe and that V. fliould take his quarters where he would affigne it, and that the prifoners ihould not be >\'aited on as Abbot had done, for he would keep them loaked up, only com morninge and even- inge) lofte his poakct booke wherein was his comityon and fundry papors of confernment .

JV. JJ. The original of this letter and journal is in the hands of the Honorable Frefident Weare.

No. XXXII. Copy of a letter from the governor and council to the lords of trade.

\ Council records r\ Province of New-Hampfliire,

May it pleafe your lordfliips, May 23. 1684,

SINCE Rolicrt Wadly is returned from England having lately had an appeal difmiffcd by the council board, by

taking

APPENDIX, lav

taking advantage of Mr. Randolph's abfence, who was atturney for the parties, he hath put the people of this province into fuch a ferment and diforder that it is not poffible to put his majeftys commands in execucon or any ways govern them. And tho* notwithftanding in obedience to your lordfhips commands we have called an affembly (a copy of the proclamation for that purpofe being herein inclofcd) we cannot think it prudent or fafe to let them fit; th^y being of the fame ill humour or vvorfe as when Gove went into arms, his defign being hatch'd at the time the affembly fate. And it looks more like a defign, they having thofe four conftables into the affembly that the kings peace may not be preferved (the whole number of the affembly being eleven :) This Wadly being formerly an affembly man and hath three fons condemned in Gove's rebellion (and himfelf now chofen again) the oldeft of them I have pardoned, one of them is dead and the other I keep in prifon till I receive your lordfliips further order, all the other offenders being pardoned. Major Waldron's fon is conflantly of the affembly and fpeaker (this being the third that hath been called) I wifli his majefties clemency do not caufe fome great mifchief to be done here. They have never given two pe?ice* to the fupport of the govern- ment and that very rate that was made in the time of prefident Cutt and Waldron we have according to his majeflies royal com- miffion continued ; but do not think it fafe to publifh it, unleffe we had Itrength to countenance our proceedings. This wc conceived our duty to inform your lordfhips, and are, May it pleafe your lordfliips. Your mofl humble and mofl obedient fer\'ants. The appllants claim bv grant -i ED W. CRANFIELD, from Mr. Mafon; and as I ROBt. MASON, for Wadley he hath been [ WALT. BAREFOOT, thefe fixteen days in the f R. CHAMBERLAIN, countrey, and tho' I have j JOHN HINKS, heard much of him, I have J JAMES SHERLOCK, not yet feen him. To the right honble. the lords of the comittee 7 of trade and plantacon, at Whitehall. 3

No. XXXI I L

Cop-^ of a Utter from Cranfidd to Sir Lcoiine Jcnkim ofthefavie dale. May it pleafe your honour, (Council records.)

WE humbly beg after your honour hath perufed this let- ter to the lords of the council, you would be plcafed

to * The firft afTemhly voted two hundred pounds to the governor, but it ^s not certain that he accepted it though he confentcd to the ait.

Ixvl APPENDIX.

to lay it before their lord/hips and defire their lordfhips to come to feme fpeedy rcfolution ; for it is no longer in my pow- er to promote the honour and intereft of his majefty here, without a fmall fregate to fecond his majefty's broad leal and other his royal commands. As to the pirates your honour may be afiured that myfelf and the council will punifh them accord- ing to their demerits, if they (hall at any time happen to come within this jurisdiction; and carefully obey all other commands which fiiall be fcnt unto,

May it pleafe your honour, your honour's moft humble and moft obedient fervaut, • EDW. CRANFIELD.^

I moft humbly befcech your honour by the ftrft opportuni- ty, to fend the king's letter to give me liberty to go ofF to Ja- maica or Baibados for my health; finding fo great a weaknefs in my legs, which indifpofition hath bin contracted by the fe- verity of the cold.

To the Right HoHOurable Sir Leoline Jenkins one of his 7 majefty's principal fecretaries of ftate at Whitehall. 3

\The iivo preceeuiTig papers are in the council minutes 2d Bo'-'k.']

No. XXXIV.

Copy of Mr. Weave's firj} complaint againji Cranfield.

To the king's moft excellent majefty and the lords of his moft

honourable privy councill.

THE humble reprefentation of Nathanael Weare, inhabi- tant and planter in your majefty's province of Nevr- Hamplhire in New-England in America, on behalf of himlclf and other your majefty's loy^l fubjects, inhabitants and plant- ers there, whofe names are fubfcribed to the four annexed pe- titions, as follows :

I. That the hon. Edward Cranfield, Efq. your majefty's governor of the faid province, upon 'nis firft entrance on that government, in order to the enlargement of his power as go- vernor there beyond the juft bounds and limits your majefty •was by your royal coramiflion pleafed to fctt him, and to en- grofs the whole power of erefting courts, with all neceffary fees, powers and authorltyes thereto into his owne hands, exclufive of the general afiembly there. The faid Mr. Cranfield at the firft general affembly there, when the words of his commiflion vanne, " And wee doe hereby give and grant unto ycu full " power and authority to erect or conftitute and ellablifti fuch •' and loe many courts of judicature and publique juftice with- *« in the faid proviiice and plantacon within your government, « as you and they ftiali think fit and neceffary for the hearing

" and

APPENDIX. Ixvil

*• and determining of all caufes, as well criminall as civlll, ac- *' cording to law and equity, and for awarding execucon there- " upon, with all reafonable and neceffary powers, authorityes, ** fees and priviledges belonging unto them," cauied his com- miffion to be entred in the council! bookes there and delivered a copy thereof to the general afTembiy without the words \_and they'^, affirming tbofe words to have been put in by miftake of the clerk in engroffing the commiffioii ; whereby the faid Mr. Cranfield has enhanced the fees upon tryals there to his own advantage, as will appeare in one of the articles following.

