YALE UNIVERSITY LIBRARY *0vmdd §^m> DOCUMENTS AND EECOEDS RELATING- TO THE PROVINCE OF NEW-HAMPSHIEE, FKOil THE EARLIEST PERIOD OF ITS SETTLEMENT: Xe33-X686. PUBLISHED BT AUTHORITY OF THE LEGISLATURE OF NEW-HAMPSHIRE, ~VOX^JJlVLH I. COMPILED AND EDITED ET In^ATHAIn^IEL BOUTON, D. D., CorrcsponOing Secretary of the New-Hampshire Historical Society. COXCOED : GEOEGE B. JEKKS, STATE PRINTER. 18G7. INTRODUCTION. GOVERNORS MESSAGE. In liis message to the Legislature of New-Hampshire, June 7, 1866, His Excellency, Frederick Smyth, GoYcrnor of the State, said : " I deem it my duty to direct your attention to the present condition of our Provincial Kecords, for the period between 1680, when New- Hampshire became a separate royal Province, to the year 1775, when her people adopted a State Government. " These records are of great importance. Among other things, they contain a large portion of the Town Grants, the Provincial Laws, and all measures taken by the people of New-Hampshire in the prosecution of the French and Lidian wars ; yet, valuable as they are, they have liever been put in a condition to render them useful, or insure their preservation. A part of them are in bound volumes and a part upon loose sheets, and they are all in manuscript, much of which it is diiBcult to decipher. They are greatly scattered, also, some portions being found in the office of the Secretary of State, and some in the archives of the Historical Society, and other parts among the Court Papers in different counties, and elsewhere. The work of arranging and index ing these, commenced some years ago by the late John Farmer, Esq., at the instance of the Legislature, should be continued ; and, when properly prepared, should be printed, and thus rendered of easy access. "An examination of the last two volumes of the New-Hampshire Historical Society's collections— the expense of which was borne in part by appropriations made by former Legislatures, will show the desirableness and importance of the work proposed,— containing as vi INTRODUCTION. they do 'the Records of the Committee of Safety' during the whole period of the Revolution, and Provincial Records, Court Papers, and the Province Laws, from 1680 to 1692. "IMuch credit is due to the officers of the Society, and especially to its Corresponding Secretary, Rev. Dr. Nathaniel Bouton, for the patient labor gratuitously bestowed on this valuable work. In prosecuting to completion the enterprise thus auspiciously commenced, New-Hamp shire would but be following the example already set by other States." SELECT COMMITTEE. On the 14th of Jime, a select committee was appointed on that part of the Governor's message that related to Province Records : namely, Benjamin Gerrish, jr., Dover ; Nath'l G. Upham, Concord ; John M. Hayes, Salisbury ; Ansel Dickinson, Winchester ; Adoniram J. Patter son, Portsmouth; Z. S. Barstow, Keene ; Richard H. Hopkins, Chester field; George W. AA^eston, Windham; Horace Eaton, Hillsborough; and William Child, Bath. JOIXT RESOLUTION. On the 28th of June, Mr. Gerrish, from the aforesaid Select Com mittee, reported the following Joint Resolution : namely. Resolved hy the Senate am) House of Representatives, in General Court convened, That his Excellency, the Governor, be hereby authorized and empowered, with the advice and consent of the Council, to employ some suitable person, and fix his compensation, to be paid out of any money in the treasury not otherwise appropriated, to collect, arrange, tran scribe, and superintend the publication of such portions of the early State and Provincial Records, and other State Papers of New-Hamp shire, as the Governor may deem proper; and that eight hundred copies of each volume of the same be printed by the State Printer and distrib uted as follows : namely, one copy to each City and Town in this State, one copy to such of the Public Libraries of this State as the Governor may designate, two hundred copies to the New-Hampshire Historical Society, and the remainder placed in the custody of the State Librarian, who is hereby authorized to exchange the same for similar publications issued by other States. INTRODUCTION. VII On the 3d of July the above Joint Resolution was passed by the House ; on the 5th by the Senate, and was approved by the Governor July 6th. commission. Agreeably to the foregoing joint resolution, the Governor and Coun cil made out the following Commission : To Nathaniel Buutox,* Greeting : Know You, th.at we, reposing especial trust and confidence in your fidelity and ability, have constituted and appointed yon, the said Nathaniel Bouton, Editor and Compiler of Provincial Records, hereby giving and granting unto you all the power and authority given and granted by the Constitution and Laws of our State, agreeably to an Act of the Legislature, approved July 6, 1866 :. To have and to hold THE SAID OFFICE, with all the powers, privileges and emoluments to the same belonging, for the term of years : provided you are of good behavior during said term. In testimony whereof, we have caused our Seal to be hereunto afiixed. Witness, Frederick Smyth, Governor of our State, the thirty-first day of August, in the year of our Lord one thousand eight hundred and sixty-six, and of the Independence of the United States of America the ninety-first. FREDERICK SMYTH. By his Excellency's command, with advice of Council. Walter Harriman, Secretary of State. State of New-Hampshire. Merrimack ss. On the eleventh day of September, one thousand eight hundred and sixty-six, the said Nathaniel Bouton took and subscribed the oath of oflice as above named. Before us : Peter Sanborn, \ Justices of the Peace Nathan W. Gove, i Quorum Unus. *• Tlie title " Esquire," in the original form, is here omitted. EDITOR'S PREFACE In preparing this first volume of Provincial Papers of New-Hamp shire, I have aimed to collect and embody all rehable historical facts, original papers, documents and records, that could be found relating to the early settlement of the Province, and to its condition from 1623 to 1686. The earliest original papers aJre contained in a bound manuscript volume, in the office of the Secretary of State, labeled " Province Records, Book I," " CouncU and Mis. Papers, 1631-1756." From the first portion of this volume every thing has been copied that was pre sumed to be of public interest. Relative to the period from 1623 to 1631, we have no original records, but only such statements and facts as could be gathered from early historians, Winthrop, Hubbard, Prince, Morton, Belknap, &c., and from journals of voyages of an early date. This portion of our Province history is involved in considerable ob scurity. From 1641 to 1679, the four settlements that composed the Province of New-Hampshire, namely, Portsmouth, Dover, Hampton and Exeter, were under the jurisdiction of Massachusetts ; consequently, we have no records relating to that period, except what are connected with, and contained in, the Records of the Massachusetts Colony. All those records, so far as they relate to New-Hampshire, have been carefully copied, revised, and are contained in this volume. Some very valuable papers have also been copied from " Documents relating to the Colonial History of the State of New-York." The " Court Papers," contained in this volume, were copied from bound MS. volumes in the Register's of&ce, in Exeter, N. H. In transcribing and preparing matter for the Press, I have aimed to preserve the exact language of the original or copy before me, particu larly has this scrupulously been done in writing proper names. In no case have I changed the construction or grammar of a sentence, or even a word, whether correct or not. For the most part likewise, in copying X editor's preface. original papers, I have followed the ancient orthography, capitals and abbreviations ; but inasmuch as there is no uniform rule in this matter among copyists or printers, and the utility of it is very doubtful, I have felt at liberty, in frequent cases, to follow the modern orthography, as better for the reader and more convenient both for the copyist and printer. As Editor I have not felt myself obliged to furnish notes or comments on the text, beyond what was necessary, in some cases, for explanation or elucidation, nor to express an opinion on matters contained in any paper or record. AVhen the text is doubtful I have signified it by an interrogation mark, or by an italicised word in [ ]. The Editor's notes are always designated by — Ed. Quotations or extracts from other authors are duly credited. The Editor respectfully acknowledges his personal obligations to his Excellency, Frederick Sjiyth, Governor, — upon whose recommenda tion and under whose auspices this work was commenced, — for his courtesy and kindness, and for the uniform interest he has manifested in the successful accomplishment of the undertaking. Likewise, not only is the Editor, but the public generally, under great obligations to Hon. Samuel D. Bell, of Manchester, late Chief Justice of the State, for essential aid in procuring and furnishing materials for this volume, especially for collecting and arranging the "Ancient Grants," as also for his counsel in the preparation and arrangement of the volume. To the Hon. Chandler E. Potter, of Hillsborough, the editor is in debted for aid in deciphering defaced and mutilated manuscripts, and for copies of valuable papers in his possession. To the Hon. Walter Harriman, Secretary of State,* and his Deputy, and to the State Librarian, the editor is under much obligation for facilities afforded him of access to original papers, and books for reference. To the candid judgment and acceptance of the People of New- Hampshire, this first volume of Provincial Papers is most respectfully submitted, and humbly commended by their servant, the Compiler and Editor, NATHANIEL BOUTON. Concord, June, 1867. •Since elected Governor. GENERAL CONTENTS, VOLUME I. PAGES. Preliminary Notices, 1-4 Ancient Grants, &c., Capt. John Mason's AVill, ... 4-55 The Wheelwright Deed, 56-60 Original Province Papers, 1631 to 1650, .... 61-102 Miscellaneous, Historical items, 103-107 Facts relating to the early settlements— Portsmouth, Dover, Exeter and Hampton— 1631 to 1641, . . . 108-153 Documents and Records relating to New-Hampshire from 1641 to 1680, 154-372 Papers relating to the visit of the King's Commissioners : Copied from New- York Colonial Documents, . . 245-264 Copied from Massachusetts Colony Records, . . . 265-298 Documents relating to Indian troubles, .... 353-365 Names of Deputies from New-Hampshire to General Court of Massachusetts, 369-372 Commission of President John Cutt, 373-882 Province, Capital, Criminal and General Laws, . . . 382-408 Addresses of the President and Council to the King, &c., . 409-413 Province affairs — witchcraft, rates, &c., 413-433 Edward Cranfield's Commission, as Governor, . . . 433-443 Instructions to Cranfield, 443, 444 Province Laws, under Cranfield, 444-455 Affairs of the Province, under Cranfield's Administration, . 455-575 t Petition of the Inhabitants against Robert Mason, . . 575-578 Walter Barefoot, Deputy Governor, 579-590 Letters from John Hogkins, Indian Sachem, . . . 583-585 V Joseph Dudley's Administration, President of New-England, 590-601 [See General Index at the end.] THE PROVINCE OE NEW-HAMPSHIEE, FROM 1623 to 1686, PEBLIMESTAEY NOTICES. BT THE EDITOR. New-Hampshire received its name with the G-rant to Capt. John Mason, November 7, 1629 ; but previous to this time voyagers along the coast had landed on the shores of the Piscataqua ; grants had been made of portions of the terri tory, and settlements had been begun in several places on our soil. Historically, facts may be mentioned in the following order : The first voyager to our shores, of whom we can find any record, was Martin Pring, who, in 1603, came here with a ship of fifty tons and thirty men and boys ; and a barque of twenty- six tons, Capt. William Brown, thirteen men and a boy. This small fleet was fitted out under the patronage of the mayor, aldermen and merchants of the city of Bristol, England, to prosecute the discovery of the northern parts of Virginia, as the whole country was then called. The flag-ship was called the Speedwell, and the barque the Discoverer. They first toughed at one of the islands near the entrance of Penobscot Bayj then visited the mouths of the Saco, Eiennebunk and York rivers, which Pring says they found " to pierce not far into the land." 2 NBW-HAMPSHIKB. They next proceeded to the Piscataqua, which Pring calls the westernmost and best river, and he explored it ten or twelve miles into the interior.* This visit was raade in the month ot June, 1603. In the summer of 1605, the coast of New-England was partially explored by Samuel de Champlain, who sailed from Havre, in Prance, in March of that year. He made the Piscat aqua Bay, July 15, 1605 ; discovered the Isles of Shoals, and is said to have landed, the next day, at a place called "Cape of the Islands," which probably is the same now known as Odiorne's Point, in the town of Rye, N. H. ; thence, sailing on the 17th, he discovered " a very wide river," to which he gave the name of "Riviere du Gas," which was probably the Merri mack river. f In 1614, Capt. John Smith ranged the shore from Penobscot to Cape Cod, and in this route discovered the Isles of Shoals, to which he gave the narae of Smith's Isles; and also the river Piscataqua, which he found to be " a safe harbor with a rocky shore." Returning to England he there published a descrip tion of the country, with a map of the sea coast, which he presented to Prince Charles, who gave the country the name of New-England. J Hubbard|| speaks of the Piscataqua as a "river of noat, which has been frequented ever since the country was first planted, by such as carae this way for traificke with the inhabitants, natives, and others, that have seated themselves in several plantations about the uppermost branches thereof. The channel is very swift and spacious, fit for vessels of great burden for the space of near twenty miles, where it divides itself into many considerable bays and small branches, whose streams are in their passage obstructed with falls of broken rocks, that put a stop to such as at the entrance might, by the helpe of its streams, be in hopes of aspiring higher into the inland parts of the country." * Prince's Annals of N. E., p. 102 ; Boston, 1826. Brewster's Rambles about Portsmouth, p. 9. f Doc. History of N. Y., vol. 9, p. 267. Potter's History of ]\Ianches- ter, pp. 6, 7. % Parm. Belknap, vol. 1, p. 2. II Hub. History, p. 16; Mass. Hist. Coll,, vol. 5. PRELIMINARY NOTICES. 3 The two most prominent characters that appear in our early Provincial histoiy, are Sir Ferdinando Gorges and Capt. John Mason. Dr. Belknap says : Sir FERDIXANDO GOEGES " Had been an active officer in the navy of Queen Elizabeth, intimately connected with Sir Walter Ealeigh, of whose ad venturous spirit he had a large share. After the peace which King James made, in 1604, he was appointed Governor of the port and island of Plymouth, in Devonshire, Eng. While he resided there, Capt. Weymouth, who had been eraployed by Lord Arundel, in search of a northwest passage, but had fallen short of his course and put in at Pemaquid (Me.) [1606], brought frora thence into the harbour of Plymouth, five natives of America, three of whom were eagerly seized by Gorges, and retained in his service for three years. Finding thera of a tractable and coraraunicative disposition, and having won their affections by gentle treatment, he learned from them many particulars concerning tbeir country, its rivers, harbours, islands, fisheries, and other products; and the numbers, force, disposition and government of the natives; and from this in formation he conceived sanguine hopes of indulging his genius, and making his fortune, by a thorough discovery of the coun- try. In this purpose he, in conjunction with others, ventured several ships, whereof some raet with peculiar misfortunes, and others brought horae accounts wliich, though discouraging to sorae of his associates, made hira determine upon further atterapts, wherein his resolution and perseverance were more conspicuous than any solid gain. These transactions were previous to the establishing of the Council of Plymouth, in soliciting which Gorges was so extremely active that he was appointed their President, and had a principal share in all their transactions."* Capt. JOHN MASON j Was a merchant of London, but became a sea-officer, and after ward Governor of Newfoundland, where he acquired a knowl- *SeeParm. Belk,, pp. 3, 4; Allen's Biog. Die, "Gorso5," and Belk, Biog. f'See Farm. Belk, Allen's Biog. Die, "3Iason." 4 NEW-HAMPSHIRB. edge of America, which led him, on his return to England, into a close attachment to those who were engaged in its discovery ; and upon some vacancy in the Council of Plymouth, he was elected a raember, and became their Secretary; being also Governor of Portsmouth, in Hampshire (Eng.).* At different times, in connection with Sir Ferdinando Gorges, or for him self, he obtained grants of land frorn the Council of Plymouth, on the basis of which settlements were begun on the eastern shores of New-Hampshire. His claim to the Provinoe as proprietor, as also that of his lawful heirs, and the deep in terest he took in its settlement and growth, will appear in sub sequent pages of this volume. Capt. John Mason died between Noveraber 26, 1635, when his Will was made, and the 22d of December following, when his Will was proved. ANCIENT GEANTS. [To an adequate understanding of the history of New-Hampshire, and especially of the long, vexatious, and expensive litigations to which we were subjected by the claims of Massachusetts, before our bounds were finally established, it seems necessary to introduce a connected view of Ancient Grants and other Documents relating to the Province ; prepared and furnished by the Hon. Samuel D. Bell, of Manchester, late Chief Justice of the State.— Ed.] 1. The Patent for the settlement of North and South Virginia, to the London and Plymouth Companies, date 10 April, 1606; puUished entire, 1 Haz. Coll, 51-5S; Popham Cel., Apx. A. An Abstract is found in Doug. Sum. 5; 1 Wim'n Maine, 196. 2. The Charter of the Council of Plymouth, date 3 Nov., 1620; pubUshed entire, 1 Paz. Coll., 108-118; Popham Cel, 110- 118. An Abstract 1 Wim'n, Maine, 222. It may be thus abridged : James, King of England,' to all, &e. Whereas, upon petition of divers subjects, that intended to make plantations in America, between the degrees of 34 and ANCIENT GRANTS. 5 45, we granted to Sir Thomas Gates, &c., by our patent, dated April 10, 1606, liberty to divide into two colonies; the first, to be undertaken by certain knights, &c., in our city of Lon don ; the second, by certain knights, &c., in and about our cities of Bristol and town of Plymoutii : And whereas, since, upon petition of said first colony, we have made them a distinct body, giving them distinct limits and bounds and divers liberties, privileges, &c : Now, forasmuch as we have been petitioned by Sir Ferdi nando Gorges, knight, captain of our fort and island of Ply mouth, and by certain principal adventurers of the second colo ny, &c., divers of whom have been at great charge, &c., in seeking a place for a plantation, and have settled some of our people in those parts, and have resolved, in a more effectual manner, to prosecute the same, and desired us to make them a distinct body, and to grant them such estates, liberties, priv ileges, &c., as are hereafter expressed ; and we are given to understand, by divers of our subjects that have for many years frequented those coasts between the degrees of forty and forty- eight, that no subjects, of any christian king or state, are in possession of any of said lands, &c., and, by a plague, &c., the whole territory is in a manner depopulated, &c. : We, therefore, of our especial grace, &c., by the advice of our Privy Council, grant, &c., that all that circuit, &c., in Amer ica, from forty degrees north latitude to forty-eight degrees, and, by the breadth aforesaid, from sea to sea, with all seas, rivers, islands, &c., shall be the limits and bounds, &c., of the second colony. And the same shall be called by the name of New-England in America. And, for the better plantation ruling, &c., we ordain, &c., that there shall be for ever, in our town of Plymouth, in our county of DevoN, a body corporate, consisting of forty persons, with perpetual succession, called by the name of the Councill established at Plymouth, in the county of Devon, for the planting, ruling, ordering and governing op New-England IN America. And we appoint of the Council — Lodowich, Duke of Lenox, George, Marquis Bucking- Ld. Steward ; ham. High Admiral ; NEW-HAMPSHIRE. James, Marquis Hamilton ; William, Earl of Pembroke, Ld. Chamberlain; Thomas, Earl of Arundel ; Winiam,Earlof Bath; Henry, Earl of South-Hamp ton; William, Earl of Salisbury; Eobert, Earl of Warwick ; John, Viscount Haddington ; Edward, Ld. Zouche, Ld. Warden of the Cinque Ports ; Edmund, Ld. Sheffield; Edward, Ld. Gorges; Sir Edd. Seymour, kt. baro net; Sir Eobert Mansell, — Edward Zouche, Knight Marshal ; — Dudley Diggs, — Thomas Eowe, — Ferdinando Gorges, Sir Francis Popham, — John Brooks, — Thomas Gates, — Eichard Hawkins, — Eichard Bdgecomb, — Allen Apsley, — Warwick Heale, — Eichard F. Cotchmny, — John Bourchier, — Nathaniel Eich, — Edward Giles, — Giles Mompessan, — Thomas Wroth, Knights ; — Mathew Sutcliffe, Dean of Exeter ; — Henry Bourchier, Esq. ; — Eobert Heath, Eecorder of London ; — John Drake, — Ealiegh Gilbert, — George Chudley, — Thomas Hammond, — John Argall, Esquires ; with power, in case of vacancy, to choose others, &c. And they and their successors are incorporated by that name, with power to purchase, &c., any manors, &c., from us or others, in the realme, or other places, and to sue, &c., to sue, &c. ; to choose a president with power to call meetings; to elect mem bers to fill vacancies, such members to take their oaths as councilors, &c.; to have a common seal, &c. And we do further grant, &c., that said council may admit such persons to be made free and enabled to trade in New- England, and to possess lands and hereditaments in New-Eng land as they think fit, according to the laws, &c., by them estab lished, and under such conditions as they direct, and not other wise. And may constitute and discharge, all and singular, governors, officers, &c., by them thought fit, &c. ; to attend the business of said company here, and for the government of said colony and plantation, and to make, &c., orders, laws, &c,, of ANCIENT GRANTS. 7 government and magistracy fit and necessary for the govern ment of said plantation, &c. ; so always as the same be not contrary to the laws of England ; and the same to revoke and change, not only within the precincts of the colony, but also upon the seas, in going and coming to and from said colony. Such principal governor as shall be appointed to exercise martial law in case of rebellion, insurrection and mutiny iu as ample manner as our lieutenants of our counties in England. And we grant to the council, &c., and to such governors, offi cers, &c., as shall be by them appointed, according to the na ture and limits of their offices, &c., that they may, within the precincts of New-England, or in the way by the seas thither, or from thence, have power, &c,, to correct, punish, pardon, govern and rule all our subjects who shall adventure in any voyage thither, or that at any time inhabit in the precincts of the colony according to sueh laws ; and in defect thereof, ac cording to their discretion, as well in cases capital and crim inal as civil, both marine and others, so always as the said statutes, as near as conveniently may be agreeable to the laws, &c., and policy of England. If any transport goods with a pretense to land the same in said Colony, and carry the same to any foreign coun try to sell, the goods and vessel shall be forfeited. And we do grant to said council all the lands, from forty to forty-eight north latitude, from sea to sea, with havens, &c., mines, &c. ; and all jurisdictions, royalties, &c., in said land, and islands, and seas adjoining ; provided they are not actu ally possessed by any other christian prince or state, to hold for their sole use, &c., as of our manor of East-Greenwich, in the county of Kent, in free socage ; and not in capite, &c. ; yielding the fifth of ore, of gold and silver, for all duties and ser vices whatever. The said councill may transport so many of our subjects, or others willing to be subjects, as are willing, with shipping, arms, victuals, clothing, implements, beasts, &c., and other things necessary for said plantation, and for their use or de fense, or for trade, without paying any custom for seven years, provided none of the persons be restrained by us or our successors. And the council, their successors, factors, or as- 8 NEW-HAMPSHIRE. signs, shall be free of all customs for seven years, and of aU taxes for twenty-one years, upon goods exported or imported, except five pounds per cent ; and the same goods may be ex ported into foreign ports, if shipped within thirteen months, without any custom. The council, or major part of them, which shall be present and assembled for that purpose, shall, under their common seal, convey, assign, &c., such portions of lands as are by these formerly granted unto each our loving subjects, naturally born or denizens, or others, as well adventurers as planters, as by the said company, upon a commission of survey and distribu tion, executed and returned for that purpose, shall be named, wherein our will is that respect be had as to the proportion of the adventures, as to the special service, hazard, exploit or merit of any person so to be recompensed, &c. We grant to the said council and governors, officers, &c., appointed, to have power of government and command in and over said colony and plantation ; that they may repel and re sist, by force of arms, as well by sea as by land, all such per sons as, without license of the council, attempt to inhabit them, &c., and all such as shall attempt the detriment or an noyance of said colony. And said council may take and sur prise every person, with their ships or goods, trafficking in any harbor, creek, or place, within the limits of said plantation, not allowed by said council to be adventurers or planters. And we do grant that the said territories shall not be visited, fre quented or traded to, by any of our subjects from our ports, or those of other princes ; and we forbid our subjects to visit, frequent, or trade into or from the said territories and lands, except the said council, their factors, deputies or assignees, unless with the license of the council first had in writing, and the common seal, upon pain of the forfeiture of their ships and goods. Full power is given to the council, their factors, deputies and assignees,^to take, seize, &c., all ships, goods, &c., brought from or carried to the places aforesaid, contrary, &c., half the forfeiture to the council and half to the king. And we grant to said council that we will not give or grant any license, &c., to any person ;to sail, trade, or traffick to New- England, without the good will of said council. When customs ANCIENT GRANTS. 9 become due from the council, &c., the officers, upon security, are to allow six months for the payment to them, and to be allowed by them. The president of the company, or his deputy, or any two of the council, may administer oaths of allegiance and supremacy to all who shall go to New-England, and oaths to persons em ployed for their honest and faithful discharge of service, and unto others, for the clearing of the truth in any cause. Power is given to apprehend and punish slanderers of the colony, &c. Eobbers and spoilers by sea, in said colony, shall be punished. All persons who may go to inhabit in said colony, and their children, shall have all liberties of free denizens and natural subjects, as if born and residing in England; none to go to New-England but such as have taken the oath of supremacy. A new charter to be granted for better assurance. All con structions are to be favorable to the council. All officers to afford aid. Note. The provisions forbidding all persons to trade or traffic or in habit on the coast, without license of the council, and authorizing the seizure and forfeiture of their ships and goods, became the subject of loud clamor and opposition, by the numerous fishermen and others who had been engaged in the trade on the coast, aijd it was instantly seized upon by the party opposing the king as a political topic. It was denounced as establishing an odious monopoly in a great branch of trade, and when the grievance was presented to the king, it was at the head of the list. The violence of this opposition probably led to the failure of the attempt by the council to establish a general governor and council, consisting of Eob ert Gorges, son of Sir Ferdinando, as Governor General, and West, Admiral, Capt. Christopher Leavitt, the governor of Plymouth Colony, and others, to be appointed by them. These officers visited New-England in 1623, commenced settlements at various places on the coast of Massa chusetts, New-Hampshire and Maine, were obstinately resisted by the stur dy fishermen on the coast, and returned to England tho following spring. NoTB. The council of Plymouth are said to have always doubted their power to transfer jurisdiction to any but their own officers. Their grants are said to have contained provisions transferring to their grantees their powers of government. When the question came up in the courts in England, it was at once decided, and without hesitation, that they had no Buch power. Indeed, the point was given up by Mason and his council, as too clear for argument. 10 NEW-HAMPSHIRE. 3. A Grant of the Province of Maine io Sir Ferdi nando Gorges and John Mason, Esq., 10th of August, 1622. This indenture, made the 10th day of August, Anno Dom. 1622, and in the 20th yeare of the reigne of our Sovereigne Lord James, by the grace of God King of England, Scotland, France and Ireland, Defender of the^aith, &c. Between the President and council of New-England on the one part, and Sir Ferdinando Gorges, of London, Knight, and Captain John Mason, of London, Esquire, on y" other part :' Witnesseth, that whereas our said Sovereigne Lord King James, for the making of a plantation and establishing a colony or colonyes in y" country called or knowne by y° name of New-England in America, hath, by his Highness' Letters Patents, under the Great Scale of England, bearing date at Westmr. the 3d day of November, in the 18th yeare of his reigne, given, granted and confirmed unto the Eight Honorable Lodowick, Duke of Lenox; George, Marquis of Buckingham; James, Marquis Hamilton ; Thomas, Earl of Arundell ; Eobert, Earl of War wick ; Sir Ferdinando Gorges, Knt., and divers others whose names are expressed in y" said Letters Patents, their succes sors and assignes, that they shall be one Body Politique and Corporate perpetuall, and that they should have perpetual Succession, &c., and one comon scale or scales, to serve for the said Body, and that they and their successors shall be known, called and incorporated by the name of the President and Councill established at Plymouth in the county of Devon, for the planting, ruling and governing of New-England in Ameri ca; and also hath, of his especiall grace, certaine knowledge and meer motion, for him, his heyres and successors ; and given, granted and confirmed unto the said President and councill, and their successors, under the reservacons, limitacons and declaracons in the said Letters Patents expressed, all that part or porcon of that country now commonly called New-Eng land weh is situate, lying and being between the latitude of forty and forty-eight degrees northeriy latitude, together with the seas and islands lying within one hundred miles of any part of the said coasts of the country aforesaid ; and also all ANCIENT GRANTS. 11 the lands, soyle, grounds, havens, ports, rivers, mines, as well royal mines of gold and silver, as other mines, minerals, pearls and pretious stones, woods, quaries, marshes, waters, fishings, hunting, hawking, fowling, commodities and hereditaments whatsoever, together with all prerogatives, jurisdictions, royal- tys, privileges, franchises and preliminaries within any of the said territories and precincts thereof whatsoever. To have, hold, possess and enjoy, all and singular, the said lands and premises, in the said Letters Patent granted or menconed to be granted, unto the said President and councill, their succes sors and assignes for ever ; to be holden of his Majesty, his heyers and successors, as of his Highness Manor of East- Greenwich, in the county of Kent, in free and common soccage and not in capite or by knts. service — yielding and paying to the Kings Majestic, his heyers and successors, the one fifth part of all gold and silver oare that from time to time, and at all times from the date of the said Letters Patents, shall be there gotten, had or obtayned for all services, dutyes or demands as in and his highness said Letters Patents amongst other divers things therein contayned, more fully and at large it doth appeare. And wTiereas the said President and councill have, upon mature deliberacon, thought fitt, for the better furnish ing and furtherance of the plantation in those parts to appro priate and allott to several and particular persons divers par cels of lands within the precincts of the aforesaid granted premises by his Majesty's said Letters Patents. Now this identure witnesseth, that y= s* President and councill, of their full, free and mutuall consent, as well to the end that all the lands, woods, lakes, rivers, waters, islands and fishings, with nil other the traffiques, profits and commodities whatever, to them or any of them belonging, and hereafter in these presents menconed, maybe wholly and entirely invested, appropriated, severed and settled in and upon y= said Sr. Fer dinando Gorges and Capt. John Mason, their heyers and assignes for ever, as for divers special! services for the advance ment of tho s" plantacons and other good and sufficient causes and consideracons, them especially thereunto moving, have given, granted, bargained, sould, assigned, aliened, sett over, enfeoffed and confirmed, and by these presents doe give, grant, 12 NEW-HAMPSHIRE. bargain, sell, assigne, alien, sett over, and confirm unto y" s* Sr. Ferdinando Gorges and Capt. John Mason, their heirs and assignes, all that part of the main land in New-England lying upon the sea-coast betwixt y" rivers of Merrimack and Sagada- hock, and to the furthest heads of the said rivers, and soe forwards up into the land westward until three-score miles be finished from y'' first entrance of the aforesaid rivers, and half way over; that is to say, to the midst of the said two rivers w"" bounds and limitts the lands aforesaid together w"' all the islands and isletts within five leagues distance of y° premises and abutting upon y' same or any part or parcell thereof. As also all the lands, soyle, grounds, harbors, ports, rivers, mines, mineralls, pearls, pretious stones, woods, quarries, marshes, waters, fishings, hunting, hawking, fowling, and other com modities and hereditaments whatsoever, with all and singular their appurtenances, together with all prerogatives, rights, royalties, jurisdictions, privileges, franchises, liberties, pre- himenences, marine power, in and upon y' said seas and rivers; as also all escheats and casualties thereof, as flotson, jetson, lagon, with anchorage, and other such duties, immunities, sects, isletts and appurtenances whatsoever, with all the estate, right, title, interest, and claim and demands whatsoever w"'' y' said President and councill, and their successors, of right ought to have or claim in or to the said porcons of lands, rivers, and other y= premises, as is aforesaid by reason or force of his highness' said Letters Patents, in as free, large, ample and beneficial manner, to all intents, constructions and purposes whatsoever, as in and by the said Letters Patents y« same are among other things granted to the said President and councill aforesaid, except two fifths of the oare of gold and silver in these parts hereafter expressed, w"" said porcons of lands, w* y appurtenances, the said Sr. Ferdinando Gorges and Capt. John Blason, with the consent of y" President and councill, intend to narae The Province op Maine. To have and to hould all the said porcons of land, islands, rivers and premises, as aforesaid, and all and singular other y^ commodytyes and hereditaments hereby given, granted, aliened, enfeoffed and confirmed, or menconed or intended by these presents to be given, granted, aliened, enfeoffed and confirmed, with all and ANCIENT GRANTS. 13 singular y= appurtenances and every part and parcell thereof, unto the said Sr. Ferdinando Gorges and Capt. John Mason, their heyres and assignes for ever, to be holden of his said Majesty, his heirs and successors, as of his Highness Manor of East-Greenwich, in the county of Kent, in free and common socage, and not in capite or by knights' service. Nevertheless, with such exceptions, reservacons, limitacons and declaracons as in the said Letters Patents are at large expressed ; yielding and paying unto our Sovereigne Lord the King, his heyres and successors, the fifth part of all y" oare of gold and silver that from time to time, and att all times hereafter, shall bo there gotten, had and obtayned, for all services, duties and demands. And also yielding and paying unto the said Presi dent and councill, and their successors, yerely the sum of tenn shillings English money, if it be deraanded. And the said President and councill, for them and their successors, doe cove nant and grant to and with the said Sr. Ferdinando Gorges and Capt. John Mason, their heirs and assigns, from and after the ensealing and delivery of these presents, according to the purport, true intent and meaning of these presents, that they shall from henceforth, from time to time for ever, peaceably and quietly have, hold, possess, and enjoy, all y= aforesaid lands, islands, rivers, and premises, with y° appurtenances hereby before given and granted, or menconed or intended to be hereby before given and granted, and every part and parcell thereof, without any lett, disturbance, denyal, trouble, inter- rupcon, or evacon of or by the said President and councill, or any person or persons whatsoever, claiming by, from, or under them, or their successors, or by or under their estate, right, title, or interest. And y^ said President and councill, for them and their successors, doe further covenant and grant, to and with y= said Sr. Ferdinando Gorges and Capt. John Mason, their heyres and assignes, by these presents, that they, y' said President and councill, at all times hereafter, upon reasonable request, at y^ only proper costs and charges in the law of y" said Sr. Ferdinando Gorges and Capt. John Mason, their heyres and assignes, doe make, perform, suffer, execute, and willingly consent unto any further act or acts,' conveyance or convey ances, assurance or assurances whatsoever, for y' good and 14 NEW-HAMPSHIRE. perfect investing, assuring and conveying, and sure making, of all the aforesaid porcons of lands, islands, rivers, and all and singular there appurtenances, to y= said Sr. Ferdinando Gorges and Capt. John Mason, their heyres and assigns, as hy them, their heires and assignes, or by his or their, or any of their councill, learned in the law shall be devised, advised or required. And further, it is agreed by and between the said parties to these presents, and y'= said Sr. Ferdinando Gorges and Capt. John Mason, for them, their heyres, executors, ad ministrators and assignes, doe covenant to and with the said' president and councill, and their successors, by these presents that if at any time hereafter there shall be found any oare of gold and silver within the ground in any part of the said premises, that then they, the said Sr. Ferdinando Gorges and Capt. John Mason, their heyres and assignes, shall yield and pay unto the said President and councill, their successors and assignes, one fifth part of all such gold and silver oare as shall be found within and upon y'' premises, and digged and brought above ground to be delivered above ground, and that always within reasonable and convenient time, if it be demanded after the finding, getting, and digging up of such oare as aforesaid, without fraud or covin, and according to the true intent and meaning of these presents. And the said Sr. Ferdinando Gorges and Capt. John Mason doe further covenant for them, their heyres and assignes, that they will establish such govern ment in the said porcons of lands and islands granted unto them, and the same will from time to time continue, as shall be agreeable, as neere as may be to the laws and customs of the realme of England ; and if they shall be charged at any time to have neglected their duty therein, that thus they well conforme the same according to the directions of the President and councill ; or in default thereof it shall be lawful for any of the aggrieved inhabitants or planters, being tenn*^ upon y' said lands, to appeal to y= chief courts of justices of the President and councill. And y' s* Sr. Ferdinando Gorges and Capt. John Mason doe covenant and grant, to and with y« said President and councill, their successors and assigns, by these presents, that they, the said Sr. Ferdinando Gorges and Capt. John Mason, shall and will, before theexpiracon of three years, ANCIENT GRANTS. 15 to be accompted from the day of the date hereof, have in or upon the said, porcons of lands, or some part thereof; one parte with a competent guard, and ten families at least of his Majesty's subjects resident and being in and upon y° same premises ; or in default thereof shall and will forfeit and loose to the said President and councill the sum of one hundred pounds sterling money; and further, that if the said Sr. Fer dinando Gorges and Capt. John Mason, their heires or assignes, shall at any time hereafter alien these premises, or any part thereof, to any foraigne nations, or to any person or persons of any forraigne nation, without the speciall license, consent, and agreement of the said President and councill, their successors and assignes, that then the part or parts of the said lands so alienated, shall immediately return back to the use of the said President and Councill. And further know ye, that y" said President and Councill have made, constituted, deputed, author ized and appointed, and in their place and stead do put Capt. Eobert Gorges, or, in his absence, to any other person that shall be their governor or other officer, to be their true and lawfull attorney, and in their name and stead to enter the said porcons of lands, and other the premises w* their appurtenan ces, or into some part thereof in name of the whole, for them and in their name to have and take possession and siezin there of, or some part thereof in name of the whole, so had and taken, there for them, and in their names to deliver the full and peaceable possession and seizin of all and singular the said granted premises unto the said Sr. Ferdinando Gorges and Capt. John Mason, or to their certaine attorney or attor neys in that behalf, according to the true intent and meaning of these presents, ratifying and confirming and allowing all and whatsoever their said attorney shall doe in or about the premises by these presents. In witnesse whereof to one part of these present indentures, remaining in the hands of Sir Ferdinando Gorges and Capt. John Mason, the said President and councill have caused their common seal to be affixed, and to the other of these present indentures, remaining in the cus tody of the said President and councill, the said Sir Ferdinan do Gorges and Capt. John Mason have put to their hands and seals. Given the day and year first above written. 16 NEW-HAMPSHIRE. Copy from Memorial Volume of the Popham Celebration, Appx., p. 121, which purports as follows : " Public Becord Office, London : Colonial Entry Book No. 59 ; pp. 101-108. Note. This patent differs from the statements of it by Belknap and others, in two respects : 1. The territory granted is to be called tbe Province of Maine. Else where it is called the Province of Laoonia. 2. The westerly line is differently described. Here it is, " all that part of the main land in New-England, lying upon the sea coast, betwixt the rivers Merrimack and Sagadahock, and to the farthest heads of the said rivers, and soe forwards up into the land westward until three score miles be finished from the first entrance of the aforesaid rivers. Belknap, p. 4, says : The next year (1622) another grant was made to Gorges and Mason jointly, of all the lands between the rivers Merrimack and Sagadahock, extended back to the great lakes and river of Canada, and this was called Laconia. A copy of the patent of 1622, from the Council of Plymouth, to Mason and Gorges, is said to be in the Secretary's office at Boston. Williamson, History of Maine, 225, says : Gorges and Mason fi.rst procured of the Plymouth Council, August 10, 1622, a patent of all the country between the Merrimack and Sagadahock, extending from tbe Atlantic unto the rivers Canada and Iroquois, and including the "savage nations towards the great lakes.'' It was called " the Province of Laconia." He cites Hub. N. E, 616. See a certified copy, Peb. 17, 1763, from Lords Am. Plan, at Whitehall, in Secretary's office, Boston. Palfrey, His. of New-England, 204, says : 1622, March 9, John Mason obtained from the council a grant of the lands lying between the little river which discharges its waters at Naumkeag, now Salem, and the river Merrimack. To this tract extending inland to the sources of those streams he gave the name of Maryanna. In the same year the council granted to Gorges and Mason the country bounded by the Merrimack, the Kennebeck, the Ocean and the river of Canada, and this territory they called Laconia. Public Record Office, London. "1628, 4. A pattent to Capt. Jo. Mason and Sir Fr. Gorges, for discovery of the Great Lakes. Nothing there in done." See Pop. Cel., App., p. 124 — Ed. ANCIENT GRANTS. 17 Readers will be interested in the following description of Laconia, from a work entitled " America painted io the Life," published in London, 1658, now found in Coll. Maine Hist. Soc, vol. II, pp. 66, 68.— Ed. " Among divers plantations of the English, happily founded in New-England, is a proviace to the landward, called Laconia, so called by reason of the great lakes therein ; but by the ancient inhabitants thereof it is called the country of the Iroquois \_Troquois in the original]. "It lies between the latitude of 44 and 45 degrees, hav ing the rivers Sagadehock and Myrameck on the sea-coast of New-England, southerly from it, into each of which rivers there is a short passage, frequented by the savages inhabiting near the lakes ; also, it hath the great lakes which tend toward California in the south sea on the west thereof ; on the north-east is the great river of Canada, into which the said river disgorgeth itself by a fair large river well replenished with many fruitful islands. The air thereof is pure and wholesome ; the country pleasant, hav ing some high hills full of goodly forests and fair vallies, and plains fruitful in corn, vines, chestnuts, walnuts, and infinite sorts of other fruits ; large rivers well stored with fish, and invironed with goodly meadows full of timber trees. " One of the great lakes is called the lake of Iroquois [Lake Champlain] which, together with a river of the same name, running into the river of Canada, is sixty or seventy leagues in length. In the lake are four fair islands, which are low and full of goodly woods and mead ows, having store of game for hunting, as stags, fallow- deer, elks, roe-bucks, beavers, and other sorts of beasts, which come from the main land to the said islands; the rivers which fall into the lakes have in them good store of beavers, of the skins of which beast, as also of the elks, the salvages make their chiefest traffick. " The way over land to this great lake from the Planta- 2 18 NEW-HAMPSHIRE. tion of Pascataway hath been attempted by Captain Wal ter Neale, once governor, at the charges of my grand father [Sir Ferd. Gorges], Capt. Mason, and some mer chants of London, and the discovery wanted one day's journey of finishing, because their victuals were spent, which, for want of horses they were enforced to carry, with their arms and tbeir clothes, upon their backs; they in tended to make a settlement for trade by pinnaces upon the said lake, which they reckon to be about ninety or one hundred miles from the plantation over land." NoTB. — Savage says : "Winth. II, p. 81, note. " The great lake of Iro quois, which the grand son of Sir P. Gorges writes about as ascertained by Neal to be about ninety or one hundred miles, by land, from Pascataquack settlement, was, I am satisfied, the Winipesiogee ! Distances were always magnified in the wilderness, and poor Neal was lost in the woods, not far from home, when the discovery wanted but one day's journey of being finished." On the whole, we must agree with Hubbard, that " Laconia " was " an imaginary province, supposed to lie up higher into the country. But after three years spent in labour and travel," in searching for it, they returned back to England with a " non est inventa provincia." — Ed. 4. The Grant of Massachusetts, from the Council of Plymouth, to Sir Henry Roswell and others; date 19 March, 1627-8. This document is said to be lost. Palf. N. B. 290, note. Its substance is preserved, being recited in the two charters of Massachusetts. 1 Mass. Charters, 1 and 1 ; Mass. Col. .Records 1 ; 1 Hutchinson Coll. 1. ]Sro part of it, except the boundaries of the land granted, are material in connection with the History of New-Hampshire. The description is as follows — " All that part of New-England in America aforesaid, which lies and extends between a great river there, commonly called Monomack, alias Merrimack, and a certain other river there called Charles Eiver, being in the bottom of a certain bay there, commonly called Massachusetts, alias Mattachusetts, ahas Massachusetts Bay, and also all and singular those lands and hereditaments whatsoever, lying within the space of three ANCIENT GRANTS. 19 English miles, on the south part of the said Charles Eiver, or of any and every part thereof; and also all and singular the lands and tenements whatsoever, lying and being within the space of three English miles to the southward of the southern most part of the said bay, called Massachusetts, alias Matta chusetts, alias Massatusetts Bay ; and, also, all those lands and hereditaments whatsoever, ¦which lie and be ¦within the space of three EngUsh miles to the northward of the said river, called Mono mack, alias Merrimack, or to the northward of any and every part thereof; and all lands and hereditaments whatsoever, lying within the limits aforesaid, north and south, in latitude and breadth, and in length and longitude of and within all the breadth aforesaid, throughout the main lands, those from the Atlantic and Western Sea and Ocean on the east part, to the South Sea on the west part ; and all lands and grounds, place and places, soils, woods and wood-grounds, havens, ports, riv ers, waters, fishings and hereditaments whatsoever, lying within the said bounds and limits, and every part and parcel thereof" NoTB. It is important to notice the language of this patent relative to the northern bounds of Massachusetts, in contrast with tbe language of the Massachusetts historians and writers. The patent, which, in this re spect, is identical with the charter of King James, says : " All those lands which lie and be within the space of three English miles to the north ward of the said river Merrimack, or the northward of any and every part thereof ;" and all lands lying within the limits aforesaid north and south in latitude and breadth ; and in length and longitude, of and with in all the breadth aforesaid, throughout the main lands there, from the Atlantic Ocean to the South Sea." 5. Charier of King James I, to the Massachusetts Company, dated 4 March, 1628-9. This charter is printed at length in 1 Mass. Col. Laws, 1 ; in 1 Eecords of the Colony of Mass. ; and in 1 Hutch. Coll. 1. Nothing in it is material to the history of New-Hampshire, ex cepting what relates to the northern boundary of Massachu setts, and the general powers of establishing courts, laws, &c., under which Massachusetts assumed to govern New-Hamp shire. 20 NEW-HAMPSHIRE. The charter recites the establishment of the Council of Ply mouth, its title to New-England, and its grant to Eoswell and others, of Massachusetts, as before stated. It confirms the grant to them, and others named Saltonstall, Cradock, and others, who had been admitted associates with them in the lands described in that grant. It then grants to the same per sons, their heirs and assigns, the same lands by the same de scription verbatim. It constitutes the grantees a corporation by the name of the Governor and Company of the Massachu setts Bay in New-England, with usual powers of corporations, " and to make laws and ordinances for the good and welfare of the said company, and for the government and ordering of said lands and plantation, and the people inhabiting the same, 80 as such laws be not contrary or repugnant to the laws of England." The same power is afterward stated more at length, but with the same qualification. Note. The principle, now well settled, thatthe powers of every corpora tion are strictly limited to the purposes for which it is instituted, and that it can neither acquire nor exercise any powers not necessary or properly incident to the purposes of its institution, was not probably as distinctly understood in the time of the Massachusetts Colony as they now are. At this day it is supposed to be quite clear that a corporation, established for the government of a district, defined by distinct limits, could not right fully acquire any jurisdiction, either legislative or judicial, over any other land, either by request of the inhabitants — as was one of the pretenses of right in the case of New-Hampshire — or by conquest, as was the pretense in the case of the Pequot country ; or by purchase from the natives, as was the pretense in the case of the Narragansett country. The rules of construction of the boundaries of land, as described in writ ten instruments, were as well known and distinctly understood in 1630 as they now are. They were known to all lawyers, and Gov. Winthrop, and others of the leading men of Massachusetts must have known them well. Precise and specific descriptions are neither extended nor suspended by general expressions, but effect is given to the specific description, so far as it extends.The charter of Massachusetts granted the property and jurisdiction "of all lands which lie within the space of three English miles to the north ward of the river Merrimack, or to the northward of any and every part thereof" It is clear that, by these terms, the charter did not include any lands which did not lie within three miles to the northward of the Merri mack, or to the northward of some part of it ; and the following general ANCIENT GRANTS. 21 phrase: "And all lands lying within the limits aforesaid, north and south, in latitude and breadth and in length and longitude of and within all the breadth aforesaid, from the Atlantick to the South Sea,'' could, by no legal rules of construction, nor by any interpretation consistent with the common sense of terms, be understood to include any land which did not lie within the limits aforesaid ; that is, before described ; and which were not within the breadth aforesaid ; that is, the breadth particularly set forth in the preceding description. 6. Grant of New-Hampshire io John Mason, hy ihe Council of Plymouth ; date 1 Nov., 1629. Pub lished oi length in Haz. Coll. and 1 N. H His. Soc. CoZZ.— 304. This indenture, made the seventh day of November, Anno Domini one thousand six hundred twenty-nine, and in the fifth year of the reign of our Sovereign Lord, Charles, by the grace of God King of England, Scotland, France and Ireland, defender of the faith, &c., between the President and Council of New-England on the one part, and Captain John Mason , of London, esquire, on the other party : witnesseth, that whereas our late Sovereign Lord, of famous memory. King James, for the making of a plantation and establishing a colony or colo nys in the country, called or known by the name of New- England, in America, did, by His Highness's letters-patents, under the great seal of England, bearing date at Westminster the third day of November, in the eighteenth year of his reign, give, and grant, and confirm unto the right-honorable Lodiwick, Duke of Lenox; George, Marques of Buckingham; James, Marques Hamilton ; Thomas, Earl of Arundel ; Eobert, Earl of Warwick ; Sir Ferdinando Gorges, Knight, and divers others, whose names are expressed in the said letters-patents, their heirs and assigns, that they shall be one body politick and corporate perpetual, and that they should have perpetual succession, and one common seal or seals, to serve for the said body ; and that they and their successors shall be known, called and incorporated by the name of the President and Council established at Plymouth, for the planting, ruling and governing of New-England in America ; and also did, of his especial grace, certain knowledge and meer motion for him, his 22 NEW-HAMPSHIRE. heirs and successors, give, grant and confirm unto the said President and Council, and their successors, under the reserva tions, limitations and declarations in the said letters-patent expressed, all that part and portion of country now common- ly called New-England, which is situate, lying and being be tween the latitude of forty degrees and forty-eight northerly latitude, together with the seas and islands lying within one hundred miles, of any part of the coast of the country afore said; and also all the said soil, ground, havens, ports, rivers, mines, as well royal mines of gold and silver, as other mines and minerals, pearls and pretious stones, woods, quarries, marshes, waters, fishings, huntings, hawkings, fowlings, com modities, and hereditaments whatsoever; together with all pre rogatives, jurisdictions, royalties, privileges, franchises and pre- heminences within any of the said territories and the precincts thereof whatsoever, to have, hold, possess and enjoy all and singular the said lands and premises in the said letters-patents granted, or mentioned to be granted, unto them, the said Presi dent and Council, their successors and assigns forever; to be holden of His Majesty, his heirs and successors, as of His Highness' manor of Bast-Greenwich, in the county of Kent, in free and socage, and not in capite, or by knight's service, yielding and paying to the King's Majesty, his heirs and suc cessors, the one fifth part of all gold and silver ore that frora time to time, and from all times from the date of said letters patents, shall be thus gotten, had or obtained, for all services, duties or demands, as in and by his said highness's said letters patents, amongst divers other things therein contained, more fully at large it doth and may appear. And whereas the said President and Council have, upon mature deliberation, thought fit, for the better furnishing and furtherances of the plantations in those parts to appropriate and allot to several and particular persons divers parcels of lands within the precincts of the aforesaid granted premises by his Majesty's said letters patents : Now this Indenture witnesseth that the said President and Council, of their free and mutual consent, as well to the end, that all their lands, woods, lakes, rivers, waters, islands and fishings, with all the traffic, profits and commodities whatsoever, to them or any of ANCIENT GRANTS. ' 23 them belonging, and hereafter in these presents mentioned, may be wholly and entirely invested, appropriated, served and settled in and upon the said Captain John Mason, his heirs and assigns for ever, as for divers special services for the ad vancement of the said plantation, and other good and sufficient causes and considerations, them especially, thereunto moving, have given, granted, bargained, sold, assigned, aliened, set over, enfeoffed and confirmed, and by those presents do give, grant, bargain, sell, assign, aliene, set over, enfeoff and confirm unto the said Captain John Mason, his heirs and assigns, all that part of the mainland in New-England lying upon the sea- coast, beginning from the middle part of Merrimack river, and from thence to proceed northwards along the sea-coast to Pascataqua river, and so forwards up within the said river and to the furtherest head thereof, and from thence north-west ward, until three score miles be finished from the first entrance of Pascataqua Eiver ; also from Merrimack through the said river and to the furtherest head thereof, and so forwards up into the lands westwards, until three score miles be finished ; and from thence to cross over land to the three score miles end accompted from Pascataqua river, together with all islands and isletts within five leagues distance of the premises, and abuting upon the same, or any part or parcel thereof, as also all lands, soils, grounds, havens, ports, rivers, mines, minerals, pearls, pretious stones, woods, quarries, marshes, fishings, huntings, hawkings, fowlings, and other commodities and hereditaments whatsoever, with all and singular their appur tenances, together with all prerogatives, rights, royalties, jurisdictions, privileges, franchises, liberties, preheminences, marine power, in and upon the said seas and rivers, as all escheats and casualties thereof, as flotsam, jetson, lagan, with anchorage and other such ditties, immunities, scotts islets (?) and appurtenances whatsoever, with all the estate, right, title, in terest, claim and demand whatsoever, which the said Presi dent and Council, and their successors, of right ought to have or claim in or to the said portions of lands, rivers, and other premises, as is aforesaid, by reason or force of his Highness's said letters patents, in as free, large, ample and beneficial man ner, to all intents, constructions and purposes whatsoever, as 24 NEW-HAMPSHIRB. in and by the said letters patents, the same are amongst other things granted to the said President and Council aforesaid; except two fifths of the ore of gold and silver in these presents hereafter expressed, which said portions of lands, with the appurtenances, the said Capt. John Mason, with the consent of the President and Council, intends to name New-Hampshibe. To have and to hold all the said portions of lands, islands, rivers and premises, and all and singular other the commodi ties and hereditaments hereby given, granted, aliened, enfeoff ed and confirmed, or mentioned or intended by these presents to be given, granted, aliened, enfeoffed and confirmed, with all and singular the appurtenances and every part and pa,rcel thereof, unto the said Capt. John Mason, his heirs and assigns forever ; to be holden of his said Majesty, his heirs and suc cessors, as of his Highness's manor of East Greenwich, in the county of Kent, in free and common socage, and not in capite or by knight's service. Nevertheless, with such exceptions, reservations, limitations and declarations, as in the said letters patents are at large expressed ; yielding and paying unto our Sovereign Lord, the King, his heirs and successors, the fifth part of all the ore of gold and silver, that from time to time and at all times hereafter shall be there gotten, had and ob tained for all services, duties and demands ; and also yielding and paying unto the said President and Council, and their successors, yearly, the sum of five shillings, English money, if it be demanded, and the said President and Council for them and their successors, do covenant and grant to and with the said Capt. John Mason, his heirs and assigns, from and after the sealing and delivery of these presents, according to the purport, true intent and meaning of these presents, that he shall from henceforth, from time to time forever, peaceably and quietly have, hold, possess and enjoy, all the aforesaid lands, islands, rivers and premises, with the appurtenances hereby given and granted, or mentioned and intended to be hereby given and granted, and every part and parcel thereof, without any lett, disturbance, denial, trouble, interruption, or eviction, of or by the said President and Council, or any per son or persons whatsoever, claiming by, from or under them or their successors, or by or under their estate, right, title, or interest. ANCIENT GRANTS. 25 And the said President and Council, for them and their suc cessors, do further covenant and grant to and with the said Capt. John Mason, his heirs and assigns, by these presents, that they, the said President and Council, shall, at all times hereafter, upon reasonable request, at the proper cost and charges of the said John Mason, his heirs and assigns, do, make, perform, suffer, execute and willingly consent unto any further act or acts, conveyance or conveyances, assurance and assurances whatsoever, for the good and perfect investing, as suring, conveying and sure making, of all the aforesaid por tions of lands, rivers, and all and singular the appurtenances to the said Capt. John Mason, his heirs or assigns, as by their or any of their council, learned in the law, shall be devised, advised, or required. And, further, it is agreed by and between the said parties to these presents, and the said Capt. John Mason for him, his heirs and assigns, doth covenant to and with the said Presi dent and Council, and their successors, by these presents, that if at any time hereafter there shall be found any ore of gold and silver within the ground in any part of the premises, that then he, the said Capt. John Mason, his heirs and assigns, shall yield and pay unto th'fe said President and Council, their successors and assigns, one fifth part of all such gold and silver ore as shall be found in and upon the premises, and brought above ground to be delivered above ground, and that always within reasonable and convenient time, if it be demanded after the finding, digging and getting up of such ore as aforesaid, with out fraud or covin, and according to the true intent and mean ing of these presents. And the said Capt. John Mason doth further covenant for him, his heirs and assigns, that he will establish such government in the said portion of lands and islands granted unto him, and the same will from time con tinue, as shall be agreeable, as near as may be, to the laws and customs of the realm of England ; and if he shall be charged at any time to have neglected his duty therein, that then he will reform the same, according to the discretion of the Presi dent and Council; or, in default thereof, it shall be lawful for any of the aggrieved inhabitants or planters, being tenants upon the said lands, to appeal to the chief court of justice, of 26 NEW-HAMPSHIRE. the said President and Council. And further, that if the said Capt. John Mason, his heirs or assigns, shall, at any time here after, alien these premises, or any part, to any foreign nations, or to any person or persons of any foreign nation, without the special license, consent and agreement of the said President and Council, their successors and assigns, that then the part or parts of the lands so aliened shall immediately return back again to the use of the said President and Council. And further know ye, that the said President and Council have made, constituted, deputed, authorized and appointed, and, in their stead and place, do put Capt. Walter Neal, or, in his absence, any other person who shall be their governor or other officer, to be their true and lawful attorney, and, in their name and stead, to enter the said portion of lands and other the premises, with their appurtenances, or into some part thereof, in the name of the whole, for them, and in their names to have, and take possession and seizin thereof, or of some part thereof, in the name of the whole, so had and taken, then for them, and in their names, to deliver the full and peaceable possession and seizin of all and singular the said granted premises unto the said Capt. John Mason, or his certain attorney or attorneys, in that behalf, according to the true intent and meaning of these presents ; ratifying, confirming and allowing all and whatsoever the said attorney shall do in and about the prem ises by these presents. In witness whereof to one part of this present indenture re maining in the hands of Capt. John Mason, the said President and Council have caused their common seal to be affixed ; and to the other parts of these present indentures, remaining in the custody of the said President and Council, the said Capt. John Mason hath put to his hand and seal, given the day and year first above written.— fia^. Coll Note. It is said the patent to Capt. Hason for New-Hampshire in 1629 was made in pursuance of an agreement of Mason and Gorges to make the Piscataqua the divisional line between them. I Wim^n 236. But there IS no indication that any new patent was issued to Gorges for the part of t9eir jomt grant which lay east of the Piscataqua. See I Belk N H 8; who says it is not easy to conceive why the western boundary should be contracted to sixty miles from the sea, if there was an agreement be- from the Council m preference to n,aking a deed of partition. ANCIENT GRANTS. 27 7. The Patent of ihe Plymouth Council io Sir Ferdi nando Gorges and Capt. John Mason, of Lacoiiia ; date Nov. 27, 1629. In the petition of Eobert Mason to the King, No. 22 of the Appendix of Belk. N. H., it is thus stated, after reciting the grants of the Council of 9th of March, 1621, 10 August, 1622, 7 Nov., 1629, and 22 April, 1635 : " And also the said Capt. John Mason, together with Sir Ferdinando Gorges, Knt. was enfeoffed by the aforesaid Council of New-England, in other lands, by the name of Laconia, by their deed bearing date the 27th day of November, 1629 ; the said lands lying and bordering upon the great lakes and rivers of the Iroquois, and other nations adjoining." Of this patent I have met no further account. The earlier writers seem all to understand that the grant of Laconia, extending back to the great lakes and river of Canada, was the patent of 1622. Thus Belknap, N". H., 4; "The next year (1622) another grant was made to Gorges and Mason jointly of all the lands between the rivers Merrimack and Sagadahock, extending back to the great lakes and river of Canada, and this was called Laconia." So Palfrey, N. B. 397, in a list of grants made or alleged to be made by the Council for New-England, says : " 1622, Aug. 10. To Gorges and Mason, of Laconia, extending along the coast from the Merrimack to the Kennebeck." And page 202, "In the same year [1622], Aug. 10, the Council granted to Gorges and Mason, the country bounded by the Merrimack, the Kennebec, the ocean, and the river of Canada, and this territory they called Laconia." Williamson, Maine, 225, says : " Gorges and Mason pro cured of the Plymouth Council, August 10, 1622, a patent of all the country between the Merrimack and Sagadahock, ex tending from the Atlantic into the rivers Canada and Iroquois, and including the savage nations towards the great lakes. It was called the Province of Laconia. It is not till the publication of the copy of the patent of 1622, in the appendix of the memorial of the Popham celebra-" 28 NEW-HAMPSHIRE. tion, 121, that we find the land granted called the Province of Maine. The western boundary, as extending to the furthest heads of the said rivers and sea, forwards up into the land westward, until three-score miles be .finished from the first entrance of the aforesaid rivers. Note By the Editor. In " The case of his Majesty's Province of New-Hampshire, upon two appeals relating to the boundaries between that Province and the Province of the Massachusetts Bay, to be heard before the Eight-Honorable, the Lords of the Committee of His Majesty's Most Honorable Privy-Council, for hearing appeals from the planta tions, at the Council Chamber at Whitehall," 6th of February, 1637, and 20th July, 1738, nothing is said on either side — no mention even of any grant to Gorges and Mason, of August 10, 1622, or of Nov. 27, 1629. The only grants referred to and relied on by the parties in controversy were that to Massachusetts, March 4, 1628, confirmatory of the grant to Sir Henry Eoswell, March 19, 1627 ; that to Capt. Mason, November 7, 1629, and that to Ferdinando Gorges, April 3, 1639 ; the infer ence is, that all the other grants had failed, through some defect, infor mality, or want of compliance with conditions. Especially was this the case, I apprehend, of the grant, 10th Aug. 1622, of the "Province of Maine," and, also, that called " Laconia," whenever made. 8. Grant of the Council of Plymouth to Edward Hilton and his associates, of Hilton's Point and the south side of ihe river; date, Spring 0/ 1631. Belknap's account of this grant is as follows : " The west country adventurers were not less attentive to their interest, for, in the following Spring [1631] they obtained a patent from the Council, whereby " all that part of the river Pascata qua, called or known by the name of Hilton's Point, with the south side of the said river, up to the falls of Squamscot, and three miles into the mainland for breadth," was granted to Edward Hilton. This patent, sealed with the common seal of the Council, and subscribed by the Earl of Warwick, sets forth that Hilton and his associates had, at their own proper cost and charges, transported servants, built houses, and plant ed corn at Hilton's Point, now Dover, and intended the farther advancement of the plantation. William Blackstone, William Jeffreys, and Thomas Lewis, or either of them, were im- powered to give possession of the premises; which, was done ANCIENT GRANTS. 29 by Lewis, and livery and seizin endorsed. — Ms. copy in pro prietary office. Within these limits (Dr. Belknap erroneously adds) are contained the towns of Dover, Durham and Strat ham, with part of Newington and Greenland. It was com monly called Squamscot Patent, but sometimes Bloody-Point Patent. It was also called Hilton's Patent, and Hilton's Point Patent. It included only Hilton Point in Dover, now called Dover Neck, and no part of Durham. He refers to a manu script copy in the proprietary's office. Note. No document, relating to New-Hampshire, has been so grossly misrepresented as this. It is persistently called, in the Massachusetts Eec ords, and by Governor Winthrop, the two patents of Hilton's Point, and the south side of the riv6r, Pascataquack, or Squamscot. It is represented as if it covered all New-Hampshire whereas, it covered only Hilton's Point, not exceeding three thousand five hundred acres on the north side of the river, and the whole did not exceed a township *five miles square, or sixteen thousand acres. Its extent and limits, and to some extent its ownership, will appear in a record of the partition made by the Massachusetts Court, of which a record will be found hereafter. It is represented that the surrender of the jurisdiction of this patent by its owners to Massachusetts, covered Portsmouth, which was true only of that part of Portsmouth which is included in Newington ; and even that was claimed by Portsmouth as belonging to them, and not to the Squam scot Patent. 9. Grant of the Council of Plymouth to Sir Ferdinando Gorges and others, of ihe lower plantation on the Piscataqua ; date, Spring of 1631. Dr. Belknap gives the following account and abstract of this grant — Far. B. 9 : " London adventurers also thought it prudent to have some security for the interest which they had advanced, and accord ingly obtained a grant from the Council of 'That part of the patent of Laconia on which the buildings and salt-works were erected, situate on both sides the harbor and river of Pascata qua, to the extent of five miles westward by the sea coast ; then to cross over towards the other plantation in the hands of Edward mXion.'— Hutch., vol 1, p. 316. The grantees named in this patent were Sir Ferdinando Gorges, Capt. John 30 NEW-HAMPSHIRE. Mason, John Cotton, Henry Gardner, George Griffith, Edwin Gay, Thomas Warnerton, Thomas Byre, and Eliezer Eyre, who, it is said, had already expended three thousand pounds in the undertaking. They were to pay forty-eight pounds per annum, by way of acknowledgment to the President and Council, if demanded. — Eubbard Ms. (P. 216 of printed copy.) Captain Caraocke, a relation of the Earl of Warwick, with Henry Jocelyn, who were then intending a voyage hither, were appointed to put the grantees in possession. Within this patent are comprehended the towns of Ports mouth, Newcastle, Eye, with part of Newington and Green- land." In a note, Belknap says : " Mr. Hubbard says that this pat- ent was in the hands of some gentlemen of Portsmouth, when he wrote. I have seen no copy of it but what is preserved in his manuscript history. There is, among the ancient files in the Eecorder's Office, an invoice of goods sent over in 1631, subscribed by all the above names, except the last, in whose stead is subscribed William Giles." Mr. Hubbard (Gen. His. of N. B., 215) says, speaking of the Piscataqua settlements : " Sir Ferdinando Gorges and Captain John Mason might have had a principal hand in carrying on that design, but were not the sole proprietors therein ; there being several other gentlemen that were concerned therein ; and, till after the year 1631, there seems to have been not many other buildings considerable erected in any other place about Pascataqua Eiver ; all which is evident by an indent ure, yet extant, in the hands of some gentlemen now living at Portsmouth, a town seated down near the mouth of the said river, wherein are these words : " ' This indenture, made the 3d day of November, 1631, be tween the President and Council of New-England, on the one part, and Sir Ferdinando Gorges, Captain John Mason, John Cotton, Henry Gardner, George Griffith, Edwin Guy, Thomas Wannerton, Thomas Eyre, and Eleazer Eyre, on the other part, witnesseth,' &c. After which is added, 'foreasmuch as the forementioned have, by their agents there, taken great pains and spent much time in discovery of the country, all which hath cost them (as we are credibly informed) three ANCIENT GRANTS. 31 thousand pounds and upwards, which, hitherto, they are whol ly out of purse, for, upon hope of doing good for time to come to the public, and for other sufficient causes and considera tions, the said President and Council especially moving, have given, granted, bargained, sold, effeoffed and confirmed to Sir Ferdinando Gorges and the rest, an house, with all the privi leges thereunto belonging, wherein Captain Neal and the colony with him do, or lately did, reside.' Among qther things, there is also added salt-works, lying and being situate near the harbor of Pascataqua, with all the lands adjoining, that run along five miles westward by the sea coast, and to cross over in an angle of three miles' breadth towards a plantation in the hands of Edward Hilton, supposed to be about Dover, and so towards Exeter." And for this grant, by way of acknowledgment, or some thing of like nature, as is expressed in the indenture, they were to pay £48 per annum to the President and Council of New-England, if demanded. In the samo indenture it is added, that they gave power to Captain Cammocke and Mr. Jocelyn, as their attorneys, to put them into possession thereof, which was surely to be understood by way of anticipa tion ; for it is known that Captain Cammocke (who is said to be related to the Earl of Warwick) and Mr. Jocelyn were in England at the time when this indenture is dated, and neither of them came to New-England till about the year 1633. This indenture of November 3d, 1631, hath no other subscription in the bottom of it but this : " Hcec copia debits examinata verbatim inventa est concordare cum originati. Per me notarium infra testatum sacra regia authoritate admissum etjuratum, Londini commorantem, hoc 11 die Januarii, 1631. Tho. de Wache, Notar. Publ." This indenture, though without any hand or seal annexed, seems to be of as much force as other instruments of like nature produced on such like accounts at the present time. 32 NEW-HAMPSHIRE. 10. Grant: Council of Plymouth io Captain John Mason, from Naumkeag io Piscataqua; date, 22 April, 1635. Abstract, 1 Belk., 14. Areegmeni for ihe Grant, IN. H. His. Soc. Coll., 311. " Forasmuch as by a mutual agreement, we, whose names are subscribed, patentees or adventurers, and of the Council, are to join in the surrender to His Majesty of the Great Charter of that country, which was granted to us in the 18th year of the reign of King James of blessed memory; in whose presence, February 3, 1634, lots were drawn, for settling of divers and sundry divisions of lands on the sea coasts of said country, upon most of us, who hereto have never been con - firmed in the lands so allotted ; and to the intent that every one of us, according to equity, and in some reasonable man ner, answerable to big adventures or other interest, may enjoy a proportion of the lands of the said country to be immedi ately holden of His Majesty. We do therefore condescend and agree that all the part of the sea-coast of the country aforesaid, shall belong to Captain John Mason, to begin at the middle of Naumkeek river, and from thence to proceed eastward along the sea-coast to Cape Ann, and round about the same into Piscataqua harbor, and so forward up the river of Newitchawannack, and to the fur thest head of said river, and from thence northwestward till sixty miles be finished from the first entrance of Piscataqua harbor. Also from Naumkeek through the harbor and river thereof up into the land west sixty miles ; from which period to cross over land to the sixty miles end accounted from Pis cataqua through Newichwannock river, and into the said land northwest as aforesaid ; and hereunto is to belong the south half of the Isle of Shoals, and ten thousand acres of land on the southeast part of Sagadehock, at the mouth or entrance thereof, saving and reserving out of this division to every one that hath any lawful grants of lands or plantation lawfully settled in the same, the free holding and enjoying of his right with the liberties thereunto appertaining, laying down his jura regalia, if he have any, to the proprietor of his division ANCIENT GRANTS. 33 wherein his land with and paying some small ack'Wrl- edgment, for that he is now to hold his said land anew-oFthe proprietor of his division. i ( I^enox, Edward Gorges, f^ Hamilton, Ferd. Gorges. Arundel & Surry, Carlile, Starling, Concordat cum originali facta collatione. Per me: Thomas Matdwell, iVbtor. Publicum.— Hubbard's New-Eng., 231. GEANT. From Hazard's State Papers, 1 N. H. His. Soc. Coll 313. To all Christian people unto whom these presents shall come, the Council for the affayres of New-England in America send greeting in our Lord God everlasting : Whereas our late Sovereign Lord King James, of blessed memory, by his highness's letters patents under the Great Seal of England, bearing date at Westminster, the third day of November, in the eighteenth year of his reign, over his high ness's realme of England, for the consideration in the said letters patents expressed and declared, hath absolutely given, granted, and confirmed unto the said Counsell and their suc cessors, for ever, all the land of New-England, in America, ly ing and being in breadth from fourty degrees of northerly latitude, from the equinoctiall line, to fourty-eight degrees of the said northerly latitude inclusively, and in length of and within all the breadth aforesaid from sea to sea, together with all the firm lands, soyles, grounds, havens, ports, rivers, wa ters, fishings, mines, and in mineralls, as well as royall mines of gould and silver, as other mines and minerals, pretious stones, quaries, and all and singular other commodities, juris dictions, royalties, priviledges, franchises, preheminences, both within the said tract of land upon the mayn, and also within the yslands and seas adjoining, as the said letters pattents among divers other things therein contained, more at large doth and may appeare. 34 NEW-HAMPSHIRE. Now, know all men by these presents, that the said Counsell of New-England, in America, being assembled, in public court, according to an act made and agreed upon, the third day of February last past, before the date of these presents, for divers good causes and considerations them unto especially moving, have given, granted, aliened, bargained and sold, and in and by these presents do, for them and their successors, give, grant, alien, bargane, sell and confirm unto Capt. John Mason, Esq., his heyers and assigns, all that part of the mainland of New- England aforesaid, beginning from the middle of Naumkeek river, and from thence to proceed eastwards, along the sea- coast, to Cape Anne, and round about the same to Pischata- way harbor, and so forwards up within the river of Newgaw- anacke, and to the furthest head of said river, and from thence Northwestwards till sixty miles bee finished, from the first entrance of Pischaqua harbour, and also from Naumkeeke, through the river thereof, up into the last west sixty miles, from which period to cross over land to the sixty miles, and accompted from Pischataway, through Newgewanacke river, to the land northwest aforesaid ; and also all that the south half of the Isles of Shoals, all which lands with the consent of the Counsell shall from henceforth be called New-Hampshire • and also ten thousand acres more of land in New-England' aforesaid, on the southeast part of Sagadihoc, at the mouth or entrance thereof, from henceforth to be called by the name of Massonia; together with all and singular, havens, harbors, cricks and yslands inbayed, and all islands and isletts lying within five leagues distant of the mayne land, opposite and abutting upon the premises or any part thereof, not formerly lawfully granted to any by spetiall name; and all mines, min- erals, quaries, soyles and woods, marshes, waters, rivers, lakes, fishings, hawkings, hunting and fowling, and all other royal- tys, jurisdictions, privileges, preheminences, profitts, comodi- tys, and hereditaments whatsoever, with all and singular theire and every of theire appurtenances, and together, alsoe, with all rents reserved, and the benefits of all profitts due, to the said Council and their successors, with power of judicature in all causes and matters whatsoever, as well criminall, capitall and civil, arising, or which may hereafter arise, within the ANCIENT GRANTS. 35 limits, bounds and precincts aforesaid, to be exercised, and executed, according to the laws of England, as neere as may be, by the said Capt. John Mason, his heyers and assignes, or his or their deputys, leeftenants, judges, stewards or officers thereunto by him or them assigned, deputed or appointed from tyme to tyme, with all other priviledges, frantises, libertys, immunitys, escheats and causuallitys thereof, arising, or which shall or may hereafter arise, within the said limits and pre cincts, with all the right, title, claime, and demand whatsoever, which the said Counsell or their successors now of right have, or ought to have or claim, or may have or acquire hereafter, in or to the said portions of lands or islands, or any of the premises ; and in as large, free, ample, beneficial a manner, to all intents, constructions, and purposes whatsoever, as the said Counsell, by virtue of his said Majestys said letters pattents, may or can grant the same ; saving and always reserving unto the said Counsell and their successors, power to receive, heare and determine all and singular, appeale and appeales of every person and persons whatsoever, dwelling or inhabiting within the said territorys and islands, or any part thereof, so granted as aforesaid, of and from all judgments, and sentences what soever given within the said lands and territory aforesaid ; to have and to hould all and singular the lands and premises above, by these presents granted (except as before excepted), with all and all manner of profitts, commoditys, and heredita ments whatsoever, within the lands and precincts aforesaid, to the said lands, islands and premises, or any part of them, any wise belonging or appertaining unto the said Capt. John Mason, his heyers and assignes, to the only proper use and behoof of him the said Capt. John Mason, his heyers and assignes for ever, to be houlden of the said Counsell and their successors, per gladium commitatis, that is to say, by finding four able men, armed and arayed for the ware, to attend upon the Governor of New-England for the public service, of within fourteen days after any warning given ; yielding and paying unto the said Counsell and their successors for ever, one fifth part of all the ore of the mines of gould anS silver which shall be had, possessed or obtayned within the limits or pre cincts aforesaid, for all rents, services, dutys, and demands 36 NEW-HAMPSHIRE. whatsoever, due unto the said counsell and their successors from any plantation within the precincts aforesaid, the same to be delivered unto his majesty's receiver, his deputy or deputys assigned for the receipt thereof, to the use of his majesty, his heyres and successors, from tyme to tyme, within the lands, precincts and territorys of New-England aforesaid. And, lastly, the said council have deputed and authorized and appointed, and in their place and stead have put Henry Joce lyn, Esq., and Ambrose Gibbins, gentle, or either of them, to be their true and lawful attorney and attornies for them, and, in their name and stead to enter into the said lands and other the premises, with their appurtenances or any part thereof, in the name of the whole, and take quiet and peaceable possession and seizin thereof; so had and taken aforesaid, then to deliver these same unto the said Capt. John Mason, his heyers or assignes, or to his or their certen attumey or attur- neys, to be by him or them deputed on that behalf, according to the purport, true intent and meaning of these presents. In witness whereof, they, the said counsell, have hereunto affixed their common seal, dated two and twenteth day of April, in the eleventh yeare of the reigne of our Sovereign Lord Charles, by the grace of God King of England, Scotland, France and Ireland, Defender of the Faith, Anno Domini 1635. Sealed with the seal of the said Counsell thereto ap pended. Vera copi'a— Feed, Ixem, Not. Publicus. 11. Charter: Charles I to Capt. John Mason. All that is known to me on this subject, is found 1. F. Belk. 14, note : " Whether Capt. Mason had his title confirmed by the King, after the surrender of the Great Charter, is a point that has been questioned. I shall here collect what evidence I have met with on both sides. In a pamphlet published in 1728, containing a detail of the grants and transactions of Capt. Mason, it is said " King Charles I, by charter dated Aug. 19, 1635, gives, grants and confirms unto Capt. John Mason, then called treasurer and paymaster of his army, his heirs and assigns, all the aforesaid ANCIENT GRANTS. 37 tract of land, granted to him by the council of Plymouth, by ^the name of the Province of New-Hampshire ; with power of government, and as ample jurisdiction and prerogatives as used by the Bishop of Durham ; creating him and his aforesaids absolute lords and ¦proprietors of the Province of New-Hampshire, with power of conferring honors, &c. On this authority, I suppose, Douglas has asserted the same thing. — Doug. Sum. 1, 418. On which Hutchinson (His. Mass. 1, 317) remarks : "This is not probable. His heirs were certainly unacquainted with it, or they would have made mention of it before the King in Council in 1691." The report of the Lords Chief Justices in 1677, wherein the several grants are recited, makes no mention of this. But, on the contrary, it is said, " As to Mr. Mason's right of gov ernment within the soil he claimed, their Lordships, and, indeed, his own counsel, agreed he had none ; the great council of Plymouth, under whom he claimed, having no power to trans fer government to any." The Lords of Trade, in a report to the King in 1753, say " It is alleged that this last grant to Mason was ratified and confirmed to the Crown by charter, dated Aug. 19, 1635, with full power of civil jurisdiction and government; but no such charter as this appears upon record. None of Mason's heirs ever attempted to assume govern ment by virtue of such a charter as the heirs of Gorges did in the province of Maine. Eobert Mason was appointed counsellor by mandamus, and Samuel Allen, who purchased the title, was Governor by commission from the Crown. George Yaughan, in a letter to Gibbons, 10th April, 1636, 1 Belk., Appx. 11, says : "I spoke with Sir Ferdinando Gorges. He tells me he is getting a patent for it [his own division] from the King, from Piscataqua to Sagadehock, and that be tween Merrimack and Piscataqua he left for Mr. Mason, who, if he had lived, would a took a patent for that also ; and so I suppose the affairs of Laconia is dead." No allusion is made to such a charter in Mason's Petition to the King, probably, in 1676. F. Belk., App. 22, where his title seems fully stated. 38 NEW-HAMPSHIRE. LACONIA. [Since the foregoing grants were in type, a copy of the "Grant by the Presid't and Council of New-England, of Laconia, to Gorges and Mason. 17 November, 1629," has been obtained from the office of Secretary of State, Mass. — Ed.] The said grant included "all those lands and countrys lying " adjacent or bordering upon the great lake or lakes or rivers, " commonly called or known by the name of the Eiver and " Lake or Eivers and Lakes of the Iroquois, a Nation or Na- " tions of savage people, inhabiting up into the landwards " betwixt the lines of west and north west, conceived to pass "or lead upwards from the rivers of Sagadahock and Merimack " in the country of New-England aforesaid, together also with " the Lakes and Eivers of the Iroquois and other nations adjoin- " ing, the middle part of which Lake is situated lying neer about " the latitude of forty -four or forty-five degrees, reckoned from " the equinoctial line northwards, as also all the lands, soils and "grounds within ten miles of any part of the said lakes or " rivers on the south or east part thereof, and from the west " end or sides of the said lakes or rivers so far forth to the " west as shall extend halfway into the next great lake to the "westward, and from thence northwards into the north side "of the main river which runeth from the great and vast west- " ern lakes and faileth into the, river of Canada, including all " the Islands within the precinct or perambulation described. " Said Ferdinando Gorges and Capt. John Mason shall and " will, before the expiration of three years, to be accounted « " from the day of the date hereof, have in or upon the said "portions of lands, or some part thereof, one fort, with a com- "petent guard and ten familys at the least of his Majesty's "subjects, resident and being in and upon the same premises, " or in default thereof, forfeit and loose to the President and "Council the sum of one hundred pounds, &c. " By the said grant moreover, it shall and may be lawful for "the said Sir Ferdinando Gorges and Capt. John Mason, &c., "to have free egress, regress, way and passage to enter and "pass and return from and to any of the said demised lands, LACONIA. 39 " lakes and rivers, with their ships, boats, barkes or other ves- " sels, with their munition and their cattle and commoditys of " what nature soever, from, by and through any of the lands, " rivers, harbours, creeks or sea ports, upon the sea coast or "frontier parts of New-England aforesaid, &c., without any " lett, trouble or interruption, molestation or hindrance of " them, the President and Council. "For [their] belter accommodation, it shall be lawful for " them to make chois of, and take and possess for the use of " them the said Sir Ferd. Gorges and Capt. John Mason, in " any of the ports, harbours or creeks in New-England, lying " most commodious for their passage up into the said lakes, " one thousand acres of land upon the side or sides of such " harbours, ports, rivers or creeks, where the same is not dis- " posed of to any other persons." Edward Godfrey was constituted lawful attorney of the President and Council, to take possession, &c., and deliver the said granted premises to Sir Ferdinando Gorges and Capt. John Mason. This indenture was signed and sealed as above, 17 Novem ber, 1629. 40 NEW-HAMPSHIRE. 12. Surrender of Plymouth Council to the King. April 6, 1635. A petition in this form was presented to the King: May it please your Most Sacred Majesty! It is humbly desired by the Duke of Lenox, &c., ancient patentees and adventurers in the plantation of New-England, that forasmuch as they are now presently to join in the surrender to Your Majesty of the grand Patent of their corporation, that your Eoyal Majesty will be graciously inclined to give order to your Attorney General to draw several patents, of such par cels of land as by their mutual consent have been allotted to them; and to have the same patents prepared fit for your Majesty's Eoyal signature, with such titles, privileges and immunities as have been heretofore granted, cither to them or any other by your majesty, or by your late royal father. King James, of blessed memory, with reservations of appeal to the Governour or Lieutenant of the territories, in cases reasonable, that they, knowing their own interest, may be better able to plant and govern them to your Majesty's honor, their particu lar profits, and their people's civil government, and faithful obedience to the laws of your Sacred Majesty. April 6, 1635. —Hub. N. E. 230. At page 227 of Hub. N. E. is a similar but much extended petition to the Lords of the Council. The surrender is given at length in 1 Haz. Coll. 393-394. Dated June 7, 1635. Williamson, 1 Maine 258, gives this account of the svirren- der : "The Council had their last meeting, April 25, 1635, when only sixteen members were present. They entered in their books the causes of their proceedings, sayinc — " We have been bereaved of friends, oppressed with losses, expenses and troubles ; assailed before the Privy Council again and again with groundless charges; and weakened by the French and.other foes without and within the realm, and what remains is only a breathless carcass. We, therefore, now re sign the patent to the King, first reserving all grants by us made and all vested rights." mason's will. 41 13. Sale hy Sir Ferdinando Gorges to Captain John Mason, of three miles in breadth East of the Piscataqua, September, 1635. The only account I have seen of this transaction is given by Dr. Belknap, 1 P. Belk., N.H., 15 : " In September [1635], Gorges sold to Mason a tract of land on the northeast side of the river Piscataqua, extending three miles in breadth, and following the course of the river from its mouth to its furthest head, including the saw-mill which had been built at the falls of Newichwannock" (Printed state of Allen's title). NoTB. The record of the case of Joseph Mason, Attorney of Mrs. Anne Mason, decided by the General Court of Massachusetts in 1652, of which a copy will be given, tends to show the existence of this transfer. — . 14. Will of Capt. John Mason, dated Nov. 26, 1635. The following extract from this will is found 1 N. H. His. Soc. Coll., 317, from Haz. State Papers : " Now as concerning the disposition of all and singular my manners, messages, lands, tenements and hereditaments, with their and every of their rights, members and appurtenances, as well within the realm of England as elsewhere ; I give, devise, and bequeath the same, and every of them, to such person and persons upon such trusts and confidence, to such uses and intents and purposes, and under such provisoes and conditions, limitations, as are hereafter expressed ; that is to say, first, I give, devise, and bequeath unto the Mayor and Commonalty, and incorporation of the town of Kinglyn, in the county of Norfolk, where I was born, by what name, title or addition soever the said town or corporation is, have been, or shall be called, known or incorporated, and to their suc cessors, for ever, under the proviso or conditions nevertheless hereafter expressed, two thousand acres of my land, in my county of New-Hampshire, or Mason Hall, in New-England, which by my executrix [his wife Anne Mason], and overseers aforesaid [his brother-in-law John Wallaston], shall be thought 42 NEW-HAMPSHIRE. most fit, and the reversion and reversions, remainder and the remainders of the said two thousand acres of land and every part thereof. Item. I give, devise and bequeath unto my loving brother- in-law, John Woolaston, and to his heirs and assigns for ever, to be holden of my heirs in fee-farm, three thousand acres of land, with the appurtenances, in my county of New-Hamp- shir0, or manner of Mason Hall aforesaid, where my said brother and executrix shall think fit. I give, devise and bequeath unto my grandchild, Ann Tuf ton, and to her heirs and assigns for ever, all those my lands, tenements and hereditaments, with the appurtenances, lying and being at Capham of Wagam, upon the southeast side of Sagadahock, in New-England aforesaid, called Masonia, and containing, by estimation, ten thousand acres, or thereabouts, be the same more or less. Item. I give, devise and bequeath unto my grandchild, Eobert Tufton, and to his heirs and assigns for ever, under the provisoes and conditions nevertheless hereafter expressed, all that my manner of Mason Hall, in New-England aforesaid, with all the lands, tenements, hereditaments, rights, members and appurtenances thereunto belonging, except such part of the land thereunto belonging, as is before bequeathed by this ray will, and the reversion, remainder and remainders, rents and other yearly profits whatsoever of the same premises, to have and to hold the same, and every part thereof, except before excepted, unto my said grandchild, Eobert Tufton, and to his heirs and assigns for ever ; provided, always, and upon condi tion, nevertheless, and my true intent and meaning is, that the said Anne, my wife, shall have and enjoy the said manner and premises, given unto my said grandchild, Eobert Tufton, as aforesaid, and receive, take and enjoy to her own proper use, the rents, issues and profits thereof, until my said grandson, Eobert Tufton, shall attain and accomplish his full age of twen ty-one years, if my said wife shall live so long : provided, also, and my further will and meaning is that my said grandson, Eobert Tufton, shall alter his sir name, and sir name himself Mason, before he shall be capable to enjoy the said manor and mason's will. 43 premises, according to this my will, for that my true in tent and meaning is, that the said manor and premises shall continue in my name as it now doth,' and no otherwise. Item. I give, devise and bequeath unto my said brother-in- law, John WoUaston, his heirs and assigns for ever, two thou sand acres of land in my county of New-Hampshire, in New- England aforesaid, where my said brother and executrix aforesaid shall think fit, upon trust and confidence, and to" the use, intents and purposes, that my said brother, John Woolas ton, or his heirs, and my said wife, Ann Mason, shall, with all speed convenient, after my decease, at the charge of my estate in due form of law, settle and convey one thousand acres of the said land to some feoffees in trust, and to their heirs for ever, for and towards the maintenance of an honest, godly and religious preacher of God's Word, in some church or chappie, or other public place appointed for divine worship and service, within the said county of New-Hampshire, where my said wife and brother shall think fit, the said feoffees and their heirs pay ing and allowing unto my heirs for ever the yearly rent of one penny, if it be demanded, and two fifth parts of all such mines royal as shall be found in and upon the said one thousand acres, more [over the] residue of the said two thousand acres of land, I will shall be settled and conveyed as aforesaid to some feoffees in trust and their heirs, for ever, for and towards the maintenance of a free Grammar School, for the education of- youth in some convenient place within the said county of New- Hampshire, where my said wife and brother-in-law shall think fit, they also paying and allowing unto my heirs, for ever, the yearly rent of one penny, if it be demanded, and two fifth parts of all such mines royal as shall be found in and upon this said one thousand acres of land, or any part thereof. All the rest and residue of all and singular my manners, mes sages, lands, tenements and hereditaments, with their and every their appurtenances lying and being within said county of New-Hampshire, or elsewhere in New-England aforesaid, not before bequeathed by this my will, I give, bequeath the same unto my grandchild, John Tufton, and to the heirs of his body lawfully begotten ; and for want of such issue to the said Eobert Tufton, or my grandchild, and to tho heirs of 44 NEW-HAMPSHIRE. his body, lawfully begotten ; and for want ef such issue, te my Cousin Dr. Robert Mason, Chancellor ef the Diocess of Win chester, and to the heirs male of his body lawfully begotten, or to be begotten ; and for want of such issue, te my right heirs and assigns for ever; provided, always, and my will and mean ing is, that my wife, Ann Mason, shall have, hold and enjoy the said manners, messages, lands and premises by me given te my grandchild, John Tufton, as aforesaid, and receive the rents, issues and profits thereof, and of every part thereof, to her own use, profit and behoof, until my said grandchild, John Tufton, shall attain to, and accomplish, his full age of one and twenty years, if the said Ann, my wife, shall so long live : provided, also, and my further will, mind and meaning is, and do hereby devise and appoint that my said grandchild, John Tufton, shall alter his sir name, and shall name himself Mason, before he shall be capable to enjoy the said manners, lands and prem ises, or any part thereof, according to my bequest. [Captain Mason's will was dated November 26, 1635, and the copy from which the above extracts were made, contains the whole of it, and a certificate that it was proved by the oath of Ann Mason on the 22d December, 1635.] W. Plumer.— Bas. State Papers. DEPOSITIONS. 45 16. Francis Small's Deposition. Francis Small, of Piscattaway, in New-England, planter, aged sixty-five years, maketh oath, that he hath lived in New-Eng land upwards of fifty years; that he very well knew the plantations Capt. Mason had caused to be made at Piscattaway, Strawberry Bank, and Newichwannock, and was well acquaint ed with all the servants imployed by Capt. Mason, upon the said plantations, some whereof are yet living; and that there was a great deal of stock at each ef those plantations. And this deponent doth very well remember that Capt. Mason sent into this country eight Danes te build mills, to saw timber, and tend them, and to make potashes ; and that the first saw mill and corn-mill in New-England was erected at Capt. Ma son's Plantation, at Newichwannock, upwards of fifty years — where was also a large house with all convenience ef out houses, and well fortified with store of arms. That about for ty years since, the said house and buildings were burnt to the ground, but by what means this deponent doth not knew ; that about the same time this deponent was employed by Capt. Francis Norton (who then at Capt. Mason's house at Piscattaway, called the great house) to drive about one hundred head of cattle towards Boston, and the said Captain Norton did go with the cattle ; that such cattle were then usually sold at five and twenty pound the head, money of England. And the said Norton did settle himself at Charles town, near Boston, and wholly left Capt. Mason's plantation, upon which the ether servants shared tbe residue of the goods and stock among them, which were left in that and the other plantations, and possessed themselves of the houses and lands. And this deponent doth verily believe that, from the cattle sent hither by Capt. Mason, most of the cattle, in the provinces of New-Hampshire and Maine have been raised, for this de ponent doth not remember or heard that any one person else did bring over any. That Thomas Warnerton, a servant to Capt. Mason, and lived in a fair house at Strawberry Bank about the year 1644, did carry quantities of goods and arms belonging unto Capt. Mason's plantation, and sold them to the French that did inhabit at Port Eoyal, where the said Thomas 46 NEW-HAMPSHIRE. Warnerton was slain. That sometime after, one Sampson Lane came ever from England, with power, as he pretended, to look after and take care of the aforesaid plantations, and did settle himself in the great house at Strawberry Bank, and made additions thereunto, where he continued about three years, and then returned for England, upon whose departure John and Richard Cutts got into possession of the aforesaid house and lands at Strawberry Bank, but by what right this deponent never heard; and have sold several small tracts, upon which many houses are now built and possessed by the rela tives of the said Cutts. Francis Small. Sworn before me, the 8th September, 1685. E. Ghambeelain, Justice Peace. 17. Nathaniel Boulter and John Redman's Deposition. Nathaniel Boulter, aged sixty years, and John Eedman, aged seventy years, of the town ef Hampton, in the province of New-Hampshire, yeoman, make oath, that they were two of the first planters that did sit down at Hampton aforesaid, about forty-three years since, by authority of the Massachu setts General Court, which gave power to some few persons (called selectmen), who came likewise to inhabit in the said town, te grant er sell lands to ethers as they thought fit. That upon these deponents first settling at Hampton, several of the servants of Capt. Mason, or his heirs, came from Piscattaway to Hampton, and did forbid these deponents and others from settling in the said town without license from the proprietor or his agents, and paying a quit rent. But these deponents, and others ef the inhabitants, being backed by authority ef the Massachusetts government, which had declared those lands to be in her jurisdiction, no regard was had to the prohibition by Capt. Mason's servants. And these deponents do very well re member that Mr. Mason had made a great plantation at Piscat taway and Newichwannock, where there were a great stock of cattle, and much land improved. And these deponents, about forty years since, did see a drove of one hundred head of great cattle, or thereabouts, that came from off Captain Mason's plantation at Piscattaway, and drove through the town of Hampton towards Boston, by Capt. Norton and others, the DEPOSITIONS. 47 servants of Capt. Mason or his heirs, and there sold and dis posed of (as these deponents were informed) by the said Capt. Norton, who did then settle himself in or near Boston, and deserted the plantation at Piscattaway. And these deponents do further testify that such cattle were commonly valued at five and twenty pounds the head, being very large beasts of a yellowish colour, and said to be brought by Capt. Mason from Denmark. And these deponents say, that soon after Captain Norton's going to Boston to inhabit, the Massachusetts govern ment did lay claim to the whole province of New-Hampshire, as pretending it to be within their patent, and did accordingly exercise a jurisdiction therein, and required those inhabitants to take an oath of fidelity to them. Nathaniel Boultek. John Eedman. Sworn before me, 6th of November, 1685. E. Chamberlain, Justice of the Peace. 18. George Walton's Deposition. George Walton, of Great Island, in the Province ef New- Hampshire, yeoman, aged seventy years, or thereabouts, tes- tifieth, that he hath been an inhabitant in the said province about fifty years ; that most part of the lands he now possesses were granted by Capt. Henry Jecelyne, Steward to Capt. Mason, the proprietor; that this deponent doth very well know that Capt. Mason had many servants, and a great stock of cattle upon his lands ; that the said servants, and others, after the decease of the said Capt. Mason, did imbezill and ruin the estate. And particularly Capt. Francis Norton, agent or steward to Capt. Mason or his heirs, about forty years since, did drive from Capt. Mason's Plantation, at Pis cattaway, called the great house, about one hundred head of great cattle, which were then usually valued at twenty-five pounds the head ; and as this deponent was credibly informed, the aforesaid cattle were sold in and about Boston by the said Norton, who also settled himself thereabouts, and deserted Capt. Mason's Plantation ; that thereupon the rest ef the stock, goods and implements belonging to Capt. Mason's Plan tation were made away with by the said servants and others. 48 NEW-HAMPSHIRE. And this deponent doth very well remember the fort built by Capt. Mason upon the Great Island (in the same place where the fort now stands), and that it was strong and sub stantially made, and furnished with great guns, of which some were brass, and were afterwards taken away by Major Wal dern and his brother William Waldern and others, but by what authority this deponent never heard. And some of the guns this deponent did see put into a ship belonging to one Lane. And this deponent knows, that to the great house at Piscattaway aforesaid, there were adjoining about one thou sand acres of improved lands, marsh, meadow and planting grounds, which were divided and parcelled out by the servants of Capt. Mason and ethers, the select, er prudential men (of the town of Portsmouth), as they were so called, who still enjoy the same, or their heirs and assigns, whereof William Vaughan and his brother-in-law have a large share given them by their father-in-law, Eichard Cutt. And the said great house, by the means aforesaid, came to decay and fell down, the ruins being yet to be seen, out of which several good farms are now made. And this deponent doth very well remember that the said Capt. Mason had made a great plan tation at a place called Newichwannock, about sixteen miles from that ef Piscattaway, which by the means aforesaid was ruined, and shared among several of the said Capt. Mason's servants and ethers. And this deponent doth further say, that to his particular knowledge, the servants sent ever by Capt. Mason, of which seme are living, and those descended from them, which are many, have been and are, the most violent opposers of the new proprietor, Eobert Mason, Esq. And this deponent further saith, that those lands in Portsmouth called, both now and formerly. Strawberry Bank, were the planting grounds and pasture belonging te the great house at Straw berry Bank, wherein Thomas Warnnerton did inhabit, that was sometime agent for Capt. Mason, and after the death of Warnnerton, who was slain about forty years since, the said house and lands were possessed by Sampson Lane, but by what right this deponent doth not know. George Walton. Taken before me, the 18th December, 1685. Walter Barefoot, Dep. Governor. LETTERS CONCERNING THE HOLLANDERS. Capt. Mason to Mr. Secretary Coke. Trade Papers, State Paper Office, X, 1. From N. Y. Col Mss., Ill, pp. 16, 17, 18. Eight Honorable : — In the year of our Lord God 1621, or thereabouts, certaine Hollanders were upon the coast of New- England trading with the Indians, betwixt Cape Codd and Bay de la Warre, in 40 degrees of northerly latitude, being a parte of that country which was granted to Sir Walter Raleigh by Queen Elizabeth in Anno 1584, and afterwards to divers of her subjects under the titles of Virginia ; which country was divided by agreement of the Virginia company, and the northeast parte thereof confirmed afterward by King James, in Anno 1606, to the President and Counsell for the planta tions there, which have been settled in Virginia on the one hand to the westwards, now about fortie years ; and in New- England on the other hand to the eastward, above twenty-five years since. The sayed Hollanders as interlopers fell into the middle, betwixt the sayed plantations, and at their returne of their voyage aforesayed, published a mapp in the low coun tries of the sayd sea coasts, comprehended betwixt Virginia and Cape Codd, under the tytle of New-Netherlands, giving the name of the Prince of Aurange to the countrie and river of Manahata, where the Dutch are now planted (which sayd countrie was many years before discovered by two En glishmen in their voyages to Virginia), and giving other Dutch names to other places to the eastward of the sayd Manahata river as farr as Cape Codd ; all which had beene formerly dis covered and traded unto diverse tymes by severall English men, as may be proved. And Sir Samuel Argall, Kn't, with many English planters, were preparing to goe and sitt downe in his lott of land upon the sayd Manahata river, at the same tyme when the Dutch intruded, which caused a Demurre in their proceeding untill King James, upon complaint of my Lord of Arundell, with Sir Ferdinando Gorges, Kn't, and the said Sir Samuel Argall (formeriy Governor of Virginia), and Capt. John Mason of the sayed Dutch intruders in Ano 4 5§ NEW-HAMPSHIRE. 1621, had by his Majesty's order a Ire to the Lord of Dor chester their Ambassador at the Hague, questioned the States (Those Ires of the Lords do bear date the 15th of December, 1651.) of the low countries for that matter. Which tbe Lords the States by answer (as I take it) ef their ambassador SirNowell Carrenne sid disclayme, disavowing any such act that was dene by their people with their authority ; which my Lord of Arundell and I think the Lord Baltimore (then Secretary of State) doe remember, and Sir Ferdinando Gorges and Capt. Mason can witnesse the same. Neverthelesse the year follow- which (as I take it) was 1622, the sayd Dutch, under a preten- did authority from the West India Company of Holland, main- tayned as they sayd by commission from the said Prince of Aurange did returne to the foresayd river of Manahata and made plantation there, fortifying themselves there in two sev erall places, and have built shipps there, whereof one was sent into Holland of 600 tunnes or thereabouts. And albeit they were warned by the English plantation at New Plymouth to forbeare trade and not to make any settlement in those partes, letting them know that they were the territories of the King of England, yett nevertheless with proude and contumacious answers (saying they had commission to fight against such as should disturbe their settlement) they did persist to plant and trade, vilefying our nation to the Indians, and extolling their owne people and countrye ef Holland, and have made sundry good returnes of commodities from thence into Holland ; es pecially this year they have returned (as it is reported) 15,000 beaver skynnes, besides other commodities. Your Ho", humble servant, (Signed) JOHN MASON. April 2, 1632. (Endorsed by Sir John Coke, Secretary of State.) " Capt. Mason concerning the Hollanders in Virginia." Sir Ferdinando Gorges to Capt. Mason about an expedition on the Dutch. — Trade papers, State paper office, X, 2. [N. T. Col. Mss. 3, p. 17.] Sm : On Thursday night I receaved yours of the 30th of March, by which I understand howe you have pceeded against THE HOLLANDERS. 51 those of the Dutch plantacon. I am glad the business is be fore the Lords. I hope they will not bee over hasty in con cluding a business of that nature, considering howe much it concernes both the honor ef the Kinge and State te make good the interest they have therein. You shal bee assured I will net ptract any time of my coming up, butt I must acquaint you with an unhappy accident that befell mee the same day I receaved yours. For haveing bene with my Lord Pawlett and diverse others of my private friends att a horse race, I took a fall from my horse, and am now in soe much extremitie of paine as I am net able to move or stirr, but as I am helped by maine strength of my servauntes ; notwithstanding, by God's favor I hope to bee with you in very short time, what shifte soever I make to travel. I am sory to heere you are so poorely seconded in a matter soe just and hon'ble. I conceive you may have from Mr. Shirly a coppy of that which came to my hands from those ef New Plymouth, with more particulars than came to mee. Itt may please you that he may bee spoken with about itt. I doubt not but att my cominge, I shall be able to give both his Matie and the Lords sufficient satisfaccen for te fortifie the justefyinge (not the stay of the shipp only), but te prosecute their displanting from thence. And that which is now to bee desired is, that wee may be heard to speak before ought be done for the shipps dispatch. I hope you will make some shifte to sende away the horses I sent you before the receipte of Mr. Eyers to the contrary, for I know they wil bee of more service and worth than any you will serve yourselves with all att the Islands ; besides heere is nee shipping that goes from hence till towards the winter quarter; but what you doe betweene you, shall please mee, thoughe I desire extreamely they may gee att this present, thoughe it were wholly on my owne accompte fer their transportation with the horses. Let this suffice I pray you for this present, for that my paine will suffer mee to say noe more att this time, save only I beseech you te remember my humble service to my Lord Marshall, and te lett his honor knowe the misfortune that retaynes mee from attending his Lopp [Lordship], soe soone as my harte desire, and soe much you may be pleased to lett piy Lord of Warwick knowe in 52 NEW-HAMPSHIRE. like manner with the remembrance of my service te his Lopp, beseeching him net to bee slacke, wherein you know his helpe may further the best wee shall gaine thereby wil bee the knowledge of what may bee expected from him hereafter, and so I comitt you te God, and rest. Y' assured loveing friend, (Signed) FEED. GORGES. Bristoll, the 6th April, 1632. To his assured loveing friend Captaine John Mason att his house att Debtford. Psent theise. LBVETT'S VOYAGE,* &c. [FTTKNISHED BT HON. S. D.' BELL.] " A voyage into New-England, begun in 1623 and ended in 1624 ; performed by Christopher Levett, His Majesty's Woodward, qf Somersetshire, and one of the Council of New-England :" was printed, as appears by the imprint, in 1628. It is prefaced by a report — " To the Right Honorable George, Duke of Buckingham ; His Grace, Thomas, Earl of Arundel and Surrey ; Eobert, Earl of Warwick ; John, Earl of Holderness ; and the rest of the Council for New-England." "May it please your lordships that whereas you granted your commission unto Capt. Eobert Gorges, Governor of New- England, Capt. Francis West, myself, and the Governor of New Plymouth, as counsellors with him for the ordering and governing of all the said territories, wherein we have been diligent to the utmost of our powers, as we shall be ready to render an account unto your honors when you shall be pleased to require us thereunto. In the meantime I thought it my duty to present to your views such observations as I have taken," &c. Christopher Levett. Chapter I. The first place I set my foot upon in New- England was the' Isle of Shoals, being islands in the sea about *See Me. Hist. Soc. II, p. 73. LEVETT S VOYAGE. 53 two leagues from the main. Upon these islands I neither could see one good timber tree, nor so much good ground as to make a garden. The next place I came unto was Pannaway, where one M. Thomson hath made a plantation. There I stayed about one month, in which time I sent for my men from the east, who came over in divers ships. At this place I met with the governor who came thither in a bark which he had from one M. Weston, about twenty days before I arrived in the land. The Governor then told me that I was joined with him in commission as counsellor, which, being read, I found it was so. And he then, in the presence of three more of the coun- cii, administered unto me an oath. In the time I stayed with M. Tomson I surveyed as much as possible I could, the weather being unseasonable, and very much snow. About two English miles further to the east I found a great river and a good harbor, called Pascattaway," &c. Capt. Levett's account is sustained by Governor Bradford. See Morton N. E. Memorial, as follows : " About the middle of September [1623] arrived Captain Eobert Gorges in the Bay of Massachusetts, with sundry pas sengers and families, intended there to begin a plantation, and pitched upon that place which Mr. Weston, forenamed, had forsaken. He had a commission from the Council of New- England to be general governor of the country, and they ap pointed for his council and assistants Capt. Francis West, the aforesaid admiral [of New-England], Christopher Levett, Esq., and the Governor of Plymouth for the time being. Also they gave him authority to choose such others as he sheuld find fit. Also they gave him by their commission full power to him and his assistants, or any three of them (whereof himself was al ways to be one), to do and execute what te them sheuld seem, in all cases, capital, criminal, and civil, with divers other in structions, of which and his commission it pleased him to suffer the Governor of Plymouth to take a copy. He, meeting with the aforesaid Mr. Weston, at Plimouth, called him before him and some of the other assistants, with the Governor of Plymouth aforesaid, and charged him with 54 NEW-HAMPSHIRB, the ill-carriage of his men at the Massachusetts, by which means the peace of the country was disturbed. Weston easily answered, that what was done in that behalf was done in his absence, and might have befallen any man. He left sufficiently provided, and considered they would have been well governed, and for any error committed he had sufficiently smarted. Soon after this the said Capt. Gorges took his leave and went te the Massachusetts by land. His ship stayed at Pli mouth and fitted to go te Virginia, having some passengers to deliver there. Capt. Gorges, after he had been at the eastward and expedited some occasions there, and some that depended on him, returned for England. There were also some scattering beginnings made in other places [in 1623], as at Piscataqua, by Mr. David Thompson, and at Monhegin, and seme ether places by sundry others." Sir Ferdinando Gorges, in his brief narration, ch. 23 (2 Maine His. Coll. 43), says : " The council were pleased te resolve of the sending some one into these parts as their Lieutenant, &c. Hereupon my son Eobert Gorges, being newly come out of the Venetian war, was the man they were pleased to pitch upon, being one of the company, and interested in a proportion ef the land with the rest of the patentees in the bay of Masse- chewset containing ten miles in breadth and thirty miles into the main land, who, between my Lord Gorges and myself, was speedily sent awaj' into the said bay of Massechewet, where he arrived about the beginning of August following, anno 1623, that being the place he resolved to make his resi dence, as proper for the public as for his private, where landing his provisions and building his storehouses, he sent te them of New Plymouth, who, by his commission, were authorized to be his assistants, te come unto him who willingly obeyed his order and as carefully discharged their duties, by whose expe rience he suddenly understood what was to be dene with the poor means he had, believing the supplies he expected would follow according to the undertakings of his friends, but they withdrew, and myself and friends were wholly disabled [by the proceedings in Parliament] to de anything te purpose; and he was advised to return home till better occasion should offer. DOVER AND SWAMPSCOT PATENTS. 55 Note. These extracts from contemporary writers are made to meet allegations of the Massachusetts government and agents, that no seizin was delivered of Mason and Gorges Province, according to the grant, nor any possession taken under it. Here Kobert Gorges, appointed Attorney to deliver seizin, and David Thompson agent of the patentees, are shown to have been together at Little Harbor in 1623, "to expedite his occasions," and possession had been taken by Mason and Gorges by their agent Thompson, as well as by Hilton at Dover Neck, which there is no pretense was ever after aban doned. Princes Annals 1626, 161, quoting Bradford, says ; " Wanting proper goods [for the Indian trade], and understanding the plantation at Mohe- gan, belonging to some merchants of Plymouth [in England], is t« break up, and divers goods to be sold, the governor with Mr. Winslow take aboat, and with some hands go thither. Mr. David Thompson, who lives at Piscataway, going with us on the same design, we agree to buy all their goods and divide them equally. Our moiety comes to £400 ; we also buy a parcel of goats," &c. This shows the continuance, of the settlement under Mr. Thompson at Piscattoway in 1626, and the purchase shows the character of its opera tions. Ibid., 1627, 169. "With the return of the ships, we [the Plymouth peo ple], says Bradford, send Mr. AUerton again to England (3) to get a pat ent for a fit trading place on Kennebeck Eiver, especially since the plant ers at Piscatoway and other places eastward of 'em, as also the fishing ships envy our trading there, and threaten to get a patent to exclude us." Belk., 1628 : " The principal persons of Piscataqua readily united with their neighbors in making application to the colony of Plymouth, which was of more force than all the rest to put a stop to this growing mischief [the sale of fire-arms to the Indians], which they happily effected, by seiz ing Morton and sending him to England." Of £12.10 expenses, Pascataquack paid £2.10, the same as Plymouth and Edward Hilton, £1. THE WHEELWRIGHT DEED. [Note. The famous Wheelwright Deed, which has been pronounced a forgery by Hoir. James Savage, the distinguished antiquarian of Bos ton, and the late John Fakmbb, Esq., of Concord, bears date May 17, 1629. Hon. Chandler E. Potter, who has devoted much attention and research to the subject, maintains the validity of the deed. But whether the deed be a forgery or not* it forms a portion of our history ; — is the basis on which rests the grant of several townships in the State, is recognized in various ways, in our public records, as genuine; and there fore I deem it proper to give it a place in this flrst volume of our Provin cial History. The deed is recorded in the ofice of Eecorder of Deeds, at Exeter, of which the following is an exact certified oopy. — Ed.J Indian Sagamores to Wheelwright and Company. Whereas wee the Sagamores ef Penacook, Pentucket, Sqam- squot and Nuchawanick, are Inclined te have y° English inhab- itt amongst us, as they are amongst our countrymen in the Massachusetts bay, by so"'' means wee hope in time to be strengthened against our enemyes, the Tarratens, who yearly doth us damage, hkewise being perswaided y' itt will bee for the good of us and our posterety &c'. To that end have att a general meeting (att Squamsquot on Piscataqua Eiver), wee the afores"" Sagamores w"' a universal consent of our subjects doe covenant and agree w"* the English as followeth : Now Know all men by these presents that wee Passaconaway Sag amore of Penacook Eunawitt Sagamore ef Pentucket Wahang- nonawitt Sagamore of Squamscott and Eewls Sagamore of Newchawanick for a compitent valluation in goods all ready received in coats, shurts and victualls and alsoe for y" Con siderations afores* dee (according te .y" Limits and bounds hereafter granted), give, grant, bargaine, sell, Eelease, Eattafie and Confirme unto John Whelewright ef y= Massachucets baye * In the course of the following records, particular facts will be noted ,that may enable readers to form an opinion respecting the validitv of the deed.— Ed. THE WHEELWRIGHT DEED. 57 Late of England, A minister of y" Gospel, Augustin Story, Thorn' Wite, Wm. Wentworth and Them' Levitt, all of y° Massachucetts baye, in New-England to them, their heires and Assignes forever, all that part of y" maine Land bounded by the Eiver of Piscataqua and the Eiver of Merrimack, that is to say to begin att Newchewanack ffalls in Piscataqua Eiver afores* and soe downe s* Eiver to the sea and soe alengst the sea shore to Merrimack Eiver, and see up along s* Eiver to the falls att Pentucett afores* and from said Pentucet ffalls upon a North west Line twenty English miles into the woods, and from thence to Eun upon a Streight Line North Bast and South West till meete w"' the main Eivers that Euns down to Pentucket falls and Newchewanack ffalls and y" s* Eivers to be the bounds of the s* Lands from the thwart Line or head Line to y" afores* ffalls and y^ maine Channell of each Eiver from Pentucket and Newchewanack ffalls to the maine sea to bee the side bounds and the maine Sea betweene Piscataqua Eiver And Melrimack Eiver to be the Lower bounds and the thwart or head Line that runs from Eiver to river to be y° uper bound, Togeather w* all Hands wi*in s* bounds, as alsoe the lies of Sholes soe Called by the English, togeather wi* all Proffitts, Advantages and Appurtenances whatsoever, to the s* tract of Land, belonging or in any wayes appertaining. Ee- serving to our Selves, Liberty of making use of Qur old Plant ing Land, as alsoe ffree Liberty of Hunting, ffishing and fowl ing, and itt is Likewise w"" these Proviseos ffoUewing, viz' : First, that y' s* John Wheelewright shall, w*in ten years after the date hereof sett Down, wi*'' a Company of English and begin a Plantation att Squamscott ffalls In Piscataqua Eiver afores*. Secondly, that what other Inhabitants shall come and Live on s* Tract of Land Amongst them from Time to Time and att all times shall have and Enjoye the same benefitts as the s* Whelewright afores*- Thirdly, that If att any time there be a numb' of People amongst them that have a mind to begin a new Plantation, that they be Encouraged soe to dee, and that noe Plantation Exceede in Lands above ten English miles Squaire, or such a Proportion as amounts to ten miles squaire. 58 NEW-HAMPSHIRE. Fourthly, that y= afores* granted Lands are to be Divided into Townshipps, as People Increase and appeare to Inhabitt them, and that noe Lands shall be granted to any pticular pson, but what shall be for a Township and what Lands w'^in a Township is granted te any Perticuler Person to be by vote ef y"= major part ef y^ Enhabitants, Legally and ord^ly settled in s* Township. Fifthly, for managing and Eegulating and to avoide Conten tions amongst them, they are te be under the Government of the Collony of the Massachucets (their neighbours), and to observe their Laws and ord" until they have a settled Gover ment Amongst themselves. Sixthly, wee the afores" Sagamores and our subjects are to have free Liberty (w^in the afores* granted tract of Land) of ffishing, fowling, hunting and Planting, &c. Seventhly and Lastly, every Township w'^'in the aforesaid Limits or tract of Land that hereafter shall be settled, shall Paye te Passaconaway, our Cheife Sagamore, that now is and to his successors for ever If Lawfully Demanded, one Coate of Trucking Cloath, a year and every year for an Acknowledge ment and alsoe shall Paye to m^ John Whelewright afores*, his heires and successors forever. If Lawfully Demanded, two bushills ef Indian Corne a year, fer and in Consideration of said Whelewrights great Paines and Care as alsoe for y" Charges he have been at all te obtain this our grant, for him selfe and those afore mentioned, and the Inhabitants that shall hereafter settle In Townships on y'' aforesaid granted Premises. And wee the afores* Sagamores, Passaconaway, Sagamore of Penecook, Eunawitt, Sagamore of Pentucet, Wahangnonawitt, Sagamore of Squamscott, and Eewls, Sagamore of Newchew anack, doe by these Presents, Eattafie and Confirme all y" afore granted and bargained Premises and Tract of Land afores* (excepting and Eeserving as afore Excepted and Eeserved, and the Proviseos afores* fullfilled), w* all the meadow and marsh grounds therein, Togeather w* all the mines, mineralls of what kind or Nature soever, with all the Woods, Timber and Timber Trees, Ponds, Eivers, Lakes, runs of Water or Water Courses thereunto belonging, with all the ffreedome of ffish- THB WHEELWRIGHT DEED. 59 inge, ffewlinge and Hunting, as ourselves with all ether bene fitts, Proffitts, Privileges and Appurtenances whatsoever there unto, of all and any Part of the said Tract off Land, belonging or in any wayes Appertaininge unto him, the said John Whelewright, Augustin Storer, Thomas Wite, William Went worth and Thomas Levitt and their heires forever as afores*. To have and to hold y" same As their owne Proper Eight and Interest without the Least Disturbance, mollestation er Treble of us, our heires. Executors and Administrators, to and with the said John Whelewright, Augustin Storer, Thomas Wite, William Wentworth and Thomas Levitt, their heires, Execu tors, Administrators and assignes, and other the English that sball Inhabitt there. And theire heires and assignes, forever shall Warrant, maintaine and Defend. In Wittnes whereof, we have hereunto sett our hands and seals the Sevententh day of May, 1629. And in the ffifth year of King Charles, his Eeigne over England, &c'. Signed, Sealed and Delivered In Presents of us : Wadargoscom f mark. Passaconaway Tf mark. [Sele.] MisTONOBiTE II mark. Eunawit | mark. [Sele. J John Oldham. Wahangnonawit § mark. [Sele.] Sam'll Shakpe. Eowls ^ mark. [Sele.] Memorand'm : on y' Sevententh day ef Maye, one thousand six hundred twenty and nine, In the ffifth year of the Eeigne of our Sovereign Lord Charles, King of England, Scotland, Ffrance and Ireland, Defend' ef y' ffaith, &c'. Wahangnona wit Sagamore ef Squamscot, in Piscataqua Eiver did in behalfe of himselfe and the other Sagamores aforementioned then Present Deliv' Quiett and Peaceable Possession of all y" Lands mentioned in the w^in writen Deed, unto the w^in named John Whelewright for the ends w^in mentioned, in Presents of us, Walter Nele, Governer, Geo. Vaughan, Fackter, and Am- bros Gibins, Trader for y' Company of Laconia; Eich* Vines Governer, and Eich* Bonathan, Assistant ef y' Plantation of Sawco, Thom' Wiggin agent, and Edward Hilton Steward of 60 NEW-HAMPSHIRE. the Plantation of Hilton's Point and was signed, sealed and Delivered In our Presents. In Witness whereof, wee have hereunto sett our hands the day and yeare above Written. Eich* Vines, Walter Neale, Eich* Bonithon, Geo. Vaughan, Thom' Wiggin, Ambrose Gibbins. Edward Hilton, Entered and Eeeorded According to the originali, the 20th May, 1714. Pr. WM. VAUGHAN, Eecorder. Copy of Eecord — Attest, N. G. Gilman, Eedr. OEIGINAL PROVINCE PAPERS, contained m "BOOK I, province records," 1681-1650. [copied by the editor.] [These are the earliest Province papers found in the oiBce of the Secre tary of State, New-Hampshire. With the exception of "the Letter from Thomas Eyre," which is copied from Parmer's Belknap, App. 2, p. 422, all the papers numbered I, 2, 3, 4, &c., are exact copies from the "Eec ords"*; and are of great value to a proper understanding of the state of the early settlements. Ed.] An original letter from Thomas Eyre, one of the adventurers, or Company of Laconia, to Mr. Gibbins, their Factor. London, the last of May, 1631. Mr. Gibbins— Yours of the 8th of April, 1630, from Plimouth, I received, and thereby tooke notice of your intertaining Eoger Knight, and here I present his wife 20s per quarter, at your desire, and Bl. per quarter to yours. I hope by this they are both with you, according to your desire. I wish all your wives with you, and that so many of you as desire wives, had such as they desire; for the adventurers desire not te be troubled with quarterly payments. Your next to me is dated the 21st of July last, at Pascata- quacke. I take notice of your complaints for want of trade goods, and so much as lieth in me it shall be otherwise; es pecially if you send us returns, doubt not but that you shall be supplied, from time to time, unto your owne contents. Your 3d Iref to me is dated the 14th of August, by which I perceive divers of the commodities and provisions which you * These Papers are not, properly speaking, "Becords," but are so la beled on the Ms. volume that contains them. f Letter. 62 NEW-HAMPSHIRE. [1631. carried with you in the barke Warwicke were not to your liking, for which I am sorry. You know the trouble we had. I could net looke to Mr. Olden's and all besides. I hope by the Pide-Coivef you find it otherwise. I pray you write me how you like the hatchetts sent you by that ship, and how all goeth. I like it well that your Governor will have a stock of bords at all times readie. I hope you will find something to relade both the Pide-Cowe and the Warwicke. I will now put on the sending of you the medell ef a saw-mill, that you may have one going. Your wife, Eoger Knight's wife, and one wife more, we have already sent you, and more you shall have, as you write for them. Another Ire I have from you, of the 14th August, in which you write for another Mason. Wee have had enough to doe to goe se farre forwards as wo have, as Capt. Keyes can tell you ; yet now we begine te take hearte agayne, but the sight of returnes will be that which will indeede put life into us. Among my New-England records, I find your Ire unto Capt. Mason, of the 14th August last, wherein you give a good ac count of your times spent from the first of June untill then, as also of the manner ef your trade, which was te Capt. Mason's liking. We hope you will find out some good mines, which will be welcome newes unto us. By Mr. Glover we reed. Ires from Capt. Neale, written, as we think, about the end of March last. Write me, I pray, what winter you had, and how you had your healthes, and why Capt. Neale went net in Septem. last to discover the lakes, as he wrote he would, and why you did not write by that con veyance. By the barke Warwicke we send you a factor to take charge of the trade goods; also a soldier fer discovrie &c. Thus I commend you and your wife, who, by this, I hope is with you, to the protection of the almightie. Your loving friend. Kept until the 7th of June. ^^°" ¦^™^" t Name of a vessel. 1631.] PROVINCE PAPERS. 63 B. I, p. 1. No. 1. London, the 17th of November, 1631. Invoice of sundrie comodities shipped in good condition aboard the Pide-Cowe, Mr. Williara Stephenson, bound fer the harbor of Pascattaway, in New-England, being fer the ac compt of the Eight Hon'bl Mr. Ferdinando Gorges, Knight, Captain John Mason, Esquire, Mr. John Cotton, George Grif fith, Henrie Gardner and Compa. Marchants, consigned to John Eaymond, purser of the said shippe, viz : 7 Hogsheads of Beefe, weighing 31c 3q 091b, at 18s 6d per centumme, 29: 07: 00 8 Perkins of Butter, at 19s 6d, 07: 16: 00 5c 2qr 291b ef suffs, cheese pac[ked] up in a • chest, at 2Jd per pound, is 06: 12: 06 22 bushels 3 pecks of oatemeale at 4s 8d per bushell is, 05: 06: 02 32 gallons and 3 quarters of sweet oj-le at 4s 08d per gallon, is 07: 12: 10 The Chirurgeons Bill is 04: 06: 00 4 hegds of Meale — 4 quarters at 5s per bushell, 08: 00: 00 2 douzen of howes at 2s y' pee, 02: 08: 00 The Ironmongers Bill, 04: 10: 00 4 Flock-Beads* and bolsters at 18s, 03: 12: 00 1 Eugge at 00: 15: 00 3 Pigges of Leade and 56c of shett, 02: 07: 10 4 quarters of Mault with the Caske, 06: 00: 00 Lines for codde, 06: 02: 00 Ffish bookes, 02: 00: 00 . Summe, 96:15:04 Transported to the next folio. P. 2. Sundrie commodities shipped in the Pide- Cowe, amounting unto, as in the last ffolio ap- peares, 0-96:15:04 4 pieces of pelaines ffor sailes ffor shallops, at 25s per peice, 005: 00: 00 1 quelle of cordage, 001 : 1 6: 00 2 Bendes of Lether, 001: 16: 00 * Beds of coarse wool, or pieces of cloth cut up fine. 64 NEW-HAMPSHIRE. [1631. 8 conias* cost with there cubbes, 001: 04: 00 Compasses, 000:18:00 Georgius agricelffi,t 000: 12: 00 Spices and mustard seed, 000: 18: 03 Summa is, as appeares, 109: 00: 01 Charges here, 010: 19: 11 More, 25Z per centum ffor disbursing the monie and bearing the advent', 030: 00: 00 Summe to ball, is 150: 00: 00 These things you are te deliver to the Governour,J Capt. Walter Neale, he giving you good beaver ffor them, at 6s per pound, if Capt. Neale needs them not, or cannot pay you for them, then you may dispose of them otherwise for Beaver as occasion offereth. 4 bar. oatmeale, con [taining] 22 bush. 3 pecks at — (rec, 3 bar.) Fferd. George, John Mason, John Cotton, Henry Gardner, Edwin Gage, Geo. Griffith, Thes. Warnerton, Tho. Eyre, William Gyles. * Cony — a species of rabbit. f A book on Agriculture written in Latin. % Capt. Walter Neale, here called " Governor," came to this country- says Savage, Gen. Diet., Vol. Ill, art. Neale— early in 1630, by the War wick, as Governor of the plantation of Gorges and Mason ; went home in August, 1683, sailing from Boston 13th of that month, after being above ten days there. Hubbard says — Mass. Hist. Col., Vol. V. p. 216— "Where as there is ^lention made of Capt. Neal and the Colony with him residing in the [Great House at Strawberry Bank], it must be under stood that the agents of Sir Ferdinando Gorges and Capt. Mason, with the rest, had by their order built an house, and done something also about salt works, sometime before the year 1630 ; in which year Capt. Neal with these other gentlemen, came over to Piscataqua, in the bark Warwick. He was said to be sent as Governour for Sir Ferdinando 1631.] PROVINCE PAPERS. 65 P. 3. More : There is in the ffatt [vat?] where the kettles are, two rolles of Virginia tobacco, which I rate at 12d per pound. I pray put them off in the best manner you can, and put the returnes amounge the adventur'. Yours, Tho. Eyre. Carpenters tooles, clinch nayles, etc., for the Pinace we reckon not. Indorsed — " Invoice of comodities, 17 November, 1631, to Jn. Eaiman, purser of the Pide-Cow, to sell for present paye. No. 9." Gorges and the rest, and to superintend their affairs there. Another occa sion of their sending over was said to be searching, or making a more full discovery of an imaginary province', supposed to lie up higTper into the coun try, called Laconia. But after three years spent in labor and travel for that end, or other fruitless endeavors, and expense of too much estate, they returned back to England with a "non est inventa provincia," nor is there any thing memorable recorded as done by him or his company, during the time of his three years stay, unless it were a contest between him and Capt. Wiggans, employed in like manner to begin a plantation higher up the river, for some of Shrewsbury, who being forbidden by him, the said Neal, to come upon. a point of land that lieth midway betwixt Dover and Exeter, Capt. Wiggans intended to have defended his right by the sword ; but it seems both the litigants had so much wit in their anger, as to wave the battle, each accounting himself to have done very manfully in what was threatened ; so as in respect, not of what did, but what might have fallen out, the place to this day retains the formidable name of Bloody Point." It was charged on Capt. Neal that he did not visit the Governor, in Boston, before he sailed, as above mentioned. The reasons assigned for not doing it, were — " that he was not well entertained the first time he came hither ; and, beside, he had some letters opened in the Bay : er^'o— except he were invited, he would not go to see him. The 13th day he wrote to the Governor to excuse his not coming to see him, upon the same reasons. ' The Governor retorted the discourtesy upon him. * * And for his letters, he protested his innocency, as the letters were opened before they came into the Bay.' 'Ed.^— Winth. 1, p. 127. 66 NEW-HAMPSHIRE. [1632. B. 1, p. 5, 1632. No. 2. London, the 18th of April, 1632. Mr. George Vaughan : Pure trade comodities now shipped aboard of the ship John, are as followeth : £ a. d. IbS.i yards of playnes at 18s per yard, 11: 17: 09 65J goads of cotton at 2s per goade, 06: 11: 00 59^ goades at 16d per goade, 03: 10: 08 59J goades at 2s Id per goade, 06: 03: 11 90J yds. of shagge * at 18d pr yd, 06: 15: 09 51 at 22id per goade, 04: 15: 09 3 Grey© Ffrises f at 50s per pe, 07: 10: 00 55 blanketts at 12s pr. pe., 33: 00: 00 4 courser at 10s per pe., 02: 00: 00 1 piece of fflannel yards 17^ at 12d per yd., 00: 17: 06 In all to send us by y'' cosin Kinge, 83: 10: 04 1 piece of copall bayes 64 yds. at 15d per yard, 04: 00: 00 87:10:04 These comodities were as you know, all but the three ffrises, one cotton and the piece of fflannell, by your taylor made into coates and stockings, viz : 50 men's coates, 24 children's coates, 51 wastcoates, 3 caskets and hose and 7 dozen and 7 paire of stockings, The dyeing and dressing cost 07: 10: 00 Threed, tape, buttons, lace, 02: 11: 06 To the taylor for making, 08: 01: 00 20 paire of sheetes cost 10: 01: 07 packing, canvas, cartage, custom house, 01: 15: 07 Summa, 117. iq. qq * Cloth having a long coarse nap. Web. Die. •j- A kind of coarse woolen cloth. Web. Die. 1632.] PROVINCE PAPERS. 67 P. 6. The comodities mentioned in the last folio are packed as you know in nine bales, marked all with a P, viz : No. 1. 20 blanketts, 2 20 blanketts, 3 19 blanketts, 4 1 cotton qts. 82 J yds. 3 ffrises qts. 20J, 21, 22 yds. 20 paire of sheetes, 5 16 men's coates, 6 16 men's coates, 7 16 men's coates, 8 24 children's coates and 43 wascoatcs. In your own trunke, 3 mens coates, 8 wascoates, 3 suites cassocks and hose, 1 peice of fflannel red. So the whole number of coates for men w"" 1 for y' owne th' remained of a former voyage are 51. When God shall send you safe arrival, repaire we pray you unto Captaine Naile,* we have written unto him to deliver these comodities unto you and such other trade goods as he can furnish you w"' there of others if you desire them, and then we pray you to put them off for good beaver. Also we pray you to help us there w* you can in dispeedingf hither o"^ returnes. And then if you thinke good to come unto us for another supplie we shall like it well. Thus we commende you te God. Your loving friends, John Mason, Henry Gardiner, Tho. Eyre, for the rest of the Adventurers. Indorsed. " Mr. George Vaughan'sJ remembrance or the company's Invoice of trade goods, 1632, No. 10." * Neale. f Dispatching, sending soon. X George Vaughan, sent by Capt. Mason, probably arrived in Septem ber 1631, and left the country, August 1634, for England, whence it is 68 NEW-HAMPSHIRB. [1632. B. 1, p. 9. No. 3. London, the 5th December, 1632. Mr. Ambrose Gibbins :* Your sundrie letters we have received. We do take notice of your care and pains in our plantation and doe wish that others had bin that way, the same that you are, and will, we hope, soe continue. The adventurers here have been soe dis couraged by reason of John Gibbes ill dealing in his fishing voiage, and also by the small returnes sent hither by Captaine Neale, Mr. Herbert, or any ef their factors, as that they have nee desire te proceed any further untill Captaine Neale come hither to conferr with them, that by conference with him they may settle things in a better order; we have written unto Captaine Neale to dismiss the houshold, enlie such as will or canne live of themselves may stay upon our plantation in such convenient place as Capt. Neale, Mr. Godfrie and you shall thinke fitt, and after conference had here with Captaine Neale they shall have a reasonable quantity of land granted unto them by deed. We praie you to take care of our house at Newichewanick,"|" and to look well to our vines; also, you may take some of our swine and goates, which we pray you to preserve. We have committed the choise care of our house at Pascatt- awayj to Mr. Godfrie and written unto Mr. Warnerton to tako care of our house at Strawberry bancke,§ our desire is not thought he ever returned again (Savage Gen. Diet.) ; yet the name of Vaughan is distinguished in N. H. history, probably relatives or descend ants of George. * Ambrose Gibbens, factor of the company of Laconia, arrived at Pascataqua, 1630, and his wife came the year following. 1648 he was Selectman of Dover, living at that part called Oyster Eiver ; died, July II, 1656. His daughter Kebecca married Henry Sherburne. Sav. Gen. Diet. •j- At Berwick Falls. J Manor house, built by Mason. I The " great house " at Strawberry Bank, or Portsmouth. Hence it appears at this time, under Gorges, Mason, and the adventurers, there were but three " houses " or three places of settlement, beside that of Edward Hilton, further up the river. See Brewster's Rambles, pp. 16-19. Godfrie, Edward, " was very honorably entrusted by Mason and his joint adventurers as appears by this letter. He afterward was flrst Alder- 1632.] PROVINCE PAPERS. 69 that Mr. Godfrie, Mr. Warnerton and you should joyn lovinglie together in all things for our good and to advise us what our best course will be to doe another year. You desire to settle yourself upon Sander's point. The ad venturers are willing to pleasure you not only in this, in re gard of the good report they have heard of you from tyme to tyme, but alsoe after they have conferred with Capt. Neale, they determine some further good towards you for your fur ther incouridgment. We desire to have our fishermen increased, whereof wee have written unto Mr. Godfrie. Wee thank you fer assisting John Eaymond, wee pray you still to be helpful unto him, that he may dispatch and come to ns with such retourne as he hath and if he hath any of his trade goods remayning unsold wee have willed him to leave them with you, and wee doe hereby pray you to receive them into your custody and to put them off with what conveniency you canne, and to send us the re- tournes by the first shipp that cometh. Thus we commend you and y' wife to the protection of the Almighty. Your loving friends, John Mason, Henry Gardiner, Geo. Griffith, Tho. Warnerton,* Tho. Eyre, for my children. Indorsed — " The company of Laconia to Mr. Ambrose Gibbins, London, 5 December, 1632. Eec* the 30th June, 1633." man of Agamenticus, under Gorges, 1641, and in 1649, Governor of the Province of Maine, but in 1652, became freeman of Massachusetts by vol untary submission." Felt says " he boasted in 1654, that he had for forty- five years been a promoter of New-England, 32 years an adventurer for settling it, and for 24, an inhabitant of York, and the first that ever thought of settling there." Sav. Gen. Die. * Of Thomas Warnerton, whose name is often mentioned in these pa pers, Gov. Winthrop says, (Hist., Vol. II, p. 178, also note, by Savage) " About this time [1644] Mr. Vines of Saco, Mr. Short of Pemaquid, and Mr. Warnerton of Pascataquack, went to La Tour [Governor of Nova Scotia] to call for some debts, etc. In their way they put in at Penobscot. 70 NEW-HAMPSHIRE. [1633. B. 1, p. 11. 1633. No. 4. Newitchawanick. Accompt being made w*'' Steven Kedder the first of March, 1633, there appears to be due unto him fer his nine menethes service, . 04£:00s:00d To be deducted fer provitions delivered te him out of the store of Newitchawanick, 03: 05: 03 Eemaines due unto Steven Kedder, fourteene shil lings and nine pence, 00: 14: 09 Eec* of Mr. Ambrose Gibbens, the 3d ef March, \ 1633, in full satisfaction uppon this accompt, Beaver I B. one pound and a halfe, for the use of the adventur- j 01^ lb. ers of Laconia, I say rec'* Beaver. J Per me, f-f the signe of Steephen Kedder. In witness of me Charles Knill. Indorsed — "Stephen Kedder his accompt the 3d of March, 1633." and were there detained prisoners a few days ; but afterward going to La Tour, Mr. Warnerton and some other Englishmen of the eastern parts were entertained by him, and sent with some twenty of his men to try if they could not take Penobscott, for he understood the port was weakly manned and in want of victual. They went first to a farm house of D'Aulnays, about six miles oflf, and there Warnerton and two more men went and knocked at the door with their swords and pistols ready, one opens the door, and another presently shoots Warnerton dead, and a third shoots his second in the shoulder. This Thomas Warnerton was a stout man, and had been a soldier many years ; he had lived very wickedly in whoredom, drunkenness and quarreling, so as he had kept the Pascata quack men under awe of him divers years." Mr. Savage adds, in a note, " Warnerton seems to have died as he lived." Josselyn mentions that sev eral of his friends at Pascataqua came to take leave of him, 24 September, 1639, and says, " among the rest Capt. Thomas Warnerton, drank to me a pint of kill-devil, alias Ehum, at a draught." At a Court at Newtown, 4 August, 1635, John Holland afiirmed that Mr. Thomas Warnerton threat ened to sink his boat, if he would not pay him a debt that Henry Way owed him, and called him rogue and knave, and said they were all so in the Bay, and that he hoped to see all their throats cut. It was ordered that the said Warnerton should put in sufficient sureties for his good be haviour, and in the meantime to remain in durance. 1633.] PROVINCE PAPERS. 71 B. 1, p. 12. No. 5. Newitchawanick. Accompt being made w*" Thomas Blake, the first of March, 1633, there appears to be due unto him for his nine months service, £ s. d. 04:00:00 To be deducted for provitions delivered to him out of the stoare of Newitchawanick, 00: 10: 04 Eemaines due unto Thomas Blake, three prounds, nine shilling and eight pence, 03: 09: 08 Eec* of Mr. Ambrose Gibbens, the 3d of March, 1633, in full satisfaction uppon this accompt, Beaver, seaven pounds fer the use of the adventurers of Laconia. I say rec* Beaver. B. 07 lb. Pr me, the signe of M Thomas Blake. In witness of me, Charles Knill. Indorsed. — "Thomas Blake, his accompt, the 3d of March, 1633."B. 1, p. 13. No. 6. Beaver disposed on since the first of April, 1633. Imp. Pd. the Smith for work, 2 lbs. ef beaver and 2 shillings in beaver at 2 several times. Pd. Mr. Bole for 7 gallons of aq. vitae and spice, beaver 4 lb. Pd. Mr. Luxon for 10 gallons and i of venigar, beaver 2} lb. To Mr. Luxon for i a barrell of butter, beaver 1 lb. and 14 oz. Por 2 pr. of shoes and 2 axes, beaver 1 lb. For 6 gallons of matbiglin, beaver 2 lb. To the taylor for mending blanketts, beaver ^ lb. June 20. Per sope, beaver 1 lb. For 7 gallons aq. vitae, 2 otters and 4 musquosh with stones. For 14 fathom of wamp. beav. 15 lb. I qrs. For 1 fathom of black wamp., 2 lb. i beav. and 3 martines [marten skins], For my charges in the Bay, 2 lb. of beav. 72 NEW-HAMPSHIRE. [1633. For 8 lb. of tobacco, 1 lb. of beav. To the fishermen fer carrying me into the Bay, For 2 bush" of salt, J lb. of beav. Fer 2 bush' of corne, 1 lb. efbeav. Imp. 20 gall. aq. vitae, at 4s 6d per gall. Butter, 21 lb. and J, Sope, 8 lb. J, For Labrisse and Charles, their charge. For candles, Pd. to Capt. Mason fer 1 hogs, and J of mault, beaver. Mere to Capt. Mason for 5 lb. and J of sugar. More to Capt. Mason for 8 galls, of sack, p. 14. 2 galls, of oyle, beaver, November 20th. One c. of corfish [cod], beaver. For 2 jares of oyle, For 2 gallons and } of aquay, Febuary 20. For 200 ofdrifish, Por 14 boeshels of rie. To John Grear for 3 boeshels ef come. For Phillip Swadden fer 9 boeshels of corne, Indorsed. — " Accom. Beaver disposed ef 1633." 1 lb of beaver. 9 lb. beav. lib. J f 1 lb. lib.71b. i lb. beav. 3 lb. beav. lib. h 3 1b. i 2 1b. 2 lb. beav. 5 lb. beav. 4} beav. 2 beav. 5 beav. B. 1, p. 15. No. 7. 18 June, 1633. Eeceived by me, Charies Neale, by order from Captaine Walter Neale, of Ambrose Gibbens, one hun dred sixfy-five pounds weight of bever, seaventeene pounds weight of otter, seaventeene martin skins, two fo [x], three racoon skins, and fourteene musquash skins. Charles Neale. No. 8. A remembrance of those things that I gave a receite for un- to John Eaymen at his going for England. Imp. Is 7 H. of pease and 8 boeshels. " 11 rundites of aqua-vity containing 260 galls. 1633'.] PROVINCE PAPERS. 73 Imp. 14 gallons of sack, 164 pare of shoes, 44 pare of soyled at sea, 13 kettles, 72 cootes, 17 wast-cootes, 191 pare of stockins, 40 blanketts defect, 6 barnstable blanketts, 78 hatcites, 51 shirts, 12 pound of prunes, 11 yards of wampum-peale ? 3 pare and J of shooes, 4 dozen of spoons. For those above he hath my hand. Since he sent me from the Isle of Sholes 6 lb. of role tobaca, 2 bundles of lase, and 6 knotes of tape. Indorsed. — " A note ef goods from John Eaymen which he hath my. hand for. June, 1633." B. 1, p. 16. No. 9. Original letter from Mr. Gibbins. After my umble duty remembred unto your worship, I pray for your good health and prosperity ; these are certifiing your worship for the goods I have received from yeii. I have de livered unto Mr. John Eaymen 76 lb. and 4 onuses ef beaver, 10 otters, 6 musquashes and on [e] martin ; mere that Capt. Neale had 358 lb. and ii ounses ef beaver and otter, 17 mar tins, on [e] black -fox skin, on [e] other fox skin, 3 racoon skins, 14 musquashes, two of them with stones. Mr. Eaymon's present departing and the intermixing of all the trade goods in my care, until Mr. Vaughan com I cannot give you any sat isfaction for the account of trade. I did advise Mr. Eaymen to return with all speede unto you. Your letters I received 74 NEW-HAMPSHIRB. [1633. the 7th of June. At large I wil write, if God wil by the next. Thus taking my leave I commit your worship to Almighty God, from Newichawanick, this 24th of June, 1633. Your worship at comand, Ambrose Gibbin. Mr. Eaymen has left a noet of perticular debtes which I do not deut but are good, and by his account, say do amount un to 22 pound and | of beaver. Indorsed. — " Mr. Gibbens to the company No. 4." B. 1, p. 17. No. 10. An estimate of the trade goods left at Newichawanicke, July, 1633. £ s. d. 17 lined cootes, 17 00 0 7 unlined at 15s per peese, 05 05 0 11 ruggs, 11 00 0 5 papoose cootes, 02 10 0 2 wast cootes, 00 08 0 16 mouse cootes, ig qO 0 3 cootes lined, 03 00 0 14 mouse cootes at 15s pr peese, 10 10 0 30 gallons of aqua-vity, 07 10 0 6 pare of ould sheetes, 03 00 0 on [e] rugg, 01 00 0 77 03 0 14 wast cootes at 4s pr. peese, 02 16 0 39 men's cootes, gg qq q 6 barnstable soyled ruges, 06 00 0 26 rotten blankits, q5 qq q 19 pare of stokins at Is 6d pr. peese, 01 08 6 71 pare of stokins at Is 4d pr. pa. 04 13 8 32 shirtes ould and new at 48 pr. peese, o6 08 0 51 pare of shooes at 2s Gd pr. pare, 06 07 6 24 pare ceorse rotten stokins, 01 04 0 1633.] PROVINCE PAPERS. 75 4 kittles, 29 hatchits, at 2s pr. peese, 14 pare of rotten shooes. 03 00 0 02 18 0 01 00 0 79 15 8 77 03 0 156 18 8 Indorsed. — " An estimate of the trade goods, 1633." B. 1, p. 18. No. 11. This present writing testifieth that Charles Knill doth cove nant, w"' Capt. Walter Neale, Governor of Pascattaquack, in New-England, in the behalf of Capt. John Mason of London, Esqr. and company, that the said Charles Knill shall serve at the plantation ef Pascattaquack, for the use and benefitt ef the said Capt. John Mason and company, from the date of this present writing until the first of March next ensuing, during w** said time, the said Charles Knill doth promise te doe all faithful service to the said Capt. John Mason or his assignes. And the said Capt. Walter Neale doth promise in the behalfe of the said Capt. John Mason, that the said Charles Knill shall well and truely be paid for his service during the said time, the somme ef sixe poundes, either here in New-England er in any other place where the said Charles Knill shall convenient ly appoynt, and the said Walter Neale doth further promise in the behalfe of the said John Mason, Esq. and company, that the said Charles Knill shall have passage into England the next yeare after the said terme expires, in any such shipp as shall be sent hither for this plantation, provided that the said Charles Knill shall serve in the aforesaid plantation untill the shipps departure (if it shall be see required) after the rate aforesaid. In testimony whereof the said Charies Knill hath here unto subscribed, this first ef Julie, 1633. This is the true coppie of the covenant between Capt. Wal ter Neale and Charies Knill in the behalfe of the company. 76 NEW-HAMPSHIRE. [1633. B. 1, p. 19. No. 12.* Mr. Gibbins — You shall rec. by the bearer Grear John ? three bundles of lace with six bundles of tape wh'^'' I pray rec. for ould favors, for each wh* owes me 2 lb. 3 ounces of beaver, whereof I pray take notice of. Also I have sent you by him a rowle of tobacca belonging to the company wh* you may please te put off according te y' discrassion. Note. John Barcraste ewes me for 1 barr. ef pease and six gallons of aqua, seven pounds of beaver wh* I pray take notice of, and call in as the rest of the debts accordingly. Not els, but my love to yr self, Mrs. Gibbins, little Becke and the rest. I take leave and always remain, yr. le. friend aud faithful servant, Jn. Eaymond. Indorsed — " Jn. Eaymonds last letter, 1633, to Mr. Ambrose Gibbins at Newichawannick." B. 1, p. 20. No. 13. Goods left by Mr. George Vaughan. Imp. 17 linde coats, 7 unlinde coats, II ruggs, 5 papoose coats, 2 was coats, 16 mouse coats, 3 coats lined, 14 mouse coats, ? ould sheets, 30 gall, aqua-vitae, I rugg. Por these I have given a reseit to George Vaughan. | Indorsed — "Note of the trade goods that remain at Newichawa nick, 1633," " and also George Vaughan, the company's factor." Goods left belonging to the old store and left by Mr. .Eay mond. 14 was coats whereof I of the old store, 39 men's coats, 6 Barn, soyled ruggs, 20 rotten torne blanketts, 6 rotten blanketts. In the store house at Newichawan ick. 19 pr. of stockings, 5 doz. and a II pr. of stockings, course, 32 shirts old and new, 51 pr. of shoose, 2 doz. of ooorse rotten stockings, 4 kittles, ^ 2 doz. and 5 hatchets, rotten shoes 14 pr. These things I have given a re seit unto George Vaughan to satis fie the company in England. * Compare with No. 8. fEvidently the writing of John Baymond. Ed. 1638.] PROVINCB PAPERS. 77 B. 1, p. 21. In the Garrett. Imp. 3 flock beddes,* 8 boulsters, 8 ruggs, 2 pr. of sheets, 8 whipp sawes, I frame sawe, 1 roade [rod], I herring nett, I runlett with bone ashes and crucibles, 2 hand saws, I adz. In the Middle Chamber. 3 cassocks and 3 pr. of breeches, of cloth, 6 stuff wascoates, I flock bedd and boulster, 3 ruggs, 2 blanketts, I pentadoe,f 5 pr. of shoes, 6 napkins, 2 short table cloths. In the Oreat Souse. 3 ruggs and 2 pentadoes, 16 fishing lines, 10 squidd lines, 13 mackerill lines, 4 knotts twine, 4 knotts chalke line, 3 pr. of stuif breeches, 4 stufi' wascoates, 2 sacks, J of a barr. of powder, 2 shovells, 1 Steele mill, II chisells of sev'all soartes, 2 pr. of pinchers, 4 augurs, 2 gunstock boryers, 1 spike gimblett, 2 hammers and 2 irons, I mason's hammer, 3 iron wedges, 2 bookes, I stone hammer. No. 14. Newitchwanicke, 1 D. ef Julie, 1633. 2 felling axes, 1 pr. of bellowes, 15 recorders and hoeboys, 30 pr. of linnen stockings, 6 can vis suites, 19 pr. of leather stockings, 6 calfe skinns, 8 linnen capps, 24 towels, ID plaines of sev'ral soartes. In the Little Roome. 3 hatts, I boulster feathers, I fishing line, I mackerill line, 3 pewter bottles, 2 drame cupps, 2 hand-bills, 2 padlocks, I small bagg containing aules, great needles, hob nayles and sparables, 7 musketts, 8 carbines, 6 pr. of bandoleers, J I carbine bagg, 6 swoards and beltes, 2 bundles match, I fowling piece, I bason, 2 platters, 2 porringers, 2 spoute potts, I qt. pott, I pinte pott, I iron kettle, I brasse kettle, I iron pott, I iron griddle, 1 frying pann, I gridiron, 1 pr. of pott-hookes, I pr. of racks, 1 glue pott, I pestle and morter, 1 murkherer ? 2 chambers, I old kettle, * Plock-bed, " a bed filled with locks of coarse wool or pieces of cloth cut up fine." Web. Die. t A sort of coverlid for a bed. . . ^, . j. t A leathern belt worn by musketeers for sustaining their fire-arms. Web. Die. 78 NEW-HAMPSHIRE. [1633. 1 iron ladle, 9 ^^^"^f' ^^^^^f ^"^ '=°™^' q Tiirk axes 1 "°^ ^°"°^ P'''^' 2 Fr™ orows 24 swine great and small, I washing bowle, V hens 2%ocks and chickings, I pr. of ballance and 1 gniid stone, I 4 lb. waight, 1 psalter. p. 21. Eeceived from Mr. Card. 2 old reaps, 1 chisell,_ 1 frying pann, 1 calkin iron, 1 augur, 1 ^^t'=^t•' r 1 adz 1 ol"! fishing line, I broken hand-saw, rec'd 72 foote of wampampeag, I thwart-saw, 1 communion cup and cover ot 4 irons for boats, silver, _ , jt, * I gouge, 1 small communion table cloth.* Eec'd from Capt. Cummack. 1 w't rugg, 1 small cann, 1 pr. of tonges, 1 small [defaced],_ I fire shovell w'thout handill, 1 small bristow carpetin, 1 pr. of bellows, 1 flock -bed and boulster, 1 lamp, 1 flock-bed and boulster, 1 old kettle, 1 green rugg and I blankett. I old pewter bowle. Also rec. of Capt. Neale. I porringer, 16 pr. of childrens stockings and 1 spoute pott, 52 pr. of a larger. Inventory at Newichawanake, 1633. P. 22. No. 15. At Pascattaquack, 2d Julie, 1633. /to;). 28 cassocks, 20 prs. of shooes, 19 pr. of breeches, codd lines 23, 18 canvis cassocks, twaine slipps 4, 2 boults of canvis, 1 old redd wascoate, 7 hamecks, 1 buttf w'h 5 nets in it, 6 stuff cassocks, beaver spears ? 6 doz. and 10, 8 wt. hatts, scraps 5, 7 balls of cotton, 4 old tinses ? J a hide and 2 peiees of shoo leather ruff and clinch in 3 barrels, 1 watering pott for a garden, some nayles and sparables, I still and worme, spout potts 5, * No distinct mention is made in these early records of public religious services, or of any officiating clergyman, yet from the articles here men tioned, it is reasonable to infer, that religious service was not neglected. Beside "I psalter," "1 communion cup" and "1 small communion table cloth," in this inventory, we find in another place, " two service bookes." See No. 15. Ed. f Butt — A cask. 1633.] PROVINCE PAPERS. 79 4 leaves of tinn, a little trunk with 13 band, some hooks and eies, hoeboys and recorders 26, 1 anvill, 1 hhd. of match, 1 budge barrell, codd lines not-band 10, stockings pr. 4, J a ferkin of muskett bullets, thwart sawes 3, 7 aule-blades, 1 baking iron, munmorth ? capps 3, I barrell w'th some spicbes, 2 doz. and J small blocks, dead-mans dies doz. I. a small quantity molasses, plane irons small 16, plane irons great 4, hasps for doors 7, tapp bearers 4, chissells 13, I sett for a saw, hammers 4, calkin irons 4, old hatchetts 5, augurs 15, bung bearers, 2 iron pott I, iron wedges 6, I bed and boulster, 1 rugg, I blankett, barrs of iron 6, Steele barrs 3, leads for codd lines 24, old kettles 3, yarsee ? stockings pr. 9, mackerill lines doz. 2 and 3 lines, chalk lines knotts 3, feathers I q. bitts doz. 2, small flies 41, bigger files 3, rasps 5, copp nayles 57, 10 brass rings, poynts doz. 5, gang hooks for cott 11, small hookes 4, several papers needles of sevr'l soartes, small scales pr. 1, with waights be longing, redd bayes yards 18 J, spitt 1, leads for netts 20, billbowes I, codd lines band 6, 11 furnace barrs of iron of 2 foote, shott moulds pr. I, 8 augurs, I tinn funnell, 1 pint pott, melted, pewter bottles 2, leather bottles 2, 2 drame cups, I old axe, I bagg of wier hookes, mill pecks 3, chisell I, I iron gimblet, I markin iron, 1 sea oompasse, oat meale J a bushell, 10 bushells of meale, 2 butts of mault, 19 pounds of candles, smith's tools of sev'rell soartes, mason's tooles, I pick axe, I barrell and J of pease, I iron crow, old boults and other old iron, I bedd, 2 boulsters, 2 ruggs, 2 pr. of sheetes and I pentadoe, I bedd and boulster and 1 greene rugg, I old seane, 10 herring netts, I spiller, 3 platters pewter, I whipp saw, I thwart saw, I barrel of match, I drume, 2 barrels of powder, 2 roades [rods], 2 herring netts and 2 seanes, I quelle of roapes, inch 2 and J, I bedd and boulster and 2 old blanketts, I bed and boulster and 3 pr. of sheetes. 1 pentadoe, I new sasser ? 3 inch and J of an inch, 3 flock beddes, 3 boulsters, 3 ruggs, 1 blankett and 1 pr. of sheets, 2 pentadoes, 80 NEW-HAMPSHIRE. [1633. 1 bedd and rugg, 4 basons, 6 platters, 8 saucers, 2 porrengers, I quart pott, I jack* of leather to drink in, I stue pann, 1 jack to roast meate, 2 spitts, 1 iron skillett, 3 kittles, I brasse ladle, 2 fryings panns, 1 mustard-quarne? 2 iron potts, 3 pott rackes, 2 pott hookes, 1 flesh hooke, I grater, 1 iron bound paile, 3 great iron morter and pestle, 1 great wire, I beake horn, I anvill, 1 sledge, 2 hammers, 1 pr. of great bellowes, I furnace, I Steele mill, 1 old blankett, I crewitt, 1 old ole [oil] kittle, I grinde stone, 1 barr. and J of pitch, J a barr. of tarr, 2 Crowes of iron, 1 bedd and boulster, 4 ruggs, 1 pentadoe, 1 pitch kettle, 3 cleaver wedges, planke pine 151, 2 Backers, 1 minion, 1 falcon, 3 ladles, 3 spounges, 2 scowrers, shott, 20 lbs. of leafe tobacco, 1 pewter dish, 18 swords and 4 swoards at Mr. Warnerton's house, 9 belts, 3 carbine baggs, * A pitcher made of leather. t Tongs. 5 carbines, 6 flaskes, 10 spoones, I short carpitt, bristow carpetine for a bedd, redd and wt. boulster for a bedd, tongueSjf bellows and andirons of each 1 pr. 21 musketts, 2 fowling peiees, 4 carbines, 19 hedd peiees, 6 holbards, 3 harrabass-acrocks ? 2 rawenetts, 2 muck-herers, 4 chambers, 18 pr. of bandaleers, I great anker, 10 cowes and 1 bull and 2 calves, goates. No. 8, hoggs No. — sugar 61 lb. I bedd and boulster, 8 ruggs, 1 blankett, 1 bedd and boulster, 2 ruggs, 3 planes, I chisell, 50 boards, 5 bedds, 5 boulsters, 8 ruggs, 2 pr. of sheetes, 1 iron pott and pott hanger, 2 kittles and I old one, 1 fowling peece, 1 carbine, 1 pewter dish, 1 bason, 1 pewter qt. pott, 1 thwart saw, 1 spitt, 1 pentadoe, 1 grinde stone, poltrey, 2 carpitts, 2 service bookes, Connies No. boates, roades ? sayles, netts, 2 chirurgeons chests and 24 bowles in them, 2 chamber potts. 1683.] PROVINCB PAPERS. 81 B. 1, p. 23. No. 16. Newichawanick, July the 13th, 1633. Eight honorable. Eight Worshipful, and the rest, my humble servis membered. Tour letter dated the 5th of December, and Mr. Are's letter the third ef April, I received the seventh of June. The detaining ef the former letter hath put you to a great charge in the plantation : For my care and paines I have not thought it much, although I have had very little encor- agemint from you and here. I do net doubt of your good will unto mee. Per your fishing, you complain of Mr. Gibes. A Londoner is not for fishing ; neither is there any amity be twixt the West cuntrimen and them. Bristo or Barnstable is very convenient for your fishing shipes. It is not enough to fit out shipes to fish ; but they must be sure (God wil) to be at their fishing place the beginning of Febuary, and not to come to the land when other men have halfe their viage. Mr. Wanerton hath the charge of the house at Pascatawa, and hath with him Williara Cooper, Eafe Gee, Eoger Knight and his wife, William Dermit, and on[e] boy. Por your house at Newichwanicke, I, seeing the necessity, will doe the best I can there and elsewhere for you, until I hear from you again. Advice I have sent, but not knowing your intentes, I cannot well enlarge, but I refer you to Mr. Herbert and Mr. Vaughan. For my settlement at Sanders Point, and the further good you intend me, I humbly thank you; I shall do the best I can to be grateful. I have. taken into my hands all the trade goods that remains of John Eaymone's and Mr. Vaughan's, and wil, with what convenience I may, put them of Tou complain of your returnes ; you take the ceorse to have little. A planta tion must be furnished with cattle and good hire-hands, and necessaries for them, and not thinke the great leekes of men and many words will be a means to raise a plantation.* Those that have bin heare this three year, som of them have nether meat, money nor cloathes— a great disparagement. I shall not need to speak of this; you shal heare of it by others. For myself, my wife and child and 4 men, we have but } a bb. of corne; beefe and porke I have not had, but on peese this 3 * In Belknap, this sentence is in italics, but not so in the original. Ed. 6 82 NEW-HAMPSHIRE. [1633. months, nor beare* this four monthes, for I have for two and twenty months had but two barrels of beare and two barrels and four beoshel of malt ; our number commonly hath bin ten. I nor the servants have nether mony nor clothes. I have bin as spare as I could, but it wil not doe. These 4 men with me is Charles Knel, Thomas Clarke, Steven Kidder and Thomas Crockit. 3 of them is te have for their wages, until the first of March, il per peese, and the other, for the yeare, 61, which, in your behalf, I have promised to satisfy in money, or beaver at 10s per pound. If there were necessarys for them for cloth ing, there would not bee much for them te receave. Tou may, perhaps, thinke that fewer men would serve me; but I have sometimes on[e] C [hundred] or more Indians, and far from neybers. These that I have I can set to pale in ground for corne and garden. I have diged a wel within the palizado, where is good water; I have that to close with timber. More men I could have, and more imploy, but I rest thus until I heare from you. The vines that were planted will come to little. They prosper not in the ground they were set. Them that greo natural are veri good, ef divers sorts. I have sent you a note of the beaver taken by me at Newichawanicke, and how it hath gen from me. George Vaughan hath a note of all the trade goodes in my custody of the old store, John Eai- men's and George Vaughan's acomtos ; but the beaver being disposed of before I could make the divident, I cannot see but it must be all onpackt and be divided by you. The Governor departed from the plantation the 15th of. July, f in the morn ing. So fer this time I end, committing you to the protection of the Almighty, and ever rest your loving servant, Ambrose Gibbins. * Probably for beer. t It will be seen there is a slight anachronism in this date, though we may suppose the letter was not finished the day it was dated. En. 1623.] PROVINCE PAPERS. 83 B. 1, p. 24. No. 17. [Letter from Nedle and Wiggen relating to a survey of the lands at Pascataqua, 1633, having an important bearing on the Wheel wright deed. For arguments, pro and con, on the validity of the Wheelwright Peed, see 1 Coll. N. E. Hist. Soc, pp. 299- 304; 2 Coll do., p. 137; Far. Belk., p. 13; 1 Winth. Hist., App., Note by Hon. James Savage, pp. 486-514 ; and Ms. by Hon. C. E. Potter, soon to be published.'] Whereas Capt. Walter Neale and Capt. Tho. Wiggin booth agents or governors,* one for the Pattent of Laconiah and the twenty thousand acres pattent at Eands-veugh [rendezvous] on the south side of Piscataway river or harbor, and the ether for the patentees of Hilton Poynt. They having received orders from the said patentees to make a division ef those pat tents into four towns, w'' accordingly they did it, and desired us the subscribers advise therein, w'' wee did give them, and were present at the doing thereof, and their doings therein* is as followeth, it being a copia of what they wroate hoome to the pattentees : Much honored — In obedents to your comands have survaied the river from the mouth of the harbor to Squamscutt Falls, and liquise from the harbors mouth by the sea side to the Massachusetts bounds and find the bounds of your Pattents will net aford more than for two towns in the river of Piscataway, and the remainder * Of Capt. Thomas Wiggin, who is here called Governor, Savage says (Gen. Die.) : " He was one of the earliest members of government there, in 1631,' went home next year, 1632, and showed regard for Massachusetts in a letter, of August, to Emanual Downing, and in November to Sir John Cooke (which are printed in the 3 Mass. Hist. Coll. VIII), he came back in 1633, with agency of the Puritan peers. Say and Brooke, probably bringing his wife Catherine, &c. He favored the re-union of the New- Hampshire people with Massachusets ; was representative 1645 for Hamp ton and in 1650 chosen an assistant, in which office he continued serving till three years before his death, 1667." Savage further says, "that [at the time when the foregoing paper purports to have been signed Aug. 13, 1633] Wiggin was in Ehgland, embarking at Gravesend, in the James, for Salem, where he arrived 10 October, after eight weeks passage." Of Gov. Neale, see note on p. 64, 1631. 84 NEW-HAMPSHIRE. [1633. will make another good towne, having mutch salt marsh in it, and because you would have foure townes named, as you de sired wee have treated with a gentleman who had purchased a tract of land of the Indians at Squamscott Falles, and your land running up to the said Falles on one side of the river, from the Palls about a mile southward, said gentleman having a mind to said land on your side te a certain crike and one mile backward from the river, w'' was agreed on, and the crike is called Weelwrights, the gentleman's name being Weelwright, and he was to name said plantation (when set tled) Exeter, and the other two townes in the river, the one North-ham, and Portsmouth the other, bounded as followeth : viz. Portsmouth runs from the harbors mouth by the sea side to the entrance of a little river betweene two bed lands w*" wee have given the names of the little Bores-hed and the great Bores-bed, and from the mouth of that little river te go on a straight line to the aforesaid creeke, which wee have named Weelright creeke, and frora thens down the river te the har bor mouth where it began. And North-ham is the bounds of all the land of Hiltons Poynt side, and the other land from the little river betwene the two Boeres-heds te run by the sea till it meet with the line betwene the Massathusetts and you, and so to run from the sea by said Massathusetts line into the woods eight miles, and from thence a twart the woods to meete w"" Portsmouth line nere Whelewrights creeke, and that tract of land to be called Hampton, so that there is foure townes named as you desired, but Exeter is not wh'in the bounds of your Pattents, but the grete difficulty is the agree ment about the dividing line betwene the patent of the twenty thousand Acres belonging to the company of Laconyah and the pattent of Bloody poynt ; the river running so intrycate, and Bluddy poynt pattens' bounds from thence to Squamscutt Falls, and to run three miles into the woods from the watters side. But for your better understanding thereof wee have sent you a draft of it, according to our best skill of what we know of it at present, and have drawn a dividing line betwene the two Pattents, so that Portsmouth is paute of booth pattents, and Hampton we apprehend will be holly in the twenty thou sand acre pattent, and North-ham is the bound of Hilton 1633.] PROVINCE PAPERS. 85 Poynt patten. If in what we have done be te your likings, we shall think our time well spent, and what further comands you will please to lay on us we shall readily obeye to the utmost of our power. We humbly take leave and subscribe ourselves Tour devoted and most humble servants, Walter Neale, Thomas Wiggen. North-ham on Piscataway Eiver, in New-England, 13 Aug. 1633. ' Superscribed — "To John Mason, Esq., Governer of Portsmouth, to be comunicated to the pattentees ef Laconiah and Hiltons poynt, humbly present, in London." Wee under written being of the Government of the Province of Maine, doe affirm that the above letter written and send by Walter Nele and Thomas Wiggin, and directed to John Mason, Esq., Governor of Portsmouth, to be comraunicated to the pat- tentes of Laconiah and Hiltons poynt is a true copia compared with the originali.* And further wee doe affirme that there was ffour grete guns brought to Piscatequa which were given by a March' of Lon don for the defense of the river, and at the same time the * In regard to the question whether the foregoing papers be genuine or a forgery, it must be noted — 1. That North-ham was never known or called by that name until about 1640, when Thomas Larkham arrived there from North-ham, Bng. ; pre viously it was called Cochecho or Hilton's Point. 2. Portsmouth received that name, as a town, from the General Court of Massachusetts, in 1653, and before that time was known and called Straw berry Bancke. 3. Hampton was the name given at the desire of Eev. Stephen Bacheler by the General Court of Massachusetts, in 1639, to the settlement, at Winnicumet which was the Indian name. The reader, therefore, must judge how a paper drawn up, as it purports, in 1633, could describe bounds and give names to places which were unknown, as such, till seven, twenty, and six years after it was written. Ed. 86 NEW-HAMPSHIRE. [1633. Barle of Warwicke, Sir Ferdinando Gorges, Capt. John Mason, and the rest of the patentees sent an order to Capt. Walter Neale and Capt. Thomas Wiggin, their agents and governors at Piscattaway to make choise of the most convenient place in the said river to make a ffortefecatyen for the defense thereof, and to mount those ffour guns given to the place, which accordingly was done by Capt. Walter Nele and Capt. Thomas Wiggins, and the pattentees servants, and a draft was sent of the place that they had made choice of, to the said Earle and company, and the draft did containe all the necks of land in the north este side of the Grete Island that makes the great harbor, and they gave it the name of ffort poynt and alloted it se far bake in to the island about a bow- shoot to a grete high reck whereon was intended in time to sett the principall fforte. That the above is all truth wee af firme, and by the desire ef Capt. Walter Nele and Capt. Thomas Wiggin, wee have ordered this wrighting to ly in our ffiles of records of these doings therein. In witness whereof wee have here unto sett our hands and seles at Gorgiana,* in Province of Maine, in New-England, 20th August 1633. Eich. ViNEs.f [Seal.] Henry Jocelyn.J [Seal.] Indorsed. " Copia bounds ef 4 townes on the south side of Piscataqua river, and the fort poynt to ly on our Files of Eec ords, August, 1633." * Agamenticus was laid out as a city by Ferd. Gorges in 1639 and named Gorgeana ; now York, Me. t Eichard Vines was governor of the plantation at Saco, under Gorges, but did not receive appointment to that oface till September 2, 1639. He lived at Winter Harbor near the Saco. He was of the Council and acted as one of the Justices in the trial of Eev. George Burdett, once preacher at Dover, on the charge of adultery. X Henry Jocelyn or Josselyn was agent for Capt. Mason, 1634, lived a while at Black Point, now Scarborough, held courts in 1647 1648 Savage says. Win. Hist. Vol., II, p. 255, " For his long acquaintance in the country, he was selected, 21 June 1664, with others, as a commis sioner of Sir Ferdinando Gorges. He was chief of a commission under authority of the royal commissioners in 1666 to hold a court at Casco. The precise time when he came to this country is not determined. Ed. 1634.] PROVINCE PAPERS. 87 B. 1, p. 25. No. 18. John Pickering, credif" unto Mr. Ambrose Gibbens, in the yeares of the Lord, 1633 and 1634, as fell. : £ s. d. Imp. For Thomas Crockett, 3 weeks diet, 00: 12: 00 For stone-work to the chimney, 01: 00: 00 For the carpenter's worke, belonging to the chimney, and lengthening the house the depth of the chimney, 02: 00: 00 7 C of lOd nails, 00: 07: 00 For levelling the lower flower, 00: 05: 00 For plastering the chimney, 02: 00: 00 For 2 ladders and a wheelbarrow, 00: 10: 00 For 26 C foote of boards, at 7s per 0 09: 02: 00 For the frame of the house from the chim ney to the south ende : 06: 00: 00 21: 16: 00 John Pickering, debt* unto Mr. Ambrose Gibbens, pr prnitiens* delivered to him at several times, as by account appears, the some of 10: 03: 04 Deduct these two sumes, the one from the other, ther remains due unto John Pickering the some of eleven pounds, twelve shillings and eight pence, 11: 12: 08 September the 6th, 1634. Eec'd of Mr. Ambrose Gibbens, in full satisfaction uppon this accompt, eleven pounds, twelve shillings and eight pence. I say rec'd the day and yeare above written, in beaver, at 10s per lb. In witness of me, \ The signe, Charles Knill. ) by me, of f John Pickering. Indorsed — " Pickerings ac compte with Mr. Gibbens, 1634." * Provisions. NEW-HAMPSHIRB. [1634. B 1, p. 26. No. 19. Newitchawanick. £ s. d. 06: 00: 00 03: 19: 04 02: 00: 08 Accompt being made w*^ Thomas Crockwood, the 23d of Aprill, 1634, there appeareth to be due unto hira, for his servis forone year, six pounds. To be deducted for p'visions delivered to him out of the store, three pounds nineteene shillings and foure pence, ¦Eemains due unto Thomas Crockwood, two pounds and eight pence, Capt. Neale, his accompt being made the 3d of June, 1633, and Thomas Crockweod's the 23d of April, 1634, he is paid of his old accompt, twelve shillings. Eec'd of Mr. Ambrose Gibbens, in full satisfac tion, uppon this accompt, for the use of the Ad venturers ef Laconia, the 23d ef April, 1634, Beaver, four pounds and one ounce. The M signe. pr me, of Thomas Crockwood. i^este me — Charles Knill. Indorsed — " Thomas Crockwood : « his account, April 23, 1634, and re- sait with Adventurers of Laconiah." B. lb. oz. 4 1 B. 1, p. 27. No. 20. Mr. Wannerton and Mr. Gibbins : These are to let you know that wee, w**" the consent of the rest of our partners, have made a devision ef all our land lying on the north-east side of the harbor and river of Pascattaway of the quantities of w* lands and bounds agreed uppon for every man's part, we send you a coppie of the draft, desiring your furtherance, with the advise of Capt. Norton and Mr. Godfrey, to set out the lynes of division betwixt our lands and the lands of our partners next adiening, because we have not onelie each of us shipped people present to plant uppon our 1634.] PROVINCE PAPERS. 89 owne lands, at our owne charges, but have given direction to invite and authoritie to receive such others as may be had to be tenants, to plant and live there, for the mere speedie peo pling of the countrie. And whereas there is belonging unto me. Sir Ferdinando Gorges, and unto Capt. Mason, for himself, and for Mr. John Cotton and his deceased brother, Mr. William Cotton, both whose interests Capt. Mason hath bought, the one halfe of all matters mentioned in the inventorie ef house- holde stufife and implements left in trust w*^ you by Capt. Neale, whereunto you have subscribed ye' names, and whereof a coppie is herew''' sent, we desire you to cause an equall division, as neere as possiblie may, to be made of all the saide matters menconed in the inventory in kinde, or if some of them cannot be soe divided, then the en[e] halfe te be made equall to the ether in valew of all the said matters, except the cattell and suites of apparell and such ether things as belong peculiarly to Capt. Mason, and to deliver the said one halfe of all the saide matters so to be divided unto Mr. Henry Jocelyn, for the use of our Plantations ; taking an inventory thereof under his hand, of all you shall so deliver hirae, and making certificate to us thereof And for your so doeing, this shall be your suffitient warrant and discharge. And se we rest, Y' verie lovinge friends, Ferdin: Gorge, John Mason. Portsmouth, Maye 5th, 1634. Indorsed "Sir Fer: Gorge and Mr. Mason, to Mr. Wannerton and Mr. Gibbins, 5th May, 1634, No. 6." B. 1, p. 28. No. 21. Mr. Gibbins: These people and provisions, which I have new sent w"" Mr. Jocelyne, are to sett upp two mills uppon my owne divi sion of lands lately agreed upon betwixt our adventurers ; but I think not any ef them will adventure this yeare te the plantation, besides Sir Ferdinando Gorges and myselfe; for which I am sorrye, in that so good a business (albeit hitherto 90 new-hampshire. [1634. it hath bene unprofitable), should be subject to fall to the ground ; and therefore I have strayned myself te do this at this present, and could have wished that the rest would have ioyned te have sent you some provisions for trade and support of the place; but that failing, I have directed to you, as a token from myselfe, one hogshead of mault te make you seme beare. The servants with you, and such others as remain upon the companies charge, are to be discharged and payed their wages out of the stocke of beaver in y' hands, at the rate of 12s (?) the pound, whereof I thinke the company will write you more at large : And we have agreed te divide all our moveables mentioned in the Inventory that Capt. Neale brought home, w'='' were left in trust w"" you and Mr. Wanner ton. I bought Mr. Cotton's and his brother's parte of all their adventures, so that the halfe of all belongs to Sir Ferdinando Gorges and myselfe ; and of that halfe, three quarters will be dewe to me, and one quarter to Sir Ferdinando. These things being equally divided, they are te be delivered to Mr. Jeceline, my three quarters of the halfe, and the other fourth to whom Sir Ferdinando shall appointe. And you must afford my people seme house roorae in Newitchewanocke house, and the cowes and goates, w"" are all mine, and 14 swine, with their increase, some grounds to be uppon, till we have some place provided upon my new divided lands, or that you receive my further order. A copie of the division of the lands is herew*'' sent unto you. The stockings and mault, and suites ef cloathes, and suggar, and raysinges and wine that was delivered by Mr. Bright and Mr. Lewis, I have not received any satisfaction for; wherein I must crave y' helpe and such satisfaction as may be sent by this shipp. The christall steanes you sent are of little or no va)ew, unless they were so great to make drinking cupps or seme ether workes, as pillars for faire lookinge glasses or for garnishing rich cabinetts. Good iron or lead oare I should like better ef, if it could be found.* I have disbursed a great deal of money in y^ plantacon, and never received one penny; but hope if there were once a discoverie ef the lakes, that I should, * In Belknap, the two foregoing sentences are in italics. Not so in the original. 1634.] PROVINCE PAPERS. 91 in some reasonable time, be reimbursed againe. I pray you helpe the Mr. [master] what you can to some ef the best iron stoane for ballast, and in case he want other laddinge, te fill the shipp upp w"' stocks of cypress wood and csedar. Let me here from you of all matters necessary, and wherein I maye doe you any pleasure, I shall be reddie. And so w*^ my heartie commendacons, I rest To' verie loving friend, John Mason. Portsmouth [Eng.J, May 5, 1634. Indorsed — " Mr. Mason to Gibbins. Ne. 7. May 1634. Eeceived 10th of July, 1634." B. 1, p. 29. Ne. 22. Answer to the Foregoing. Sir : To' Wor'shp have donne well in setting forward your Plant acon, and for your milles they will prove beneficial unto you, by God's assistance. I would you had taken this ceorse sooner, for the merchants I shall be very cautylous [cautious] hew I deale w"' any of them while I live. But God's will be done, I and the world doth judge that I could not in these my dayes have spent my time for noe thinge, fer there sending trade and support I desire it net. I have supported but now sunke under my burthen ; the mere I thinke en this, the more is my griefe. I have rec* the hog* ef mault that you sent me giveing you humble thankes for the same. The servants that were w"' me are discharged and payd there wages for the year past, and I have delivered unto Mr. Warnerton, 43 lb. of beav er to pay those that were w"" him for the year past, for the paying ef the servants there eld wages, or the dividing of the goods, I expect a general letter, if not then to heare further from your wor''', yo' carpenters are with me and I will further them the best I can. Capt. Neale appeynted me two of your goates to keepe at his departinge. I praise God they are 4. Of the goods that Mr. Bright left I only rec* of Capt. Neale 4 bush'lls of mault and at sevrall times 8 gallons of sack, and from Mr. Warnerton 7 bush'lls and 1 peck of mault, 5 lb. and 92 new-hampshire. [1634. J of sugar, and 3 pr. of children stockings, and 97 lb. of beefe w"" was ef an old cow that Mr. Warnerton killed, being doubt- full that shee would not live all the winter, for these I will pay Mr. Joselin for you. I prceive you have a great mynd for the lakes and I as great a will to assist yon, if I had 2 horses and 3 men w"" me, I would by God's helpe soone resolve you of the cituation of it, but not te live there myself.* The Pide-cow arrived the 8th of Julie; the 13th day she cast anker some halfe a mile from the falle ; the 18th day the shippe un laden ; the 19th fell downe the river ; the 22d day the carpen ters began about the mill ; the 5th of August the iron stone taken in the shipp ; there is of 3 soartes, on [e] sort that the myne doth cast forth as the tree doth gum, w'^'' is sent in a rundit,-}- en [e] ef the other soartes we take to be very rich . There is great stoare of it, for the other I know not ; but may it please you to take notice of the waight and measure of every sort before it geith into the furnace, and w' the stone of such waight and measure will yield in iron. This that wee take to be the best stone is 1 mile to the southward of the great house, it is some 200 rods in length, 6 foot wide, the depth we know not ; for want ef tooles for that purpose we tooke only the surface ef the mine. I have paled in a peice ef ground and planted it. If it please God to send us a drie tirae, I hope there will be 8 or 10 quarters of corne, you have at the greate house 9 cowes, 1 bull, 4 calves of the last year, and 9 ef this yeare; the[y] prove very well, farre better than ever was expected, they are as good as your ordinary cattle in England, and they goates prove some of them very well both fer milk aud breed. If you did send a shippe for the Westerne Islands of 6 sceare tunne or there abouts for cowes and goates, it would be profitable for you. A stock of iron worke te put away w«^ your boardes from the mill will be good. Nayles, spikes, lockes, hinges, iron worke for boates and pinaces, twine, canvis, needles and cordage, pitch and tarre, graples, ankers and necessaries fer that purpose. Sir, I have written unto Mr. John Eound to repair unto * In Belknap, in italics. t Eundit or runlet, a small barrell that contains a number of gallons. Web. Die. ° 1634.] PROVINCE PAPERS. 93 your wor*", he is a silver smith by his trade, but hath spent much time and meanes about iron. May it please you to send for him ; he dwelleth in Mogall street. If you are acquainted with any finer or mettle-man enquire of him and as you see cause send for him, he is well seene in all myneralls. If you deale not w"" him, he will give you a good light for your pro ceedings. The 6th of August the shippe ready to set sayle for Saco to load cleave boards and pipe staves ; a good hus band with his wife to tend the cattle, and to make butter and cheese will be profitable ; for maids they are soone gonne in this countrie. Fer the rest I hope Mr. Jocelyn for your owne p'ticulers will satisfie you, for I have not power to examen it. This w"* my humble service to your wors' I rest To' ever loving servant, Ambrose Gibbins. Newitchawanock, the 6th ef August, 1634. Indorsed. " The coppie of a letter to Capt. Mason, the 6th of August, 1634, from Mr. Gibbins. No. 8." B. 1, p. 30. 1634. No. 23. A remembrance of goods and amonition left with Mr. Jeslyn in the house of Newitchawanack, w"" goods belon^e unto the worshipful company ef adventrers for Laconia. Imp. 2 flock-beds and 2 boulsters. It. 3 Irish blanketts and 2 Kilkany ruges. It. on[e] pare ef eld sheets, It. on[e] pantado coverlid. It. one great iron kittle. I received not— illegible. It. one iron poet. It. one iron skillit. It. one pare of pott-rackes. It. one pare of poot-hookes. It. one spit, It. one great brass kettle and one ould kettle, It. two pewter platters and one bason, It. 7 al — ? spoones, 94 NEW-HAMPSHIRE. [1634. It. 2 hand-saws 6 foote longe. It. 3 iron wedges. It. one servis boeke. It. one muck-herer and 2 chambers. It. 7 musketts and 6 pare of bandelears. It. 2 kerbines and one pare ef bandelears. It. 6 swords and 6 belts. It. one pare of scales, It. one grind-stone and iron nesessary. It. one Steele mill. Goods that your workmen had by your request, promising me satisfaction for them. It. one ades. It. one whip-saw. It. one flock-bed and boulster. It. one kilkeny ruge and one blankett. It. one grind-stone with iron handle and axltree. These goodes delivered by me, Ambrose Gebbins. These goods here under writ, borrowed by Mr. Henry Jose lyn fer Capt. Mason's use, ef Ambrose Gibbens, were spent and worne out in his service : Imp. Irish blanketts, one kilkenny rugg, one pare of old sheetes, one pentadoe coverlett, one ould brass kettle, seaven spoones. For these goods I acknowledge to be accomptable unto Ambrose Gibbins whensoever he shall deliver up his charg of goods now in his hands belonging unto y" company of Laconia. Witness my hand this 27th day of August, 1634 ?* Fr. Mr. Henry Joselyn. These are to certifie whom it shall concerne, y' I, Henry Joselyn, doe by these charge myself to be accomptable (as Capt. Mason's agent in New England, in the year of 1634 ?) unto any of the adventurers y' were assotiated in y« company * This last figure is obscure. 1634.] PROVINCB PAPERS. 95 of Laconia or there agents for al such goods as I have received fr'm Ambrose Gibbins and here expressed in this invoice, fer Capt. Mason's accompt. Given under my hand this 20th July, 1634. Pr. me, Henry Joselyn. Witness, Henrie Sherburne. B. 1, p. 31. No. 24. Boston, Aug»« 20th, 1634. Mr. Gibbens: Wee only wait for a faire wind. I shall acquaint Mr. Mason and y' Eest of the owners fully of what you and I have for merly discourst, and if they give mee incouradgment, hope shall see you againe the next yere. Looking ever my Papers, found the inclosed; it being the Division of the Townes and" the coppia of what Capt. Nele and Capt. Wiggins Wroat hoome to the Pattentes of Laconiah and Hilton's Poynt; it may be ef som use to you hereafter;* therefore I send it you lest Capt. Wiggins should make a nether bluster. W"' w*^*" my kind Love to you and your spouse and little Beck, I am Tour affec' ffriend, George Vaughan. Superscribed — " To Mr. Ambrose Gibbens, at Sanders Poynt, in Piscataway." Indorsed — " George Vaughan letter, 20 Aug", 1634." Much Honred : In obedins to your comands, have survaied the Eiver from the mouth of the harbor to Squamscut falles, and liquise from the harbors mouth, by the sea side, to the Masatusets bounds, *The Paper which follows is the same as No. 17, p. 83, except the pre amble, "Whereas," &c., is omitted, as it is also in Belknap, App. No. 6. It is noticeable, also, that in this the date is 1632, but the figure 2 looks as if it might have been altered from 3. Also, in the date on the indorse ment, 163-, the last figure is mutilated. The paper purports to be a copy of the orginal, and if this letter of George Vaughan is genuine, it is im portant in relation to the Wheelwright deed. 96 NEW-HAMPSHIRE. [1634. and find that the bounds ef your Pattents will not aford more than for two townes in the Eiver of Piscataway, and the remainer will make another good town, having much Salt Marsh in it, and Because you would a had foure townes named, as you desired. Wee have treated with a gentleman who has purchased a Tract of Land of the Indyans at Squamscut ffales, and your Land running up te the said ffales on the One Side of the Eiver, and he haveinge a mind te the Land on your Side about a Mile Downe the Eiver from the fales to a Certaine Crike, and one mile from the Eiver Backe, w"" we have agred on, and the Crike is called Whelerights Crike. The gentle- mans name Being Wheleright, and he was to name said Plan- tatycon when settled, Exeter, and the other tow tonnes in the ' Eiver North- Hamm the one and Portsmouth tbe ether. Bound ed as followeth, vizt, Portsmouth runs from the barbers mouth by the Sea Side to the Enterance of a Little river betweene two bed Lands, which we have given the name of the Little Bores bed and the Gret Bores bed, and from the mouth of that Little Eiver to goe en a straight Line te the afore said Crike, which we have named Whelewrights Crike, and from Thence Doune the Eiver te the harbors mouth, where it began. And North-Ham is the Bounds of all the Land of the Pattent called Hiltons Poynt, which is from Nechewanake Eiver to the enter ance of the Eiver of Squamscutt, adjoying to Mr. Edward Hiltons Plantatyon, and in to the Woods uppon a North West Line. And the Other Land from the Little Eiver, betweene the two Bore's beds, te run by the Sea til meets with the Line betweene the Massatusetts and you, and so to Eun from the Sea by said Massatusetts Line in to the Woods Eight Miles And from Thence a Twart the Woods to mete with portsmouth line nere whelerights Crike. And that Tracte of Land to be called Hampton, so that there is foure Tounes named as you desired, but Exeter is net within the Bounds of your Pattents. But the Greteste Difficulty is the Agrement about the Dividing line betweene the Pattent of the Twenty Thousand Acres be longing te the Company of Laconia, and the Pattent of Bluddy poynt. The Eiver running so Intrycate, and Bluddy Poynt Patten boundes from Thence to Squamscut fales, and to run Three miles in to the woods from the water side. And for ^^^^¦1 PROVINCE PAPERS. 