2. Although your majelly has been gratiuufly pleafed by your faid commiirion to interpole between the inhabitants of the faid cullony and Mr, Robt. Malon, prtts7ided proprietor thereof, and to direil,

' I'hat on non -agreement between thofe inhabitants and Mr. Malon, the faid Mr. Cranfield (hould interpofe, who if he couid not end the differences between, was by the laid com- miffion dirc6fe-i to tranfmitt to England iuch cales impartially ftated, with his opinion and reafons on the fame, that your majeily with advice of your privy counciil might heare and de- termine the fame.' That neverthelefs the laid Mr. Cranfield, inftead of keeping himfelf indifferent between the contending parties Mr. Mafon and the faid inhabitants, hath by purchafc or mortgage from Mr. Mafon made himfelf owner of the pro- vince : And the better to come by what he hath foe purchafed, he h ith under colour of the authority of your majeily's com- miffion made courts, whereof both judges and jurors have a- greed with Mafon for their own lands, and fome of them have taken grants from Mafon of other mens lands. That neverthe- lefs this jury is continued from month to month and kept for this fervice.

That Mr. Mafon has caft forty perfons on fait by that jury, the court I'ejecllng all pleas, and though the verdict be given for Mr. Mafon according to your majefty's royal comm.iffion (which diredts as before) and the judgement entered accord- ingly, yet upon the execucon the inhabitants are turned out of their lands and houfes, as it hath fared with V/m. Vaughaii and others, and deprived of all fubfiftance.

3. That the charge of every action is raifed from 20s. to 61. which is exadled in money, and thougli goods tendered (as ufiial) the perfons are imprifoncd for want of money in kind, and Mr. Cranfield himfelf takes of the 61.

4. That the faid Mr. Cr .nn-id under colour of trying ac- tions, has by fetting the fees foe extraordinary^ forced feverall

to

Ixvlu APPENDIX.

to quitt thefr claimes for want of money to carry on the fui'te.

5. That the faid governor taking upon himfelf the power of priceing money not entrudcd with him by his commiffion, hath agalnft the agreement of the general affembly, by advice of his coiinciil, ordered pieces of eight however wanting in their weight to pafs for 6 Hiillings.

6. That the faid governor, without good and lawful caufe, hath taken iipon him to commit feveral men to prifon, parti- cularly Wm. Vaughan, until bonds given for their appear- ances and good behaviour, when nothing further objedled to them.

7. That the faid governor and his council took upon them to make laws and put them in execucon without the general affembly.

8. That to prove the articles above againfh Mr. Cranfield, the complainants have fuccefslefsly endeavoured to procure warrants or fummonr. from the fecretary to fumon their wit- reifes to be fworne (which cannot otherwife be foe) the feek- ing of fuch fummons has occafioned being bound to the good behaviour, foe as the complaining of a wrong done one does, under Mr. Cranfield's management, but draw a new punifh- ment on the afflifted, but noe manner of redrefs.

All which the faid Nath. Weare humbly lays at your ma- jefly's feet, imploring your majefly's prcfent heareing what your petitioner is able to make out of the premifes, and or- dering fome commiffion to examine the truth of the refidue of the faid allegacons (fince your majefly's governor on the place will not admit of fuch evidence.) That on the return thereof your majefly's fubjecls in that province may find fuch releife as to your princely wifedom fhall feeme meete.

And that in the mean time Mr, Cranfield be admonifhed not to exceed the bounds of his commiffion.

And your petitioner fhall ever pray, &c.

No. XXXV. Att the court at Hampton court, This nth day of July, 1684. By the king's moll excellent majefty and the lords of his ma- jefly's mofl honourable privy councell. PON reading this day at the board the peticon and complaint of Nathaniel Weare, inhabitant and planter in his majcily's province of New-Hampfhire in New-England in America, in bchalfe of hinifelfc and others his majefly's loy- all fubjcils and inhabitants and planters there, whofe names

are

APPENDIX. Ixlx

are fubfcribed to the fower peticons thereto annext againft Ed- ward Cranneld efq. his majcfty's governor thereof;

His majefty was pleafed to order that the faid peticon and complaint be, and they are hereby referred to the right honour- able the lords comittees of this board for trade and foreigne plantacons, who are to confider thereof and to report to his ma- jefty att this board their opinion tliereupon, and then his ma- jefty will declare his further pleafurc.

Philip Lloyd, A true coppie.

\^T/:'e t'wo preceding papers are in the hands oj the Honour able Prejident fVeare.^

No. XXXV t. Letter from the lords of trade to Governor Cranfidd.