97 your Better Understanding thereof, we have sent you a Drafte of It Accordinge to our Beste Skill, ef what we knew ef it att present, and have Drawn a dividing Line betweene the two Pattents, so that portsmouth is part of both Pattents, and Hampton, we apprehend, will be Holly in the Twenty Thou sand Acre Pattent, and North Hara is the Boundes of Hiltons Poynt Pattent. If what wee have Don be te your likeinge. We Shall Thinke our Time well spent, and what further Comands you will please to Lay on us we shall readyly obey to the uttmost of our power. Wee humbly take Leve, and Subscribe ourselves Tour Devoted and Most Humble Servants, Walter Nele. Thos. Wiggin. North Hamm, on Piscataway Eiver, In New-England, 13 August, 1632. Copia. Superscribed—" To .Tohn Mason, Esq', Governor ef Ports mouth, to be comunicated te the Pattentes of Laconiah and Hilton's Poynt, Humbly present. In London." Indorsed—" Copy of a Letter to the Pattentees, from Capt. Nele and Capt. Wiggin, George Vaughan left with me, August, 163-." P. 33. No. 25. London, 10th April, 1636. Loving ffriend Gibbens: Wee put into Ireland going home, and there was taken sike and lefte behind, and laye so longe before I got well that it was the latter end of December laste before I get to London, and Mr. Mason was ded.* But I spoke with Sir Ferdinando Gorges and the other owners, but they gave rae no incouradg ment for New-England. I acquainted y'm fully of what you and I discoursed, but theye were quite could in that matter. Mr. Masson being ded, and Sir Ferdinando minding only his * Mr. Mason died between November 26, 1635, when his will was made, and the 22d of December, 1635, when the will was proved. 7 98 NEW-HAMPSHIRB. [1637. own Divisyon, he told me he is a getting a pattente for it from the Kinge from Piscataqua to Sagadahock,* and that between Meremake and Piscataqua he left for Mr. Mason, who, if he had lived would a took a pattent for that also, and so I sup- ose the affairs of Laconia is ded also. I intend to go for the Este Indyes. A friend of mine have made me a very good proffer and I thinke to take up w'"' it, which is what offers at present. Thus with my kind love to you and wife and daugh ter, I am Tour loving ffriend, George Vaughan. Superscribed — " Te Mr. Ambrose Gibbens, at Sanders Poynt at Piscataquay Eiver, in New-England." P. 34. No. 26. This indenture made the first day of October, Ann. Do. 1637, and in the thirteenth year of the rayne of our Soveraigne Lord King Charles : Whereas Sr. Ferdinando Gorges, Knight, Capt. John Mason, Esquire and their asotiates, by virtue of a pattente is rightly invested and seased on a parsell ef Land in New-England, in America, called Piscataway, and for the prosecutinge of thear affairs in thos parts, hath asigned Eichard Vines, Henry Jos- lin and Thomas Warnerton, gentlemen, theare agents; wee, therefore, Eichard Vines, Henry Joslin and Thomas Warner ton, do demise, grant, lette unto Francis Mathews, all that parsell or portion of lands in Pascataway Eiver, lyinge upon * In 1639 Sir Ferdinando Gorges obtained of the crown a distinct char ter in confirmation of his own grant, of " all the land from the entrance of Pascataqua harbour, up into the river of Newichawannock to the furthest head thereof, and from thence northwestward till 120 miles be finished, and from Piscataqua harbor all along the sea coast to Sagadahocke, and up the Kennebec river unto the head thereof, into the land northwestward, until 120 miles be ended, thence to cross over land to the 120 miles formerly reckoned"— with "the north half of the Isle of Shoals, and the Isles of Capawocke and Nauteean near Cape Cod, as also all islands lying within five leagues of the Main." This was the Pbovinck of Maine. Ed. 1638.] PROVINCE PAPERS. 99 the north west side of the great Island, commonly called Mus- kito Hall, beinge a necke of land by estemation on[e] hundred acres or thear abouts, more or less, to have and to hould all the demised premises, the appurtenanses to the sayd Francis Mathews, his heirs, executors, administrators, assigns, from the date hereof, untill the terme of on[e] thousand years be fully compleat and ended, yealding and payinge thearfor the annual rente of two shillings unto the sayd Sir Ferdinapdo Gorges, Capt. John Masson, their heirs, executors, adminis trators aud assigns, if it be lawfully demanded, uppon every ffirst day of October during the sayd terme of on[e] thousand years. In witness of the truth ? we have hear unto sete our hands and scales the day and year above wrighten. EiOH. Vines, Henry Jocelyn. Tho. Warnerton. Witnesse, Narius Hawkins, Vera copia. Indorsed. — "Vines, Joslin and Warnerton to Francis Mathews, for Musketo Hall, October, 1687." P. 85. No. 27. Loving friend Mr. Gibbens : I understand that you have some swine in yo' hands belong ing to my late husband, Captaine John Mason, and now to mee. I pray good Sr. deliver them speedily to y= bearer hereof, Ffrancis Norton, whom I have made my general attornie for my whole estate in yo' parte, to whom I pray you afford your loving assistance in what is convenient, and your equitie and love herein shall oblige mee to remaine. To' loving friend, Anne Mason. East Greenwich, May 6th, 1638. Superscribed.— "To her loving friend Mr. Ambrose Gibbens there." 100 NEW-HAMPSHIRE. [1647. P. 36. No. 28. Lovinge and kind Contryman Gibbins, my love with my wives and my sonnes love and respects te you and to your wiffe, hoping that you are all in good health as wee are at this time. I have receaved my Sonne s.affe and well, the which I give you many thankes, and your wiffe, for your greate care and paynes that you have be- stojved with him. I have given Mr. Treriffe*? for his passage forty shillings, being as much as I gave fer my daughter pass age in money ; but it is as I tollde him beter paye then clabords or pipe-staves ; but if his undertaker should have reseaved it ef me, I would have had a discharge from him for it, but you gave him a bill that if I did net pay you would — would when you see the bill you gave him, at the botome of the bill you shall see a discharge frora mee, writ with my own hande, and signed with Mr. Trerish's owne hand, for a discharg of that bill which you gave him. Now, my desire to you will be to know wheat for you have reseaved those debts ef mine which I left, but ef Tom Jensen and old Nickles espesyally, fer my sonne tells me that Tom Jonson lives with you and I would intreate you to give me an acceunte, whatever I have that theare which will give you satisfaction. I shall desire you te make salle of the house and ground, and if the cheste of linen, and all other detes and that I raay understand whether theare will be any thing lefte, and if there be, let it be sent in bever, or corne, or any thinge else, dear skins er bare skines, and I will returne it te you again in trading cloath, or anythinge else that you shall write for, and so will eavry yeare after as you shall sende ; but if you please te send me those thinges in that cheste I shall be willinge to repay what you shall thinke fitt fer your use heare. So de siring to hear from you as soon as may be, I reste Tour loving ffrind and contryman. To his power, Eichard Eogers. [On the margin, March 3d ? 1647.] * Or Trerishe. 1648.] PROVINCE PAPERS. 101 I pray you tell Tom Jonson that my soone John hath bin at his cesen Jensen's the shoemaker, in Saint Martins, and he hath asked him much of him, regard te him and love. Indorsed. — " A letter to Mr. Gibbins . from his frind about accompts 1648." Superscribed. — " To his respected friend and contryman Mr. Ambrose Gibins, at his house in Oyster Eiver, upon the river of Pascataway in New- England this." P. 37. A remembrance of what Irecevedfor Mr. Bogers. £ s. d. Of Tuttle, 0 6 00 Of Layton ? 1 0 00 Of Emery for cloub*? 3 0 00 OfNuter, 0 12 00 OfGodard400ofcl. 4 0 00 Of Johnson and Nicoles for the house and lot 2 year, 10 00 00 For corne and garden stuff. For one year to John Eaymen ? Fer your chest and the things in it, For 2 year fer the house to old Starbuck ? For the bowse at present at the most six pound. 42 18 00 Mr. Eogers, debitor : £ s d Laid out to repare the bowse, i 0 00 And for rates. More for repairing the bowse, For your daughter for good board for 2 years and 4 months, seventeen pound, * Clove boards. 7 18 00 10 00 00 8 00 00 4 00 00 6 00 00 2 00 00 6 00 00 35 00 00 7 18 00 17 0 00 0 8 04 2 0 00 30 0 00 01 0 00 55 18 04 42 18 0 102 NEW-HAMPSHIRE. [1650. And for a coflSn and her burial, Payd Mr. Hil fer you, for helmes 200 of clovebords. For John Eogers, his diet and nessaries for 6 yeare and 7 months. For his diet at Boston, 13 00 04 In his letter rest due, 10-19-10. Superscribed. — " To his respected friend and countryman Mr. Ambrose Gibbens, at his house in Oyster Eiver, upon the river of Passcataway in New England, this." P. 38. No. 29. The Deposition of Stephen Biles and Joseph Mason. The said Biles, aged about thirty-five years, and the said Mason about fifty-eight years, both testifieth and sayth, that in March, 1650, we were both at the house of Mistress Ann Mason, in London, the relict of Capt. John Mason, deceased, and saw a branch of his will wherein he made his said wife Ann, sole executrix, and after that died, it being his last will, and further these deponents saith not. Testified upon oath before mee, Jo. Endecott, Gov'. That what is above written is a true copie compared w"* its originali so signed and produced in the General Court of the Massachusetts in New-England, by Mr. Joseph Mason, May, 1652. Attest, Edward Eawson, Sec'y. Indorsed. — " Steven Biles and Joseph Mason's deposition of Mr. Mason's claims, 1650." PROVINCE PAPERS. 103 Miscellaneous Items relating io New-Hampshire, ber tween 1629 and 1636. [furnished BT HON. S. D. BELL.] Instructions to Endicott, as to earlier settlers from Massachusetts Council, 16 Feb'y, 1629. " Mr. John Oldham came from New-England not long before your arrival there, * * * and is minded, as soon as he can dispatch, to come for New-England, pretending to settle him self in Massachusetts Bay, claiming a right by grant frora Sir F. Gorges' son, which we are well satisfied, by good counsel, is void in law. We pray you and the Council there to advise seriously together for the maintenance of our privileges and peaceable government, which, if it may be done by a temper ate course, we much desire it. But if necessity require a mere severe course, when fair means will not prevail, we pray you to deal as in your discretions you shall think fittest for the general good and safety. And because we would not emit to do any thing which might strengthen our right, we would have you, as so.on * * * as you have men to do it, send forty or fifty persons to Massachusetts Bay, te inhabit there, which we pray you not to protract, but to do it with all speed. And if any of our company, in particular, shall desire to settle themselves there, or to send servants, we desire all encourage ment may be given them, whereby the better te strengthen our possession there against any that shall intrude upon us, which we would not have you, by any means give way unto, with this caution, notwithstanding, that fer such ef our countrymen as you find there planted, so as he be willing to live under our government, you endeavor to give them all fitting and due accommodation, as to any of ourselves ; yea, if you see cause for it, though it be with more than ordinary privileges in point of trade. BagnalVs Murder. 1 Winth. Mass. lb. October 22, 1631. The Governor received a letter from Capt. Wiggin, of Pascataquack, informing him of a murder 104 NEW-HAMPSHIRE. committed the third of this month, at Eichman's Isle,* by an Indian Sagamore, called Squidrayset, and his company, upon one Walter Bagnall, called Great Watt, and one John P , who kept with him. They having killed them, burnt thc house over them, and carried away their guns and what else they liked. He persuaded the Governor te send twenty men presently te take revenge; but the Governor, advising with some of the Council, thought best te sit still a while, partly because he heard that Capt. Neal, etc., were gone after thera, and partly because of the season (it being frost and snow) and want of boats fit for that expedition. This Bagnall was sorae times servant to one in the bay, and these three years had dwelt alone in the said isle, and had gotten about £400, most in goods. He was a wicked fellow, and had much wronged the Indians. June 25, 1631. There came a shallop from Piscataqua which brought news of a small English ship, came thither with previsions and some Frenchmen te make salt. By this boat, Capt. Neal, Governer of Piscataqua, sent a packet of let ters te the Governor, directed to Sir Christopher Gardner, which, when the Governor had opened, he found it came from Sir Ferdinando Gorges (who claims a great part of the bay ef Massachusetts). In the packet was one letter te Thomas Mor ten (sent prisoner before into England upon the Lord Chief Justices warrant), by both which letters it appeared, that he had sorae secret design to recover his pretended right, and that he had reposed much trust in Sir Christopher Gardner. These letters we opened, because they were directed to one who was our prisoner and had declared himself an ill- wilier to our government. Winth. His. N. E. 68. The bark Warwick arrived at Natescatt, having been at Piscataquack and at Salem to sell corn which she brought from Virginia, lb. 86. One Abraham Shurd ef Pemaquid, and one Capt. Wright and others, coming to Piscataquack, being bound for this bay *Iliobman's Island was some miles south of Portland, and of the line subsequently claimed by Massachusetts. PROVINCE PAPERS. 105 in a shallop with £200 worth of commodities, one of the sea men going to light a pipe of tobacco set fire te a barrel ef powder which tore the boat to pieces. That man was never seen, the rest were all saved but the goods were lost. lb. 94. 1632, Oct. 18. Capt. Cameck and one Mr. Godfrey, a mer chant, came from Piscataquack in Capt. Neal his pinnace, and brought sixteen hogsheads ef corn to the mill. They went away in Noveraber. lb. 107. Nov. 21, 1632. The Governor received a letter frora Capt. Neal that Dixy Bull and fifteen more of the English who kept about the east were turned pirates and had taken divers boats and had rifled Pemaquid. lb. 114. 23. Hereupon the governor called a council and it was agreed to send his bark with twentj! men te join with these of Piscataquack for the taking the said pirates. lb. 116. Dec. 5. By letters from Capt. Neal and Mr. Hilton, etc., it was certified that they had sent out all the forces they could make against the pirates : viz. four pinnaces and shallops and about forty men who coming to Pemaquid were there wind- bound about three weeks. lb. 116. Feb. 22, 1632. The ship Williara, Mr. Trevore Master, ar rived at Plymouth. By this ship we had intelligence that Sir Ferdinando Gorges and Capt. Mason (upon the instigation ef Sir Christopher Gardner, Morton and Eatcliff) had preferred a petition to the Lords of the privy council against us charg ing us with many false accusations ; but through the Lord's good providence and the care of our friends in England, espe cially, Mr. Emanual Downing, who had married the governor's sister and the good testimony given on our behalf by one Capt. Wiggin, who dwelt at Pascataquack and had been divers times among us, their malicious practice took not effect. lb. 119. Oct. 11, 1633. Capt. Wiggin ef Pascataquack wrote te the governor,' that one of his people had stabbed another, and 106 NEW-HAMPSHIRE. desired he might be tried in the bay, if the party died. The governor answered that if Pascataquack lay within their limits (as it was supposed) they would try him.* lb. 138. February 14, 1634-5. Capt. Wiggin, Governor of Pascata quack, under the Lord Say and Brook wrote to our governor, desiring to have two men tried here, who had committed sodomy with each ether and that on the Lord's day in time of public exercise. The governour and divers of the assistants met and conferred about it but did not think fit to try them here. Ibid. 185. Four servants ef Plymouth killed an Indian, three being brought to Plymouth were condemned and executed, the fourth escaped to Pascataquack. The governor sent after him; but those of Pascataquack conveyed him away and openly withstood his apprehension. It was their usual manner (some of them) to countenance etc., all such lewd persons as fled from us to them. lb. 321, 323. 1633, Oct. 10. The same day, Mr. Grant, in the ship James arrived at Salem having beeu but eight weeks between Grave- send and Salem. He brought Captain Wiggin and about thirty with one Mr. Leveredge, a godly minister to Pascata quack (which the Lord Say and the Lord Brook had purchased of the Bristol men) and about thirty for Virginia, and about twenty fer this place and some sixty cattle. lb. 137. This infectious disease [the small-pox] spread to Pascata quack, where all the Indians (except one or two) died. lb. 143. 1633, Aug. 6. Mr. Graves returned. Capt. Walter Neal of Pascataquack and sorae eight ef his corapany went with him. He had been in the bay above ten days and carae not all that time to see the governor. Being persuaded by divers of his friends, his answer was, that he was not well entertained the first time he came hither and beside he had some letters opened in the bay [ergo] except he were invited, he would not * This extract contains the earliest intimation seen of any claim of Mass achusetts Colony to New-Hampshire. PROVINCE PAPERS. 107 go see him. The 13th day he wrote to the governor to excuse his not coming to see him upon the sarae reasons. The gov ernor returned him answer, that his entertainment was sueh as the time and place could afford, being at their first coming before they were housed &c., and retorted the discourtecy up on him, in that he would thrust himself with such a company, he had five or six gentlemen with him, upon a strangers enter tainment, at such an unseasonable time, and having no need to do so, and for his letters he protested his innocency (as he might well for the letters were opened before they came into the bay), and so concluded courteously, yet with plain demon stration of his error. And indeed if the governor should have invited him standing upon those terms he had blemished his reputation. lb. 127. 9 July, 1634. Sir Ferdinando Gorges and Capt. Mason sent ¦ to Pascataquack and Aquamenticus with two saw-mills to be erected, in each place one. lb. 163. 1635, Sept. 1. Divers lewd servants, viz., six, ran away and stole a skiff and other things. A commission was granted at the General Court, to Capt. Trask, to fetch them and other such from the eastward. He pursued them te the Isle of Shoals, and so to Pascataquack, where, in the night, he sur prised them in a house, and brought them to Boston. At next court they were severely whipped, and ordered to pay all charges, etc. lb. 199. 1636, May 31. The last winter, Capt. Mason died. He was the chief mover in all the attempts against us, and was to have sent the general Governor, and for this end was providing shipping; but the Lord, in mercy, taking him away, all the business fell on sleep, so as ships came and brought what and whom they would, without any question or control. lb. 223. 1636, 7 Oc'r. Another [ship] arrived a fortnight after, with some cattle and passengers, but she had delivered most of her cattle and passengers at Pascataquack, for Sir Ferdinando Gorges his plantation at Aquamenticus. lb. 234. DOCUMENTS AND FACTS RELATING TO SETTLEMENTS IN NEW-HAMPSHIRE, PROM 1631 TO 1641, PREVIOUS TO SUBinSSION TO THE GOVERNMENT OF MASSACHUSETTS. PORTSMOUTH. Previous to 1653, Portsmouth was known and called by the name of Strawberry Bank.* The river and harbor were called by the Indian name Piscataquack, variously spelled, Piscataquacke, Pascataqua, Pascataqua, Piscata quay, and Piscataqua. Here, probably, the first settlement was begun in New- Hampshire. But we can not fix tbe exact date. Of the state of tbe settlement previous to 1631, but little is known. Hubbard who wrote in 1680, says : " Some merchants and other gentlemen in the west of England, belonging to the cities of Exeter, Bristol, Shrews bury, and towns of Plymouth, Dorchester, &c., incited no doubt by the fame of the plantation begun at New Ply- month in the year 1620, having obtained patents for seve ral parts of the country of New-England from the Grand * " The bank of the river above where the Great House was built, and extending some distance above what is now called Church hill, produced a large quantity of strawberries, on which account it was called Strawber ry Bank, and Portsmouth was frequently called by the inhabitants of the neighboring towns. The ' Bank,' mwWX the middle of the 18th century." Ad. Ann., p. 21. PORTSMOUTH. 109 Council established at Plymouth (into whose hands the whole country was committed), made some attempt of be ginning a plantation in sorae place about Piscataqua river, about the year 1623. Por being encouraged by the report of divers mariners that came to make fishing voyages upon that coast, as well as by the aforementioned occasion, they sent over that year, one Mr. David Thompson,* with Mr. Edward Hilton aud his brother Mr. "William Hilton,t who had been fishmongers in London, with some others, that came along with them, furnished with necessaries for carrying on a plantation there. Possibly others might be sent after them in the years following 1624 and 1625; some of whom first in probability, seized on a place called the Little Harbor on the west side of Pascataqua river, toward or at the mouth thereof,| the Hiltons in the mean while setting up their stages higher up the river, toward * Thompson, or Tomson, was a Scotchman. He was living at Piscataqua in 1626 ; and then, removed to the Massachusetts Bay, and took possession of an Island, which received his name, and still is known as Thompson's Island. See Farm. Belk., p. 5. ¦j- Edward Hilton and his brother William were the first planters in that part of New-Hampshire called Dover Neck. Savage, in I Winth. Hist., note 116, says, " The name of Edward Hilton, who was a gentle man of good judgment, is often found in our history ; and in 1641, when Massachusetts usurped the jurisdiction of the colony of New-Hampshire, he became a magistrate." He was a man of enterprise and influence ; pos sessed the friendship of Governor Winthrop, of Mass., and was his confi dential correspondent. He may be considered the father of tbe settlement of New-Hampshire; at least of Dover and vicinity. Before 1652, he be came an inhabitant of Exeter ; where he died, 1671, at a considerably ad vanced age. See Hist. Coll. N. H., vol. II, p. 54; also a Biogr. sketch of Col. Winthrop Hilton, Hist. Coll. N. H., Vol. I, p. 241. William Hilton, " was at Plymouth in I62I ; at Dover 1623 ; at Newbury about 1648 ; at Charlestown, Ms., 1665, and there probably died, 1675." Farm, in Holmes An., p. 183, Vol. I, note. En. X Tradition has well preserved the exact location. Brewster says — see Kamble II, p. 16, " Odiorne's Point was the spot selected by the Laconia Company for the site of the first building erected on the grant. The Manor house was a little north of the hillock which was between it and the ocean ; and on that elevation there was a small fort built to protect from savage incursions." 110 NEAY-HAMPSHIRB. the northwest, at or about the place since called Dover. But at that place called Little Harbor, it is supposed the first house was set up that ever was built in those parts ; the chimney and some parts of the stone wall is standing at this day [i. e. 1680] and certainly was it, which was called then, or soon after, Mason Hall, because to it was annexed three or four thousand acres of land, with inten tion to erect a Manor, or lordship there, according to the custom of England ; for by consent of the undertakers in some after divisions, that parcel of land fell to his share ; and it is mentioned as his propriety iu his last will and tes tament, by the name of Mason Hall."* Hubbard further says: "The planting of that side of the country went on but slowly during the first seven years. Eor in the year 1681, when Edward Colcord first came thith er, there were but three houses (as he affirmed) in all that side of the country adjoining unto Pascataqua river, nor is it said that any were built by Capt. Neal ; but after hia return home for England, Sir Ferdinando Gorges, Capt. Mason, and the rest of the adventurers, sent over other agents and supplies, for carrying on their designs.f One Mr. "Williams was sent over about that time to take care of the salt works, that were there begun, and other artif- ficers, the chiefest of whom was one Chadbourne, that built the great house (as it used to be called), at Straw berry Bank, with several others, both planters and traders. This Williams being a prudent man, and of better quality than the rest, was chosen to be their governor, when, after Capt. Neal's going away [1633], they entered into a Com bination for the better enabling them to live orderly one by another, for he it was who was governor in 1688, when the troubles happened at Dover, between Mr. Larkham and Mr. Knolles, &c." » See Will, ante, p. 41, N. E. Gen. Eeg., Vol. 2, pp. 37, 88 Hub Mass. 2 Hist. Coll., Vol. 5, p. 214. t Brewster, in "Eambles," p. 25, says, eighty emigranU came into the Colony in 1631. PORTSMOUTH. HI Belknap says: "The date of the combination at Ports mouth is uncertain, their first book of records having been destroyed in 1652, after copying out what they then thought proper to preserve." But that the combination existed and was entered into «t an early period, appears from a Court Record, 1643.* "John Pickering is in- joyned to deliver the old combination at Strawberry Bank the next court." "Williams was by annual suflrage con- tinned governor of the place, and with him were associated Ambrose Gibbins and Thomas "Warnerton in quality of assistants. Hubbard further says : " In 1640, May 25, it is recorded how the inhabitants of Strawberry Bank (since called Portsmouth) having of their free and voluntary minds, and good will, given and granted several sums of money for^the building and founding of a parsonage house with a chappie thereunto united, did grant fifty acres of land to be annexed thereunto as a Glebe land belonging to the said parsonage, and all was put into the hands of two men : viz., Thomas Walford and Henry Sherburne, church wardens." Grant of the Glebe in Portsmouth. [Copied from Adams' Ann., Portsmouth, App. 394-6.] Whereas, divers and sundry ef the Inhabitants of the Lower end of Pascataquack, whose names are hereunder written, of their free and voluntary mind, good will and assents, without constraint or compulsion of any manner ef person or persons, have granted, given and contributed divers and several sums of money toward the building, erecting and founding of a parsonage house, with a chapel thereto united, as also fiftie acres of Glebe land which is annexed and given to the said parsonage, that is to say, twelve acres thereof adjoyneth to the said parsonage house and layd out already by meetes and bounds, the south part abbutteth upon the edge of the salt * In the hands of Judge Bell. 112 NEW-HAMPSHIRE. creeke marsh, and soe tendeth along beyond Eoger Knight's field, en the north part it extends towards Strawberry Bank creeke, on the north east towards the river Pascataquack, end ing at the great pyne by the house, and the west stretcheth up into the main laud, whereof there is three acres er there abouts already inclosed with a pale for a corn field, and a gar den thereto belonging, the residue of the 50 acres being 38 is thus te be taken, that is te say, the full tenth part of the fresh marsh lying at the head of Strawberry bank creeke and that being meeted and bounded to take the remainder of the 38 acres next adjoyning te the said marsh soe layd out, which said ground at the tirae ef the said building thereon was deso late and void, JSTow the said inhabitants aforesaid by their common assent and consent toward the furtherance and advancement of the honor and glc)ry ef Ged, dee give, grant, aliene and set over unto Thomas Walford and Henry Sherburne, Church Wardens pf this parish, to thera and theire successors all the said Par sonage house, chappell, corn field, garden, glebe land with the appurtenances with all our right, title, interest in and to the sayd premises to remane, endure and continue in perpetuitie for ever to the use ef the aforesaid parish. And that the said Church Wardens, ther successors and either of them which are yearly te be chosen by the said parishioners, be deemed and adjudged only as feeflfees in trust te the use and behoof of the said parish, and that during the continuation of this corabina- tien, the Governer and Assistants for the year being, as also after the dissolution ef sayd combination by his Majestie, two of the principall men of the said parish which shall likewise yearly be chosen by the said parishioners, who jointly with the church wardens, shall have the ruling, ordering and gov erning the said parsonage house, chappell, glebe land for mat ters ef building reparations or ornaments thereto belonging- Provided always, that neither the said Governor, Assistants, Overseers er Church Wardens, their successors or either ef them shall net alienate, give, grant, bargain, sell or convert te any other use the said parsonage house, chappell, field, garden, glebe land or any the premises to any manner of person or persons, without the common assent and consent of all the said PORTSMOUTH. 113 parishioners. And whatsoever act or conveyance they shall make contrary to the true intent and meaning aforesaid, shall be utterly void and ef none eifect. And fer as much as the said parishioners have founded and built the said parsonage house, chappell, with the appurte nances at their own proper cost and charges, and have made choyse of Mr. Eichard Gibson to be the first parson of the said parsonage, see likewise whensoever the said parsonage happen to be voyd by death of the incumbent, or his time agreed upon expired, that then the patronage ^veaently and nomination of the parson te be vested and remain in the power and election of the said parishioners er the greater part of them fer ever. Given under our hands and scales this 25 of May, 1640, in the sixteenth year of the reign of our Sovereign Lord Charles, by the grace ef God, King ef England, &c. Prancis Williams, Governor, Henry Sherburn, Ambrose Gibbins, Assistant, William Jones, Kenald Fernald, John Crowther, Anthony Bracket, Michael Chatterton, Jno. Wall, Eobert Puddington, Mathew Cole, John Lander, Henry Taler, Jno. Jones, William Berry, [Seal] Jno. Pickering, Jno. Billing, [Seal] Jno. Wolten, Nicholas Eow, William Palmer. Names of Stewards and Servants sent by John Mason, Esq., into this Province qf New-Hampshire. [Copied from N. E. Gen. Beg., Vol. 2, pp. 37, 38. Adams' Ann. Ports. has the list also, but with slight variation of names.] "Walter IJfeal, Steward, Ambrose Gibbins, Steward, Thomas Comock, " "William Raymond, Francis "Williams, George Vaughan, Thomas "Wonerton, Henry Jocelyn, St. 8 Francis Norton, Steward, Sampson Lane, Steward, Renald Furnald, Chirurgeon, Ralph Gee, [or Goe] Henry Gee, [or Goe] "William Cooper, "William Chadborn, "William Chadborn, jun. 114 NEW-HAMPSHIRE. Humphry Chadborn, John Symonds, Ffrancis Matthews, John Beverly, Ffrancis Rand, "William Seavey, James Johnson, Henry Langstaff", Anthony Ellins, "William Berry, Henry Baldwin, Jeremiah Walford, Thomas Spencer, Thomas "Walford, Thomas Furrall, Thomas Moore, Thomas Herd, Joseph Beal, Thomas Chatherton, Hugh James, John Crowther, Alexander Jones, John "Williams, John Ault, Roger Knight, "William Bracket, Henry Sherborn, James Newt, John Goddard, James Wall, Thomas Fernald, "William Brakin, Thomas "Withers, Eight Danes, Thomas Canney, Twenty-two women. Adams says : " The first ten were stewards, and had the superintend ence of the various branches of business, which were car ried on in the plantation. Godfrie [Edward], who had been here some time, lived at Little Harbour and had the care of the fishery. He had under his direction six great shallops, five fishing boats, with sails, anchors, cables, and thirteen skiff's. Chadbourn built a house near the bank of the main river, about three miles from the mouth, which as called the Great House. This was situated near the corner of Water Street and Pitt Street, and wa^ occu pied by Warnerton. Gibbins had the care of the saw mill at Newichawannock, and on his removal to Sanders' Point, where the adventurers gave him a tract of land for his faithful services, Chadborn removed to Newichewan- nock and took charge of the saw-mill. The care of the salt works was committed to Francis Williams. Renald Fernald was a surgeon. With the persons above named, Mason sent over eight Danes and twenty-two women ; the Danes were employed in sawing lumber and in making PORTSMOUTH. 115 potash. The proprietors likewise sent over several can non, and other warlike implements, which their agents placed on the northeast point of Great Island, at the mouth of the great harbour, which they called Fort Point. They laid out the ground about a bow-shot from the water side, to a high rock, on which it was intended, in time, to build the principal fort." An Inventory of the Goods and Implements belonging to the Plan tations at Piscataway and Newichewanock, in New-England, July, 1635. [Copied from Adams' Annals of Portsmouth, App. No. I, p. 393 ; also, see N. E. Gen. Keg., Vol. 2, pp. 40, 41.] AT PISCATAWAY. Arins and Ammunition. 3 sakers, 3 minions, 2 faulcens, 2 rabenets, 4 murthers, 2 chambers, 22 harquebusses, 4 musquets, 46 fowling pieces, 67 carbines, 6 pair pistols, 61 swords and belts, 50 cloth cassocks and breeches, 153 canvass cassocks and breeches, 46 stuff cassocks and breeches, 80 shirts, 58 hats, 40 dozen of coarse hose, 130 pair of shoes, 204 pair of stockings, 79 monmouth caps, 149 pair small hose, 15 halberds, 81 headpieces, 32 beaver spears, 50 flasks, pair ef bandaleers, 13 barrels powder, iron bullets, 2 firkins lead bullets, 2 hogsheads match, 955 lbs. small shot, 2 drums, 15 recorders and hautboys Stores. 27 lined coats, 40 rugs, 15 papeus coats, 23 red cloth waist-coats, 16 moose coats, 9 pieces red baise, 375 yds. sail cloth, 12 belts canvas, 12 hides shee leather, 17 lbs. wt. lead, 14 iron pets, 23 iron kettles, 1276 wrought pewter, 116 NEW-HAMPSHIRE. 504 wrought brass, 5 barrels nails, 1 barrel spikes, 146 bars ef iron, 28 bars of steel, quantities ef all sorts of smith's, cooper's, carpenter's, mason's tools, 19 barrels pitch, 16 barrels tar, 8 ceils of rope ef 2} inches, 3 coils ef rope of 3} inches. 10 cable of 4 inches, 12 herring nets, 6 seines, 70 cod lines, 67 mackerel lines, II gauge cod hooks, 30 dozen mackerel hooks, 10 squid lines, 70 knots twine, 1500 boards, 1151 pine planks. Provisions. 610 lbs. sugar, 512 lbs. tobacco, 6 pipes wine, 170 gallons aqua vitae, 2 chirurgeon's chests. Cattle. 27 goats, 64 hogs, eld and young, 13 mares and horses, 9 colts. 140 bushels of corn, 8 barrels oat meal, 32 barrels meal, 15 barrels malt, 29 barrels peas, 153 candles, 24 cows, 2 bulls, 22 steers and heifers, 10 calves, 92 sheep and Iambs, Fishing Trade. 6 great shallops, anchors and cables. 5 fishing boats, with sails, 13 skiffs. For Eeligious Use. 1 great bible, 1 communion cup and cov- 12 service books, er of silver, 1 pewter fflaggen, 2 fine table cloths, 2 napkins. AT NEWICHEWANNOCK. Arms and Ammunition. 36 swords and belts, 6 bar. powder, 57 bullets, 1 firkin lead bullett, bar. match, 1 drum, 504 small shot . 2 robenets, 2 murthers, 2 chambers, 9 harquebusses, 47 muskets and bandeleers, 28 ffowling pieces, 33 carbines, 4 case pistols, PORTSMOUTH. 117 Stores. 31 cloth cassocks and 14 breeches, 793 35 canvas cassocks, 594 55 stuff coats and breeches, 482 67 shirts, 3 43 hats, 90 191 pa. shoes, 15 152 pair of stockins, 28 memouth caps, 43 lined coats, 32 red west coates, 2 6 ps. bays, 344 4 belts canvas, 1073 Provisions. cwt. lead, pewter, ct. brass, of copper, bar. nails, bars of iron, bars steel, all sorts of smith's, car penter's, raasou's, coop er's tools, scans, pine planks, boards. 192 bushels corn, 5 bar. oatmeal, 15 bar. meal, 12 butts malt, 9 bar. pease, 97 candles. 24 cows, 2 bulls, 22 steers and heifers, 10 calves, 92 sheep and lambs. 890 tobacco, 370 sugar, 2 pipes wine, 240 galls, aqua vitse, 1 chirurgeon's chest. Cattle. 27 goats, 64 hogs, old and young, 13 mares and horses, 9 celts. This is a true inventory ef the goods left by Capt. Walter Neal, to be delivered to Henry Joselyn, Esq., by command of Capt. John Mason, and received by us. AMBROSE GIBBINS, THOMAS WARNEETON. Vera copia : Teste, E. Chamberlain. 118 NEW-HAMPSHIRE. DOVER. [In the absence of Town Records of Dover previous to 1647, our knowledge of affairs in the early period of that settlement is gathered from statements made by Belknap, in his History of New-Hampshire, from Winthrop's and Hubbard's history, and from " Historical Memoranda," by Kev. A. H. Quint, d. d., published in numbers in Dover Enquirer, be ginning in 1850; and in N. E. Gen. Keg., Vols. V, VI, VII, VIII. Bd.] The Indian name of Dover Neck, where Edward Hilton settled, 1623, was Winachahanat or Wecohannet. The River and the place about the Falls — where the chief set tlement now is — was called Quochecho, or Cochecho. The only settlers there, says Quint, in the spring of the year 1623, " were Edward Hilton, William Hilton, and Thomas Roberts, and their families. There may have been others in the company, but we have not even tradition to support such a statement. There may possibly have been a few additions to the number between 1623 and 1631, but we know nothing about such ; and it is probable there were none until the latter year, at which time Edward Coleott* was here, and Capt. Thomas Wiggans. Wiggans went to England in 1632, and returned to Winachahanat in 1633, bringing with him a large accession to the colony." The names of families in Dover, says Quint, between 1623 and 1641 (most of whom probably came iu 1633), were : John Ault, Ambrose Gibbons, Thomas Beard, John Goddard, George Burdet, John Hall, Thomas Canney, John Heard, Edward Colcott, Edward Hilton, John Darn, William Hilton, William Furber, Thomas Johnson, * Savage says. Gen. Die, "Colcord, Edward, Exeter, 1638 ; but as a child, his first coming is reckoned 1631, removed 1640 to Dover, and Hampton 1644, perhaps to Saco, 1668, but back to Hampton there in 1673. Calls himself 56 years old, of course born about 1617, and died 10 Feb., 1682. DOVER. 119 Hanserd Knowles, James Ordway, Henry Langstaff", Richard Pinkham, Thomas Larkham, William Pomfret, Thomas Layton, Thomas Roberts, William Leveridge, Henry Tebbits, Francis Matthews, John Tuttle, James Nute, Richard Waldron, Hatevil Nutter, Thomas Wiggans. 'S5' MAGISTRATES. Capt. Wiggans was chief in authority in 1631. In 1633, there seems to have been an election of officers, and Capt. Wiggans was chosen Governor, 1634, 5, 6, 7, reelected Governor. 1637, 8, Rev. George Burdet, " 1638, 39, 40, Capt. John Underhill, " 1640, from April, Thomas Roberts, " Dr. Belknap says : " It appears from ancient records that Wiggens had a power of granting lands to the settlers, but as trade was their principal object, they took up small lots, intending to build a compact town at Dover Neck. On the most inviting part of this eminence, they built [in 1634] a meeting house, which was afterward surrounded with an entrenchment and flankarts." This was the first meeting house built in the Province. It remained until Major Richard Waldron built a new one in 1653. The first minister employed to preach in it was Rev. William Leveredge or Leverioh, whom Belknap calls a "worthy puritan divine." He was graduated at Cam bridge, Eng., in 1625, and arrived in the ship James, at Salem, Mass., with Capt. Wiggen's company, October 10, 1633. He continued in Dover till 1635, when he left, for want of adequate support. From Dover he went to Boston, and was admitted a member of the first church 120 NEW-HAMPSHIRE. there, August 9, 1635 ; afterward he assisted Mr. Partridge, of Duxbury, for a short time.* Between 1637 and 1640, Dover seems to have been a scene of confusion and trouble, both civil and ecclesiasti cal. One George Burdet, a preacher, succeeded in sup planting Wiggan, as Governor. Then Capt. John Under hill, who had found it necessary to leave Massachusetts, came to Dover to establish himself, and was chosen Governor in place of Burdet. "Underhill also procured a church to be gathered who chose Hanserd Knollys for tbeir minister. He had come over from England the year before ; but being an Anabaptist, of the Antinomian cast, was not well received in Massachusetts, and came here while Burdet was in office, who forbade his preaching. But Underhill, agreeing better with him, prevailed to have him chosen minister." Hubbard says : " About the year 1638, they attempted to gather themselves into a church estate. But for * In 1688 he became the first pastor of the church at Sandwich, on Cape Cod, and devoted much of his time to instructing tbe Indians in that quarter. In 1647 he was employed, by the Commissioners of the United Colonies, as a Missionary, and resided most of the time at Plymouth. He is particularly mentioned by Morton, as among the ablest ministers of the colony of Massachusetts, in 1642. In April, 1663, he visited Long Island in company with some of his early parishioners, at Sandwich, and made a purchase of land from the Indians at Oyster Bay, whence he was ordered off, April 2, 1655, by the authorities at New Amsterdam. [Col. Hist. N. T., Vol. II, p. 160.] He received small sums, from time to time, from the Society for Propagating the Gospel, between 1653 and 1658. In 1657, the Society desired him to instruct the Corchaug and Montauk tribes, at the east end of Long Island ; but in 1658, he was called to be pastor of the church at Huntington, where he continued to labor eleven years. In 1664 he was admitted freeman of Connecticut, and in 1669 accepted a call from Newtown, L. I., where he continued to his death, in either 1677 or 1692. An interesting relic of Mr. Leverijh exists in the town-clerk's oflice, Newtown— a volume of between 600 and 700 pages, of which about 100 are a running commentary, in his hand-writing, on the first fourteen books of the old testament, in part copied from the commentary of Pis- cator. After Mr. Leverich's death, the book was given to the town to record the town business in. Thompson's Long Isl., Vol. I, 480. Eiker, Hist, of Newtown, L. 1., 53, 98. DOVER. 121 want of discretion, if not of something else, iu them that were called to that solemn work, they soon after fell into factions, and strange confusions, one part taking upon them to excommunicate aud punish the other in the church and in the court; an ordinary effect of loose and pragma- tick spirits under auy popular government, whether civil or ecclesiastical." Quint says. Hist. Mem. No. 44, "It is evident that the church was organized within a few days, immediately following 13 January, 1638-9, 0. S., or 24 January, 1639, as we should reckon it. The time can not be exactly ascer tained." George Burdet was manifestly a bad man. After leav ing Dover, 1639, he went to Agamenticus, now York, Me., where he was indicted for adultery; and the following record is found of him in Coll. Maine His. Soc, Vol. 1, pp. 271,272: " 8th Sep. 1640. General Court at Saco. Before Thomas Gor ges, Bichard Vines, Bichard Bonighton, Henry Josselin, and Edmund Godfrey. Mr. George Burdet, minister of Agamenticus, is indicted by the whole Bench fer a man ef ill name and fame. Infamous fer incontinency, a publisher and Broacher of divers danger ous speeches, the better te seduce the weak sex of women to his incontinent practices, contrary te the peace of our Sove reign Lord the King, as by Depositions and Evidences. This Enquest find Billa vera. Whereupon the said George Burdett is fined by the Bench for this offence, twenty pounds sterling to our Sovereign Lord the King. Mr. George' Burdett is also Indicted by the whole Bench for deflowering Ruth, the wife of John Gouch, of Agamenticus aforesaid, as by depositions and evidence appeareth, contrary to the peace of our Sovereign Lord the King. This Enquest find Billa vera. Whereupon the said George Burdett is fined by the Bench, for this offence, Twenty Pounds Sterling to our Sovereign Lord the King. 122 NEW-HAMPSHIRE. Mr. George Burdet, being found guilty by the grand Enquest for entertaining Mary, the wife ef George Puddington in his house as by the first indictment against the said George Bur det appeareth, is thereupon fined by this Bench ten pounds sterling to the said George Puddington for these wrongs and damage sustained by the said George Burdet. P. 29. Ruth, the wife ef John Geuch, being found guilty by the grand Inquest, ef Adultery with Mr. George Burdet, is there- fere censured by this Court, that six weeks after she is deliv ered ef child, she shall stand in a white sheet publicly, in the Congregation at Agamenticus, two several Sabbath days, and likewise one day at this General Court, when she shall be there unto called by the Councillors of this Province, according to his Majesty's laws in that case provided." Coll. Maine Hist. Soc, Vol I, p. 211, 272. Belknap says :* — " Being cleared ef Burdet, it (the planta tion) was ridden by another churchman, Thomas Larkham. Coming to New-England, and net favoring the discipline, he removed hither [1640], and the people of Dover were much taken with his public preaching, he being of good parts and well gifted. But not being able to raaintain two rainisters, they resolved te cast off Mr. Knolles and embrace Mr. Lark ham. Whereupon Mr. Knolles, making a virtue of necessity, gave place, and the other, soon after he was chosen, discovered himself by taking into the church all that offered, though never so neteriously immoral and ignorant, if they would but promise amendraent ; and moreover fell into contentions with the people, taking upon him te rule all, even the Magistrates themselves. This occasioned a sharp dispute between hira and Mr. Knolles, who either yet retained, er upon this occasion re- assumed the pastoral office. Whereupon they were neither able quietly to divide into two churches, ner live peaceably to gether in one. The more religious sort still ad"hering te Mr. Knolles, he, in their name, excommunicated Mr. Larkham, who, in return, laid violent hands en Knolles, taking the hat from his head, pretending it was net paid for; but he was so civil as to send it to him again. In this heat it began to grow to a tu- * Dr. Belknap, MS. History of Church in Dover. See Winth. 2 p. 33-33. DOVER. 123 mult, and some of the magistrates joined with Mr. Larkham and assembled a company to fetch Capt. Underhill before the Court J he also gathered some of their neighbors together te defend themselves and keep the peace, and so marched out to meet Mr. Larkham, one carrying a Bible on a halberff for an ensign — Mr. Knolles being armed with a pistol. When Mr. Larkham saw them thus provided, he withdrew his party, and went ne further, but sent down te Mr. Williams, Governor ef Strawberry Bank, for assistance, who came up with a company of armed men and beset Mr. Knolles' house where Capt. Un derhill was, kept a guard upon him night and day till they could call a Court, and then Mr. Williams, sitting as judge, they found Underhill and his company guilty of a riot, and set great fines upon them, and ordered him and some others to depart out of the Plantation. The cause of this eager persecution was because Capt. Un derhill had procured a good part ef the inhabitants to offer themselves te the government of the Massachusetts ; and being then prosecuted, they sent a petition to thera for aid. The Governor and assistants commissioned Mr. Bradstreet, Hugh Peters, ef Salem, and Mr. Dalton, ef Hampton, who came hither on foot to enquire into the matter and endeavor te raake peace. They succeeded so weirthat Mr. Larkhara was releas ed from his excommunication, and Capt. Underhill and the rest from their sentences. Another account of these troubles (Winth. 2, p. 82, 1641; note by Savage), is given by Lechferd : " They two [Lark hara and Knollys] fell out about baptizing children, receiving of members, burial of the dead; and the contention was so sharp that Knowles and his party rose up and excommunica ted Mr. Larkham and seme that held with him ; and further, Mr. Larkham, flying to the magistrates, Mr. Knowles and Captain Underhill raised arms, and expected help from the Bay, Mr. Knowles going before the troop with a Bible upon a pole's top, and giving forth that their side were Scots and the English. Whereupon the gentlemen of Sir P. Gorges' planta tion came in, and kept court with the magistrates of Piscata qua, who have also a patent, being weak of themselves, and they fined all those that were in arms fer a riot, by indictment, 124 NEW-HAMPSHIRE. jury and verdict, formally ; nine ef them were censured te be whipped, but that was spared; Mr. Knowles and the Captain, their leaders, were fined 100 pounds apiece, which they were net able to pay." Seen*after (in 1640), Mr. Knolles left the scene of confusion, and in 1641, Mr. Larkham left to avoid the shame of a scan dalous sin it was found he had comraitted.* Of Capt. Underhill, Belknap says, p. 26, "Having fin ished his career in these parts, he obtained leave to return to Boston, and finding honesty to be the best policy, did, in a large assembly, at a public lecture, and during the sitting of the court, make a full confession of his adultery and hypocrisy, his pride and contempt of authority, justi fying the church and court in all they had done against him, declaring that his pretended assurance had failed him, and that the terror of his mind had at times been so great that he had drawn his sword to put an end to his life. The church being now satisfied, restored him to their communion. The Court, after waiting six months for evidence of his good behaviour, took off" his sentence of banishment, and released him from the punishment o * Winth. 2, p. 110. " Mr. Larkham, of Northam, alias Dover, suddenly discovering a purpose to go to England, and fearing to be dissuaded by his people, gave them his faithful promise not to go, but yet soon after he got on ship board, and so departed. It was time for him to be gone, for not long after, a widow, which kept in his house, being a very handsome wo man, and about 50 years of age, proved to be with child, and being exam ined, at first refused to confess the father, but in the end she laid it to Mr. Larkham. Upon this the church of Dover looked out for another elder, and wrote to the elders to desire their help." Savage says, Winth. 2, p- 32: " Notwithstanding the suspicious case there introduced, Larkham is reported, in his later years, ' as well known for a man of great piety and sincerity' in England, when ejected under the statute of 1662. He died, aged 68, in 1669." Savage also says, Winth. 1, p. 351 : " Hanserd Knollys is a name of considerable repute among the early Baptists in England. His reputation was so much improved in his latter days, that Mather calls him godly, and assures us he died a good man in old age." " In our times, an Association in England, of the Baptist communion, honors the confessor by adopting the title of the Hanserd Ktiollys' Society." Gen. Die. DOVER. 125 his adultery ; the law which made it capital, having been enacted after the crime was committed, could not touch his life. Some offers being made him by the Dutch at Hudson's river, whose language was familiar to him, the church of Boston hired a vessel to transport him and his family thither, furnishing them with all necessaries for the voyage. The Dutch governor gave bim the command of an hundred and twenty men, and he was very service able in the wars which that colony had with the Indians, having, it is said, killed one hundred and fifty on Long Island."* Dr. Belknap says, 1640, "The people of Dover and Portsmouth, during all this time, had no power of govern ment delegated from the crown ; but finding the necessity of some more determinate form than they had yet enjoy ed, combined themselves each into a body politic after the example of their neighbors at Exeter.f The inhabitants of Dover, by a written instrument, signed by 41 persons, agreed to submit to the laws of England, and such others as should be enacted by the majority of their nuraber until the royal pleasure should be known." *See also a note by Dr. Earmer, Belk., p. 27. Capt. Underhill resided awhile at Stamford, Conn., and was delegate to the Court at New-Haven, 1643. He afterward resided at Oyster Bay, L. I., and was delegate from that town to the Assembly holden at Hampstead, 1665. While he resided among the Dutch, Capt. Underbill's name was sometimes written Van der Hill and Onderhill. In May 20th, 1653, he drew up and signed, with others, a " vindication," or what might be termed a Declaration of War, against Governor Peter Stuyvesant. "Vindication of Captain John Onde- hill, in the name of as many of the Dutch and English as the matter con cerns, which justly impels us to renounce the iniquitous government of Peter Stuyvesant over the inhabitants living and dwelling on Long Island in America." The whole, published in Vol. Ill, p. 151, Col. Hist. N. Y. " In 1667, the Matinecoc Indians gave hira 150 acres of land, which has remained in his family ever since. It is supposed he died at Oyster Bay in 1672. Most of his posterity have changed the warlike habiliments of their ancestor for the Quaker habit." t See Combination at Exeter, 1639. 126 NEW-HAMPSHIRE. Hubbard says, 2 Mass. Hist. Coll., Vol. 5, p. 222. The form of which Combination among themselves, is after this tenour, as is left upon record. A COMBINATION Of the people of Lover to Establish a Form of Government. Whereas sundry mischiefs and inconveniences have befallen us, and raore and greater may, in regard of want of civil gov ernment, his most gracious Majesty having settled no order fer us to our knowledge : We, whose names are under writ ten, being inhabitants upon the river Piscataqua, have vol untarily agreed to combine ourselves into a body politic, that we may the more comfortably enjoy the benefit ef his Majes ty's laws, together with all such laws as shall be concluded by a major part ef the freemen ef our Society, in case they be not repugnant to the laws ef England, and administered in be half ef his Majesty. And this we have mutually premised and engaged te de, and so continue till his excellent Majesty shall give other orders concerning us. In witness whereof, we have hereunto set our hands, Oct. 22 [1640], in the 16th year ef the reign of our Sovereign Lord Charles, by the grace ef God, King of Great Britain, France and Ireland, de fender ef the faith, &c. Thomas Larkham, Eichard Waldron, William Waldron, With 38 more. See, also, N. H. Hist. Coll., Vol. I, p. S22. [The names of these 38 can not now be found.] Letter from the inhabitants of Lover to the Governor of Massa. chusetts.* Northam, 4, 1 month (1.40). Honored Sir : We, the Inhabitants of Northam, make beuld to trouble you with these few lynes, certifyinge you that * The letter which follows is copied from Potter's Hist, of Manchester, p. 107. The original is said to be in the hands of J. Wingate Thornton, Esq., of Boston. DOVER. 127 whereas wee suppose Captaine Underhill hath informed you and the rest of your brethren ef the Matechuseth baye, that wee are all willinge, voluntarily to submit ourselves te your Government upon fformer articles propounded; truth it is wee doe very well apreve of your judicious wayes, and shall be very joyful, yu please God to enlarge us, that wee may be free from other ingagements and premises weh some of us are obliged in to the owners or patentees, from whom under his Mat's Letter Patents we enjoy our free liberty, weh causeth us not for present to submit to any other government than that weh wee have already entered into combination to ob serve according to the King's Mat's lawes, until such time as the owners come over to us, weh we suppose will be about three months hence, and then our prpositions considered as the Lord shall direct us, we will labor more to satisfy you. But fer the proceedings of Captain Underhill seeking to underrayne us, and contrary to his oath and fidellyty as we suppose intrusted te him, hath went from house te house, and fer his own ends, by flattery and threatening gotten sorae hands to a note of their willingness to submitt themselves under your govern ment, and some that have ne habitation to bring his purposes to pass ; we doubt not but you are well acquainted with his stratagems in plotting his owne designe weh wee refer te your grave iudgments. Seme ef those that subscribed te his note have this day utterly prtested against their own act, for he hath raysed such a mutinie amongst us weh if we take not course for the stoping thereof, it may cause the effusion of blood, by reason he hath by his designes privately rent the combination as much as in him lyeth, contrary to his act, that is that wee should continue in the same govmnt except an agreement or cause shewed te the contrary in open court, agreed on by the major p'te, thus much we thought good to acquaynt your wor'p with all beseeching your favourable con struction, hoping you will weigh our case in equity and con science, and net any way te enforce us te any act whereby wee should break prmise or covevant wth the patentees or amongst ourselves whchin soe doinge we should sinne greatly. 128 NEW-HAMPSHIRE. Wee heartyly desire your prayers for us, and comit you to the prtection of the Almightye at yer te be comanded. Thom. Larkham, Thos. [mark of T] Layton, Williara Jones, Edward Starbuck, John ffollett, William Pemfrett, Kobert Varney, Williara furbur, Thomas Durston, William Storer, Thomas Eoberts, John [mark ef H] Hall, Samuel haines, Phillip Swadden, Bartholomew Smith, Eichard Waldern, John Dam, Edward Colcord, Barthol'ew [mark off] Hunt, Eobert [sign of E] Huckins, William Waldern, Eichard Pinkcera, John [mark off] Tuttle, Thomas Tricky. henry beck. EXETER. [The settlement in Exeter was begun in 1638, by John Whiblwkight and others, who had been banished from Massachusetts. The antecedents and causes which led to the settlement may be learned from the following historical statements, and extracts from the Massachusetts Colony Records.* Ed.] Winth. Hist. N. E., I, p. 239. " There joined with her [Mrs. Anne Hutchinson] in these opinions, a brother of hers, one Mr. Wheelwright, a silenced minister sometimes in England.^ lb.,. 256, Mar. 9,1636-7. Mr. Wheelwright, one ef the members ef Boston, preaching at the last fast, inveighed against all that walked in a covenant of works, as he described it te be, viz., such as maintain Sanc tification as an evidence of justification, &c. Fer this he was called into the court, and his sermon being produced, he justi fied it, and confessed he did mean all that walk in such a way. Whereupon the rest ef the churches were called and asked whether they, in their ministry, did walk in such a way. * Por a portion of these the Editor is greatly indebted to the careful re search of Hon. S. D. Bell, of Manchester. f " A just estimate of this distinguished gentleman may readily be form ed from the pages of this History, and the volumes of Hutchinson and Elliott. His long life afforded him a triumph over the injustice of intolerance, which attempted hardly any other cure for his errors than banishment." Sa-tage, Winth. Hist., I., p. 239, note. EXETER. 129 They all acknowledged that they did. So after much debate the court adjudged him guilty of sedition, and also of con tempt, for that the court had appointed the fast as a means of reconciliation of the differences, etc., and he purposely set himself to kindle and increase them. The governer and some few more who dissented, tendered a protestation, which, be cause it wholly justified Mr. Wheelwright and condemned the proceedings of the court, was rejected. * * The court de ferred sentence till the next court. Winth. H. of N. E. 250. 1, 9, 1636-7. It was concluded by the court that Mr. Wheelwright was guilty of contempt and sedition. Bee. of Mass. Gen. Ct. 189. Nov. 2, 1637. . Mr. John Wheelwright, being formerly con victed of contempt and sedition, and now justifying himself and his former practice, being te the disturbance of the civil peace, he is by the court disfranchised and banished, having 14 days to settle his affairs ; and if within that time hee de part not the patent, he promiseth to render himself to Mr. Stoughton, at his house, te bee kept till hee bee disposed ef, and Mr. Hof * * undertook to satisfy any charge that he, Mr. Stoughton, or the country sheuld be at. lb. 207. 1687, 9, 1. Though Mr. Wheelwright and those ef his party had been clearly confuted and confounded in the assembly, yet they persisted in their opinions, and were as busy in nour ishing contentions, the principal of them, as before. Where upon the General Court being assembled in the second of the 9th month, and finding, upon consultation, that two se opposite parties could not continue in the same body without apparent hazard opinion to the whole, agreed to send away some of the principal ; and for this a fair opportunity was offered by the remonstrance or petition, which they preferred to the court the 9th of the 1st month, wherein they affirm Mr. Wheelwright to be innocent, and that the court had condemn ed the truth of Christ, with divers others, scandalous and seditious (as appears at large in the proceedings of this court, which were faithfully collected and published soon after the court brake up), subscribed by more than sixty of that fac tion. Winth. Hist. N. E. 292. 9 130 NEW-HAMPSHIRE. November 15, 1637. Capt. Underhill being convented for having his hand to the seditious writing, is disfranchised and put from the captainB place. Bee. of Mass. Gen. Ct. 208. Of the seditious writing referred te. Gov. Winthrop, Hist, of N. B. 256, gives this account : 1, 9, 1637. At this court when Mr. Wheelwright was to be questioned fer a sermon which seemed to tend to sedition etc., near all the church ef Boston presented a petition to the court for two things : (1) That as freemen they might be present in cases of judicature; (2) That the court would declare if they might deal in cases of conscience before the church, etc. This was taken as a groundless and presumptuous act, especially at this season, and was rejected. lb. 295. The court also called Capt. Underhill and some five or six mere of the principal [signers of the petition in favor of Wheelwright], whose hands were to the said petition, and be cause they stood to justify it they were disfranchised, and such as had public places, were put from them. The court also ordered that the rest who had subscribed the petition (and would not acknowledge their fault, and which nearly twenty ef them did) and some others who had been chiefstines in their contentions, &c., sheuld be disarmed. This troubled seme of them very much, especially because they were to bring them in themselves, but at last, when they saw no remedy they obeyed. lb. Noveraber 20, 1637. Whereas the opinions and revelations of Mr. Wheelwright and Mrs. Hutchinson have seduced and led into dangerous errors, many of the people here in New- England, insomuch as there is just cause ef suspicion that they, as others in Germany in former times, may, upon some revelation, make seme suddaine irruption upon those that differ from them in judgment ; for prevention whereof it is ordered that all those whose naraes are underwritten shall (upon warn ing given or left at their dwelling-houses), before the 30th day of this month ef Noveraber, deliver in at Mr. Cane's house, at Boston, all such guns, pistols, swords, powder, shot and match, as they shall be owners ef er have in their custody, upon pain of ten pound fer every default to be made thereof; which arms are to be kept by Mr. Cane till this court shall take fur- EXETER. 131 ther order therein. And it is ordered upon a like penalty of X.I that no man who is to render his arms by this order shall buy, or borrow any guns, swords, pistols, powder, shot or match, until this court shall take further order therein. The names ef Boston men to be disarmed. Capt. John Underhill, Willi Wardell, Hugh Gunnison, Boxbury men, Henry Elkins, Eichard Morris, Willi Wilson, Eichard Bulgar, Isaac Grosse, Charlestown men, Jacob Elliott, George Bunker. Thomas Wardell, Bee. of Mass. Gen. Ct. 211. Note. Only the names of those who then or subsequently are supposed to have removed to New-Hampshire are copied. The whole number of disarmed in Boston was 58, — in all 75. 1639 (14), 13. Those who went to the falls of Pascataquack gathered a church, and wrote our church to desire us to dismiss Mr. Wheelwright te them fer an officer; but because he desired it not himself, the elders did not propound it. Soon after came his own letters with theirs for his dismission, which thereupon was granted. Others also (upon their request) were also dis mist thither. lb. 338. EXETEE COMBESTATIOlsr, 1639. [Copy by the Editor, from the old Eecords of Exeter, Vol. I, p. 7.] Whereas a certen combination was made by us, the brethren of the Church of Exeter, with the rest of the In habitants, bearing date Mon., 5th d., 4, 1639, virfi after wards, upon the instant request of some of the brethren, was altered, & put into such a forme of wordes, wherein howsoever we doe acknowledge the King's Majesty our dread Sovereigne & ourselves his subjects: yet some ex pressions are contained therein wh may seeme to admit of such a sence as somewhat derogates from that due Alle giance wh we owe to his Highnesse, quite contrary to our true intents and meanings : We therefore doe revoke, dis- 132 NEW-HAMPSHIRE. annull, make voyd and frustrate the said latter combina tion, as if it never had beene done, and doe ratify, con firme and establish the former, wh wee onely stand unto as being in force & virtue, the wh for substance is here set downe in mannel- and form following. Mon., 2d d., 2, 1640. Whereas it hath pleased the lord to moue the heart of our Dread Soveraigne Charles, by the grace of God, King of England, Scotland, France & Ireland, to grant license & liberty to sundry of his subjects to plant themselves in the westerne partes of America : Wee, his loyall subjects, brethren of the church of Exeter, situate & lying upon the river of Piscataquacke, wh other inhabitants there, considering wth ourselves the holy will of god and our owne necessity, that we should not live whout wholsome lawes & government amongst us, of weh we are altogether destitute; doe in the name of Christ & in the sight of God combine ourselves together, to erect & set up amongst us such government as shall be to our best dis cerning, agreeable to the will of god, professing ourselves subjects to our Sovereign Lord King Charles, according to the libertys of our English Colony of the Massachusetts & binding ourselves solemnely by the grace & helpe of Christ & in his name & fear to submit ourselves to such godly & christian laws as are established in the realme of England to our best knowledge, & to all other such lawes weh shall upon good grounds, be made & inacted amongst us according to God, yt we may live quietly & peacea- blely together, in all godliness and honesty. Mon., 5th d., 4th, 1639. John Whelewright,* Thomas Wight, Augustin Storre, William Wantworth, * The foregoing paper seems to be in the hand-writing of John Whele wright, whose name is signed flrst. Ed. EXETEE. 133 Henry Elkins, his mark. George X Walton, Samuel Walker, Thomas Pettit, Henry Roby, Willia' Wenbourn, his mark. Thomas X Crawley, Chr. Helme, his mark. Darby X Ffield, his mark. Robert X Eeid, Edward Rishvorth, his mark. Ffrancis X Matthews, RallfHall, his mark. Robert X Soward, Richard Bullgar, Christopher Lawson, his mark. George X Barlow, Richard Morris, Mcholis ITeedham, Thomas Willson, his mark. George X Ruobon,* his mark. William X Coole, his mark. James X Walles,t Thomas Levvit, Edmond Littlefield, his mark. John X Crame, his mark. Godfrie X dearborne, Philamon Pormort, Thomas Wardell, _^^ his marie. William X Wardell, his mark. Robert X Smith. The following are the forms of oath taken by the Elders and the people : The Elders or Rulers Oath. You shall swear by the great and dreadful Name of the High God, Maker and Governor of Heaven and earth and by the Lord Jesus Christ, the Prince of the Kings and rulers of the earth, that in his Name and fear you will rule and govern his people according to the righteous will of God, ministering justice and judgment on the workers of iniquite, and ministering due incouragement and countenance to well doers, protecting of the people so far as in you lieth, by the help of God from foreigne annoy ance and inward desturbance, that they may live a quiet and peacabble life in all godliness and honesty. So God be helpful and gracious to you and yours in Christ Jesus. * Eawbone ? ¦j- This name is very obscure. Belknap has it James Wall. It might be called Mathes ; Judge Bell reads it as above, Walles. Subsequent records show it was meant for WaU, 134 NEW-HAMPSHIRE. The Oath of the People. We do swear by the Great and dreadful Name of the High God, Maker and Governor of heaven and earth, and by the Lord Jesus Christ, the King and Saviour of his people, that in his Name and fear, we will submit our selves to be ruled and governed according to the will and word of God, and such wholsome laws and ordinances as shall be derived* therefrom by our honored Rulers and the lawful assistants, with the consent of the people, and that we will be ready to assist them by the help of God, in the administration of justice and preservation of the peace, with our bodies and goods and best endeavors according to God. So God protect and save us and ours in Jesus Christ. Indian Deeds to Wheelwright and others, April, 1638. Know all men by these presents that I, Wehanownowit Sagamore of Piscataquacke, for good considerations me there unto moving and for certain commoditys which I have re ceived have granted and sould unto John Whelewright of Pis cataquacke, Samuel Hutchinson and Augustus Ster of Boston, Edward Calcerd and Darby Field of Piscataquake, and John Campton of Eoxbury, and Nicholas Needome of Mount Wall- osten, all the right, title and interest in all such lands weeds meadows rivers brookes springs as ef right belongs unto me from Merrimack Eiver te the Patents of Piscatoquake, bounded with the south east of Piscatoquake patents and so to go into the country North west thirty miles as far as the east line, to have and to hold the sarae te them and their heirs forever, only the ground which is broken up is excepted and that it shall be lawful for the said Sagamore to hunt and fish and fowl in the said limits. * Directed 9 Belknap has the word derived. Hon. C. H. Bell, of Exeter, thinks the true reading is " directed." EXETER. 135 In witness whereof I have hereunto set my hand the 3d day of April, 1638, signed and possession given. These being present James^Oornall James ^ his mark Wehanownowit, his mrke. His— W C— mrke William Cole His I mrke Lawrence Cowpland Know all men by these presents y" I Wehanownowit Saga- mere of Passcataquke for a certain sum of money to me in hand payd and other merchantable commodities which I have reed as likewise for other good causes and considerations me y' unto specially moving have graunted barganed alienated and sould unto John Wheelwright of Piscataqua and Augustine Storr ef Boston all these lands woods meadows marshes rivers brooks springs with all the appurtenances emolu ments pfitts comodyts thereunto belonging lying and situate within three miles on the Northern side ef y" river Meremake extending thirty miles along by the river from the seaside and from the said river side te Piscataqua patents thirty miles up into the country Northwest and so from ffalls of Piscataqua to Oyster river, thirty miles square every way, to have and to hould the same to them and y' heirs forever only the ground which is broken up is excepted and it shall be lawful fer y"' said Sagamore to hunt fish and fowle in the said lymits. In witness wrof I have hereunto sett my hand and scale the third day of April 1638. Wehanownowit, his mrke. TuMMADOCKVON, his mrke. the Sagamores son Signed sealed and delivered and possession given in the presence of ' Sameb f his mrk Espamabeugh J his mrke Edward Colcord Nicholas Needham William Ffurbur 136 NEW-HAMPSHIRE. Endorsed. Knew all men by these present that I Watchanowet doe fully consent to the grant within written, and do yield up all right in the said purchased lands to the prtys w'in -srt-itten. In witness whereof I have hereunto set my hand the tenth day of April, 1639. I do likewise- grant unto them for goode consideration all the meadows and grounds extending for the space of one English mile on the east side of Oyster river. April 10, 1639. These being present his mrke. Je : Underhill Watchanowet. Darby Ffield § his mrke. These instruments are printed from Vol. I, N. H. His. Soc. Coll. 147, where they are prefaced by the following note, prob ably by the publishing committee. " The following deeds were communicated by Alden Brad ford, Esq., late Secretary of the Commonwealth of Massachu setts, te the Editor of the Portsmouth Journal, and published in that paper November 22, 1823. They have the appearance of being ancient, but whether copies or originals, er whether genuine or net, we are unable to determine." Note. 2 N. H. His. Sec. Coll. 138. " Sameb," one of the In dian witnesses, 2d deed, p. 149, ought te have been "James;" and "Edward Calcerd" should have been "Edward Colcord." Testimony relating to Wheelwright's purchase of the Indians. I, John Wheelwright, pastor ef the church ef Salisbury, doe testify that when I, with others, came te set down at Exeter, we purchased ef the Indians, te whom (so far as we could learn) the right did belong, a certain tract of land about thirty miles square to run from Merriraack river eastward, and so up into the country, of w'ch lands we had a graunt in writing) signed by the[m], John Wheelwright. April 15, 1668. Mr. Edward Colcord, testifieth to all above written, and further saith that one northerly bound mentioned in our agree- EXETER. 137 ment with Wehannownowit, the chief Sagamore was the west erly part of Oyster Eiver, called by the Indians, Shankhassick weh is about foure miles northerly beyond Lamperiele Eiver. We, the aforesaid witnesses, doe further testify y' they of the town of Exeter, did dispose of and pessesse divers parcels of land about Lampreel Eiver by virtue of sd Indian right before such time as it was actually taken in by the Jurisdiction of the Massachusetts without interruption of Dover or any other. Mr. Samuel Dudley doth testify that he did see the agreemt in writing between the town of Exeter and the Sagamores for that land which is above mentioned and the said Saga- mere's hands to the same. Sworn before the Court y" 14th, 2d mo. 1668. Thomas Bradbery, Rec. Mr. Farmer says : 2 N. H. His. Soc. Coll. 137. " William Gibbs, Esq., ef Salem, Massachusetts, has lately communicated to me the testimony of Eev. John Wheelwright and Edward Colcord, two of the orginal grantees named in the deed re specting the grant they obtained from the Indians when they ' first sat down at Exeter,' in 1638. This testimony is of un- doubtecJ authority, being copied from a paper filed in the records of the ancient Norfolk County Court and attested by the Eecorder." Exeter First Book of Becords. [The first leaves are a part of an old account book. The volume seems to have been so used before its purchase for a Eecord Book. The accounts relate to Dorchester. The volume is not paged.] [Transcribed by Hon. S. D. Bell.] Certaine Orders made at the Courte holden in Exeter, the ith day of the first week in the Wth month, 1639. Imprimis. That Mr. Edward Hilton, his upland grounds is bounded in breadth from the creek next from his house to wards Exeter en the one side, and a certain point ef land over against Captain Wiggins his house between the marsh and the upland that's his bounds on the other side, and it is to extend 138 NEW-HAMPSHIRE. into the main by the same distance in length as it is in breadth, and that he shall have all the meadowes which he found unoc cupied from his house to the mouth of Lamprel Eiver. 2dly. That all the meadowes that belenge unto the town ef Exeter laying between the Town and Mr. Hilton's house, as likewise the meadows from Lamprill Eiver unto the head of the little bay, shall be equally divided into four parts, whereof the 4th part shall be divided by let to such of the inhabitants of the town of Exeter as have ne cattle er fower [four] goates, and the profit of the hay which grows thereupon shall be divid ed among those that have the ether parts, until such time as they have cattle of their own, er till they sell the ground to those that have cattle. 3dly. That the three other parts shall be equally divided among those that have cattle, to each head ef cattle their pro portion te be divided to each of them by lot — which divisions are to be made betwixt this and the next Court. 4thly. That all the inhabitants of the towne of Exeter shall [have] their uplands letts fer planting laid outt by the Eiver between stony creeke and the creeke en this side of Mr. Hil ton's, according te the number of persons and cattle, in equal proportion, no proportions te be divided te thera by lott, ex cept such persons as live en the other side of the Eiver; and Will. Hilton and goedm. Smart who are te have the lets en the other side of the river where the town shall be thought most convenient, by the Euler Needam and Mr. Starre deputed te this purpose. 5thly. That whosoever shall carry themselves disorderly or irreverently in the Court towards the magistrates er in their presence, shall be liable to such a censure as the Court shall think meet. The first day ef the 8th me. 1640. It is ordered and agreed upon by the inhabitants of the towne ef Exeter, that none shall fell any eke timber within half a mile of this part of the town, except it be upon their planting lett, or fer building er fencing, upon the penalty of each tree five shillings. EXETER. 139 Orders made by the Court at Exeter, the 6th day of the 12 mo. 1639. That no man shall set fire upon the woods to the destroying of the feed for the cattle or the doing of any other hurt, under paine of paying the damage that shall issue thereby, after the middle of the 2d raonth. That every man shall fall such trees as are in his lott being offensive to any other. And if after due warning any shall re fuse, to pay half a crewne for every tree that is se offensive. That every action that is tried, the party that is cast in it shall pay to the jury four shillings. Orders made by the Court held at Exeter the 6 day of the 1 mo"'- That no wines or strong water shall be sold by retail te the English but by Thomas Wardle. It is ordered that whosoever shall dig a sawpit and shall not fill it or cover it, shall be liable to pay the damages that shall come to man or beast thereby. It is ordered that all the swine that is not carried down the river by the 4 day ef the 2d month, the owner shall be liable to pay the damage that befall any thereby. That all grounds, woods, and such priviliges as appertain to the town, such inhabitants as have their lots small or great in the bounds of the town, shall be liable to pay such cemon charges as the town sball be at, according to their proportion of ground, cattle or other privileges they doe injoy in the town, present or absent. It is further ordered that every man that is an inhabitant in the town shall have free liberty te trade with the Indians in anything except it be powder, shot, or any warlike weapons, or sacke er other strong waters according to the former order, and as for prices of what corn there shall be traided with them, shall not exceed four shillings the bushell. It is here recorded that Anthony Stanyon hath satisfied the Cert concerning the offence given by him te our Euler Ned- ham. 140 NEW-HAMPSHIRE. An Order and Law. It is enacted for a law, constituted, made and consented unto by the whole assembly, at the Court solemnly met together in Exeter the 9 day of the 2 month, Ano. 1640, That if any person or persons shall plot or practise either by combination or otherwise, the betrayinge ef the contry er any principal part thereof into the hands ef any foreign State, Spanish, Dutch er French, contrary to the allegiance we pro fess and owe to our dread soverign lord King Charles his heirs and successors, it being his majesties pleasure te protect us his loyal subjects, shall be punished with death. If any person or persons shall plot er practise treacherye, treason, or rebellion, or shall revile his majesty the Lord's Anointed, contrary to the allegiance we professe and ewe to our dread sovereign Lord King Charles his heirs and succes sors (ut supra) shall be punished with death. Numb. 16. Exo. 22, 28. 1 Kings, 2, 8, 9, 44. Orders made by the Court at Exeter holden the second day me"' 9, 1640. Imp. That Edward Eistwerth is chosen by order of Court to be secretary te the Court to look to the Book and to enter all such actions are brought and to havo 12d. laid down at the en tering every action. 2dly. It is likewise agreed upon that the lands that are laid out according te the former order both for their butting, bounding and proportion, are now confirmed and ratified in the Court Eewles. 3dly. It is a law made that if other person or persons shall by any means draw sides te make ceraetions or seditions in these our jurisdictions, he shall pay ten pounds and stand lia ble te the further order of the court. 4thly. It is agreed upon that the miller shall take for his wayt? and towle 5 lb ? ef meal and whatever is wanting raore is te be made good by him, and he to stand liable to the Courts censure upon just and sufiScient testimonj to the same. EXETER. 141 5thly. It is agreed that all pitts and holes are te be filled up and trees removed which lye near the way, within a fort nights time, or else they are to pay 10s. and be liable to the censure of the Court. 6thly. That all creekes are free, only he that makes a weare therein is to have in the first place the benefit ef it in fishing time, and so others may set a ware either above or be low and enjoy the same liberty. It is agreed by the Inhabitants of Exeter, that every man shall fence, the next spring, a general fence, every man an equal proportion, according to the quantity of ground lying within the fence, by the middle of the second month, which will be 1641 : and what damage can bee made appear for want of a sufficient fence, he that does it is to make it good, and if the said fence be net sett up at the day appointed, every day after, he that is behind hand, herein shall pay five shillings a day. Orders made and agreed upon at Exeter, holden this 3d day month 12th, 1640. It is agreed upon that Mr. William Hilton is to enjoy those marshes in Oyster Eiver which formerly he had possession of and still are in his possession, and the other marsh which Mr. Gibbins doth wrongfully detain from him with the rest of these marshes which formerly he hath made use of so far forth as they may be fer the public good of this plantation; And so much of the upland adjoining to them as shall be thought con venient by the neighborhood of Oyster Eiver, which are be longing to this body. It is further agreed upon the former agreement, that every one shall fence his proportion ef ground, and if any refuse, whosoever will fence it shall have the use of it till they be fully satisfied, if it be old ground, and if it be new he shall have it for his pains. Whereas it was formerly agreed upon in general that all the town should generally fence, and when they came to fence, particularly others, should do as much for them in fencing as they did for their outsides, which upon further consideration is not thought equal, therefore now it is agreed that when we 142 NEW-HAMPSHIRE. come to fence in particular, that it may be put to the consider ation of two indifferent raen what their fence was worth, by those which fenced; the outside is to be made good unto them again by such as it appertains te. It is likewise agreed that whoever buys the Indian Ground by way of purchase, is to tender it first te the town before they are te make proper use of it in particular to themselves. Orders made by the Court at Exeter, month first, day the 12th, 1640. Imprimis. Whereas the highways, by virtue of a former order, were to be in breadth 3 pole at the least, yet notwith standing they are straightened in divers places, we do there fore here again order that they should be rectified and made the full breadth as aforesaid, betwixt this and the middle of the second month, which shall be in the year of our Lord 1642, and also such ground as is taken in contrary te order to be rec tified within the said time. Orders made by the Court at Exeter, d. 30, mo. first, 1641. It is agreed upon that all the swine above J a year old and upwards, are to be sent down into the great bay by the 10th day of the second month, and- what swine are found in the town after that time, above that age, what hurt they do in a sufficient fense, their owners are to make it good. It is further agreed that according to former orders, that all are te have their fences finished ef their heme lots, by the mid dle of the next month, or otherwise to stand the perill that may ensue. It is agreed that none but inhabitants of the towne shall plant within the towns liberties without their consent. Whereas, the freemen ef Exeter have made choice of Mr. Eichard Bullgar to be Leftenant of the band of soulgers in Exeter and presented to the Court holden at Exeter, d. 30, m. five, 1641, 1, the ruler of said plantation, do ratify and confirm the said choice, and do further grant that the said Mr. Eichard Bullgar shall be installed and confirmed Leftenant by the free men, the next training day. Nicholas Needham. EXETER. 143 An order made by [the Court] at Exeter, d. 10th, m. 4th 1641. ' It is ordered that Goodman , shall allow the Indians one bushell of corn fer their labor per , which was spent by them in re-planting of that corne of theirs which was spoil ed by his corne, and he is to make up their losse at harvest, according as that corne may be judged worse than their corne which was new hurt. Whereas the freemen of Exeter have made choice of Thom as Wardell to be Sargeant of the band ef Souldiers in Exeter, and presented to the Court holden at Exeter, d. 30, month first, 1641, 1, the ruler of the said plantation, do confirm the said choice, & do rant that the Thomas Wardell shall be in stalled by the the next training day. Nicholas Needam. An order made at the Court at Exeter, the last day of June, 1641. It is agreed upon that thar shall be none accusations dvulg- ed or spread abroad, of any person or persons, but what there be proved by the mouth ef two or three witnesses, fer they that shall so do shall be liable to the Court censure ; this is not in point of damages but in point of slander in a mans good name. Court at Exeter, m* .5, d. 10th, 1642. The censure of the Court against Thomas Wright, for con- temtuous or carriage and speeches against both the Court and the magistrate, for which he is to be fined 20s., and to pay all Court charges besides, and his liberty is to be taken away, as he is a freeman. It is agreed that all manner of cattle are to have keepers a days, and are to be looke to at night & kept up ; if any dam age come to any, answerable satisfaction must be made. It is further ordered by the Court, 6 d., 3 men., 1643, that Thomas Wardell, William Winberne, Samuel Walker and Eob ert Eeade, shall have hberty and authority te search the house or houses of any person within this jurisdiction, and to take into their custody [and make] sale of any such corne as they shall find in them which is more than the party or parties shall 144 NEW-HAMPSHIRE. have need ef for their own families till harvest next ; and pro vided that the parties above named make good pay fer the said corn and as good a price as it is generally sold for in the River, and these parties to dispose of such corne sold by them, unto such peer people as stand in most need of it, fer the best pay they can make, and at the same price which the parties above named buy it at. At the Court holden at Exeter the 20th of the 8th month, 1642, Mr. Needham resigneth up his office of being ruler, and by the choise and approbation • of the body of the towne, Mr. Thoraas Wilson is established Ruler. John Legate is chosen by the court to be Secretary to the Court, to keepe the boeke and te enter all such actions as are brought and to have 12d. laid down at the entry of every action. At the court holden at Exeter, the 7th day of the 9th mo. 1642. Our honored Euler, Mr. Thomas Wilson, doth give his ap probation and confirms all those wholesome laws and orders which are here recorded, which were made in the tirae that BIr. Needham was ruler. At the court holden the 5th of the 7th mo. 43, Christopher Lawson binds hiraself in the sum of ten pounds sterling unto the country te answer a presentment brought against hira for extortion by Williara Cole, Tho. Wright, James Wall, WilUam Wentworth and Tho. Pettit, and this te be answered by him at the next court vrhich shall be holden for Exeter either here or elsewhere. Corne spoyled by swine, it is ordered that James Wall shall have allowed te him 3 bushels of corn, George Eabene 3 bush els, Tho. Wright 1 bushell and a half, George Bartow 1 bushel, te be paid by John Bursley fer leaving open a cart gapp, or by whom he can prove hath left it open, or hath been the cause of the leaving it open. It is ordered that WilUam Cole, Tho. Wiet and Tho. Wardell EXETER. 145 shall pay unto Saml. Walker, Hen : Roby ¦ and Tho. Pettit, either of thera a peck of corne fer harm done to them by swine. It is further ordered at the court holden the 5th of the 7th mo., 1643, that The. Biggs shall pay unto the Sagamore for taking away his net and hurting of it 5s. It is further ordered that The. Biggs shall be whipt 6 stripes for taking away a scythe of Capt. Wiggens and other petty larcenies. It is ordered that Will Cole and Rebt. Smith shaU oversee the farmes about the town and give warning to them whose fences are defective, and if they be not amended, the owners thereof to pay for any hurt is done through those fences. At a town meeting, the 6th ef the 2d mo., 1645. At the meeting aforesaid, it is unanimously agreed upon that Edward Colcord, of Hampton, according to his desire made known unto us, is received an inhabitant among us, and there is given unto him for his accommodation, an Island lying between Lamprell River falls and Oyster Eiver falls, with a large peice of meadow lying near the feet path to Oyster river, not far from the said island ; and as much upland ad joining to the said meadow as may make it up one hundred acres, all which said lands and meadows we do give unto the said Edward, granting him as full title te it, as we may or can give him by virtue ef our first purchase of those lands. [Town meetings last of 10 mo., 1645, 5th of 12 mo., 1^645, and 25th 3 mo., 1646.] Edward Hilton and Thomas King to purchase Mr. Wheelwright's house and land fer Mr. Nathaniel Norcrosse. A contract of several persons to pay their shares of the pur chase of Mr. Wheelwright's house and land for Mr. Nathaniel Norcrosse, [to wit] Thos. Joanes, Eobert Hethersay, Hum phry Wilson, Abraham Drake, Nicholas Swaine, Eobert Smith, John Cram) Thos. Pettit, Francis Swaine, Anthony Stanyan, Sam. Greenfield, John Smart, James Wall, Henry Eoby, Nathl. Boulter, John Legat. 10 146 NEW-HAMPSHIRE. PIAMPTON. [The beginning of the settlement at Hampton may be learned from the following extracts from Massachusetts Colony Records, and other authentic documents. Hampton was claimed from the flrst to belong to Massachu setts' territory and jurisdiction. Ed.] 1632, 3 October. Mass. Col. Eec, vol. 1, p. 100. Mr.Batche? is required to forbear exercising his guifts as a pastor or teacher publiquely in our pattent, unlesse it be to those hee brought with him, for his contempt of authority, & till some scandles be removed.* 4 March. Vol. 1, p. 103. The Court hath reversed the last act against Mr. Batchel' which restrained him from further gathering a church within this pattent. 1635-6, 3 March. Vol. 1, p. 167. Ordered that there shall be a plantatioii setled at Wennicunnett, & that Mr. Dumer & Mr. John Spencer shaU have power to presse men to builde a howsef forthwith, in seme convenient place, & what money they lay out about it shal be repaid them againe out of the treasury or by those that come to inhabit there. * Kev. Stephen Bachiler, born about 1561, came to Boston in the Wil liam and Francis, 5 June, 1632 ; preached at Lynn ; next year was free man, 6 May,' 1635 ; next year was at Ipswich, but in 1638 went to New bury ; in 1639 to Hampton, whence, in 1641, he was dismissed, and some time after may be heard of at Saco. Finally, in 1653-4, he went back to England, leaving his third wife, Mary, here, who prayed for a divorce in 1656, because he h-ad gone to England and had taken a new wife. Mr. Bachiler's life was full of change and unhappy incidents. He must have been over 70 years of age when he arrived in this country, and about 92 when he returned. He died in 1660, at Hackney, near London. His his tory properly belongs to Lynn and to Hampton. •J- This is the bound house. Its site is in Seabrook ; is nearly half a mile north of the present line of Massachusetts, three miles north of the Mer rimack. Its erection could be claimed either as an actual taking posses sion and occupation of the land more than three miles north of the Mer rimack, or as a claim that their line extended to that point as events might render expedient, and it was doubtless so intended. The house was erected soon after. S. D. Bell. HAMPTON. 147 1637, 2 November. Vel. 1, p. 206. The inhabitants of Newe- berry having bene moved to leave their plantation, they have granted them Winnacunnet, or any other plantation upon Merrimack, below the first falls, & to have sixe miles square, & these that are now inhabitants, & shall remove within one yeare, shall have three years imunity (as Concord hath), the three years begining the first of the first month next. 1638, 1 mo. Another plantation was begun upon the north side, ef Merrimack, called Sarisburj'- (now Colchester), another at Winnicawett, called Hampton, which gave occasion te some difference between us and some of Pascataquack, which grew thus : Mr. Wheelwright, being banished from us gathered a company and sat down by the falls ef Pascataquack and called their town Exeter, and for their enlargement they dealt with an Indian there and bought of him Winnicawett, &c., and then wrote to us what they had done and that they intended to lot out all their lands into farms, except we could shew a better title. They wrote also to these whom we had sent to plant Winnicowett, te have them desist, &c. These letters coming to the General Court, they returned answer, that they looked at this their dealing as against good neighborhood, religion and common honesty ; that knowing we claimed Winnicowett as within our patent, or as vacuum domicilium, and had taken possession thereof by building an house there above two years since, they should new go and purchase an unknown title and then come to [inquire, deny] of our right. It was iii the same letter also manifestly proved that the Indians having only a natural right to so much land as they had or could improve, so the rest of the country lay open to any that could and would improve it, as by the said letter more at large doth appear. Winth. His. of N. E. 348. [See Boulter and Redman's deposition, ante.] Under date 1639, 15, no month, perhaps June, the Court of Elections was held which was usually in May. '' Those ef Exeter replied to our answers, standing still to maintain the Indians right and their interest thereby. But in the mean 148 NEW-HAMPSHIRE. time we sent men to discover Merrimack and found some part of it about Pencook te lie more northerly than forty-three and a half, so we returned answer to them, that though we would net relinquish our interest by priority of possession for any right they could have from the Indians, yet seeing they had professed not to claim any thing which should fall within our patent, we should look no farther than that in respect of their claim." 1638, 8 June. Vel. 1, p. 231. It is ordered that the magis trates of Ipswich shall have power te discharge Mr. Easen and Mr. Geoffry from building at Winnacunnet, and if they will not take warning, te clear the place ef them. 1638, 6 Septeraber. Vol. 1, p. 236. The court grants that the petitioners, Mr. Steven Bachiler, Christo. Hussey, Mary Hussey, vidua, Thera. Cromwell, Samuel Skullard, John Osgood, John Crosse, Saram. Greenfield, John Molten, Tho. Molten, Willi. Estow, Willi. Palmer, Willi. Sergant, Rich'd Swayn e, Willi. Sanders, Rob't Tucke, with divers others, shall have liberty to begin a plantation at Winnacunnet, and Mr. Bradstreete, Mr. Winthrop, junior, and Mr. Eawson, or some two ef them, are to assist in setting out the place ef the towne, and apportioning the severall quantity ef land to each man, so as nothing shall bee dene therein without alowance from them or two ef them. 1639, 6 June. Vel. 1, p. 259. Winnacunnet is alowed to be a town and hath power te cheese a constable and ether officers, & make orders for the well ordering of their towne & to send a deputy to the court & Christo. Hussey, Willi. Palmer and Eich* Swaine to end all businesses under 20 shs. fer this year, the laying out of land te bee by these expressed in the former order. 1639, 6 June. Vel. 1, p. 261. Mr. WilU. Bartholomew was granted to have fourty shillings fer his journey to Piscataque. 1639, 4 September. Winnacunnet shall bee called Hampton. HAMPTON. 149 1639, 5 November. The Deputy Governor, Mr. E manuell Downing and Capt. Edward Gibens were appointed to treate with the three comittees from the towne ef Dover upon Pis cataque, with whom they did agree and certified the sarae. 1640, 13 May. P. 289. Mr. Edward Woedraan, Mr. Willi. Paine and Mr. Them. Nelson are appointed te viewe and set tle the bounds between Hampton and Colchester and to make returne to the court. P. 291. WilH. Haward is desired as a sergent to exercise the compa at Hampton and John Crosse is appointed surveyor of the armes there. P. 294. A rate for 1200Z, ordered te bee paid at two months. The proportion for the rate agreed upon is, for Hampton £10:00. P. 295. A committee appointed te value horses &c. For Hampton, both Goodman Moultons and Goodman Crosse. 1640, 7 October. P. 302. Wee, whose names ar^ under writ ten according to the order of the General Court, have taken viewe of the bounds ef Hampton & Colchester* according to o' best light, by C discovery and from information of both the townes, wee judge it most equall that the line beginning at Hampton Eyver mouth, running from thence se as to have Mr. Bachiler's farm layde out in Hampton bounds, & from the southertest line of Mr. Bachiler's farm the line to extend westerly between Colcester & Hampton, the same point of the compas that Merrimack Ryver runes from the mouth to the end of Colchester bounds. Thom. Nelson, Willi. Paine, Edward Woodman. Septemb' 24, 1640. * Salisbury. 150 NEW-HAMPSHIRE. P. 307. For te take caption or cognisance, and to make replevies where any magistrate is, hee may do it, but in other townes these after named are appointed. For Hampton, John Moulton. [The following paper, evidently in the hand-writing of Eev. Stephen Bachiler, and drawn up by him, is copied from the first book of records of the town of Hampton, and furnished to the editor, by Joseph Dow, Esq., of that place. The original is much defaced and worn out. The words included in [ ] and underscored are supposed to accord with the original. But [ — ] denote that the manuscript is illegible. Ed.] Memerandu™, y' At the general court holden at Boston the seventh ef the eigth moneth (caUed October) anno 1638 (Mr John Winthrop, Sen' being then governo'). It was granted unto Mr Stephen Bachiler & his company (who were some of them united together by church government) that according te their Petition (then exhibited) they should have a Planta tion at Winnieunnet; & accordingly they were shortly after to enter upon & begin the same ; only the power of manageing the affaires thereof, was not then yeelded to them but comit ted by the Co" to Mr [Bradstreet], Mr John Winthrop, Jun' & Mr Rawson, so as nothing might be done w"'out allowance of them, er two. of them. Afterw"^=, te wit, on the 7th day of the 4th moneth, 1639, Winnieunnet (the Plantation being then in seme forwardnes) was aUowed to be a Towne, & had power to choose a consta ble & other officers, & make orders for the well-ordering ef the Towne, & likewise to send a deputie te the court (at w"" tyme also Mr Christopher Hussey & two other of the freemen there were appointed to end all business under 20s), & respect ing the laying out of land, it was left to the 3 gentlemen ex pressed in the former order. Moreover on the [— ] day of the [— ] moneth, on motion of the then deputies, the power of [disposing of lands'] & of man- ageing all other the affaires ef [the Towne was] comitted to the freemen there, [the names of such] as were then inhabiting here follow, viz : [BIr Stephen Bachiler] (Paster), Mr Timothy Dalton (Teacher), [— ] John Crosse, John Moulton, Willm. HAMPTON. 151 Palmer, Philemon [Balton], Willm. Wakefield, Wm. Eastow, Thomas Moulton, Eichard [Swaine], Eobert Tucke, Eob' San derson, Thomas Jones. And further about the same tyrae the said Plantation (upon Mr Bachilers request made known to the court) was named Hampton.