AFTER our hearty commendations to you. His majefty having received the petitions and complaints of diver? of his fubjeds inhabitence and planters of New-FIampfhier againft you for certine irreguler procedinges alleged by them to bee had by you in the execution of your commiffion and admini- ftration of juftice: and it being ordered in councell that the faid petitions and complaints bee examined and concidered by us that wee may report to his majefty our opinions, to the end his majefty's further pleafuer may be fignihed thereupon. Wee have therefore herwith fent unto you copies of the faid petiti- ons and reprefentations that you may return your particular anfwer thei-eunto with all fpeed, and that wee may the better diftinguifh the truth of what is aieaged or complained of, and of fuch defence as you ftiall be able to make. Wee doe think fitt that all perfons whatfoever, have free libertye to depofe upon oath what they know, and to take copies of all records in thcfe or any other cafes relatinge to yourfeife or the faide province, and that the faid depofuions bee taken in wrightinge by any member of the councell or juftice of the peace m that collony, whome you are duly to authorize thereunto, and as we cannot beleve that you will put any reftriftion or difcourage- ment whatfoever upon the takinge and tranfmittinge of all ne- ceft'ary proofs and records, attetted by the proper officers for the clearinge of truth in the matte. s complained of, foe we thinke it requifite that copies of all afiidavcs bee interchange- ably,delivered, to each party concerned as foon as they fhall be taken, and fo not doubtin^c of your complyance herein wee bid you hartyly farewell.

From

]xx APPENDIX.

From the councell chamber in Whitehall this 23d day of July 1684. Your very loveing friends

Radnor. Guilford. C S. Halifax, C. P. S.

Craven. Rochefter. Ernie. Godolphin.

L. Jenkins. To our very lovinge friend Edvi^ard Cranfield efq. lieutenant governor and commander in chief of his majeily's province of Nevv-Hampfhier in Newr-Eng- land. A true copy,

William Blathwayt. \T'hls paper is in the coiificil minutes 2d book.~\

No. XXXV II.

At the court at Whitehall the 8th of Aprill, 1685. Ey the king's moll excellent majefty and the lordsofhis majefty's moft honourable privy counclll. PON reading a report from the right honourable the lords of the comittee of trade and plantacons in the Vi'ords following :

May it pleafe your majefty, Having received an order in council dated the nth of July laft, upon the petition and complaint of Nathanael Weare, inhabitant of your majeily's province of New-Hampfhire in New-England, in the behalfe of himfelfe and others your ma- jelly's fubjects and planters there, againft Edward Cranfield, Efq. your majefty's governor of that province, whereby wee were diredled to report our opinions upon the faid complaint Wee did accordingly tranfmit a copy thereof to the faid Ed- ward Cranfield, and upon receiving his anfwer, and hearing what the complainants could alleage and make out againft him ; Wee find that the faid Edward Cranfield has not purfued his inftruftions in reference to the propriety of foile which Robert Mafon, Efq. claimes in that province, inafmuch as the faid Edward Cranfield by his inftruflions is direfted that in cafe the inhabitants of New-Hampftiire ftiould refufe to agree with the faid Mafon, he fliould interpofe and endeavour to reconcile all differences, which if he could not bring to effeft he was then to fend into England fuch cafes fairly and impartially ftated, together with his opinion, for your majefties determinacon ; v.'herea3 inftead thereof he has caufed courts to be held in New- Hampfliire, and permitted titles of land to be decided there, and iinreafonable cofts to be allow'd, without firft reprefcnting the particular cafes to your majeftie. As to the complaint of his having raifed the value of coines againft the laws of the

affembly

APPENDIX. Ixxi

aflembly there, wee are moft humbly of opinion that although it be your majelly's undoubted prerogative to fet and deter- mine the price and value of coynes within your dominions, yet your majefty's governor ought not to have made any alterations therein without having received your majelly's fpeciall direc- tions. All which wee humbly propofe may be fignified to him by your majefty's order, and that the differences depending betvs^een the faid Robert Mafon and planters in that part of New-Hampfhire may be at length decided. Wee further of- fer that William Vaughan, one of the complaynants attending this board, may have opportunity allowed him of appealing to your majeftie within a fortnight from all verdids and judge- ments given in New-Hampfhire in his private cafe, upon hear- ing whereof and by the relation it has with others your majeity* will be beft able to judge of the right and title of the faid Ro- bert Mafon to that part of the province of New-Hampfhire aforefaid, and upon bringing the faid appeale that all proceed'* ings at law relating to the faid title may forthwith ceafe untij your majefty's further pleafure be knowne.

All which is neverthelefs moll humbly fubmitted. ROCHESTER, ARLINGTON,

HALIFAX, P. OXFORD,

CLARENDON, C.P.S, CHESTERFIELD, BEAUFORT, Council Chamber, 27 March, 16S5.

HIS majeftie in councill was gracioufly pleafed to approve ©f the faid report, and to order that his majefty's pleafufe therein be fignified to Mr. Cranfield accordingly. It was alfoe ordered that Mr. William Vaughan be allowed to appeale to his majeftie within a fortnight from all verdidts and judgements given in his private cafe in New-Hampfhire, according to the faid report. A true copy,

WM. BRIDGEMAN. ^The preceding paper is in the hands of the hou. preftd. Weare^

No. xxxvin.