* Of the original or early settlers at Hampton, the foUow- names are found : Stephen Bachiler, Christopher Hussey, Mary Hussey, widow, Thomas Cromwell, Samuel Skullard, John Osgood, Sarauel Greenfield, John Molton, Thomas Molton, "William Estow, William Palmer, William Sargeant, Richard Swayne, William Sanders, Robert Tucke, John Cross. From the files of the ancient county of Norfolk, the late John Farmer, Esq., obtained " A Note of the families in Hampton, the first summer Mr. Bacheler came to Hampton." See Farm. Belk., vol. 1, p. 21, note. John Brown, ~' Mr. Christopher Hussey, Edmund Johnson, ~ Robert Tucke, Thomas Jones, Robert Saunderson, James Davis, Richard Swaine, ^_Samuel Greenfield, Abraham Perkins, " Philemon Dalton, John Huggins, JeofFrey Mingay, — Thomas Moulton, _ John Moulton, * Joseph Dow, Esq., of Hampton, has in preparation a manuscript His tory of that ancient town, which, it is hoped, will soon be published. It will contain records and facts of great value. En. William Palmer, Thomas Marston, William Estowe, Lt. William Hay ward, Isaac Perkins, Francis Peabody, Robert Caswell, John Cross, William Sargent, Arthur Clark. The Second Summer. Hobert Page, William Marston, Joseph Austin, 152 NEW-HAMPSHIRE. .Joseph Smith, Walter Roper, John Philbrick, Henry Ambrose, William English, Widow Parker. Young men thai had lots. William Wakefield, Giles Fuller, William Fifield, William Saunders, Moses Cox, Daniel Hendrick, Thoraas King, John Wedgewood, Anthony Taylor, Thomas Chase, Thomas Ward, William Fuller. The number of families there, says Edward Johnson, was about sixty, and "they have 450 head of cattle." And " for the form of the toune, it is like a flower-de- luce, two streets of houses wheeling off from the maine body thereof; the land is fertile, but filled with swamps and some store of rocks ; the people are about 60 families ; being gathered together into church covenant, they called to office the reverend, grave and gracious Mr. Doulton, having also for some little space of tirae the more ancient Mr. Bacheler to preach unto them also." "The first town meeting," says Mr. Dow (Hist. Ad dress, 25 Dec, 1838), " of which any record remains, was held October 31, 1639. William Wakefield was chosen town clerk. The freemen, instead of proceeding to lay out the township into any definite number of shares, ap pointed a committee, wliose duty it should be, for the space of one year, 'to measure, lay forth, and bound, all such lots as should be granted by the freemen there.' The compensation allowed this committee was twelve shillings for laying out a house-lot, and, in ordinary cases, one penny an acre for all other land they might survey. "A vote was also passed, imposing a fine of one shil ling on each freeman, who, having had due notice of the meeting, should not be at the place designated within half an hour of the time appointed." Every public meeting was to " be opened and closed HAMPTON. 153 with prayer by the moderator, unless one of the ministers was present, upon whom he might call to lead in that exercise." " When any person was to speak in meeting, he was to do it standing, and having his head uncovered. "When an individual was speaking, no other one was allowed to speak without permission ; and no person was to be permitted to speak, at any meeting, more than twice, or three times at raost, ou the same subject. "When any article of business bad been proposed, it was to be disposed of before any other business could be introduced. "Penalties were to be exacted for every violation of any of these rules." In making grants of lands, "respect was had, partly to estates, partly to charges, and partly to other things;" hence " the principal men in the town, received grants of the largest tracts of land." "It was voted that no raanner of person should corae into the town as an inhabitant, without the consent of the town, under the penalty of twenty shillings per week, unless he give satisfactory security to the town." 10th Dec, 1639. " Liberty is given to William Fuller, of Ipswich, upon request, to corae and sit down here as a planter and smith, in case he bring a certificate of appro bation from the elders." 8th, 10th mon., 1662. "It is acted and ordered, that henceforth no man shall be judged an inhabitant in this town, nor have power or liberty' to act in toven affairs, or have privilege of commonage, either sweepage or feedage, but he that hath one share of commonage, at least, ac cording to the first division, and land to build upon." " In the latter part of the year 1640, the town passed a vote, appropriating the meeting-house porch for a watch- house, till another could be procured." ANCIENT DOCUMENTS AND RECORDS RELATING TO NEW-HAMPSHIRE, SUBSEQUENT TO MASSACHUSETTS' JURISDICTION, From 1641 to 1679. [Note. A considerable portion of the^Papers which follow were first copied, under authority of ' the Legislature of New-Hampshire, 1827, by Joshua Coffin, Esq., of Newbury, Mass., from the Massachusetts Colony Kecords, before they were printed. The papers thus copied by Mr. Coffin have been carefully compared with the printed Eecords, and revised by the Editor. They are designated by reference to the volume and psge of the Manuscript from which copied, at the end of each paragraph. These pa pers, however, were found, on examination, to be only a part of those Eecords which relate to New-Hampshire ; and the Editor has copied all else that could be found in the printed Eecords, placing the date, volume and page at the beginning of each paragraph. Other valuable papers are herewith included, copied by the Editor from the Documentary Colonial History of New- York, and other sources to which he had access, all which are properly distinguished and credited. Ed.J 1641, 2 June. Mass. Cell. Eec, vol. 1, p. 332. Whereas the lords and gentellmen patentees ef Dover & other tracts of land upon the ryver of Pascataque have passed a grant of the same to this Court, to bee forever annexed to this jurisdiction, with reseiwatien of some part of the said lands te their owne use in regard ef propriety, it is now ordered that the present Governor, assisted with 2 or 3 of the other magis trates, shall give cemision te seme meete persons to go to Pas cataque, & give notice hearof to the inhabitants there, & take order for the establishing of government in the limitts of the 1641.] FROM MASSACHUSETTS RECORDS. 155 said patentees, & te receive into this jurisdiction, all ether in habitants upon the said river as may & shall desire to submit themselves thereunto.* The Mth of the 4th mo. 1641. Whereas sorae Lords, knights, gentlemm & others did pur chased of Mr Edward Hilton, & of seme merchants ef Bristoll two pattents, one called Wecohannet or Hilton's point com monly called or knowne by the narae of Dover er Northam, the other pattent set forth by the name of the south part ef the ryver ef Pascataquack beginning at the sea side er near thereabout & coming round the said land by the river unto the falls of Quamseott as more fully appear by the said grant : And whereas also the inhabitants residing at present within the limitts of both the said grants have ef late & formerly com plained of the want of some good government amongst them & desired some help in this particular from the jurisdiction of the Mass Bay, whereby they may be ruled and ordered accord ing unto "God both in church & commonweal, and for the aveyding such insufferable disorders whereby Ged hath been much dishonored amongst them. Those gentlemen whose names are here specified, George Willis gent, Eobt. Saltonstall gent. Will. Whiting, Edward Holliock, Thoraas Makepeace, partners in the said pattent de in behalfe ef the rest of the patentees dispose of the lands & jurisdiction ef the preraises as followeth, being willing to further such a good worke have *" The settlements on Piscataqua river and its branches were formed into distinct governments, so that there were existing at the commence ment of this year, four separate republics, independent of each other ; namely, Portsmouth, Kittery, Dover, and Exeter." Ad. Ann. Ports., p. 28. Winth., 2 vol., p. 34, 1641. " Mr. [.Hugh] Peter and Mr. Dalton. with one of Acomentious, went from Pascataquacke with Mr. John Ward, who was to be entertained for their minister ; and though it be but six miles, yet they lost their way, and wandered two days and one night with out food or fire in the snow and wet. But God heard their prayers where in they earnestly pressed him for the honor of his great name, and when they were even quite spent, he brought them to the sea-side, near the place where they were to go to— blessed forever be his name." 156 PROVINCE PAPERS. [1641. hearby for theraselves & in the name of the rest ef the pat tentees given up & set over all that power of jurisdiction or governraent of the said people dwelling and abiding within the hmitts of both the said pattents unto the government ef the Massachusetts Bay, by thera to be ruled & ordered in all causes criminall and civili as inhabitants dwelling within the limitts of the Massachusetts government & to be subject to pay in church & commonweale as the said inhabitants of the Mass achusetts bay do & no other. And the freemen ef the said 2 pattents to enjoy the like liberties as ether freemen do in the said Massachusetts government, & that there shall be a court of justice kept within one ef the 2 patents, which shall have the same power that the courts of Salem & Ipswich have. Provided always, & it is hereby declared that one ef the said pattents, that is te say that en the south side of the ryver of Pascataquack, & in the other pattent one third part of the land with all improved land in the said pattent te the lords & gentlemen & ether owners shall be & reraain unto them, their heirs & assigns forever as their proper right & as having true interest therein saving the interest of jurisdiction te the Mass achusetts, and the said pattent ef Wecohannett shall be divided as formerly is exprest by indifferent men equally chosen en both sides, whereby the plantation may bee furthered & all occasions ef differences avoyded. And this honored court of the Massachusetts hearby promise to bee heelpful te the maintenance of the right of the Pattentees in both the said Pattents in all the legall courses in any part ef their jurisdiction. Subscribed by the fere named gentlemen in the presence of the general court assembled the day afore written. C. Rec, vol. 1, pp. 304 and 5. Whereas the lords & gentleraen patentees of Dover & ether tracts ef land upon the river of Pascataque have passed a grant of the same to this court te be forever annexed te this jurisdiction with reservation ef some part ef the said lands to their own use in regard ef propriety. It is now ordered that the present Governor assisted with 2 or 3 of the other magis- 1641.] FROM MASSACHUSETTS RECORDS. 157 trates shall give commission te some meete persons te go to Piscataque and give notice hereof te the inhabitants there & take order for the establishing of government in the Hmmitts of the said Pattentees & to receive into this jurisdiction all Other inhabitants upon the said river as may & shall desire to submit themselves thereunto. C. Rec, vol. 1, p. 311. Leclaration of John Allen, Nicholas Shapleigh and Thomas Lake, respecting the Lover and Swampscot Patents. [From Par. Belk., App. No. 15, p. 435.] The General Court ordering that the petitioners, John Allen, Nicholas Shapleigh and Thomas Lake, might make a brief declaration of their right in the two patents, Swampscot and Dover'(Nevember, 1654). We humbly present to this honored court as followeth : 1. That Mr. Edward Hilton was possessed of this land about the year 1628, which is about 26 years ago. 2. Mr. Hilton sold the land to some merchants of Bristol, who had it in possession fer about 2 years. 3. The Lord Say, the Lord Brook, Sir Richard Saltonstall, Sir Arthur Haslerigg, Mr. Bosville, Mr. Wyllys, Mr. Whiting, Mr. Hewett and ethers bought the said land of Bristol mer chants and they have paid £2150. They being writ unto by the governor and magistrates of the Massachusetts, who encouraged tliem to purchase the said lands of the Bristol men, in respect they feared some UI neighborhood from them, as some in this honored court may please to remember. 4. The lords and gentlemen engaged the said land (se pur chased) about 9 years, and placed more inhabitants at Dover, seme ef which came ever at their cost and charges, and had their several letters set forth unto them. 5. The 14th of the 4 me. 1641, Mr. Wyllys, Mr. Saltonstall, Mr. Holyeke and Mr. Makepeace, for themselves and partners, put the said patent under the government ef the Massachu setts, reserving i of Dover patent, and the whole ef the south part of the river, to the lords and gentlemen, and the said Court confirmed the lands on them, their heirs and assigns 158 PROVINCE PAPERS. [1641. forever, as by the said contract fully appears, the 14th 4 mo. 1641, and the I of Dover patent should remain to the inhab itants of Dover. 6. The 7 me. 1642, Mr. Samuel Dudley and ethers were ap pointed by the court to lay out the limits of Dover according te the agreement with Mr. Whiting and company, and that nothing be done to the prejudice of Mr. Whiting and company appears by the court record 7 mo. 1642. 7. The 7 mo. 1643, the marsh and raeadows in the great bay, and 400 acres ef upland was granted to Dover, reserving the right to the proprietors. Now we hurably pray this honored court to take into con sideration, that this additional grant to Dover was 2 years and 3 months after your contract with Mr. Whiting and company, and 15 years after the owners had purchased and possessed it, during which tirae, the whole patent was twice sold and sev eral parts also, and also it was enjoyed by the owners 13 years before the honored court challenged any interest in the said land by the extent ef your patent. And that this honored court will be pleased te grant a division of the said lands ac cording as you have formerly ordered. A General Court held at Boston the 9th day ef the 8th month 1641. Whereas it appeareth that by the extent of the line (accord ing to our patent) that the ryver of Pascataquack is within the jurisdiction of the Massachusetts & conference being had (at severall times) with the said people & and some deputed by the Generall Court for the setteling and establishing ef order in the administration of justice there. It is now ordered by the Generall Court holden at Boston the 9th day ef the 8th month 1641, & with the consent ef the inhabitants of the said ryver as followeth : Imprimis, That from henceforth the said people inhabiting there are and shall be accepted & reputed under the govern ment of the Massachusetts as the rest of the inhabitants within the said jurisdiction are. 1541.] FROM MASSACHUSETTS RECORDS. 159 Also that they shall have the same order and way ef admin istration of justice aiid way of keeping courts as is established at Ipswich & Salem. Also that they shall be exempted frora all publique charges other than those that shall arise fer, or from among themselves or from any occasion or course that may be taken to procure their own particular good or benefit. Also they shall enjoy all such lawfull liberties of fishing, planting feUing timber as formerly they have enjoyed in the said ryver. Mr Symon Bradstreete, Mr Israeli Stoughton, Mr Samuel Symonds, Mr Willi. Tynge, Mr Francis Williams & Mr Edward Hilton or any four of them, whereof Mr Bradstreete or Mr Stoughton to bee one these shall have the same power that the Quarter Courts at Salem and Ipswich have. Also the inhabitants there are allowed to send two deputyes from the whole ryver to the Court at Boston. Also Mr. Bradstreete, Mr Stoughton and the rest of the commissioners shall have power at the Court at Pascataquack to appoint two or three to joyne with Mr Williams & Mr Hil ton te govern the people as the magistrates do here till the next Generall Court, or till the Court take further order. It is further ordered that untill our commissioners shall ar rive at Pascataquack, those men who already havo authority by the late combination to govern the people there shall con tinue in the same authority & power te bee determined at the coming of the said commissioners & net before. C. Eec, vol. 1, pp. 319, 20. Dec. 10th, 1641. Mr Wiggin, Mr Warnerton & Mr Gibbens were joyned in commission at Pascataque by our coramission ers which were sent to them which this court doth confirm untill further order be taken. It is ordered that in every towne one shall be appointed to grant summons & attachments in all civil actions, & attach ments are to be granted when the party is a stranger, not dwelling amongst us, or for some that is going out of our juris diction, or that is going about te make away his estate to de- fraude his creditors, or when persons are doubtfuU in their es- 160 PROVINCE PAPERS. [1642. tates to the plaintiff & the same persons to grant replevy, and when they grant any replevy, they are te take bond with suf ficient security (of the party that desireth the replevy) to pros ecute the suite, & they are to have fer warrants 2d. a peece, for a replevy on attach raents 3d. a jjeece and fer bands 4d. a peece. These are te be directed te the constables in townes where is no marshall, the same party to grant summons for witnesses for Hampton, Willi. Wakefield is appointed for Salisbury &c. These have power to serve out proces to any town & to bee called Olarkes ef the writtes, these are chosen fer a yeare, & tille new bee chosen in their roomes, the marshalls fee for a replevy er attachment te bee 12d. & where no constable is a magistrate may direct a warrant to sorae one fer the present — These orders are te take effect at the Quarter Court in the first raonth next & in the mean time the magistrates are to grant warrants fer summons. It is ordered that every marshall should have sixpence out of every action during the pleasure of the Quarter Court. J642, 3 May. Vel. 2, p. 5. Commission is granted te Capt. Wiggen Mr Edward Hilton, Mr Warnerton & Mr William Walderne to bee assistant to such ef the magistrates er ethers as shallbee sent either by this Co't er by agreraent & order of the magistrates, or the greater number ef them, to keep Co't at Pascataque & out ef Co't to see te the preserving of the peace & te have and exercise such power within our limits at Pascataqua, as any one magis trate ef this jurisdiction usually deth & lawfully may exercise out ef Co't; this comission to continue till this Co't take fur ther order, & that it shallbee in the power of any Co't there to admit & swear freemen, so they bee qualified according to law so as there bee one ef the magistrates at the least present, & an oath shallbee given to the said associates fer the dis charge of the duty ef their place. 14 June, 1642. 2, p. 10. William Haward is appointed to grant sumons, attachments, & replevies in Hampton in place of Willi. Wakefield. 1642.] FROM MASSACHUSETTS RECORDS. 161 Willi Haward, John Crosse & Janies Davis are appointed to ' end small businesses in Hampton under 20 shs. Capt. Wiggen his comission for Pascataque is extended to Hampton. II, p. 14. A comittee appointed to levy and proportion a rate of 800£, which they agreed as followeth — For Hampton 05. II, p. 16. It was ordered that Mr Rich* Bellingbam & Mr Symon Bradstreet sheuld go to Pascataque & keepe a court there with the comissioners then chosen & they two to bee of tha quorum, so as no court to bee kept without one of them. Capt. Gibbens was appointed to gratify the Indians weh were implied [employed?] by us, being sent to Passaconaway. Mr. Saltonstall & Mr. Bradstreete were desired to gratify him whom they implied. An order was sent to Left. Greenleefe, or in his absence to Mr. Woodman, fer sending home the Indian woman & child from Newbery, & to send te Passaconaway for satisfaction. Willi. Hilton ; Willi. Waldern ; Edwa. Colcete, have author ity to end differences under 20 sh'. Mr. Francis Williams is joined an associate at Piscataqua. 1642, 8 September. II, p. 26. A Division made of Gunpowder to the several towns — the proportion of Hampton 1 barrell. Memoranda. That Hampton & Newbery had each of them a barrell before, which they are te allow for, besides the bar rell which is now alowed to each of them by this order. A General Court at Boston the 8th of the 7th me. 1642. It is ordered that all the present inhabitants of Pascata quack, who formerly were free there shall have liberty ef free men in their severall townes to manage all their towne affairs & shall each town send a deputy to the General Court though they be not at present Church members. C. Eec, B. 2, p. 23. II 162 PROVINCE PAPERS. [1642. It is ordered that the associates at Pascataque shall have power te try any cause under £20, though no ether be sent to them. C. E., p. 25. The inhabitants ef Northam upon their petition are granted the liberty which other townes have, & Mr Samuel Dudley Mr Wi. Paine, Mr Winslow & Mathew Boyes are te settle their limitts. Wee think wee are bound te defend their right ac- ccftding te our agreement with Mr Whiting & his company so as nothing bee dene te the prejudice of Mr Whiting & company till the matter be decided. They shall have a barrell of powder delivering dry fish for it at Boston by agreement with the sur- veyar generall. The difference between this Court & Mr. Whiting with his company committed te 3 or 4 of the magistrates about Boston to take some course for the speedy determining ef it as they shall thinke fitt. C. R., p. 26. " Copies of Leeds left by Mr. Scammon of and about Shrewsbury Men's Interest in Quamseott." Sept. 13, 1642. Te all Christian people te whom this present writing shall come, I, Thomas Larkham, Pastor of the church at Northam in Piscataquacke in New-England greeting, Whereas I, the said Thomas Larkham with divers ethers have an adventure or stock in the Patents and plantation of Pascataquacke granted, sold, assigned & sett over by one Obediah Brewer of Cape Anne alias Gloucester in New-England aforesaid, to the propper use of me my executors & administrators and assignes, which was granted, sold, assigned & sett over unto the said Obediah Brewer by Richard Percivall now er heretofore of Shrewsbury in Old England as by a writing of sale drawne by Richard Percivall above named bearing date the 22nd ef Octo ber 1635 Annoque regis Caroli undecime more at large it may & deth appeare, approved by Eichard Hunt, Thomas Wingfield, Thomas Knight & other adventurers and partners in the above mentioned Patents & plantations as by a writing bearing date the 4th of May anno Dom. 1640 appeareth- Now know yee that I the sayd Thomas Larkhara for & uppon 1642.] FROM MASSACHUSETTS RECORDS. 163 a certaine valluable some ef money by me received of William Walderne & for divers good causes & considerations me there unto moving, Have given, granted, bargained, sold, assigned & sett ever & by these presents dee fully grant bargaine, assigne & sett over unto the aforenamed William Waldern to his own propper use & to the use ef his executors, administrators & as signes all ray said adventure or stock by me bought as afore said & all the produce & increase by me also bought as afore said and all sith hence coming of the said Adventure & stocke to receive, perceive, take & enjoy the premises to me granted & every part to the said William Walderu his executors, ad ministrators & assignes, together with all such writings as con cerne the same. In witness whereof I have put te ray hand & scale this thir teenth day ef Septeraber Anne Dem. 1642. Thom. Larkham. * (a scale.) Sealed & delivered in presence of William Ballew, sig. Phillip X Cheslin. That this a true Copy Compared with its original left on file & in its stead left to remayne on file. Attestes. Edw. Eawson Secretary, Richard Scamon. Know all men by these presents that we, whose names are subscribed partners in the plantation of Pascataquacke in * Winth., Vol. 2, p. 79, 1642. " At this general Court appeared one Eichard Gibson, a scholar, sent some three or four years since to Eich man's Island to be a minister to a fishing plantation there belonging to one Mr. Trelawney [Tretaway ?] of Plimouth in England. He removed from thence to Pascataquack, and this year was entertained by the fishermen of the Isle of Shoals to preach to them. He, being wholly addicted to the hierarchy and discipline of England, did exercise a ministerial function in the same way, and did marry and baptise at the Isle of Shoals which was now found to be within our jurisdiction." Gibson got into trouble by a controversy with Larkham of Dover, scandalising the Massachusetts gov ernment, denying their title, &c. — he was committed to the marshal; but soon after left the country. 164 PROVINCE PAPERS. [1642. New-England are acquainted with a writing drawn by Eichard Percivall of Shrewsbury, Draper, wherein he doth upon just & valluable considerations devolve all that adventure, which he the said Richard Percivall hath in the aforesaid plantation ac cording te the writing expressed unto Obediah Brewer of the same towne of Shrewsbury draper & to his executors, admin istrators & assignes, and to his & their propper use & behoefe forever without giving any account unto the said Eichard Per civall er to any other in his behalf. We doe also approve ef this act passed by bill ef sale betwixt the said Percivall and Obediah Brewer & doe willingly accept of the said Obediah Brewer as partner with us in the roome ef the said Eichard Percivall according te the proportion expressed in the said bill of sale under the hand & scale of the said Rich ard Percivall. In witnes whereof we have put to our hands this 4th day of May 1640, Anno Dem. 1640. Eichard Hunt, Tho. Wingfield, Tho. Knight, Tho. Hunt, William Rowley. 11 June 1666 That this is a true copy compared with the or iginali then en file & left in its stead as attests — Edw. Eawson Secretary. Richard Scamon. Indorsed was the following — " Copies of Deeds left by Mr Scamon of & about Shrewsbury men's interest in Quamseott, 1642," 27 September. C. E., p. 32. It was ordered, that the elders sheuld be desired to take the case of the inhabitants of Strawberry Banck into their consid eration, & affoard their help fer providing a minister for them. The petition ef Mr. Wheelwright if hee himself petition the Court at Boston, they shall have power to grant him safe conduct. The inhabitants ef Northam, upon their petition, are grant ed the liberty w"" other townes have ; and Mr. Samu. Dudley, 1648.] FROM MASSACHUSETTS RECORDS. 165 Mr. Wi. Paine, Mr. Winslow, & Mathew Beyse are te settle their limits. We think we are bound to defend their right according te o' agreement with Mr. Whiting & his company se as nothing bee done to the prejudice of Mr. Whiting & comp. till the mat ter be decided.* The difference between this Cor' and Mr. Whiting w**" his company is comitted to 3 er 4 of the mag'trates about Boston, to take seme course fer the speedy deterraineing ef it, as they shall thinke fitt. Hampton Petition, 1643. Mar. 7, 1643. To the Eight Worshipfull the Governor and Deputie Govern or with the rest of the worshipfull Counseill & assistance & Dep uties new assembled at this general Court houlden in Boston this 7th day of the first month 1643. The humble pettitien ef part ef the Brethren and most o the inhabitants of Hampton, Humbly sheweth that whereas William Haward ef the same (towne) Towne was heretofore chosen by part of the towne to be our Leader fer present & for Triall ef his sufliciencie, who afterward as it is reported by some that he was established for a lief tenant ever us without our knowledge or desires & hath se continued about the space of 3 years in all which time we find not that we have profited by him so much in military knowledge or practis as we might had not many defects of his hindred us in these respects, first in training your worships pittitioners in the winter season the snow being very depe & the weathar percinge ceulde that our trainings was to littel purpos ; secondly when the weathar was warme we are Imployed in seme towne business of aneth- ar nature the most parte of the day in repect whereof we your worships pititners doe find ourselves verry unfitt for the * William Whiting was a wealthy merchant ; probably came over in 1633 with Capt Wiggan ; and was agent for Lords Say and Brook, at Swamscott. He afterwards went to Hartford, Conn., in 1637, was of the House of Eepresentatives ; in 1641 an Assistant, and Treasurer of the Col ony from 1643 till his death, in 1647. 166 PROVINCE PAPERS. [1643. searvice ef the country, ner dare we Comfortably comraitt our lives under his Conduction if in case we sheuld be Couled to present sarvis in defence of this Honred state, which we your worships pittioners in all humble dutie are bounden unto. Further mere your worships pittionars doth inforra your wor ship that William Haward being deputie fer our towne about two years since Eeceved one barrell ef gunpowder for the townes use in case of presant danger at which tirae he told us that it was an order of Court that whosoever would bring him as rauch Corne as coraes to two shillings he sheuld have frora him a ticket under his hand te excuse from the Clarks fine, which is that any one that hath not one pound of powder in his bowse is liable to pay ten shillings; but when enquiry was made of other deputies concerning the truth ef this thinge, but we found it otherwaies, then he informed us, & we did certifie him thereof, but he gave us provoking speches, & charged all that should say that it was net a Court order te be liars the' sume of the deputies had formerly teuld us that it was ne Court acte. May it therefore please your worships to redress these our aggrievances & to raake choyse of seme ether Leder for us and your pittianers shall pray. Jaraes Daves, senior, Christepher Husey, Thoraas Mastine, John Woden, Moses Cox, William Mastine, Sen., Eobart Tuck, William Marsten, Jun., James Daves, Jun., Thoraas Levet, Edmund Jensen, Anthony Taylor, Richard Swayne, William Huntington, Williara Sanborne, Geyles FuUar, Will. Fifield, Steven Sanborn, Thoraas Jons, John Daves, John Hugins, John Sanborn, Francis Swayne, Aquilia Chase, Jeffrey Mingey, Richard Knight, Nicholas Swayne, Edward Tucke. John Browne, Upon hearing ef both sides being 16 er 17 witnisses on the coraplainant's pte. we found that the greater pte. of the trayned band was much prejudiced ag' their Officer that lead them, who 1643.] FROM MASSACHUSETTS RECORDS. 167 gave satisfactorie answers to all the materiall things that were objected, yet if the Court please te desire Capten Denison to exercise them some time with their new officer, whereby we hope after a while their spirits may close again. May 8th. " Pascatt. May the 8th 1643. Francis Williams &c. Power of Attorney, 1643." We the Inhabitants ef the Lower end of Pascataquack, have constituted and appointed Mr. James Parker,* our dear & much respected friend te be our Deputy te attend the service ef the Generall Courte & and there to continue until the sayde Court is ended or Lawful dismission from the same, fer & in the be halfe ef the Inhabitants aforesaid, because in the state we now stand we know not whether any of us may be adraitted to a Deputy in the General Courte, therefore we humbly intreat that fer this time Mr Jaraes Parker, netwithstending his func tion and relation to us, may manage our affairs at the Generall Courte. In the name ef the Inhabitants. Francis Williams, Thomas Wannehton. May 10. A Generall Court ef Elections held at Boston the 10th day of the 3rd mo. 1643. It is ordered That Mr Deputy, Mr Saltonstall, Mr Brad streete, Mr Symons, or any two of thera sheuld go, & keepe * Winth., vol. 2, p. 111. " Those of the lower part of Pascataquack invited one Mr. James Parker, of Weymouth, a godly man and a scholar, one who had been many years a deputy for the public court, to be their minister. He, by advice of divers of the magistrates and elders, accepted the call, and went and taught among them this winter [1642. 10], and it pleased God to give great success to his labors, so as above 40 of them, whereof the most had been very profane, and some of them professed ene mies to the way of our churches, wrote to the magistrates and elders, acknowledging the sinful course they had lived in, and bewailing the same, and earnestly desiring that Mr. Parker might be settled amongst them. Most of them fell back again in time— embracing this present world." 168 PROVINCE PAPERS. [1643. Court at Pascataque. Mr Williams, Capt. Wiggen & Mr George Srayth to assist them & to be Commissioners there, & Capt. Wiggen's authority is appointed to extend to Hampton as before. The forenamed Commissioners have liberty to keep Courts for small causes as before. And two bigger Courts are to be keept there the one be tween the English and Indian harvest and the other in the Spring. The gentlemen that keep Court at Pascataque are desired te view the ground in question, & see if they can compose & settle things between Dover & Strawberry bank, & if they cannot, to certify the Court how they find things. C. R., p. 29. 2, p. 37. May 10. Mr Wheelright had safe conduct granted & liberty te stay 14 dayes, se it bee within 3 months next ensuing. Exetter petition was answered being it fell within our pa tent, the Court took it ill they should Capitulate with them. C. R., p. 29. [Thfe petition above mentioned is net en file. A fragment, however, remains, containing the following names: Tho. Rash- leyghe, Rich. Bullgar, William Wenbourne, Thomas Wardell, Samewell Walker, Christopher Lawson, John Legat, Henry Roby, Williara Cole, Thomas Pettit, Eobart Smith, John Cram, Eob. , Abraham Drake, William .j P. 14. For the setlinge of the Rightes & Bounds of Dover, these things are presented to consideration. 1st. Swamscoate patent hath but one of y^ Lords of y" Counsell his hande set to it whereas y* ether Patent hath the handes ef all y* Lords. 2. The Patent ef y« Massachusets is of elder date then these Patents, as was confessed by Capt. Wiggen in y^ Courte. 3. In case y^ Patents were equall yet the end of them being to plant y" English nation, there is no reason that by occasion of them any of them should be planted or put to pay rent. 1643.] FROM MASSACHUSETTS RECORDS. 169 4. Dover is taken under the government of y» Massachusetts, as falling within y" extent ef their Patent which is (as above said) more ancient then the other Patents. 5. Dover in their cominge under y= government of y' Massa chusetts had y» grant ef y^ same Liberties which ether townes in y" Jurisdiction have, and therefore have y" Liberty of havinge a Tewneshippe as other Townes have. 6. The Court in their aggreement with y Patentees al lowed them noe Grant, but whereas they reserved to them selves such and such portions of land y^ Court only premised te maintaine their just Rightes. 7. In another Act of y'' Court it was concluded that in case y' Patentees would net accomraodate y' Inhabitants with land y' Courte would hold theraselves freed frora ingagement ef any Covenant made with thera. [The above is copied from a paper in the hand-writing ef Gov. Wentworth, and is without date.] May 10th. The whole plantation within this jurisdiction is divided into four shires, to wit, Essex, Middlesex, Suffolk, and Norfolk, [which latter contains] Salsberry, Hampton, Haverill, Exetter, Strawberry banke. C. R., p. 30, vol. 2. 7th day of 7th mo. Warrant was ordered to bee sent to Dover to redresse their two mistakes ef sending a new deputy & sending an imperfect number of males from 16 year ould to 60 years. Edward Starbuck is fined for 3 weeks absence 40s. It was ordered that an adraonition should be sent to Dover for send ing a new deputy without leave, or new summons, & not al lowing meanes to the former deputy, whereby he was hindered from comeing. John Saunders for his mutines and offensive speeches is fined £5 & enjoined to acknowledge his fault at Hampton. C. Eec, vol. 2, p. 32. 170 PROVINCE PAPERS. [1643. Exeter Petition. To the Eight Worshipful, the Governer, the Deputie Gov ernor and the Magistrates with the assistance and deputyes of this honored Courte at present assembled in Boston. The humble petition ef the inhabitants of Exeter who do hurably request that this honored Court would be pleased to appoint the bounds of our Towne to be layed out to us, both towards Hampton & also downe the Eiver en that side which Capt. Wiggens his farm is en, fer he deth Clame all the land from the towne downwards, en the one side, & Hampton en the other side deth clarae to be neere us, that we shall not be able to subsist to be a Towne except this honored Court be pleased to releeve us. And we suppose that Capt. Wiggens his farrae and a good way below it, raay well be laid within our Township if this honored Court so please. Also we do hurably crave that the Court would be pleased te grant that we may still peaceably enjoy thouse sraall quan- titie of raeddows, which are at Lamperell Eiver that Dover men now seeme to lay clame to, notwithstanding they know we long since purchased them & allso quietly pessest them with their consent. Likewise we do humbly request that this honored Court would be pleased to establish three men among us to put en Ishew to small differences amongst us, & one te be a Clarke of the writes, that so we might net be se troblesom to the Courts fer every sraall matter. The three men which we desire the ending of Controversies are Anthony Staniean, Sarauel Greenffeld & Jaraes Wall, & we do desire that John Legat may be the Clarke of the writes. Thus leaving our petition to your Judicious Consideration & yourselves te the Lord, we rest and remaine ever ready te de you our best service. Sarauell -f Greenfield Henry Eobie Anthony Stanyan Richard Carter Thoraas Wight William M- Nathaniel Boulter Jaraes Wall John ) Tedd Huraphrey Willson Eobert Hethersay Ralph Hall John Legat John X Bursley 1643.] FROM MASSACHUSETTS RECORDS. 171 Abraham Drake Francis Swaine Thomas § Joanes John Davis Nicholas Swaine Ballthazer Willis Thomas f King John Smart. In answer te this petition woe conceeve it meete that the 3 men mentioned therein shall be authorized according to their request & a committee appointed to lay out their bounds next to Hampton & so round about them, provided there is no in trenching on the bounds ef the Pattent of y" Lords & gent. menconed in the pattent of Swampscoat er any grants former ly made to Dover by this Court, & that John Legat be Clarke of the writts there. The deputies desire our honored magis trates concurrence herein. Edward Rawson. The magistrates dee consent herein & dee nominate Mr Samuel Dudley, Mr Eawson, Mr Carleton, a committee for the laying out the bounds, & if the Deputies shall approve of them. Jo. Winthrop Gov. Consented to by the Deputies, Edward Rawson. [The foregoing petition has ne date except 12 (3), which is May 12 .J Sept. 7th. Whereas Excetter is found to be within our patent, upon their petition they were receeved under our government, and Mr Willi Paine, Mathew Boyes & John Saunders are ap pointed to settle the bounds between Hampton and Excetter within two mouths. Willi. Wenborne is chosen clarke ef the writts at Excetter. Willi. Wenborne, Rebt. Smyth & Thom. Wardall aro te end small businesses at Excetter. It is ordered that till the next Gen'all Court, & till the court taken further order, Excetter o^cas^ns ^^^^^^^ *'"^®'^ ^* ^^^' wich. II, p. 45. Willi. Pomfret is appointed in Edw'* Colcets place to assist _ in ending small causes at Dover. 172 PROVINCE PAPERS. [1643. Sept. 19. Whereas it appears to this court that the commissioners appointed to lay out the bounds between Dover & Strawberry banke did not consider the said Strawberry bank as a towne, nor soe exactly viewed the land on that side the ryver as was needfull & thereupon laid out certain lands to Dover, which is most convenient fer Strawberry bank, & seme lands to Straw berry bank which is raost convenient for Dover, se acknowl edged to bee by one ef the said Commissioners in this present court. It is therefore finally ordered that all the marsh and meadow ground lying against the great bay on Strawberry bank side shall belong te the towne of Dover together with 400 acres of up land ground adjoyning & lying nere to the said meadow to bee layd out in such a forme as may be convenient for the improving & fenceing in of the said meadow, the re mainder of the said ground to belong to Strawberry bank, reserving the due right to every one that hath preprietyes in the same. Willi. Estow is appointed in the room of John Crosse to as sist in ending small causes at Hampton. Strawberry bank is granted Mr Knowles his purchase, pay ing the £30 to the courts satisfaction. P. 35, C. E. 17 October, 1643. P. 50. Mr John Wheelright is granted a safe conduct if hee shall desire it, to come to the next court. 7 March 1643-4. P. 62. Anthony Em'y, ef Dover, his petition is referred to the next court at Dover & hee is alowd liberty to draw out his wine in the meane time. March 7, 1644. Strawberry bank is granted to have a barrell of powder paying for it in dry fish, & Dover is to do for the barrell grant ed formerly to Northam. It was declared that the former commission to the gentle men appointed to keep court at Pascataque is ef force still & 1643.] FROM MASSACHUSETTS RECORDS. 173 those gentlemen were desired & Mr Bellingbam with them, that they er some two of them would repair thither with all convenient speed to keep court there, & it is desired that Mr Bellingbam & Mr Saltonstall would perform it this time. C. Eec, vol. 2, p. 44, 45. Upon hearing the difference of a considerable part ef the train band in Hampton & their now Lieut. Willi. Haward, the court not finding any just cause to remove him out of that office, yet upon his desire, & our care for reconciling brethren & for the furtherance of the service intended, this court deth order that Capt. Denison shall have liberty and power to ex ercise the said company, when he shall be desired, yet so as Lieut. Haward shall net be excluded, & we do require & shall expect that the company will cheerfuUj'' attend that service under the command ef them both in such manner as they both shall both see cause to order it. C. Rec, p. 45. Dover petition &c. the gentlemen who are desired to keep the oourt at Pascataque are desired to view & exaraine the complaint & to certify the next court. C. Rec, p. 46, 47. The 29th ef the 3d mo. a 1644. At a General Court of election held at Boston. Mr Bellingbam, Mr Saltonstall & Mr Symonds are appointed a committee, & have full power to beer & determine all busi nesses at Hampton both about their differences, offences & a new plantation according to their several petitions. C. Rec, p. 51. Whereas it appears to this court that seme of the inhabi tants of Excetter do intend shortly to gather a church & call Mr Bachiler te be their minister, & forasmuch as the divisions & contentions which are among the inhabitants there are judged by this court to be such as fer the present they cannot comfortably & with approbation proceed in se weighty & sacred affairs. It is therefore ordered that direction shall be fourth- 174 PROVINCE PAPERS. [1644. with sent to the said inhabitants to deferr the gathering of any church or other such proceeding, until this court or the court at Ipswich (upon further satisfaction ef their reconciliation & fitness) shall give allowance thereunto. C. Rec, p. 52. 29 May 1644. Vel. 2, p. 67. It is ordered, that Mr Wheelright (upon a particular, solemn & serious acknewledraent & confession by letters, of his evill carriages, & of the courts justice upon him for them) hath his banishment taken of, & is received in as a member of the comon wealth. May 29. C. Eec. 2, p. 73. Passaconaway and his sonnes offering and desiring te come under this government, according te such articles as Cutsham- ache & others have formerly been accepted, they were accept ed, & he & one of his sonnes subscribed the articles, & he un- dertooke for the other. June 12, 1644. By order of the last General Court wee underwritten were appointed to heare & (determine) examine the case cenceriiing a certain quantity of land in question between the town of Dover one the one side, & the inhabitants of Strawberry banke. In which case having spent much time, & given a free & full hearing te the parties aforesaid, we find as followeth : 1. That the inhabitants of Strawberry banke do affirme they cannot make a towne without the land in question. Also on the other side it is affirmed by the church & towne of Dover, that they cannot continue & subsist, as a church or towne without the land in question, so that this argument taken from the necessity of having & enjoying the land in qqestion lieth equall & in common to them both ; under this head many things were pleaded which wee cannot ground upon, unless we had viewed the bounds belonging both to Strawberry banke & Dover. Secondly, we flnd it the earnest desire of the inhabitants settled upon the land in question, that they may belong to Dover, in which desire of the inhabitants aforesaid there are two things considerable, 1st that their accesse to the ordinan- 1644.] FROM MASSACHUSETTS RECORDS. 175 ces at Dover is much more easy and convenient then at the other place ; 2dly that many ef the inhabitants aforesaid are now members of the church at Dover. ^ Thirdly, we find that the land in question hath been a long time planted & possessed by Dover without any interruption or opposition made against them, excepting only what was dene by Capt. Neale, whose proceedings therein were illegall & injurious as is affirmed by Capt. Wiggens. 4. Fourthly the inhabitants of Dover de pleade that the lands in question ought net te be taken from them by the Gen erall Court, being theirs by purchase of the Indians, & posses sion as aforesaid, & because in the articles of their submission te this government (they say) their right in this & other cases is expressly reserved. Rich. Bellingbam, EiCH. Saltonstall. 12th 4th 1644. It was ordered that this returne of the commissioners be entered & that the land in question between Dover & Straw berry bank be layd te Dover. C. Eec, p. 55. 11 June, 1644. Vel. 3, p. 7. It is ordered, that in answer to the petition of Cristopher Hussie, & 18 ethers of the inhabitants of Hampton, that Mr Bellingbam, Mr Saltonstall & Mr Broadstreete are a comittee chosen to examine & to judge ef tbe differences between the inhabitants of Hampton. The same answer is likewise given te two ether peticens from y'' inhabitants of y' same towne uppon y' same differences. Vol. 3, p. 8. It is ordered, in answer te Lifte'' Howards peticon, that his charges alowed him, to bee pd him by the towne of Hampton, bee forborne untill the foregoing comittee of magistrates doe end the differences betweene the inhabitants ef the said towne. It is ordered, in answer to the peticon of the towne ef .Exe ter, that Sam'll Greenefield is denyed te drawe wine until the Courte have more full & sattisfactory information of him; as alsoe that it is not thought meete that Eich. Bullgar should be 176 PROVINCE PAPERS. [1644. there liften'^ until further information be given to this Courte ef the said Bullgar, in the meane time hee to exercise the trayne band as there sergeant. Bloody Point Petition. To the Bight worshipful Governor & the worshipful Assistants of Massachusetts. The hurable petition ef the inhabitants of Bloody poynt in the river Piscataway. Humbly shewing unto your good wor ships that your petitioners the inhabitants of Bloody poynt being as they are informed ordered to be within the Township of Strawberry bank, which was done altogether against our consent we ever having been within the township ef Dover & in combination with them at our entrance under your govern ment, & had promise from you to enjoy all lawfull Libertyes of felling timber & the like, which your petitioners are debarred of, which is upon record in your books, & have been formerly to their great loss & daraage. Alsoe your petitioners fur ther shew unto your good worshipps that Strawberry bank lyeth 4 myles frora them or thereabouts whereby they are all debarred from hearing the word by reason of the tides falling out that we cannot goe but ence a fortnight, & then can stay but part of the day, which will rather be a day of toyle & labour than rest unto the Lord & yet must be forced to pay for the maintenance of their minister. And sithence the Court they have layd out to themselves 50 or 100 or 200 acres [apiece] round about us penning us up & denying us falling of any timber without their leave and making every one that will have of the said land to pay 508 for a hundred acres & so after the ralte for mere er less, they being sorae 14 or 15 familyes living remote from one another scatering upon the Eiver 2 miles & 4, 5 er 6 rayle from us yet have taken te themselves all our best land adjoining to us. Humbly beseching your good worshipps te be pleased to take our case in your pious considerations & to take some order for us that we may enjoy our former libertyes & continue in the same township we were of, & that the order of Court 1644.] FROM MASSACHUSETTS RECORDS. 177 may be confirmed, which was that our Neck shall be in Dover towne otherwise we shall be forced te remove, which will be to our undoing being 12 poor familyes. And your poor peti tioners shall be bound to pray fer your Worshipps &c. The names of the inhabitants that agree to this petition. The mark of James J Johnson. The mark of § Thomas Canning. The mark of f Henry Langstaffe. The mark of ^ Thomas Fursen. John Fayes. The mark of || Williara Prayser ? Oliver Trimings, William Jones, Philip Lewis, Thomas Trickey, John Goddard, Eadiric ? [The preceding petition has no date. His. Mem. No. 34, A. H. Q.] June 28. It is ordered that Mr Francis Williams, Mr Funnell & Mr Willi Sherbon shall end small causes at Strawberry banke." C. Eec, p. 54. It is ordered that one court shall be kept at Pascataque in the year ensuing, that Mr Bellingbam, Mr Saltonstall & Mr Symonds or any two of them are specially appointed thereto (not excluding any other of the magistrates that raay and will attend the same) that courte be kept at such time & place as the sd ma'trats or some of them shall appoint. 30 October 1644. Vol. 2, p. 79. It is ordered that Mr Samuel Dudley, Mr Carlton & Mr John Saunders of Salsberry shalbe comissioners to here & examine all matters concerning Mr Bachiler & Hampton, & they have power to examine witnesses upon oath, whereby they may returne the truth of the case to the next Generall Court of election. 12 178 PROVINCE PAPERS. [1645. 13 November, 1644. Vel. 2, p. 89. ¦ It is agreed that fer an equall distribution to each towne of Mr Andrews gift, the twelve townes which have had nothing should have five pound a peece or a cow, & then all to have 5£ or a cowe before Eoxberry have any, in the order fol lowing — Salsberry — &c Hampton. 14 May 1645. Vel. 2, p. 98. Philemon Dalton hath authority to see people marry at Hampton. Vel. 2, p. 102. It is ordered that the Treasurer sheuld pay John Resse, due for ferrige of the magistrates to Dover, & demand the one halfe ef the Treasurer of Dover. Vol. 2, p. 103. Anthe. Staniard, Eobt. Srayth & John Legatt are appointed te end small businesses at Excetter. Vol. 2, p. 110. Mr Bradstreete & Mr Symonds are appointed to keepe courts at Dover fer the year ensuing. Capt Wiggin, Mr Wil liams & Mr Smyth are appointed associates with them. 29 May, 1645. Te the honored court now assembled at Boston. The humble petition of the inhabitants of Exeter, Humbly requesting that this honor'd Court would be pleased not to give any grante of the lands & raeddows (which lye neere our towne of Exeter & which we have personally enjoyed untill of late, ever since we were a plantation) unto the town ef Dover or on the other side unto the town ef Hampton, untill such time as our tytle unto them be either agetated with the said townes or that we have a legall tryall with them fer the sayd lands, & that we may then have the bounds ef our towne layd out unto us as our right and tytle shall be found. 2dly. Your petitioners do humbly request that this honored court would be pleased to depute for ns 3 of these 4 men. 1645.] FROM MASSACHUSETTS RECORDS. 179 which we do here nomenate for the ending of small deferances under twenty shillings : the men which we desire are theis,viz., Anthony Staniean, Samuel Greenfield, Robert Smith & John Legat or any three ef them as the court shall think meet. We do likewise humbly request that John Legat may be es tablished dark of the writes ; and these things we desire and humbly request for this end that we may net fer every small matter be troblesom to the court er to ourselves mere then Necessitie deth require. Thus leaving ourselves with the Lord & with you we rest this 29th of the third me. 1645. William Moore, Robert Booth, Anthony Stanyan, John Legat, Godpherey f Dereborn his mark, Humpherey Wilson, Nath. Boulter, Tho. Pettit, John X Bursley his marke, Abraham Drake, Henry Robie, Henry Elkings, Nicholas Swaine, Rich. Carter, Thomas — Jones his marke, Robert Smith, John f Cram his marke. May 29. , „ , In answer to this petition, none appearing to challendge any propriety in the meadows within mentioned, the house of deputyes think it not meet to meddle with it, but grant that John Legat be the Clarke of the writts there & that Anthony Stanyan, Eobert Smith & John Legat are appointed for the ending of small causes under twenty shilling fer the next year at Exeter and desire our honored magistrates to concurre with them herein. ^^^^^^ j^^^^^^ The magistrates concurr herein. Tho. Dudley, Gov. 180 PROVINCE PAPERS. [1645. In regard there aro ne magistrates at Pascataqua, commis sion is granted by this court to Capt. Wiggen & the ether associates there, te see to the preservation of the peace &any two of them to heere & determine small causes of a civil nature not exceeding £5 & such criminall offences as the law hath appointed certain penalties for either by whipping, stocks or fines not exceeding 20s. reserving liberty for appeale. C. Rec, vol. 2, p. 22. 18 June 1645. Vol. 3, p. 30. Mr Broodstreet & Mr Symonds are appointed te keepe Courts at Dover & Capt. Wyggyn, Mr Wms & Mr Smith are appointed asseciatts to asist therein. 1 July, 1645. Vol. 3, p. 28. The proportions of each townes rate agreed upon by the comittee is as followeth — Hamptton — 10,00,00. Oct. 1. The Court considering the great charge of the country by the provision which is made fer each member ef this Court, that Strawberry banke & Dover having sent their deputies hither & being provided fer with the rest for which they are yet behind & have net satisfied for, have appointed William Parks and Left. Atherton a coramittee to examine what they stand indebted to the country for their deputies diet these 4 or 5 years past, & te certify the court thereof that so they may be presently sent te for it. C. Eec, vel. 2, p. 111. 1 October 1645. Vol. 2, p. 136. The Court thought fit te write te Mr Williams, of Pascata que, (understanding that the negroes which Capt Smyth brought were fraudulently & injuriously taken & brought from Gitfny, by Capt Smith's confession, & the rest ef the company) that he forthwith send y" neger which he had ef Capt. Smyth hither, that he may be sent heme, which the court doth re solve to send back without delay, & if you have any thing to 1646.] FROM MASSACHUSETTS RECORDS. 181 aleadge why you should not returne him, to be disposed ef by the court, it wilbe expected you should forthwith make it ap pear, either by yeurselfe or your agent but net to make any excuse or delay in sending of him. 7 October, 1645. Vel. 3, p. 47. Itt is ordered, that Strawberry Bancke & Dover be sent to fer what they stand indebted to the country for their deputies diett & Courte chardges, & course taken for it. At a Generall Court ef elections begunne the 6th ef May, 1646. In answer to the petition ef severall inhabitants of Excetter. Itt is hereby ordered & granted that Anthony Stanian, Sarauell Greenfield & James Walle are hereby authorized with full power te end small causes under twenty shillings according to lawe, & that Mr Samuel Dudley, Edward Eawson & Mr Edward Carleton are appointed a committee to lay out the bounds of Exeter next te Hampton & so round about them. Provided there be no intrenching on the bounds of the Pattent of the Lords & gent, menconed in the pattent of Swampscott or in any grant formerly made to Dover. By both. C. Eec, vol; 3, p. 66. 6 May 1646. Vol. 3, p. 63. Mr Wm Waldron engaged himself, fer his owne chardge, for this court & also when the accompt is perfected of what is dew to the country for the deputies of Dover's diett for severall courts past, that it shall be suddainly engadged for, & dis- chardged in marchantable pipe staves, either in the river er at Boston, at the currant price in either place at or before the last of July next, so as the courte issew out a warrant for the gathering up thereof amongst us. On conference with the Deputy of Dover & his motion on| the behalf ef the inhabitants ef Piscataqua, the court conceives y' by y» agreement with y« inhabitants of Piscataqua, ne court 182 PROVINCE PAPERS. [1646. is to be kept there otherwise then at Salem & Ipswich, which cannot be without one Magistrate, 2dly that y'^ empost upon wynes being a publick charge is not to be required of them but it is te goe te the defraying ef their own chardges of court &c. By both. C. Rec, vol. 3, p. 70. Itt is ordered on y" request of the town of Dover that Mr George Smith shall be one of the three men authorized by this court for the ending of small matters, & that Dover hath the same power ef recording sales ef land as Ipswich hath, & that Wm Waldren be Recorder there till the court take further order herein. By both. C. Rec, vel. 3, p. 70. In answer to the petition of the inhabitants of Dover, Mr Smith, Left. Pomfret & Jo. Hall are appointed te end small controversies there fer this year & Mr Smith is appointed Clarke of the writs in the room of Mr Walderne. C. Rec, vel. 3, p. 84. Hampton Petition. May 20, 1646. P. 26. To the Hon'rd Gov'nor, ma'istrates & deputies for this General Court. The humble petition of the inhabitants of Hampton. Sheweth unto this Hon* Court that your petitioners were lately presented for not repayring & making good their high wayes which your peor petitioners by reason of their poor estates & the greatness of the worke are not able to compasse or performe in any reasonable time, they judging the repayring one way will cost neere one hundred pounds, which your petitioners in most humble manner desire this honored court te releive them from as in the like cases it hath been accus- toraed and to rerait your petitioners fine, and te give tirae fer making good ef the way, fer they have laid out neere 10£ and very little scene & your petitioners as in duty bound shall pray. William English, in the narae of the towne. 1646.] FROM MASSACHUSETTS RECORDS. 183 Vol. 3, p. 66. In answer to the petition of Edward Colcord & John Moul ton fer reliefe against the unequall stinting of the comons at Hampton, itts referred te Mr Sarauell Dudley, Edward Eaw son, Mr Wra Payne & Mr Carlton, & they have power hereby to examine witnesses en oath, & search into all the distractions there, making report of what they shall doe or find in the premises to the next sitting ef this court. By both. Vel. 3, p. 69. It is ordered on. the request ef the towne of Dover, that Mr George Smith shall be one of the three men authorized by this courte fer the ending ef smale matters & that Dover hath the same power of recording sales ef land as Ipswich hath, & that Wm Waldren be recorder there till the courte take further order herein. By both. 20 (3) '46. The magistrates being unacquainted with the matter of this petition doe desire the deputies will consider ef it first, & return their thoughts about it. John Winthrop, Gov. May 20, 1646. In answer te the petition ef Hampton, Mr Walderne and Leift. Hayward are appointed to view the neerest and best way from Dover fer Salisbury that may be with the least charge through the weeds, or else, & to informe the Committee that is appointed to examine the difference at Hampton that so they making return thereof to the next sitting of this Court, the Court may be provided to give a just answer, and their fine is remitted that was imposed by the Court at Ipswich for their defect about their high way. C. Rec, vol. 2, p. 126. Petition of the Inhabitants of Dover, &g. To the honor'd Gov'nor, Magistrates & Leputyes for this Generall Courte. The humble petition of the inhabitants of Dover & other in- habitants on the river Pascataquack, sheweth That your petition" Coming under the Gov'ment of the 184 PROVINCE PAPERS. [1646. Massachusetts it was agreed they should have the same liber tyes of keeping of Court as Ipswich & Salera & that they shall pay no rates but what ariseth for and among theraselves, as , alsoe in pticular nominated to try any account under one hun- ! dred pounds & have power to punish all offenders except for life, Lymme, er banishment. And your peticoners with one consent declare that at the same tirae it was agreed that your petitioners should not any of them be arrested er attached fer any debt or debts under the value of £100 te be forced to travayle any further than their own Courts, at which tirae noe act. could be brought against any but where the defendant lived. Further your petitioners are te defray all their own charges of keeping the Courts both for Magistrates, Commis sioners & Jurors, yet nevertheless j'our petitioners have had warrants served upon them to appear at Boston about selling of wine, & havo been arrested divers times for small semes & been forced to travayle as far as Boston Salem & Ipswich for a debt of tenn shiUings which is & hath been great trouble to your petitioners. May it please this honored Court te take your petitioners Case into your consideration & according te the preraises that your petitioners raay have a sett time appeynted for keeping ef Court er Courts yearly & that seme order be taken that they be net forced te travayle 60 myles fer a raatter of no great value, & that we raay enjoy our lawfull Libertyes, your pet. as in duty are bound se shall ever to pray &c. Capt. Keayne is chosen to cenferre with our honored Magis trates about this petition with Mr Waldren. Edward Eawson. May 22. In answer te the petition about Pascataqua, It is ordered that the two Courts of Pascataque sheuld bee kept yearly at Dover one en the 4th of the last weake in y' 2d mo. & y" other en the 4th day ef the first weeke in the 8th month by any one or two of the raagistrates & such Coraraissioners or any one of them as shall from time [to time] be appointed by this Court, & if this Court will not order what magistrates will attend y* service, the Court ef Assistants (er in default) the Governor 1646.] FROM MASSACHUSETTS RECORDS. 185 may design them for the Court next to ensue, & it is hereby declared that the inhabitants of Piscataque have ne other liberteis concerning tryalls & suits in law than the inhab itants of Salem, & others ef ether partes of this jurisdiction have, & that noe Courte be kept without one raagistrate, & it is ordered that for this present yeare Mr Bellingbam, Mr Sal tonstall or one of them are appointed for keeping y* Courte in the 8 mo. next, & another Courte sometime before, when themselves think it meete & Capt. Wiggen, Mr Sraith & Am brose Gibens are appointed Coraraissioners to assist in the Courts for this yeare. William Waldren is' nominated for recorder at Dover, till the Courte shall take further order. It is ordered that Mr George Smith shall be one ef the three men te end sraall causes under 20s at Dover. C. Eec, vel. 2, p. 129. Dover Petition. To the Honored Court of Magistrates & deputyes. The humble petition of the inhabitants of Dover is, that Mr George Smyth may be voted for one ef the three men ap peynted to end small causes under 20s. And alsoe that you will make an act fer the recording of sale ef lands at Dover as it is at Ipswich & soe a transcript as is ordered by Court to be sent te Boston & to appoynt a Ee corder. ... William Waldern, in behalfe of the Towne. The house of deputies have passed this bill & and nominated Wm Waldern as Eecorder there till the Court shall take fur ther order, with reference to our honored magistrates concur rence herein. ^ .„ Edward Eawson. Consented to by the Magistrates. John Winthrop, Gov. 22 (3) '46. 186 PROVINCE PAPERS. [1646. Nov. 4. It is ordered that Harapton should be allowed £5 out of the next Countery rate, so as they raake a sufficient carte & horse way over the great marsh suddainly. Mr George Smith is alowed Clarke of the writs in the place of Mr. Waldrene. 4 November 1646. Vol. 3, p. 82. In answer to the petition of Eichard Waldern for a disposall of all publicke & private writings that were in the hands of Wm Walderne, late recorder of Dover, deceased, itt is ordered that Mr George Smith & Mr Edward Starbucke shallbe a cora ittee te survey the bookes & writings that were in the hands of the said Wm Walderne & to give te every one that which belongs to them, & such publicke writings as belong to the courte at Piscataqua, or any parte ef this jurisdiction te re serve in safety till further order from this courte. By both houses. Vel. 3, p. 83. In answer te the petition of the inhabitants of Dover, Mr. Sraith, Left. Porafret & Je. Hall are appointed the three men te end smale controversies there for this year, & Mr Sraith is ap pointed clarke of the writts, in the room of Mr Walderne. Mr. George Sraith & Edw* Starbuck are appointed te survey the writings which were in the custody ef Mr. Walderne & to give te every one what belongs to thera, & such publick reg isters as belong te the Courts at Pascataque or any part ef this Jurisdiction to reserve for further order from this Court. C. Eec, vol. 2, p. 144. Upon consideration of the petition exhibited to this Court by the inhabitants of Dover & Strawberry banke & the grant made by y" assignes of the lords & gentlemen patentees there, & the agreement made between this Courte & the said inhabi tants, It is ordered that this Courte will (upon the first oppor tunity) confer with Mr. Whiting & ether of the said assignees about reasonable accommodation to be alowed to the said in habitants, & and if the said assignes will not accord with us therein this Courte will resigne whatsoever the said assignes 1647.] FROM MASSACHUSETTS RECORDS. 187 have granted to us, & will hold ourselves discharged of any engagement thereupon, for which they granted us the Gov'- ment ef the people, it was intended the people must have sufficient land to live upon, otherwise there can be no people, & consequently no governraent, and se y* grant voyd, &-y' a Coppy ef this order shall be sent to Mr. Whiting, or some other of the assignes to y^ end that they may be at y'= next Generall Courte in the 3d mo. to give in their resolutions herein. As for the other part of their petition concerning freedome from being impleaded in other Courts of this Jurisdiction, this Court doth declare that the said inhabitants, (even by their own agreement) are bound te the generall laws & orders of this Jurisdiction in that point, as Salem & Ipswich are, never theless the Court being sensible of the great burthen which may fall upon the inhabitants of the said Ryver (if they shall be forced upon small occasions) to travel to Boston, or ether Courts farre off. It is therefore ordered that none of the said inhabitants shall be cerapelled upon any originali proces te travell out of the limits ef Norfolk to anser in any civili action fer any cause whereof the originali debt or damage shall not truly exceed £100, ner shall any ef the said inhabitants have liberty to call any person out of any other limits to answer in any like action in any Court to be holden in Norfelke under the same value : Provided always that if any person shall be at tached to answer &c such person shall be bound to answer &c. in the Courte of that limits where such person shall be so at tached. C. Eec, vel. 2, p. 153. May 26, 1647. A generall Courte of election the 26th of the 3d mo. 1647. Anthony Stanyan is chosen Clarke of the writts at Excetter. C. Eec, vel. 2, p. 162. Vol. 2, p. 192. The Courte hath appointed Antho. Staniell to lay out the way from Haverell to Excetter. 188 - PROVINCE PAPERS. [1647. Upon the petition ef the inhabitants ef Excetter the Court granted that sergeant Thomas Pettet as their principal officer for the present hath power te exercise the Company according te Law. C. Rec, vol. 2, p. 163. 26 May, 1647. Vel. 3, p. 109. In answer to the petition ef Isaacke Boswell for the deliv ery of a stray heifer, at Hampton, te him who lest one, & none appearing to challeng such stray, the Courte graunts his request, so as he enter caution to answer all engagements te the true owner, if any ether shall appeare te be so, & answer the chardge ef the beast at Hampton. By both. June 4. Upon the petition of the inhabitants ef Dover it is ordered that Mr Bellingbam & Mr Bradstreete shall keep Courte at Piscataque for this year, & if either of them shall faill through any unexpected providence, the Governor & Deputy Governor & one of the magistrates shall appoint some ether in their place. C. Eec, vol. 2, p. 167. Upon the petition ef the town ef Dover the Court deth grant Commission to Mr Bellingbam, Mr Saltonstall & 2 or 3 more of the neerest &c together with Capt. Wiggan, Mr George Smith & Mr. Ambrose Gibbens to keepe Courte at Pas cataque when they or any 2 ef the magistrates see fit, & that any three ef them may keep Court se as one ef them be a Magistrate, which shall be President. And further tho inhabitants ef Dover are granted exemp tion from serving at the Generall Courte except it be at the Courte ef election, & so long as that session shall continue, & their fine fer not appearing is remitted. C. Eec, vel. 2, p. 188. 27 October, 1647. Vel. 3, p. 120. . In answer to the petition ef Wm Ballew, Hateevill Nutter, Richard Parker, John Maning, Eobt. Knight, Hugh Gunnison, Edmond Grenlefe, Tho Burton, Xtopher Lawson, Wm Furbur, Wm Bacon & John Butler, who desire, in pursuance of an order ef the last Courte held at Dover, that all the creditors of Wra Walderne, deceased, should attend this Generall Courte, 1648.] FROM MASSACHUSETTS RECORDS. 189 for to make demand of their debts, & proclaraation being booth made at Boston & Dover to that purpose wee desire wee maybe putt into some course hew te come by the estate of the sd Wra Walderne to be divided amongst us proportionably ac cording to our debts. Itt is ordered by the authority ef this Courte, that the es tate ef the said Wm Walderne be delivered into the hands of Capt. Wiggin & Edward Rawson, who are hereby authorized to call any before them that may give evidence concerning his estate, & where it lyeth, te adrainister oath fer the full discov ery & delivery thereof to them, & to examine all the bills & debts that shall any way by the petitioners be claymed as dew from the said Wm Walderne ; & what they shall find to be justly dew, to make an aequall distribution of the said estate ef the said Wm Walderne te the severall creditors, making retourne of what they shall doe herein, under their hands, to the next GenneraU Courte ; provided the chardge ef the Com issioners shallbe defrayed & borne by the estate before the division. By both. 11 November, 1647. Vol. 2, p. 225. Towne Marks agreed upon by the General Courte fer Horses, ordered to be set upon one of the nere quarters. S(trawber- rybanke). N(ortham). H(ampton). E(xiter). At a session of the Generall Courte the first month [March], 1647 or 1648. Upon the petition of Norfolk, the Court deth think fitt that the shire town of Norfelke be referred to further considera tion, & the magistrates to agree some of themselves te keep Courte, as is desired, and that they have liberty to choose gen tlemen ef worth in or out of their shire for associates, & that they be net called out ef their shire fer generall training there : Provided they traine 8 times a yeare according to law, & be under the command ef the serjeant major ef Essex to generall trainings in their .shire, or otherwise in times of danger. It is ordered that the first Court in Norfolk shall be kept the last third day of the 2d mo. at Salsberry, & to have the 190 PROVINCE PAPERS. [1648. j same magistrates that keepe Court at Dover, & in the mean ' while liberty te choose their Coraraissioners, & to take their oathes before the same magistrates. C. Eec, vel. 2, p. 193. Upon the petition ef the inhabitants of Excetter for their rate & head money to be forborne & that no act might passe te any of Dover for land at Lamprill ryver, the Court doth net thinke meete te grante the first of these requests but deny, & conceive meete they should forthwith send in their rates te the Treasurer, for the second request the Court will be tender.* C. Eec, vel 2, p. 199. At the request ef the County of Norfolk, It is ordered that the constant dayes for the keeping their County Courts from henceforth in Salsberry frora yeare to yeare shall begin the second Tuesday in April, & at Hampton yearly the first third day in October. 10 May, 1648. Vol. 2, p. 242. Mr. Samu. Dudley, Capt. Wiggen, and Eobt. Clements, have comission to keepe Courte in that County, according te order of Courte, & Mr Dudley hath comission te give oath to the 3 comissioners for small causes in the severall townes in the said County af Norfolk. It is ordered that the same magistrates that keepe Courte at Dover should be desired te keep Courte at Salsberry & Hamp ton this year ensuing. 18 October, 1648. Vol. 2, p. 258. It is ordered, that John Webster should have order to the marshall to demand, & if not satisfied te levy, five pound four shillings of the inhabitants of Pascataque Eyver. In answer to the petition of Eobt. Saltingstall, the Court allows him libtie te sue for his land as he desires, and if Dover have damnified him, he may sue for recompense; for except * 1648. " The wife of one Willip of Exeter was found in the river dead, her neck broken, her tongue black and swollen out of her mouth, and the blood settled in her face, the privy parts swollen, etc., as if she had been much abused, etc." Winth., 2, p. 898. 1648.] FROM MASSACHUSETTS RECORDS. 191 he had mentioned the order of this Court in his prejudice, we cannot take notice of any ; for the writing he speakes of in David Sellacks hand, if he will not produce the petition, may compel him to it by course of law, & when it is produced the Court will consider of it. 27 October, 1648. Vol. 3, p. 140. Joh. Webster, Constable at Strabery Banke presenting a bill of charges for the cariage of Henry Taylor to tho prison at Boston te the vallew ef 511, 48, 0, as by particulars in the said bill appeares for the satisfaction ef whom it was ordered, that the secritary sheuld give warrant to the marshall of Pas cataque to levie the same out of the estate of the said Taylor; & if Taylor hath not sufficient, &c, then the said warrent te be te require it of the inhabitants ef Pascataque, & for non pay ment to levie the same. October 18, 1648. This Court being informed of great misdoraeanor Commit ted by Edward Starbuck ef Dover with profession of Anabap tism, for which he is to be proceeded against at the next Court of Assistants if evidence can be prepared by that time, & it being very farre for witnesses to travill to Boston at that season ef the year, It is therefore ordered by this Court that the Secretary shall give Commission to Capt. Thomas Wiggan & Mr Edw. Smyth to send for such persons as they shall have notice of, which are able to testify in the s* Cause, & to take their testimony uppon oath & certifie the same to the Secritary so soone as may be that further proceedings may be therein if the cause shall so require. By both.* C. Eec, vol. 3, p. 151. * " This year the wearing of long hair was condemned, as sinful. The Governor, Deputy Governor, and Magistrates entered into an association to prevent the growing evil. ' Porasmuch as the wearing of long hair, after the manner of ruflBans and barborous Indians, has begun to invade New-England, contrary to the rule of God's word, which says it is a shame for a man to wear long hair, as also the commendable custom generally of all the godly of our nation, until within these few years : We, the magistrates, who have subscribed this paper (for the showing of our inno- 192 PROVINCE PAPERS. [1649. In answer to the petition of the freemen of Exeter for lib erty to cheese a Constable & Commissioners te end small causes, the Court conceives there will be no need ef such Com missioner, Capt. Wiggan being chosen assistant & living so neere, but grant they shall have liberty te choose a Constable as is desired, provided the County Court approve of the person as being fit fer the place : pr. curia. C. Eec, vel. 3, p. 202. 2 May, 1649. Vol. 2, p. 266. At the request of the County of Norfolk it is ordered, that the constant dayes for keeping their County Courte from henceforth, for Salsberry, from yeare to yeare, shall begin the second Tuesday in Aprill, & at Harapton yearely the first third day in October, & for this yeare, Eich* Bellingbam Esq & Mr Sam'l Symonds shall keep Courtes there with Capt. Thomas Wiggen, Mr Samu. Dudley & Mr Rebt. Clements, as associ ates te joine with them. Strawbery Bancke, 20 Oct. 1651. To the honored Courte now holden at Boston. The humble petition of the Inhabitants of Strawbery Bancke. In all due Eespects humbly praye; That where as wee fynde your answer to a forraer raade by some of your petition ers in the yere 1641, that you accepted of the ordering & gov erning the said petitioners by way of their petition, & by strecheing of y'^ Line, that Pascataquack is within your juris diction, which if soe we are yours by streching ef y« Line, that you would be pleased te give order for the Lying out our cency in this behalf) do declare and manifest our dislike and detestation against the wearing of such long hair, as against a thing uncivil and unmanly, whereby men do deform themselves, and offend sober and modest men, and do corrupt good manners : We do, therefore, earnestly entreat all the elders of this jurisdiction (as often as they shall see cause) to manifest their zeal against it in their public administrations, and to take care that the members of their respective churches be not defiled therewith," etc." Ad. Ann., p. 34. 1649.] FROM MASSACHUSETTS RECORDS. 193 townshipe for want of which wee deeply suffer, & to confirme the same to us, with ether the conditions formerly agreed on, & that likewise that we maye have here & at Dover two Courts every yeare with two magistrates and their assistants whereof this Barer Mr Bryan Pendleton to bee one of the Assistants Chosen for this place ; And whereas by reason of divers ship ping & ethers coming into this harbour, as likewise some of our owne Inhabitants, several abuses are comraitted & noe • Magistrate neere at hand to administer justice uppon the j parteys soe offending, that before justice can be done many| depart hence without punishment, & others suffer rather than seek soe farre for justice. Humbly praye that Mr Pendleton may have more than ordinary power what ether assistants have, for the rectifying & punishing such abuses to bee Com mitted ; and lastly our desire is that whereas Mrs. Mason hath here an agent, who Lyeth Clayrae to some of those lands wee Inhabitt, in the behalfe of Capt. John Masons hearse [heirs] ; That you would be pleased to mentayne the same unto us agaynst any that shall shall hereafter oppose us, if by stretch ing of the Lyne the Lands bee within your jurisdiction; if not then te leave both our persons, lands & all freelye to our selves, as formerly we were before you took us into your Gov ern*, To mentayne our own Rights, or to submitt ourselves to those te whom it may appeare justly due. In Confermatien of our desires herein, wee whose names are hereunto subscribed present this in the behalfe & by the free consent of all the said inhabitants, praying this Barer Mr Pendleton to present this to your honoured Court craving your favourable answer here in, which we leave to your more serious judgments — ^fer whose prosperitie we shall daylie praye &c. Arab. Lane, Eenald Fernald, William S , Henrie Sherburne, John Webster. In answer to the petition of the inhabitants of Strabery Banke for the Laying out of their towne shippe & severall ether things exprest therein. This Courte thinke meete to grant 13 194 PROVINCE PAPERS. [1651. the petitioners all the land between Hampton & them that is not already granted to townes or persons (Swamscot patent excepted). 2dly, That Mr Ambrose Lane, Mr Brian Pendleton & Henry Sherbeurne are hereby for one whole yeare invested with ample power as associates & be enabled with Capt. Thoraas Wiggin to keepe one court in a yeare at Strabery banke viz., at such tirae as Capt Wiggin shall appoynt to try all civili & crirainall actions as other shire courts within this jurisdiction doth, & each of them power te administer an oath, as also the three commissioners, or each of them shall have power te keep the peace araongst the inhabitants & to grant warrant to bringe before them such as shall break the poenall laws, the penalties whereof exceed not forty shillings, & all offenders, whose pen alty shall exceed that sum aforesaid to bind over to the County Court, or send them to some magistrate te be proceeded with according to law and they have the like power to end small causes as three men in Townes have and for what else is men tioned in the petition the court referre it to the next Generall Court ef Election te be considered and determined, provided they have er shall take the oath of fidelity te this Governraent before they act according to this coraraission. Vol. 4, p. 10. 30 May, 1650. In answer to the petition ef the freeraen of Exeter, the Court doth graunt that they have liberty to choose en[e] con stable that hath taken the oath ef fidelity as is desired, pro vided the County Court approve of the person as fitt for the place. Vol. 4, p. 50. 13 May 1651. It is ordered by this court that Mr Sarauell Winslow, Mr Wra Payne, Mr Sarauell Hall & Mr Thoraas Bradbury, or any three of thera, shall be comissioners to lay out the northermest lyne of Hampton, toward Pascataque River. 22 May 1651. 3, p. 226. This court, consideringe the good service of Capt Wm. Hathorne unto this country in sundry respects, thinke meete, in answer to his petition, te graunt unto him fower hundred 1651.] FROM MASSACHUSETTS RECORDS. 195 acors of land, adjoyninge or neere unto Mr Dewninges 600 acors of land, betweene Hampton & the rivers mouth of Pas cataqua, te be layd out at the charge of the said Capt. Haw thorne, by Mr WiUiam Howard ef Tepsfleld, & Roger Shaw of Hampton provided it frustrat not any former grant nor preju dice any towneshipp or village that may be erected per curia. Ill, p. 230. 22 May 1651. Whereas it appears by the records ef this court, nuraber 436 that six hundred acors of land was granted te Mr Emanuel Downing, which he affirmes was in consideration of fifty pounds by him disbursed in England, in answer te his petition it is ordered that the said six hundred acors of land shalbe layd out te him by Mr WiUiam Howard of Topsfield, & Roger Shaw of Hampton, betweene Hampton & the rivers mouth of Pascataque, at the charge ef the said Mr Downinge, provided the said land specified herein be net formerly granted, & that it be not prejudicial! te any plantation, towne or village that may hereafter be erected. A Letter, To his honored & very loveing friende Capt. Thoraas Wig gin att his house att Swarapscot in Pascataqua, bee these. Sir: We are given to understand that there is an intent of divers ef the inhabitants ef Strawberry banke, seditiously to withdraw their subjection from this Government over them, & to sett up a new Government without. and centrarie to their engagement & eathes, and te that end they have as we are in formed called a Towne meetinge to joyne together in their way te appoynt a Governer. We have sent therefore unto you (knowing your fidelity & care) to search out the truth of these actings and to finde out the particular persons that are interested in this designe, and the person whom they nominate to be their Governer, that accordingly we may put that power which Ged hath given us te prosecute legally against them, and to that end we desire you to take such help unto you both of such as are in commission with you and such officers &c. as are neere you to assist you in what you shall require them ac- 196 PROVINCE PAPERS. [1651. cording te Law & Justice, and that the names of such as are interested in this sedition and espetiallie the chiefe accounts therein may be sent unto us, together with the best testimonie you can procure, and if you shall upon search and good testi monie observe any to be resolute in their way and high in their expressions; — That you forthwith send one er raore of the chiefest, we raean principal actors therein te the prison at Boston who shall answer their rebellion at the Generall Court next month, for we must tell you we are verie sensible ef these motions, which tend to the subversion of this coraraonwealth, and alteration ef this government established among us, and what is further aimed at in this designe we shall further ac quaint you at your cemeinge to the General Court which we desire you will be present at. Net else, but our due respects to you, wee rest Your loving friend, John Endicott, Gov'. In the name of the whole court. Boston, 6th, 7 mo. (51). 14 October. There being no deputy appearing from the towne of Dover neither this nor the last session ef this Court, the Deputies think meete that the said towne of Dover shall be fined £10 for their neglect with reference te the consent of our honored magistrates hereunto. William Torret, Cleric. Consented te by the magistrates, Edward Eawson, Sec. 14 October. 4, p. 67. In answer to the petition ef Eichard Swayne, Wm. Swayne, and other of the towne of Hampton, itt is ordered, that what soever goods or lands have binn taken away from any of the inhabitants of Hampton by Edward Colcord or John Sam- borne, upon pretence of being authorized by Mr Batchelor either with or without execution, shall be retourned to them from whom it was taken, and the execution to be called in and no mere te be graunted untill there appear sufficient pow er from Mr Batchelor to recover the same to the County Court either of Salisbury or Hampton. 1651.] FROM MASSACHUSETTS RECORDS. 197 14 October 1651. 3, p. 248. Upon the request ef the inhabitants of Hampton, Mr Samuell Winslow, Mr Thos. Bradbury & Lieut Pike, or any two ef them, are appoynted comissioners to lay out the west end of their towne line towards Exeter, provided that Exeter have timely notice ef the tirae when it is to be done, to the end they may have liberty to make theire objections, which s* comission ers shall make returne thereof te the next Court of Election. Ill, pp. 252-4. In consideration of twenty poundes due to Capt. Wm Haw thorne, as beinge cemmissienor for this colonie, its ordered, that by way ef satisfaction fer his good service in that place & imployment, he, the s* Capt. shall have all that parcell of land bought of Mr Knowles, lyinge in Kettery, & abuttinge of Pascataque Eiver, grannted to him & his heires fer ever. In answer to a petition prefered by severall of the inhabi tants of Hampton for releife in respect of* unjust molestation from seme persons there pretendinge power for what they doe from Mr Batchelor, its ordered, that whatsoever goods or landes have ben taken away from any of the inhabitants of Hampton aforesaid, by Edward Colcord er Joh. Sanbpurne, uppon pretence of being authorized by Mr Batchelor, either with or without execution, shalbe returned te them from whom it is taken, & the execution to be cald in, & no mere te be grannted untill there appeare sufficyent power from Mr Batch elor to recover the same, te the County Courts, either ef Sals- bury or Hampton. Whereas the serveyer generaU did arrest Eoger Shaw of Harapton, for eyght poundes, for a barrell ef powder which was due from the towne of Hampton, & the s* Eoger Shaw did acknowledge a judgm' of the sarae, whereupon this Court deth order that the s* Shaw shall have power to make a levie upon the inhabitants of Hampton for the payment thereof forthwith. The inhabitants of Dover being under a fine of 1011, for neg lecting to send a deputie to this Courte, upon the request ef Mr Maud hath their fine respited, & not te be levied tiU the next Court of Election, that the Court may judge of Dover's answer. 198 PROVINCE PAPERS. [1652. 1652, 27 May. 3, p. 273. The towne of Dover desiring that Mr BeUingham may be judg ef that Court this yeare, as also that Mr Georg Smith, Mr Eichard Walden, & Mr Valentine Hill, raight be associates, have theire requests graunted provided Mr HiU may be ex empted, according te his desire, & also that Mr Belingham be desired to attend the keeping of the County Courts of Nor felke, Hampton, & Salsbury, as well as Dover & Strabery ' Banke, for the yeare ensuing. Ill, p. 274. Whereas the surveyor generall did arest Eoger Shaw, ef Harapton, for eight pounds for a barrell of powder, which was due frora the towne of Hampton, & the s* Eoger Shaw did ac knowledge a judgraent of the sarae, this Court doth order & hereby require, & give full power & authoritie to, the Consta ble of Hampton to make a levy uppon the inhabitants ef Hampton for the payment ef the foresaid sume of eight pounds, together with two shillings six pence for entring the petition, as also so rauch more as may defray the charge ef transportinge the sarae to the surveyor generall aforesaid unto the sai'd Eoger Shaw, within thirty dayes after notice given, & that in corne or cattle, at prise current. Exeter Petition. May 24. To the Honored General Court at Boston. The hurable petition ef the inhabitants of Exeter, giving this hen* Court to understand that we are exceedingly strait- ned for the want of meddow, & the Indians have inforraed us that there are 3 er 4 .spots ef meddow soraething neer one an other about 7 or 8 miles from our towne, westward er norwest farre from any other plantation & not yet pessest by any, our hurable request therefore is that this honoured Court would be pleased te grant it to our Towne in regard of our great 1652.] FROM MASSACHUSETTS RECORDS. 199 need of it, & the quantity of them all is conceaved not te ex ceed 100 akers, if it be so much, & so shall we rest thankfull to the honored Court & as serviceable as we are able. The (24) of (3) me. 1652. In the behalfe of the rest. Edward Gilman Sen. Edward Gilman .Jun. Edward Hilton, Jno. Legat, Tho. Pettit, Nicholas Lister, Thomas Cornish. The Committy thinke meete the Inhabitants of Exeter have their desires granted to have the above said Meddow confirmed to them provided it be not within the liramitts er bounds of any ether tewneship, er any particular person's grant. 4th mo. 1 day— 1652. In v= narae of v« rest I '^^°- Biggin, in y name ot y rest, | ^^^ Gookin. The magistrates approve of this returne if the Committee ef the Deputies Consent hereto. Edw. Eawson, Secretary. The deputies consent hereto, provided the meddow herein desired net exceed one hundred acres, provided it be there to be had. William Torrey, Cleric. 19 (8) 1652. The Deputies thinke net raeete te alter their former vote. William Torrey, Cleric. Entered with the magistrates and 20 shillings promise May 27. Mr Thomas Bradbury, Mr Samuel Winsley and Samuel Hull, being appoynted our Coraraissioners to lay out the Northern most line ef Hampton bounds towards Pascataqua have de termined that the North line shall extend five miles from Hampton meeting house & from thence upon an East line to the sea & with the westerly line untill they come within two 200 province papers. [1652. miles of Exeter present meeting house & the rest of the line, which was to extend te Salsberry boundes they left to further consideration. Subscribed with their hands, 6, 8 mo. 1651. The Court having perused this returne ef the Commission ers approve of what they have dene respecting the laying out ef the bounds of Hampton aforesaid, provided it intrench not en any former grant. Mr. Samuel Winslow, Mr Thomas Bradbury & Leuit. Robert Pike being appoynted to lay out the west end ef Hampton bounds uppon their request have liberty graunted them till the next session of this Court to accomplish the Courts order therein. C. Eec, vol. 3, p. 345. The 31st ef the 3d month, 1652, on perusall of our Charter, it was this day voted by the whole Court that the extent of the line is te be from the Northernmost part of the River Mer- rimacke & three miles raore north where it is to be found, be it an hundred miles more or less frora the sea, & thence upon a straight line east & west to each sea, & this to be the true interpretation of the Terraes ef the Liraraitte Northward graunted in the Patent. C. Rec, vel. 3, p. 347. In answer te a letter sent to the Court frora Mr Brian Pen dleton of Strabery banke concerning their enlargeraent the Court is wUling to consider thereof when they propound any thing to their consideration which raay be suteable to such an end, & doe desire & order that Mr Bellingbam & Mr Pendleton with the Judges of Dover Court raay keepe Court at Straberry banke, till the inhabitants ef Straberry banke doe present seme persons that have taken the oath of fidelity to this Court te be allowed & confirmed. C. Rec, vol. 3, pp. 351, 352. For the better discovery of the North Line of our Pattent it is ordered by this Courte that Capt. Symon WiUard, & Capt. Edward Johnson be appointed as Commissioners to procure such Artiste & other Assistants as they shall Judge meete to goe with them to find out the most northerly part of Merri- 1652.] FROM MASSACHUSETTS RECORDS. 201 mack Eiver, & that they be supplied with all manner ef ness- essaryes by the Treasurer fitt for this journey, & that they use their utmost skill & abilitie to take a true observation of the Latitude of that place, & that they doe it with all convenient speed & make return thereof te the next session of this Courte. C. Rec, vol. 8, p. 353. Oct. 19, 1652. Whereas upon the submission of the inhabitants upon the river of Pascataqua to this jurisdiction, this court did grant them amongst ether priviledges liberty te send two deputies from the said Eiver, & whereas the freemen ef Dover are in creased to that number that by another law they have liberty to send two deputies te this court — This court doth order & declare that the said towne of Dover shall henceforth enjoy their liberty to send two deputies according to law, & that Straberry banke shall have libertie to send one according to former agreement. C. Eec, vol. 3, p. 361. 19 October 1652. 3, p. 288. The answer of John Sherman, sergeant at Watertowne, and Jonathan Ince, student at Harvard College in Cambrig, te Capt Symon Willard & Capt Edward Johnson, commissioners ef the Generall Court held at Boston, May 27th 1652, concern- inge the latitude of the northermest part ef Merimacke Eiver. Whereas we. Job. Sherman & Jonathan Ince, were procured by the aforesaid comissioners to take the latitude of the place above named, our answer is, that Aquedahian, the name ef the Merimacke where it issues out ef the Lake Winnapusseakit upon the first of August, one thewsand six hundred fifty two, we observed & by observation found, that the latitude of the place was forty three degrees, forty minutes & twelve seconds, besides these minutes which are to be allowed fer the three miles mere north which run into the lake. In wittnes whereof we have subscribed our names this nineteenth of October, 1652. John Sherman, Jonathan Ince. Ju' Coram, John Endecott, Gub. 202 PROVINCE PAPERS. [1652. Answer to Straberry Banke. The inhabitants ef Straberry banke preferring a petition fer the enlargeraent of their towne bounds, are referred to the next Court ef election for further answer, when Capt. Wiggan is te show his Patent. This Courte further grants that Mr Henry Sherbeurne & Mr Reynold Fernald be admitted as associates according to their petition. C. Eec, vol. 3, p. 368. Dover Petition, &c. Oct. 20, 1652. To the Honored Generall Courte now assembled in Boston. The hurable petition of Dover sheweth that whereas seme that we have forraerly betrusted & eraployed at the generall Courtes have neglected what we betrusted them with, among ether things in a speciall manner the recording of our tewne ship according to the grant of the said Court, we therefore in the behalfe ef the aforesaid towne ef Dover doe crave this favour that the sayd limits according to our grant may be con firmed te us by this Honored Ceurte now assembled, & your petitioners shall rest ever engaged in all humble service te be commanded. Val, Hill, Eichard Waldern, In the behalfe of the towne of Dover. For the settUnge of the rights & bounds of Dover consider these things. 1. A purchase from the Indians of Lampreele river 1635, two witnesses. 2. Possession & use of it by plantinge, fishinge & fellinge of tiraber, two witnesses. 3. When taken into the Government ef the Bay this was one of their peculyar agreements that they should enjoy aU such lawfuU liberties of fishinge, plantinge, & feUinge ef timber as formerly, 2 boeke of lawes title Pascattua, this was 1641. 1658.] FROM MASSACHUSETTS RECORDS. 203 4. Anno 1642 in y« old Boeke No. 538 by order ef general Courte, to Dover is granted the Hberty which other townes have, & foure coraraissioners appoynted to settle the limits thereof 5. There is 3 ef the foure commissioners met & agreed & did settle the bounds of Dover as appear undfer their handes, uppon which Dover granted severall proppertyes. 6. The bounds of Lampreel river was by consent of Dover & Exeter men as Captayne Wiggans remembers & it appears by the boundaryes fer a neck ef land is reserved to Exeter en the northside of y° Eiver, which is on Dover side. 7. Lampreele river is about 6 railes from Dover, northeast & is alsoe about 6 miles frora Excetter southard as Capt. Wiggins affirraes. 8. Dover cannot be inlarged as Exeter may, for y" River betweene Kittery & Dover boundes them northward, & Lamp reele Eiver & Exeter boundes thera southward, & the commis sioners have bound them eastward and southward. 9. Exeter besides the boundes towards Lampreele river may be enlarged westward & southward their other limmets. 10. Between Lampreele Eiver & Oyster River Dover hath settled a ministry, it ere longe is like to be a towne of itselfe in respect of y° accommodation of Larapreele River, it being but about 3 railes betweene the two Rivers. 11. Fer Exeter y' purchase ef the Indyans was anno 1638, y" they began to be a towne after they submitted to y' Bay anno 1644, without any agreeraent at all except they are in y' condition of other townes, but Dover forraer Rights are confirraed to them, uppon agreeraent besides the grants of courte, which were before Exeter subraitted te this Govern ment. The utmost bounds of Dover was the utmost of the bounds ef this pattent, where any towne or person did then submit unto this jurisdiction. 204 PROVINCE PAPERS. [1652. Depositions, &c. The deposition of John Ault taken the 18th of the 8th month 1652. The deponent sayth that in the yere 1635, that the land about Lampreele river was bought of the Indanes & made use of by the men of Dover & myself both fer planting & fishing & feUng of timber. John Ault. Sworne before me, George Smyth. Eichard Yerke doth testifie the sarae above specified. Eichard Yorke sworne, who affirmed upon his oath that what he doth testify above written was trew. Sworne before rae, George Smyth. The deposition ef Hateevil Nutter taken the 18th ef the 8th month 1652. The deponent sayth that in the yeare 1636 the land about Lamprill river was in the possession ef the inhabitants ef Dover en both sides the Eiver both for fishinge & planting & felinge of tiraber. Hateevil Nutter sworne, who affirmed upon his oath that the primpses [preraises?] was trew. Sworne before me, George Smyth. In the year 1637, Will Furbur doth testifie the same about Lamprill ryver. William Furbur sworne the 18th of the 8th month (52) who affirmed upon his oath that what he doth testify next above written was trew. Sworne before me, George Smyth. These are to certifie that being one of them deputed by the Generall Court about 7 er 8 years since to lay out the bounds betweene Exeter & Dover, It was alwayes intended by us that Lamprey river as it naturally runs up into the Country should be the bounds betweens, & what Line is recorded if it prove to give anything to Dover on the west side ef Lamprey river, it was upon a mistake, & utterly besides our instructions. And for the confirmation hereof I have put to my hand this 27th of May 1652. John Baker. 1653.] FROM MASSACHUSETTS RECORDS. 205 [To a Copy of the order of Court dated the 9th ef the 8th mo. 1641, which may be found in page 3 of this book, Mr Rawson adds the following note :] Att John Baker's Eequest I signify that he did his endeavor faithfully te procure the bounds ef Dover recorded, but the many urgent occasions of the Country were such as that [it] came not to Issue. Per Edward Eawson. 26 October 1652. 4, p. 118. Itt is ordered, that the northerne bounds ef Dover shall ex tend from the first fall of Newitchiwannicke River, uppon a north and by west line, fower miles. May, 1653. To the Honoured Generall Court assembled at Boston in the monnth of May 1653. The humble petition ef the Inhabitants of the Towne (att present) called Straberry Banke, Sheweth that whereas there are certaine Townes about us, which enjoyes the privUedg ef freemen & have their votes in chusing Governors, magistrates & other officers fer the administration of justice, our humble request is that this honoured Courte will be pleased to grant unto us equall privUedge with Kittery & York, & likewise that you will give power te those magistrates that are te keepe Courte among us to nominate & appoint Coraraissioners fer the ending ef differences under tenn pounds, having great need of such, for many times we loose our right, by reason we cannot summon those that are delinquents to any other Courts except it be for great sumraes. And likewise that you will be pleased to Confirme our Militarie Officers, that they may be established by power from yourselves, for we have betwixt 70 & 80 raen able to beare Arraes, within our presincts although we cannot as yett Call it a Towneshipp, but wee hope you will be mindfull of us in all y'= preraises, which if you bee it will be a great encouragement for your poore petitioners to goe on in their Imployments & fellow it with more Cheerful Inesse, whereby wee may be useful in the Commonwealth, & ready at 206 ' PROVINCE PAPERS. [1653. all times to set ourselves forward fer the good ef the Country & the benefitt of those amongst whome we live & your peti tioners shall hurably pray. John Sherburne, Rich. Cutt, Renald Fernald, Sarauel Haines. This petition was entered with the Deputy & £10 promised. r 1. We conceive the inhabitants ef Straberry banke should be satisfyed with the priviledges granted by the Court at their coraing under this governraent. 