AFTER our hearty comendations unto you, we have ink obedience to his majefty's comands, received and exa- mined your anfwer to the complaint of Nathaniel Wear, inha- bitant of his faid province of New- Hampshire, in behalfe of himfelfe and others his majefty's fuhjedls and planters there, and having likewife heard what the faid Wear could bring in evidence of the faid complaints, and thereupon reported our opiflions to his majefty, VVee are comandcd hereby to lignifie

£ f tinvor

Ixxii APPENDIX.

unto you, that you have not purfued your lnftru6tions in rff- ference to the propriety of the foyle which Robert Mafon, Efq. claymes in the province of New-Hampfhire, inafmuch as you were direfted that in cafe the inhabitants of New-Hampfhirc fliould refufe to agree with the faid Mafon you fliould inter- pofe, and endevour to reconcile all differances, which if you could not bring to efFeft, you were then to fend to his majefty fuch cafes fairely and impartially ftated, toa;ethcr with your opinion, for his majefty 's determination ; in ilead whereof yoa have cauied courts to be lield in New-Hampfhire, and per- mitted titles of land to be decided there, and unreafonable cofts to be allowed, without firft reprefenting the perticuler cafes to his majefty. And yet although it be his majefty's undoubted prerogative to fet and determine the price and vallew of coyne with in his majefty's dominions, you have not done well in directing any alterations therein without his majefty's fpeciall order : In both which you have been wanting in your duty to his maj,efty. But that the chiefe occafion of difpute that pro- vince may be removed, we are farther directed to acquint you. that as to the differances depending between the faid Robt. Mafon and the planters, his majefty hath been gracioufly pleaf- ed by his order in councill, dat. the 8th of this inftant April!, to permit William Vaughan, one of the complainants attend- ing this board, to appeale to his majefty with in a fortnight from the date of the faid order from all the verdifts and judge- ments given in New-Hampftiire in his private cafe, upon hear- ing whereof, and by the relation it has with others, his ma- jefty will be beft able to judge of the right and title of the faid Robt. Mafon to that part of the province of New-Hampftiire : And his majefty doth likewife thinke fit that upon bringing the faid appeale by the faid William Vaughan, all proceedings at law relating to the faid title doe forth with ceafe until his majefty's pleafure be known. Whereof you are to take notice and to govern your felfe accordingly. And fo we bid you very heartily farewell. From the councill chamber at White- hall, the 29th day of Aprill, 1685. Your loving friends, (Signed.) W. Cant. Bridgwater,

Guilford, C. S. Chefterfield,

Rochefter, Sunderland,

,, Halifax, P. Craven,

Clarindine, C. P. S. Ayleft^ery, Beaufort, ' Midleton,

Lindfliy, Godolphan,

Arlington, J. Ernie,

Huningtqn, Geo, Jaffreys.

Dire£led

Appendix. ixxui

X)irecl;ed to our loving friend Edw. Cranfield, Efq. lieut. governor and comander in chiefe of his ma- jefty's province of New-Hamp(hire in N. England.

No. XXXIX.

AFT E R our hearty comendation : His majefly hath re- ceived the petition and appeale of Wm Vaughan, inha- bitant of New- Hampfhire, from feverall verditls and judgnients given againft him in that province, which being refered to us by his majeily's order in council] of the 29th of Aprill lail, that we fhould examine the allegations thereof, and make re- port of the fame, with our opinion thereupon, wee have ac- cordingly appointed to heare all parties concerned in the fe- verall cafes therein contained, on the firit Tuefday after mid- fummer day which fhall be in the yeare 1686: To which end we herewith fend you a coppie of the faid petition and appeale, which you are to ommun'cate unto Robt. Mafon, efq. and to all others whome it may concern, who are to take notice there- of, and to give their attendance at that time either by them- felves or by their agents fufficiently impovvered by them, to anfwer the faid appeale, and to fubmit to luch judgment here- aipon as his majefty in councill fhall be thouglit (ilt. And you are likewife to permit all perfons to have free acceffe to, and take coppies of all records with in that province relating to the matters in difpute, and to depofe upon oath what they knovv' concerning the fame, which depofitions are to be taken in writ- ing by any of the members of tiie council or juftices of the peace in that province, without any hinderance or difcourag- ment whatfoever, in order to be tranfmited unto us, for the clearing of truth in that appeale. And fo we bid you heartily- farewell. From the councill cham.ber in Whitehall, the 2 2d day of May 1685. Your loving friends,

Gilford, C. S. Rochefier, Halifax, Pr. Clarindiiie,C.P.S. Ormond, Sunderland.

Lieut, gou. of New-Hampfhire, or com- 7 andcr in chiefe for the time being. 3 {The invo preceding papers are in the pojfejjion of John Petshal- hnx), ejquire.'}

No. XL.

To the king;'s mod excellent majefty. The humble petition and addrefs of your majefty's dutiful and loyal fubjefts inhabiting in the province of New-Hamp- Ihire in New-England. ['^^S]

f f 2 Moft

APPENDIX.

Mod liumb!y fiieweth,

HAl' your majei'ly's loyal fubjefts of this province, had for more than lifty yeares been peaceably poffefled of tlie lands ktely challenged by Mr. Mafon, and having found the fame an utter dcfert and foreft land, with exceflive coft and hard labo'ir reduced the fame to a tollerabk fupport of our ftksa a-ivd familyes and lately maintained the fame with a vaft expence of our cdatcs and lives againft the incurfions of a barbarous enemy who had othcrwife reduced the fame to uttei- conFufioii.

That upon his late majelly's declaration and order for the fcttlcment and government of tliis province, wee accounted ourfclves happy for that therein we were by his faid majeftyV nrincely prace and favour, favcd from the unreafonable de- mands which Mr Mafon might have made upon us, by the li- initaiions in the coramiffion for government, wherein it was provided that the faid prefident or governor for the time being,. should ufs all methods by his good advice to fettle and quiet ike people hi the matter of Mr. Mafon's title, or otherwifc impartially to ftate the cafe and report the fame to his majefty,^ that a iinall determination might thereupon have been made by his majefly in councell, which if it had been duely attended had we doubt not long fince by your majefty's juftice and fa- vour putt us into an happy ellate of quiet and repefe.

That notwithdanding his faid majelly's command and limi- tation, the faid Mr. Mafon bath been allowed to purfue many of the inhabitants, in feverall fuites and aftions, wherein the qoverumcnt have taken to themfelves power of an abfolutc iudgment without any regard had to the faid commands and jimiti-tions, and with that excefs and rigor as to afligne the faid Mr. Mafon fometimes tenn pounds, other limes twenty pounds coils, when damages liave been fometimes not above two fiiillings, very fcldoni ten according to the orders and li- mitations abovefaid.

That the faid Mr. Mafon beyond' and befide the faid quit rents, a:id direftly againil his majefty's order in the faid com- nliTun, wherein the tennure of improved land^s is affured to the ter-tenants upon payment of the faid quitt rent, or otherwifc as his majcily in council! fhould determine, hath difpofed or ^ivt:n away the fee to ft-veral perions of fcveral lands which were longe before his challenee fenced and improved brothers, to the great damage and injury of his majefty's good fubjetSsj befide many other irregularities in the management of the go- vernment, to the greatc opprefliou aud deflruftion of trade

withi»

APPENDIX. Ixxv

V .thin your majefly's province, and the utter ImpoveriiTiiniv thereof.

That for the laft two ycare's and upward Jureing the whole management of Mr. Mafon's fuits at law againfl your maj^^fty'; fubjeSs, there hath been generally one jnry returRcd to fervc all the faid iffues with little alterations and almo'l conltantly one foreman, (w'.io for that end wee are apt to fcnre) was ear- ly complyed with by Mr. Mafon for all the Irsuds in his own.^ pofleflion formerly, with addition of fever al other lands to hi.', ■owne proffitt.

That notwithftanding your majefly's late gracious order, and Inhibiting of any further procedure in the cafe of Mr. Mafon's title, until the caufe v.-ere brought before yonr majefty in council!, Mr. Walter Barefoote who was left deputy gover- nour, hath fince the arrival of your majefly's commands per- mitted executions to be extended, and perfons thereupon im- prifoned in caufe^ concerning the faid Mafon's title., with cx- cellive and unreafonabk cofls and damages.

And laflly, whereas your raajelly hath upon complaint mad? .againfl the irregular proceedings done and fuffered, been gra- cioufly pleafed to permit Mr. William Vaughan, one ot the principal inhabitants and merchants in this province, to takp his appeale to your majefiy in council! for reiiefe, againll f-- verall opprelTive judgm.ents, one whereof referrs to the title ot his lands within this province holden in the fame forme with the refl of his majefly's good fubjefts here, wee do with al; humble gratitude acknowledge your majefly's ju ft ice and favo;i.- herein and for that the purfuance and iffue of the faid appert! ■ will therefore neceffarily affedl the whole province and be in- troduSory to the determination of all Mr. Mafon's challenge, wee have judged it our duty in moll humble manner to prof* rat j ourl'elves at your majefiy's feete, and have therefore betrnllerl and fully impowered Mr. Nathaniel V/eare one of the inhabi- tants of this your majefly's province our agent to by bernrr your majefiy and mofl honorable privy council the commo:i cafe and condition of your majefly's poore and diflrcffed fab- jefts in this province, who is fully inflrufted humbly to repre- fent the fame, and the arbitrary and fevere opprefhons wef hav.' laboured under, from which v/ce are well allured of reliefe ';y your majefly's moft jufl and gracious determination, and t > make an humble and entire fubmiflion of ourklves unto your majefty's pleafure, mofl humbly befceching that wee mry henceforward have our perfect and immediate depfndence upo'i your majeily and the crown of England as well in the tennur-^

Ixxvl

APPENDIX.

of our lands as In the affairs of government, which gracious In- fluence of your nnajefty is only able to revive and reftore this- province to its former flourishing eftate and growth, whereby we may at length be made ferviceable to your mod facred ma- jefly and the crowne which wee are devoted to ferve, refolving therein to be exemplary to all other your majefty's fubjedls in the territory of New-England, and for which wee fhall ever. pray, Sec.

[This papsr is in the hands of the hon. Pre/iJcnt lVeare.~\

No. XLI.

At the court at Whitehall the 19th of November 1686,^ L.S.) Prefent, The king's moft excellent Majefty.

Lord Chancellor, Ld Treafurer, Ld Prelident, Duke of Ormond, D. of Albermarle,

D. of Beauford, Ld Chamberlain, Earl of Oxford,

E, of Huntington, E. of Peterborough, E. of Craven,

E. of Powis,

E. of Notlinpham,

E. of Plymouth,

E. of Morray,

E. of Middleton,

E. ofMelford,

E. of Tyrconnell,

Vifcount Stauronberg,

Vifc. Prefton,

Ld Bp of Durham,

Ld Arrundell ofWardour,

Ld Dartmouth,

I^d Dover,

Mr. Chancellor of the exchequer,

Mr. Chancellor of the Dutchy.

UPON readii'^g 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 Novem- ber inftant, fetting forth, that in obedience to his majetty's or- ders In council o*^ the 25th of April 1685^ and the ^d of July laft, they have examined the appeal of Wm. Vaughan from a verdifh and judgment given againft him on the 6th day of No- vember 16S3, in his majelly's courts In Nev/-Hampfliire in New-E.'gland, at the fuit of Robert Mafon Efq. as proprietor of that prc^ i;'ce for certain lands and tenements In Portfmouth in the faid province, and that they having heard tlie fald Robert Mafon and Nathaniel V/eare attorney for the appellant find his council learned In thelavv, are humbly of opinion that his majefty be pleafed to ratify and affirm the verdicl and judg- ment aforefaid.