2. That the Court of Dover or Straberry banke raay norai- nate & Confirrae Coraraissioners fer the ending ef small causes under 40s as in ether townes. 3. That the said Court raay confirrae such military officers as they shall present. Dan. Denison, ") Jos. Hills, V Com. Edw. Johnson, ) The magistrates (confirra) approve of the Returne ef the Coraraittee as an answer to their petition with reference te the Consent of their brethren the deputies heerete. Edw. Eawson, Secretary. The Deputyes consent te our honoured magistrates in an swer to this petition. William Torrey, Cleric. ^ It is ordered by this Court that the Commissioners Court at Portsmouth shall have equall power for trial of actions within themselves to the value ef tenn pounds as York and Kittery have, which shall continue till the Courte take further order & the County Courts of Dover & Portsmouth shall annually have their Court upon the last Tuesday in June, & the County of York shire shall have the County Courts the Thursday follow ing. C. Eec, vol. 3, p. 374. Thomas Wiggan, gent., preferring a petition for the con firmation ef a Pattent, & the graunt of a writt of division for a tract of land at Squamscott, is referred for our answer untill 1653.] FROM MASSACHUSETTS RECORDS. 207 the yeare 1654 in October, and that in the meane time there be a forbearance ef faling any wood or Tymber uppon the land herein exprest. C. Eec, vol. 3, p. 377. The Inhabitants of Straberry Banke preferring a petition fer equall priviledges with other townes in respect of choyce of Magistrates, &c., are denyed, but as a farther answer to them in respect to their Military officers, the Court of Dover or Straberry banke may confirme as. they shall present, who have hereby also power to Nominate & Confirme Corarais sioners for the ending ef small Causes under 40s as in ether Townes. C. Eec, vol. 3, p. 380. The freeraen of Dover having chosen Capt. Waldren & Mr Valentine Hill fer Associates, their said Choyse is confirraed by this Court. C. Rec, vol. 3, p. 383. Strawberry Banke Petition. To the honoured Generall Courte assembled att Boston this present month of May 1653. The humble petition of the inhabitants of the towne att present called Straberry banke. Sheweth, that whereas your petitioners petitioned to the last generall Court to grant to the said Inhabitants a competent portion ef Land to make us a Townshipp, whereby we may be inabled te subsist & bee usefull te the Church & Commonwealth, our desire is that this Honoured Court will be pleased to shew their favour & good will towards us and willingnesse to accom modate us to the uttermost & for that purpose hath desired the Honnor'd Capt. Wiggines to bring his Pattent to this present Court. Now may it please this honnour'd Court te take our case into consideration & to consider of our extreame necessities, first in respect of the nuraber of familyes which are betweene 50 & 60 ef which some are constrained to remove from want of Land to accommodate them with theire stocks. Secondly, the quality of the land wee live upon is soe badd, its incredible to believe except those who have seene it. Thirdly, the place 208 PROVINCE PAPERS. [1653. being settled a plantation the first ef any in these parts & our willingenesse in submittinge to your governraent. Fourthly that all the neighbouring plantations about us, which were settled since wee, have theire townshipps settled and bounded, onely wee as yett have none ; fifthly, that whereas there is rauch benefitt by Sawraills in other townes in this river & adjacent townes, there is none in this Towne, but only one which was never perfected nor like to bee. Wee hurably intreat this honnoured Ceurte te take into their view this neck ef Land, which wee live uppon, which nature itselfe hath bounded with the maine sea & Eiver as raay be seene by y'' the draught of the River, which was presented te the last Generall Court and now presented again by our deputy, which neck of land is farre lesse than any neighbor- inge tovene about us : The desire ef your hurable petitioners is that this honnoured Court would grant us the necke of land beginninge in the great Bay at the place called Cotterills Delight, soe runninge to y^ sea accordinge to the forraer peti tion presented to the last Generall Courte. And whereas the name of this plantation att present beinge Straberry banke accidentally soe called by reason ef a banke where Straberries was found in this place, Now your petitioners Humble desire is to have it called Portsmouth, being a name most sutable for this place, it beinge the River's raouth & a good [harbour] as any in this land, & your petitioners shall hurably pray. Brian Pendleton, Eich. Cutt, ' Renald Fernald, Samuel Haynes, John Sherbourn, In the behalfe of the towne. We conceive the answer to this petition must be respited because of Mr Mason's claim to the lands only so far as relates to Capt. Wiggins Patent, the comraittee of the last Ceurte or so many of them as being present had then the hearing of the case are fittest to be employed new. Daniel Denison, Joseph HUls, Edw. Johnson. 1653.] FROM MASSACHUSETTS RECORDS. 209 The magistrates approve of the coraraittees Retourne fer respiting of this petition to the next Court, if theire brethren the deputyes consent hereto. Edw. Eawson, Secretary. The deputies consent heerete & dee further grant the peti tioners request, viz., that their towne shall be called Ports mouth if our honored magistrates consent hereto. William Torrey, Cleric. The magistrates consent hereto viz., the name of Ports mouth. Edward Eawson, Secretary. The magistrates considering further of this petition desire a present comraittee raay be chosen to whom the settling ef the towne of Portsmouth maybe referred, & theire thoughts there abouts retourned to this Court if theire brethren the deputies consent hereto. Edward Rawson, Secretary. 28th May, 1653. Mr Symonds is appointed to be of the committee for this petition. Mr Samuel Winsley, Mr Joseph Jewett and Shergent Sher man are appoynted to be of this coraraittee. William Torrey, Cleric. The magistrates consent hereto. E. Eawson, Sec. 18 May, 1653. 4, p. 135. In answer to the petition of Capt. Thomas Wiggin for a writt of divicion of the two pattents of Swampscott, the court referres the division thereof untill the next yeare 1654, in Oc tober, and order in the meane tirae there be a forbearance of falling of wood and timber upon the lands exprest in the petition. May 28, 1653. The Committee (in answer to this petition) doth conceive that the line of the township of Portsmouth should reach from the sea by Hampton line to Wynnacont Eiver leaving the proprietors to their just rights and interest. Samuel Symonds, Joseph Jewit, Samuel Winsley, John Sherman. 14 210 province PAPERS. [1654. The deputies approve of the returne of the comraittee in answer to this petition with reference to the consent of our honoured Magistrates hereto. William Torrey, Cleric Mr The. Bradbury, Mr Samuel Winsley & Mr Eobert Pike being chosen by the Generall Court to lay out the west end of Hampton bounds uppon their best information have concluded that their west line shall run frora the extent of the Lyne formerly agreed en to come within two railes of Exeter meet inge house upon a direct Lyne to that part of Aspe breeke where the high way gees ever and from thence upon a direct lyne se as to leave Exeter falls at the towne bridge a mile and a half due north of the same and frora thence uppon a west & by north lyne as far as the utraost extent of Salsberry bounds. C. Rec, vol. 3, p. 399. 1654. At a Generall Court of Election held at Boston the 3d ef the 3d month 1654. In answer to the petition of inhabitants of Hampton, the Court doth declare though they are net wUUng te recaU these uncomfortable differences that forraerly passed betwixt & Mr Wheelwright concerning matters of rehgion or practice, ner dee they know what Mr Eutherford er Mr Wells hath charged him with, yet they find meete te certify that Mr Wheelwright hath long since given such satisfaction both to the Court & elders generally as that he is now, & se fer many years hath bin an officer in the church at Hampton within our jurisdiction & that without offence te any se far as we knew and as we are informed he hath been a usefull & profitable instruraent of doinge much good in that church. C. Rec, vol. 3, p. 420 421. At the request of the town ef Dover, Lieut Pomfret is ap- oynted to joyne in marriage such as shaU be published there according to law. C. Eec, vol. 3, p. 423. 1654.] FROM MASSACHUSETTS RECORDS. 211 Petition of John Allen, &c. May 6th, 1654. To the honored Generall Court now assembled at Boston. The humble petition of John Allen, Nicholas Shapleigh, John Severance, Thoraas Lake, & Edward Callcott in behalf of thera selves and ether the owners ef the two Pattents of Swamp scott and Dover. Hurably shewethe whereas this honored Genneral Courte of the Massachusetts Bay, in the 14th of the 4th me. 1641, Covenanted with George Willys gent, and ethers in behalfe of theraselves and partners of the said pattents that the South Pattent ef Swamscott, and one third of the pattent ef Dover should remaine to the said owners ef the pattents and their heirs forever &c. the said Court promisethe to mentayne the pattents in their rights therein as by the said Covenant appeareth. Now your humble petitioners crave that this honnored Court will be pleased to grant thatt a divvission may be made of the said lands according to Covenant made with your Pattentees, and your petitioners shall pray &c. The deputies dee conceive that the petitioners have another way te ebtayne theire desires herein exprest viz., to prosecute any that shall intrench upon their first right in a Course of law in our Court of Justice, in reference to the Consent of our honoured magistrates. 6, 3, 1654. William Torrey, Cleric The magistrates cannot consent te this Returne but Referr their Petition to be considered by their Cemniittee, & both parties concerned therein to be heard by thera. Edward Rawson, Secret'y. Consented to by the Deputies. Wm. Torrey, Clerk. Answer of the Committee. In answer to the Petition of Capt John Allen &c. & the town of Dover. Wee find by the Records of the Court An'o (41) that the pattent on the south side of the river of Piscataqua, & one third part of the Pattent of Dover is reserved by the Patent ees. And also that Mr William Payne and others in Ano. (52) 212 PROVINCE PAPERS. [1654. were appointed to set out the limits of the town of Dover. Wee therefore conceive it necessary for this Court te appoint and Impower some uninterested persons a Committee at the charge of the parties, uppon the place te exaraine all interests & actings relating thereunto and to consider sorae way fer the accoraraodating all parties according to their just interests, and to make return under their hand to the next sessions of this Court & that in the mean time the order of Court prohibiting the felling timber be duly observed on penalty of five pounds a tree (except for firing and fencing) for so many as shall be felled upon the land which shaU be apportioned te the sayd Capt. AUen & cempanie of Pattentees. Humphrey Atharton, Thomas Clarke, Eleazer Lusher, Joseph Hills. The deputies approve ef this retourne of this Committee iu answer hereunto, provided the penalty of five pounds for fell. inge ef any tree be left out, & have chosen Mr Joseph Hills, Mr Edward Collins, & Capt Eleazer Lusher, together with such ethers as our honored magistrates shall please to nominate to be a Committee impowered to act herein accordinge to this returne. William Torrey, Cleric. The raagistrates cannot consent hereto, but refer it to the next Court of sessions of this Court fer a flnall answer when both parties may be present, desiring the brethren the depu ties consent hereto. May 15, 1654. Edward Eawson, Secretary. Dover Petition. To the Bight Worshipfull the Governor and magistrates, & Lepu- ties of the Generall Court now assembled in Boston. Tbe humble petition of the inhabitants of the town of Dover. Shewethe that whereas your peer petiioners were taken under the government of the Mattachusetts, by the extent of the line of the Patent of the Mattachusetts, and likewise the people there are accepted and reputed under the government 1654.] FROM MASSACHUSETTS RECORDS. 213 as the rest of the inhabitants within tho said jurisdiction, as also a Committee chosen to bound out the Towne, which ac cordingly was done, & afterwards was confirmed at the Gene rall Courte as the Acts do mere fully declare. Therefore wee your poore petitioners do hurably crave protection in our hab itations and rights accordinge to the laws & liberties of this jurisdiction, & likewise that some order might be taken te re- straine such as dee disturbe and molest us in our habitations by challenginge us by patent, & threateninge of us & sayinge that wee plant upon their grounde & that we must give them such rent as they please for cuttinge grass and tiraber, or else they will take all frora us, se by this means the people are many of them disquieted, not onely by the Patent, bnt alsoe by the threats of Edwarde Celcerde who with others of his pretended owners do report that they have fourteen shares & that they are the greatest owners in the Country, which Patent wee conceive (under favour) will be made voyde if it be well looked into, so hopinge ever to enjoye protection within your jurisdiction Wee shall ever pray. William Wentworth, Tho. Beard, Jaraes Eawlins, Peter Coffin, John Godard, Ealph Hill, WUUam Pemfrett, Henry Tehut, Constabell, John Dande, The mark f of Tho. Layton, Richard Waldern, The mark X of Tho. Caney, HatteevU Nutter, Y' mark % of Thomas Wells, Ambrose Gibbins, Y= mark § ef Tho. Stevenson, Edward Starbuck, Y= mark "jf ef WUliam Beard, WUliam Furbur, John W , John Ault, Eichard Yorke his marke || James Newtt, The mark of J HenryLankster Jonas Bynns, The mark § of James Bonker, Henry Tibut, John X Herds marke, Val. Hill, Thomas T N Nerthe, marke, Thomas Footman, The marke of Matthew X BUles.* John Bickford, Answered upon Capt Jo. Aliens petition 1654. * Whereas we whose names are here under written are made choice of by the Towne nf Dover and Kittery to lay outt the Devidinge Bounds be- 214 PROVINCE PAPERS. [1654. 10 May, 1654. 4, p. 188. In answer to the request of the inhabitants ef Dover Left. Wm. Pemfrett is appointed and authorised to marry such at Dover as shall be duely published & otherwise fitt to jeyne in marriage according to lawe. Petition from Portsmouth. Oct. 17, 1654. The towne ef Portsmouth preferring a petition for settlinge the bounds between Harapton & theraselves, the courte thinks raeete to referre the issue of the case to coraraissioners, & te that end have chosen Mr Joseph Jewett, Mr Thomas Bradbury & John Saunders, who hereby impowered to examine the matters in difference betweene the townes of Portsmouth & Hampton as touching the Lyne betweene them & te settle the same in such a way as raay by them be judged most meet up pon a full hearing of what shall b6 alleadged in the case, & that they make returne thereof to the next Court of Election, & Mr Joseph Jewett to appoynt the time & place of meeting. C. Eec, vel. 3, p. 439. 18 October, 1654. 4, p. 201. In Norfolke, Eoger Shawe of Hampton — is impowered and ordered to sell wine of any sort and strong licquors to the Indians as to theire [his] judgment shall seeme meete and necessary for their relief, in just and urgent occasions, and not otherwise.tweene the said Towne.?, we have Mutually concluded and agreed that the great Eiver At newiohawanacke shall be and remaine the Devideinge bound betweene the aforesaid Townes, the one half of the said River to Apptaine and belong unto the Towne of Dover on the south, and the other halfe to the Towne of Kittery one the North. In confirmation hereof we have Interchang sett to our hands this 4th of ye 2 mo. [16]54. Nicolas Shaplbi&h, Richard Walden, Edward Starbuck, The mark of Nicolas J Prost, The mark of Richard § Nason, William FrirEBER, Dover Town Rec. A. H. Q. 1664.] FROM MASSACHUSETTS RECORDS. 215 1 November, 1654. 4, p. 210. In answer te the petition of Anthony Stanion, fer the re- raitmant of the forfeiture of his fifty pounds bond for Edward Colcords appearanc at the last County Court at Harapton, the Court judgeth it meet to remitt forty pounds thereof, and orders hira to pay the attorney that prosecuted against Ed ward Colcord in behalf of Thes. Moulton forteen shUlings, &to Thoraas Moulton for hiraselfe & wives attendanc at both Courts, three pound two shillings, and to the widdow Blase- dell for her attendance as before thirty shillings, the other fewer pounds thirteen shillings to raake up the ten pounds he shall pay te the Treasurer fer the charg ef the court. Extract from the Becords of the House of Deputies of Massa chusetts. 1 Nov., 1654. " Whereas it is judged most comely, convenient, and con- ducible te the dispatch of public service, that the deputies of -the General Court sheuld diet together, especially at dinner, it is therefore ordered that the deputies ef the General Court the next ensuing year, viz., 1655, shaU all accordingly dine togeth er, and that Lieut. Phillips, the keeper of the said tavern, shall be paid fer the same by the Treasurer for the time being by discounting the same in the custom of wine, payable by the said Phillips, and that the treasurer shall be repaid by the several towns according to the charges of their respective deputies, with their next country rate, by the same kind ef payment,"' and it is further ordered fer the prevention ef un- ¦* 29, 10th mo. '48. " It is this day ordered by us - - - - who are the prudentiall men for the aff'airs of the Towne, that George Walton shall pay twentie shillings'for evie pipe of wine that can appeare to bee drawn either by him or his appointment to any person or persons whatso ever since the time of his keeping of an ordinary, and shall pay the price of Two pipesand one hogshead of wine since the last Court the sum of fifty shillings upon demand made by us to any person chosen to receive ye same." Dover Town Rec. A. H. Q. 16. 2 mo,. 1655. It is agreed upon concerning setting comfortable main tenance of the ministry of Dover and Oyster River all the rent of the saw mills shall be set aparte into a Towne stocke, with two pence upon the 216 PROVINCE PAPERS. [1655. settledness and other distractions fer the future, that the deputies ef the General Court shall yearly and every year, from time to time, before the dissolving ef the last session thereof, accordingly take some effectual course in this case, in such sort as to theraselves shall seera best, that the deputies of the next succeeding Court may not be occasioned te seek their own settlement in this, and so retard public service ; and its further ordered, that the deputies shall give notice hereof to the deputies that shall be chosen for the succeeding year, from tirae to time. This is passed as an order respecting the House of deputies. An agreement was made with Lieut. Phillips by the deputies new assembled in the General Court, that the deputies of the next Court of Elections shall sit in the new Court charaber, and be dieted with breakfast, dinner and supper, with wine and beer between meals, with fire and beds, at the rate of 38. per day — so many as take all their diet as aforesaid at the said house — but such as only dine, and not sup, to pay 18d. for their dinners with wine and beer betwixt meals, and by wine is intended a cup each man at dinner and supper, and no more." Coll. N. H. Hist. See, 2, p. 228. 31 October, 1655. 4, p. 244. At the request ef the towne of Hampton by theire deputy, itt is ordered that there shall be a markett kept there one day in every week, viz., on the fifth day which is theire lecture day.pound to be rated upon the estates of all the inhabitants, and all such es tates so appointed are to be put into the hands of any that shall be chosen tresurer by the said Towne to receive the said, w'ch summ that hath res pect to the Rate is to be paid in money, Beaver, Beife, Poarke, wheat, Pease, Mault, Butter, cheeise, in one or any of these. This order to take place the 25th of June next and to continue one whole year. Dover Town Rec. A. H. Q. 30, I mo. 1657. It is ordered that the debety that shall be chosen for to goe to the generall Cortt shall have theirty shillings for his charges going and coming and his diet borne by the towne all the time of his atendanee at the generall cort and 2s. 6d. ye day all the time of his attendance the cort, all this to stand tell the Towne see ferder case to aliter it. Dover Towne Rec. A. H. Q. 1656.] FROM MASSACHUSETTS RECORDS. 217 23 May, 1655. 3, p. 381. Att the request ef the deputyes ef Salsbury & Hampton, Mr Symonds is appoynted to joyne with Capt Wiggans to keepe the County Courts at Norfolke. Ill, p. 394. In answer to the petition of Mr Thos. Lake in the behalfe ef himselfe & partners for a devision of the land at Squamscot & Dover, it is ordered, that Mr Wra Bartholomew, Mr Sarauel Winslow & Mr Samuel Hall are hereby appoynted & empow ered as a coraittee to goe to Squamscott, & according to the pattents thereof & this order, te make a just devision of that of Squamscott only, & that which hath reference te Dover be respited untill another time, makinge a returne of what they doe to the court ef election fer confirmation. Witchcraft in New-Hampshire — 1656. [N. H. Hist. Coll., I., pp. 225-227.] Complaint of Susannah Trimmings, of Little Harbour, Pascataqua. On Lord's Day 30th of March, at night, going horae with Geedwife Barton, she seperated from her at tho freshet next her house. On her return, between Goodman Evens' and Robert Davis' she heard a rustling in the woods, which she at first thought was occasioned by swine, and presently after, there did appear te her a woman whom she apprehended to be old Geedwife Walford. She asked me where ray consort was; I answered, I had none. She said, thy consort is at horae by this tirae. Lend me a pound of cotton. I told her I had but two pounds in the house, and I would not spare any to my mother. She said I had better have done it ; that ray sorrow was great already, and it should be greater — for I was going a great journey but should never corae there. She then left me, and I was struck as with a clap of fire on the back, and she vanished toward the water side, in my apprehension in, the 218 PROVINCE PAPERS. [1656. shape of a cat. She had on her head a white linen hoed tied under her chin, andhtfr waistcoat and petticoat were red, with an eld green apron and a black hat upon her head. Taken upon oath, 18th April, 1656, before Bryan Pendleton, Henry Sherburne, Renald Fernald. Her husband (Oliver) says, she came home in a sad condi tion. She passed by me with her child in her arras, laid her child on the bed, sat down upon the chest and leaned upon her elbow. Three tiraes I asked her how she did, — She could net speak. I took her in ray arras and held her up, and repeated the question. She forced breath, and soraething stepped in her threat as if it would have stopped her breath. I uhlaced her clothes, and soon she spake and said. Lord have mercy upon rae, this wicked woraan will kill rae. I asked her what woraan. She said, Geedwife Walford. I tried to persuade her it was only her weakness. She told rae no, and related as above, that her back was as a flame ef fire, and her lower parts were as it were numb and without feeling. I pinched her and she felt not. She continued that night and the day and night following very ill, and is stUl bad of her limbs and complains still daily ef it. Sworn as above. A witness deposed, June 1656, that he was at Goodman Walford's 30th March 1656, at the time mentioned by Mrs. Trimraings, and that Geedwife Walford was at horae till quite dark, as well as ever she was in her life. Nicholas Bowe, testified that Jane Walford, shortly after she was accused, carae to the deponent in bed in the evening and put her hand upon his breast se that he could not speak, and was in great pain till the next day. By the light of the fire in the next roora it appeared to be Goody Walford, but she did not speak. She repeated her visit about a week after and did as before, but said nothing. Elisa Barton, deposed" that she saw Susannah Triramings at the tirae she was ill, and her face was coloured and spotted with several colours. She told the deponent the story, who replied, that'll was nothing but her fantasy; her eyes looked as if tbey had been scalded. 1656.] FROM MASSACHUSETTS RECORDS. 219 John Puddington, deposed, that three years since Geedwife Walford carae to his mother's — She said that her own husband called her an old Witch ; and when she came to her cattle, her husband would bid her begone, for she did overlook the cattle, which is as much as to say in our country, bewitching. Agnis Puddington, deposes, that en the llth ef April, 1656, the wife ef W. .Evans came te her house and lay there all night; and a little after sunset the deponent saw a yellowish cat; and Mrs. E. said she was followed by a cat wherever she went. John came, and saw a cat in the garden — took down his gun to shoot her; the cat got up on a tree, and the gun would not take fire, and afterwards the cock would not stand. She afterwards saw three cats — the yellow one vanished away on the plain ground : she could not tell which way they went. John Puddington testifies te the same effect. Three ether deponents say, they heard Ebz. the wife of Nicholas Rowe, say, there were three raen witches at Straw berry Bank, one was Thomas Turpin who was drowned; another, eld Ham, and the third sheuld be " nameless, because he should be blameless." Geedwife Walton was bound over to the next Court. Court of Associates, June, 1656. Jane Walford being brought to this court upon suspicion ef being a Witch, is to continue bound until the next court, te be responsive. This complaint was probably dropped at the neoct term. Geed wife Walford brought an action of slander in the County Court, 22d March 1669, against one Robert Coutch, and laid her daraages at one thousand pounds. Declaration in an action of slander for saying that the said Jane was a Witch, and he could prove her one, which is very greatly to her daraage. Verdict for plaintiff, Walford, five pounds and costs of court.'^ *The first execution for witchcraft in New-England, was in 1648. "At this [General] Court one Margaret Jones of Charlestown was in dicted and found guilty of witchcraft and hanged for it. The evidence against her was, I, that she was found to have such a'malignant touch, as many persons (men, women, and children) whom she stroked or touched with any aflTection or displeasure, or etc. were taken with deafness, or vom iting or other violent pains or sickness; 2, she practising physic, and her 220 PROVINCE PAPERS. [1656. May 6, 16.56. To the Honored the Generall Court now assembled in Boston. The petition of the Inhabitants of the town of Dover. That whereas the welfayre of any society, whether exlesias- ticall er politicall doth much depend upon the upholding ef an able ministry, the principall means for the well carrying whereof is the settleraent of a people in theire just Preprietyes fer which end your hurable petitioners have according te their utmost endeavours engaged £170 per annum for the mainte nance thereof In which undertakinges they find no small discouragement frora sorae certen clames & devissions of Pattents grounded up on sorae former Act ef this Generall Court which as they apprehend takes away their Just rights & consequently dis enables them from their continued upholding ef the ministry amongst them. Our humble request to the Honored Court is that you would take our case into your wise and serious consideration, soe as to deterraine a just settlement of our Interest & a removaU of medicines being such things as (by her own confession) were harmless, as aniseed, liquors, etc., yet had extraordinary violent efl'ects ; 3, she would use to tell such as would not use her physic, that they would never be healed, and accordingly their diseases and hurts continued, with relapse against the ordinary course, and beyond the apprehension of all physi cians and surgeons ; 4, some things which she foretold came to pass ac cordingly ; other things she could tell of (as secret speeches, etc.) which she had no ordinary means to come to the knowledge of; 5, she had, upon search, an apparent teat in her secret parts, as fresh as if it had been new ly sucked, and after it had been scanned, upon a forced search, that was withered, and another began on the opposite side ; 6, in the prison, in the clear day-light, there was seen in her arms, she sitting on the floor, and her clothes up, etc. a little child, which ran from her into another room, and the officer following it, it was vanished. The like child was seen in two other places, to which she had relation ; and one maid that saw it, fell sick upon it, and was cured by the said Margaret, who used means to that end. Her behavior at her trial was very intemperate, lying noto riously, and railing upon the jury and witnesses, etc. and in the like dis temper she died. The same day and hour she was executed, there was a very great tempest at Connecticut which blew down many trees etc " Winth., 2, p. 397. 1656.] FROM MASSACHUSETTS RECORDS. 221 future in these respects which otherwise we feare will endan ger (if not by your care speedily prevented) the exterpation of both church & common weale amongst us. Yours in all service to be commanded. In the name & be halfe of the Towne. Eichard Walderne. 14 May, 1656. 4, p. 226. In answer to the petition ef the towne of Hampton for more full satisfaction and for prevention ef further discord betweene the townes of Salisbury & Hampton it is ordered that Mr Samuell Dudley with the former comittee, er any two of them shall againe consider ef the case, and heere the aUegations of both parties and present a retourne with a plat drawne & signed by sorae artist at the next session ef this court, with theire full determination & explanation of the line between the said townes, the charg thereof to be borne by Hamption. May 22, 1656. We whose names are hereto subscribed according te an or der of the honored Generall Court in November 1655, appoint- inge us to make a first devision of the Pattent of Swamscott doe thus make our returne. When we come to peruse the Pattent we found it to extend for the length of it from the lower part of the River Pascata quack on the south side of said Eiver unto the falls of said Eiver at Exeter, & for breadth along the said Eiver 3 miles from the falls ef the head lyne for the breadth of it, which head lyne we run upon a southeast poynt of the compass which ended three quarters ef a raile beyond Aspe brooke towards Harapton about 40 pole beyond or below the high way where we marked a great red oak on fowre sides. 2dly. From the said head lyne we measured for the length on the Northeast poynt of the Compass 6 miles & a halfe the which extended te that part ef the bay near Winicett River. 3dly. We measured a second cross line for breadth beginning at Squamscott house extending it 3 miles upon the south east poynt where we did mark several pine trees. The rest of the 222 PROVINCE PAPERS. [1656; land belonging to the Pattent about & below the great bay we understood to be irapassable as to measuringe by reason of the exceedinge thick swaraps ; but we took the best inforraation we raight of divers & severaU inhabitants ef the great Bay & Straberry Banke & their reports agreed viz., that from the lower part of the bottom of the Bay neere Capt. Champoun's house to the Eiver neere the Boyling Reck or thereabout aU the neck of land within that Lyne unto the little Bay Con- tayninge as neere as raen of best experience can inferrae about 4 railes square being all within the Pattent. And whereas from the easterly part ef the great Bay, being a part ef the river, we should have measured 3 miles into the land we find in that place by credible information the land so narrow te the seaward that we can allow no raore according te the intent of the Pattent as we understand it than one mile and a halfe to be run from each poynt of the bottom of the Bay upon an easterly line into y" land. To the matter of service appoynted unto us by the Generall Ceurte concerning divissien ef the Pattent, we finding the present owners to be of three sorts er ranks we have therefore agreed to make three severaU divissiens. The first division being 8 shares & one quarter belonging to Mr Nathaniel Gard ner, Mr The. Lake & partners, we assign and lay out to them all the land frora Bloody Point unto the boyling Rock for breadth or thereabouts & for length extendinge to the lower lyne ef the raiddle devission which is about 40 pole frora Sandy Poynt & so the lyne running Southeast 3 miles in the, land as also the land lying upon the bottom of the great Bay, being or extendinge one mile & halfe frora every part of the bottom of the bay upon an east'ly lyne into the woods in which di vision of the land & marsh graunted unto Dover by the gen erall Court shall be & remayne to tiiem forever viz., the land frOm Kinges Creeke to a certain Cove neere the mouth of the great Bay caUed Hogstye Cove with all themarBh from that place round about the bay up te Cotterills Delight with 400 acres ef upland as it graunted by the Court, bounded layd out and possessed by the inhabitants of Dover with 50 acres ef upland more about or neere the great Bay with 50 acres to 1656.] FROM MASSACHUSETTS RECORDS. 223 be layd out and disposed of by Capt. Richard Walden to sorae of the inhabitants ef Dover, whora he sees fitt. The second division being 8 shares & one quarter belonging to Capt. Thoraas Wiggan & partners, who have purchased & obtained the same, we assigne & lay out 3 miles square begin ning at a plump of trees standing en a peece of old planting land about 40 poles below Sandy poynt, & up the river upon a streight line toward Exeter, the River being the bounds of it on the North side & at each end to run a lyne upon the south east poynt of the Compass 3 miles into the land there to bound it en that side. Provided that Capt Tho Wiggan pay unto the ether two thirds the sum of £66 13s 4d according te their shares and proportions in boards within 6 months if de manded which he is to pay at either ef his saw-mills in Pas cataquack river. To the third division being 8 shares & one quarter belonging to the Shrewsbury men, to which we assigne & lay out all that land frora the upperraost lyne of the raiddle division to the raouth of the Creeke called Mr Wheelwrights creeke, the same te run 3 miles towards Hampton upon a southeast lyne all the land between this lyne & Exeter falls to the full extent of the Lyne to ly[e] to Exeter, being graunted to thera by deed of gift by Capt. Wiggan sele agent fer the Corapany. The Court allows & approves of the ( Samuel Winslow, returne of this Committee as is here -^ Wm Bartholomew, exprest. (. Samuel Hall. Squamscott. Propositions to the Hen" Gen'll Court the 22d of the 3d me 1656, for settHnge & fully endinge the long continued differ ences between the Pattentees of Squamscott & Dover & the neibor townes. 1. For the furtherance of the same, Capt. Tho. Wiggan k Thomas Lake freely surrender & give up all their interest & titUe & clayrae in the lands of the Pattent called Winnicahan- natt, or Hilton's poynt unto the inhabitants of Dover forever. 224 PROVINCE PAPERS. [1656. exceptinge all the lands and bowses, which the owners im proved at Dover in their planting fields, which is about 16 acres more or less which reraaynes to the sayd owners their heirs & assignes forever. 2. That the Court grannt & give unto the third devision of Squarascott layd Qut te Mr Nathaniel Gardner, Thoraas Lake & partners ef that devision 4125 acres of land to be layd out to thera or their assignes either to them together or to each part or share 1000 acres, theire being 8 shares and J in that division. 3. That the charge of the division is 20£. 4. Whereas in the first division layd out to Mr Gardner & Thomas Lake there is much lands in the possession of Strabery bank, which is still in difference — That the Court will impow er sorae Commissioners with full power te end all differences whatsoever between the said town of Strabery Bank & owners as also between Hampton & them, the said owners of the first division. Thomas Wiggan, Thomas Lake. The Court judged meet to accept of the surrender here ex prest, and do grant what is desired te the gent, as is mentioned herein & doe order that Maj. William Hathorne Mr Wra Bar tholomew & Mr Samuel Hall shall be and hereby iare impow ered and authorized by the Generall Court as Commission ers to (determine & conclude) treat with the inhabitants ef Hampton & Straberry bank & on a fuU hearing to determine & conclude what they judge meet to be given by the townes & accepted ef by the person, & to make their returne to the next Court who are to be allowed for their paynes at the Charge of the parties as the Commissioners shall judge. C. Eec, vol. 3, pp. 108, 109. May, 1656. 3, p. 403. In answer to the petition of the towne of Hampton, for settlinge of the boundes betwixt thera & Salsbury, this Court orders fer a more full satisfaction, & preventing of further dis cord between the townes, that the former Comittee, er any two of them, together with Mr Dudley, dee agayne consider of the case, & here the alegations of both partyes, & present a 1656.] FROM MASSACHUSETTS RECORDS. 225 returne with a plat drawne & signed by som artist at the next session of this Court, with their full determination and ex planation of the line between the s* townes, & the charges to be borne by Hampton only. Oct. 14, 1656. Several of the inhabitants ef Norfolk desiring to list them- eelves fer troops, and to begin to rayse a troop of horse in that County have their request granted & they to enjoy the privi ledges of Troops, provided their numbers and furniture be sufiicient according to law. C. Eec, vol. 3, p. 190. 14 October, 1656. 3, p. 420. There having bin heretofore an order of this Court, appeint- ynge severall comissioners to settle the bounds between Hamp ton & Salsbury, which is not yet effected, the s* comissioners not appearinge, that a fiuall issue may be put thereunto, this Court deth appoynt Capt Brian Pendleton, Mr Georg Gittens Eobt. Lord, & Ensign Hewlett, or any three ef them, to settle all differences between the two townes, in reference to their bounds according to the last order of this Gen'U Court, make- inge their returne to the next court ef election. lY, p. 268. Whereas hitherto by appointment the County Court of Dover hath binn kept, begining upon the last Tuesday in June and the Court fer the County of Yorke, begining upon the Thirsday following, for the mere inlargement of time unto the said courts, it is ordered, that Dover Court shall beginne as before, and the Courte for Yorke on the Monday following and that Capt. Thomas Clarke shallbe assistant with Capt. Thomas Wiggins this yeare to keepe the County Courts of Yorkshire & Dover. ^' 15 226 PROVINCE PAPERS. [16-56. Quakers. 14 October, 1656. 4 (Ist), p. 277. Whereas there is a cursed sect of hereticks lately risen up in the world, which are comraonly called Quakers, who take upon thera to be iraraediately sent ef God, and infallibly assist ed by the spirit to speake & write blasphemouth opinions, de- pising government & the order of God in church & cemen- wealth, speaking eviU ef dignities, reproaching and revUing magistrates and rainisters, seeking te turne the peeeple from the faith, & gaine proselites to theire pernicious waies, this Court, taking into serious consideration the premises, and to prevent the like mischiefe as by theire raeans it wrought in our native land, deth hereby order and by th© authoritie ef this Court be it ordered and enacted, that what master or comander ef any ship, barke, pinnace, catch, or any ether ves sell- that shall henceforth bring into any harbour, creeke or cove within this jurisdiction any knowne Quaker er Quakers, er any other blasphemous hereticks, as aforesaid, shall pay, or cawse to be paid, the fine ef one hundred pounds to the Tres urer of the countrie, except it appeare that he wanted true knowledge or information of theire being such, and in that case he hath libertie to clear himself by his oath when suffi cient proofe to the contrary is wanting, and for default of pay ment, or good securitie fer it, shall be comraitted te prison, & there to continew till the said sorae be sattisfied to the Tres urer as aforesaid, and the coraander ef any such ship or vessell that shaU bring thera, (being legally convicted) shaU give in sufficient security to the Governor, er any one or raere of the magistrates who have power to determine the same, to carry them back te the place whence he brought them, and on his refusall so to doe, the Governor er one or raere of the raagis trates, are hereby irapowered to issue out his or theire war rants, te comitt such master er comander to prison, there te continew tUl he shall give in sufficient security te the content of the Governor or any of the magistrates as aforesaid. And it is hereby further enacted and ordered, that what Quakers soever shall arrive in this countrie from forraigne parts or come into this jurisdiction from any parts adjacent, shall be 1657.] FROM MASSACHUSETTS RECORDS. 227 forthwith comitted te the house of correction, and at theire entrance te be severely whipt, and by the master thereof be kept constantly to work, & none suffered to converse er speak with them during the time ef theire imprisonment which shall be no longer than necessitie requireth. And further it is ordered, if any person shall knowingly im port into any harbor of this jurisdiction any Quakers bookes or writings concerning theire divilish opinions, shall pay for every such boeke er writing, being legally proved against him or them, the some of five pounds, and whosoever shall disperse or conceal any such boeke er writing and it be found with him or her, or in his or her house, and shall net imediately deliver the sarae to the next magistrate, shall ferfeite and pay five pounds for the dispersing er concealing ef every such boeke or writing. And it is hereby further enacted, that if any per son within this colonie shall take upon thera te defend the heretticall opinions ef the said Quakers, or any of theire books or papers as aforesaid, ex animo, if legally prooved shallbe fined fer the first time, forty shillings ; if they persist in the same and shall so againe defend it, the second tirae fower pounds, if still, notwithstanding, they shall againe se defend & maintaine the said Quakers heretticall opinions, they shallbe comitted te the bowse of correction till there be convenient passage for them to be sent out of the land, being sentenced by the court of Assistants to banishment. Lastly, it is hereby ordered, that what person er persons soever shall revile the office er person of magistrates or rainisters, as is usuall with the Quakers, such person or persons shallbe severely whipt, or pay the seme ef five pounds. This order was published 21, 8me. '56, in several places of Boston, by beate ef drumme. 6 May, 1657. 3, p. 431. Capt. Rich. Walden, a deputy fer Dover, having urgent oc casion, upon his request is dismist the Court. Ill, p. 438. Whereas the lands & proprieties of the honord Capt Wiggin, hath not hitherto bin brought within the lymitts of any towne, 228 PROVINCE PAPERS. [1657. nor bin lyable to pay taxes & assessraents as others of our honored magistrates have dene, it is therefore ordered by this Court, that henceforth the new dwelling house of the said Capt. Wiggan, together with all the lands & preprietyes there to apperteyning shall belenge te the towne of Hampton & by the select men of the e^ town to be assessed in all rates accord ing to law, any custom or usag te the contrary notwithstand ing, & that for the tyme past he allow only the sume of 511 to the publick treasury. 6 May, 1657. 4, p. 297. In answer to the petition of severall inhabitants of Ports mouth, it is ordered in answer te this petition for the setling of a minister, as also the meeting bowse at Portsmouth,* and fer prevention of further inconveniences touching the same, that the petitioners nominate and choose one man, the rest ef the inhabitants another, and the County Court at Do ver a third, who are hereby authorized to goe on the place, and to heare what en both sides shall be aUeadged in the pre mises, and determine the same as they shall judge best con ducing to the peace and welfare of the towne ; and in case the parties shall refuse to proceed to choose as above is exprest, then it is referred to the said County Court at Dover to make such order therein as they shall judg best conducing to that end & cawse retourne to be made te the next Court. * "On the 27th day of August, the town empowered Bryan Pendleton, John Cutt, Richard Cutt, William Seavey, and Henry Sherburne, the Se lectmen, to build a new meeting house, which they accordingly erected two or three rods to the southward of the mill-dam, on the crotch of the roads leading to the pound and Frame-point." " The inhabitants voted to give a call to Mr. Wosier to settle with them in the ministry, in case they could agree with him after he had made a visit and preached there." It is uncertain whether he ever preached there. 1658. " Joshua Moody began his ministerial labours in this Town, the beginning of this year. He was at flrst supported by subscription, eighty-six persons having subscribed for that purpose." Ad. An. Ports mouth. 1657.] FROM MASSACHUSETTS RECORDS. 229 15 May, 1657. 4, p. 307. We, whose names are under written, being appointed by the Generall Court te lay out two hundred acres of land for Mr Edward Rawson, secretary, have donne accordingly as follow eth : on the east side of Quochecho Eiver, we have ordered one hundred acres, beginning at a beech tree neere the river, marked as in the margent, and from thenc te runne northward fouer score rod, and from the marked tree eastward two hun dred rods, and one hundred acres on the west side the river, a little below the Indian path, beginning at a white pyne marked as aforesaid, and from thence te runne southward, but could not further determine untill Dover hath layd out their bounds- The above path lyeth about three miles above Peter Cefyns house. Dated this 4th May, per us, — Bryan Pendleton, Peter Cofpyn. Quakers. 15 May, 1657. 4, (p. 1st), p. 308. Att a Generall Court, held at Boston, 14th ef October, 1657. The Court mett againe at the time appointed. As an addition to the late order in reference to the coming or bringing in any of the cursed sect ef the Quakers into this jurisdiction, it is ordered that whosoever shall from henceforth bring or cause te be brought directly or indirectly, any knowne Quaker or Quakers, or ether blasphemous hereticks into this jurisdiction, every such person shall forfeitt the sorae ef one hundred pounds to the countrie, and shall by warrant frora any magistrate be comitted te prison, there te remain till the penalty be satisfied and paid; and if any person er persons within this jurisdiction shall henceforth entertaine and con- ceale any such Quaker or Quakers, or ether blasphemous hereticks (knowing thera so to be), every such person shall ferfeite to the countrye forty shillings for ever hewers enter tainment and concealment of any Quaker er Quakers as afore said, and shaU be comitted to prison as aforesaid till the forfeitures be fully sattisfied and paid. And it is further or- 230 province papers. [1657. dered, that if any Quaker or Quakers shall presume, after they have once suffered what the lawe requireth, to come into this jurisdiction, every such male Quaker shall, fer the first effenc have one ef his eares cutt off, and be kept at worke in the howse of correction till he cann be sent away at his owne charge, and fer the second effenc shall have his other eare cutt off, &c., and kept at the house of correction as aforesaid; and every woman Quaker that hath suffered the lawe heere that shall presume to come into this jurisdiction, shall be severely whipt, and kept at the bowse of correction at work till she bo sent away at hir owne charge, and so also for hir coming again she shall be alike used as aforesaid; and for every Quaker, he or she, that ahall a third time herein againe offend, they shall have theire toungues bored through with a hot iron, & kept at the house of correction, close to worke, till they be sent away at theire owne charge. And it is further ordered, that all and every Quaker arising frora amongst ourselves, shall be dealt with & suffer the like punishment as the lawe provides against forreigne Quakers. 23 October, 1657. 4, p. 314. In answer te the petition ef Major Gen'U Daniel Dennisen desiring that the five hundred acres of land graunted to him by this Court to be laid out on Cenecticott River in two placesj may be graunted him to be laid out te hira either at Penna- quooke on either side of the Merremacke River, or neere Pa- corasickqucke about 3 or 4 miles beyond Merremack River, about sixe or eight raUes below Patucket, as he shaU flnd most convenient for him to choose, the Court graunts his request provided it hinder no former graunts. 23 October, 1657. 4, p. 316. Wee, whose naraes are here unto subscribed, being appoint ed by the honnored GenraU Court te consider and determine the bounds betweene the two tounes ef Harapton and Salis bury, we having binn upon the lands in difference betweene the said townes, and having heard the aUegations on both sides, doe, according to our best light and understanding, de- 1657.] FROM MASSACHUSETTS RECORDS. 231 termine after due observation ef all former orders, as follow eth, viz : That the bounds betweene the two townes mencioned towards the sea is to be upon a streight lyne beginning at the midle ef Hampton River mouth, and running upwards unto a marked tree, being and standing at the uppermost corner of the farme coraenly called Mr Batchilers farrae, the said lyne to runne upon a west north west pointe of the compass nearest, and the said line being so runne by both tounes, & raarked out according as Capt Shapleigh hath new drawne the platt. Wee agree, upon consideration ef all pleas, that the toune of Salis bury shall have and enjoy thirty acres ef marsh on the north side ef the said line, towards Harapton, at the lower end ef the said Une, to be laid out by both tounes and adjoyning te the Une. Also fer the upper line into the woods wee deter mine that the line shall runne from the marked tree before mencioned upon a west and by north line, nearest according as Captaine Shapleigh hath given in the line of the treading of Merremacke River, the which wee conclude to be the bounds betweene the said two townes, unto their utmost extent to wards Haverill. Wee doe further declare, that what marsh the towne of Sahsbury hath laid out to any ef theire inhab itants that shall fall within the lyne above menconed, towards Hampton, they shall enjoy, and so much more as shall make up the whole thirty acres, te be laid out belewe the proprie ties if there to be found, er els above, joyning to the line; and this wee give as our deterraination in the business to us com itted, concerning the premises. Wittnes our hands this 3d day of the 5th mo. 1657. John Apleton, Joseph Medcalf, Wm. Bartholomew, Dan. Pearse. It is ordered, that the retourne of the comittee above men cioned which this Court aUowes & approves ef, shall stand & be a finaU deterrainiation of the case in controversie betweene the two townes. 232 PROVINCE PAPERS. [1658. May 19, 1658. Whereas inforraation hath been given to this Court that sev erall of the soldiers at Portsraouth dee apprehend themselves net under the comraand of their Coramander according te the law of this Jurisdiction, but accompt themselves at liberty so as te trayne when they please. This Court thinks meete to de clare that the Seuldgers of the Towne aforesaid, & all ethers lying within the extent of our Lyne are subject to the same way and order of discipline with ourselves & ought te attend theire owne Commanders therein, & in case of any remissness therein to be lyable to the sarae fines as ourselves in the law expressed. C. Eec, vol. 4, p. 282. 19 May, 1658. 4, p. 329. It is ordered, that the inhabitants of Portsraouth shall at tend all military service under the comand ef Capt. Brian Pen dleton, according to the lawes ef this jurisdiction ; and further, it is declared, that this Court doth expect that all the inhab itants of Pascataqua doe attend the observance of our lawes, in particular those concerning the selling of strong liquors, and good order to be kept in ordinaries, and that the Court comissioners and officers there to take speciall care therein. Commissioners power, &c. Whereas some comijlaints have been brought into this Court by the inhabitants of the ether side ef the River of Piscata qua of divers disorders & inconveniences, which do daily arise for want of Governraent being orderly settled te the furthest extent ef our lyne in the Easterne parts, It is therefore ordered by the authority of this Ceurte that Mr Samuel Symonds & Capt. Thomas Wiggins being joined with the County Court ef York, or any three ef them, shaU have Commission graunted unto them & as full power thereby given them to take the residue of the Inhabitants residing within our lyne as hath bin graunted to former Coraraissioners in the like cases, to which purpose the Commissioners aforesaid are to repaire to Black 1658.] FROM MASSACHUSETTS RECORDS. 233 Point, Richmond Island & Casco, or to seme such one place within the County ef York as they shall judge meete, there to take in the inhabitants thereof into our Jurisdiction. And whereas further complaint hath binn exhibbited to this Court of Inconvienencyes which dee coramonly arise in Saco & sorae other places in the County of Yerke through the weakness of their Towne Coraraissioners for want of sorae person er per sons te joyne with thera in Coraraission fer the better manage ment ef these affayres, It is therefore ordered that the afore said Commissioners shall have full power as they judge meete to Confirme such person er persons as the said Towne or Townes shall present, te be Assistants te the said Towne Com missioners from time te tirae in their Judiciall Affaires. C. Eec, vol. 4, p. 282. IV, p. 348. Itt is ordered that Capt Thomas Wiggin shall and hereby is impowered to administer the commissioners oath to Capt. Bri an Pendleton, Henry Sherborne, & Elias Stileman for this yeare, when they repaire te hira, signifying under the consta bles hand the legaUity of theire choice for that end for the towne of Portsmouth. IV, p. 350. Itt is ordered by this Court and the authoritie thereof, that the Comissioners of Dover and Portsmouth, & Yorke, shall annually choose sorae meete persons in their several townes to levy the sumrae of seventeene pounds tenn shiUings, paya ble to the countrie Tresurer as also for the arrears that are behind since the order was raade fer the payment thereof; and that all the inhabitants te the eastward of Exeter bounds, with Mr Hiltons plantation, shall be accounted within this county & for the county ef Yorke, to take in all the inhabitants, ex cept those of Scarborough and Falmouth.* *19: 2. [I6]58. Voeted at theis Publick meeting, that this order follow ing shall Bee an instrucktion for our Debetey, that is to saye, our Debetey Capt. Richard Wallden shall not consent to the passage of anie Ackt con- serning the infringing of our preveledges concerning customes or the Bever traid or anie preveleges wich formerly we have Injoyed, but shall Enter his dissent Against all such ackts as shall or may take away our 234 PROVINCE PAPERS. [1659. 1659, 18 October. 4, p. 382. Left. Christopher Hussie fer Hampton em powered to joyne in marriage such persons within their re spective lymitts as shall desire the same— being published ac cording to lawe. Quakers. 18 October, 1659. 4, pp. 383-4. Itt is ordered that Wm. Eobinson, Marmaduke Stephenson, & Mary Dyer, Quakers, now in prison fer theire rebeUion, sedi tion & presumptuous obtruding theraselves upon us, notwith standing theire being sentenced to banishment en paine ef death, as underminers ef this government, &c. shall be brought before this court for their trialls te suffer the penalty of the lawe (the just reward of theire transgression), en the morrow morning, being the nineteenth of this instant. Wm. Eobbinson, Marmaduke Stephenson, & Mary Dyer, banished this jurisdiction by the last Court of Asistants on paine of deathe, being committed by order of the Generall Court, were sent for, brought to the barre, acknowledged theraselves to be the persons banished. After a full hearing ef what the prisoners could say for theraselves, it was put to the question, whither Wra. Eobbinson, Marmaduke Stevenson, & Mary Dyer, the persons new in prison, who have binn convict ed for Quakers, & banished this jurisdiction on paine of death should be putt te death according as the lawe provides in that case. The Court resolved this question in the affirmative ; and former Riet [right?] and that our debetie doe Bring all such lawes as are macked at this Cortt as other Debeties doe. Dover Town Rec. A. H. Q. 5, 2 mo., 1658. At a publique Towne Meetinge held the 5 : 2 mo. 58. It is agreed by ye selectmen together with ye Towne, that Twenty pounds pr annum shall be yearly rayzed for the mayntenance of a Shool- master in the Town of Dover, that is to say for the teachinge of all the children within the Township of Dover, the said schole master having the Privelegde of all strangers out of the Township aforesaid : the sd Master also to have to reid, write, cast accompt - - - as the parents shall require. Dover Town Rec. A. H. Q. 1659.] FROM MASSACHUSETTS RECORDS. 235 the Governor, in open Court declard the sentanc to Wm Eob binson, that was brought to the barr. Wm Robinson, yew shall gee from hence te the place from whence you carae, & from thence te the place of execution and there hang until yew be dead. The like sentanc the Governer, in open Court, pronounced against Marmaduke Stephenson & Mary Dier, be ing brought te the barre one after another, in the same words. Whereas Wm. Eobbinson, Marmaduke Stephenson & Mary Dier are sentenced by this Court te death fer theire rebellion &c, it is ordered, that the Secretary issue out his warrant to Edward Michelson, marshall generaU, fer repairing te the prison on the twenty seventh of this instant October, & taek the said WilUam Robbinson, Marmaduke Stephenson & Mary Dyer into his custody, & them forthwith, by the aide of Capt. James Oliver with one hundred souldiers, taken out by his order proportionably out of each company in Boston, cora- pleately armed with pike, & musketteers, with pouder and bullett, te lead them te the place of execution, & there see them hang tiU they be dead, and in theire going, being there, & retourne, to see all things be carried peaceably & orderly. Warrants issued out accordingly. It is ordered, that the Reverend Mr Zachery Simes & Mr John Norton, repaire te the prison, & tender theire endeavours to make the prisoners sencible of theire approaching dainger by the sentence of this Court, & prepare them for theire ap proaching ends. Whereas Mary Dyer is condemned by the Generall Court te be executed for hir offences ; en the petition ef William Dier, hir Sonne, it is ordered that the said Mary Dyer shall have liberty fer forty eight hewers after this day to depart out ef this jurisdiction, after which time, being found therein, she is fcjrtbwith to be executed, & in the meane time that she be kept close prisoner till hir senne er some ether be ready to carry hir away within the aforesaid tirae ; and it is further ordered, that she shall be carried to the place ef execution, & there te stand upon the gallowes, with a rope about her necke, till the rest be executed, & then to retourne to the prison & remaine as aforesaid. 236 PROVINCE PAPERS. [1661. 12 November, 1659. 4, p. 404. Upon a motion made to this court in refference te the keep ing ef Hampton Court, it is ordered, that Major Humphrey Atherton be joyned with Mr Eussell & the rest of the magis trates appointed to keepe the said court at the tirae appointed. 1660, 31 May. 4, p. 425. In ans' te the petition of the inhabitants of Oyster Eiver, it is ordered, that Major Atherton joyne with Capt Wiggens in keeping the next County Court at Strawbery Banke & Yorke, and that he, w"' the rest of the coraissioners joynd with him for exaraining & settleing the respective interests & rights of Mr Foxwell, Jourdan & Phillips, dee heare, exaraine, & deter mine the raatter in defference betweene Dover & Oyster Eiver, and that all parties concerned therein doe attend the same at Strawbery Bancke, at the aforesaid court, and that any three ef the comissioners. Major Atherton being one, be impowered to act in all the premises. 1661. To the Bight Worshipfull and much honored Generall Court now assembled at Boston, the complaint of severall persons whose names are underwritten to which many others might be added if desired. Hurably sheweth. That whereas it hath been much observed and a long time taken notice ef, that Edward Colcord, a raan neteriously hath raany years vitiously lived, to hiraself, and disorderly towards others, what by vexatious suits and fraudulent dealings in severall respects, by cheating and cozening, by wresting mens estates out of their hands, by coUer of law, by revileing their psons, by fomenting of strifes, by raising discord among neighbors, by false swearing before a court, by takeing aU advantages te insure raen, whereby to get something fer hiraself, it may seem strange, that this man hath runn this 1661.] FROM MASSACHUSETTS RECORDS. 237 course, without any restraint, unlese being debarred from pleading & being made incapable of giving in testimony, but what by his fair speeches deluding many by subtile contrivan ces and underhand practices he hath hitherto evaded the hand of justice, the time was, that proceeding se farr as te lash out against the Worshipfull Captaine Wiggin in casting foul slan ders upon him, there was an intent by some to have wrought out these villaines to a before authority, which the same Edward Colcord fearing and foreseeing his condign punish ment, made an escape and rann away from the town wherein he hved, & the places adjacent quickly perceived bj- their peace and quietness what a blessing it was te be freed from such an incendiary, hee travelling from place to place till every place was weary of hira, supposing that by length ef tirae in juries raight be forgotten and the heat ef our spirits somewhat allayed, he returned again & fer a short season applied himself te seme orderly living ; but a man habittuated in all manner of wickednesse is not so easily reclaimed, he taking up his former wont persisting in the same and that nothing might be wanting to fill up his measure, he hath anew vilified the chiefest ef our magistrates and abused them by opprobrious terms. The subscribers to this complain having a deep sense ef these mischiefs and expecting ne end therof from hira, that their . might be secured and the names goods of other pre served, have drawne forth a pertrature or charge of this Col cord & present to the wise of that much honored Court, not knowing any other way reraedy ef the aforesaid evils. The subscribers hereunto will be ready to make good what charges are given in this complaint. Thomas Coleman, Thoraas Ffilbrook, Timothy Dalton, WiUiam Ffiffield, John Brown, Humphrey WUson, John Will Fful William Godfrey, Eobert Nam— ? Eobert Tuck, [Hampton, 1661.] His. Mem., No. 97. A. H. Q. 238 PROVINCE PAPERS. [1661. 22 May, 1661. 4, pt. 2, p. 11. In answer te the petition ef several inhabitants of Hampton, complayning ag* Edward Colcord for scandelous living by cheating & cousening, vilefying magistrates, &c, as in the s* petition is exprest, the Court judgeth it meete to referr the examination of the complaint te the County Court at Hamp ton, & if by due proofs found te be true, they are empowered- to punish him according to his deraeritts. Att the Court held at Hampton, y= 8th, 8th mo. 1661, upon the coraplaint preferred against Edward Colcord at the Gen eral Court & referd to this court to hear and deterraine — This Court having found hira guilty ef many notable misderaeanors and criraes, some ag' Authority and some ag' persons in authority, some cheeting of men in their estates, sorae in caus ing needlesse and vexatious suits in law & other disturbances araong the people : He is sentenced as followeth, viz., to pay a fine of five pound te y'= Treasurer ef this County; 21y to bee comraitted to the house of correction att Boston, not theare to be discharged, unless there bee bond taken te the vaUue of with sufficient sureties for his good behaviour, and to prticular that hee sue no raan at any tirae hereafter without putting in good security to satisfye y" partie sued what shall be recovered of hira by authority frora time te time & costs. This is a true copie taken out of the Records fer Norfolk, as attest. Tho. Bradbury, Rec. The constable is te see these orders ef court forthwith put in execution. Tho. Bradbury, Rec. Hist. Mem., Ne. 97. A. H. Q. Quakers. 22 May, 1661. 4, pt. 2, pp. 3, 4. This Court, being desirous to try all meanes, with as much lenity as may consist with our safety, te prevent the intrusions of the Quakers, who, besides theire absurd & blasphemous dec- trine, doe Uke rouges & vagabonds come in upon us, & have not bin restrained by the lawes already provided, have'ordered that every such vagabond Quaker found within any part of 1661.] FROM MASSACHUSETTS RECORDS. 239 this jurisdiction shall be apprehended by any person or per sons, or by the constable of the towne wherein he er she is taken, & by the constable, er in his absence by any other per son or persons, conveyed before the next magistrate of that shire wherein they are taken, or Comissioner invested with magistratticall power, & being by the said magistrate or mag istrates, comissioner er comissioners, adjudged to be a wander ing Quaker, viz., one that hath not any dwelling or orderly allowance as an inhabitant of this jurisdiction & not giving civili respect by the usual gestures thereof, or by any other way or meanes manifesting himself to be a Quaker, shall, by warrant under the hand ef the said magistrate er raagistrates, comissioner or comissioners, directed te the constable ef the towne wherein he or she is taken, er in absence of the consta ble er any ether raeete person, be stripped naked from the middle upwards, & tied to a carts tayle, and whipped thro the towne, and from thence iraediately conveyed to the constable of the next towne towards the borders of our jurisdiction, as their warrant shall direct, & se frora constable te constable till they be conveyed thro any the eutwardmost townes of our jurisdiction. And if any such vagabond Quaker shaU returne againe, then te be in like raanner apprehended & conveyed as often as they shall be found within the liraitts of our jurisdic tion, provided every such wandering Quaker, having been thrice convicted & sent away as abovesaid & returning againe into this jurisdiction shaU be apprehended and comitted by any magistrate or comissioner as abovesaid to the house of correc tion within that county wherein he er shee is found untill the next Court of that County, when, if the Court judge net meete to release them they shall be branded with the letter E en their left shoulder, & be severely whipt & sent away in manner as before; and if after this he er shee shall returne againe, then to be proceeded against as incorrigible rogues, & ennerays to the comon peace, & shaU iraediately be apprehended & comitted to the comon jayle of the country, and at the next Court ef Asistants shalbe brought te their tryall, & proceeded against according to the lawe made Anno 1658, page 36, for their banishment on payne of death. And for such Quakers as shaU arise from amongst ourselves, they shall be proceeded 240 PROVINCE PAPERS. [1662. against as the former lawe of Anno 1658, page 36, doth pro vide, untill they have beene convicted by a Court of Asistants, & being so convicted, he or shee shaU then be banished this jurisdiction ; & if after that they shall be found in any part of this jurisdiction, then he or shee so sentenced to banishment shall be proceeded against as those that are strainger & vaga bond Quakers in manner as is above expressed. And it is fur ther ordered, that whatsoever charge shall arize about appre hending, whipping, conveying or otherwise, about the Quakers, to be laid out by the constables ef such townes where it is expended, & to be repaid by the Tresurer out of the next country levy ; & further, that the constables of the severall townes are hereby empowered from time to time, as necessity shall require, to irapresse cart, oxen, & other asistance for the execution ef this order. 22 May, 1661. 4, pt. 2, p. 8. For the better settling of order in the Isle of Shoales, it is ordered by this Court, that henceforward the whole islands appertaining there unto which doe lye partly in the County of York, & the other part in the jurisdiction ef Dover and Ports mouth, shall be reputed & hereby allowed to be a tewneship called Apledoere, & shall have equall power to regulate their towne affaires as ether townes of this jurisdiction have. In answer to the request of Capt. Brian Pendleton, the Courte judgeth it meete to order that the selectmen ef Ports mouth & Dover doe forthwith by an assessment en the inhab itants, collect & gather the some of tenn pounds eight shil lings & fewer pence out ef each towne & deliver the sarae to the said Brian Pendleton as satisfaction for so much by him expended en a frozen person some yeares past, that came into that river, whose charity this Court judgeth it meete to encour age & orders his satisfaction as above is exprest. 7 May, 1662. 4, pt. 2, p. 44. Mr Sara Dalton, deputy for Harapton, having an aged father since his coraing to this Court, dangerously, if net mortally wounded, by the fall of a tree, desiring the favor of this Court is dismissed his attendance at this session. 1662.] FROM MASSACHUSETTS RECORDS. 241 IV, pt. 2, p. 47. It is ordered, that Capt. Eichard Waldern is & shall be here by impowered to marry such as shall be published according to lawe within the precincts ef Dover. IV, pt. 2, p. 56. It is ordered. That Major Eliazer Lusher join to help County Courts in Salisbury, Hampton & Dover for this yeare ensuing. 8 October, 1662. 4, pt. 2, p. 67. It was voted by the whole Court, that Henry Eoby, consta ble ef Harapton, for his unfaithfulnes in not duly attending his warrant in bringing Edward Colcord te prison, both in March or ApriU & now shall loose his chardges & beare it hiraself P. 68. Whereas, Edward Celcet was sentenced by the County Court at Hampton, in October last to be sent & put into the house of correction at Boston, & not be dischardged thence till he gave sufficient bond fer his good behavior, the constable neglecting his duty in putting him in te the house of correction, and, by the subtilty of said Edward Colcord, bond was given for his good behavior & the ether part net yet perforraed, the Gen erall Court in May last, ordered that the said Colcord should, by warrant from the secretary, be brought into the house of correction according to said Hamptons Courts sentence. The Court having put it to the question whether the sentence of the GeneraU Court in May last shall be nulled, the Court re solved it in the negative, & ordered, that after the said Colcot have suffered in the house of correction, he shall be dis chardged the prison forthwith, and Henry Eoby, constable of Hampton, for his neglect, shall loose all his chardges for bring ing the said Colcot to Boston both formerly & now & beare it himself Voted by the whole Court. October 8, p. 70. In answer to the petitions of TJnice Cole, the inhabitants of Hampton, as also the petition of Wm Salter, all in relation to the said Unice Cole, the Court doe order, that the said TJnice Cole pay what is due on arrears to the keeper, and be released 16 242 PROVINCE PAPERS. [1662. the prison, on condition that she depart within one month after her release, out of this jurisdiction, & not to returne againe on penalty of former sentence being executed against hir.* * This Unice Cole was accounted a witch. Her name has a strange in terest in connection with the following, from the MS. Town Records of Hampton, and the fancy with which the poet Whittier has embellished the story, in his " Tent on the Beach." We learn that Joseph Dow, Esq., in his forthcoming History of Hampton, will publish all the known facts in the case. Ed. "The 20th of the 8th mo. 1657. The sad hand of God upon eight psons goeing in a vessell by sea from Hampton to boston, who were all swallowed up in the ocean soon after they were out of the Harbour : the psons were by name as followeth : Robert Read, Manewell Hilyard, Sargent Will. Swaine, John Philbrick, Ann Philbrick his wife, Sarah Philbrick their daughter, Alice the wife of Moses Cockes and John Cockes their son ; who were all Drowned the 20th of the 8th mo. 1657." Hampton MS. Records. In his "Tent of the Beach," "Whittier commemorates the foregoing " sad hand of God " iu the following beautiful lines : " Once, in the old Colonial days. Two hundred years ago and more, A boat sailed down through the winding ways Of Hampton River to that low shore, Full of goodly company Sailing out on the summer sea. Veering to catch the land-breeze light. With the Boar to left and the Rocks to right. ****** " 'Fie on the witch 1' cried a merry girl, As they rounded the point where Goody CoLB Sat by her door, with her wheel atwirl, A bent and blear-eyed poor old soul. ' Oho !' she muttered, ' ye're brave to-day ! But I hear the little waves laugh and say, ' The broth will be cold that waits at home ; For it's one to go, but another to come !' " 1662.] FROM MASSACHUSETTS RECORDS. 243 Quakers. P. 69. In answer to the petition of the inhabitants of Dover, hum bly craving reliefe against the spreading &c the wicked errors of the Quakers amongst them &c. it is ordered that Capt. Richard Waldern shall & hereby is impowred te act in the exe cution of the lawes ef this jurisdiction against all criminall offenders within the said towne of Dover, as any one magis trate may doe, untill this Court shall take further order. To the Constables of Dover, Hampton, Salisbury, Newbury, Bow- ley, Ipswich, Windham, Linn, Boston, Boxbury, Dedham, and until these vagabond Quakers are out of this jurisdiction : You and every of you arc required in the King's Majesty's name, to take these vagabond Quakers, Anna Colman, Mary Tompkins, and Alice Ambrose, and make them fast to the cart's tail, and drawing the cart through your several towns, to whip them upon their naked backs net exceeding ten stripes apiece on each of them in each town, and so convey them from " ' She 's cursed,' said the skipper ; ' speak to her fair ; I 'm scary always to see her shake Her wicked head, with its wild gray hair. And nose like a hawk, and eyes like a snake.' But merrily still, with laugh and shout. From Hampton River the boat sailed out. Till the huts and the flakes on Star seemed nigh. And they lost the scent of the pines of Rye. * * * [A storm ensued.] * * * " Goody Cole looked out from her door : The Isles of Shoals were drowned and gone. Scarcely she saw the Head of the Boar Toss the foam from tusks of stone. She clasped her hands with a grip of pain. The tear on her cheek was not of rain, 'They are lost,' she muttered, 'boat and crew! Lord forgive me ! my words were true !' " ****** 244 PROVINCE PAPERS. [1664. Constable to Constable tiU they are out ef this jurisdiction, as you will answer it at your peril, and this shall be your war rant.* Per me, Eichard Waldron. At Dover, dated Dec. 22, 1662. 18 May, 1664. 4, pt. 2, p. 103. Capt. Daniel Gookin is hereby desired & appointed to keepe the Courts in Portsmouth er Dover & Yerke fer this yeare, if he come home & be weU, otherwise, Mr Eich EusseU. 19th October, 1664. 4, pt. 2, p. 139. Capt Brian Pendleton having binn legally chosen & ap- prooved ef te be Capt of the raUitary corapany of Portsmouth, but not yet having any comission, it is ordered by this Court, that the secretary, imediately after the end ef this sesion, draw up a coraission & deliver it to Major General Leveret, & he to take care for the sending of it, so that the peace of the place may be preserved. * "In Dover, Hampton and Salisbury, this disgraceful order was exe cuted, but in the last named town, Walter Barefoot performed almost the only praiseworthy act that stands to his credit in history, by taking these persecuted females from the Constables, under pretence of delivering them to the Constables of Newbury, and securing them from further cruelty by sending them out of the Province. It is worthy of remark that in Dover, where only, within this Province, the Quakers were persecuted, that sect has flourished perhaps to a greater extent than in any other town in New- Hampshire.'' Coll. N. H. Hist. Soc, vol. 2, p. 45. A more detailed account of the persecutions of the Quakers may be found in a book written by George Bishop, with the title, " New-England judged by the Spirit of the Lord " — the first part of which was published in 1661 ; the second part in 1667 ; and the whole republished in 1702-3. See copious extracts from this book in Hist. Mem., No. 90, by A. H. Q. Ed. PAPERS RBLATINO TO THE VISIT OF THE KING'S CO MMISSIONEES, so FAR AS RESPECTS NEW-HAMPSHIRE : COPIED FEOM DOCUMENTS RELATING TO THB COLONIAL HISTOET OF THB STATE or NEW-YOEK.* Commission to Coll. Nicolls and others to visit the Colonies and determine Complaints. [N. T. Col. Hist., Vol. 3, p. 64.] Charles the Second by the Grace ef Ged King of England, Scotland, France and Ireland, Defender of the Faith &c To all to whorae these presents shall corae Greeting. Whereas wee have received severall Addresses frora our Subjects of severall Cellonies in New-England, all full of duty and affection, and expressions ef loyalty and allegiance to us, with their hurable desires that wee would renewe their severall charters and re ceive thera into our favorable opinion and protection, & sever aU of our Colonies there and other our loveing subjects have likewise coraplayned ef differences and disputes arisen upon the lyraraitts and bounds of their severall charters and juris dictions, whereby unneighbourly and unbrotherly contentions have and raay arise, to the daraage and discredit of the English interests, and that all our good subjects resideing there and being planters within the severall Colonies dee not enjoy the libertyes and priviledges granted to thera by our severall char ters upon confidence and assurance of which they transported themselves and their estates into those parts. And wee hav ing received seme addresses from the Greate Men & Natives of these Countryes, in which they complaine of breach ef faith and ef acts of violence and injustice which they have been * These Papers— which will be found of great interest— should be exam ined in connection with those which immediately follow, from the " Mas sachusetts Colony Records." Ed. 246 PROVINCE PAPERS. [1664. forced to undergoe frora our subjects, whereby net only our governraent is traduced, but the reputation and credit ef Christian Eeligion brought into prejudice and reproach with the Gentiles & inhabitants of these countries who know not God, the reduction of whom to the true knowledge and feare of God, is the most worthy and glorious end of aU those plan tations. Upon all which motives, and as an evidence and manifestation of our fatherly affection towards all our subjects in those severall Colonies of New-England (that is to say) of the Massachusets, Conecticot, New Plymoth, Eoad Island and the Providence plantation, and all other plantations within that tract of land knowne under the appellation ef New-Eng land. And te the end that wee may bee truly inforraed of the state and condition of our good subjects there, that soe wee may the better know hew to contribute te the further im provement of their happynesse and prosperity, Know Yee Therefore that wee reposeing especiall trust and confidence in the fidelity wisdome and circumspection of our trusty and wellbeloved Coll. Eichard Nicolls, Sir Eobert Carre Kn', George Cartwright Esq' and Samuell Maverick Esq' ef our especiall grace, certaine knowledge and raeer raotion have made or dained constituted and appointed, and by these presents doe make ordayne, constitute and appoint the said Coll. Eichard Nicolls, Sir Eobert Carre, George Cartwright and Sarauell Maverick our Coraraissioners. And Doe hereby give and grant unto thera or any three or two of thera, or of the survivers of them (ef whom wee will the said Coll. Eichard Nicolls during his life shall bee always ope, and upon equall division of opin ions to have the casting and decisive voyce) in our name to visite all and every the severall Colonies aforesaid, and also full power and authority to heare & receive and to exaraine and determine all coraplaints and appeals in all eases and mat ters as well miUtary as criminall and civiU, and proceed in all things for the provideing for and settling the peace and securi ty of the said country, according to their good and sound dis cretion, and te such instructions as they or the survivors of thera have er shall from tyme to tyme receive from us in that behalfe, and from tyrae to tyme as they shall find expedient to certify us or our Privy CounciU of their actings and proceed ings touching the preraises. And for the doing thereof er any other matter or thing relateing thereunto these presents on the inroUement thereof shall be unto thera and every of them a suflScient warrant and discharge in that behalfe. In Witnesse whereof wee have caused these our letters to be made Patents. Witnesse Onrselfe at Westminster the 25th day of April in the sixteenth year of our Eeigne. Barker. 1664.] NEW-YORK DOCUMENTS. 247 Mr. Mavericke to Capt. Breedon. [N. Y. Col. Hist., 3, p. 65.] Capt. Breedon — It hath pleased God (after a tedious voyage of neare ten weekes time). That two of our ships arrived here this after noon at Pascataway where wee hourly expect our other two. The Guiney comanded by Capt Hyde wee lost this day se'night, and Capt Hill with the Elyas en Sunday last. It hapned, that as wee were ready te come in. There went out from hence a Pinck, taken as a prize by a ship of Jamaica, but by authority from the Governor of the Massachusetts, the prize was as I understand seized upon and those that first took her, secured as prisoners by Capt. Oliver and carryed for Boston. I shall desire you to repaire to the Gov' & Ceuncell, and advise them to take care how they dispose of such things as may bee out of their bounds, and not fit fer them to take cognizance of, his majestyes Commissioners being at length come into these parts (ef whom you know mee to be one). I cannot now tell you the tirae and place I long to see you at, our stay here being only for a little water & our ether shipps, which if they come net in time, we must go te our appointed port in Long Island, from whence you shalbee sure to heare further from. S' your very lovinge friend Samuel Mavericke. Pascataway, July 20, 1664. To Capt Thomas Breedon, at Boston. A letter at the same time was sent te Mr. Jordan from Mr. Mavericke, only intimating his arrivall, & desire to see him with the first opportunity. Another te Major Gen. Denison to the same effect. I have not the copy of these. Mr. Mavericke to the Hon. William Coventy, Esq. [Vol. 3, p. 65.] Sir: Arriving here yesterday, I was wiUing to embrace this first oppertunity to present my humble service to you, and ac- 248 PROVINCE papers. [1664. quaint you with the particulars of our voyage hither. S' its almost ten weekes since wee came out of Portsmouth Eeade ; fer the first fifteene er sixteene dayes, wee had as good wind & weather as could bee desired ; Ever since which time, wee have not only met with crosse winds, but very bad weather ; yet all our ships kept corapany till the 13th day of this month, when by reason of very great Foggs wee lest company of the Guiney, & since the 16th day wee have net seen the Elyas. Contrary winds driving us upon these Coasts, wee were wiUing to put in here, as well to recruite ourselves with water (which wee begun much te want) as in expectation te meete or heare of the rest ef our Fleete, who probably wUl come in to this harbor, yet if they come not suddenly, our stay here wUbee but little, but shall hasten for Long Island. S' I have mere than hopes, all things in these parts will prove very success- full for His Majestyes & His Eoyall Highnesses service & inter est, of which I have already received great testyraonyes, for their continual prosperity and happiness. My prayers and utraost endeavours shall never bee wantinge. I shall not presume to give yen further trouble at this time but to subscribe, S' your most humble Servant, Samuel Mavericke. Pascataway, July 21, 1684. These te the Hon'ble WUliam Coventy Esq — present. Mr. Carr and Mr. Mavericke to Mr. John Bickbell [Vol. 3, p. 66.] Mr. Eickbell, Wee shall desire you to make aU convenient haste to your habitacon in Long Island & by the way as you passe through the countrey and when you come hither, that you acquaint such as you thinke the King's Commission" will bee welcome to and are affected for his Majestys service, that seme ef us are arrived here, and shall all suddenly bee in Long Island where we hope they will be ready as in other places to pro- 1664.] NEW-YORK DOCUMENTS. 249 mote his Maj'tys interest, their readines & affection shall bee much taken notice of, aud your care and Incouragement bee acknowledged by Your very lovinge friends Eobert Carr, Pascataway, July 23d, 1664, Samuel Mavericke. to Mr. John Eickbell, these. A warrant under the same hands to presse a horse for Mr. EickbeU if occasion should bee, hee paying for the hire. The King's Commissioners to the Governor and Council of Mas sachusetts. [Vol. 3, pp. 99, 100.] Gentlemen : We have received a letter by your Marshall subscribed by your Secretary, so full of untruth & in some places wanting grammar construction, that we are unwUling te beleive it was pen'd with the knowlege and .aprebation, though in the name and by the order (as is said) ef the Governor and Councel. Though it was great reason and high time for us to give over treating in privat with these who by sound ef trumpet denied that authority which the King had ever them, and by which we were to act; yet neither that denying ner anything they can doe, can enervate the Kings comission, er hinder us from obeying the King's cemandes, as neare as we can. The fixing, nameing, and owning a Bound-house 3 large railes north from Merriraack Eiver about 12 yeares together by the Corpo ration of the Massachusetts (after the fixing ef which Bound- house raany other patents were granted by the Council of Plyraeuth & by the King), raust necessarily determine the lim itts ef the said Corporation, and answer all the false and fraud ulent expositions of their Charter. Wee now let you know our judgments that you may see how much those that pen'd that letter were mistaken, though for seme reasons we will not publish it as our decree. The last letter wee received from his Majestie was the ground ef that warrant we sentte Ports mouth, and of those we sent to severall other townes. His 250 PROVINCE papers. [1665. Majesties comands are and shall be our directions ; when we are convinced of an errour we shall be ready te acknowledg & mend it, but shall net conserne our selves with your sence in this, who have already palpably (and we feare wilfully) mis construed too many of His Majesties' gracious letters. The duty which we owe te Ged, to the King, and te all his subjects, constrains us to perswade you not to suffer yourselves to be so much mislead by the spirit of independency. The King did not grant away his Severaigntie over you when he made you a Corporation. When His Majestie gave you power to make wholesome lawes and to adrainister Justice by them, he parted not with his right of judging whether these laws were whel- sora, er whether justice was adrainistred accordingly er no. When His Majestie gave you authoritie over such of his sub jects as lived within the liraits of your jurisdiction, he made them net your subjects ner your their supream authority. That prerogative certainly His Majestie reserved for him self, and this certainly you raight have seen, if ambition and covetousness or something as ill had not darkened both your eyes. Eeraeraber we pray you seriously that the pardon you so much pretend to from His Majesties clemency (in his letter of June 1662) was promised to you en condition of being for the future his good subjects, which raust necessarily iraply obedi ence. Striveing to grasp toe rauch raay make you held but a little. 'T is possible that the charter which you se much idol ize may be forfeited, and it may probably be supposed that it hath been many way forfeited; untill you have cleared your selves of these many injustices, oppressions, violences and blood, for which you are complained against, to which com plaints you have refused te answer, er untill you have His Majesties pardon, which can neither be obtained by nor bee effectuaU to these who deny the Kings supremacy. The deserved punishment and destruction of seme, these who of late raade use of the Kings authority te oppose His Majesties power, and raised armes and fought against His Ma jestie and yet pretended the defence & safety of the King, we think raight deterr aU from broaching or acting accordino' to such illusive and destructive sephisraes. Many of your actions, and the warrant sent to the Constable 1665.] NEW-YORK DOCUMENTS. 251 of Portsmouth, July 12, 166.5, give us just grounds to feare that, if you had power, you would try your success the same way. Gentleraen : Eeraeraber we pray you that you profess yourselves te be christians and pretend te be of the best sort. Pray make it appear that you are so, by your obedience to the Kings authority, by your peaceableness towards your neigh bours, and by your justice amongst yourselves, which are christian virtues, that men may see your good workes, and then &c. The other Colonies have set you se many good examples, even that ef Eoad Island, one whom you have so long despised and disowned, and new lately derided for their submission to His Majestie. The dangerousness of those ways you are in hath extorted thus much frora us at present, for caution ; but the particulars of that letter we reserve to be examined in an other place. In fine we desire and in His Majestie's name re quire you, not to contradict those orders which we raake by virtue of His Majesties Comission, nor to disturb the peace and quiet of those whom we have taken under His Majesties Gov ernment, nor te raolest those who, in obedience te His Majesties authority, have observed any warrants raade by us, and we assure you that as you approve yourselves His Majesties good subjects, we shall approve ourselves your reall friends, ready to serve you. E. C. C C July 16, 1665. j" g'jyj' From Pascataquay Eiver, ) q' q Upon receipt of this reply their ceuncell sent out warrants to severall townes in the Eastward parts ef the tenor ef this following copy. To the Constable of You are hereby required in His Majesties name forthwith te sumon your Deputy or Deputies already chosen for the year or in case they have none, to asserable the freemen of your towne together and require them, by virtue ef an order of the Ceuncell dated 21st instant, te choose and send their Deputy or Deputies to assemble at Boston on the 1st of August next at eight of the clock in the morning, to consult in Generall 252 PROVINCE PAPERS. [1665. Court with the Magistrates, about the waighty occasions of the Colony. Hereof net to faUe making your returne. Dated in Boston 21 Julie 1605. By the Councell, Edw. Eawson, Secy. As also te speed away the warrant annexed, to the Consta ble of Hast post hast. Edw. Eawson, Secret'y. Messrs. Carr, Cartwright, and Mavericke, to Sir Henry Bennet, Secretary of State. [Vol. 3, pp. lOl, 102.] Sir : After the Court at Boston was ended (of which we sent you an account before), we went te visit the Eastern parts ; and first we past a tract ef land laid claime to by Mr. Mason, who petitioned His Ma*ie about it. His Mat'« referr'd it te S' Eobert Mason and others, who made their report te the King; all which Mr. Mason sent te Colonell Nicolls, whom he made his Attorney. This Province reaches from 3 miles north of Merimack Eiver to Piscataquay Eiver, and 60 miles into the country. We find many small patents in it, & the whole Prov ince to be now under the usurpation ef the Massachusets, who once set up a bound-house 3 larg miles north ef the Merri- raacke and owned it for above 12 years, yet since clairaes all this and 60 miles more to the North to be within their patent. Cel Nicolls being bound to attend DeEuiters attempt against New-Yorke and not being here, we left them as we found them, under the Massachusets government, though they were very earnest to be taken under His Majt'^' governraent, as will appeare by their petitions which we have sent herewith. Frora Piscataway eastward to Sagadahock and 120 miles into the country is another Province called Yorkshire now, by the Massachusets, under whose government we found it, forraerly called the Province ef Maine in the King's Charter by which it was granted to Sir Ferdinando Gorges. The inhabitants of this Province were much troubled by the contests of the Mas sachusets and the Commissioners of Mr. Gorges, and being ^^65.] NEW-YORK DOCUMENTS. 253 weary of the unjust and partial actings ef the Massachusets, and fearefuU of the proceedings of the other, generally peti tioned us to take thera into His Mat'^s more immediate gov ernment : which we did do, and appointing seme to act as Jus tices ef the Peace and te held Sessions, wee discharged both the others from exercising any authority, untill His Ma"«8 pleasure be further knowne. This hath already given such satisfaction to the people that they have petitioned His Mat'e that they may forever be governed by his commands, as wiU appeare by their petition, which also we have sent herewith. And thus we did, being assured that it was the best expedient we could use, both to procure the peace & quiet of that Province, and to end the differences betwixt the two pretending parties fer the present, leaving the finall determination to His Mati«s wisdom. In this Province are 5 townes, Kittery, York, Wells, Scarborough and Falraouth. They build all by the sea side. Their townes are 5 er 6 railes long at the least, though they have but 30 houses in thera, and those very raean ones too. If there be not better governraent established amongst them & mere care taken ef them, that Province will never be either well peopled or well cultivated. The places beyond Sagada hock were given to His Eoyall Highness by His Ma^^^^ yet as Cel. Nicolls desired, who could not attend to go hiraself, we have appointed sorae te governe thera for the present, as there was great need. Upon 3 Eivers, the east of Kennebeck, Ship- scot, and Pemaquid, there are 3 plantacons, the greater hath not over 20 houses, and they are inhabited by the worst of men. They have had hitherto no governm' and are made up of such as to avoid paying of debts and being punished have fled thither; fer the most part they are fishermen, and share in their wives as they do in their boats. Wee were up within Piscataquay Eiver July the 9th when we received His Ma^'^s ire of January 28th. There being an excellent harbour, larg & safe, and 7 er 8 ships in it, and great store of masts, we sent warrants to 4 towns upon that Eiver, with an intent to have gotten that harbour fortified by them ; but the Massachusets sent a prohibition to them and a letter to us by their Marshall, which put a stop to our endeavours. This place we think deserves fortifying as much as any place in New-England. 254 PROVINCE PAPERS. [1665. We are teuld by seme ef themselves that they have appoint ed a Generall Court to be on August Ist to consider how to manage their opposition for that they intend to maintain the bounds of their patent as far as they have streatcht them, and to suffer none to make warrants or orders within the same but themselves, and te justifie their own wayes for admitting Church members, and free men, though the King write never so often to the contrary. Some few exceptions they make, as acts of their favor, to gain some te their partie, and te serve te delude the King with a shew of complyance ; for if writing will serve the turne, (as they suppose it will) they can keep the business in agitation, untill the King and all his Secreta ries there and all his good subjects here, be weary of it; If nothing of greater consequence make them to let it fall, which they hope may happen; and that, if His Ma*'^ de net take some speedy cource, they who have declared their judgments against them will be undone ; as also all those who have peti tioned for any redress ; and that it is the case of the loyall party here, as not long age it was in England, though they be two for one, yet they are se overawed that they cannot help themselves ; that both the readiest and surest way is for His Ma*'^ to take away their Charter, which they have severall ways forfeited, which King Charles 1st was about to do a little before the Scotish war in 1636 er 1637. And if His Ma"e wUl assure the people they shaU net be tyed to religious ceremo- nys, the generaUity ef thera wiU be well contented; but this without a visible force will not be effected. This advice we have had frora them, and this indeed is our owne opinion. We have heard severall say, though they do wish that the gov ernment was otherwise, yet they had rather suffer as they doe then te take up arraes against them. And indeed without this course it will be impossible for the King ever to attain those two ends mentioned in our private instructions. If His Ma'ie should now let these people rest, haveing so much declared themselves against his authority over them, those that are weU affected wUl never dare hereafter to declare themselves beside all the other UI consequences which must necessarily follow. Those who have declared themselves loyall, are very much threatened, and in great feare, and have earnestly prest 1665.] NEW-YORK DOCUMENTS. 255 us to sollicit His Ma«e for their speedy defence and safety, that they may not be afflicted er ruined fer shewing their loyalty. We therefore earnestly desire you to acquaint His Ma"« with their desires in this, as also of having their children baptised and themselves admitted to the Lord's Supper. If anything be here wanting, we hope it may be supplyed by Col. Cart- wrights relation, and subscribe ourselves. Sir your most humble Servants, E. C. G. C. S. M. Boston July 26th 1665. (Indorsed) "A copy of a letter sent by the Coram'' to Mr Secretary Benet, w" Col. Cartwright went for England." Messrs. Carr and Mavericke to the Secretary of State. [Vol. 3, pp. 106-108. Extract.] Sir: "When we were in the Southern parts at Warwick, John Porter presented us with a petition (the copy whereof is amongst the others inclosed), signifying his greivance ; whereupon we ordered hira to raake proof ef his coraplaints, and gave him His Ma^'^^ protection, till his cause was heard by us &c. We came from these parts te Boston, & stayed there till the accustomed time of their Gen" Court came, at which time Coll. Nicolls haply came, together with us, to treat with them, concerning the centeints of His Ma*'«8 comission and privat instructions to us. We found them presumptieus & refractory & could obtain nothing from them that might be satisfactory te His Ma*'" de sires, and their answers te the instructions of His Ma*'® te us (of which we gave them copies) were delaytery and imperti nent. Whereupon we of necessity (as a Court of Appealls) summoned the Governor and Company to answer to the action of Mr Thom. Dean & others (according to His Ma«e' instruc tions) in the case of the ship Charles ef OUeroen, to which they not only refused to appear, but sent to us this inclosed 256 PROVINCE PAPERS. [1665. declaration upon May 25th, 1665, by eight of the clock in the morning, an hewer before we intended to have sate ; and pro claimed it by sound ef trumpet under Cel. Cartwrights cham ber window, he being then lame of the gout at Captain Bredons, where we intended to have sit. A copy of our an swer er conclusion with them you will see annexed te the same coppy ef their declaration. At this Gen*" Court June 2d they commissionated Mr Sim- mends and Mr Danforth to gee into the Eastern parts and te oppose us in our proceedings in what we were injoyned te act, as you will see by the inclosed copy of their comission, a copy of which was given by them, directed te S' Eob' Carr, wee being in those parts when they came te put it in execution. Where being, a letter from His Ma*'® came to our hands signi fying the war with the Dutch & enjoyning us te looke after the fortification of those parts against thera. Whereupon we sent out our warrants te Portsmouth and other places in these Eastern parts, te that end and purpose. The Governor and Ceuncell at Boston having notice by some one ef their intelli gencers, sent to the constable ef Portsmouth a prohibition of the people's meeting, and te us a letter; copies whereof and of our reply, here inclosed you will find, as also a copy ef their warrant te sumraons a speciall Gena" Court thereupon to be held Aug. 1st. Thus far was sent by Col. Cartwright an exact account of aU proceedings with the Massachusets & the other Colonies ; as you raay please te see by the inclosed copy of the letter we sent by hira to your honour. Since that time, be pleased S' te take notice that at the Gen^u Court then held, a warrant was sent by them to the Constables ef Kittery in the Province ef Mayne, a copy of which you have herewith. Wee haveing then settied the East ern parts beyond Pascataquay Eiver under His Ma*'e8 immedi ate government tiU his pleasure was further knowne (by reason as you wiU find hereby of their disquiet and unsettied cendi- con otherwise), the Massachusets (still reteining their wonted opposition) commissionated Mr Thomas Danforth, Mr Elias Lusher and Mr John Leveret to go thither and reduce them to their government. The inhabitants there having notice thereof 1665.] NEW-YORK DOCUMENTS. 257 sent US a letter (the copy whereof you will receive hereby) under the hands of Captain Champernown, Mr Kisbworth and Mr Johnson, signifying their fear ef them and desiring our direction what to do in the case. Whereupon S"' Eobert Carr went thither waiting till they should come to exercise such their comission. In the mean time the Gentlemen in the East ward parts made preparations for their comming, as the copy of the letter herein inclosed from Mr Eishworth wiU give you to understand. These Comissioners came as far as Portsmouth, and S' Eobert Carr, being then at Kittery, hearing thereof, sent them a letter, a copy whereof is inclosed, yet notwith standing, they sent their peremptory summons, dated October 10th, to one Abrahara Cerbett to appear att their next Gen*" Court which fell out the next day being llth ef Octob'' last, to answer a contempt (as they please te call it) for in a disorder ly manner stirring up sundry of the inhabitants to signe a peticon or remonstrance against His Ma*ie9 authority there setled &c. From hence they went te Dover to keep Court. The Eastern people were informed they would come in an hos tile manner and therefore met at Kittery to have opposed them if they came over the Eiver, which was supposed one cause ef their speedy return towards Boston, they going that night to Salisbury, being 22 railes thence. This being all for the present that we can informe you of, we desire (if it have pleased Ged that Colonel Cartwright have escapt with his life & be in health) your Honor will please shew him this account, and the inclosed papers, that what is wanting, he calling it to mind, may give you further inforraa- con thereof. Before this could be dispatched the marsbaUs of Dover and Portsmouth brought Mr Cerbett hither a prisoner having ap prehended him by order ef a warrant te them directed from the Gen*" Court setting last October, and carried him before the Governer, who immediately committed him to prison, there to continue to the next Gena" Court, unless he procured bayle &c. as by the copies inclosed you may see. Severall suf ficient Gentlemen were proposed for it and by them refused. The person stiU remains confined, and we can give no satisfac- 17 258 PROVINCE PAPERS. [1665. tory answer for present, why. We committ it to your judg ment what to thinke of the matter, & hope you wiU signifie it to His Ma*'e remaining Sir, your humble Servants, (Signed) Robert Carr, Samuell Mavericke. Boston, November 20, 1665. To yo' Honorable Self." Sir Bobert Carr to the Secretary of State. [Vol. 3, p. 109. Extract.] " Sir : After we from hence had dispatched a letter to you by Capt. Thirston dated of Nov' the 20th last, conteining many copys of transactions here &c. came the inclosed copy of the peticon ef Wells Court, to my hands, the originali whereof, as I remember, was sent by Colonel Cartwright. Also I going to visit Mr Corbet in the prison of this towne, about his baile- ment, was presented with a peticon from one Heare, the which is here inclosed. Se that by this you may in part see the grievances ef His Mat^i^* subjects here. If it have pleased God that Colonel Cartwright did arrive safe he can let you heare of mere of the like nature. I wish that His Ma*'® would take some speedy course for the redresse of these and the like in- nermities, and for the suppression ef the insolencies of these persons here." Sir, your honours faithful servant, Robert Carr. Boston, December 5, 1665. Beport of ihe King's Commissioners concerning Mass achusetts, &c. [Vol. 3, p. 110.] The Colony of the Massachusetts was the last and hardlyest perswaded to use His Majestys name in their forms of Justice. In this Colony at the first coming over of the Comissioners, were many untruths raised and sent into other Colonies as 1665.] NEW-YORK DOCUMENTS. 259 that the King had sent to raise 5000£ yearly for his Majestys use &c. Whereupon Major Hathorne made a seditious speech at the head of his company, and the late Governour another, at their meeting house in Boston, but neither of them were se much as questioned for it, by any of their Magistrates. The Comiss" visited all other Colonies before this, hope ing both that the submission and condescention of the ether Colonies te His Ma*'«« desire would have abated the refractori ness of this Colony, which they much feared ; and that the assistance ef Colonell Nicholls (whom they expected) would have prevailed much. But neither examples nor reason could prevaile with them to let the Comissioners hear and deterraine so much as these particular causes (BIr Deane's and the Indian Sachims) which y' King had comanded them to take care of, and to do justice in and though the Comiss"^ (who never de sired that they should appear as delinquents but as Defendants either by theraselves or by their attorneys) assured thera that if they had been unjustly coraplayned of to His Ma*'® their false accusers sheuld be severely punished and their just dealing make knowne to His Ma*'® and te all the world ; yet they pre- claymed by sound of trumpet that y^ Generall Court was the Supreamest Judicatory in that Province, that the Comiss'' pre tending to hear appeales was a breach of their priviledges, granted them by the Kings royall father and confirmed to them by His Ma^^s owne letter, and that they could net per mit it. By which they have for the present silenc't about thirty petitions which desired justice against them, and were all lost at sea. Te elude His Ma**®^ desire ef their admitting men civili and of competent estates te be free-men, they have made an act whereby he that is 24 yeares old, a house keeper, and brings one certificate of his civili life, another ef his being orthodox in matters of faith, and a third ef his paying ten shillings (besides head-money) at a single rate, may then have liberty to make his desire known to the Court and it shall be put to the vote. The Comiss" examined many townshipps and found that scarce three in a hundred pay 10s at a single rate; yet if this 260 PROVINCE PAPERS. [1665. rate was generall it would be just; but he y' is a church member though he be a servant and pay not 2d may be a Free-man. They wUl not admit any who is net a member of their church, to the comunion nor their children te baptisme, yet they will raarry their children to these whora they will not admitt to baptisrae, if they be rich. They did imprison and barbarously use Mr Jourdain for baptizing children; as him self complain'd in his petition to the Comiss''. Those whom they will not admit to the comunion they compell to come to their sermons by forcing from them five shillings fer every neglect ; yet these raen thought their own paying of one shil ling, for net coming to prayer in England, was an insupporta ble tyranny. They have put many Quakers to death of other Provinces (fer which also they are petitioned against). First they ban- ish't them as Quakers upon pain of death, and then executed them for returning. They have beaten seme to jelly, and been (ether ways) exceeding cruell to ethers; and they say the King allows it in his letters to them. Indeed they have mis construed all the King's letters to their owne sence. They yet pray constantly for their persecuted bretheren in England. They have many things in their lawes derogatory to His Ma*'®^ honour ; of which the Com" made a breviat and desired that they might be altered ; but they have yet done nothing in it. Amongst others who ever keeps Christmas day is to pay Five Pounds. They caused at length a Mapp of their Territories to be made, but it was made in a chamber by direction and guess. Iil it they claime Fort Albany, and beyond it all the lands to the South Sea. By their South Hue they intrench upon the Colonies of New-Plymouth, Rode Island and Conecticot, and on the East they have usurped Captain Mason's and S' Ferdi nand Gorges patents and said that y" Comiss" had nothing to dee betwixt them and Mr Gorge, because His Ma**® comanded them either to deliver possession to Mr Gorge or to give His Ma*'® reasons why they did not. The Comiss" being at Piscatequay when they receaved His Mttes letter which comanded them te see the Harbours forti- 1665.] NEW-YORK DOCUMENTS. 261 fied &c., sent their warrants to fower towns upon that river requiring them to meet at such time and place to heare His Ma**®* letter read; one of these warrants was sent post to Bos ton, from whence two Marshalls are sent by the Governor and Ceuncell with another warrant to forbid the townes either te meet or to do any thing comanded them by the Com" at their utmost perills, and withall sent an unbeseeming letter to the Comiss", both which letter and warrant were lost at sea. Colonell Whalley and Geff were entertained by the Magis trates with great solemnity, and feasted in every place; after, they were told they were Traytors, and ought te be appre hended. They made their abode at Cambridge untill they were furnisht with horses and a guide and sent away te New- haven for their more security. Captain Daniel Geeking is re ported to have brought over and to manage their estates; and the Comiss" being informed that he had many cattle at his farm in the Kings Province, which were suspected to be Whal- leys or Goffs, caused thera to be seized for His Ma*'®^ use, till further orders. But Capt. Geeking standing upon the privi ledge of their Charter and refusing te answer before the Comiss" as so, there was no more dene in it. Capt. Pierce, who transported Whalley and Geff into New-England, may probably say something to their estate. They of this Colony say that King Charles y° First gave them power to make lawes and execute thera, and granted them a Charter as a warrant against himself and his succes sors, and that so long as they pay the fifth part of all geld and silver oar which they shaU get, they are free to use their priv- Uedges granted them, and that they are not obliged to the King, but by civility. They hope by writing te tire the King, the Lord Chancellor and the Secretaries too ; seven yeares they can easily spin out by writing, and before that time a change may come. Nay, some have dared te say, who knowes what the event of this Dutch Warr may be ? This Colony furnished Cromwell with many instruments out of their Corporation and their Colledge; and these that have retreated thither since His Ma*'®* happy returne, are much respected and many advanced to be Magistrates. They did 262 PROVINCE PAPERS. [1665. soUcit Cromwell by one Mr. Wenslee te be declared a Free State, and many times in their lawes stile themselves this State, this Ceraen-wealth, and now beleive theraselves to be so. They demand what taxes they please, but their accompts could never yet be seen. Some few soldiers they keep at their Castie. The Governor hath a hundred pound yearly, every Magistrate £30, &c They convert Indians by hiring them to come and heare sermons, by teaching them not to obey their heathen Sachims, and by appointing rulers amongst them, over tenns, twenties, fifties, &c The lives, manners & habits of those whom they say are converted cannot be distinguished from those who are not, except it be by being hired to heare serraons, which the raere generous natives scorne. This Colony, which hath engrossed the whole trade of New- England, and is therefore the richest, hath many towns, but not one regularly built within its just limits; w"" the Com iss" find to be Seconiiet Brook on the South West and Merri mack River en the North East, and two right lines drawn from each of those two places till they come within twenty mUes of Hudsens Eiver; fer that is already planted and given te His Eoyall Highness. Boston is the chief towne in it, seated upon a Peninsula in the bottora ef the Bay, which is a good harbour and full of fish. It was fortified this yeare, 1665, with two Block houses. They had before a castle upon an Island in the roade, where shipps must pass, about five or six miles from the towne. Their houses are generally wooden, their streets crooked, with little decency & ne uniformity, and there neither dayes, months, seasons of the yeare, churches nor inns are known by their English names. At Carabrig they have a wooden cel- ledg, and in the yard a brick pile ef two bayes for the Indians, where the Coraiss" saw but one. They said they had three or four raere at schole. It may be feared that this colledge may afford as many schismaticks te the Church, and the Corpora tion as many rebels to y° King, as forraerly they have done, if not timely prevented. In this Colony, toe, the King hath very many loyall subjects, who petitioned their Generall Court, at His Ma*'®« first coraing in, for the owning of His Ma*'®' and now lately for complying 1666.] NEW-YORK DOCUMENTS. 263 with His Ma*'®8 Comiss", but have had neither answer nor good look since. They are sorry that so few (fer there are scarce above eight of the most factious) should carry on se strong a faction, yet they are so overawed that they can do nothing te remedy it. They only say that it is now with them as it was with the King's party in Cromwell's time. One of these was derided fer being so civil as to accompany one of the Comiss" from the town where he lived to Boston, and ethers ef Boston derided those of Eede Island for having yielded se much to the Comiss". In Boston lyes ten iron guns brought from the French fort taken in Crerawell's time, which would do well at Piscatequay to defend the mouth ef that River where the masts are laden, if they be the King's. On September 10, 1664, they published by order of Court, a paper to deter and affrighten all from making any com plaints to the Comiss". The comodities of the Countrey are fish, which is sent into France, Spaine and the Streights, pipe-staves, masts, firr- boards, seme pitch and tarr, pork, beif, horses and cerne; which they send to Yirginia, Barbados, &c., and take tobac co and sugar fer payraent, which they (after) send fer Eng land. There is good store of iron made in this Province. Their way of governraent is Common-wealth-like ; their way of worship is rude and called Cengregationall; they are zeal ous in it, for they persecute all other formes. Colonel Nicolls to Mt Secretary Morrice. [Vol. 3, p. 136. Extract.] " Eight Hon"'® Sir : « The Massachusetts Colony persist or rather fly higher in contempt ef His Ma*'®' authority. The Generall Court have resolved to send ne man out of the Colony according to His Ma*'®s sumons, but their false Sophis try in construing His Ma*'®' letters to what sense they please will easily appear to the world. Severall considerable men both of the Councell and Deputies in the General Court have entered their Protest against the Eesolution then taken. Most 264 PROVINCE PAPERS. [1666. of the considerable Merchants and men of estates in the coun trey petitioned the Generall Court te comply with His Ma**®" commands, but they are new to be questioned before another court as seditious Persons. I make this narrative the shorter because Mr Mavericke will attend you with more full Particu lars in another shipp, but whether with the fleet which is now ready, I cannot justly say. The eyes and observations ef all the other Colonies are bent upon this strange Deportment of the Massachusetts. His Ma*'® is wise and may easily chastise their undutifuUnesse, not by force, which might frighten the innocent as well as nocent, but by a Temporary Embargo upon their trade, till such and such persons are delivered into the hands of justice. The numer ous well affected people in that and ether Colonies, would soone give up the Eing leaders at His Ma*'®' disposall. Neither would His Matie loose any of his customs by that Embargo, for if strict care were taken to send a convenient number of ships with goods suitable te this port, all the Trade of Boston would bee brought hither, & from hence carryed into England. In which case a ffregott ef Countenance fer Convey or any emergent occasion would be necessary if possibly te bee spared out of His Ma*'®' more iramediate service ; Indeed in the pos ture we are, every small Picaroon of the eneraies is master of all our Harbors and Eivers from the Capes of Virginia te Pis- cataway. I hurably crave pardon for the Impertinencies of these many lines and subscribe myselfe. Eight Hon"'® Sir, Your most hurable Servant, "R N^TCHOTTS " Ffort Jaraes, Octob. the 24th, 1666. ' Indorsed — " Frora Cell. Nicholls to Mr Secy Morrice." [papers prom MASSACHUSETTS RECORDS, RESUMED EROM PAGE 244.] Copy of the Address of ihe Massachusetts Colony to Eing Charles the 'Id in 1664. [Copied from Hutchinson's Hist. Mass., App., No. 16.] To the Kings most Excellent Majestie, The humble supplication of the General Court of the Massachusetts Colony in New-England. Dread Soveraigne — Iff your poor subjects, who have removed themselves into a remote corner of the earth to enjoy peace with God and raan, doe, in this day of their trouble, prostrate theraselves at your royal feet and beg your favour, we hope it will be graciously accepted by your Majestie. And that, as the high place you sustain on earth deth nuraber you here araong the gods, so you will imitate the Ged of heaven, in being ready te raaintain the cause of the afflicted, and the right of the poor and to re ceive their cries and addresses to that end. And we hurably beseech your Majestie, with patience and cleraency, to heare and accept our plain discourse, the ef soraewhat greater length than would be coraely in other er lesser cases. We are reraote, and can speake but seldora, and therefore crave leave to speake the more at once. Wee shall net largely repeat, hew that the first undertakers for this plantation, having, by con siderable summs, purchased the right thereof, granted to the Counsel established at Plymouth by King James, your royal grandfather did after obtain a patent, given and confirmed to themselves, by your royall father, King Charles the first, wherein it is granted te them, and their heirs, assigns, and as sociates fer ever, not only the absolute use and propriety of the tract ef land therein mentioned, but also full and absolute power of governing all the people of this place, by men chosen from among themselves, and according to such lawes as they shall from time to tirae, see meet to make and establish, being not repugnant to the lawes ef England (they paying only the fifth part ef the oare of gold and silver that shall heere be found for and in respect of all duties, demands, exactions and 266 PROVINCE PAPERS. [1664. service whatever) as in the said patent is more at large de clared. Under the encouragement and security of which royal Charter, this people did, at their own charges, transport them selves, their wives and farailies, over the ocean, purchase the lands ef the natives, and plant this Colony with great labour, hazards, cost and difficulties, for a long tirae wrestling with the wants of a wilderness, and the burdens ef a new plantation having also now above 30 years enjoyed the aforesaid power and priviledge ef government within themselves, as their un doubted right in the sight of God and man. And having had, moreover, this further favour from Ged, and from your Majes tie, that wee have received several gracious letters from your royal selfe, full of expressions tending te confirme us in our enjoyments, viz. in your Majesties letter bearing date the 15th day of February 1660, you are pleased to consider New-Eng land as one of the chiefest of your Colonies and plantations abroad, having enjoyed and grown up in a long and orderly establishment, adding this royal promise: Wee shall not come behind any of our royal predecessors in a just encouragraent and protection ef all our loving subjects there. In your ma jesties letter of the 28th of June 1662, sent us by our messen gers, besides many other gracious expressions, there is this [wee will preserve and do hereby confirme the patent and charter heretofore granted unto them by our royal father of blessed meraery, and they shall freely enjoy all the priviledges and liberties granted unto them in aid by the same]. As fer such particulars, of a civil and religious nature, which are sub joined in the said letter wee have applyed ourselves to the ut most to satisfy your Majestie, se far as doth consist with con science of our duty toward Ged, and the just liberties and priviledges of our patent. Wee are further bound with hum ble thankfulness to acknowledge your majesties gracious ex pression in your last letter wee have received, dated AprU 23d 1664, as (besides other instances thereof), that your Majestie hath not the least intention er thought of violating, or, in the least degree, infringing the charter heretofore granted by your royal father, with great wisdom, and upon full deliberation &c. But what affliction of heart must it needs be unto us, that our sins have provoked God to permit our adversaries to set theraselves against us by their misinforraations, complaints, and solicitations (as sorae of thera have made it their work fer many years) and thereby to procure a commission under the great seal, wherein 4 persons (one of them our knowne and professed enemy) are impowered to heare, receive, examine and determine all coraplaints and appeals, in all causes and matters, as well mUitary as criminal and civil, and to proceed in all things, fer settiing this country, according to their good and 1664.] FROM MASSACHUSETTS RECORDS. 267 sound discretions, &c. Whereby, instead of being governed by rulers ef our owne choosing (which is the fundamental privi lege of our patent), and by lawes of our owne, wee are like to be subjected to the arbitrary power of strangers, proceeding net by any established law, but by their own discretions. And whereas our patent gives a sufficient royal warrant and dis charge to all officers and persons fer executing the lawes here made and published, as is therein directed, wee shaU not now be discharged, and at rest from further molestation when wee have so executed and observed our lawes, but be Uable to com plaints and appeals, and to the determinations of new judges, whereby our government and administrations will be raade void and of none effect. And tho wee have yet had but a little taste ef the words or actings ef these gentleraen, that are corae over hither in this capacity of coramissioners, yet we have had enough to confirrae us in our feares, that their improveraent of this po.wer, in pursuance ef their commission (sheuld the sarae proceed) will end in the subversion of our all. We should be glad te hope that your Majesties instructions (which they have not yet been pleased te irapart unto us) may put such limita tions to their business here as will take off rauch of our feare bnt according te the present appearances ef things we thus speake. In this case (dread Soveraigne) our refuge under Ged is your royal selfe, whora wee hurably addresse ourselves unto and are the rather eraboldned therein because your raajesties last gracious letter doth encourage us to suggest what, upon the experience we have had, and observation we have made, we judge necessary er convenient for the good and benefit of this your plantation, and because we are well perswaded that had your Majestie a full and right information of the state of things here, you would find apparent reason te put a stop to these proceedings which are certainly disservient to your Ma jesties interest and to the prosperity and welfare of this place. If these things go en (according to the present appearance) your subjects here will either be forced te seeke new dwell ings, er sinke and faint under burdens that will be te them intollerable. The vigour of all new endeavours in the several callings and occupations (either fer merchandize abroad, or further subduing this wilderness at home), will be enfeebled, as we perceive it already begins to be, the good of converting the natives obstructed, the inhabitants driven to we know not what extremities, and this hopeful plantation in the issue ru ined. But whatever becomes of us, we are sure the adversary cannot countervail the King's daraages. It is indeed a greif te our hearts, to see your Majestie put upon this extraordinary charge and cost about a buseniss, the product whereof can never reimburse the one half of what will be expended upon 268 PROVINCE PAPERS. [1665. it. Imposed rulers and officers will have occasion to expend mere than can be raised here, so as nothing will returne to your Majesties exchequer; but instead thereof, the wonted benefit by customes, exported and imported into England frem hence, will be diminished by the discouragement and diminu tion of mens endeavours in their several occupations, or if the aime should be to gratify some particular gentlemen by livings and revenues here, that will also faill, where nothing is te be had, the King himself will be a looser, and so will the case be found to be here ; fer such is the poverty and meannes of the people of this country (by reason of the length and celdnes of the winters, the difficulty ef subduing a wildernesse, defect ef a staple ceraraedity, the want of raoney, &c.) that if, with hard labour, men get a subsistence for their faraileis, tis as rauch as the generality are able to de, paying but very sraall rates towards the publick charges, and yet, if all the country hath ordinary raised by the year fer all the charges ef the whole governraent were put tegether,and then doubled er trebled, it would not be counted, fer one of these gentlemen a considera ble accemmodatien. It is true, that the estates raen have, in conjunction with hard labour and vigorous endeavours in their several places do bring in a corafortable subsistence for such a mean people (we dare not diminish our thankfulnes to God that he provides for us in a wilderness as he doth) yet neither will the forraer stand if the latter be discouraged, ner will both ever answer the ends of those that need er seeke great things. We per ceive there have been great expectations of what is to be had here raised by sorae mens informations, but those informa tions will prove fallacious, disappointing them that have relyed upon them. Aud, if the taking ef this course should drive the people out of the country (for to a coalition, therein, they will never corae) it will be hard to find another people that will stay long or stand under any considerable burden in it, seeing it is not a country where men can subsist without hard labour and great frugality. There have also been high representations of great divisions and discontents araongst us, and of a necessity of sending commissioners to releive the aggreived, &c. whereas, it plainly appeares, that the body of this people are unanimously satis fied in the present gov'raent and abhorrent frora change, and that what is now offered will, instead of releiving, raise up such greivances as are intolerable. Wee suppose there is no government under heaven, wherein some discontented persons may not be found ; and if it be a sufficient accusation against a government, that there are sorae such, who will be innocent ? 1664.] FROM MASSACHUSETTS RECORDS. 269 Yet thro' the favour of God, there are but few amongst us that are malcontents, and fewer that have cause to be se. Sir, the allknowing God knows our greatest ambition is to bve a poor and quiet Ufe, in a corner ef the world, without offence to God or man. Wee came not into this wUderness to seeke great things te ourselves, and if any come after us to seeke them heere they wiU be disappointed. Wee keep our selves within our line, and meddle net with matters abroad ; a just dependence upon, and subjection to your Majestie, ac cording to our Charter, it is far from our hearts to disacknewl- edge. Wee so highly prize your favorable aspect (the' at this great distance) as we would gladly do any thing that is within our power, to purchase the continuance of it. Wee were wil ling te testify our affection to your Majesties service, by an swering the proposal of your honourable coraraissioners, ef which wee doubt net but they have already given your Majes tie an account. Wee are carefully studious of all due subjec tion to your Majestie, and that not only for wrath, but for conscience sake. And should divine providence ever offer an opportunity wherein wee raight in any righteous way, accord ing to our poor and mean capacity, testify our dutiful affection to your Majestie, we hope, we should most gladly embrace it. But it is a great unhappiness te be reduced te so hard a case, as te have no other testimonj' of our subjection and loyalty offered us but this, viz., to destroy our owne being, which na ture teacheth us to preserve, or to yeild up our liberties, which are far dearer te us than our lives, and which, had wee had any feares of being deprived of, wee had never wandered from our fathers houses, into these ends ef the earth, nor laid our labours and estates therein ; besides engaging in a most haz ardous and difficult warre, with the most warlike of the na tives, to our great charge, and the lesse of seme of the lives ef our deare friends. Neither can the deepest invention ef man find out a more certain way of consistence, than to obtain a royal donation frem so great a prince, under his great seal, which is the greatest security that may be had in humane affaires. EoTAL Sir, it is in your power to say of your poor people in New-England, they shall not die. If we have found favor in the sight ef our King, let our life be given us at our petition (or rather that which is dearer than life, that we have ventured our lives and willingly passed thro' many deaths te obtain), and our all at our request. Let our government live, our patent Uve, our magistrates live, our lawes and liberties live, our religious enjoyments live, so shall we all yet have further cause to say, from our hearts, let the King live for ever. And the blessing of them that were ready te perish shaU come upon 270 PROVINCE PAPERS. [1665. your Majestie, having delivered the poor that cried, and such as had none te help them. It was an honour te one of your royal ancestors, that he was called the poor mans King. It was Job's excellency, when he sat as King araong his people, that he was a father te the peer. They are a poor people (destitute of outward favour, wealth and power), who now cry unto their lord the King. May your Majestie please te regard their cause, and maintain their right, it wUl stand among the marks of lasting honours to after generations. And wee and ours shall have lasting cause te rejoice, that we have been numbered araong your Majesties. Most hurable servants and suppUents. 25th of October, 1664. 3 May, 1665. 4, pt. 2, p. 147. This Court, considering the state ef the county of Norfelke as being exposed te great trouble & charge by reason of their remoteness frora any raagistrate, it is ordered that Capt. Eo bert Pike, ef Salisbury, & Mr Sarauel Dalton, of Hampton, er either ef them, shall & heereby are empowered as comissioners to take the acknowledgment ef deeds, te administer eathes in all civil cases, to put forth warrants, te search for stolen goods to take notice & punish defects in watching, to punish drunk- enes, excessive drinking and such like crimes ef inferior nature according to lawe, to bind over offenders to the County Court, to solemnize marriage to persons duly pubUshed, & all this during the Courts pleasure, and that Major Wm Hawthorne with the associates ef that county te keepe the County Courts there for the yeare ensuing. Commissioners Warrant to Constable, Portsmouth, July 10, 1665, Eeceived in Council July 12, 1665. These are in his Majesties name & by the authority given us frora his Majesty, require & coraraand you te give notice to all the householders in your towne to meet us his Majesties Com missioners at the ordinary place ef meeting on Thursday next at 8 of the clock in the morning, to the end that we communi- 1665.] FROM MASSACHUSETTS RECORDS. 271 cate to you a letter which we have lately received frem his Majesty, hereof faU not as you will answer the contrary. Given under our hands at Kittery the 10th day ef July 1665. To the Constable l Eobert Carr, of Portsmouth. J George Cartwright, Samuel Mavericke. To the much honored the Governor & Council of the Massachusetts. This warrant endorsed will certifye your Worships ef the present strait & exigence we are in. Our Oathes te the Gov ernment established in the Massachusetts obUge us te give you an account of the same, & wee humbly request your advice and Counsell with all expedition upon what poynt of the cora pass it wilbe our safety te steer, so as not to hazzard our allei- gance to his Majesty, er our eathes te the Governraent afore said under his Majestyes authority, each of which we are conscientiously sollicitous about. If it bee possible to have an answer within the time prefixed in the warrant, wee should gladly be at the charges of its conveyance. Wee doubt not your wisdomes will duly weigh our Condition, & excuse our putting you te this necessary trouble as also see cause to raake us some return as may further engage to continue. Portsmo. 10th July, 1665 — Your humble servants. .^^ „ . ( John Cutt, Eichard Cutt, X selectmen, | -^^^^g Stileman, Nath. Fryer. To the Worp" Eichard BeUingham Esq. Governer of the Massachusetts present. For the honored Deputy Governer to peruse. Hast ! post hast I 272 PROVINCE PAPERS. [1665. Councils letter to Mr Cutts and Selectmen of Portsmouth, read in Council July 12, 1665. Loving friends & Gentlemen : Yours of the 10th instant was received y° llth instant at midnight with the warrant inclosed & en perusaU thereof by as many of tbe Majestrates as such a juncture would permitt. It could net but be judged necessary to signify to you that your prudent and desires te perforrae duty & avoid all unnecessary dispute, that seems to be ef an obstructive nature is accepted of and acknowledged. Its matter of no small won der that Sir Eobert Carr, Col. Cartwright & Mr Mavericke have taken upon them shewing & declaring ne more or better grounds to justify their late actings in Yorkshire &c. new againe te breed you such trouble as to presume to sumon and require your inhabitants to meete together at their pleasure under pretence of communicating a letter lately received from his Majesty. Surely it cannot but be accounted a figg-leafe by all, that his Majesty is thus scandalized in so high a nature (as to be given out by them) that they have a letter from him te communicate to a single towne & net to his Colony & au thority so owned by hira (which doubt not but you may easily see through), & therefore advice is that neither yourselves as Selectmen, nor any of your inhabitants attend on any man dates from the Coraraissioners who went hence & refused to treat any further with his Majestys authority here established or to capitulate with thera declaring to them that you are un der his Majesties government & authority of the Massachusetts, & mui5t & will attend their orders only till the Generall Court understand & be satisfied his Majesties further pleasure and assure yourselves that all due care and authority shall be ex erted for your peace & safety; remayning Boston, 12th ) Your very loving friends, July, 1665. J Edward Eawson, Secret. In the name & by the order of the Governor & Conncil. Superscribed — " Fer our loving friends, Mr Jno. Cutts, Mr Eich. Cutts, Mr EUas Stileman, & Mr Nath. Fryer, Selectmen of Portsmouth." 1665.] FROM MASSACHUSETTS RECORDS. 273 For the honoured Francis Willoughby Esqr, Dep. Gov. & the rest of the Magistrates ef Middlesex nigh at hand, these deliver. [Indorsed] Gov" warrant to call a CouncU as y" time & occasion will permit. July 12, 1665. Gentlemen, the occasion of this sodden sendinge is a letter of great consequence sent to me this night by a post from Portsmouth. I was called up about 12 ef y= clock, & reading my letter I find it necessary to hasten an answeerr thereof in due season which cannot be done unless you with all expedi tion come over te my house at Boston to conclude concerninge the business. I have sent to you desiring te you te expedit a messenger to Cambridge for Mr. Gookin & Mr. Danforth and Mr. Treasurer with yeurselfe to meete at my house by sixe of the clocke this merninge : no raore but your presence for this business we desire. Your loving Sir, E. Bellingham, Gov. Boston 12 of July, at one ef the clocke in night after Tuesday. Desyred by Jno. Leverett. Letter from Selectmen of Dover to the Council in Massachusetts. 20 July, 1665. May it please the Honored CounciU, &c. Having see sure a hand it is a parte of our fidelity by these Presents to give you a brief acount ef seme late transactions here as having Relation to the Publick. The 10th of this Pr'sent, warrents being sent to our Constables frem the King's Commessioners in these parts te call the Town together the day foUowing at the place of meeting to hear a Letter from His Majesty lately come to their bauds, the Constables forth with gave notice thereof to the Mayen part of the Town be- 18 274 PROVINCE PAPERS. [1665. fore it came to the knowledge of Capt. Walderne, though thereupon it was stopped from the notice ef ethers, yett the foUowing day the meeting being Assembled and the Letter Read, they were required to choose two men to meet at the Harbour's Mouth en the 6th day following there to receive with ethers their Instructions as concerning ffertifications. Inquiry being made who must have liberty ef voting here in answer was made aU and every one, which Uberty wee fear wiU be improved by our Inhabitants in future meetings to our dis turbances, the 6th day following notwithstanding Letters and Warrants sent, such as were chosen by the Towne proceeded to meet according te apointment, where poverty Being pleaded as rendering them uncapable to manage such a work, they were showed the place for ffortification & Left to their Liberty till they were better able, forthwith upon the place was presented by the hands ef Abraham Corbet a Petition to His Majesty ffor the Inhabitants of New-Hampshire as they called it to Be taken from the Massachusetts goverment under his own to which sundry at the sarae tirae sett te their hands, since which time carryed about to procure more, this week a Court is kept at Wells & rumors are given out of their keeping a Court shortly at their return with us which if intended by them, wee ex[pect] it will be a suddaine busynesse before any Intelligence Can bee given thereof te yourselves, having credible information of these premisses wee Comit thera to your wisdome & consideration Beseching the Lord to direct you te do as Concerning thera & all your see weighty occasions w""" may issue in the good & wealle of all concerned therein. Eeraaining your Hurable Servants. Eichard Waldern, henert X Langstaff, John Davis, John Eobearts, Selectraen of Dover. Hist. Mera., No. 105. A. H. Q. 1665.] FROM MASSACHUSETTS RECORDS. £75 Council's Letter to Constable of Portsmouth. Whereas information is given that contrary to the laws of this jurisdiction, the inhabitants of your towne are summoned to meete together en the 13 ef this instant at 8 of the clocke in the morning. These are in his Majesties name te require you to warne all persons se assembUng to depart home te their respective places & in case any shall refuse or neglect obedience hereunto the names ef such persons you are to re turne with what you shall do under your hands, as you shall answer the contrary at your perill. Dated at Boston July 12, 1665. By order of y= Gov. & CounciU. These for the Constable of Portsmouth. B. E., Sec. Selectmen of Portsmouth to the Governor and Council, July 13, 1665. To the worshipful Eichard Bellingham, Esq' Gov of the Massa chusetts Coll. these presents, in Boston. Te the Hen, Governer, Deputy Governor and the Council! ef the Massachusetts Cel. Much honored. Wee have [net?] time enough by your pest haste messenger to write downe aU the words our thankfull hearts are ready in all humilitie te dictate whereby to lett your worships under stand hew thankfully wee take your deepe sence ef our con dition with your so speedy & seasonable advice. The success whereof the Bearers had rather report by words ef mouth, than give us leave to write but good manners in us wiU net permit us soe to doe. Many of our towne appeared, tho many did net, of those that appeared divers departed according te your warrant. The Commissioners read the Kings letter & made the inhabitants that were there present choose two per sons to meet with them tomorrow at our harbour's mouth to take order about the fortification, but the grand business is this, they positively declare unto the people that they neither did nor should belong unto the Massachusetts, but that they would immediately take them of frem & protect them against 276 PROVINCE PAPERS. [1665. the same, further saying they would de the same with all the people on this side the bound house. And for an hansell ? took away the Constables warrant refusing te returne it, but say they will carry it urite his Majestie, & thretten our former Con stable with imprisonment if he give not unto their hands some papers sent by the Councell the last year, thus their design is new obvious, our people the five te one are in their hearts for the Bay, yet are readily & dreadfully affrighted with the naraes ef Kings Commissioners, & account of everything sayd by them for Law. Wee feare they will gradually take advan tage upon us by secret seducing the Ignorant and ill affected, then will openly prevaU with the rest. Our work shall be te leek up te Ged first, to yourselves nextly, for farther direc tion what to doe & power te be enabled to doe according to direction that wee may be neither by force ner fraud deprived of that fellisitie, we long have had & hope for the future te enjoy under your happy Governraent nor may be nor account ed to be dilinquents either to Majesty er yourselves. We subscribe your humble servants, Portsmal3th-) John Cutt, July 1665. \ Richard Cutt, Selectmen, \ :^,^ias Stileman, ' ' Nath. Fryer. 1665, Aug. 1. Vol. 4, pt. 2. Thomas Danforth, Eleazer Lusher & Major Gen' Jno. Leverett, Esqrs. are appointed for the settling of the easterne parts, whose comission is as followeth : — The GeneraU Court of the Massachusetts jurisdiction in New England, te Thomas Danforth, Eliazer Lusher, & John Lev erett, Esq. You or any two of you are hereby fully authorized & irapow ered te repair in person to the Counties of Norfolk, Piscataqua, Isle of Shoals & York & to call before you any or every person er persons that have or shall act in the disturbance or reviling of the government there settled according to his majesty's 1665.] FROM MASSACHUSETTS RECORDS. 277 Royal Charter te this Colony, under the broad seal of England & to proceed against them according te their Demerits & the laws here established, & te do any act for the setthng the peace of the said places by declaration or otherwise according te your good & sound discretion, appointing ef Constables & associates for the Courts & keeping of the same, according to the articles ef agreement made with the said people ef the said Counties respectively and for the better enabling you herein, all officers military & civil & all others the inhabitants of this jurisdiction are required to be aiding and assisting to you for the ends aforesaid as you shall see meet to require. And in case you shall find it more expedient, you may send for any delinquents as abovesaid, by warrant, directed to any ef the officers of this jurisdiction, or such others as you shall appoint for the apprehending of their persons, & causing them te appear before you in such places as you shall appoint, where, after examination, you shall further proceed as the matter shall require, & what you shall do herein te make return to the next General Court &c The 18th of July, '65, John Foulsham sen. of Exeter being at Hampton, did produce certain wrightings to the vew ef seme then in his corapany. One of which was directed te the Kings majesty & entitled to bee the petition of Dover, Portsmouth, Exeter & Harapton. The contents of the said Pet. wear first a raanifestation of great joy & raised expectations that they had upon his majes ties sending over of Commissioners into these pts. 21y. Sorrow that the said commissioners were so evilly en tertained by the Bay Government, & themselves so much dis appointed of that good which they hoped to receive by their meanes. By way ef request that the King would take them into his iramediate protection. That they might be governed by the knowne laws of England. 278 PROVINCE PAPERS. [1665. That they might enjoy both the sacraments which they say they have bin too long deprived of They concluded with de sire of all temporal blessing &c. The subscribers. Francis Champaneo, This was the substance ef the Abrahara Cerbit Petition & the names of most Henry Sherborn ef the subscribers attests Sam- James Johnson uel Dalton, & may be further John Pickerin sen. evidenced by Henry Deering, Francis Drake John Sanborn, Abraham Per- Robert Burnam kins sen. Thoraas Marston. Edward Hilton John Feulshara. To our Trusty & well Beloved Col. Rich. Nichols & the rest ef the Commissioners for visiting our Colony of N. E. I hereby testifie I doe freely forgive & acquit Mr Eichard Cutt of Piscataqua Eiver concerning any injury which hee might be supposed to have done mee by some words, which hee was accused to have spoken against the King's Corarais sioners (about having a dagger put in to their bellyes or gutts), & if the said Richard Cutt never molest Thomas Wigin of Dover or Doctor Greenland of Newbury fer giving in evidence against him, er fer repertinge him to be the author ef such words, I promise never to produce these evidences which they have sworn te, before rae, to his hurt er daraage. In witness hearof I set te my hand & scale this 17th day of July 1665 at Strawberry Bank. George Cartwright. [l. s.] Whereas there is a report given out that I should returne the name of Mr Richard Cutt unto my Lord Chancellor among these which I conceive to be rebellious, I confess en his being accused for some words tendinge that way I intended see to have done, but on better information and consideration, I see nee just cause for it nor have I done it. witness my hand July 24th 1665. Samuel Mavericke. . [l. s.] Wee dee heareby testifie, that wee dee freely forgive & ac- quitt Mr Eichard Cutt of Portsmouth on Piscataqua Eiver, 1665.] FROM MASSACHUSETTS RECORDS. 279 concerninge any Injurie which hee raight bee supposed to have done us by seme words which he was accused to have spoken against the Kings Commissioners (aboute havinge a dagger put into their bellyes or gutts) or words to thq, like purpose And if the said Cutt never molest Thomas Wiggin of Dover, or Doctor Greenland of Newbury for giveinge in evidense against him, or for repertinge him te bee the author ef such words wee premise never te produce these wrightings & evi dences which they have sworn to before us te his hurt or dam age. In witness hearof I have heareunto set my hand & seal this 24th day of July 1665. Robert Carr, [l. s.] Samuel Mavericke. [l. s.] Thes three Copies as is abevewritten, I have compared with the originali y' the gentlemen as is above named sett te ther hands & seales & is the true Copies thereof as is attested by me. John Cutt, Com'. Portsmouth 29 (12 mo) 1671-72. The following is without date er caption & is lettered thus on the back, " Testimonies from the selectmen of Dover, Portsmouth, Hampton, concerning several delinquents in the townes aforesaid, viz. Hen. Sherborne, Abraham Cerbitt, John Fulsham, Edward Hilton, Eobert Burnham & others, thatt y" Cemraissioners have taken upon thera te exercise Government in those townes on the north of Merriraack Eiver & inferrae the people that they will take thera of frora the Bay Govern ment, as is proved by their warrants te the severall townes & their Lett, to the Councell, their expressions te the Marshalls when they were at Portsmouth, & to the people at a pubUck meeting at Portsmouth. 2. y' at the meeting at Portsmouth one Henry Sherborne being a freeman (when it was demanded who would be under the Immediate government ef the King & Eenounce the Mas sachuset) the sayd Henry Sherbon sayd " one and aU " or in words te the Like effect. 3. thatt one Abraham Cerbitt ef Portsmouth doth there keep a house of public entertainment by stilling & seUing strong liquors without license and takes his opportunity to 280 PROVINCE PAPERS. [1665. present pettitiens to persons & te endeavour te draw them off frem the Bay Government under a pretence ef subjecting te the King's immediate Government &c. & suffereth great disor ders in his house. 4. Severall persons about Pascattaqua have gone about with Pettitions to procure hands to be taken of frem the Bay Gov ernraent, the principal actors in which petition are here un derwritten. Abrahara Cerbitt, Eobert Burnham, Edward Hil ton and John Foulsham Sen'. The premises considered the Inhabitants of Dover & Ports mouth doe desire of this Court that sorae speedy Course may be taken to settle these places & to suppress that have bin the fomenters of strife & divissien amongst them. Richard Walderne, Eichard Cooke. To the Constable of Portsmouth. Whereas coraplaints have been made that Abraham Cerbett of the towne of Portsmouth hath in a disorderly manner stirred up sundry of the inhabitants to signe a petition or re monstrance against his Majesties Government here settled & in a contemptuous manner in sundry other respects hath de meaned hiraselfe. In his Majesties name you are required to warne ye said Cerbitt that he appear before the Generall Court to be held at Boston the llth of this instant & of what you shall do herein you are to make a true returne speedily to the Court or Secretary under your hand & net te faile at your perill. Thomas Danforth, Dated in Portsmouth Eliz. Lusher, 10, 8, '65. Wm. Leverett. You may inform hira that the Generall Court beginns te sitt the llth day, & he must appear as soon as timo will permitt after notice by this sumraons & in the name of the Court be fore the Governor. Indorsed, " Mr. Abraham Cerbitt was sumraened to appear before the General Court er the Governor the 20th ef October 1665, by me. Thomas Denes, Consta." Eeceived the 7th of Nov. per Woodman Sumner. 1665.] FROM MASSACHUSETTS RECORDS. 281 King's Commissioners. Here follows a further account of the Kings Commissioners in the Eastern parts. The inhabitants ef these parts being by the threats and calumniations ef the Kings Commissioners against the Massachusetts Governraent se terrified & amased that they did not well know what to do, such ef thera as were mere peaceably minded when they plainly saw the sad effects thereof, that is the reducing of them to a former if net a worse estate than that they were in before the Massachusetts extend ed their Governraent ever thera, viz. destitute of an able rain istry & liberty for those that were bold in sin & wickedness to rant it araongst them at a high rate, the consideration hereof filled their eyes with tears & their hearts with sorrow, for, to express themselves in opposition to the Kings Commissioners &c. It was rendered no less than treason in a high degree. Amongst others, take this one instance being the expression of Sir Eobert Carr, who in a high & resolute manner before sundry persons said that "If the rest of the Coraraissioners would have joined with him he would have hanged a poor old man at the next tree, and being asked by some gentlemen that were present, what the man's fault was, Hiraself confest it was only disrespect to them in forbidding his grand-child that was servant to one ef his neighbors to open the doors to them, his master and mistress being then from home, for he said what disrespect was put upon them he looked at as put on his Majesty. And those of Portsmouth & Dover being inforraed that some persons maliciously bent against the order and gov ernraent which had been ior sundry years a restraint to their licentious Courses, secretly & most perfidiously had drawn a Petition to be presented by Col. Cartwright at his return te his majesty in the name of Dover & Portsraouth & Exeter & Harapton four towns situate on the south side of Piscataqua Eiver & had carried the raatter se secretely that none but these that were of their Council could have the knowledge either of the actors or of the thing acted. The sad & uncora fortable event whereof they were very sensible & therefore earnestly applied themselves to the General Court of the Mass achusetts that in some orderly way they might have an eppor- 282 province papers. [1665. tunity put into their hands to clear themselves ef so great & unjust asper.sion, as were hereby cast upon the Governraent under which they were orderly settied & also manifest their sense of such perfidious actings, lest by their silence they sheuld be concluded as being of the same raind with the Peti tioners. On whose motion the General Court nominated three gentleraen & gave them a commission to act in the said matter for the settling of the peace of those places, as to them raight seera most meet. The result whereof in the return made un der the hands of the Commissioners with Copies ef petitions frem the inhabitants of Dover & Portsmouth & evidences in the Case here followeth with the copy of a letter directed to them frora Sir Eobert Carr eounterraanding the commissioners in the execution ef their trust committed to them by the Gen eral Court. We whose names are subscribed being commissionated by the General Court in August last to repair to the Plantations on Piscataqua Eiver On the 5th of this inftant, we repaired to Portsraouth in the County of Norfolke, & upon the 9th of the sarae instant by summons directed to the Constable we asserabled the inhabitants of the said town, unto whom we caused the Coraraission granted us by this Court to be read, & signified to thera that we were inforraed that a petition had been exhibited te the Kings Commissioners in the narae ef Portsmouth, Dover, Harapton & Exeter, subscribed by sundry hands containing a Coraplaint or Eeraonstrance against the government under which they were orderly settled by his Majesty's Royal Charter te the Massachusets the grounds whereof we did desire te know & for that end we called them together that in case they had any of them any just greivance upon their minds, they raight freely acquaint us with the same, & we should faithfuUy report the matter te the Court that sent us & in like manner upon the tenth of the same month we assembled the inhabitants of Dover, unto whom we also caused the Coraraission granted us aforesaid to be read & signified te them also what information we had received as is above recited, en hearing whereof the inhabitants of both the said townes respectively protested against the said Eemon strance or Petition, that was exhibited in their names to the 1665.] FROM MASSACHUSETTS RECORDS. 283 Commissioners, & freely professed themselves fully satisfied with the Government under which they are orderly settled as themselves acknowledged & tendered freely to acknowledge the same by presenting their petition to the Hon"* General Court as their Eemonstrance against the perfidous actings ef such persons as had so injuriously acted against the peace ef the place & whose names they said were the most of them unknown, only seme ef them informed us that one Abraham Corbet of Portsmouth had been very active in drawing up & promoting the subscription ef the said Eemonstrance, & that in other respects the said Corbet was an occasion of their great disturbance, & is a neurisher of rauch vice & wickedness by giving irregular entertain raent of loose persons in his house, against whom we granted an attachment for his ap pearance before us, but the Marshall returning that he was not to be found, we left a warrant with the Constable of Ports mouth to sumraons the said Corbet te appear before this Hen* Court, a copy of which Petition, from the several towns abovesaid together with the evidences tendered us on oath against the said Corbet as also a letter from Sir Eobert Carr sent unto us by a raan when we were at Portsraouth whereby he essayes pererapterily to countermand the Commission & power granted to us by the Hon* Court, we do herewith pre sent to this Hon* Court. Further we may inform this Hon* Court that the inhabitants when met at the aforesaid towns respectively informed us that sundry of their neighbours were prevented by the Providence of Ged, so as that they could not attend the raeetings but they know that raany mere that were absent were ef the same mind with themselves. Also upon inquiry concerning the other two towns viz. Hampton & Exeter, we were inforraed by the most knowing & pubUck persons of the places, that the people ef the said towns had net acted in er consented untp the said Eemonstrance, a Certificate in the behalf of Exeter we herewith also present, & in the behalf of Hampton also the like Certificate we conceive may be obtained in case this Court shall desire it. Thomas Danforth. Eleazer Lusher. Boston, 10 Oct. 1665. John Leverett. 284 PROVINCE papers. [1665. To the Hon'ed Gener. Court of the Massachusets in Boston, these presents show this tenth of October, 1665. May it please the Honored Court. Whereas we the inhabitants of Dover have received Credita ble information that the inhabitants of seme ef the townes bordering upon y"= River of Pascataqua have petitioned his Majesty o[u]r Dread Sovereign with respect te wrongs and usurpations they sustain in the Prsent Government under which they reside, for an alteration to be made amongst them in the Governraent as his Majesty please to order the sarae : We thought it necessary being assembled in a Townes meetinge te cleare orselves for or owne part by these prsents from hav ing any hand in any such Petition or Remonstrance, and in case any such act hath passed we looke at it as unworthy mis representation ef us the Inhabitants of Dover to his Majesty as being without any either consent or Meetinge for Congni- sance of the Towne or the Major part thereof. Furthermore as its o[u]r bounden Duty so upon this occasion we profess the same, that Ged assistinge we shall continue in o[u]r faith and AUegienee to his Majtie, by adhering to the present Gov erment established by his Roial charter in the Colony of the Massachusetts according to the Articles ef Agreement. We beseech the Lord for his presence in the midst of you, and his blessinge upon all your publick and weighty occasion and humbly take leave. Richard Walderne, "i William Wentworth, d i ^ John Roberts, \ Selectmen. John Davis, J It was voted at a publick townes meetinge October 10, 1665, that the contents hereof be presented to y= Gen, Oourt as the Townes aot, and that it be prsented to all the rest ef e[u]r nei- bors to subscribe their hand as any willinge. John Eeyner Thoraas Downs Peter Coffin X Eichard Cater X Henry Tibbuts X Charles Adaras Williara ffurber X Williara Laiton Thomas Nock Steven Jones Jeremiah Tibbuts John Leveringe 1665.] FROM MASSACHUSETTS RECORDS. 285 X Eoberd Evenes John Bickford Hate-evil Nutter x Richard Roe John Woodman John ffrost X John Heard John Chirch X Thomas Canny x Thomas Layton John Dam X WiUiam Beard. John Hall This is a trew Cope Taken from the eridgenall. Per me, William Pomfrett, John Clarke. Dover Town Eec, Ne. 100. A. H. Q. Portsmouth Petition or Subscription. To the Hen'd Gen'l Court of Massachusetts : May it please you — That whereas there is a bruite and fame of a petition drawne up by us the inhabitants ef Portsmouth, and sent us his Ma jestie, the contents of which is te charge the government of the Massachusetts with usurpation upon us and to supplicate an alteration of Government & governors that his Majesty hath at present established by his Eoyal Charter among us. Wee the selectmen fer the prudentiall affairs of the said town, & sundry others, the Inhabitants, dee Certify the Honored Court that we are inocent & cleare ef any such act, & dee dis- claime the same as any ef our Towne act, and doe account ourselves abused by any that have fathered such a thing upon us. In testimony whereof we subscribe our names the 9th of October 1665. ' Eichard Cutt, ~ , , Nath. Frier, Selectmen, jo^n Cutt, _ EUas Stileman. John Hart, Richard Corains, Richard Tucker, Jno. Moses, John Brewster, James Pendleton, Charles Gleeden, Leonard Weeks, Edward Bickford, Eich. Gess [Jose], Francis Eann, Eobert Townsend, 286 PROVINCE PAPERS [1665. Walter Neale, Samuel Haynes, John Westbreoke, Joseph Walker, Eichard Jackson, John Amenseen, Joseph Moss, Philip Lewis, Anthony EUery, (?) Stephen Grassam, John Lewis, Thomas Denness, Williara Seavey, James Cate. This may certify whom it may concern, that concerning the Question that is in hand, whether the town ef Exeter hath subscribed to that petition sent to his Majesty fer the taking of Portsmouth, Dover, Hampton & Exeter under his immedi ate Government, I do affirm to my best apprehension & that by raore than probable conjecture that the town of Exeter hath ne hand in that petition directly or indirectly. Witness ray hand, 10, 8, '65. Samuel Dudley. Henry Sherburne ag^ about 53 years. This deponent saith that being at his owne house one raorninge there came some ef our neighbours as they were going up te Strawberrie bank, they asked me if I would go with thera & I refused, & with much importunitie they persuaded rae & when I carae up there were people together to set their hands to a petition, & I this deponent hearing it read did refuse to set my hand to it, & further saith because as I did understand by what was read to the people there was in the petition some words concerning the usurping of power over the people here by the Massachu setts government, & this said petition was read by Mr Corbet to the people in his house, the number ef thera there present might be as I did apprehend about 18 or 20 persons or there about, & whether the Petition was directed to his Majesty im mediately er to his hen* Coraraissioners, I am net certain. But te one of them it was, & some then present set their hands to it. And further saith not. The time when this was acted some time like this last summer. Henry Sherburn. Portsmouth, 9 : 8. '65. Sworn before me. Thomas Danforth. 1665.] FROM MASSACHUSETTS RECORDS. 287 Eobert Purrington aged about 30 years being sworne doth say, that sometime this last Summer about May or June, Abraham Corbet ef Portsmouth came te rae in the woods, & spake to me about a petition from the Kings Coramissioners, to which set three hands, viz. the said Cerbets', Francis Drake & Wm Cotton, & in the said petition was contained sundry complaints against the government & the laws & he desired rae to speak unto others te put their hands to it, & at another tirae at his own house he (that is the said Corbet) persuaded sun dry that were present te the number ef 20 more er less that they would put their hands to a petition to the sarae effect as the forraer, sundry did put their hands to this last petition at Cerbets' house & sorae refused, & he said unto rae in the woods that Mr. Moedey's prayers were but babblings, also when we were at his house he told us that he had taken the naraes of sundry at Dover, for whora he drew a petition as I understood him. Taken upon oath before us. Tho. Danforth. E. Lusher. Jno. Joanes aged about 50 years, inhabitant of Portsmouth on Pascattaqua River in New-England, being sworne, on his examination doth say, that in or about July last. Sir Robert Carr, Kt. George Cartwright Esq' Samuel Mavericke Esq' call ing the inhabitants of the said towne together. Hee the said Jones was present araong sorae others te the nuraber ef about 100 people more er less as he judgeth & at the head of the Company Sir Robert Carr there & then said openly te the people that they would release them from the Government of the Bay, & that the Bay governraent sheuld come no fur ther than the bound house. Also the said Joanes do testify that he was present at the house ef Abrahara Corbet of Ports mouth where was mett sundry persons together, & the said Corbett did draw up a petition, unto which sundry hands were putt, which he understood was te be delivered to the Commis sioners & the time when this petition was drawn was when the gentlemen Commissioners abovenamed were in Ports mouth, & the purport or scope of the petition was that they might be released frem the Government of the Bay. Taken upon oath. Before ns, Thomas Danforth. the 7th of Oct. 1665. 288 PROVINCE PAPERS. [1665. Carfs Letter to Maj. Gen. Leverett, &c. Gentlemen : Hearing of your being at Strawberry Bank & being in forraed of your strict Course you intend against those that have supplicated his Majesty for their freedora & liberty, I could net de less than in his Majesty's name to request you to take notice of this inclosed which is a true Copy of a letter sent to the Governor & Council of Boston, and in his Majesties name I do again desire and require you would forbear trou bling or molesting such person or persons in Strawberry Bank, Dover or Exeter as have petitioned his Majesty, until his Ma jestys gracious pleasure be further known. This is all at pres ent but that I am Gentlemen, your friend & servant Robert Carr. Dated at Kittery 10. Oct. 1665. & was superscribed, " For Major General Leverett & the rest ef the Commissioners from Boston at Strawberry Bank. These." C. Eec, v. 4, p. 549. The Court having seriously & duly weighed several things which have been acted by his Majesties Honorable Commis sioners at the Eastward, since the last session ef the Court, tending to the disturbance of the Peace of his majesties good subjects there, judge meet forthwith to send to the aforesaid gentlemen to desire a conference with them concerning their actings aboveraentiened that this Court may be satisfied con cerning the sarae. On Sir Eobert Carr's answers to the Secretary made known to the whole Court : It was put to the Question, whether the Court would proceed any further at this tirae in that business. It was resolved on the Negative. C. Eec, vol. 4, p. 553. The whole court raeeting together, Ordered that the Secre tary forthwith issue out an attachment from this court & direct it te the MarsbaUs ef Dover & Portsmouth, to apprehend & seize the peson of Abrahara Corbet, & him safely convey te Boston & bring him before the Governor er Magistrates at Boston, to answer for his tumultuous & seditious practises against this Government, te be proceeded with as in their wis dom they shall find cause. C. Eec, vol. 4, p. 561. 1665.] FROM MASSACHUSETTS RECORDS. 289 Capt. Willard & Capt. Johnson's Oath about the North line. . Vol. 4, pt. 2, p. 242. Whereas the Generall Court of the Massachusetts, in the yeare 1652, appointed us, whose names are undersubscribed, to lay out the northern line of our patent, & now being called to give testimony of what wee did therein, to this wee say as follow"" : Besids our returne in the Court Book, p. 103, wee indented w"" two Indians, well acquainted with Merremak Eiver & the great lake te which wee went, borne & bred all their days thereupon, the one named Pentauhum, the other Ponbakin, very intelligent as any in all those parts, as wee conceive. We covenanted w"" them te leade us up Merremake River so far as the river was Merrimake Eiver. When wee came short of the lake about sixty miles,* then came two rivers into, one from the westward of the north, & the other from the northward of the east. The westerly river to me, as I then thought, was bigger then the other; but taking notice of both these rivers, & knowing wee must make use but of one, I called the Indians te informe us which was Merre make River ; their answer was, the-javer which was next unto us, that came from the easterly point, which river wee followed unto the lake. Witness our hands this 17th of the 3d month, 1665. Symon Willard, Edward Johnson. Attested on oath before the Gov'nor & Magistrates, assem bled in General Court. As attests. Thomas Danforth, p. order. This is a true copie compared with the original on file. Aa attests. Edw : Rawson, Secret. * This must be an error. Prom the junction of the Pemigewasset and Winnepesaukee river at Franklin, the distance to the "great lake" is scarcely twenty miles. At this day the Merrimack hears that name dis tinctively only to the junction in Franklin. Thence the Pemigewasset on the one side, and the Winnepesaukee on the other, are spoken of by their names, as branches of the Merrimack. Bd. 19 290 PROVINCE PAPERS. [1665. Bichard Walderne' s oath about Merrimack Biver. Vol. 4, pt. 2, p. 242. I, Eichard Waldern, being called by the Generall Court to give in evidence ef what I know about the name of Merremack Eiver, testify & say that about thirty years since, having seme comerce or trade w* the Indians at Pascataqua, and many others both of Paucatuck & Winnipicieket, did inquire what they called the river at Pennicooke. They said it is Merre make & inquiring why there were other names upon that river, the answer was, such names referred to the places of land where Indians live upon the river, not the river itself; but the river heareth the name ef Merremack, not only in that branch which runneth from Winnipicieket, but the other branch which runneth more westerly ; also, likewise about six years since, being sent for by Passaconaway & severall other sagamores, where there was a great many Indians at Penne- cooke, & being then at the fort which was by the rivers side, & enquiring concerning the narae ef the river, receaved the like answer as is above expressed. 17, 3 m., 1665. Attested on oath before the Governor and Eichard Waldern, magistrates in Generall Court. As attests. Thomas Danforth, per order. This is a true copie compared with the original left en file. As attests. Edw. Eawson, Secret. Vol. 4, pt. 2, p. 243. Peter Weares Oath, ad idem. Being called by the Generall Court to an give accompt of what my knowledg was concerning the extent of Merremack River, having oftentimes travailed the country, some of the natives always w'" me, which hath from time to time affirmed that the lake called Winnipaseket issues into the river of Mer remake, & having seme Indians w* me upon the north side of the s* lake upon a great mountaine, did see the said lake which . the Indians did affirm issues into the aforesaid river, having this report by them for the space of twenty-seven years. Peter Weare. 1665.] FROM MASSACHUSETTS RECORDS. 291 May 17, 1665. Attested on oath before the Govno' & Mages- trates, in generall court. As attests. Thomas Danforth, p. order. This is a true copie compared with the originali on file. ¦^**®^*s- Edward Rawson, Secret. At a Generall Court of Election held at Boston May 23, 1666, Capt. Eichard Waldren was chosen speaker fer the session.* On the request ef the Deputies of the County of Norfolk, Major Simon Willard is appointed by this Court te keep the County Courts at Hampton & Salisbury for the year ensuing. Mr Abraham Corbet being bound ever to this Court to an swer to what should be laid against him &c. at last, after de fault was made by his non-appearance. He appearing, The Court read the Commissioners Eeturn, & hearing his answers to the evidence produced proceeded : Whereas Abraham Corbet ef Portsmouth stands convicted of a seditious practice, stirring up sundry of the inhabitants of the place where he lives to discontent against the govern ment & laws here established, entertaining in his house such *At a meeting of the Selectmen [of Dover] the 29th 2d mo. 1665; Orders for Capt. Walldern Debety for the Genarl Courtt. 1. Ordered that wold stand to mayntayn our preveledge by vertu of our articklees of agrement, and to bring the proseding of the Court in writing. 2. That you move the general Courtt that our County Court may be al- tred for time of it untell September. 3. That we desire thankfulness may be Beturned unto the Court for the caer and Goverment under his Majesty. 4. That whereas we ar informed that several persons have made som writing in way of complaynt against us or som of our prosedengs, we know noe case theay have so to doe, and doe desier you to make all the Defence you. can against them. 5. And that whear as our parts ar soe fer distant from boston and the lawe doth Injoine all that will be made freemen to appeir at boston that you wold peteshon the Court that those that are Capabel to be made free may be at our Countey Courte. Dover Town Bee, No. 42. A. H. Q. 292 PROVINCE PAPERS. [1665. persons as are his Complices in these his proceedings, & by the information of our Commissioners late sent upon the place to inquire of the proceedings ef sundry malecontents, the said Corbet is rendered to be in his Course & practice the cause of much trouble to the peace ef his neighbors & contrary to the law, by keeping a house ef cemon entertainment is a seminary of much vice and wickedness. This Court doeth therefore or der that the said Corbet shaU give 100 pounds Bond with sufficient security fer his peaceable Demeanour, for the future & observance of the law, prohibiting his irregular practises by retailing ef Beer, Cider, Wine or Licquors, & that he shall also be disabled frem bearing any office in the town where he lives or in the Commonwealth & all during the pleasure of this Court, & that he also pay a fine of £20, & costs £5 for his apprehension and bringing down. Abraham Corbet came into the Court and acknowledged himself as Principal bound in £100, & Capt. Thomas Breedon, & Edmund Downs his sureties in £50 apeece, acknowledged themselves, their heirs, executors &c. bound respectively in the sums abovementioned to Eichard Russell Esq' Treasurer of this jurisdiction, en this Condition, that the said Abraham Corbet shall observe & keep & perform the sentence of the Court in all respects. In Answer to the motion & request of Mr. Nathaniel Fryer, Deputy fer Portsmouth, The Court judgeth it meet te desire & appoint the Hen* Deputy Governor & Major General John Leverett, or either of thera te keep the next County Court at Portsmouth in June next. C. Eec, vol. 4, p. 568. And it is ordered that the Hon* Deputy Governor & Major General on the place, consult with Capt. Richard Waldron, Mr John Cutts, Mr Richard Cutts, Mr James Pendleton, Mr Elias Stileman, Mr Nathaniel Fryer & Mr Peter Coffin,* and view the *By the Sellectmen [of Dover] the 15th, 2d mo. (65. Ordered, That Mr. Peter Coffin shall be Impowered by this meeting to Agree with some workman to Build a Terrett upon the meeting house for to hang the Bell which wee have bought of Capt. Waldern, and what it 1665.] FROM MASSACHUSETTS RECORDS. 293 convenientest place for erecting necessary fortifications for the welfare & safety ef the place & what the said magistrates or either ef them with any five of the said gentlemen shaU deter mine to be done for the ends aforesaid, shall be with the great est expedition mannaged and carryed an end by such person or persons as they shall order & appoint & that, when the For tification is made or is in such a Readiness as to receive great guns, this Court wUl not be wanting te such as are in power C. Eec, vel. 4, p. 569. 1665, 1 August. P. 274. It being put to the question whether a present addresse & application shall be made by this Court to his raajesty, that so his majesty may understand the grounds and reasons of this Courts transactions with his honi>'e commissioners, it was re solved on the affirraative. And accordingly the court proceeded, and agreed upon this addresse : Cost to pay out of what credit the Neck of land hathe in your hand, and if cost moor, wee doe ingage to pay you upon the Towne acompt. ElCHABD WaLDEENB, Will. Wentworth, John Eoberds. Dover Town Eec, No. 42. A. H. Q. By the selecktmen [of Dover] the 25 : 10 : 1665. Ordered that wheras thear ar several Deffrinces apprehended to be be twixt the Inhabetants of Dover and are principally with our naboers at Oyster Eiver, thes are therfoer to desire all our naboers that have anie Greivances to meitt together and to propound what matter of deffarance thear is and to stat the Case Against the next Publick Towne meiting is apoynted the third Monday in March weh is the I9th day therof at the meeting house in Dover Neck thear to Discorce the sayd defrences for the settlinge of peace amongst us, or if it cannot be ther agreed then to chuse some others to heir and determine the same, and the Constables of the Towne are heirby ordred to give notes [notice] to all the Nabors in thear Eespecktive places to meet for the end afoersayd. Dover Town Bee, No. 43. A. H. Q. 294 PROVINCE PAPERS. [1665. To the Kings most excellent Majesty, The humble Petition of the General Court of the Massachusetts Colony in New-England. Dread Soveraigne : — Let it not be unpleasing to your majesty that your poore subjects do againe prostrate themselves at your royall feete to beg pardon for what error or weaknes hath unwittingly slipt from us in our last addresse, wherwi"' your Majesty (as wee are informed by your Secretary) was displeased for (God knows) it was farr from our intention to give any occasion of offence. Wee desire plainly and affectionately to spread the case of yo' subjects here before the coraraon father and prince, who, being placed in se high a sphere, & at se great a distance might possibly want a right understanding of the greivances. But wee confess that what wee then presented was our feares of what wee did then rather foresee than feele ; but new, to our griefe and great sorrow of heart, wee find (& wee hope your majesty in due time wUl see) that the gentlemen sent hither in the capacitie ef coraraissioners, especially three ef them (fer Colonel Nicholls, we must acknowledge, had not his hand in many things that are greivous to us, and wee thinke would not ; whereas the coraraission seeras to import, that w'^out him no valid act can be done) who have steered a course so different from, if net contrary to, your majesties gracious expressions & limitations in your royall letters & instructions, and we believe very rauch against your gracious disposition & inclination, that these good ends of yo' majesties sending them hither, expressed in your letters, are, as much as in them Ues, made void & frustrate; and instead thereof, your poore subjects threatned with ruine, reproached w'" the names ef rebells, and your governraent, established by charter, & our priviledges, violated & underrained ; causeless complaints frem Indians receaved and countenanced, in so much that the very carriage and deportment of many ef the heathen is changed towards us; our injurious & Ucentieus neighbors anniraated against us, a notorious malefactor protected frem justice, seme of your faithfull subjects dispossessed of the lands & goods without hearing them speake in their cases, the unity ef the English Colonyes (which is the wall & bulworke, under God, against the heathen) discountenanced, reproached & under- 1665.] FROM MASSACHUSETTS RECORDS. 295 mined, our bounds & limits cUpt & shortened, severaU townes in our north border already (so farr as in them lies) taken from us, they declining to heare our just pleas therein, though offered to them. The particulars of these things & other of like nature, they have acted, w"'' are collected, with due proofe of them and transmitted to be humbly presented. We have ground te believe that these gentiemen wiU repre sent our cases in another dresse, & as here, by tongue & pen, so there te your majesty & ethers, will labor te render us as vUe as imaginable, & wiU net be wanting in endeavors to stirr up your majesty te wrath & indignation against us; but wee believe your majesties wisdome & goodness will net over hasti ly receive such impressions. But wee beseech yew, reyaU S', that you wiU thinke, & ex pect, & believe other and better things concerning youre poore suppliants, a just dependance upon & aUegiance unto your majestie, according te the charter wee have & doe pessesse & practise, & have by our oathes of allegiance te your majesty confirmed ; but to be placed upon the sandy foundations of a blinde obedience unto that arbitrary, absolute & unlimited power which these gentlemen would impose upon us, who, in their actings towards us have carried it, net as indifferent per sons towards us, this, as it is contrary te your majesties gra cious expressions, and the liberties of Englishmen, so wee can see [no ?] reason to submitt thereto. If these your colonies should be set into the flarae ef con tention and confusion either among themselves, or by the heathen, which seems to be the design of some, rather than not to have their wills, wee cannot conceive what profit er honor is like thereby to redound unto our lord the king. Wee hope there is nothing can be objected against us either by EngUsh or Indians, wherein wee are not able te cleare our innocency (human frailties excepted) & have manifested our selves always ready te give a rational! account of all our actions ; but if the quaUty of raany, if not most of the cem- plainents (as Indians, Quakers, libertines & raalefacters) were known as it is to all knowing men here & it would not be thought that those complaints should be accompted consider able. 296 PROVINCE PAPERS. [1666. But we must conclude, & comitt our cause unto the Lord God, & under him to your royall selfe, casting ourselves in all humilitie before your majesty, beseeching the ged of heaven to incline your heart to extend benignity, favour & a gracious aspect towards us, which of all outward things we most highly prize, and that wee desire ne longer to enjoy than while wee shall continue to pray fer your temporal! and eternal! happi ness & approve ourselves to be Your majesties most loyall subjects & suppliants. Ei : Bellingham, Gov' in y' name, & by order of y" Generall Court. 1st August, 1665. Copy of a Letter from King Charles the 2d to the Massachusetts Colony, in 1666. [Copied from Hutchinson's History of Mass., App., No. 19.] Charles, E. His Majesty having received a full information from his coraraissioners who were sent by hira into New England, ef their reception and treatraent in the severall colonyes and provinces of that plantation, in all which they have received great satisfaction, but only that of the Massachusets ; and he having likewise been fully inforraed of the accompt sent hither by the Counsel! ef the Massachusets, under the hand ef the present governer, of all the passages aud proceedings which have been there between the said commissioners and them frora the tirae of their first coraing over ; upon all which it is very evident te his Majesty, notwithstanding many expres sions of great affection and duty, that those who govern the Collony of the Massachusets doe beleive, that the commission given by his Majesty to these coramissioners, upon se many and waighty reasons, and after se long a deliberation, is an ap parent violation of their charter, and tending te the dissolu tion ef it, and that in truth they doe, upon the matter, beleive that his Majesty hath noe jurisdiction ever them, but that all persons must acquiesse in ther judgments and determinations how unjust soever, and cannot appeal! te his Majesty, which would be a matter of such a high consequence as every man discernes where it must end. His Majesty therefore, upon due 1666.] FROM MASSACHUSETTS RECORDS. 297 consideration of the whole matter, thinks fit to recall his sayd commissioners, which he hath at this present done, to the end hee may receive from them a more particular account ef the state and condition of those his plantations, and of the partic ular differences and debates they have had with those of the Massachusets, that so his Majesty raay pass his final judgment and determination thereupon. His Majesty's express command and charge is, that the governor and ceuncell ef the Massa chusets doe forthwith make choice of five er four persons te attend upon his Majesty, whereof Mr Eichard BeUingham and Major Hathern are te be two, both which his Majesty com mands upon their allegiance to attend, the other three or two te be such as the ceuncell shall make choice of; and if the said Mr BeUingham be the present governor, another fitt person is to be deputed to that office tiU his return, and his Majesty will then, in person hear all the allegations, suggestions, or preten ces to right or favour that can be raade on the behalf ef the sayd colony ; and will there raake it appear how farr bee is from the least thought ef invading or infringing, in the least degree, the royall charter granted to the said colony ; and his Majesty expects the appearance of tlie sayd persons as seen as they can possibly repair hither, after they have notice ef this his Majesty's pleasure ; and his further command is that there may bee noe alterations with reference te the governraent of the province of Mayne, tUl his Majesty hath heard what is alledged en aU sides, but that the same continue as his Majes ty's Commissioners have left the same, untUl his Majesty shall further determine ; and his Majesty further expressly charges and commands the governor and counsel! there, that they im mediately set all such persons at Hberty, who have been er are imprisoned, only fer petitioning er applying themselves to his Majesty's commissioners. And for the better prevention of aU differences and disputes upon the bounds and limits of the several colonyes, his Majesty's pleasure is, that all determina tions made by his Majesty's said commissioners with reference to the said bounds and limits may stUl continue to be observed, till upon a fuU representation of all pretences, his Majesty shall make his own final determination ; and particularly the present temporary bounds set by the commissioners between 298 PROVINCE PAPERS. [1666. the colonyes of New-Plymouth and Ehead-Island, until his Majesty shall find cause to alter the same. And his Majesty expects that full obedience be given to this signification of his pleasure, in all particulars. Given at the Court at Whitehall, the 10th day of AprU 1666, in the eighteenth year ef his Majesty's reign. Will. Morrice. 23d May, 1666. 4, 2d, p. 296. Whereas severall townes in this jurisdiction are net under the command of any serjant major, as Dover, Portsmouth &c. as also the townes in the county of Hampshire, it is ordered, that the major generall take care fer the regulating ef the military affaires ef such townes till they are brought under a major, as in other counties, & all military officers of such places are required obedienc to the orders of the major generall frem time to time, upon the penalty above mentioned for every defect.* 10 October 1666. 4, 2d, p. 326. On certifflcate that, en the 2d of October instant, the milli tary corapany at Portsmouth had made choice of Jaraes Pen dleton fer captaine, Walter Neale for lieftennant, & Nathaniel Drake for ensigne, the Court aUowes & approeves ef James Pendleton for Captaine, & orders the persons chosen for leften- *At a meeting of the Selecktmen [of Dover] the 27th 12th mo. 1666. Ordered that whearas many inconveniences and damages coming apon the Towne by severall of our Inhabitants taking in severall Parsones boeth men and women, do hierby order that none of our inhabitants shall from henceforth Admitt or Entertaine anie Inmate or sudgener or sarvant to be hired or taken into thear houses without Giving notis to the selleckt- men or anie one of them within thirty days after the Eecveing of anie such persons in to thear houses, uppon the Penalty of nintine shillings fine To the Towne Besides all other damedges the Towne suffroth By such persons taken in. f Eichard Wallbern, Townsmen, J Job Clemants, ( Antonbt Nutter. Dover Town Eec, No. 55. A. H. Q. 1667.] FROM MASSACHUSETTS RECORDS. 299 ant & ensigne to officiate in those places tiU they are admitted to the fredome of this country se it be once within twelve months of the date, & that then they have their comissions. At a General Court ef Election held at Boston 15 May 1667, Capt. Eichard Waldron was chosen Speaker. In answer to the petition of the inhabitants ef Exeter hum bly craving the favour of this Court to grant an enlargement on the back side ef their town, M'^est & by North ten miles & that Mr Wiggin dweUing in Swarapscot may contribute to the pubUc maintenance ef the ministry here : It is ordered that Capt Eichard Waldern Capt. Eobert Pike & Mr Samuel Dalton shall be & hereby are appointed as a Com mittee to view the land desired by the Petitioners & raake their report to the next Court, & as for that part ef their petition referring to Squarascet The Court refers them to a former order of this Court. In answer to the petition of Dover & Portsmouth it is or dered that Capt. Richard Waldern, Mr Richard Cutts & Mr Elias Stileman jointly & severall shall & hereby are impow ered with Magistratical power & enabled to act within the bounds & places of the jurisdiction of the Courts ef Dover & Portsmouth as matters & cases may present until the next Court of Election. 15 May 1667. 4, 2d, p. 339. Mr Richard Russell is appointed te keepe the County Court at Portsmouth & Dover for this yeare, which he being not able to attend, but procuring Major Wm. Hawthorn to supply his place the Court allowed thereof To the Hon''- General Court now assembled in Boston May 1667. The hurable petition of the inhabitants ef the two townes of Dover & Portsmouth on Piscataqua River. Humbly sheweth that whereas your Petitioners both from the necessitie of our naked condition & Injunction by this 300 PROVINCE PAPERS, [1667. Honored Court to erect seme fortifications* fer defence en Pis cataqua Eivers' mouth, the charge whereof lying only upon the two said townes & the burthen heavier upon us than upon any part of the Countrie considering the number ef our inhab itants, as also considering the straitness ef our towneships especially that of Portsmouth being crowded into a very Nar row, & eur Inhabitants growing numerous & wanting accom modations. Humbly desires this Hen* Court to grant your petitioners a tract of land in the wilderness upon the head of Dover bounds not yet granted unto any towne, er person, which may be an enlargeraent te eur inhabitants, & an ina bling them to carry on & perfecting ef the sayd fortifica^ tions begun wherein the whole Collony is deeply concerned, farther desiring this Honored Court that they will please that some declaration may be made in the said townes (er ether- wise as their wisdoms shall see meete) fer the quietting & qual ifying our Inhabitants concerning pattents & clairaes made by some persons disafected unto this Government. Moreover Considering that we for present are & still for a time may be without a Majistrate te cohabit among us (which we most earnestly desire) humbly pray this Court for the con firmation of Magistraticall power as formerly, settling of it upon sorae meete persons whome your wisdomes shall make choice of, especially in the towne of Portsmouth, that sin & wickedness may be Curled [quelled ?] which much abounds in these licentious times, the necessity of which urgeth us te beg & we hope will incline you to grant. And that all farmes already granted or te be granted greater er smaller may be- * By the Sellecktmen [of Dover] the 4th 5th (67. It is Agreed with left. Coffin to Buld the fort about the metting house on dover neck, one hundred foot square with too sconces of sixteen foot square and all the timber to [be] twelfe inches thick, and the Wall to be eaght foot high with sells [sills] and Braces, and the Sellectmen with the melleterey ofecers have agreed to pay him an hundred pounds in days workes at 2s 6d. p. day and alsoe to all persons Concerned in the worke on[e] day to help Bayse the worke at so many on day as he shall appoynt. Dover Town Eec, No. 56. Note. "The building of this fort is the flrst intimation we have of the construction of any defences against the Indians." A. H. Q. 1667.] FROM MASSACHUSETTS RBCOR,DS. 301 long to such of the two towns till this court take further order. Finally this Hon* Court the last yeare'were pleased to pro mise that they would do what might be dene fer a supply of great guns which is eur great want, that if it be possible we may have seme lent us until we can buy, or that they would be a meanes we might purchase sorae for such pay [as] our Eiver doth afford, the grant of all which will oblidge us as formerly se still to pray fer a happie success to all your most weighty affairs. Answer. In answer to the petition of Dover and Portsmouth, the Deputies Judg meet te grant them a tract ef land of 6 miles square for a towne in seme convenient place above Dover bounds not formerly granted, & that all farms that are or shall be layd out there shall belong to the jurisdiction of Dover and Portsmouth and that no person or dweller shall be left without Governraent to the westward of Dover bounds, er west & by North as said Dover bounds doth run till this Court take fur ther order. And that Capt. Richard Waldren Mr Eichard Cutt & Mr Elias Stileman have jointly & severally magistraticall power granted unto them to act within the bounds of either the two said townes as matters & cases may present untill this Court take further order. And whereas this Court hath been informed that there are some persons by their meetings & consultations, who are disaf fected to this Government, apt to disturb the peace of the place by endeavouring to introduce seme ether government, & this Court doth order that due notice shall be taken of all & every such person & their names returned to authoritie there estabUshed, that soe due course may be taken by these that have magistraticall power to suppress & prevent the same & according to the nature of the offence they are required to send such persons to answer here at Boston according to Law. 28. 3d. 1667. The deputies have past this refference te the Consent of our Honored magistrates herein. William Torrey, Cleric. The Magistrates consent not hereto. Edward Eawson, Secretary. 302 PROVINCE PAPERS. [1668. Yet the magistrates are willing & doe hereby Judge it meete to impower Capt. Richard Walderne, Mr Richard Cutt, & Mr Elias Stileman jointly and severally with magistraticall power enabUng them to act within the bounds of either the said two townes as matters & cases may present until next Court ef election, their brethren the deputyes hereto consenting. 28. May '67. Edw. Eawson, Scct. The Deputyes Consent hereto, so as in the 4th line after the word Townes marked be added & all other places included within the jurisdiction of the Court of Dover & Portsmouth. Our honored majestrates Consenting hereto. William Torrey, Cleric. Consented to by the Majestrates. Edw. Eawson, Secrit. Endorsed Portsmouth & Dover petition entered & 10s promised. Eead per curiam. General Court 1667. At a generall Court of Election held at Boston the 28th of AprU, 1668 : Major Generall John Leverett & Mr Edward Tyng er either of them are hereby intreated and impowered te keep the next Court to be held at Portsmouth in June next, & that the Major General take care te appoint some meet person to have com mand of the fortification there for the present, until this Court take further order. And it is further ordered that Capt Eichard Waldren, Mr Elias Stileman & Mr Eichard Cutts & either ef them, shall and hereby are invested with power, in all cases, te act as any Magistrate may do within the precincts ef Portsmouth & Dover for the year ensuing. C. Eec, vol. 4, p. 607. Mr Samuel Symonds is appointed to keep the County Court in Norfolk for the year ensuing. We whose names are hereunto subscribed being appointed by the Hon* Court to view & coneider of the bounds of the Towneshipp of Exeter, & to make returne to the next session of the Court two of us having taken a survey of the lands 1668.] FROM MASSACHUSETTS RECORDS. 803 about the town & other towns adjacent, we whose names are underwritten do judge that the bounds of the town of Exeter shall extend northward to Lampreel Eiver & from the first falls in Lampreel Eiver six miles upon a West & by North line adjoining te Dover bounds as they are laid out & confirmed, & then two miles further upon the same point ef the Corapass, that to be their North bounds & from the foot of Exeter falls by the present grist miU a raile and a half due South to Harap ton bounds, & from that South point te run upon a West & by North line 10 railes unto the woods adjoining to Hampton bounds, that te be their South bounds, & so from the end ef that line upon a strait line ever the land to meet with the other Une on the North that extendeth from Dover bounds. That te be their head Une westward, & Quamscot Patent to be their East bounds. Dated the 8th of the 8th rae. 1667. By us. Samuel Dalton, Richard Waldern. C. Rec, vol. 4, p. 610. Though I could not by reason of straitness ef tirae make a> full view of all the lands abovementioned, yet from what I de know of it, together with that information that I have had of these that de know well the Quality of the rest of the land, do judge that the bounds abovementioned may be just and reason able & do Concur in subscription. Robert Pike. In answer to the desire of John GUman in behalf of the town of Exeter fer settling the bounds of their town. It is ordered that Exeter bounds be stated & settled according te the above return of Mr Eichard Waldren, Mr Samuel Dalton & Capt Eobert Pike, who were appointed a coraraitee by the General Court the 8th of the 8th month 1667, provided that all pine trees fit for masts, which are twenty four inches diameter & upwards within three feet ef the ground, that grow above three miles from their meeting house, where it new stands in any place within the bounds of the said town, are hereby reserved for the publick. And that if any person or 304 PROVINCE PAPERS. [1668. persons shall presume to fall down any such Pine tree fit for masts he or they shall forfeit £10 for every tree the one half to the informer & the ether half to the pubUck Treasury of the County, Provided also that this grant unto the town ef Exeter shaU not infringe Mr Sarauel Symonds in his grant of 250 acres of land formerly granted. C. Rec, vol. 4, p. 611. 29 AprU 1668. 4, pt. 2, p. 364. Por County commissioners, this Court doth nominate & ap point Mr Elias Stileraan & Mr Nathaniell Fryer for Portsmouth. At a second session of the General Court held at Boston 14 Oct. 1668 : The humble request ef Abraham Drake ef Hampton, Mar shall, for advice from General Court or Hon* Majestrates now assembled at Boston, hew I may safely act in the execution of my office, referring te the case following. Having received an execution under the hand of the Clark of Hampton Court, which execution and original writ is here annexed — The defendant with his abettors still hold possession & upon demand after judgment given for the plaintiff refuseth te surrender. I find it a case rarely in use, & so difficult to me. Wherefore according to the direction amongst the pre cedents, as in the Marshalls oath, I crave advice of this Hon ored Court, whether in case the defendant or abettors refuse upon deraand being first raade by rae, I ought not by force to dispossess them & give possession te the Plaintiff, that is ef the house & milne with appurtenances, viz. Whatsover belongs to the said farm. That I may more fully be understood. By abet tors I intend Robert Wadleigh of whora the defendent holds, (who, with the defendent, have carried on the work & milne upon the Plaintiffs farm) their workmen or any else holding by the same refuted title. Abraham Drake, Marshall. In answer to the question propounded to this Court by [Abraham Drake] Marshall of Hampton, As the question is propounded to us. The answer ef this Court is in the affirma tive. The Marshall may take notice that it beheveth him in such cases to carry the matter fairly, by making known to the persons concerned the end of his coming & first to demand free 1668.] FROM MASSACHUSETTS RECORDS. 305 & peaceable possession. Then if he be denied or meet with opposition in the execution of his office. It is in his power to require sufficient aid to accomplish his work, fer after the judgment (without appeals) execution doth follow in Course, else it were in vain te any man to sue for his right, the law being still open for the contrary party to become Plaintiff if he cause so to do. The Court resolves this question in the affirmative. C. Eec, vol. 4, p. 625. 14 October, 1668. 4, pt. 2, p. 395. For the better prevention of the breach of the Sabbath, it is enacted by this Court & the authority thereof, that no servile worke shall be done on that day, namely, such as are net works ef piety, of charity or of necessity ; & when other works are done on that day, the persons so doing upon coraplaint or presentment being legally convicted thereof before any majes- trate or County Court, shall pay for the first offence ten shil lings fine, & for every offence after to be doubled, & in case the offence heerin be circumstanced with prophaness er high handed presumption, the penalty is to be augmented at the discretion ef the judges. As an addition to the law for preventing prephaning of the Sabeath day by doing servile worke, this Court doth order that whatsoever person in this jurisdiction shall travell upon the Lords day, either on horsebacke or on foote, or by beats from or out of their owne towne to any unlawful assembly or meet ing not allowed by law, are hereby declared to be pro^haners of the Sabath, & shall be proceeded against as the persons that prophane the Lords day by doing servile worke. At a Generall Court of election held at Boston May 19, 1669, Mr Thomas Danforth is appointed to keep the County Courts in Norfolk for the year ensuing. It is ordered that Capt. Richard Walderne, Capt. Eichard Cutts & Mr Elias Stileman, or either of them shall & hereby are invested to act with power in all cases as any one magis trate may do within the precincts of Dover & Portsmouth &o. 20 306 PROVINCE PAPERS. [1669. It is further ordered that the Commissioners that are chosen to keep small Courts there shall and hereby are impowered at those Courts to try all actions not exceeding £10 fer the year ensuing. This Court do order that the neck of land upon the east ward of the Great Island at Portsraouth shall be sequestered for tbe use ef the Fort planted there, taking in the great Eock, & frora thence all the easterly part of the said Island, & this Court do further order the County Court te be held this Summer at Dover, shall hear & deterraine the Claims of any that may pretend title thereto, & order their just satisfaction out of the Treasury of that County in case any just reason for the same to them do appear. In answer to the motion of the deputies for the County of York Maj. Gen. John Leverett is desired to keep the County Courts of Dover & Yorkshire in the latter end of this month & beginning of the next, & that Major Brian Pendleton, Mr Francis Neale, Mr Ezekiel Knight & Capt. Charles Frost, shall & hereby are irapowered with Majestraticall authority to act in that County fer the year ensuing as any other Magistrate may do. The Court en perusal ef the articles of agreement between this Colony & the Inhabitants of Dover &c. several of them well remerabring that Mr Edward HUton was one of those that were Commissionated to agree with this Court in behalf of the Inhabitants ef Piscataqua, De declare that Mr Edward Hilton is according te the articles exerapted frora the Country Eates & that accordingly ho be freed frora such irapesitions & that the Treasurer of the County discount Mr Hilton's propor tion with the Constable of Exeter upon his account, that was imposed upon him by the last County Commissioners. Portsmouth Address concerning the College. To the much Hen* the General Court ef the Massachusetts assembled at Boston, 20 May 1669 — the humble address of the Inhabitants of the town of Portsmouth humbly sheweth that seeing by your means (under God) we enjoy much peace & 1669.] FROM MASSACHUSETTS RECORDS. 