His majefty In council was pleafed to approve of their lord- fhips faid opinion and repq^'t, and to order the faid verditl: and judgment given againft the faid William Vaughan on the fixth

day

APPENDIX. h:xvll

day of November 1683, in his majefty's courts in New-Hamp- ifhire in New-England, at the fuit of Robt. Mafon, efq. as pro- prietor of that prouince, for certaine lands and tenements in Portfmouth in faid province, be ratified and affirmed, and they are hereby ratified and affirmed accordingly.

WM. BRIDGEMAN. Vera copia, per Richard Partridge, clerk.

Copy as on file in the cafe,' Allen vs Waldron,

Exam, per Geo. Jaffrey, CI.

No. XLII.

Four letters or petitions from John Hogkins, co7nv;o7ily called Hakins, one of the fachems of the Pefiacook Indians, \froin the originals i?2 the Recorder s effice.~\ Honour gouernor my friend. May r5th, 1685.

YOU my friend I defire your worfliip and your power, be- caufe I hope you can do fom great matters this one. I am poor and naked and I have ao men at my place becaufe I afraid allwayes Mohogs he will kill me every day and night. If your worfhip when pleafe pray help me you no Itt Mohogs kill me at my place at Malamake river called Panukkog and Nattukkog, I will fubmit your worfnip and your power. And now I want pouder and fuch alminifhon, fliatt and guns, becaufe I have forth at my horn and I plant theare.

This all Indian hand, but pray you do confider your humble fervani, JOHN HOGKINS.

Simon Detogkom, Peter 3 Robin,

Jofeph X Tra{l<e, Mr. Jorge -}- Roddunnonukgus

King ]^ Hary, Mr. Hope X Hoth,

Sam J^ Linis, John •■•!■- Toneh,

Wapeguanat]^ Saguachuwafhat John a Canowa, Old Robin J^, John x Owamofimmin,

Mamauofgu-es 3 Andra, Natonill f Indian.

Another from the fame. Honour Mr. Governor, May \t, 1685.

NOW this day I com your houfe, 1 want fe you, and I bring my hand at before you I want fiiake hand to you if your worfliip when pleafe then you receve my hand then fliake your liand and my hand. You my friend becaufe I remember at old time when live my grant father and grant mother then Englifhmen com this country, then my grant father and Eng- liihmen they make a good govenant, they friend allwayes, my grant father leving at place calkd Malamake rever, other name

chef

jxxvlli APPENDIX.

chef Natukkog and Panukkog, that one reycr great many rames, and I bring you this few flcins at this firft time I will giv- yon, my friend. This all Indian hand. iToe rejl as before.-\ JOHN + HAWKINS, Sagamor.

Another frojH the fame. Pleafe your worfhip, I WILL intreat you matther you my friend, now this if |ny Indian he do you lorig pray you no put your law becaufe fom my Indins fooll, fom men much love drunk then he no Jcnow what he do, may be he do mifchif when he drunk if fo pray you muft let me know what he done becaufe I will ponif him what he have done, you, you my friend if you defire my t)ufinefs, thenfent me I will help you if I can.

Mr. JOHN HOGKINS.

Another from the fame. Mr. Mafon, PRAY I want fpeake you a few words if your worfliip when pleafe becaufe I come parfas [on purpofe^ I will fpeake thij governor but he go away fo he fay at laft night, and fo far I underdaiid this governor his power that your power now, fo he fpeake his own mouth. Pray if you take what I want pray com to me becaufe I want go horn at this day.

Your humble fervant, May i6, 1685, JONN HOGKINS, Indian fogmor.

No. XL 1 1 1. J^etter from Capt. Hooke, advijmg of danger frojn the Indians, Capt. Barefoot, Sir,

THIS is to informe you that jufl now there cam to me a poft, wherein I am fully informed that there is juft ground to feare that the heathen have a fouden defyne againft us ; they havinge lately about Sacoe affronted our Englifh inhabi- tants there by threatening of them, as alfoe by killinge theyre doggs ; but more pertickularly in that on Friday, Saturday, and Lord's day laft they have gathered all theyre corne, and are removed both pack and packidge. A word t© the wife is enough. The old proverb is, forwarned forearmed. Myfelf and reft in commiflion with us are fourthwith fettine;e ourfelves in a pofture, and tomorrow our counfell meet for to confider what is needful to be done. Not els, beinge in great haft, butt remayn, Sir, your obliged fervant,

iCittery, 13 Aug. 1685. . ■ FRANCIS HOOKE.

No. XLIV.

APPENDIX. hxix

No. XLIV.

Report of perfmt fent to enquire into the above matter. /"iV*

date or ftgnature.) To the honourable Walter Barefoot, Efq. and the councell of Great- Ifland. Gentlemen,

ACcordinge to your command and order to me, bearlnge date the 2d inftant, 1 have to the utmoft of my power obferved every particular. Upon our arrival there on Friday night they vjrere all very courteous to us, and in the morninge my orders were read which was very kindly received by them, and the reafons why they deferted the places where they ufu- ally abode among the Englifh was,

1. That four Indians came from fort Albany to the fort at Pennicookc and informed them that all the Mohawkes did de- clare they would kill all Indians from Uncas at mount Hope to the eaftward as far as Pegypfcut.