307 quietness & very worthy deeds are done to us by the favora ble aspect of the Government ef this Colony upon us, we ac cept it always & in aU places with all thankfulness. And the' we have articled with yourselves for exemption from publique charges. Yet we never articled with Ge4 & our own conscien ces for exemption from gratitude which te demonstrate while we were studying, the loud groans of the sinking Colledge in its present low estate came to our ears. The releiving of which we account a good work for the house of our God & needful for the perpetuating ef knowledge both religious & Civil among us & our posterity after us, & therefore grateful to yourselves whose care & studdy is to seek the welfare of our IsraeU. The premises considered we have made a Collection in our town of £60 per annum (& hope to make it mere) which said sura is to be paid annually for these seven years ensuing to be irapreeved at the discretion of the Hon* Overseers of the CoUege fer the behoof ef the same & the advancement of good litterature there, hoping withal that the example of ourselves (which have been accounted ne people) will provoke the rest of the Country te Jealousy (we mean an holy emulation te appear in so good a work) & that this Ijon* Court will in their wisdom see meet vigorously to act for diverting the sad omen to poor New-England; if a College begun and comfortably upheld while we were little, should sine new we are grown great es pecially after se large and profitable an harvest, that this coun try & other places have reaped frem the same. Your accept ance of our good meaning herein will further obleige us to endeavour the appreeving ourselves te be your thankful & humble servants. John Cutt, Eichard Cutt, Joshua Moodey, in the name & behalf of the rest of the subscribers in the towne of Portsmouth. This address from the inhabitants of the towne of Ports mouth was presented by Mr Eichard Cutt & Mr. Jeshua Moo dey, 20 May 1669, & gratefully accepted of; & the Governor in the narae ef the whole met together, returned them the thanks of this Court for their pious & liberal gift to the College therein. Edward Rawson, Sec^y. 308 province papers. [1669. To the Honoured Generall Court of the Massachusetts assembled at Boston May 19, 1669. The humble petition of Oyster Biver is as followeth : Tbe consideration of your prudent & pious care for the ear ning the main end of planting this Colonie in the settling religion & promoting the welfare ef souls in every part of it subject te your dominion, government, deth imbolden us (who also are in some measure sensible of the great end we came into the world for, the advancement of the glerie of God in our own salvation) to present this humble address unto your selves. It is not unknown to some of you that the inhabitants of Dover (of whom fer the present we are a part) manie years since, taking in consideration the intolerable inconvenience of our travail manie miles, part by land part by water, many times by both, to the publick worship ef God, & the necessary stay ef manie ef us frem public worship who cannot undergo the difficulties ef travail te it, it was then publickly agreed & concluded that there should be two ministers at Dover, the one in Oyster river, the other at Dover neck* as appears by a town act, bearing date the fourteenth ef the 5th fiftie one (July, 1651) the means ef calling & maintaining both which are one, yet while we continue with them there is noe power improved on our behalf to that end ner have we anie ef our selves whereby we have a long time & at present groan under intolerable inconveniences, eur ministry being greatly weak ened & hazarded thereby, having neither head nor hand to move in order to calling when without, or settling & maintain ing when obtained, & it being so difficult for us to attend civili * At a Publeck Towne meitting holden the 22th, 5th mo. 1669, Voted, That for Accommodation of the Minestrey on Dover Neck, is set apart forty pounds of mill Bents and a penny Eatt in provition upon the Es tates of all the Inhabitants of the town of Dover, excepting Oyster Biver, and this order to stand for one yeir, the penny Bate to be paid in October or November, or a free contribution what Every man will free give. At the sam tim voted that there shall be a ministers house built upon dover neck the dementions is as followeth yt is to say 44 f in length 20 foot wide 14 foot betwine Joist and Joist with a stak of Brick chemneys and a sellai; of 16 foot squaer, this house to be Buelded at the charg of the hole town in general. Dover Town Eec, No. 63. A. H. Q. 1669.] FROM MASSACHUSETTS RECORDS. 309 meetings there, that often most of us cannot be there when we are in danger to be neglected or not se taken care ef, nor our affairs se well provided for as if we were a township ef ourselves, we being in all 220 soules near 50 families, 70 & ed souldiers, a considerable number of freemen hurably request this honoured court to grant us that so beneficiall a privilege of becoming a township with such bounds as have been al ready granted us, or shall be thought meet by this Honoured Court, & for this end we have sent John Woodman an inhab itant among us & give him power to join anie with him as he shall see meet for managing this our petition & prosecution of our farther reasons comraitted to hira sheuld this honoured Court, whose- care we know extendeth te us among the rest of this Colonie vouchsafe us a favourable answer to our request, whereas as new our hands & hearts are weakened in the work, prevision for the ministrie standing at a stay, the old & young in faraiUes tee rauch neglected, others of good use who would join with us, discouraged until wee becorae a township, sorae readie to leave us, if things stand as they doe, we trust upon your grant you would seen find our number increasing, our hands and hearts strengthened in the work of Ged, eur care mere vigorous for an able orthodox minister, our famiUes in structed according to law, ourselves growing in truth & peace to God's glerie, eur content & your good, & we shall not cease to pray to God Almightie for a blessing upon you in all your weightie concerns, & subscribe ourselves — Yours in all humble observance, John Bickford, John Medar, Richard Yorke, Thomas Willie, John Davis, John Hill, William Beard, Thomas Edgerlie, Robert Burnam, William Perkinson, PhiUp Chesly, Benjamin Matthews, Charles Adams, Davie Daniell, Steven Jones, Thoraas Drew, Walter Matthews, Joseph Field, Nicholas Dee, Zacharias Field, Vidua Elizabeth Drew, John Goddard, John Woodman, Matthew WiUiams, 310 PROVINCE PAPERS. [1669. Edward Lethers, James Smith, WiUiam Randall, James Huckins, WiUiam Pitman, Eobert Watson, Teag Eoyall, Patricke Jenison, Salathiel Denbow, James Thomas, Jas — Stinson, Walter Jacson, John Smith, Francis Drew. Having heard the petitioners with what is aleadged by Capt Walderne in the behalfe of Dover, that that towne is net in formed ef this motion, & by perusing many pages presented in the case together what is granted en both hands, we have grounds to hope there may be an agreement & settlement ef things betwixt themselves, which we commend to them Con ceiving it best that thej'- shall jointly agree upon tearmes, the which may be most advantageous to each other & fer publick good, & for that end deem it raeet to report (respit ?) till next session of the Court, when what they shaU agree upon may be confirmed by this Court, or in case ef non agreeraent, these petitioners to give notice in due season to their neighbours & brethren ef their intendments further te prosecute this motion of being a township at the next sessions of this Court that so they may have oppertunity te make answer thereto. John Pynchon, Edw. Johnson, May 25, 1669. William Parke. The Deputies approve of the return of this Committee in answer te this petition, our honored Magistrates consenting hereto. William Torrey, Cler. Consented te by the Magistrates. Edw. Eawson, Secry. Indorsed. A petition from Oyster Eiver inhabitants entered with the Magistrates Eead & referred, per Curiam. Ent. 1669. At the second session ef the General Court held at Boston the 18th of October 1669 The Court understanding that there is about 60 soldiers in Exeter, & that no Commission Officer is set over them, John 1670.] FROM MASSACHUSETTS RECORDS. 311 Gilman is by this Court appointed to be Lieutenant to the MUitary Company at Exeter & that the Secretary issue out a Commission according te Law, that se he may exercise the Company as the Law requires. This Court judgeth it meet to appoint John Gerrish te be Quarter Master to the Troop raising in Portsmouth & Dover. In answer to the Petition ef Eobert Wadleigh complaining of being Ulegally dispossessed ef a house, miU & ether estate by virtue ef an Execution en a judgraent against Nicholas Leesen at the County Court in Norfolk in April 1668, Henry Eoby, Attorney to & for Eobert Wadleigh, appeared & publick ly engaged himself & his heirs to stand te & satisfy the charge of this Court in & for the hearing ef this case. The Court on a fuU hearing of the case & what hath been alledged by the parties therein. Do judge that the petitioner hath been Ule gally dispossessed & order that he be repossessed in the said estate & have the cost of this Court fifty-four shUlings besides the charge of the court. At a General Court ef Election held at Boston May 11, 1670. In answer to the motion of the Deputies of Norfolk, It is ordered that Capt. Daniel Gookin shall and hereby is ap pointed to keep the County Courts at Hampton and Sahsbury with the associates of Norfolk for the year ensuing. On a motion of tho Deputies ef Dover and Portsmouth in behalf of most of the freeraen there. That whereas they have power in their associate Courts to try any Case under £20, and finding no law where they may appeal but to the Court of as sistants, the action many times being very small, and it is at a Charge te come to Boston for every sraall case, It is their de sire that the Court would grant thera an order that any per son cast or condemned may appeal to the County Court held in Dover or Portsmouth, and that some persons raay have raag- istraticall power in that County as forraerly. The Court judgeth it raeet to grant their request. And it is ordered that henceforth it shall be in the liberty ef Plaintiff and Defendant in all cases triable before the Court ef associates in Portsmouth and Dover, te appeal to their next County Court in Dover er Portsmouth, as in ether cases any custom or usage te the contrary notwith- 312 province papers [I671. standing. Capt. Eichard Waldron, Mr John Cutts, Capt. Rich ard Cutts & Mr Elias Stilemen & either of them are appointed & impowered with Magistraticall power, as any one magistrate, to act in aU cases fer the year ensuing in Portsmouth & Dover. In answer to the petition ef the towne ef Hampton, humbly desiring the favour ef this Court to support them under the great charge of their Causey over the raarsh, for divers rea sons rendered in their petition. The Court judgeth it meet to declare that they see no cause to grant their request, but leave it to the Court of that County to act therein, & to lay it on the County or leave it on the towne, as they shaU see cause. C. Eec, vel. 4, p. 658. 31 May, 1671. 4, pt. 2, p. 486. Whereas the law requires every towne consisting of one hundred famiUes or upward to sett up a grammer schoole* & appointe a master thereof able te instruct youth so as to fitt them for the Colledge, & upon neglect thereof, the said towne is te pay five pounds per anum te the next Lattin schoole untill they shall perforrae that order the Court upon weighty reasons judge raeete te declare & order that every towne of one hundred familyes & upwards that shall neglect or omitt te keepe a grararaer schoole, as is provided in that lawe, such towne shall pay tenn pounds per anum unto the next town schoole that is sett according to that lawe. * At a publick towne meeting held the 5, 2 mo., '58, " It was agreed by ye Select men together wth ye Towne, that twenty pounds p. annum shall be yearly raysed for the Mayntenance of a Schoolmaster in the Towne of Dover : that is to say for the teachinge of all the children within the Towneship of dover, the said Schole Master havinge the priviledges of all strangers out of the Towneship. The said Master also teach to reid, write, cast a compte, latine, as the parents shall require. Hist. Mem., No. 78. A. H. Q. At a Publick Towne Meiting holden the 4th first month, '71. For the better incoredgment of Mr. John Eayner in the ministry, the Towne doth order the fortey pounds of mill Bents with the penny Bate to be paid to him yeirly so long as he contineweth minister [of] the Towne of Dover : this penny Bate to be levid on the Inhabitaat of Dover Neck, Cochecho, Bloody Poynt and oyster Biver according to thear Artekels. Dover Town Bee, No. 81. A. H. Q. 1671.] FROM MASSACHUSETTS RECORDS. 313 P. 486-7. The Court, doe order, that henceforth the regimental! meet ings shall be in this following order i. e. Norfolke, including the County of Portsmouth & Dover, 1672. 9 June, 1671. 4, 2d, p. 496. Upon the desire of Symon Bradstreet, Esq to be released frem keeping the County Courts at Hampton & Salisbury, al- leadging some reason for it, the Court having considered his motion doe appoint Daniel Denison Esq. to keepe the said Courts for this yeare, & Mr Bradstreet is released. 1 Quest. Whither the revenew arising by rate or custome of goods imported, as also powder, paid by shipping, belonging to strangers & brought into the River of Pascataque, is to be returned to the publick treasury of this country? Thfts ques tion is resolved by the whole Court en the affirmative. 2 Que. Whither the mony already coUected in Piscataqua Eiver, viz — per custome or rate on goods imported &c. and fer powder paid by shipping, that is what hath binn received from straingers & such as are not inhabitants ef the said river, is to be returned te the publick tresury of this country ? This question also was resolved on the affirmative by the Court. 8 Quest. Whither the revenew arising by the rate or cus tome laid on goods imported, belonging to the inhabitants of Piscataqua Eiver, which is brought into the said river is te be paid into the country Treasurer ? This question is resolved on the negative by the whole Court. In answer to the motions of the severall deputies ef the county ef Yorkshire ; As to the first, relating te comissioners for triall ef cases at the Isle of Shoales & one of them to give oathes to wittnesses er juries on inquest, the Court judgeth it meete te leave it wholly to the Court of that County to issue & dee as they shall see meete. To the second, relating te freeholders veating in election of county officers, the Court refferrs them te the lawe in that case provided. To the third, a magistrate is appointed te keepe theire Courts as desired. 314 PROVINCE PAPERS. [1672. & to the fourth, Capt Waldern is impowered to sit in all asso ciate Courts there as at Dover & Portsmouth. Also at their request, Mr Elias Stilemans Coraission is continued amongst them & invested with magistratticall power. 15 May, 1672. 4, 2d, p. 516. It is ordered that aU the customes & imposts any wayes raysed or to be raysed in Piscataqua Ryver for goods landed there, or drawing wine & beare, &c. be, by the officer appoint ed to collect the same, delivered to the Comittee ef miUtia there, to carry and end & support the fortifficatien there, till this Court shall take further order. Capt. Richard Walderne is apointed & impowered to keepe Courts in the County of Yorkshire with the rest of the asso ciates there, & is also invested with magistratticall power for that county ef York fer the year ensuing. In answer to the motion ef the deputy of Hampton, Mr Samuel Dalton is appointed & impowred to solemnize raarriage of persons (one of whora is resident in that towne), being published according to lawe, and to administer eathes te wit nesses as cases may require, & also comissionated te be an associate in the County Courts as the last yeare. P. 530. In ansr to the motion of the deputies of Portsmouth, the Court judgeth it meete to order, that the bounds betweene Portsmouth & Harapton, as to their towneships, be determined & setled, & that Mr Elias Stileraan, John Gilraan of Exeter & Mr Samuel Dalton attend this service and make returne ef what they shall deterraine to this Court ; and this Court de clares, they shalbe wiUing te grant te Portsraouth, laud for a viUage when they shall declare to this Court the place where they desire it. 11 October, 1672, 4, pt. 2, p. 546. Laid out te Capt. Richard Walderne, for the use of Capt. Thomas Lake & partners, by virtue of an order ef the Generall Court held at Boston, the 21 day ef May 1671, one thousand two hundred & eighty acres of land on the southwest side of 1673.] FROM MASSACHUSETTS RECORDS. 315 the River of Newitchawanacke, & about a mile above the head line of the towneship of Dover, as followeth, viz. beginning at a certaine elbow of the said river knowne by the narae of the Great Eddy, neare te a point ef land called Geljabs Neck, & frem the said Great Eddye six hundred & forty rods west & by south in the length of the said land ; and frora the said Great Eddy three hundred redds north and by west for the breadth of it. AprU 26, 1672. Per me, John Winooll. Y'' plott en file. Whereas this Court granted to the inhabitants of Portsmouth land for a village the last session, & having now brought in a platt ef a tract of land above Dover bounds, the said land so laid out is hereby confirmed te the inhabitants of Portsmouth, provided a farme ef three hundred acres of upland & meadow be laid out in some convenient place for the use of the country by Ensigne Davis ef Dover, & Mr WincoU, as also that the said plat entrench not on any forraer grants laid out, and that the said land be improved fer a village in five yeares, with twenty families, such as shall mainteyne an able & appreeved ministry, and that this land & village be liable te country rates as other townes in this colony are. Y'^ plat is on file. At a Generall Court fer Elections held at Boston 7th May, 1673, Capt. Richard Waldron was chosen Speaker for this session. In answer to the motion of the Deputies for Portsmouth & Yorkshire, It is ordered that Wm. Stoughton Esq' shall & hereby is appointed & impowered to keep the County Courts at Dover & in Yorkshire with the associates there fer this yeere. It is further ordered that Capt Eichard Walderne, Mr John Cutt, Capt Eichard Cutt and Mr Elias Stileman shaU & hereby are impowered with magistraticall power in these precincts for this yeere ensuing, ie, York & Dover & at Portsmouth. It is ordered that Daniel Gookin Esq' keepe the County Courts of Norfolk with the associates there for the yeare ensuing. 316 PROVINCE PAPERS. [1674. It is ordered by this Court that Maj. Robert Pike shall have & hereby is invested with magistraticall power in the County of Norfelke & to act in all cases as any one magistrate may doe, & that Capt. Nathaniel SaltonstaU & Mr Samuel Dalton shall & hereby are alike irapowered. C. Rec, vol. 4, p. 720. Upon the consideration had ef the act of the coraittee of the militia fer the Ryver of Pascataqua to this Court, it is ordered by the authority of this Court that the souldyers dweUing en the great island at Pascataqua, with the soldjers in Kittery, from Spruce Creek eastward, shall be dischardged from the companyes of which they forraerly were, & frora henceforth shall becorae a distinct foot company & te belong to the forti fication upon great island aforesaid, te be trayned & exer cised there from time to time, & to be ready on all occasions to attend the service thereof for its defence & security. And it is further ordered, that Mr Richard Cutts shallbe captaine & comander in chiefe of the said Fort & the foot company now established, BHas Styleraan te be leiftenant & Joakim Harvey to be ensigne, & that comission issue ef from this Court for the enabUng of thera to discharge their trust. 10 December, 1673. 4, pt. 2, p. 572. Itt is hereby ordered by this Court and the authority there of, that there be forthwith impressed and listed in the regi ment of Suffolke one hundred and seventy foote souldjers — in the regiment of Norfolke & Dover, eighty, &c. At a General Court for Elections held at Boston in New- England, May 17, 1674. In answer te the motion and request of the Deputies fer the County of Norfolk, it is ordered that Mr Staughten Esq' shall & hereby is appointed to keepe the County Courts in that sheire with the associates there for the yeare ensuing. It is ordered that Major Eobert Pike, Capt. Nathaniel Sal tonstall & Mr Samuel Dalton certified te this Court & nominat ed by the freemen of the County ef Norfolk, shall be and hereby are appointed & authorized to be Associates for the 1675.] FROM MASSACHUSETTS RECORDS. 317 County ef Norfolk for the year ensuing & each of the said gentlemen are hereby invested with Magistraticall authority in the said County for this yeere. Major Thoraas Clark is appointed to keepe the County Courts at Portsmouth or Dover, as also in Yorkshire for the year en suing with the associates there respectively. C. Eec, vel. 5, p. 4. 27 May. Vel. 5, pp. 5, 6. In answer te a motion frora the deputys ef Dover' &c. this Court nominate & appoint Capt Eichard Walderne, Mr John Cutts, Capt Eichard Cutts'& Mr Elias StUeraan, to be & hereby are invested with magistraticall power there for the year en suing. In answer to the petition of the Selectmen of the towne of Portsmouth, in behalfe ef the towne, the Court refferrs the consideration thereof te the next session of this Court in order to a cleere & right understanding of it; fer the atteyning thereof it is ordered, that the secretary give notice te all parties concerned, i. e. Dover, Portsmouth, Exiter, Hampton, & Mr Andrew Wiggins, to give their attendance at the Gen erall Court at their next session in October, to give the Court such information as whereby they may give a full and cleere determination thereupon, except they can agree it amongst theraselves, and signify the same under their hands to the Court. 1675, 12 May. 5, pp. 30, 31. Major Richard Walderne, Capt. Eichard Cutts, Mr Elias Styleraan & every of them, are appointed Comissioners for Portsmouth for the yeare ensuing as the last yeare, and Major Waldern also is appointed Comissioner in Yerke. Major Eichard Walderne, Major Eobert Pike, Capt. Eichard Cutt, Capt. Elias Styleraan, and Mr Eichard Martyn are al lowed & appreeved ef te be associates fer the County ef Dover & Portsmouth, as they were returned by the townes ef that county. 318 PROVINCE PAPERS. [1675. 1675, 12 May. P. 38. In ans' te the petition ef the inhabitants ef Oyster River, Phillip Hellet, Jno. Bickford, Eobert Burnams, John Woedraan and others, it is ordered. That the petitioners shall have liberty yearely to cheese three selectmen, who shall have power to make such rate or rates as they shall see the necessity for the maintenance of the ministry, to be collected by the constable according to law. Oct. 13. For the better security of the County of Dover & Portsmouth & of Yorkshire & the parts adjacent, it is ordered that there shall be forthwith 40 able men raysed & sent te Major Waldern te be by him disposed of for the end aforesaid, & not to be called of without the sayd Majors Consent, or else by order of the GenU Court er Council. It is further ordered that the 18 soldiers already sent out of Norfelke & at present under the coramand of Mr George Breughton, shall be part of this num ber, & the other 22 shall be raysed by the Major Generall out of the County of Essex. C. Eec, vol. 5, p. 51. P. 55 and 56. This Court having taken into their consideration the great and dayly growing charge of the present warr against the Indians, doe hereby order and enact, that, for the defraying of the charges above said there shall be levyed seven single country rates. The severall townes proportions. Harapton 028.00.00, Exeter 008.08.00. 21 February, 1675-6. 5, p. 72, 73. Uppon consideration ef many sculking Indians about our plantations doing rauch mischiefe & damage, & that a probable way for their surprisall is by scouting in small parties, for en couragement thereof, this Court doeth order, that every person or persons that shall surprise, slay, er bring in prisoner any such Indian on the south side of Piscataqua Eiver, he or they shallbe aUowed three pounds per head, or the prisoners so taken, making it appeare te the comittee of militia of that towne to which they are brought. 1676.] FROM MASSACHUSETTS RECORDS. 319 It is ordered that Leiftenn' EUas Styleraan dee succeed Captaine Eichard Cutts, deceased, in the command as Captaine of the fort on the great island in Piscataqua Eiver. 25 February, 1675-6. 5, p. 76. It is ordered that the comittees of militia in the townes & county ef Dover & Portsmouth shall & hereby are required & impowered to raake nine severall rates en the inhabitants thereof, according to law, towards the responding the charges of the warr, to be collected & speedily payd in to the Tresurer of that ceunty, to answer the end ef said coraittee, & be dis posed of accordingly ; and the comittee ef militias are by themselves, or their order to audit all accompts of the charges expended in this warr. 3 May, 1676. 5, p. 79. "For the preservation of the frontier townes it is ordered, that each of the said townes be by the comittee of militia divided into so many parts, as a meete number may each day by turnes be sent forth upon the scout, with whom a party ef Indians at the charge ef the country, shall be joined - - ----- and that the frontier townes be accounted — Haverhill, Exetter — and for their further security it is hereby declared te be the duty of every chief comraander or officer present in any towne upon notice given him ef any assault, or distress of any neighbour town to send forthwith what ayde can be spared with safety at home, for the security of the distressed." 1676, 5 May. 5, p. 87, 88. Wm Stoughton Esq. is appointed authorized & impowred to keepe the Ceunty Courts in Portsmouth or Dover, and also at Wells in Yorkshire, fer this yeare, at the times & daies ap pointed with the associates there allowed & appreeved ef by this Court fer that service in those countyes. Major Eichard Walderne, Capt. Elias Styleraan, Mr Eichard Martyn & Capt Thomas Daniel were chosen associates fer the ceunty of Dover and Portsmouth for the yeare ensuing, which the Court allowed and approoved of. 320 • PROVINCE PAPERS. [1676. 9 August, 1676. 5, p. 101. There having been an emission at the Court ef Elections to constitute persons in majestraticall power fer the county of Dover & Portsmouth, it is ordered that the present associates in that county for the yeare ensuing invested with magistrat ticall power, shallbe, Major Richard Waldron, Capt Elias Style- man, Mr Richard Martyn & Capt Thoraas Daniel. 12 October, 1676. 5, p. 122, 123. It is further ordered, that seventy raen be impressed out of Essex and sixty out of Midlesex, which shall be sent by land to Piscataqua, whither amnitien & provissien shall be forthwith sent. The said forces with so many as are already in those parts as raay be spared frora securing the town, shall, after the recovery ef Black Point, be iraployed to march towards the ennerays quarters towards Pegwakeck &c. on this side Kennebeck, & these te be conducted by such as the Generall Court er Council shall appoint. It is ordered, that all these men that carae frem the deserted places at the eastward, fitt for the country's service, be im pressed & imployed therein, and that the Majo" and comittees of the several countys & townes doe accordingly irapresse & lyst thera fer this present expedition. It is ordered that seventy ef the most able soldjers, impress ed in Suffolke for the design intended at Kennebeck, be sent te Piscataqua and are to attend the order of the major gener all, or such ether cemanders as the Council shall appoint to mannage the design there against the enemy, and it is further ordered, that one of those vessells appointed for Kennebecke be forthwith sent away with cloathing & ether provissions & amnitien to Piscataqua. 12 October, 1676. 5, p. 124. This Court having appointed Major Gen. Denison te repair unto Portsmouth, and there to take care for the improovement of the soldjers now raysed against the incursion ef the comon eneray in these easterne plantations and te give his orders accordingly, doe hereby authorize and impower him to take the comand ef aU the soldjers & places of deffence in those 1676.] FROM MASSACHUSETTS RECORDS. ^21 parts, and all military cemanders, officers & souldjers with others that are the inhabitants ef those parts, are hereby re quired to take notice thereof, and te yeeld obedience to him accordingly. And fer the better mannagement of the said trust to hira hereby coraitted, he, the abovesaid major generall is hereby authorized & irapowered te irapresse men, horses, provissions & aminition, as to him shall seeme meet, and to punish by fine, imprisonment, or any other corporali punish ment as the law directs, all such as shall neglect er refuse to execute his warrants, er yield obedience to his comands, er be otherwise transgressors ef the military lawes established by this court. Copy of Bobert Mason's Petition to the King.* [Copied from Far. Belknap, Vol. 1 ; App. 440.] To the Kings most exceUent raajesty. The humble petition ef Robert Mason, proprietor ef the Province ef New-Hampshire, in New-England, sheweth — That your majestys royal grand father, King James, ef ever blessed memory, did by his highness' letters patents under the great seal of England, bearing date at Westminister, the third day of November, in the eighteenth year of his reign, give, grant and confirra unto several of the principal nobility and gentry ef this kingdora by the narae ef the council of New- England their successors and assigns forever, all the land in Araerica lying between the degrees ef 40 and 48 north latitude by the name of New-England, te be held in fee, with many royal privUeges and iraraunities, only paying to his majesty his heirs and successors one fifth part of all the ore of gold and silver that sheuld at any time be found upon the said lands, as by the said letters pattents doth at large appear. * At a public meeting — [Dover, July 16 "It is unanimously agreed upon, voted and ordered that our trusty and well beloved Bichard Walderne, sarjant Major, do in the name and behalf of our town petition his Maj'te that he would interpose his Boyal authori ty and afford us his wonted favor, that we be not disturbed by said Mason or any other, but continue peaceably in our present just rights under his Maje'tys Massachusetts Bay government." Hist. Mem,, No. 75. A. H. Q-. 21 322 PROVINCE PAPERS. [1676. That John Mason, Esq., your petitioner's grand-father by vir tue of several grants, from the said council of New-England, under their coraraon seal bearing date the 9th of March 1621, the 10th ef August 1622, the 7th ef Noveraber 1629, and the 22d of April 1635 was instated in fee in a great tract of land in New-England by the name of New-Hampshire, lying upon the sea coast between the rivers of Naumkeak and Pascataqua and running up into the land westward three score miles, with all the islands lying within five leagues distance ef any part thereof, and also the south half of the Isles ef Shoals, and also the said John Mason together with Sir Ferdinando Gorges, Knt. was enfeoffed by the aforesaid council of New-England in other lands by the name of Laconia, by their deed bearing date the 27th day of Noveraber 1629, the said lands lying and bordering upon the great lakes and rivers of the Iroquois and other nations adjoining. All which said lands te be held as fully, freely, in as large, ample and beneficial manner and form te all intents and purposes whatsoever as the said council of New-England by virtue of his majestys said letters patents might er ought to hold and enjoy the sarae, as by the said several grants appears. Whereupon your petitioner's said grand father did expend upwards of twenty-two thousand pounds in transporting peo ple, buUding houses, forts and magazines, furnishing them with great store ef armes of all sorts, with artUlery great and smaU for defence and protection of his servants and tenants, with all other necessary commodities and materials for estab lishing a settled plantation. That in the year 1628 in the fourth year of the reign of your majesty's royal father, some persons did surreptitiously and unknown te the said council, get the seal of the said council affixed te a grant ef certain lands, whereof the greatest part were solemnly past unto your petitioner's grand father and others long before, and seen after did the sarae persons by their subtil practices get a confirmation of the said grant un der the great seal ef England as a corporation by the name of The Corporation of the Massachusett Bay in New-England your majesty's royal father being unwitting thereof, and hav ing thus by fraud obtained a grant and confirmation, they 1676.] FROM MASSACHUSETTS RECORDS. 323 compelled the righful inhabitants te desert their plantations, and by many outrageous actions they became possessed of that part ef the country, declaring theraselves to be a free peo ple, framing te themselves new laws, with new methods in religion absolutely contrary te the laws and customs of this your majesty's realm of England, punishing divers that would not approve thereof, sorae by whipping, ethers by burning their houses and sorae by banishing, and the like. At last the complaints of the oppressed subjects reaching the ears of your royal father, his raajesty caused the whole matter to be examined before his most honorable privy coun cil and all being fully proved, his raajesty did command the council of New-England to give an account, by what authority er by whose procurement those people of the Massachusetts Bay were sent over, his majesty conceiving the said council to be guilty thereof. But the said council ef New-England made it plainly to appear to his majesty that they were ignorant of the whole matter and that they had ne share in the evils committed and wholly disclaim the sarae, and the said council finding they h^d not sufficient raeans te give redress and rectify what was brought to ruin, they hurably referred it to his raajesty te do therein as he pleased, and thereupon the said council of New- England resolved to resign, and did actually resign the great charter of New-England into his raajesty's royal hands, seeing there was an absolute necessity for his majesty te take the manageraent of that country to himself, it being become a busi ness of high consequence and only to be remedied by his sov ereign power, all which appears by the declaration of the councU of New-England dated the 25th of April 1635, together with the act of surrender ef the great charter ef New-England dated the 7th day ef June the same year. That immediately thereupon his raajesty in trinity term, 1635, caused a que warranto to be brought up by Sir John Banks his majesty's then attorney general against the gov erner, deputy governor and every of the assistants ef the said corporation of Massachusetts in New England severally, ac cording to their names mentioned in the said patents of incor poration being twenty-six persons, whereof two being dead, of 324 PROVINCE PAPERS. [1676. the remaining twenty-four persons, there did fourteen at seve ral tiraes appear at the kings bench bar, and there disclaimed the charter, the remaining ten persons were outlawed and thereupon Judgment given fer the king, that the liberties and franchises ef the said corporation ef Massachusetts Bay should be seized into the king's hands and the body of the governor to be taken into custody fer usurping the said liberties, all which appears by the rolls in the crown office, and office ef custos brevium for the kings bench of the proceedings in the several terras frora the year 1635 to 1637. That thereupon his said royal raajesty on the 3d day of May 1037, did order in council that the attorney general be required to call for the said patent and present the sarae to the board, and his majesty by his declaration of the 23d of July, 1637, in the 13th year ef his reign declared his royal pleasure for es tablishing a general government in his territory of New-Eng land for the prevention of the evils that otherwise might ensue for default thereof, thereby declaring Sir Ferdinando Gorges te be governor general of the whole country, and requiring all persons te give their obedience accordingly. That the wars and troubles immediately ensuing in Scotland and presently after here in England, did hinder his said Ma jesty from settling that country, or prosecuting the right which he intended his subjects, however the proceedings of his raajesty caused sorae restraint to the further violences and oppressions ef the said Massachusetts and they contained themselves for a time within their pretended bounds, but no sooner was that king of blessed memory, your royal father, become a sacrifice but they renewed their former violences by oppressing all the other colonies and designing by encourage ment from some in England to erect theraselves into a com monwealth, and in order to lay a foundation for this power and dominion which they now aspired unto, they thought it necessary to extend their bounds and spread into a larger ter ritory than as yet they had usurped, and that this work might not be dene without a mask er color of right, they de in an assembly held at Boston, the 19th ef October 1652 seriously peruse the grant (which had been procured as aforesaid) and therein weighing the words, and trying what new sense they 1676.] FROM MASSACHUSETTS RECORDS. 325 might bear more suitable to their increase of power, they thought fit at length te declare theraselves mistaken in what they had done in the year 1631, when they erected bound- houses, and had for so many years confined themselves there unto, whereas now by the help of an imaginary line, or rather by a new reason ef state, there is a sense imposed by them selves upon their own words, and they stretch their rights to near two hundred miles of land northward, and as much southward mere than they were satisfied withal before, swal lowing up your majesty's petitioner as well as ethers whose properties were established long before the said people had any being. And that they might give execution te this right eous sentence they presently invade and bp force of arms seize upon the province of New- Hampshire, and other lands ef right belonging te your petitioner, besides what they did to ethers, cempeUing the inhabitants to swear te be true te thera and to cast off their lawful lords, and such as refused were either ruined, banished or iraprisoned, and any appeals te Eng land utterly denied unto them, then they proceed te coining of money with their own impress, raising the coin of England, and acting in all matters in a raost absolute and arbitrary way. And although your petitioner by his agent Joseph Mason did demand redress of the General Court of Massachusetts setting at Boston in 1652, offering to raake out the right and title ef your petitioner te the province ef New-Harapshire, and ether lands against all persons whatsoever, yet ne restitution could be obtained without a submission to their authority, and to held the lands frem them, which the petitioner then did refuse and hath always refused, choosing rather te wait for more happy times wherein te expect relief than by a legal resigna tion of his rights te these who had none at all divest himself of what his ancestors purchased at so dear a rate ; Your peti tioner having as equal a right to the government in the said province as he hath te the land itself, all which appears by a report made te your majesty the 15th of February 1661, when your petitioner first exposed to your majesty the oppressions under which he had se long groaned, in the evil times, and which grieves him new much mere to bear while he has the protection of se just and gracious a sovereign te resort to. Wherefore your petitioner most humbly implores your ma- 326 PROVINCE PAPERS. [1676. jesty to take notice, that (by a plain discovery ef what fraud in the beginning and the length ef troubled tiraes has helped to conceal) the Bostoners have no patent ef incorporation at all, that yet they have under color of right and authority frora the crown devoured your petitioner and ether proprietors whose titles are by your raajesty's learned council allowed as strong as the law can raake them. That all ways have been tried and methods used to obtain justice from the Bostoners, but all have proved ineffectual that your petitioner's losses have been se many and great and his sufferings so continued that he cannot any longer support the burthen ef them. And when your majesty will but consider how sraall the fespect has been wherewith those people have treated your majesty since your happy restoration, and what daily breaches are by thera raade upon your raajesty's acts of navigation which turns so greatly te the detriraent ef this kingdora in general these losses and sufferings of a particular subject cannot rauch be questioned, so that your petitioner humbly hopes that your raajesty will think it high tirae to stretch forth your royal hand of justice to assist your peti tioner that he raay have the quiet possession ef his province, and reparation raade hira for the losses sustained, in such ways and raetheds as the iraportance of the case requires, and your majesty in your royal wisdom shall think most fit. And your petitioner shall ever pray. Eobt. Mason. [Prom a copy in the possession of the Masonian Proprietors.] Answer of Massachusetts to Mason's and Gorges' complaints. [Copied from Massachusetts Becords.] Vel. 5, p. 108. A BRiEFE DECLARATION of the right and claime oif .the Governer and company ef the Massachusetts Bay in New-England to the lands new in their possession, but pretended te by Mr. Gorge and Mr. Mason together with an answer to their sev eral pleas and complaint in their petitions exhibited humbly presented and subraitted by the said Governor and company to the Kings most excellent majesty as their defence. In the year ef our Lord 1628 in the third year of his late Majesty Charles the First, of happy memory several loyall and 1676.] FROM MASSACHUSETTS RECORDS. 327 piously disposed gentlemen obteyned ef the Great Council ef New-England a grant ef a certeine tract of land lying in New- England, described and bounded as therein expressed, which was in all respects fairely and openly procured, and with so good an intent of prepogating the gespell among the natives, and to advance the honor and dignity of his late majtie, ef happie memory, that they were beuld te supplicate his said majesty to superadd his royall confirmation thereto, which accordingly in an ample and royall charter, was passed, and remains under the bread seal ef England, March the 4th 1629 in the 4th year of his majesty's reigne, with further additions and enlargements well becoming se royall a majesty, and suit able for the encouragement of se hazardous and chargeable an adventure ; in pursuance whereof many ef the said patentees and other adventurers transported themselves and estates, and setled in the most known and accomedable parts of these lands centeyned in the said charter, neither time, estate, nor power suffering them speedily to survey the just extent of their limitts. Not many years different in time, several ethers also of his majestys subjects obteyned other grants and made several settleraents in the raore northerne and eastern parts of the country, with whora for several yeears we had neighbour ly correspondence, being as they supposed without the liraitts of our patent, amongst whom the present clayraers and peti tioners were. These grants partly by reason of the sraalness of some of them, and partly by reason of the dark involved and dubious expression of their limitts brought the inhabitants under many entanglements and dissatisfactions among them selves which (there being no settled authority to be applied to, being deserted and forsaken of all such as, by virtue of said grants, did claim jurisdiction over them and had made a suc cessless essay for the settlement of government among them) preeved ef some continuance unto the great disquiet and dis turbance of those his majestys subjects that were peacable and well disposed amongst them ; to remedy which inconvenience they beteeke themselves te the way ef cembynations for gov ernment, but by experience found it ineffctuall. In this time ignorance ef the northerly running ef Merrimack Eiver hin dered our actual claime and extension of government ; yet at 328 PROVINCE PAPERS. [1676. length being more fully setled and having obteyned further acquaintance and correspondency with the Indians possessing the uppermost parts of that river, encouraging an adventure as also frequent solicitations from the raost considerable inhab itants ef these eastern parts, earnestly desiring us to make proof of and assert our interest, wee imployed the most ap proved artists that could be obteyned, who upon their selemne oaths made returns that, upon their certeine observation, our northern patent line did extend so far north as to take in all those towns and places which we now possess, which when the inhabitants as well as ourselves were satisfied in (urged also with the necessity of government amongst them) they peacably and voluntarily submitted to the government ef the Massachusetts, viz. Dover, Squarapscot and Portsraouth anno 1641; Kittery, York, and Wells anno 1652 and 1653; frem which times until the year 1662, when there was a sraall inte- ruption by a letter ef Mr Gorge and afterwards in the year 1665 (when his raajesty's coramissioners Colonell Nicholls and ethers came over) the inhabitants of those parts lived well sat isfied and uninterrupted under the Massachusetts governraent ; but then the said commissioners neither regarding the Mass achusetts just right, ner the clairaes of Mr Gorge and Mr Mason settled a new forme of government there; but this hardly outlived their departure. The people, irapatient of innovations and weU experienced and satisfied in their former setlement quickly and quietly re turned to order again, and so continue unto this tirae. This is, in a few words, the true state ef the matter ; fer the further illustration whereof, and justifficatien of our proceed ings therein & vindication of ourselves frem the reproachful! imputation of usurping authority ever his majestys subjects in the eastern part pretended te, with other scandaUs cast upon us by the petitioners, we humbly present the following pleas bj' way of demonstration, & argue — 1. That our extension of governraent to those eastern parts clairaed is agreeable to our indubitate patent right. Our patent, according to the express terraes therein centeyned without any ambiguity er colour ef other interpretation, lyes between two east and west parralell Unes drawne from the 1676.] FROM MASSACHUSETTS RECORDS. 329 most southernly parte of Charles Ryver and the raost norther ly part of Merrimacke, with three railes advantage upon each which upon the observation of men ef appreeved and undoubt ed truth, upon oath, are found distant one degree & 49 minutes north latitude, being te extend in full latitude & breadth frem sea to sea (ut interminis) and therefore cannot be bounded by many hundreds of infinite nurabers of lines as the Eiver ef Merrimacke maketh bends er angles in two hundred miles passage from Winipasekek Lake to the raouth thereof which to iraagine as it is irrational!, so would it involve us and any borderer in so many inextricable disputes as are by no ways to be adraitted by a prince seeking his subjects peace. Besides were such a construction allowable (which with uttermost streyning, is) yet all favorable interpretation is to be afforded the patentees by the gracious expression ef the charter. Now according to the aforementioned observation (so con firmed) all those eastern plantations challendged by our oppo nents (ut supra) are comprehended within our northerly lyne. Wee deny not but the artists of ourselves, and if any in ques tion thenc arise, wee feare not te submit te tryall to the most exact & rigorous test that may be. The invincible strength of this our first plea may further apeare by the consideration ef the frivolous and insignifficant allegations of the petitioners in opposition thereunto viz : 1st The non extension of eur line or assertion ef eur rights te those eastern parts for some years : ignorance, as eur ease was circumstanced, debarring ne raan of his just right; nei ther cann it reasonably be supposed that the exact survey of se large a grant in so hideous a wilderness, possessed by an enemy, would be the worke ef a few yeares, eur own poverty not affording means and our weakness (allowing no deep ad venture into the country) permitting us not to view the favor able runing of the river, which none can imagine altered its course by our delay. Wee may as well be deprived of farr more than wee possess or ever saw on eur westerne parts to the south sea (which none wiU ^deny) because we have net surveyed it, er are soon like te be able, as te be taken from our northern right, so obvious to the meanest artist. 2dly. The possession house in Hampton of se little signiffi- 330 PROVINCE PAPERS. [1676. cation, & se long since disused, that Mr Mason hath forgett the narae thereof, and calleth it Bound House, rerected to give the world to know that we clairaed considerably te the north ward of our then habitations upon the Bay, though wee did not know the uttermost extent ef our right, eur fathers net being so ignorant of the law ef the realme to which they did apperteine as to suppose the taking possession of part did de- barre them of the remainder, but the contrary. And wee challenge Mr Mason, or any en his behalf, premis ing our records shall be open te the most scrutinous search, to proove it, either called or intended, according to his abuse thereof 3dly. That notorious falsehood of stretching our right to neere fower hundred mUes north & south, more than formerly, wee were satisfied with, our whole breadth being but one hun dred and nine mile which is not much more than a quarter part of what he would have the world believe eur new claime and (as he would insinuate) usurped territory doth conteine, arising (we would in charity beleive) partly frem ignorance of the coasting ef the country, Mr Mason accounting by the sea side and wee suppose casting in the measure ef every harbour and cove to make up that calculation, which lies, much ef it due east, and net to the north, but wee feare malevolently sug gested (as many ether things as of little credit) te introduce into his Majesty his royall breast a beleife that wee are unrea sonable in eur pretentions, and se unworthy ef his Majestys favor, which wee hope such unlawfull endeavors will never be so prosperous as to ebteine. What raay be further added te this eur first plea maybe supplied frem the reasons formerly presented. Wee ui-ge, secondly, the invalidity of those grants pretended to by the petitioners which are ef two sorts : 1st, such as bear date after ours which we see ne reason to fear any interrup tion from ; Secondly sueh as are pretended te bear date before ours, against which wee object that they are not authentick wanting a sufficient numbers of grantors te make them se, none of them (as we presume wiU appear upon tryall) having six hands and seales annexed to them, the said council of New England consisting of forty and his Majesty's grant to them 1676.] FROM MASSACHUSETTS RECORDS. 331 expressly requiring (as wee are informed) seven at leaste to signe te make any vaUd act ; and indeed Mr Mason's own often unwearied renewall ef his grants in 1621, sixteen hun dred twenty two, sixteen hundred twenty nine & 1635 (as he saith) tacitly confesseth the same invalidity in the former put ting hira to charge for the latter, tiU at last he fell into such a trade ef ebteyning grants that his last and most considerable was sixe yeares after the grant ef eur charter from his raajesty, and but three days before the said councils declaration of their absolute resolution to resign, and but a few days before their actuall surrender, as he asserts ; which of what value and con sideration it is frem the said council circumstanced under a necessity of resignation ef their great charter, procured rather by the clamor of such ill affected persons as the present com plainants then by any true account of dissettlement or ill management here, is not difficult te judge. ¦ Hence it appears first how little reason Mr Mason hath to brand us with fraude or sirruptissieusnes in ebteyning eur charter, which hath most 6hew of fraude and sirruptitious procuration, a sufficient num ber ef those honorable persons subscribing ours, and fewer his pretended antidated grants is easy to determine ; in which assertion is to be observed the high reflection cast upon the memory ef his late majesty and ministers of state, greund- lessly rendring the councils seale, yea the great scale ef Eng land, exposed to fraude and deceitfuU clandestine practises ; yea, upon his present majestie insinuating himself better ac quainted with matters of state then he who aUowes and con- firmes our grant as authentick by hisgratieus letter of sixteen hundred sixty two, which intollerable bouldness, how unbe coming (not to say mere) in a subject it is net easy for us to say ; to all which we may add Sir Ferdinando Gorges appUca tion to the authority heere to interpose in his affayre which he being one of the great council, would have binn farr from ac knowledging, had Mr Masons allegations been founded upon trueth. Secondly. That articles ef charge depending upon such illegall and post dated grants cannot take place against us, were there disburse as great as it is affirmed which by eye witnesses upon the place and still living are prooved compara tively very incensidderable. 332 PROVINCE PAPERS. [1676. 3. Wee affirme that the whole management ef the affaire respecting eur government of those eastern parts was in an orderly and peacable way, and not without the reitterated and earnest solicitation of most of the people there inhabitting sufficiently appearing by their several petitions; and we chal lenge Mr Gorges and Mr Mason by any living evidence or record, to shew any sign of a forcible entrance ; seme magis trates, upon the clearing of our right to them, and acceptance ef the tender of themselves te us, being sent thither without any_force then each of them a servent te attend them. Indeed sorae years after, Capt. Benigthon, for rautineus carriage, was seized and brought to justice ; concerning which, & many ether cases, many inhabitants yett living, & eye witnesses, cann give in the most impartiall evidences. Wee offer — 41y. To consideration, that the deserted & ungeverned state of the people ef those places, had we not had that patent right se clearly evinced, might warrant eur actions, especially considering the obligation upon it te secure his majesty's hen- nor & mainteine the publick peace, so hazarded by the totall want of government amongst them, our first exercise of juris diction being in the yeare 1641, eight year after Capt Neale agent fer Mr Mason, had wholly deserted the irapreevement ef land and the governraent of the country, which indeed he never used but one yeare ; for in the yeare 1630 he first came ever and in the year 1634 he quitted the place and in the in terim neglected the same in making a voyage for England, the short tirae of his tarriance not admitting of setleraent of gov ernment er improovement. We raay hereto subjoyne, that Mr Joseph Mason agent for Mrs Ann Mason, when here, and all things were fresh in memory, raade no deraand contrary te what is affirmed, but petitioned our justice against his debtors there and elsewhere, and that Sir Ferdinando Gorges his grant being so meane & uncertainly bounded that he knew not well how to finde, much lesse to improove it te considerable advan tage, by his letter bearing date - - doth devolve the whole charge & care of his pretended province upon the au thority heere established. 1676.] FROM MASSACHUSETTS RECORDS. 333 Lastly. That the exercise of jurisdiction in those easterne parts hath binn and is his majesty's honor, the peoples great benefit, and our charge without preffit, which had it net binn the ruine of those parts, would have unaveydeably ensued in the want ef all government and their seazure by the French, who ever wayted a fit opportunity fer the sarae. They have part ef thera fer 35 years & others twenty years (sorae sraall interruption intervening producing the stronger inclination & resolution in thera te be constant to his majestys authority here) lived under the government of the Massachu sets a quiet well ordered and thriving people ; and as fer any complaint from ill affected persons it is well known that the best and wisest government is not without disquiet from some such ; and ne wonder if silly people are seen affected with such faire glozing promises as Mr Mason hath made and published, as it were deterraining the case before triall by his late letters te the inhabitants in those parts; and that our government in these places have been no gain, is se unquestionable a trueth that never was any levy layd upon them fer the supply of the publick treasury though rauch hath binn, and is further Uke te be expended fer their security who otherwise will inevitably become an easy prey te the heathen, new in hostility with us, and at this present tirae raging in these partes. Vel. 5, p. 113. Orders and instructions for Wm Stoughton Esq. & Mr Peeter Bulkley, messengers fer England te present eur defence in reference to the clairas ef Mr Gorges and Mr Mason. 1. That you take the first oppertunity to imbarcque your selves for London, thoroughly & considerately parusing the declaration & defence new delivered unto you, observing the arguments & pointing the evidences accordingly. Upon your arrivall there you are te make your application, by one or both of the secretaries of state, to the kings majesty, delivering eur addresse and giving his majesty to understand that in obedience to his commands the governor and Generall Court ef the Massachusetts colony in New-England have sent you to give his raajesty satisfaction touching the rights ef our patent, & our actions in the prosecution of that our right in 334 PROVINCE PAPERS. [1676. answer to the pretensions and accusations of Mr Gorges & Mr Mason respecting the same. 2. Te all ether clamours & accusations you shall answer, you have no order nor instruction being sent only te give his ma jesty satisfaction in the particular by him required. 3. If therefore any particular person sheuld molest you con cerning any pretensions against the country you shall crave his majesty's royall favour & protection that you may be free to attend his raajesty according to his coraraand & with his majesty's leave be at liberty to returne to those that sent you. 4. If notwithstanding our present defence and your further argumentations thereon, you shall finde cause you are then hurably to crave his raaj*?^ favour fer time fer a further answer frem hence. 5. In case an answer be demanded ef you te the meraoriall of the Dutch erabassader presented to his majesty a full an swer shall be given by the next passage. 6. You are by all conveyances frem time to time to give advice to this Court, or te the Governor & CouncU of your proceedings herein, endeavoring as quick a dispatch & return as the necessity of the affaire will admit. Was signed by the Governor in October following. 16 Sept. 76. J. L., Go. Beport of the Lord's Chief Justices, and the King's confirmation thereof. [Par. Belknap, Vol. 1 ; App. p. 449.] At the Court at Whitehall, July 20, 1677. L. S. Present the King's most excellent Majesty. Lord ChanceUor, E. of Craven, Ld Treasurer, Ld Bp of London, Ld Privy Seal, Ld Maynard, Duke of Ormend, Ld Berkley, Marquis of Worcester, Mr. Vice Charaberlain, Ld Chamberlain, Mr. Sec'y Coventry, Earle ef Northampton, Mr. Sec'y Williamson, Earle ef Peterborough, Mr. Chancellor of the' Bxche- Earle ef Stratford, quer E. ef Sunderland, Master of the ordnance E. of Bath, Mr. Speaker. 1676.] FROM MASSACHUSETTS RECORDS. 335 Whereas the right honourable the lords of the committee for trade and plantations, did in pursuance of an order of the 7th ef February last make report to the board, of the matters in controversy between the corporation of the Massachusetts Bay in New-England, and Mr. Mason and Mr. Gorges touching the right of soil and governraent, clairaed by the said parties in certain lands there, by virtue of several grants from his Maj esty's royal father and grand father, as followeth in these words — May it please your Majesty : Having received your raajesty's order in council of the 7th of February last past, whereby we are directed to enter into the exaraination of the bounds and liraits which the corpora tion of the Massachusetts Bay in N. E. on the one hand and Mr. Mason and Mr. Gorges en the ether, do pretend by their several grants and patents to have been assigned unto them, as also to examine the patents and charters which are insisted on by either side, in order to find out and settle how far the rights ef soil and government do belong unto any of thera : In consideration whereof the lords chief justices ef your raajes ty's courts of king's bench and common pleas were appointed to give us their assistance, we did on the 5th of April last together with the said lords chief justices meet in obedience to your majesty's coraraands, and having heard both parties by their council learned in the law, we did recomraend unto their lordships te receive a state of the claims made by both parties, and to return their opinions upon the whole matter unto us, which their lordships have accordingly performed in the words following : In obedience te your lordships order we appointed a day for the hearing of all parties, and considering the matters referred having received from thera such papers of their cases as they were pleased to deliver, at which tirae all parties appearing, the respondents did disclaim title te the lands clairaed by the petitioners, and it appeared to us that the said lands are in the possession of several other persons net before us, whereupon we thought not fit to examine any clairaes te the said lands, it being (in our opinion) improper te judge of any title ef land without hearing of the ter-tenants or seme other persons on 336 PROVINCE papers [1676. their behalf, and if there bo any course [courts ?] of justice upon the place having jurisdiction, we esteera it most proper to direct the parties te have recourse thither fer the decision of. any question ef property untU it shaU appear that there is just cause of complaint against the courts ef justice there for injustice or grievance. We did in the presence of said parties exaraine their several claims to the government, and the petitioners having waived the pretence ef a grant of government from the councU of Plyraeuth wherein they were convinced by their own council that ne such power er jurisdiction could be transferred er as signed by any colour ef law ; the question was reduced to the province of Maine, whereto the petitioner Gorges raade his title by a grant frora King Charles the first, in the 15th year of his reign, made to Sir Ferd. Gorges and his heirs ef the Province of Maine and the government thereof. In answer to this the respondents alledged that long before, viz. in quarto Caroli primi, the governraent was granted te thera and pro duced copies of letters patents wherein it is recited that the council of Plyraeuth having granted te certain persons a ter ritory thus described, viz. ." AU that part of New-England in " Araerica which lies and extends between a great river that is " comraonly called Monoraack alias Merrimack, and a certain " ether river there called Charles river, being in the bottom ef " a certain bay there called the Massachusetts Bay, and also "all and singular the lands and hereditaments whatsoever " lying and being within the space of three English miles on " the south part ef the said Charles river or any and every " part thereof, and also all and singular the lands and heredita- " ments whatsoever lying and being within the space ef three " English miles te the southernmost part of the said bay called " Massachusatts Bay ; and all those lands and hereditaments "whatsoever which [lie] within the space of three English " mUes to the northward of the said river called Monomack " alias Merrimack, or the northward of any and every part "thereof, and all lands and hereditaments whatsoever lying " within the limits aforesaid, north and south in latitude and " breadth, and in length and longitude of and within aU the " breadth aforesaid throughout the main lands there, from the 1676.] FROM MASSACHUSETTS RECORDS. 337 "Atlantic and Western sea and ocean on the east part to "the South sea on the west." By the said letters patent the king confirmed that grant, made them a corporation, and gave thera power to make laws for the governing ef the lands and the people therein. To which it was replied that the patent of 4" Caroli Imi is invalid. 1. Because there was a precedent grant 18o Jacobi, of the sarae thing then in being, which pat ent was surrendered afterwards and before the date of the other 15° Car. Imi. 2. The grant ef the government can extend ne farther than the ownership of the soil, the bound aries ef which as recited in that patent wholly excludes the province of Maine which lies northward mere than three miles beyond the river Merrimack. We having considered these matters do humbly conceive as to the first matter that the patent of 4° Caroli Imi is good notwithstanding the grant made in the 18° Jac : for it appear ed to us by the recital in the patent 4° Caroli Imi that the Council of Plymouth had granted away their all interest in the lands the year before, and it must be presumed they then deserted the government ; whereupon it was lawful and neces sary fer the king te establish a suitable forme of government according to his royal wisdome, which was done by that pat ent, 4 caroli Imi making the adventurers a corporation upon the place. As to the second matter it seems te us te be very clear that the grant ef the government 4° Caroli Imi extends no further than the boundaries expressed in the patent, and these boundaries cannot be construed te extend further north wards along the river Merriraack than three English miles, for the north and south bounds of the lands granted so far as the river extends are to fellow the course ef the river which , make the breadth of the grant, the words describing the length to comprehend all the lands from the Atlantic ocean to south sea of and in all the breadth aforesaid, do not warrant the overreaching those bounds by imaginary lines or bounds other exposition would (in our humble opinion) be unreasona ble and against the interest of the grant. The words " of and in all the breadth aforesaid " shew that the breadth was not intended an imaginary line of breadth laid upon the broadest part, but the breadth respecting the continuance of the bound- 22 338 PROVINCE PAPERS. [1676. aries by the river as far as the rivers go, but when the known boundary ef breadth determines it must be carried en by im aginary Unes to the South sea. And if the province of Maine lies mere northly than three English miles frem the river Merrimack, the patent ef 4° Caroli Imi gives ne right to govern there and thereupon the patent of the same 15° Car. Imi to the petitioner Gorges will be valid, so that upon the whole matter we are humbly of opinion as te the power ef government, that the respondents, the Massachusetts and their successors, by their patent of 4° martis 4° Caroli Imi have such right ef government as is granted them by the sarae patent within the boundaries of their lands expressed therein, according te such description and exposition as we have thereof made as aforesaid and the petitioner Sir Ferdinando Gorges his heirs and assigns by the patent 3d AprU have such right ef government as is granted thera by the sarae patent within [the territory] called the province of Maine according te the boundaries of the same expressed in the same patent. Ri. Rainsford, Fra. North. AU which being the opinion of the lords chief justices, and fully agreeing with what we have to report unto your majesty upon the whole matter referred unto us by the said order, we humbly submit the deterraination thereof unto your majesty. Anglesey, Craven, J. WilUamson, Ormond, H. London, The. Chickley, I^ath, G. Carteret, Edw. Seymour. Which having been read at the beard the 18th instant, it was then ordered that the said Mr. Mason and Mr. Gorges,' as also that the agents of the corporation of the Massachusetts Bay sheuld be this day heard upon the said report, if they had any objections to make thereunto. In pursuance whereof aU parties attending with their council, who not alledging any thing so material as te prevail with his majesty and the1)eard te differ in judgment frora the said report; his majesty was thereupon pleased to approve ef and confirm the same, and did order that all parties do acquiesce therein, and contribute what lies in them te the punctual and due performance of the said report, as there shall be occasion. JOHN NICHOLAS. 1676.] PROVINCE PAPERS. 339 N. B. The above paper of which the copy is attested by Edward Eawson, Secretary of Massachusetts, and John Penhallow, Clerk of the superior court of New- Hampshire, is in the files of the said superior court, and in the Masonian proprietary office. Extracts from Edward Bandolph's* Beport to the Council of Trade. [Copied from Doc. Col. Hist. N. T., vol. 3, pp. 240-243.] Sixth Enquiry. "What are the reputed Boundaries and Contents ef land?" " The ancient bounds of the Massachusetts Colony was net above twenty miles upon the sea coast, but the present limits * It appears that Edward Eandolph came to this country in June 1676. Belknap says [Farm. Belk., p. 86] : "A letter was dispatched, March 10, 1676, to the Massachusetts Colony, requiring them to send over agents within six months, fully empowered to answer the complaints, which Mason and the heirs of Gorges had made, of their usurping jurisdiction over the territories claimed by them ; and to receive the foyal determina tion in that matter. Copies of the complaints were inclosed, and Edward Eandolph, a kinsman of Mason, a man of great address and penetration, resolute and indefatigable in business, was charged with the letters, and directed by the Lords of Trade to make inquiry into the state of the coun try. When he arrived, June 10, he waited on Governor Leverett, who read the king's letter, with the petitions of Mason and Gorges, in Council, Eandolph being present, who could obtain no other answer than that ' they would consider it.' "He then came into New-Hampsbire, and as he passed along, freely de clared the business on which he was come, and publicly read a letter which Mason had sent to the inhabitants. Soma of them he found ready to com plain of the government, and desirous of a change ; but the body of the people were highly enraged against him, and the inhabitants of Dover in public town meeting, protested against the claim of Mason, declared/ that they had bond fide purchased their lands of the Indians ; recognized their subjection to the government of Massachusetts, under whom they had lived happily, and by whom they were now assisted in defending their estates and families against the savage enemy. They appointed Major Waldron to petition the king in their behalf, that he would interpose his royal authority and afford them his wonted favor ; that they might not be disturbed by Mason or any other person, but continue peaceably in possession of their rights under the government of Massachusetts. A sim ilar petition was sent by the inhabitants of Portsmouth, who appointed John Cutt and Bichard Martyn, Esq., Capts. Daniel and Stileman to draught and forward it." 340 PROVINCE PAPERS. [1676. are as large as that governraent please to make them, having some years since taken in the two entire provinces of Hamp shire and Maine, by them now called after ether names and divided into four counties, Norfolk, Suffolk, Middlesex & York shire, besides several considerable towns in the other Colonies ef New-Plymouth and Connecticut. For the Massachusetts having the pre-eminency in trade, strength and riches, they take the liberty te claira as far as their convenience or interest directs, never wanting a pretence ef right te any place that is commodious fer thera, declaring they dee net yet knew the boundaries of their commonwealth. And although His Maj** Coraraissioners in the year 1665, did settle the liraits ef several Colonies, especially the Provinces of Hampshire and Main and declared to the inhabitants that by His Maj" commission and authority they were taken off from the government of the Massachusetts te the general satisfaction and rejoicing of the people and did constitute Justices of the Peace and other offi cers (with the consent and approbation of the Proprietors) to act and governe according to the laws of England, and by such laws of their owne as were net repugnant thereunto, until His Ma***" should take further order therein. "Whereupon His Ma''« by His Declaration te the Corporation of Boston of the 10th of April, 1666, did approve of the actings and proceedings of his said Cemraissioners and did require and coraraand that no alteration be raade either in the boundaries or government ef those Colonies, and that all determinations made by His Maj*" Coraraissioners sheuld continue and be ob served untU His Maj«« should make his owne finall determina tion. "Yet nevertheless no sooner were His Majt'es Commissioners returned for England, but Mr Leveret the present Governor Mr Ting, Captain Pike and seme ethers, entered those Prov inces in a hostile manner, with horse and foot, and subverted the government there settled by the Commissioners, impris oned several persons and compelled the inhabitants to submit to their usurpation. "And thus, taking all opportunities and advantages to im prove their dominions and authority the jurisdiction of the Massachusetts is swelled into a very large territory." 1676.] PROVINCE PAPERS. 441 Seventh Enquiry (p. 241). " What correspondence doe they keep with their neighbours the Prench on the North and the government of New- York on the South ?" " The French have held a civil correspondence with the inhabitants of Hampshire, Main and the Duke's Province, although the governraent of Boston, upon all occations is im posing upon the French and encouraging an interloping trade, which causeth jealousies and fears in the inhabitants bordering upon Arcadie, that the French will sorae tirae er other sud dainly fall upon thera, to the breach ef the national peace. The governraent of the Massachusetts hath a perfect hatred for the French, because of their too near neighborhood and loss of their trade and leek upon them with an evil eye, beleeving they have had a hand in the late wars with the Indians. "As for New Tork there were several things in matter of trade that occasioned a difference between the two govern ments, which at length rose soe high that it carae to a stop ef trade : — The Governor of New York not permitting any Euro pean goods te be imported into that Colony frem Boston that had net a certificate or ether sufficient proof to have paid customs in England, which has ever since occasioned a mis understanding between them. " In the late Indian Warr, the government of Boston did greatly complaine ef Fort Albany, that from thence the Indians were supplied with arms & araraunition, and were encouraged to begin and prosecute the war, but this great outcry is judged by the wiser and sober sort of people te be without any just cause or ground, but rather a report raised out of raaUce and envy. Fer the government of the Massachusetts leves no government that is not like their owne, and therefore they were more kind and friendly to the Dutch (even in tirae of warr) when they were possessed of New York, than they are to their eountryraen tho English. "However the Governor of New York hath proved very friendly and serviceable te the Massachusetts in this warr, and had the magistrates ef Boston either conferred with or heark ened te the advice of Colonel Andross, the Indian warr had either been diverted or prooved less destructive, fer ho offered 342 PROVINCE PAPERS. [1676. and would have engaged the Mohawks and Maquet Indians to have fallen upon the Sachem Phillip and his confederates ; but his friendship, advice and offers were sUghted. " Nevertheless CoUonel Andross out ef his duty to His Maj«« kept the aforesaid Indians frem taking any part with the Sachem PhiUip." Eighth Enquiry. " What hath been the original cause of the present warr with the Indians; what are the advantages or disadvantages arising thereby, and wUl probably be the final end thereof?" Various are the reports and conjectures ef the causes ef the late Indian warr. Sorae impute it to an imprudent zeal in the magistrates of Boston to Christianize those heathens, before they were civilized and enjoyning thera to the strict observa tion of their laws, which to people soe rude and licentious, hath proved even intolerable ; and that the more, for while the magistrates for their profit severely putt the laws in exe cution against the Indians the people on the other side for lucre and gain intice and provoke the Indians to the breach thereof especially to drunkenness, to which these people are soe generally addicted, that they will strip themselves te the skin to have their fill of rura and brandy. The Massachusetts governraent having made a law that every Indian being drunk should pay ten shillings or be whip ped according te the discretion of the magistrate, many of those poor people willingly offered their backs to the lash, to save their money. Whereupon the magistrate finding much trouble and no profit te arise to the government by whipping, did change that punishment ef the whipp into a ten days work, for such as would not or could not pay the fine of tenn shillings; which did highly incense the Indians. Seme beleeve that there have been vagrant and Jesuitical priests who have raade it their business and designe for some years past to goe frem Sachem te Sachem to exasperate the Indians against the English and to bring thera into a confed eracy, and that they were proraised supplies from France and other parts, to extirpate the English Nation out ef the Conti nent of America. 1676.] PROVINCE PAPERS. 343 Others impute the cause to arise frem some injuries offered to the Sachem Phillip, for he being possessed of a tract of land called Mount Hope, a very fertile pleasant and rich soil, sorae English had a mind te dispossess hira thereof, who never wanting seme pretence or ether to attain their ends, com plained ef injuries done by Phillip and his Indians to their stocks and cattle. Whereupon the Sachem Phillip was .often summoned to ap pear before the Magistrates, sometimes imprisoned, and never released but upon parting with a considerable part ef his lands. But the government of the Massachusetts (to give it in their own words) doe declare these are the great & provoking evils which God hath given the barbarous heathen coraraission to rise against thera : — The wofuU breach ef the fifth comraandment in conterapt of their authority, which is a sinn highly provoking to the Lord. For men wearing long hair and perriwigs raade ef weraens hair. For women wearing borders of hair and for cutting, curling and laying out their hair and disguising themselves by follow ing strange fashions in their apparel. For prophaneness of the people in not frequenting their meetings, and others going away before the blessing is pro nounced. For suffering the Quakers to dwell among them, and te sett up their thresholds by God's thresholds, contrary te their old laws and resolutions, with many such rea'sens. But whatever was the cause, the English have contributed very much te their misfortunes, for they first taught the Indians the use ef arms & adraitted thera to be present at all their musters and trainings, and shewed them how te handle, mend and fix their musquets and have been constantly fur nished with all sorts ef arms by permission of the government, soe that the Indians are become excellent fire-raen & at Natick a town not far distant from Boston, there was a gathered church of praying Indians who were exercised as trained Bands, under officers of their own. These have been the most barbarous and cruel enemies to the EngUsh above any ether Indians. 344 PROVINCE PAPERS. [1676. Captaine Tom their leader being lately taken and hanged at Boston, with one ether ef their chiefs. That notwithstanding the ancient law of the country made in the year 1633 that ne persons sheuld sell any arms or am munition to any Indian, upon the penalty of ten pound for every gun, five pound for a pound of powder, and fourty shil lings fer a pound of shot; yet the government ef the Massa chusetts in the year 1657 (upon designe to menepoUze the whole Indian trade te theraselves) did publish and declare that the trade ef furrs and peltry with the Indians within that jurisdiction, did solely and jjroperly belong to their Common wealth and net te every indifferent person ; and did enact that no person sheuld trade with the Indians for any sort ef peltry, except such as were authorized by that Court, under the pen alty of one hundred pounds for every offence ;' giving liberty to all such as sheuld have licence from them te sell unto any In dians, guns, swords, powder and shot, paying unto the Treas urer for the sarae these rates, viz'. Three shilUngs fer each gun; three shillings for a dozen of swords; six pence fer a pound of powder, and six pence for every ten pound of shot. By which raeans the Indians have been abundantly furnished with great store of arras and araraunition, te the utter ruin and undoing ef many famiUes in the neighbouring Colonies, for to enrich seme few of their relations and Church Members. Ne advantages but many disadvantages have risen to the EngUsh by this warr, fer about six hundred men have been slain and twelve Captains raost of them stout and brave per sons and ef loyal principles, whilest the Church members had liberty to stay at home and not hazard their persons in the wilderness. The loss to the EngUsh in the severaU colonies, in their hab itations and stocks is reckoned te amount unto one hundred and fifty thousand pounds ; there having been about twelve hundred houses burnt, eight thousand head ef Cattle great and small, kUled, and many thousand bushels ef wheat, pease and other grain burnt (of which the Massachusetts Colony hath not been damnified one third part, the great loss falling upon New Plymouth and Connecticut Colonies) and upward of 1676.] FROM MASSACHUSETTS RECORDS. 345 three thousand Indians, men women and children destroyed, who if well managed would have been very serviceable te the English ; which makes all manner ef labour dear. The warr at present is near ended for the Sachem Phillip not being able to support his party or confederates hath left them to make the best terms they can : he himself sculking in the woods with a sraall party of two or three hundred raen : being in dispair ef making his peace. In Plymouth Colony the Indians surrender themselves to the Governor Winslow upon mercy, and bring in all their arms, and are wholly at his disposal, excepting life and trans portation ; but fer all such as have been notoriously cruel to women and children, soe soon as discovered they are to bo executed in the sight ef their fellow Indians. The governraent of Boston have concluded a peace upon these terras : — 1. That ther he frem hence forward a firm peace between the EngUsh and Indians. 2. That after the publication of the articles of Peaee by the Generall Court if any English shall wiUfuUy kill an Indian, upon due proof he shall die for the fact; and if an Indian kill an Englishman and escapeth, the Indians are to produce him, and he to pass tryal by the English laws. 3. That the Indians shall net conceal or entertaine any known enemie to the English, but shall discover them and bring them to the English. 4. That upon all occasions the Indians are te aid and assist the English against their enemies, and te be under EngUsh comraand. 5. That all Indians have liberty te sitt downe at their for mer habitations without any lett er interruption. October 12. Mass. Rec, 5, p. 123. It is hereby ordered, that out of these new levyed seuldeirs ordered by this Court to be raysed for the eastern service, that the Council take care to send away w"" aU speed one hundred 346 PROVINCE PAPERS. [1676. & fivety men w* previsions, & aminition, & cloaths, te Capt. Hathorne, fer the security ef what is remayning in Yorkshire, & if possible to annoy the ennemy in their quarters; and that Capt. Hawthorne attend such orders as he shall receive frem the ceuncUl er Major Generall Dennisen, who is hereby desired & ordered to repaire to Portsmouth, er seme ef the adjacent townes, to mannage that affaire until it be ended or accom plished, and all other prevision designed for that affayre for the present to cease. P. 125. It is hereby ordered. That Capt. Tho. Daniel & Mr. Marten of Portsmouth dee irapress such vessels as are needful, w"" aminition & provision, and what may be necessary for the de signe, who are to goe to Blacke Point, Winter Harbor,* &c., for the recovering & securing ef those places, and distressing & destroying the enneray there er elswhere, and that Mr. Na thaniel Fryer have the coraand & disposing ef them fer the ends aforesaid. Honer^ie Sir: It is the good pleasure of God still te manifest the tokens ef his displeasure against us, by permitting the enneray in the eastern parts to doe much mischiefe; who have made their progress as farr as Black Point & Winter Harbo'. The English there having left those places & garrisons te the Indians, who now pessesse them, wee account it our duty to indeavo' by the help of Ged, te recover them frem them, and te use all force against thera, wherein we desire & expect yo' concurrance w* us, & assistance of us w* some English, & also sorae of your Indians, & Capt. Church, whora we have spoken with here, & finde hira ready te serve Ged and the country; request there- * " Those places formerly called Black Point, Blue Point, and Stratton's islands, henceforth to be called Scarbarough." See Coll. Me. Hist. Soc, vol. 1, p. 7. ''Winter Harbour." In 1616, Sir P. Gorges sent out a ship under the charge of Richard Vines, who passed the winter at the mouth of Saco river, from which circumstance (as is supposed) was derived the name of Winter Harbour, which it still bears." See Coll. Me. Hist. Soc, vol. 1, p. 9. 1677.] FROM MASSACHUSETTS RECORDS. 347 fore your speedy sending of him, & such as you shall see meet, so asist in that designe, & so praying for God's presence and blessing on o' endevo" w* respects to you, are, S', Your humble servants & confederates. The Gen. Court of the Massachusetts. Signed, p. Jno. Leverett, Gov. Dated October 17, 1676. " To the Governor of Plymouth." At a General Court for Elections held at Boston May 23, 1677. The County of York with Dover & Portsraouth being behind in their rates in proportion with the rest of the Country, It is ordered by this Court that the Treasurer forthwith issue out his warrants fer levying & Collecting all rates laid on the Country which are behind unpayd according as the law pro vides being in all thirty two single Eates, including the sixe Rates granted this present session. C. Eec, vol. 5, p. 133. 24 May. 5, p. 183. " For the better putting a restraint & securing offenders that shall any way transgress against the Lawes, title Sabeath, either in the meeting house by abusive carriage er misbehav iour, by making any noyse or otherwise, or during the day time, being laid hold on by any of the inhabitants, shall, by the said person appointed to inspect this law, be forthwith carried forth & put into a cage in Boston, which is appointed to be forthwith, by the select raen, te be set up in the raarket place, and in such ether townes as y'' County Courts shall ap point, there to reraain till authority shall exaraine the person offending & give order for his punishraent, as the raatter may require, according to the lawes relating to the Sabeath." 348 PROVINCE PAPERS. [1677. Orders as to setling our neighbors, Indians, in four Plantations.* May 24, 1677. Vol. 5, p. 136. " Ordered, That the Indians about Piscataqua shall be set- tied about Quochecho, as shall be further ordered by the coun cill ; and all ether lawes and orders relating to the Indians & made since the warre began, as to their confinement te this er that place, or giving liberty to take er kill any - - them found without the limitts appointed, are hereby repealed and declared void." To prevent the inconvenience by Injans traveling the woods with their gunns. Its hereby ordered, that all neighbour In jans & friends — shaU & hereby are enjoyned, on the sight ef any English person or being caUed unto, shall imraediately lay down his gunne — ner shall any Indian on this side Merrimack River have liberty te travaile the woods with their gunns without a certificate from Major Generall Denison & Major Gookin, or en the ether side Merriraack Eiver, without like certificate frem Major Eichard Waldron. V, p. 144. Inforraation being given to this Court of sundry young men and single persons in the eastern countys that are out of im ployment, & not capable to provide for themselves by reason of the troubles there ; to the end they may be the better pro vided for, & improoved fer the publique safety, it is hereby ordered that they be forthwith impressed into the countrys service (by eastern countys is te be understood the counties of Yorke, Dover & Portsmouth) provided that there be as many of the soldjers frem these parts new in garrison in these townes dismissed as are pressed & taken into the service above mentioned. * The Indians in Massachusetts were ordered to be settled in Natick, Punkapaug [Stoughton], Hassanemesit [Grafton], and Wameset [Tewks- bury], and " when once settled a list to be taken of all the men, woraen & children of the several eompanis once a year at least and kept upon re cord." The Indian "children and youths to be taught and instructed in the Christian religion until each of them attain the age of 24 years," &c. 1677.] FROM MASSACHUSETTS RECORDS. 349 P. 145. Major Eichard Waldron, Capt. Elias Styleraan, Mr Richard Martyn & Capt Tho Daniel, returned te this Court as chosen to be associates fer the ceunty of Yorks for this yeere, were allowed of by this court. Mr Sarauel Dalton is appointed & was alike irapowered with majestratticall authority in Hampton for this yeare ensuing. Major Richard Waldron fer Yorks, Dover & Portsmouth, and Capt Elias Styleraan & Mr Richard Martyn for Portsmouth & Dover, wer alike invested with magistratticall authority for the yeare ensuing. 10 October, 1677. 5, p. 156. It is ordered by this Court and authority thereof, that Capt. Thomas Bratle fer Suffolke, Mr Elias Styleraan fer the county cf Dover & Portsraouth shallbe a coraittee, and are hereby impowered and authorized by this Court to take the account of the stewards ef the new bricke building at the colledge. The gentlemen of Hampshire, Yorkshire, Dover & Ports mouth raay send their account to the gentlemen at their meet ing at Carabridge. 22 October. 5, p. 171. Mr Joseph Dudley being appointed to keepe the Courts at Dover and Yorke, te be held by adjournraent the latter end of this October, itt is ordered that the Tresurer Supply him with fi.ve pounds money fer the discharging ef necessary expences of himself & his attendants. Letter from Gov. Leverett, to the Lord Chancellor of England. [Eoctract.] October 22. Vol. 5, p. 158. " We doubt not but eur messengers, er their council, have declared that after the government of the Province of Maine was deserted by Mr Gorges, and that by the extent ef our line, petition & free consent of the inhabitants, they were taken under this gov'raent, and have reraayned so for raere than twenty years, to the general sattisfaction and benefit of the inhabitants, but to our great charge & expence, especially in their late troubles w* the Indians, to the value of many thou- 350 PROVINCE PAPERS. [1776. sand pounds ; but if, notw^standing all our pleas and allega tions, his majti® and council shall see cause to order that pro vince te belong te Mr Gorges, yet wee humbly implore your hone' to raediate in our behalfe with his raaj"« & council that eur line & patent may extend at least to Pascataqua Eiver, taking in those few villages and that small tract ef land lying betwixt the two rivers of Merriraack & Pascataqua, w""" hath binn under the gov'raent, the raost ef them more then forty years, and never under any ether orderly government before, nor so much as claymed by Mr Mason, and that some meete compensation may be allowed as by Mr Gorges towards that vast charge and expence wee have binn at to preserve those townes which remaine in that province frem being utterly destroyed by the fury of the enemy; for however our adver- saryes may falsely suggest eur neglect thereof, yet we doe assure your bono' in the words of trueth, wee put ne difference between those parts and those that were and are undoubtedly & without question within the line ef eur patent ; but such were their scittuation and distance one from another, that much bleed was shed & damage dene, & many captives taken, almost before wee knew there was an ennemy in those parts, all er the most of whom wee have redeemed or regayned." " Yr. hurable suppUants & servants, Tho. Leverett, Gov." "In the narae of the Gen" Court, Boston, 22d October, 1677." Salisbury, 12th 7 me. 1677. 20 October. 5, p. 180. Wee, whose naraes are subscribed, appointed by the hono'ble GenneraU Court May 23, 1677, upon eur repayre to Salisbury, and notice given to all parties to yeild their attendance, a ffuU hearing & plea being allowed te Major Pike & the Eeverend Mr. Wheelewright, and others of the church concerned, wee finde that though the originali fault chardged upon Majo' Pike was not a matter of plaine iraraorality & scandall, yet that, in the after manageraent & prosecution ef the difference between hiraself and said Wheelewright, pastor, he hath shewed him selfe too Utigieus in impeaching him w"' se many articles under his hand, thereby procuring great disturbance to the church 1677.] FROM MASSACHUSETTS RECORDS. 351 & place, and also much contempt ef said Wheelewrights per son & office, in publickely retorting upon hira those words in the 7th of Mathew the 5th, ' Cast out the bearae,' &c. and ef him and the church in his sudden w'Mrawing, and with much contempt refusing their judgment, as prooved against him, ef all w"^'' wee expect his candid acknowledgraent, neither can wee excuse Mr. Wheelewright of too much precepitancy in pronouncing a sentence of excomraunication against said Pike w'''out further tryall for repentance, according te the vote of the church, if he repent not, agravated in that the offence was priraarily personall, and thereby plainly hazarding the breach of the church, being but eight and seven, which sadly came te passe. Wee cannot but condemne that evil practise ef those of the church & towne that did endeavor in their petition to the gennerall court te eject Mr. Wheelewright his ministry, by rendering him to be the cause ef the disturbance, and that his ministry had a tendency to the inflaming the rainds of people one against another — a practise of se dangerous a consequence that net only the contrivers, but even these that were drawne thereinto ought to reflect upon with selfe condemnation, which wee expect to heare from them. Wee finde, also, that these brethren, with Majo' Pike are chargeable for breach of ceraunion & a tendency te schisme in their se farr espousing that quarrell as te w*Mraw, and these ef Amesbury alike faulty for these particular interposing in that matter, which they were not present at the mannage ment ef, toe rauch espousing a party rather than seeking the churches peace ; and therefore dee advise & pray a generall & serious sence of these particulars in the severall parties con cerned, & that Mr Wheelewright & the church doe, upon the Major's confession as above, receive him again te their co munion, hoping Mr Wheelewright & the church will see the errour of the former transaction, as intimated above, and that they all agree together to obteyne some other godly and learned person to assist their pastor in the worke of his rainis try, net abating his forraer maintenance amongst them. Daniel Denison, Hugh Mason, J : Dudley, Daniel Fisher. Thomas Savage, To y' hono'ble the Gen" Court, now sitting. 352 PROVINCE PAPERS. [1677. The returne of the Committee appointed to repaire to Salisbury to settle & compose the disensions there. Having given notice to the church and persons concerned in SaUsbury of our intentions te be there en the 12th of September last, to attend the order and coraission given us by the last Court, & accordingly most of us repayring thither, & conven ing the people, & acquainting them with eur coraission & signi fying to thera that their dissentions and the disturbances among them were grievous & scandelous, and accordingly ad vising them te christian composure & due reflection on their late distempers, they had full liberty te declare their causes. The pastor begining to declare the grounds ef his, & those w* him, proceedings, in like manner having heard Majo' Pike and such other as were with hira, te speake freely & fully, wee told them they sheuld seen after understand our minds and sence, w""" was delivered to thera, whereof the annexed is a true copy. [See preceding article.] Copies whereof wee gave to both partyes, after read to the assembly, gave thera that nights consideration, and in the morning in the open asserably, though w* seme difficulty, wee obteyned their compliance therein & remission ef all offences mutually and Mr Wheelwright & the churches free reception of Majo' Pike into their fellowship againe, and resolution by Gods help to bury & forget aU past miscarreages, & live in leve & the feare ef God. Daniel Denison, Joseph Dudley, Thomas Savage, Hugh Mason, 30 October. Daniel Fisher. Major Apleton was present, consented & signed, but is now absent. J. D. This returne is accepted by the Court. 1677.] FROM MASSACHUSETTS RECORDS. 353 Order for the vigorous prosecution qf the war against the Eastern Indians. 24 May. 5, p. 133-4. This Court considering the necessity of a present vigorous prosecution ef the warr ag" the insolent Eastern Indians, by invading & assaulting them in their quarters, especially near the sea coast, dee therefore order previsions of all sorts, neces sary to - - - made for two hundred men, to be sent to Black Point, to furnish & magazene there fer the souldiers to be iraployed in these parts, & further, that a light vessel and two shallops be provided to attend the said souldiers, for their transportation over creeks and rivers, and pursuing the Indian canoes ; and one hundred and fifty or two hundred stout, ac tive souldiers be rayzed, & put under active & prudent leaders, & be, with all convenient speed, dispatched te Black Point & these parts, to pursue & destroy the enemy, and endeavour the rescue of the English prisoners ; & that those forces in York shire under Capt. Frost & Capt. Swaine, so many as shall be judged necessary fer the garrisoning the townes, to be, with their commission officers, dismissed, and such ef the souldiers as shall be left in garrison to be under the Comand & order of the Committee of militia of the respective places where they shall remaine. 24 May. 5, p. 138. The Court having agreed to raise forces for the suppressing of the enemy in the east parts, & the late news of their further incursions requiring the hastning thereof, with an additional number to those formerly mentioned, the Court judgeth it meet that our confoederates be forthwith acquainted with the enemies motions & our absolute necessity of a vigorous prose cution of the enemy, & that they be respectively requested to send their proportions of English to the number of one hun dred, & ef Indians to the number of two hundred, with amu nition & provisions accordingly; & for the more speedy hastning hereof, that meet messengers be sent with letters from this Court. 23 354 PROVINCE PAPERS. [1675. Documents relating to Indian troubles at Piscataqua and the Eastern parts, from 1675 to 1678. Major Waldron's Letter to the Governor of Massachusetts. [The original is in the Massachusetts Archives.