2. The reafon of Natombamat, fagamore of Saco, departed his place was, becaufe the fame news was brought there as himfelf declared upon reading my orders at Pennicooke.

3. Natombamat, fagamore of Saco, is gone to carry the In- dians downe to the lame place where they were before depart- ed from u5, on Sunday morninge, and defired Capt. Hooke to meet him at Saco five days after.

4. Both fagamores of Pennicook, viz. Wannilanfet and Me- fandowit, the latter of which is come downe, did then declare they had no intention of war, neither indeed are they in any pofture for war, beinge about 24 men befides fquaws and papofes.

5. Afl<ing the reafon why they did not come among the Englifh as formerly, they anfwered they thought if the Mo- hawkes came and fought them and they ihould fly for fuccour to the Englifh, that then the Mohawkes would kill all the Englifh for harboring them.

No. XLV.

Articles of peace agreed upon the eighth day of September, in the year of our Lord 1685, between the fubjefts of his majefty king James the fecond inhabiting the provinces of New-Hampfliire and Maine, and the Indians inhabiting the faid provinces.

IT is agreed there fhall be for the future a lafting peace, friendfhip and kindnefs between the Englifh and the In- dians, and that no injury fhall be offered by the one to the ether. That

Ixxx APPENDIX:

That if any Englifhman doth any injury to an Indian, upon complaint made to any juftice of peace the Englifliman fhall be punifhed, and the Indian fhall have prefent fatisfaftion made him. And if any Indian doth an injury to the Englilli or threaten to do any injury, the fagamore to whom that Indian doth belong, fhall punifh him in prefence of one of the king's juftices of the peace.

That if any other Indian fhall defigne any mifchief or harme to the Englifh, the Indians inhabiting the aforefaid provinces ihall give prefent notice thereof to the Englifh, and fhall aflTift the Englifh.

That fo long as the aforefaid Indians fhall continue in friend- fhip with the Englifh, they fhall be protefted againfl the Mo- hawks, or any others, and may freely and peaceably fet downc l>j the Englifh near any their plantations.

Robert Mafon, Walter Barefoote,

Robert Elliot, Henry Green,

John Davis, Francis Hookc.

The mark of f Mefandowit. The mark -{- of Wahowah, alias Hopehood. The mark ^ of Tecamorifick, alias Jofias. The mark co of John Nomony, alias Upfawah, The mark W of Umbefnovvah, alias Robin. We whofe names are hereunto written do freely confent and engage to comply and perform the within written articles SB our neighbours have done, and do further engage as fol- loweth :

Laflly, That the Indians fhall not at any time hereafter re- move from any of the Englifh plantations with their wives and children before they have given fair and timely notice thereof unto the Englifh, from whence they do fo remove; and in cafe the faid Indians fhall remove with their wives and chil- dren without fuch fair and timely notice given to the Englifh, that then it fliall be taken pro confelTo that the Indians do in- tend and defigne war with the Englifh, and do thereby declare that the peace is broken ; and it fhall and may be lawful to and for the Englifh, or any on their behalfs, to apprehend the faid Indians with their wives and children, and to ufe adls of hofli- lity againit them until the fagamores fhall make fud fatisfac- tioh for all charge and damage that may arife thereby.

John Davis, Francis Hooke, The mark of Netambomet, fagam. of Saco. The mark ^ of Wahowah, alias Hopehood«

The

APPENDIX.

Ixxxi

The mark \ of Ned HIggon.

The mark n. of Newcorae.

Kancamagus\ alias John Hawkins, fagamore, figned

this inllruAent, 19 yber, 1685, his G mark. Bageffon, aha\ Jofeph Traflce, O his mark. And. agreed toWl within written.

Teftis, JOSEPH RAYN.

No. XLVL Portfmouth, the 7th of Sept. 1687. To the much hoifed cort now fiting in faid Portfmouth, for th\prouinc of Newhampfhir, The humbel pethon of William Houchins, on of his ma- gefty fubgift&telonging to faid prouinc, humbly feweth for aduic, ade \d releff in his deplorabell eftat and con- dition. \

THAT whareas\has plefed God to lay his hand uppon him, and that V Jg Jn fuch a condition not being abell to help him felfr, as t(%e geting a lining or proquering help or remedy for my deVmpei-^ being low in the world, and hauing ufeed all the m^es and aduic pofabell for nere fine year patt ; hauing bin inrmej jjy fona that it is a deflemper caled the king's euell*, ican not be qureed but by his ma- gefty. Hauing littell or ikjng in this world, if my lifffhould go for it am not abell to trifport my felff for England to his magefty for releff; tharefFoUjrnbly. ^pj hartly beg the help, ade and afilbnc of this hoa^ ^,^y^.^^ jh^t t}jay would fo far commiferat my deplorabell cAj^j^j, ^g order fom way ether by breff or any other way thL^jg^ honers fhall think moil meet to moue the harts of all d^,-, people with compation to befto fomthlng uppon niee, toL^j^fport mee for England, ^har, God willing, I intend \^^ ^j^jj jq goo iff polabell,

but

* This petition is inferted mer\,j ^ curiojity. It was a received opinion in that day that thiy^^^j^p^j. ^-^n^.j //,^ kings evil could be cured only by the royal ^/^_ y/,^ folloiving ad- vertifement taken from an old ^°'K gazette is of the fame nature. _ \

" Thefe are to give notice, that the\^^f^^,j. ^rQ^u^-pig rwannr, his majefty nuill not touch any moreforX-^ '^^yy toivards Mi- chaelmafs. And his viajejiys ^hirurgl^^j^^.^ to prevent his majefly being defrauded, that greater \.^ taken fir the fu- ture in rcgiftring certip.cates giviti tofuc\j,,„ fgistouckcdr \ond. Caz, May 29, 1682.

hxxlt APPENDIX.

but without help not pofabell. This humbly Icuing my felff

ir the fad condition I am in, trufting in God and youer ho-

•s for help and aduice, fubfcrib youer por deplorabell far-

WILLEAM HOUCHINS.

No. XLVir.

A letter from Secretary Addington to MajotlValdron, appriz- ing him of his danger front the fdians.

\The original in the hands of the Hon. ThomaWeflhrook WaldronJ^

Honble Sir, Bofln, 27 June 16B9.

THE governor and councill haveii;" this day received a letter from Major Henchman of 'helmsford, that fomc Indians are come into them who repoi that there is a gather- ing of fome Indians in or about Percooke, with defigne of mifchieie to the Englifh. Among t- ^^id Indians one Haw- kins is faid to be a principle defig '*» 'ind that they have a particular defigne againft yourfelf a^ Mr. Peter Cof5n, which the councill thought it neceffary p^^ntly to difpatch advice thereof to give you notice, that '^i ^^^s.t care of your owa fafeguard, they intending to er^^our to betray you on x pretention of trade.

Pleafe forthwith to fignify t-' import hereof to Mr. Coffin and others ao you fhall thinkf'^^^^^ry, and advife of what informations you may at any/"^ receive of the Indians mo? tions. By ord i" councill.

I.e. ADDINGTON, Secy. For Major Richard Waldr a"d Mr. Peter")

Coffin, or either of the att Cochecha ; C

thefe with all poffible ^^' J

:>. XLVIIT.

Copy of an addrejs ofii^"^''"^^ ^^«'"^ io ^teen Anne, Decern, 6, I " [Council minutes.^

To the '^"'^ '"oft excellent majefly. The addrcfs of yo-'l^J^^y's moft dutiful and loyal fubjec'ts, the governor, ^'^''' ^"^ reprefentatives of your majefty's province of Ne""^P^'i'e '" New-England, convened in general aflemb

Moft

APPENDIX.

Moft humbly flieweth.

Ixxxiii

THAT k the ftiidft of the great diftrcffes, that your ma- jefty's iitoft dutiful and loyal fubje As of this your majefty'g province were involved in, by the frequent incurfions of our ill neighbours the Trench of Canada and their dependen^t Indians, to the great huA of our plantations and fettlements, your fa- cred majefty has Wen pleafed of your royal bounty and com- paffion to fupply Vs with a number of cannon and ftores for our defence, the nceipt whereof has invigorated and encou- raged us in the defence of our frontiers, and our marches a- gainft the Indians b their fecret recefl'es in the woods, which are always and ftillWcefsfully put forward by your majefty 'a governor for our fecWity, to our perfedt fatisfadion.

That while we wire thus defending ourfelves and families, againft the common caemy of the repofe of all your majefty'* Britifh fubjefts in theyantations abroad as well as in Europe, we were purfuedby th, challenge of Mr. Allen for the landi and foil under our feet. Which we have this fixty years defend- ed with our lives and efttes, as well as the affiftance of our good neighbours of youApajefty's colony of the Maflachufetts, your majefty of your royi^^and princely regard to us has dif- mifled that challenge, wKVh will forever encourage us to our utmoft power to defend thivyour majefty's province, fince we may now hope to leave oui^hildren in the pofieffion of the country, with an entire depndance upon your niajefty and your royal fucceffors withoutW danger of any further unjuft challenge from thofe perfons th\ have fo long difturbcd us with their claims. \

And whereas your majefty ouof a "racious reo:aTd to this and other your provmcesm thele Wg of America, was pleafed to form a defign againft the Fren\ fettlements at Canada and Nova-Scotia the laft fummer, but Wnore important fervice in Europe requiring your majefty's fves which were intended hither, whereby that defign is lai(^i(3e for the prcfent ; we moft humbly pray your majefty thai ^lay confift with your royal pleafure to revive the faid defig, and that the expediti- on lately intended maybe profecutedf&jnably the next fpring; and that your majefty's arms in AmerV f^ay have a glorious fuccefs as in Europe, to the utter conr„i5 of your enemies, and lafting repofe of all your majefty's ^j fubjeiti inhabiting this continenw

Ijcxxiv

APPENDIX^

We mod humbly render our everlafting praifes to Almighty God for your majefty's moft glorious fucceffes againft the tyran- ny and ufurpation of the French king and heartily pray for your majefty's long life and happy reign and the contirnuance of the proteftant fucceffion, for the benefit of your ma,'efty's fubjedls of Great Britain, of all your majefty'sdominionsand plantations, and of all Europe who have had the unfpeakable benefit of your majefty's unparalleled reign.

We are your majefty's moft loyal and okdient fubjedls.

Mark Hunking, fpeaker. Signed in prefence and by order of theHoufe of Reprefentatives.

Cha. Jtory, fecretary. Signed ji the prefence and by orderof the Council.

i^ortfmouth, in Nevv-Hampftiire, 6th Dcember, 1709.

END OF THE FIRT VOLUME*