*] Dover, 25th September, 1675 ? Much Hon'rd. My absence from home (being this week at Bastw'd) hath ocationd your hearing nothing from mee soe long, but being just now returned this eve ning, thought it my duty w'th all expedition to give acct of the state of the Place. Since I sent away Capt. Davis w'th about 50 men at ye ene mies flBrst assault of those places (having further information of their kill ing and burning) according to your direction raised a Pty of souldiers out of Dover and Portsm'th, and with an addition of some from Kittery I did myself advance eastward for the further succour of those places, but before I came soe flfar of Sawco, Cap. Davis being gone to Palm'th where the first damage was done by the enemy ; I had Advise of ye enemies march ing Westward, faUing upon Scarborough and Sawco, killing and burning, on Saturday and Sabbath day last at Scarborough, they killed an old man-j- [Wakely] and woman and burnt their house, and at Mr. Foxwells two 'young men were killed, being att ye barn about their cattle. The enemy then advanced tow'ds Sawco river which is nott above 4 miles distant from yt part of Scarborough, and there fell to burning of houses : ye People before having Intelligence from an Indian called Scossaway of ye time when they would come, deserted their houses, most of them repairing to Maj'r Pendletons, but Mr. Benighten [Bonighton or Bonethon] and some other families, to Maj'r Phillips. On Saturday Morning ye Indians rifled and burnt several houses on ye north side of ye river, among weh Mr. Bonighten was one, he being the night before fled to Majr Phillips. While said houses were burning a Pty of them, judged about 36 Ind'ns came over the river in English canoos, and when come Ashore, cutt holes in ym and turned them Adrift ; but all this time flnding noe men they went to Maj'r Phillips Saw mill &c. so set it goeing, then on fire and burnt it, and afterwards did ye Uke to his corn mill, it being Judged to be their design thereby to draw them out of ye house, and soe to surprise hoth them and itt, but Maj'r Phillips being forwarnd of their coming made some small defence about his house, having with him of his own ffamilies and neighbors to ye number of 15 men, besides women and children, in all about :50. The bushes being thick within shot of his house, could not at ffirst see an Ind'an, but one of ye men perceiving a stirring among the ffearnes Maj'r Phillips looked out of his chamber Window yt way and * This copy is made from N. E. Gen. Reg., vol. 7, pp. 93, 94. En. t See Hubbard, Indian Wars, p. 16, pt. 2d. 1675.] RELATING TO INDIANS. 355 ffrom thence was Imediately shott att and slightly wounded in ye should'r (2 more were alsoe wounded afterw' d, that being all the harm done there). Afterwds ye shott came thick weh was accordingly Answered ffrom with in. But noe Indians as yet apeared, but only creeping deckt with ffearnes and boughs, till some time after they gott a pr of old truck wheels and fitted ym up with boards and Slabs ffor a barricadoe to safe guard ye Driver, thereby Endeavouring to burn ye house, having prepared com bustible matter as birch rinds, pitchwood, Turpentine and powd'r ffor yt end, but they in ye house Pceiving their Intention Plyed their shott against itt and found afterward their shott went through. A little before they came at ye house there was a little wet ground into wh'ch ye wheels sunk and that obstructed their driving itt forward, they Endeavouring to gett it out of ye dirt again by turning a little on one side, thereby layeing ymselves open to ym in the house, w'ch oportunity they improoved and made them quitt their work and fly, but continued fireing at ye house all night, till Sabbath day morning about 9 o'clock, and then saw ye Indians at a distance March away, they Judged between 20 and 30, and some of ym with 2 guns ; but before they went, they sett fire on a little out house, and in itt burnt several hogs, since w'ch Maj'r Phillips is removed down to Winter harbour to Maj'r Pendletons, where I found him. After this, ye same or another Party of Indians, went to Scarborough, to a place called Dunstan, where Lt. Alger being abroad with 6 men more, well armed, being about their ocations, mett 14 Ind'ns compleat in Arras in 2 ranks. He retreating a little tow'ds his house, ye Indians Advanced and followed, whereupon he faced ym, ye ffirst rank of j-e Ind'ns fired and orderly fell in ye rear of the others. Lt. Alger with his men fired and Primed, they struck some of ym whereupon they Imediately fled, they being at a considerable Distance. None of ym liec'd any harm, but, Notwithstanding all this, neither myself nor Capt Davis nor any Pty I sent out, tho' I had ym in those parts 120 souldiers, could ever see an Ind'an. Therefore considering ye weafcnesse I left our Pts in, nearer homew'd, by taking soe many thence, and the little hope wee had of meet ing w'th ye enemy, who as soon as ever they discovered a Pty of souldiers in one place fied to another, and by reason of ye vast inconvenience at tending a March in yt country ocationed by many rivers. Marshes &c., I thought it most prudent to contract ye people into as small a compasse as may be in those towns, and there make some fortifications to defend them selves ; having left about 60 souldiers in garrison at Sawco, Scarborough and Palm'th ffor ye defence of those places, and ffor their help in gather ing their corn, and securing their provitions, bringing ye Remaining forces back w'th me to their severall towns again ; having likewise ordered Wells, Tork and Kittery, to garrison ymselves for yr our defence, ye Distractions of those places by reason of Psons being forced to fforsake their Plantations and leave their corn and cattle to ye enemy doth portend 356 PROVINCE PAPERS. [1676. inevitable want, &o. to ensue, unlesse God by his extraordinary providence prevent. Their case being considered, beg yor thoughts and direction about it, w'ch when Eec'd shall be readily attended by Hon'rd Sir, yor Humble Servt. KiCHAKD Waldern. [N. E. Gen. Reg., vol. 3, p. 23.] Capt. Frost and Sergnt Neall. Gentlemen, I thought to have mett with you here at Major Sheply's [Shepleigh] but understanding the guns were herd about Stargeon Creek it is well you tooke your march as you did— my dasier [desire] and order is that you garrison you owne house with 10 men and doe your beste now the snow is upon the grond which will be Advantadge upon their tracks. Your letter I receved about garrisoning your house. We have a party of men upon your side comanded by gOodman banmore [?] and John Win- gut [Wingate?] and Joseph Pild are going out this night: and in case you want men goe to the garrisons above and especially Samon fauU and take men for any expedition : and all the Cemanders of the garrisons are hereby required to attend your order herein and this shall be your surfl- cant warrant. dated this 8 nomber 1675 about 3 oclock. your servant Richakd Waldekn, I intend God willing to be at Sergent Major, Nachwanach to morrow morning, therefore would dasier to her from you. K. W. Letter from Brian Pendleton, Esq., of Saco. [Coll. Me. Hist. Soc, vol. 1, pp. 145-146.] superscribed, " ffor the- Honored Governor and Counsell for the Matacusets at Boston witb all speed : " — " Honored Governor together with the Counsell " " I am sorry my pen must bee the messenger of soe great tragedye. On the II of this instant wee heard of many killed of our naybors in Pal mouth or Casco Bay, and on the 12 instant Mr. Joslin sent mee a briefe letter written from under the hand of Mr. Burras [Burroughs], the min ister. Hee gives an account of 32 killed and carried away by the Indians. Himself escaped to an island — but I hope Black Point men have fetched him off by this time. 10 men, 6 women, 16 children." Tours in all humility to serve in the Lord, Bkian Pendleton." Winter Harbour at night the 13th of August 1676. 1676.] EELATING TO INDIANS. 357 Sham Fight ivith Indians at Dover, September 7, 1676. " There were gathered at Cocheco (Sept. 6) some four hundred Indians; for though the war had again broken out on the Kennebec, there was peace on the Piscataqua. Of these, two hundred were refugees, who had fled thither for protection. All of them were on terms of peace with Ma jor "Waldron, and considered themselves as perfectly safe. But the Mas sachusetts government had ordered their troops to seize all southern In dians wherever they might be found. In obedience to these orders Capts. Syll and Hathorne told Major Waldron that they must seize these Indians by force. The Major dissuaded them from this purpose, well knowing the bloodshed that would follow such an attempt, and contrived a strategem to accomplish the purpose. He proposed to the Indians to have a sham fight, the next day ; they agreed to it ; the Indians formed one party, and the troops of Waldron (including those under Capt. Prost of Kittery) with the two companies formed the other. In the midst of their fight, the whites suddenly surrounded the whole body of Indians, and made them prisoners, almost without exception, before the Indians were aware of the intended deception. The captives were disarmed immediately ; the South ern Indians present were sent to Boston, the others were set at liberty. Of those sent to Boston some five or six were hung for past offences, and the remainder sold into slavery. This action of Major Waldron has excited different opinions in different persons. * * * * The Indians never forgave him ; they did not un derstand why they should be punished for acts of open warfare committed in the South when peace had been made at the North. They could not comprehend the policy which treated them as rebels, who were born free; and when some who were sold into slavery escaped, and returned to the woods of the Cochecho, they hoarded up their vengeance until the bloody morning of the 28th of June, 1689." Hist. Mem., No. 107. A. H. Q. Letter relating to the Indians captured in the sham fight. Dover, 10 September, 1676. Much Hond. The Indians being now on board and coraing towards you, wee yt have been so far Impr - - - . about them thought it convenient to inform how farr they have kept the Peace made with us and who of these are concerned therein, viz. Penicooks, Wonolansets, Waymesists & Pis- cataq Indians, there being not any belonging further Eastward come in nor any other of those belonging to ye south side of Mirimack ever in cluded in our Pease. Those of them that had made ye Pease coming in to comply with itt, the others to get shelter under you, but that they should be all treated alike as here they were wee humbly Conceive no Eeeson, wee not being able to charge those yt made ye Pease with any breach of Arti cles, save only that of entertaining our Southern Enemies, but by yt 358 PROVINCE PAPERS. [1676. meanes we came to surprise soe many of ym. There are several of Pis- cataq Indns here who before the Pease had been very active Against us, but since have all lived quietly and attended order, but yor Pleasures being to have all sent down to determine their Case at Boston hath been Attend ed, keeping here about 10 young men of ym to serve in the Army wth their families & some old men & theirs with Wonolansets Relations, yes terday came in 2 squawes informing that one eyd Jno & Jethro were de signing ye surprising of Canonicus & bringing in desireing some of our old Men to come to Advise wth him about it, I forthwith sent out there to ffurther ye design. Wee have Information from Jewel's Island yt the former newes is not soe bad being not above 10 in all kill'd and wounded being unexpectedly surprised. If yr be any obs[t]ructions in ye ffurther Prosecution of ye enemy now by ye - our people will quickly desert their Country. Shall add no more at Prsent. — but remain in much Honr. yor Humble servnts, ElCHAED WALDBKN, Nic. Shapleigh, Tho. Daniel. Hist. Mem. No. 107. A. H. Q. 1676, I6th September. 5, p. 115. " There being many of our Indian ennemyes seized, & now in our pos session, the Court judgeth it meete to referr the disposal of them to the honoured council, declaring it to be their sence, that such of them as shall appear to have imbrued their hands in English blood should suffer death here, and not bs transported into forreigne parts," Mass. Rec. [Prom the Massachusetts Archives.*] „ , Portsmouth, 19, 8 r, 1676. Much Honrd, Being upon occasion of ye Alarms lately reed from ye Enemy mett together at Portsmo thought meet to give yor Honers our sense of Mattrs in ys part of ye country in the best manner yt upon ye place in this prsent Hurry wee are able to get. How things are now at Wells and Tork wee know not but prsume yourselves will be informed ere ys comes to yor hand P ye Post sent from the Comandr in Chiefe, weh (as was understood) went thro ye Towne this Morning. Only thus much we have learnt yt ye Enemy is Numerous & about those pts having carried all clear before him so far as Wells. That he is preceding towards us and so on toward yor- selves ye Enerny intimates & ye thing itself speaks. What is meet to be ?Copied from Hist. Mem., No. 107. A. H. Q. 1676.] EELATING TO INDIANS. 359 now don is wth yorselves to say rather than for us to suggest, however be ing so deeply and nextly conserned humbly crave leave to offer to Consid- er[atio]n whether ye securing of what is left bee not o[u]r next Work rather than ye Attempting to regain wt is lost, unless there were strength enough to doe both. It seemes little available to endeavor ought in ye more Eastern places yt are already conquered, unless there bee several Garrisons made & kept with provision & Amminition & what may be suitable for a Recruit upon all oscasions, weh to do (at least ys winter) cannot say yt ye profit will amend for ye charge. Sure we are yt orselves (yt is the County of Northfolk with Dover & Portsmo.) are so far from being capeable of spareing any fforces for yt Expedition yt wee find ourselves so thinned & weakened by those yt are out already yt there is nothing but ye singular Providence of God hath prevented our being utterly run down. The enemy observes o[u]r Motions and knows or strength (weakness rather) better yn wee are willing hee should & Pbably had been with us ere this had not ye Highest Power ruled him. And that Haver-hill, Exeter, &c. are in like predicament wth Dover &c seems apparent, & hence as incapea- ble of spareing Men. In true [?] there is an army out iu Torkshire weh will doubtless doe what may bee done, yet there is room enough for ye Enemy to slipp by them unobserved, & if so, what a condition we are in is evident. Our own men are not enough to maintain or own places, if any Assault bee made & yet many of ors are now on the other side of the Pascataq River. Wee expect an onsett in one place or other every day & can expect no Releife fro those that are so far fro home. If it should bee thought meet yt all ye Men yt are to come to us & other parts - - from the deserted & unguarded Eastern Country should bee ordered to ye Places that are left ou their own side of ye River, that so ors may be recalled to their severall Towns, it might possible be not unavailable to the End. Especially if, withal some Indians might be ordered to those parts to bee upon a perpetuall Scout from place to place. Wee design not a lessening or discouragmt of ye Army, who rather need strengthning & Incouragmt, for we verily think yt if by ye good Hand of Providence ye Army had not been there, all ye parts on ye other side of ye River had been possest by the Enemy prhaps orselves too ere ys Time. But what we aim at is that ourselves also may bee put into a Capacity to defend or selves. Wee are apt to fear wee have been too bold with yor Honors, but wee are sure our Intentions are good, & or condition very bad except ye Lord of Hosts appear for us speedily, & wee would be found in the Use of Meanes, com mending or Case to him yt is able to protect in ye Use of Meanes, — com mending in order thereunto, & Remain Much Honrd yor Humble Servts RicHABD Waldern, John Cutt, Tho: Daniel, Robert Pike, Richard Martyn, Wm. Vaughan. 360 PROVINCE PAPERS. [1676. Another letter relating to the Indians captured in the sham fight. [Prom the Massachusetts Archives.*] Cochecho, 2, 9ber, 1676. Major Gookin. Hond Sir, I reed yours of 25th 8ber concerning some Indns weh you say it is alledg'd I promis[d] life & liberty to. time Prmits mee not at prsent to inlarge but for Answer in short you may Please to know I prom ised neither Peter Jethro, nor any other of yt Compa life or liberty it was not in my power to doe it. all yt I promise[d] was to Peter Jethro, vizt : That if he would use his Endeavor & be Instrumental in ye bringing in one ey'd Jno. &c. I would acquain ye Govenr wth wh service he had done & Improve my interest in his behalfe that I Acquainted ye Honrd Coun cil with, if it had been their Pleasure to have saved more of ym it would not have trouble[d] mee. As to the Squaw you mention belonging to one of Capt. Hunting's souldiers, there was S[uch] a one left of ye first great Compa of Indns [sent ?] down weh Capt. Hunting desir'd might stay here til himselfe & her husband Came back from Eastward weh I consented to, and how she came among yt Compa I know not, I requiring none to goe yr to Boston but those that came in after ye Armies departure, neither knew I a word of it at Boston, wn I disposed ym. Soe yt twas her own fault in not Acquainting mee with it ; but if said Squaw be not Sent off I shall be freely willing to re-imburse those Gent wt they Gave mee for her that she may be set at liberty, being wholy Inocent as to wt I 'me charg'd wth I intend ere long to be at Boston wn I doubt not but shall give you full Satisfaction there about. I am Sr, yor humble Servt, Richard Waldern. Letter from Bichard Martyn, Esq., of Portsmouth, to Gen. Den- nison.lf "Honored Sir — This serves to cover a letter from Capt Hathorn from Casco Bay, in which you will understand their want of bread, which want I hope is well supplied before this time : for we sent them more than 2 m waight ; which I suppose they had last Lord's day night : the boat that brouo-ht the letters brings also word yt Saturday night the Indians burnt Mr. Munjoy's house and 7 persons in it, yt is, his house at ye fishing Island. The Sagamore of Pegwackuk is taken and kill'd and one In. Samson by our army ; but the enemy is doing mischiefe apace. On Sabbath day a man and his wife namely one Gouge were shot dead and stript by ye In- * Copied from Hist. Mem., No. 108. A. H. Q. t Coll. Me. Hist. Soc., vol. 1, p. 146. 1676.] EELATING TO INDIANS. 361 dians at Wells, yesterday at 2 of the clock Capt Nedick was wholly cut off only 2 men and a woman with 2 or 3 children escaped, so that we ex pect now to heare of farther mischiefe every day. They send to us for helpe both Wells and Torke but we had so many men out of our town yt we know not how to spare any more. Tour speciall speedy order for the Impressing some from the shoales will be of use at present. Sir, please to give notice to ye Council yt supply be sent to ye army from ye Bay for they have eaten us out of bread, and here is little wheat to be gotten and lesse money to pay for it. Supplys may as easily be sent ym from Boston as from hence, and should there be another army come among us, as I suppose there must speedily be wee shall be very hard put to it to flnd bread for thera, the Lord direct you and us in ye great concerns that are before us, which dutifull service presented in hjjste I reraain, Sr your servant Portsmouth, Sept. 26, 1676. Richard Marttn. Directed To ye Honored Maj. Generall Daniel Dennison these present Hast Post Hast. In Ipswich. By an Indian that was taken the army was informed yt at Peqwacket there are 20 captives. D. Denison." [November 9th was appointed as a day of public* thanksgiving, — be cause among other reasons] " God hath made bare his owne arme for our deliverance, by taking away counsell & courage from our ennemies, & giv ing strange advantage and great success to ourselves & confederates against them, that of those severall tribes & parties that have hitherto risen up against us, which were not a few, there now scarce remaines a name or family of them in their former habitations but are either slayne, captivated or fled into remote parts of this wilderness, or lye hid, dispair- ing of their flrst intentions against us, at least in these parts ; unto which mercy God hath added an abatement of those epidemicall sicknesses that have attended us most part of this summer, & vouchsafe us a liberall por tion of the fruites of the earth for our comfortable sustentateon and re- leefe." Mass. Rec., vol. 5, p. 130. Instructions for Major Bich. Waldern.* Tou shal repair to Black point with the 60 soldiers under Capt. Prost that you are authorized by the council to raise in Dover, Portsmouth and Torkshire, by the 8 Pebr. where you are to take under your comand the other forces from Boston & Salem under the comand of Capt. Hunting & Leiftenant Piske, and other - - - - ofllcers, from whence with all * Copied from Hist. Mem., No. 108. A. H. Q. 362 PROVINCE PAPERS. [1667. expedition with the advice of your Cemanders - - - - you shall ad vance towards the enemy at Kinnebeck or elsewhere & accordinge to the proposed designe endeavor with all silence & secresy to surprise them in their quarters, wherein if it please God to succeed you, you shall do your utmost endeavor to save and rescue the English prisoners. If you fail in this design you shall assay by all means in your power to disturb & destroy the enemy, unless you have such overtures from them as may give some competent assurance that an honorable & safe peace may be concluded with them, wherein you must avoyd all trifling and delays & with all possible speed make a dispatch of the affairs not trusting them without flrst delivery of all the captives & vessels in their hands. If you should in conclusion find it necessary to leave a garrison in Kin nebeck wee must leave it to your discretion. Tou shall use utmost expedition as winds & other advantages will per mit, lest ye season be lost and charges seem without profit. Praying God to be with you, B R, S. 24 January 1676-7. [Edward Rawson, Sec] To Major Eichard Walden : Whereas you are apoynted Co'r in Cheif of the forces now to be raised against the enemy the - - - - in the East for - all have ordered the rendezvous of sd forces at Black point the 8 of Pebr. next, hereby ordered and authorized you are to take under your comand and conduct, the sd forces weh you are to require to obey & attend your orders & comands as their Comander in Chief, & you to leade conduct & order the sd forces for the best service of the country against the comon enemy whom you are to endeavor to surprise, kill & destroy by all means in your power & al souldiers, officers &c under you are required to yield obedience - endeavor to recover the English prisoners from out of their possession, you are also to govern the forces under your comand according to the laws enacted by the Generall Ct. to attend all such orders and comands as you shall receive from time to time from the general Court' Council or other Superior authority. Given in 29 jan. 1676-7. past. E. R., S. His. Mem., No. 108. A. H. Q. Coohecha, ISth : April 1677. May it Please yor honor : I have lately Reed some lines from Majr Gooken intimating an order of ye honrd Council for ye sending mee 10 Indns to releive and strengthen ys pts, weh ffvour I gratefully Acknowledge but of the said 10 are but 2 come from Cambridge & 3 from Ipswich, 2 ye latter being old & unfitt for servise weh must dismisse again to save Charges. 1667.] RELATING TO INDI.4NS. 363 Major Gookin hints yt ye Indns aversion to coming hither is not with out some Reasons of weight without telling mee what they are, but am since better Informed of their coraplaints from the Secretary, vizt, of my Improoveing them to labour about my own ocations without any Allowance & their dissatisfaction with my Provisions, ffor ye former I did Employ some of ym, 5 or 6 days butpd ym as our English souldiers use to doe to provide wood to make ymselves a fire. I think some of ym in my ab sence were ordred to Cutt bushes on ye side of ye Comon Road without weh no Post or other could passe without danger of being cutt of by an unseen enemy. As to their Provision, know not why they should [complain] unlesse because I did not keepe a Maid to dresse their victuals for ym but ordered ym to do it ymselves. I did not discover any kind of dissatisfaction till Peter Ephraim came & after yt nothing would content ym but they must goe home. Wn I had the 1st intimation of three Indns seen up Mirri- mack I had ordred 20 forthwith to have gone out but through the sd Pe ters means they were grown soe high & ungovernable was fforc't to dis misse them. Since my last we have been & are almost daily Alarmed by ye Enemy. An Acct of ye mischief done yor honrs have already had. llth inst. 2 men more kill'd at Wells. I2th, 2 men, one woraan & 4 children kill'd at Tork & 2 houses burnt. 13th, a house burnt at Kittery & 2 old people taken Captive by Simon & 3 more, but they gave yra their liberty again without any damage to their psons. 14th, a house surprised on south side Piscatay & 2 young women carried away thence. 16th, a man kill'd at Greenland and his house burnt, another sett on fire but ye Enemy was beaten off & ye fire put out by some of our men who then recovered alsoe one of ye young women taken 2 days before who sts there was but 4 Indians ; they run skulking about in small pties like wolves. we have had pties of men after them in all qurters weh have sometiraes Recover'd something they have stolen, but can 't certainly say they have kil'd any of ym; Capt ffrost is after ym in Torkshire. from Black point you will have ye Intelligence of ye Enemies March ffrom Capt Scottow, to whom have sent some letters from — I add noe more at present but Comend you to God's Protection who hath hitherto & is able still to be our Guard. resting sr, yor very humble Servt Richard Waldern. Hist. Mem., No.l09. A. H. Q. Instructions for Capt. Charles Frost.* Tou must take notice that the party of souldiers now sent you are de signed chiefly for the defense of Torkshire & the dwellinges on the upper » Copied from N. E. Gen. Reg., vol. 3, p. 23. 364 PROVINCE PAPERS. [1677. parts of Pascatay. Tou are therefore principally so to improve them, by your constant marches about the borders of Wells, Torke, Nochewannick, Cochecho, Exeter, Haverill &c. at you shal have intelligence of the ene mies motion, whom you are upon every opportunity without delay to persue & endeavor to take Capteve, kill & destroy. Having notice of any partie of the enemy at any fishing place or other rendezvous you shall lay hold on such opportunity to assault the enemy. If you shall understand the enemy to be too numerous for your smal partie you shall advise with Major Walderne and desire his assistance to furnish you with a greater force for a present service, but if you judg the opportunity or advantage may be lost by such a delay you shall for a present service require the inhabitants or garrison souldiers of the place where you are or so many as may be necessary for you & safe for the place immediately to attend you upon such present service for destroying the enemy. In all your motions and marches, silence & speed will be your advan tage & security. Tou must supply your present wants of victuals and amunition for your souldiers out of the townes & places where you come, especially from Portsmouth to whom I have writt for that end, & if a larger supply be wanting you shal give notice thereof to my selfe or the Governr & Counsel. The necessity & distress of those parts & confidence of your courage & Industry doe require your utmost activity in the management of this busi ness ; without spending needless expensive delays up and be doing & the Lord prosper your endeavors. Tou shall from time to time give intelligence of all occurances of moment to Major Walderne & myself, & as much as may be wthout pre judice of the service advise w'th Major Walderne & the gentlemen of Portsmouth upon whom you must principally depend for your present supplyes. [Then follows In another hand.] for Charles Prost. These are the instructions Received from ye Maj'r Generall at the same time as his Comiss. of April, 1677, & delivered to him the 13th according to order. Tours, RoBT. Pike, Sergt. To Capt. Charles Frost: Tou are Required in his Maj 'ties name to impresse six able souldiers either of yr own town or others compleatly flitted w'th arms & Amunition to attend ye service of ye country in yor Garrison or otherwise as you see meet, & this shall be yor sufficient war'tt from Richard Waldern, Serget major. 2 May, 1677. 1679.] PROM MASSACHUSETTS EECORDS. 365 In the spring of the year 1678, a peace was concluded at Cascoe, Major Shapleigh of Kittery, Captain Prancis Champernoon and Mr Pryer of Portsmouth acting for the whites. The following paper has reference to this matter : "For Major Waldron & Major Pendleton, from yourselves by several letters we have received information of Squando & the other Indians case their desire further to hear the English of parts for a firm peace & that Major Shapleigh & C. Champernoon are desired to advance in that matter as most acceptable to the Indians, if thepaselves or any other per sons be judged suitable by yourselves for such an occasion be obtayned to hear them they may in the name of the Governor & Councill promise them a safe conduct coming and returning hither in way of treaty, wheth er anything concluded or no as they formerly have if otherwise they may take the Indians demands of which ourselves here may consider and give answer. In the mean time advising as the spring cometh on to be upon your watch and guard your own Security. Not else but remain S - - - Tour friend & servant, Edwd Eawson, Secret & of the Councill." Hist. Mem., No. 109. A. H. Q. 28 May, 1679. 5, p. 218. In answer to the petition of Mrs Francis Eeyner — the Court orders, that the select men of Dover dee take effectuall care to setle the acompts betweene the inhabitants of said towne and Mrs. Reyner, administratrix to the estate ef the deceased Mr John Reyner, relating to his sallery, and the payment of such arrears as are yet unpayd, & that this be donn at or be fore the last day of September next.* * Rev. John Eeyner, sixth minister of the Church in Dover, was a na tive of England. He came to America in or near the year 1635, and in 1636 settled in Plymouth, Mass., where he remained for eighteen years. His connexion at Plymouth was dissolved in November, 1654, and he was settled in Dover, 1655. The town gave Mr. Eeyner a house and a few acres of land, 1659, which was confirmed to his heirs by vote. May 29, 1671. His house stood near the school house on Dover Neck, and its site is still discernible. In the last few years of his life he was assisted by his son, John Eeyner, jun. He died, 22 April, 1669, his will being dated 19 April. Prances, his wife, administered on his estate. Of Mr. Eeyner, it is said, " He was richly accomplished with such gifts and graces as were befitting his place and calling, being wise, faithful, grave and sober, a 366 PROVINCE PAPERS. [1679. 28 May. 5, p. 226. Major Eichard Waldron, Capt Elias Stileman, Mr. Eichard Martyn & Capt. Thomas Daniel returned to this Court as chosen to be associates fer this yeare for the County Court of Dover, were allowed of by this Court. Mr Samuel Dalton was appointed & was alike Impowered with Magistraticall authority in Hampton for this yeare ensu ing. Maj. Richard Waldren fer York, Dover & Portsmouth, & Capt Elias Stileman & Mr Eichard Martyn for Portsmouth & Dover were alike invested with magistraticall authority fer the ensuing year 30 May, 1679. 5, p. 231. It is ordered by this Court, that the County Court next to be held at Dover, doe take effectuall care for the levying of the publicque rates payable & due frem the inhabitants ef that Court, as well those on the Isle of Shoales as elswhere, that se the dues belonging to these that have denn service in the late warr, & disbursed their estates fer the publicke, may be payd as in equity wee are bound. EDWARD COLCORD. To the Honoured Governor & Councill now assembled in Boston. When Major waldrine went frem the Genneral Court of Bos ton about May last was two yeares, when he returned through Hampton he requested me Edward Colcord to Come te his house, wheare he shewed me the complaint yt was put in to his Majesty against the Massathusetts Majestrates wr'in he said Mason had charged the Magestrates sume things to this pur pose weh I heare relate yt they had taken away the govern ment of the people; and burnt the houses &baneshed severall prsens; upon weh Major waldrine desireing me, being an An- lover of good men, not greedy of the matters of the world, and armed with much faith, patience, meekness — was an able, faithful, and laborious preacher of the Gospel, and had an excellent habit of training up children in a catechetical way in tbe grounds of christian religion." [See Quint's Hist. Mem., No 65, with i copy of his will.] — Ed. 1679.] PROM MASSACHUSETTS RECORDS. 367 tient Inhabitant in these parts, to speak wh severall Inhabit ants theire yt weire antient Inhabitants te speake to the truth theireof, who gave in or testimoneys te the truth fer yor Hon ours vindecation ; and te accomplish this it Cost me Eighteen days tyme ; & one weeke Cominge heither weh was in the prime of Sumer; fer weh I desire satisfaction. Edward Colcord. Boston, 6th March 1678-9. [A marginal note adds,] I hope yor honours will give me at least tenn pounds for I really desarve it & more ; for I was no sunner absent but post was sent after me.* Hist. Mem., Ko. 98. A. H. Q. * [What further happened to Edward Colcord, appears from the sub joined action of the President and Council of New-Hampshire, two years later.]— Ed. The case of Edward Colcord for abuse offered to his wife att divers times as Doth appear by Evidenc, the President and Council doth order that the sayd Edward Colcord shall continnow in prison till harapton Court next, unless he Gitt baile to the vallue of fortie pounds to keepe the peace towards all persons and speciall towards his wife and children till the Court take further order Concerning him. 29th June 1681. Edward Colcord moving the Council (who hath sentenced him to pris on, there to be kept can give Security of £40 for his Good Apearing to his wife and family that stands in fear of their lives if he be att liberty) which by reason of his restraint Cannot find what to answer, as if he had some time allowed him to Attaine the same, the Council doth further or der thatt he have three weeks or a month's liberty to procure sufficient sureties to the said some of 40£ and if in the mean time he shall Committ any outt Rage or any wise abuse his wife or children upon any of their Complaints to authority made by them, that then he shall forfeit to the Treasurer of this p'vence all that Eight he hath or ought to havf; into all or any part of thatt maintenance the Councill hath allotted him for his support During his life out of whatt Ever Estate he hath or pretendeth to have, and be forthwith Committed to prison without baile or monie prize ther to be kept During the Councils pleasure to be Com mitted by such of the Council as the Complaint be made unto. by order of the CounciU 30th June, 1681. Samll. Dalton, Recdr. Hist. Mem., No 98. A. H. Q. Note. — "Ould Edward Colcord died Pebruary 10, 1681-2." Hampton Town Rec. 368 province papers. [1679. 15 October, 1679. 5, p. 245. In answer to the petition of Rowley referring to a council for setlement of their differences this Court doth order, that the churches of Ipswich, Newbery, Hampton, Haverill, who were formerly, by their Elders & messengers upon the place, together with the messengers of the three churches of Boston, the church ef Salem, Beverly & Portsmouth, be written unto by the Secretary in the name ef this Court, to assemble at Rowley on the second Wednesday in November, to give their selemne advice & issue to the said differences, as God shall di rect, and make returne te the next Gennerall Court. P. 252. Whereas the military company in Hampton is destitute ef a leftennant, this Court deth order, that Ensigne John Sanborne be leiftennant, and Sarjant Thomas Philbrick be ensigne, & that commissions be granted to them accordingly. Feb. 4, 1680. At a Generall Court specially called by the Gov' & assistants at Boston & held there Feb. 4, 1679-1680. This Court deth hereby declare that all Commissions that have been formerly granted by the Colony of the Massachu setts te any person or persons that lived in the townes of Hampton, Exeter, Portsmouth & Dover are hereby withdrawn, and as to any future act made voyd and of ne effect. C. Eec, vel. 5, p. 258. PROM MASSACHUSETTS RECORDS. 369 Names of Deputies from towns in New-Hampshire, to ihe General Couri of Massachusetts, in Boston, from 1641 to 1679. [Copied by the Editor from the printed Records of Mass.] 1641, 7 October. Willi. Hayward, Hampton. 1642, 8 September. Willi. Hayward, Hampton. Mr. Jam: Parker, Strawberry Bank. 1643, 10 May. Willi : Haward, Hampton. Edward Starbuck, Dover. James Parker, Strawberry Bank. 1644, 29 May. Left. Howard,* Hampton. Will. Eastowe, « Mr. Willm. Hilton, Dover. Mr. Stee. Winthropp, Strawberry-banke. 1645, 14 May. Capt. Wiggin, Dover. William Heath, « Left. Howard, Hampton. Strawberry Bank. Hampton. 1646, 6 May. Wm. English, Wm. Waldron, Dover. Edw. Starbuck, Strawberry Banke. 1647, 26 May. Wm. English, Hampton. 1648, 10 May. Wm. Estow, Hampton. Wm. Furber, Dover. 1649, 2 May. Wm. Eastow, Hampton. DnvAr 1650, 22 May. Jeoffrey Mingay, AJ U V Ol . Hampton. Left. John Baker, Dover. 1651, 7 May. Eoger Shaw, Hampton. 1652, 27 May. Roger Shaw, Hampton. Mr. Valentine Hill, Dover. *This the same as " Hayward." 24 370 PROVINCE PAPERS. 1653, 18 May. Mr. Eoger Shaw, Mr. Valentine Hill, Hampton. Dover. Mr. Brian Pendleton, Portsmouth. 1654, 3 May. Mr. Anthony Stanion, Capt. Richard Walden, Hampton. Dover. Mr. Valentine Hill, (( Capt. Brian Pendleton, Portsmeutb. 1655, 23 May. Henry Dow, Mr. Valentine Hill, Hampton. Dover. 1656, 14 May. Henry Dow, Capt. Eichard Walderne, Hampton. Dover. 1657, 6 May. Eobert Page, Capt. Richard Walden, Hampton. Dover. Mr. Vallentine Hill, ll 1658, 19 May. Left. Chrisf Hussey, Capt. Eichard Waldern, Hampton. Dover. Capt. Brian Pendleton, Portsmouth. 1659, 11 May. Left. Christepher Hussye, Capt. Eich. Waldern, Hampton. Dover. 1660, 30 May. Left. Christo Hussey, Capt. Eich. Waldderne, Hampton. Dover. Mr. Hen. Sherborn, Portsmouth. 1660, 19 December. Left. Christop' Hussey, Capt. Eich. Walderne, Hampton. Dover. Capt. Brian Pendleton, Portsmouth. 1661, 22 May. Wm. Puller, Capt. Eichard Walderne, Hampton. Dover. Capt. Brian Pendleton, Portsmouth. 1662, 7 May. Mr. Samuel Dalton, Capt. Eichard Walderne, Hampton. Dover. 1663, 27 May. Capt. Wm. Gerrish, Capt. Eichard' Walderne, Capt. Brian Pendleton, Hampton. Dover. Portsmouth. 1664, 18 May. Capt. Wm. Gerrish, Hampton. 1665, 3 May. Mr. Samuel Dalton, Capt. Eichard Walderne, Mr. Richard Cutt, Hampton. Dover. Portsmouth. FROM MASSACHUSETTS RECORDS. 371 1666, 23 May. Mr. Samuel Dalton, Hampton. Capt. Richard Waldern, Dover. Mr. Nath'l Fryer, Portsmouth. Capt. Eichard Walderne was chosen Speaker for the session, 1666, 11 September. At a special session, present Mr. Samuel Dalton, Hampton. Capt. Richard Walderne, Dover. Mr. Nath. Fryer, Portsmouth. 1667, 15 May. Mr. Wm. Fuller, Hampton. Capt. Eichard Walderne, Dover. Mr Elias Stileman, Portsmouth. Capt. Eichard Walderne was chosen Speaker for this session. 1668, 29 April. Mr. Robert Page, Hampton. I Capt. Eichard Walderne, Dover. Mr. Elias Styleman, Portsmouth. Capt. Richard Walderne was chosen Speaker fer this session. 1669, 19 May. Mr. Samuel Dalton, l Mr. Josh. Gilman, J Capt Richard Walderne, Capt. Richard Cutts, Mr. Samuel Dalton, Capt. Rich Waldern, ) Left. Rich. Cooke, j Mr. Eichard Cutt, Mr. Samuel Dalton, Capt. Eich* Walderne, ) Left. Rich. Cooke, j Mr. Elias Stileman, Capt Xteph' Hussey, Capt. Rich. Waldern, ) Left. Peter Coffin, j Capt. Ei. Cutt, \ Mr. Eich. Martyn, ) 1673, 7 May. Mr Samuel Dalton, Capt. Eichard Walderne, ) Left. Peter Coffin, j Mr. Elias Styleman, Eichard Waldron was chosen Speaker. 1670, 11 May. 1671, 31 May. 1672, 15 May. Hampton. Dover. Portsmouth. Hampton. Dover. Portsmouth. Hampton. Dover. Portsmouth. Hampton. Dover. Portsmouth. Hampton. Dover. Portsmonth. 372 PROVINCE PAPERS. 1678, 16 September. At a speciall general court, Capt. Eich. Waldern, ] Left. Peter Coffin, j Mr. Eich. Martyn, Eichard Waldron was chosen Speaker. 1674, 27 May. Mr. Samuel Dalton, Capt. Richard Walderne, Mr. Anthony Nutter, Capt. Richard Cutt, Eichard Waldren was chosen Speaker. 1675, 12 May. Mr. Samuel Dalton 1 S.* Maj. Eich Walderne, Capt. Eich. Cutt, Maj. Eichard Waldern was chosen Speaker. i 1676, 3 May. 1676, 9 August. 1677, 23 May. 1678, 8 May. 1679, 28 May. Mr Samuel Dalton, Mr. Anthony Nutter, Mr. Eichard Cutt, Mr. Samuel Dalton, Mr. Eich. Waldron, Jn. Cutt, Mr. Tho. Marston, Majo. Eichard Waldron, Capt. Elias Styleman, Mr. Sam. Dalton, Mr. Samuel Dalton, Left. Peter Coffin 1 S. Mr. Eichard Martyn, Maj. Eichard Waldron, Dover. Portsmouth. Hampton. Dover. Portsmouth. Hampton. Dover. Portsmouth. Hampton. Dover. Portsmouth. Hampton. Dover. Portsmouth. Hampton. Dover. Portsmouth. Hampton. Hampton. Dover. Portsmouth. Kittery. Maj. Eichard Waldron was chosen Speaker for the session. The jurisdiction of Massachusetts over New-Hampshire terminated this year. * Probably Ist session. THB COMMISSION CONSTITUTIHO A PRESIDENT AND COUNCIL POR THE PROVINOE OP NBW-HAMPSHIRE, IN NEW-ENGLAND.* [Council and Assembly Records.] Charles y= Second To all te whom these Presents shall come. Greeting : Whereas, our Colony of y= Massachusetts, at Mattatbusetts Bay, in New-England, in America, have taken upon them selves te organize a government and jurisdiction over y^ Inhab itants and Planters in y" Towns ef Portsmouth, Hampton, Dover, Exeter, and all ether y' Towns and lands in y^ Prov ince of New-Hampshire, lying and extending from three miles northward of Merrimack River, er any part thereof, into y" Province of Maine, not having any legall right or authority so te do; which said jurisdiction, and all further authority thereof, we have thought fit, by the advice ef eur Privy Council, te inhibit and restrain fer the future ; And do hereby inhibit and restrain y° same. And whereas y' Govern ment of y° part of the said Province of New-Hampshire, so limited and bounded as afores", hath net yet bin granted unto any person or persons whatsoever, but y" same still remains under Our immediate care and protection : To the end, there- fere, y' Our loving subjects, ye planters Inhabitants within y" limits aforesaid, may be protected and defended in their respec tive rights, liberties and properties, and y* due and impartiall justice may be duly administered in all cases, civili and criminall * This Commission passed the Great Seal, September 18, 1679, but did not go into effect until the next year. The MS. volume from which it is transcribed ia in the office of the Secretary of State. — Bd. 374 PROVINCE papers. [1680. and y' all possible care may be taken fer y= quiet and orderly government of y" same, new Knowy", that We, by and with y" advice of our Privy Council, have thought fit te erect, and by these presents fer us, C heirs and successors, de erect, con stitute & appoint a President and Council to take care of y* said Tract of land called The Province ef New-Hampshire, and of the Planters and Inhabitants thereof, and te order, rule and govern y= same according to such methods and regulations as are herein after provisied and declared. And fer y« better execution of Our Royall pleasure in this behalf, We do hereby nominate and appoint Our trusty and well beloved subject, John Cutt, of Portsmouth, Esq., to be y° first President of y' said Ceuncell, and to continue in y" said office fer the space ef one whole year next ensueing y^ date of these presents, and so long after, untill We, Our heirs er successors, shall nominate and appoint seme ether person te succeed him in y'= same. And we likewise nominate and appoint Our trusty and well beloved subject, Eich : Martin, Esq'., WiUiam Vaughan, Esq"'., and The. Daniel, Esq'., all of Portsmouth, aforesaid; John Gil man, of Exeter, afors*, Esqr., Christepher Hussey, ef Hamp ton, afrs". Esq"'., and Eich : Walden,* of Dover, afores*, Bsq^, to * The President, John Cutt, was a principal merchant, of great probity and esteem in Portsmouth ; but then aged and infirm. Richard Martyn was of good character and great influence. He had been very active in procuring the settlement of a minister in the town of Portsmouth. William Vaughan was a wealthy merchant, generous and public spirit ed, and of undaunted resolution. He was of Welsh extraction, but was bred in London under Sir Josiah Child, who had a great regard for him and whose interest he made use of for the good of the province. Thomas Daniel was a person of such note and importance, that when he died, in a time of general sickness and mortality, Mr. Moody preached his funeral sermon from 2 Sam. 2 : 30. " There lacked of David's servants nineteen men and Asahel." Fitch's Mss. John Oilman was a principal man in Exeter, as was Christopher Hussey in Hampton. [Christopher Hussey was born in Darking, in Surry, came to New-Bngland as early as 1634, in which year he was admitted a free man by the Massachusetts Colony. He settled at Hampton in 1638, and represented that town in the General Court in 1658, 1659 and 1660. In 1685 he was cast away and lost on the coast of Florida. He had three 1680.] COMMISSION OF JOHN OUTT. 375 be of the Councell within y" said Province ef New-Hampshire : And we do hereby authorize and appoint the said President and Councell to nominate and make choice of three ether per sons out of y severall parts ef the said Province whom they shall judj to be most fitly qualified to be of y" said Ceuncell, and te swear them into y° same. And y' the said Jo : Cutts, and every succeeding President of y° said Councell, shall nom inate and appoint any one of the members ef the said Councell for y" time being to be his deputy, and to preside in his ab sence. And y' the said President, or his deputy, and any five ef the said Ceuncell, shall be a quorum. And our express will and pleasure is that no person shall be admitted to sit er have a vote in the said Councell, until he have taken y' oath of allegance and supremacy, and y° oath herein after mentioned, fer y° one and impartiall execution ef justice, and y° faithfull discharge of y" trust in them reposed. Which oaths we de hereby authorize and direct y" said Ric. Martin, W : Vaughan, T : Daniel, Jo : Gilman, Christ : Hussey, E : Waldron, or any three ef them first, te administer to y* said Jo : Cutt, y*' present President, and y^ said Je : Cutt having taken y° said oaths, we do will, authorize and require him, y* said Pres., for y° time being, to administer y* same from time to time to all and every ether the members of y° said Ceuncell. And we do hereby will, require and comand y^ said Jo : Cutts E : M : and every ef them, te whom this our pleasure shall be made known, that, all excuses whatsoever set aside, y' they fail not to assem ble and meet together at y^ s* town of Portsmouth in y° Prov. of New Hampsh. afors* within y space of 20 days next after y° arrival ef this Commission at Portsm. aforesaid, and there to cause this Our Commission, or Letters pattents, to be read sons, Stephen, born in 1630, who died in Nantucket in 1718, aged 88 ; John, who removed to New-Castle, in Delaware, and Joseph, who remained in Hampton, and was the representative in 1672.] Richard Waldron was a native of Somersetshire, and one of the first settlers in Dover. He was much respected and eminently useful, having sustained divers important offices, civil and military, and approved his courage and fidelity in the most hazardous enterprises. Farm. Belk., p. 90. [For fuller notices of President Cutt and the above named Councilors, see Coll. N. H. Hist. Soc, 8, pp. 305-340.] Ed. 376 PROVINCE PAPERS. [1680. before them, or as many of them as shall be there assembled, and having first duly taken the said oaths, to proceed to cheese, nominate and appoint such officers and serv" as they shall think fit and necessary fer thoir service. And also to appoint such ether time and place fer their future meetings as they er y" major part ef them (whereof y' Pres : or his deputy te be one) shall think fit and agree. And Our Will and pleas ure is, that Our said Ceuncell shall frem time te time have and use such Seal only fer y" sealing ef their acts, orders and proceedings as shall be sent unto them by us, eur heirs or successors, for y' purpose. And we do by these p'^ts, for us, eur heirs and successors, constitute, establish, declare and appoint eur said Pres. and Councell, and y« Pres : and Councell and their successors fer y" time being, to be a constant and setled Court of record, for y" administration of justice to all our subjects inhabiting within y^ limits aforesaid, in all cases, as well criminall as civili, and y' y" Pres : and any 5 of the Ceuncell for y' time being, shall have full power and authority to held plea in all causes frem time to time, as well in pleas of y Crown as in matf^ relating te y* conservation of y' peace, and in punishment ef offenders, as in civili suits and actions between parties and parties, or between us and any ef our subjects there; whether y' same de concern y" realty, and relate to a right ef freehold and inheritance, er whether y" same do concern y° personality, and relate to some matter of debt, contract, damage, er ether personal injury, and also in all mixt actions w* may concern both realty and person, and therein, after due and orderly proceeding and deliberate hearing en ea. sides, to give judgm', to award execution, as well criminall as in civili cases as aforesaid : so always y'y° forms of proceed ing in such cases and y" judgment thereupon to be given, be as consonant and agreeable te y" Laws and Statutes of this Our Eealm of Bng*, as y* p'sent state and condition of our subjects inhabiting within y" limits aforesaid, and y'' circum stances of y" place will admit. And y" Pres: and Councell for y° time being, and every of them respectively, before they be admitted to their severall and respective offices and charges, shall also take this Oath following : 1680.] COMMISSION OF JOHN CUTT. 377 Tou shall swear well and truly te administer justice to all his Ma**' subjects inhabiting within y" Province ef New Hampsh. under this Government : and also duly and faithfully to discharge and execute the Trust in you reposed, aecording to the best ef your knowledj. You shall spare no person fer favour or affection, nor any person grieve for hatred or ill will. So help you Ged. Notwithstanding it is Our will and pleasure, and se we de hereby expressly declare, y' it shall and may be lawfull frem time te time te and for all and every person and persons, who shall think himself or themselves aggrieved by any sentence, judgm' er decree pronounced, given or made (as afors*) in, about or concerning y' title of any land, or other reall estate, or in any personall Action, er suit above the value of 501 and not under, to appeal from such Judgm', Sentence and Decree unto us. Our heirs and successors, and our and their Privie Councell. But with and under this caution and limitation: That y" Appellant shall first enter into and give good security te pay full costs, in case no relief shall be obtained upon such decree. And our further will and pleasure is, and se do we hereby declare; That in all criminall cases, where y° punishm' to be inflicted on y" offenders shall extend to loss ef life er limb (y° case of willfull murder excepted) y" psn. convicted shall either be sent over into this Our Kingdom of Eng* with a true state of his case and conviction ; or execution shall be respited untill y^ case shall be here presented unto us, our heirs and successors, in Our and their Privie Ceuncell, and orders sent and returned therein. And fer y* better defence and security of all our loving subjects within y" Province of New Hampshr, and y" bounds and limits aforesaid, our further will and pleasure is, and hereby we do authorize, require and command y" said Pres : and Councell for y" time being, in our name and under the seal by us appointed to be used, to issue, seal and give commissions from time te time to such person and persons, whom they shall judg shall be best qualified for regulating and discipline ef y" militia of Our said Province ; and for y' arraying and mustering y" Inhabitants thereof, and instructing them hew to bear and use their arms, and that care be taken that such good discipline shall be 378 PROVINCE PAPERS. [1680. observed, as by y" said Council shall be p'cribed ; y' if any invasion shall at any time be made, er ether destruction, detriment, er anoyance made or dene by Indians, or others upon er unto eur good subjects inhabiting within y" said Prev. ef New Hamp. We de by these p'^sents fer us, our heirs and successors declare, ordain and grant, that it shall and may bo lawfull to and for our said subjects so comissioned by eur said Council frem time to time, and at all times for their special defense and safety to encounter, expell, repell and resist by force of arms, and all ether fitting means whatever, all and every such person and persons as shall at any time hereafter attempt or enterprise y^ destruction, invasion, detriment, or anoyance ef any of our said loving subjects, er their planta tions or estates. And above all things. We do by these p'sents will, require and comand eur said Councell to take all possible care for y* discountenancing of vice and encouraging ef virtue and good living ; and that by such examples y' infidel may be invited and desire te partake of y" Christian Eeligion, and fer y' greater ease and satisfaction ef y° s* loving subjects in mat ters of religion. We de hereby require and comand y* liberty of conscience shall be allowed unto all protestants ; y' such especially as shall be conformable to y= rites of y" Church of Eng* shall be particularly countenanced and encouraged. And further, We de by these p'sents, fer us, eur heirs and successors give and grant unto y" said Ceuncell and their successors fer y« time being, full and free liberty, power, and authority to hear and Determine all emergencies relating to the care and good Government of eur subiects within y' s* Prev : and also te sumon and convene any person er persons before them, and punish contempts; and cause y" Oath ef allegiance to be administered to all and every person who shall be admitted to any office, freedom, preferments, and likewise with what convenient speed they can, te cause proclamation to issue out and be made in eur name te y' Inhabitants of y said Prev. ef N. Hamp : thereby signifying that we have taken them into our imediate Governm' and gracious protection, and letting them further knew that We have written te y" Governour and Councell ef the Massachusetts Bay, to recall all such commis sions as they have granted for exercising any jurisdiction iu 1680.] COMMISSION OF JOHN CUTT. 379 y' parts aforesaid. And that we have inhibited and restrained them for y future from exercising any further authority or jurLsdiction over them. And further, y' y" s* Inhabitants within y' said Prov. ef N. Hamp'. and limits aforesaid, do and shall from henceforth repair for justice and redress unto them y* said Pres. and Councell, whom we have constituted and appointed to be a standing Court for administration of justice as aforesaid, and intrusted them with y" care ef their quiet and orderly Government, and therefore requiring that they give obedience unto them : And our will and pleasure is, that these, with such other generall intimations shall be given unto y° people as by y" said Pres. and Ceuncell shall be thought necessary. And for supporting the charges of the Govern ment ef said Prov. of N. Hamp, Our will and pleasure is, we do by these p'^ authorize and require the said Pres. and Ceuncell to continue sueh taxes and impositions as have bin and are now laid and imposed upon the Inhabitants thereof: and y' they levy and distribute, or cause the same to be levyed and distributed to those ends, in the best and most equall manner they can, untill a generall assembly of y^ s*Prov. shall be called, and other method for y' purpose agreed upon. To which our will and pleasure is, and we do by these p"* author ize, require and comand y" said Pres. and Councell that they within 3 months after they have bin sworn (as aforesaid) they shall issue forth sumons under y^ seal by us appointed to be used, y° return ef writs fer y" calling a Generall Assembly of the said Prev., using and observing there such rules and methods (as to the persons who are to chuse their Deputies and y' time and place of meeting) as they shall judge most conve nient. At y' meeting of which Gen. Assembly we do hereby will, authorize and require y" Pres. ef y* said Councell to mind them in y' generell, what is te be intimated in y proclamation aforesaid. That ho recomend them y° making of such Acts, Laws, and Ordinances, as may most tend to y" establishing them in obedience to our authority; their own p'servatien in peace and good Governm', and defend against their enemies, and that they do consider ef the fittest ways fer raising ef taxes, and in such proportion as may be fit for y* support of y' s* 380 PROVINCE PAPERS. [1680. Governm*. And eur will and pleasure is, and we do hereby declare, ordain, and grant, that all and every such Acts, Laws and ordinances, as shall from time to time be made in and by such general Assembly or Assemblies, shall be first approved and allowed by the Pres. and Councell for the time being, and, thereupon shall stand and be in force untill y= pleasure ef us, our heirs and successors, shall be known, whether y° ^me Laws and ordinances shall receive any change er confirmation or be totally disallowed and discharged. And therefore, eur will and pleasure is, that y" Pres. and Ceuncell do, and shall from time te time transmit and send over unto us, eur heirs and successors, and our and their Privie Councell for the time being, all and every such Acts, Laws and Ordinances, by the first ship y' shall depart thence for Eng*, after their making. Also, eur will and pleasure is, and We de hereby direct and appoint, that if y" said Pres. of y"" Councell, shall happen te dye, that there from and after y* Death ef y' said Pres., his Deputy shall succeed him in y° office of Pres., and shall, and may nominate and cheese any one ef y" said Ceuncell te be his deputy, to preside in his absence ; and y" said deputy se succeeding shall continue in y^ said office of Pres. untill eur further will and pleasure be known therein, and We shall think fit te nominate and appoint seme ether te succeed therein. And if any of y^ members of y' said Councell shall happen te die, eur will and pleasure is, and We de hereby direct and appoint y" remainder ef y^ Ceuncell te select seme other person te be a member of y° said Councell fer the time being, and te send ever the name ef such person so chosen, and the name ef two more whom they shall judg fitly qualified for that s* appointment, that we our heirs and successors, may nominate and appoint which of the three shall be y" member in y" place ef such member so dying. And we de hereby declare, that We, our heirs and successors, shall and will ob serve and continue this method of grace and favor toward our loving subjects, in convening them in their Assembly, in such manner and form as is herein before mentioned and provided, unless, by inconvenience arising frem thence. We, eur heirs er successors, shall see cause to alter y« same. 1680.] COMMISSION OF JOHN CUTT. 381 And whereas y" said province ef new hampshire, have many of them bin long in possession ef severall quantities ef lands, and are said to have made considerable improvements theire upon, having noe other title for y« same than what hath bin derived from y* Government of the mattihusetts Bay, in vertue of theire Imaginary line, w* titell as it hath by y° opinion of our Judges in England, bin altogether set aside, soe y' Agents from y° saide Colony have consequently disowned any righte, either in the people er government thereof, from the three mile line aforesaid ; and it appearing unto us that y" ancestors ef Robert Mason, esquire, obtained grants from eur greate Councill ef Plimeth, for y° tract of Land aforesaid, and wheare at very greate expence upon y'' same, until melestdd and finally driven oute, which hath occasioned a lasting cem- plainte for Justice, by y" said Robert Mason, ever since our restoration ; hew ever, to prevent in this case any unreasona ble demands w"'' might be made by the said Eobert Mason, fer y° right he claimeth in y* saide soyle, we have obliged y" said Eobert Mason, under his hand and seal, to declare that he will demand nothing for y time paste, untill the 12th of June last past, ner molest any in the possession fer y" time to come, but will make out titles to them and theire ayres forever, provided they will pay to him upon a fair agreement, in Lieu of all other Eents, six pence in y" pound, according te y'' Juste and trew yearly value of all houses builte by them, and ef all lands, whether gardens, orchards, arribell or pasture, w""^ have been Improved by them, which he will agree shall be bounded out unto every of y'= partyes concerned, and that y residue maye remaine unto himself te be disposed of for his best advantage. But notwithstanding this overture frem y' said Eobert Mason, w* semeth to be faire unto us, [if] any of y' Inhabitants of y' saide province of New Hampshire shall refuse to agree with y= Agent ef y" said Robert Mason, upon 'y' terms aforesaid, our will and pleasure is y' y" president and Councell of new hampshire aforesaide, fer y" time being, shall have power and are hereby impowered to Interfere and recon- sile all Differences if they can. That shall er maye arise be tween said Robert Mason and y" said Inhabitants; but if they cannot, then we do hereby commande and require the said 382 PROVINCE PAPERS. [1680. president and Councill to send into England such coppies, fairly and Imparsially stated, together w"* their one opinions upon such cases, that we, our ayres and successors, with y" advice of eur and their Councill may determine therein accord ing to equity ; and lastly, our will and pleasure is, that the said president and Councill for y^ time being, doe prepare and send to England, such rules and methods for their own pro ceedings, as may best suite with the constitution of the saide prev. ef New Hampshire. For y" better establishing our authority theire and the gov ernment thereof, that we and our privie Councill may examine and alter er approve the same, in witness whereof, we have caiysed these our letters to be made patent. Witness our self, at Westminster, the 18th of September, In the one and thirtieth year of eur Reigne. Per ipsum Regem, Barker. Province Laws. [Coun. and Assem. Rec] The Generall Lawes and Liberties of the Province of New Hampshire, made by the Generall Assembly in Pertsm° the 16'" of March, \^% and apreved by the Presid' and Councill. Fer as much as it hath pleased eur Sovereigne Lord the King, out ef his Princely Grace and favour, to take vs, the Inhabitants ef New Hampshire, into his imediate Governm' and Protection, the w""*, as we are ever bound to acknowledge w"" great thankfulnesse, see we have great reason te hope and believe y' his Majesty will still continue to countenance and ineourage vs with y= Injoym' of such Libertyes, Imunities and ppties as belong to free borne Englishmen, and whereas his Majesty hath been pleased by his Letters Pattents, sent to vs, te confer sueh power upon y= Generall Assembly as te make such Lawes and ordinances as may best sute w'* y" geed Governm' and quiet settlem' ef his Majesties subjects within this Province : It is therefore ordered and inacted by this Generall Assem bly and the authority thereof, that ne Act, Imposition, Law or 1680.] PROVINCE LAWS. 383 Ordinance be made or imposed upon us but such as shall be made by the said Assembly and approved by the Presid' and Councill from time to time. That Justice and Eight be equally and impshally administered vnte all: not sold, denied or causelessly deferred unto any. 9 Hen. 3, 29 Stat. ; 2 Edw. 3, 8 Stat. ; 5 Edw. 3, 9 Stat. ; 14 Edw. 28 ; Edw. 3, 3 Stat. ; 11 E. 2, 10, 17 ; Caro. 1, 10. Cappitall Laws. IDOLLITRY. 1. It is Inacted by y" Assembly and y= authority thereof, y' if any pson having had the knowledge of the true God, openly and manifestly have or worship any other Ged but the Lord God, he shall be put te death. Ex. 22 : 20 ; Dea. 13 : 6 and 10. BLASPHEMY. 2. If any pson w'Mn y° Province professing y^ true Ged shall wittingly and willingly presume to blaspheme the wholly name of Ged, Father, Son er Holy Ghost, w"' direct, express, pre sumptions or high-handed blasphemy, either by willful or obsti nate denying y^ true Ged er his creation or Governm' of y' world, or shall cursfe Ged, Father, Sen, er Holy Ghost, such pson shall be put to death. Levit. 24 : 15 and 16. TREASON. 3. Treason against y' psen ef eur Souereigne, y* King, the State, and Comon Wealth of England, shall be punished w"" death. PUBLIQUE REBELLION. 4. H any man conspire and attempt any Invasion or insurrec tion or Publique Rebellion against this his Majesties Province, or shall endeavor to surprise any towne or townes, fort or forts therein, or shall treacherously or pfidiously attempt the alteration' and subversion ef the fundamental frame of y= Government, according to his Majesties constitution by his Letters Pattents, every such pson shall be put to death, or otherwise greveously punished. 384 PROVINCE PAPERS. [1680. WILFUL MURTHER. 5. If any psen shall comitt wilfull murther by killing any man, woe: or child, upon premeditated malice, hatered or cruelty, net in a way ef necessary and just defence, nor by casualty against his will, he shall be put te death. 6. If any pson slayeth another pson sudenly, in his anger and cruelty ef passion, he shall be put te death. 7. If any pson shall slay another through guile, either by poysoning or ether such devilish practice, he shall be put to death. WITCHCRAFT. 8. If any Christian, soe called, be a witch, y' is, hath er con sulted w"" a familliar spirit, he or they shall be put to death. BEASTIALITT. 9. If any man lie w"" a beast er bruite creature by carnall copulation, they shall surely be put te death, and y" beast shall be slaine and buried, and net eaten. BUGGERY. 10. If any man lieth with mankind as he lieth w'''a woman, both ef them hath committed abomination; they shall be surely put to death, unless the one pty were forced or be vnder 14 years ef age ; and all ether Sedomitieg,l filthiness shall be sevearly punished according to the nature of it. FALSE WITNESS. 11. And if any pson rise up by false witness, and of purpose to take away a man's life, he shall be put to death. MAN STEALING. 12. If any man stealeth mankind, he shall be put to death or otherwise grieviously punished. CURSING PARENTS. 13. If any child or children above 16 years old, of competent understanding, shall curse or smite their natural father er mother, he or they shall be put to death, unless it can be suf ficiently testified that the parents have been very unchristianly negligent of y" education ef such children, or see provoked them by extreme cruell correction y' they have been forced thereunto to preserve themselves from death or maiming. 1680.] PROVINCE LAWS. 385 A REBELLIOUS SON. 14. If any man have a rebellious or stubborne sen of suffi cient years and vnderstanding, viz. 16 years of age or upwards, weh shall net obey y* voyce of his father or y" voyce of his mother, y' when they have chastened him will not hearken vnto them, then shall his father and mother, being his naturall parents, bring him before the Majestrates assembled in court, and testifie vnto them that theire sen is rebelleous and stub- borne, and wU net obey theire voyce and chastizem' but lives in sundry notorious crimes, such son shall be put to death, or otherwise severely punished. RAPE. 15. If any man shall ravish a maid or woeman by commit ting carnal copulation w"" her, that is above 10 years of age, or if she were vnd' 10 years of age, though her will was gained by him, he shall be punished w"* death, er seme other greivous punishm' as the fact may be circumstanced. , WILFUL BURNING. 16. Whosoever shall wilfully or on purpose burn any house, ship, or barque, or any other vessell of considerable vallue, such psen shall be put to death, or otherwise greviously pun ished, as y' case may be circumstanced. Criminall Laws. 1. It is orderdd by the Assembly and the authority thereof that w' pson soever is te answer any criminal ofence, whether they be in prison or under baile, his case shall be heard and determined at the court y' hath cognizance thereof. ADULTERY. 2. It is Inacted by this Assembly that whosoever shal comitt Adultery w"' a married woe: or one betrothed to another man, both of them shall be sevearly punished by whiping two severall times, not exceeding 40 lashes, viz'., once when y« Court is sitting at weh they were convicted of the fact, and y" 2* time as the court shall order, and likewise shall ware 2 cappitall letters A. D. cut out in cloth and sowed on theire 25 386 PROVINCE PAPERS. [1680. upermest garm'' en theire arms or back, and if at any time they shall be found w"'eut the said letters so weren whilst in this Governm', te be forthw"" taken and publiquely whiped, and se frem time te time as often they are found net to weare them. FORNICATION. 3. It is ordered by this Assembly and the authority thereof that if any man comit Fornication with any single wee: they shall be punished, either by iiijeyning marriage, or fine er cor porali punishm', er all or any ef these, as y' judges ef y" court y* hath cognizance ef y^ case shall appoint, and if any comitt carnall copulation after contract before marriage, they shall be amerced each ef them 50s. and be imprisoned, if tbe court see reason; and if any cannot and will not pay y" fine, then te be punished by whiping. And for y" mere discountenancing this prevailing evill, the Assembly hath further determined y' such as transgress in any ef these wayes, and shall be convicted in publique court, theire fines shall be paid in money. BURGLARY. 4. For as much as many psons of late years have been and are apt te be injurious to the Lives and Goods ef others, not withstanding all Laws and means to prevent the same, it is therefore ordered by this Assembly and y" authority thereof y' if any pson shall comitt Burglary by breaking vp any dwelling house er ware house, or shall forceably robb any pson in y° field er high wayes, such offenders shall for the first offence be branded on the right hand w"' y" letter B; and if he shall offend in the like kind a 2* time he shall be branded on the other and be sevearly whiped, and if either were comitted on y= Lord's day his brand shall be sett en his forehead, and if he shall fall into the like offence the 3'* time he shall be put te death as being incoragable, or otherwise greviously punished, as y court shall determine. FELLONY. 5. And whosoever shall steale or attempt te steale any ship, barque er vessell of burden, or any publique amunition, shall be sevearly punished according te the nature of such a fact, provided it extends not to Life or Limb. 6. That if any strangers or inhabitants of this Province shall 1680.] PROVINCE LAWS. 387 be legally convicted of stealing or purloyning any horses, chattels, money, er ether goods of any kind, he shall be pun ished by restoring 3 fold te the ptie wronged, and a fine or corporali punishm', as the court er 3 ef the Councell shall determine. Provided that such sentance, where net given by y° court, it shall be at the liberty of y° delinquent to appeale to y" next court, putting in due caution there te appeare and abide a Tryall. council's power in criminals. 7. That any one of y' Councill may heare and determine such smaller thefts and pilferings as exceeds not y° daraage or fine of 40s., er penalty ef stocking er whiping net exceeding 10 strypes, er only legall admonition, as he shall see cause, saveing liberty of appeale te the delinquent as afores*. SWEARING. 8. It is ordered by this Assembly and the authority thereof y' if any pson w'^'in this province shall sweare rashly er vainly by the holy name of God, er other oathes, he shall forfeit to the common Treasury fer every such offence 10s., and it shall be in the power of any member ef the Councill by warrant te y' Constable te call such psen before him, and vpon suffissient prefe, to sentence such offenders and to give orders te levy y" fine ; if such psen be net able or shall refuse the said fine, he shall be comitted to the stocks, there to continue for a time net exceeding 3 hours, nor less than 1 houre; and if any pson shall sweare more oathes than one at a time before they remove out of the roome er company where hee soe sweared, he shall then pay 20s.; the like penalty shall be inflicted for profane and wicked cursings of any psen or creature, and fer multiplying the same as it is appoynted fer profaine swearing; and in case any pson so offending by multiplying oathes or curses shall not pay his or theire fine forthwith, they shall be whipped or comitted te prison till they shall pay the same, at the discresion of y° Court or Judges that shall have cegnisence thereof. PROFANING THB LORD'S DAY. 9. Upon information of sundry abuses and misdemeanors com itted by divers persons on y" Lord's Day, It is therefore ordered 388 PROVINCE PAPERS. [1680. and inacted by this Generall Assembly, That w' pson soever w'^in this Governm* shall pfane y" Lord's Day, by doeing un- nessary servell worke er travell, er By sports or recreations, or by being at ordinarys in time of publique worship, such psen or psons shall ferfeite 10s., or be whipt fer every such offence, and if it appeares y' y° sin was proudly or presump tiously, and w"' a high hand, comitted against the known comand and authority ef y" Blessed Ged, such person therein dispising and reproaching y' Lord, shall be sevearly punished, at y" Judgm' of y" Court. CONTEMPT OF GOD'S WORD, OR MINISTERS. 10. It is inacted &c., fer as much asy' open contempt of God's word and y' messengers thereof, is y* desolating sin ef sevell States and Churchs, It is therefore enacted, that if any Chris tian, so called, in this Province, shall speak centempteously of the Holy Scriptures, or of y' holy penmen thereof, such pson or psons shall be punished by fine er corporali punishm', as y« Court shall see reason, so as it extend not te life er limbe, er shall behave himself centempteously toward the Word of God preached, er any minister thereof called and faithfully dispen sing y'' same in any congregation, either by manifest interrupt ing him in his ministeriall dispensations, or falsely or prmterily charging him with teaching error, to y' disparagm' and hinder- ance of y' work of Christ in his hands ; or manifestly or cen tempteously reproach y= wayes, churches er ordinances ef Christ, being duely convicted thereof, he or they, for the first transgression, be amerced 20s. te the province use, er to sett in y' stocks not exceeding 4 hours ; but if he or they go en te transgress in y" same kind, then to be amerced 40s., or to be whiped for every sueh trancegressien. FORCIBLE DETAINING POSSESSION. 11. It is ordered &c., y' where a judgement is given in any Court, for any pson, or house, or lands, upon y" tryal of the title thereof, or ether just cause, if the psen against whome y" Judgm' is given deth either forceably detaine possession thereof, either against the officer impowered to serve an execution thereon er otherwise after execution served, enter upon it again, and soe retain possession by force, he shall be accounted a high offend' against y' Law, and breaker of the publique peace; 1680.] PROVINCE LAWS. 389, therefore, speedily to redress such a criminall offence, every of the CounciU is impowered, and by his place hath power te give warrant and comand to ye Marshall, officer and other men whome he thinks meet to be imployed in the case er business, the Marshall or other officers requiring aid greater or lesser as need require to suppress y" force and give possession to y" owner, and to imprission such as dee appear te be delinquents and their aiders and abetters, te be forth coming at ye next Court, y' did give y' Judgm' in the case, there to make their answer, and whom the Court doth flnd guilty, to sett such fine or ether punishm' upon them, as the merrit of their severall cases deth require. CONSPIRICIB AGAINST THIS PROVINCB, ETC. 12. It is ordered &c., That whosoever shall disturb or under mine the peace of this Province or Inhabitants thereof, by plotting w"" ethers, er by his own tumultuous and offenceive carrage, traducing, quarreling, challinging, er assaulting, or any other way tending te publique disturbance, in w' place soever it be done, or shall defame any Court of Justice, er any of his Majesties Councill, or Judges of any Court in this Prov ince, in respect ef any act or sentence therein passed, every such offender upon due proof made shall be by y" Councill pun ished by fine, imprisonm', binding to y^ peace er good be haviour, according to the quality and measure of the offence or disturbance to them, seeming just and eaquall. And that such as beate, hurt er strike any ether person, shall be lyable te pay unto y' ptie hurt or stricken, together w"* such fine to the Province, as, en consideration of the ptie smiting or being smitt, and w"" w' instrument, danger more or less, time, place, pvecatien, &c., shall be judged just and rea sonable, according te the nature of the offence. FORGERY OF DEEDS. 13. It is ordered, &c., y' if any psen shall forge any deed er cenveiance, testim', bond, bill, release, acquittances, letters of attourney, or any writing, to the injury of another, to prevent equity and justice, he shall pay y* ptie agreived double dam age, and be fined soe much himself, to y" Province's vse, and if he cannot pay it, te be publiquely whiped and be branded with a Roman P in y' forehead. 390 PROVINCE PAPERS. [1680. DEFACING RECORDS. 14. Be it also enacted, y' if any notary, or keeper of publique records er writings, shall wilfully imbazle er make away any such records er writings of concernm' comitted te his keeping and trust, er shall on ppese falsefie er deface them by raceing out, adding te them, er otherwise, such corrupt officer shall loose his office, be disfranceized and burned in the face, accord ing te y'= circumstances ef the case. NONE TO ENDEAVOR TO CORRUPT YE OFFICERS. 15. And if any person shall endeavour te corrupt any officer y' keepeth such publique records or pap» of concernm', to pro cure him te deface, corrupt, alter, imbazle any ef them, he shall be sevearly punished by fine, imprisonm' or corporali punishm', as y^ matter may be circumstanced. LYING. 16. It is inacted by this Assembly, &c.. That w' pson soever, being 16 yeares of age, er upward, shall wittingly or willingly make er publish any lie weh may be tending te y" damage or hurt of any pticular pson, or w*" intent te deceive and abuse the people with false news er reports, shall be fined for every such defalt 10s., and if y'= ptie cannot or will not pay y° fine, then he shall sit in y'= stocks as long as the Court shall think meete ; and if the offenders shall come to any one ef Councill and own his offence, it shall be in the power of any one of y° CounciU afere°* to execute ye law upon him where he liveth, and spare his appearance at y" Court, but in case when y'= lie is greatly prnitious te y" comon weale, it shall be more sevearly punished according to the nature of it. BURNING FENCES. 17. It is inacted by this Assembly, &c.. That if any pson shall willfully, and of sett purpose, burn any man's fence, he shall make good the damage to the ptie wronged, and be amerced 40s. and be bound to the good behavior, if the Court so meete. BREAKING DOWN FENCES. 18. It is further ordered, That if any psen shall wilfully and on purpose brake down an other man's fence, gate or bridge, to y^ anoyance either of a pticular person or a neighborhood, he 1680.] PROVINCE LAWS. 391 shall make up such fence, gate or bridge, at his own charge, pay y« damage thereby sustained, and be amersed according to the nature ef the offence, sauing the right of him y' pulls up a fence sett on his land wi"" out his approbation. DEFACING LANDMARKS. 19. And whosoever shall willfully pluck up, remove or de face any Landmark or bound betweene ptie and ptie, y' hath been or shall be orderly set up by psons thereunto appointed, he or they shall be fined from 20s. to 5 pounds, as the offence may be circumstanced. UNLAWFUL GAMING IN PUBLIQUE HOUSES. 20. Be it inacted by this Assembly, &c., That noe Inn- boulder er publique house keeper shall suffer any unlawfull games, ner any kind ef gaming, in or about his house, fer money er moneys worth liquors, wine, beer or the like, on forfeit of 40s., to be paid by the master er keeper of such house, and 10s. by each gamester for every such default. LOTTERY. 21. Be it further inacted, y' ne psen in this Province shall play at cards, dice, er any such unlawful games wherein there is Lottery, at any private house or elsewhere in the Province, on penalty of 10s. fine, to be paid by evry one y' see playeth, and 20s. by the master or head of a family y' shall know ef and suffer any such gameing where he hath to comand. DRUNKENNESS. 22. For as much as it is observed y' y° sin of drunkenness doth greatly abound, te the dishonor of God, impoverishing ef such as fall into it, and grief ef such as are sober minded, for y' prevention of y° growing and prevailing evill, It is inacted by this Assembly, and y* authority thereof, y' w'soever pson shall be found drunk at anytime in any Taverne, ordinary, alehouse, or elsewhere in this Province, and be legally convicted thereof, he er they shall for y* first defalt be fined 5s. to y" use ef the Province — for the 2d defalt 10s. ; and if he er they will not or can net pay y° fine, then te be sett in y" Stocks net exceeding 2 houres, and for the 3* transgression to be bound te y* good behavior; and if he shall transgress a 4*" time, to pay 5 pounds 392 PROVINCE PAPERS. [1680. or be publickly whipt, and so from time to time as often as they shall be found trancegressers in that kind. By drunkenness is te be understood one y* lisps or falters in his speach by reason ef ever much drink, er y' staggers in his going, or y' vomits by reason ef excessive drinking, or that cannot by rea son thereof fellow his calling. FIREING WOODS. 23. Whereas many have sustained great damage by indis creet and untimely fireing of the weeds. It is ordered, that none shall fire y" woods at anytime but between y' 1'* ef March and y° latter end ef April ; and if any shall unnessesarily fire the woods, or not observe this order, damnific any, he shall make good the damage and be fined 10s., or sett in the Stocks. councill's power in criminals. 24. It is hereby inacted, y' it shall be in y" power of any member of the Councill to hear and determine aU criminaU cases where the fine doth net exceed 40s., er y° punishm' 10 stripes or committing to stocks, always allowing liberty to the delin quent of appeale te y next Court for tryalls ef actions w"'in y' Province ; and farther, in cases doubtful or difficult, it shaU be in y power ef y« Judge before whom y' pson is convicted, to bind them over te the next Court in this Province, te comitt te prison as y' fact may deserve, allowing also for entering Judgm' and fileing evidences 2s. 6d. PRISON keeper's charge. 25. It is ordered by this Assembly and y° authority thereof, y'ne Prison keeper w'Mn this Province shall suffer any pson to goe w'^eut the presinks of the prison, y' is delivered unto them fer debt, by virtue ef any execution, and it is further ordered the houses and yards of the said keepers shall be al lowed & accounted the presinks of the s* prison, and y' it shall be lawful fer any officer w'^in this Province, if he have occation to carry any prisoner te the neerest Prison in the Province, and y' if any Prison keeper shall suffer any such prisoner to goe w'l'out the presinks ef y" s* prison, they shall be liable to satisfie the whole debt for w* y" s* Prisoner was imprisoned, and the s* keeper's fees shall be 5s. fer turning the key, to be paid by the person imprisoned, before he be set at liberty. 1680.] PROVINCE LAWS. . 393 MARSHALLS. 26. It is ordered by this Assembly and the authority thereof, y' it shall be lawful fer either ef the marshalls in this Province to levy executions, attachm' and warrants in any p' of y° s* Province, and y' feese fer serving attachm' w'Mn theire owne townes shaU be 2s. fer evry attachm", to be paid by them y' imploy them before they shall be compelled te sei've it, and 2 fer a warr': for warr" served upon criminall offenders. JUDGM^ AND EXECUTION TO STAND GOOD Y'^ WERE BEFORE Y" LATE CHANGE. 27. It is ordered by this Generall Assembly and the authority thereof, y' all Judm'° and Executions granted en any civili or criminall cases by former Courts ef Justice w'Mn this Prov ince, or y" Ceunty Court of Norfolk to any of our Inhabitants within this Province, shall be held as good and vallued fer and against any psen as when they were granted by the Court at the time of tryall. General Lawes. TOWNSHIPS, &0., CONFIRMED. 1. To prevent contention that may arise amongst vs by rea son of the late change of Governm*, it is ordered by this Assem bly and the authority thereof y' all land, Townships, Town grants, w"' all other grants lying w'Hn the limitts ef this Prov ince, and all ether rights and prop'ties, shall stand geed, and are hereby confirmed to y" townes and psons concerned, in the same state and condition as they did before this late alteration. 33 Ed : 1. CONTROVERSIES OP LAND TO BB TRIED BY A JURY. 2. And it is further ordered, y' if any difference or controver sy shall hereafter arise amongst us about the titles ef land w'''in this Province, it shall not be finally determined but by a Jury of 12 able men, chosen by the freemen ef each towne accord ing to law and custome, and sworne at y° Quarter Court weh shall take cognisance of the case. 394 . PROVINCE PAPERS. [1680. CONTRACTS TO BE PAID IN SPECIA. 3. For preventing deceite in trade, y' all men may be en a certainty in matters of contracts and bargains. It is ordered by this Generall Assembly and the authority thereof, that aU contracts, agreem" er covenants for any specia whatsoever shall be paid in the same specia bargained for, any law, vseage or custome to the contrary notwithstanding. HORSES. 4. It is ordered by this Assembly and y° authority thereof, that y"^ brand markes mentioned in the Law, title horses, to brand horses wth, shall be as foUoweth : for the towne ef Ports mouth P, fer y^ towne of Hampton H, for y^ towne ef Dover D, and for the towne ef Exeter E. For the preventing of damage being dene by horses w'Mn this Province, by reason of y" goeing upon eur lands and pas tures w'''out some fettering, it is ordered by this Assembly and y" authority thereof y' ne horse or horse kind shall be suffered te goe vpon any of eur lands and pastures w"'eut fence w"'in this Province, from y' 1"' day ef May vnte y^ 1'* ef 8ber, with out a suificient p' ef iron fetters en his feete, er a cleg equive- lent, vpon y" penalty of evry owner of any such horse or horse kind y' shall be taken doeing damage, er w'Hn any man's cerne field, meadowes or inclosures, paying 5s. in m°, besides all damage to y' ptie y' impounded them; and if they be found doing damage w'''eut y" towne brande to weh they belong, y" owners ef them shall pay 20s. in mony; and it is likewise ordered y' evry tewne w"'in this Province shall have a distinct brand marke, weh they shall brand theire horses w"* all y' gee in y* comons from time to time. It is further ordered that no horse or horses shall be suffered to gee vpon any of eur lands and pastures w^^out fense w'''in this Province y' is known te be vnruly, w"'eut the approbation of y" selectmen, or y° major p' of them of y° severall townes, vnder y*" penalty of evry owner of such horse paying 10s. in money te y° ptie y' see find them contrary to this order, or loose his y' 'd horse soe taken. 1680.] PROVINCE LAWS. 395 TIME AND PLACE FOR KEEPING COURTS. 5. For the better administration of justice. It is ordered by this Assembly and the authority thereof, y' these courts follow ing shall be annually kept w'''in this Province : A Generall Assembly, to meete at Portsm" y 1=' Tuesday in March, te make and constitute sueh Lawes and ordinances as may best conduce te y° good governm' ef this his Majesties Province, as allso w"" tho Presid' and Coun", to heare and determine all actions of appeale from Inferior Court, whither ef civili or criminall nature. Alsoe, there shall be 3 other courts held at time and place hereafter mentioned by y' Presid' and Coune", er any 6 ef y" Ceunc", whereof y' Presid' or his Deputy be one, together w"" a Jury ef 12 honest men, chosen and called as y* law directs, fer such as desire te be tried by a Jury ; evry of weh Courts shall have full power to heare and determine all cases, civili and criminall, allowing one liberty of appeale frem such sentance er judgm' as shall be passed in s* Court er Courts, te y" Presid' and Ceunc", together with the Generall Assembly as above s*, provided such appellant give bond to prosecute according te law. The time and place fer holding such shall be as followeth : At Dover y' first Tuesday in June; at Hampton y" first Tuesday in 7ber. ; at Portsm" tbe first Tuesday in lOber. ALL TRYALLS BY JURY. 6. It is further enacted y* all tryalls, whether capitall, crim inal, or between man and man, both respecting meritine affairs as well as ethers, be tryed by a Jury ef 12 good and lawfull men, according to the good & commendable custome ef .Eng land, except the ptie er pties concerned doe refer it to the bench, or seme express law deth refer it to their judgm' and tryall, or the tryaU ef seme ether court where jury is not, in Mv"^ case any ptie agreived may appeale, and shall have tryall by a jury ; and it shall be in y" liberty of both plan* and defend', or any delinquent y' is to be tryed by a jury, to challenge any of y' jury, and if y" challenge be found just and reasonable by y^ bench, it shall be allowed him, and others w"'out just excep tion shall be impanelled in theire roome ; and if it be in case 396 province papers. [1680. of life and death the prisoner shall have libertye to except against 6 or 8 ef y= jury w"'eut giving any reason for his ex ceptions. CONSTABLES TO CLEAR THEIR RATE IN THE YEAR. 7. For the better clearing ef y" arrears in the hands ef the constables. It is ordered y' if any Constable shall faile to clear vp his rates w'Hn his yeare, he shall be lyable te have his estate dis trained by warr' from y* Treas', directed to y° Marshall or Marshalls w"'in this Province; and for all rates for y ministry and other tewne rates, y" selectmen shall direct their warr*» to ye Constables next chosen, to distraine upon the estates of such Constables as shall faile ef their duties therein. FREEMEN. 8. It is ordered by this Assembly and the authority thereof, y' all Englishmen, being Protestants, y* are settled Inhabitants and freeholders in any towne of this Province, of y' age ef 24 years, net viceous in life but ef honest and good conversation, and such as have 201. Rateable estate w"'out heads of persons having also taken the oath of allegiance te his Maj°, and ne ethers shaU be admitted te y" Uberty ef being freemen of this Province, and te give theire votes fer the choice of Deputies fer the Generall Assembly, Constables, Selectmen, Jurors and other officers and concernes in y" townes where they dwell; provided this order give no Uberty to any pson or psons to vote in the dispessien er distribution of any lands, timber or other properties in y= Towne, but such as have reaU right thereto ; and if any difference arise about s* right of voting, it shall be judged and determined by y= Presid' and CeuncUl w"* the Gen" Assembly ef this Province. MARRIAGE. 9. As the ordinance of Marriage is Hen'able amongst aU, se should it be accordingly solemnized. It is therefore ordered by this Assembly and the authority thereof, that any member ef ye CeuncUl shaU have Uberty to jeyne any persons together in marriage; and for prevention ef unlawfull marriages it is ordered y' no pson shall be joyned in marriage before the intention of the pties pceeding therein have been 3 times pub- 1680.] PROVINCB LAWS. 397 lished, at some publique meeting in y" townes, where y= pties, or either ef them dee ordinarily reside, or be sett up in writing upon seme post of theire meeting house door, in publique view, there to stand see as it may be easily read, by y^ space ef 14 dayes. MAKING RATES. 10. That thear may be a just and eaquall way ef raising means fer defraying y" publique charge, boath in church and civili affairs, whereof every pson doth er may receive y° benefit, their persons and estates shall be asseassed er rated as fol loweth, viz' : to a single rate ef a penny in y" pound, every male person above the age of 16 yeares, is vallued at 18Z., and all land within fense, meddow or marsh, mowable, shall be at 5s. '^ acre; all pasture lands without fence, rate free; all oxen 4 yeares old and upward, 3Z. ; steers, cows and heiffers of 3 yeare eld, at 40s. ; steers and heiffers, ef 2 yeares eld, at 25s.; yearlings at lOs.; horses and mares of 3 yeares old and up ward, at 20s. ; sheepe above 1 yeare old, at 5s. ; swine above one yeare old at 10s; and all ether estates whatsoever, in y' hands ef whome it is at y* time when it shall be taken, shall be rated by some equall proportion, by y' selectmen of each towne, w"' grate care y' pticulars be not wronged ; and all ships, ketches, barques, boates, and all other vessells w°''soever, shall be rateable, as allso all dwelling houses, ware houses, wharffs, mills, and all handycrafts men, as carpenters, masons, joiners, shoemakers, taylors, tanners, curriers, butchers, bak ers, or any ether artificers, victuallers, merch'' and inn keep ers shall be rated by estymation. If any persons be greved at their being ever-rated, they shall have liberty te complaine to y° next quar' Court, who shall give them all just releife. SELECTMEN TAKE ACCOUNTS. 11. For y" more eaquall and impshall valluing of houses and ships and other estates of m'cht', traders, handycraft, weh must necessarily be rated by estymatyen-^ • Bee it enacted by this Assembly and the authority thereof, y' y" selectmen of y' severall townes shall forthw"" take an ac co' of all such estates, w"" y° vallue thereof according to theire ordinary way of rating; a list of w* estates, so taken and vallued, shall be trancmitted to a committee of 4 men chosen 398 PROVINCE PAPERS. [1680. by this Assembly out of Dover, Portsm", Hampton and Exeter, together w"" 2 of y' Coun", weh comittee shall examine and compare s* list and bring s* estates to an equall valluation, having respect te the places where they lie, y' no tewne er pson be burthened beyond preportien ; weh act of said com mittee in the valluation of s* estates shall stand as a rule, according te which rates and asseasm" shall be made fer y'' future; y" psons chosen for this^Cemittee are Eich* Walderne, Esq', EUas Stileman, Esq', Mr. Re: Elliott, Mr. Anthony Nutter, Mr. Ralph HaU, Mr. Edward Gove, and y" time of meeting y' 2* Tuesday in ApriU in Portsm". A LIST OF MALES AND ESTATES TO BE TAKEN. 12. It is ordered by this Generall Assembly y' warr" be forthwith ishued out to y" Selectmen of y° severall townes w'Mn this Province, y' they doe ferthw"^ take a Ust ef all y" male psons ef 16 yeares old and vpwardin theire respective townes, w'" y" valluation of all their estates, according te such rules as are past this court; and all psons y' are so rated are to be rated by estymatyon and make returns thereof te y" cemmitee appointed fer y' affaire, at or before the 2* Tuesday in Aprill next. BOUNTY FOR KILLING WOOLF. 13. It is ordered by this Assembly y' evry pson w'Mn this Province y' shall, after y" date hereof, kill any woelfe w'^^in this Province, they shall forthw"' carry the head of every such weulfe unto y= constable of y" same tewne, who shall bury or deface the same by cutting the eares off, and y^ s* constable shall give y" s* ptie a sirtifficate, attested under his hand, ef y" day and y= rec' thereof; and y' s* ptie procuring such a sur- tificate shall be allowed by y^ Treasurer ef y= Province for every weulfe see killed 40s. out of y" next rate made for the Province; but if the ptie be an Indian that killed y weulfe he shall be allowed but 10s., and the s* Indian shall make proof that he killed y^ s* weulfe w'Mn this s* Province. FORMER LAWS TO STAND. 14. For a presant settlem' of matters in civiU and criminall proceedings, and directions to' Courts, Judges and all other officers, it is ordered that those Lawes weh we have fform'ly been directed and governed by, shall be a rule to vs in all Judi- 1680.] PROVINCE LAWS. 399 ciall proceedings, soe far as they will sute eur constitution and be not repugnante to y'= Laws of England, vntill such acts and ordinances as have beene or shall be made by this assem bly and approved by y° Hen* Presd' and Council, may be drawne up and legally published. The like lawes shall be a rule to all the selectmen in each tewne for y" managm' ef all theire prudenciall affaires, according to the lawdable customs hitherto vsed. PROVINCE RATE. 15. For defraying ef y" publique charge of the Province, It is ordered by this Assembly and y' authority thereof, y' a rate be made ef l^d. in y" pound, upon all psons and estates (y" Presd' and Council, ministers and elders ef churches excepted), in this Province, according te y" valuation made by this As sembly, and y' y° Selectmen in y" severall Towns dee forthw"" pferme the duty of theire places, in y° making such rates and cemitting them te the respective constables, te be imediately collected, and the same te be transmitted te the Treas' of the Province. This rate is to be paid in the speatiaes at y^ prices following, viz' : M'ble boards at any mills in Piscataqua Riv' at y" vsiall place of delivery, at 30s. p. M. M'ble w' oak pipestaves, at some convenient landing place, where y" constable shall apoint, at 3Z. p. M. E: o: p:* Staves p supra, at 30s. p. M. R: e: hhd: ditto p supra, at 25s. p. M. Indian Corne at 2Js. p. bush. Wheate at 5s. p. bush. Malt at 4s. Fish at price curr'. And whosoever shall pay theire rates in shall be abated i p'. [There is a marginal note en the section above, as follows: " Not to be transcribed as a law."] CONSTABLES TO CLEAR THEIR RATES WITHIN THB YEAR. 16. It is inacted by this Assembly and the authority thereof. That whereas y° Constables of the severall Townes are injoyned to cleare their rates, on penalty ef making good y" same out of theire owne Estates — *Eed oak pipe. 400 PROVINCE PAPERS. [1680. PENALTY FOR REFUSING TO PAY. 17. It is therefore ordered y' if any psen or psons w'''in this Province, rateable, shall refuse to pay his rate or rates, or discover any estate to the Constable, y* the Constable shall have power to seize his person and carry him te the next prison, there te remaine till he pay his s* rates, or give good security see to doe. MARSHALLS TO LEVY FINES. 18. It is farther ordered, y' every marshall in y" Province shaU diligently and faithfully coUect and levey all such fines and sums of money, of every person for w"'' he shall have warr' er execution signed by the Treasurer, er other authority con stituted by his Majesty in y= Province, and s* sums see leyed he shall w"" all convenient speed deliver te y= s* Treasurer or ptie, er attorney y' obtained y' Judgm' or execution, and y' s* marshall shall make returnes ef all such warr" er executions w"* w' hee hath dene by vertue thereof, vnder his hand, at the next Quar' Court, or Sessions in y' Province, after y" receipt thereof vnto y Treasurer, Sec'y or Clark y' granted y' same; to be by him kept, and if y" execution er warr' be net fully satis fied the s* Sec*y, Clark, or treasurer may grant execution for y' remainder. marshal's fees. 19. And it is hereby ordered y' y" MarshaU's fees shall be as followeth : For all executions and warr' levyed by them vnder five pound, five shillings ; fer all executions not exceeding tenn pounds, twelve pence in y" pound ; for all executions above tenn pounds and not exceeding forty pound, 10s. for y' lOZ., and six pence in y" pound for evry pound more ; and for all executions above 40Z. and net exceeding 100?. in the above s* fees fer y° 40Z., and Bd. iu y' pound fer evry pound above forty, and one penny in y° pound fer every pound above 100?., out of the estate of y' psen the execution is served upon, over and above, besides y' execution, and in all cases where y' above s* fees fer levying executions or fines will not answer the Marshall's travell, & other necessary charge, he shall have power te demand 6d. p. mile, and vpon refusall or nonpayment to levy the same, togeather w*"" his other fees. 1680.] PROVINCE LAWS. 401 MARSHALLS MAY CALL FOR ASSISTANCE. 20. And whereas the s* Marshalls have oftentimes need of Assistance in the execution of y° office, it is therefore ordered y' y" Marshall er Constables w'Mn y' Province shall and have liberty to charge any pson to assist them in y" execution of y' office, if they see need ; and whosoever shall neglect or refuse to assist them when thereunto required, the ptie see refusing, complaint being made vnto anj^ member er members of y* CounciU er Court, he shall pay such a fine in money, vnto y" Treasurer of the Province, as Judge er Court y' hath cognisance thereof shall determine, according to the nature of the offence. WHERE MARSHALS SHALL MAKE DEMANDS. 21. And in all cases ef fines and assesm" to be levyed, and upon execution in civil actions, the Marshall or Constable shall make a demand at y° place of the pties vsiall abode, if it be knowne, and of tho ptie if he be there te be found; if not, the marshall er Constable so employed shall leave at y* s* house his demand of y° same, and lyable te be paid by virtue ef s* execution, rate or warr', fer fine attested under his hand ; and upon refusal or nonpaym' accordingly, the officer er Marshall shall have power, calling assistance, if they see cause te break open the doer ef any house, chest er place, where he shall have notice y' any goods lyable to such levyes or execu tion shall be ; and if he be te take y"" psen, he may de y' like, if vpon demand he shall refuse to surrender himself. And wtsoever charge the officer shall nessessarily be put vnte vpon any such occasion, he shall have power te levy the same as he deth debt, rate, fine or execution. And where the officer shall levy any such goods vpon execution, y' cannot be conveyed to y" place where y° ptie dwells, for whome such execution shall be levyed (if they be te be there delivered), w"'out considerable charge, he shall levy y' s* charge also w"" y" execution, and in no case shall any officer be put to seek out any man or estates, farther y» his place ef abode ; but if y* ptie wiU not dis cover his estate, the officer may take his pson, and if any officer shall dee injury to any by ceuUer of this office, in this or 26 402 PROVINCE PAPERS. [1680. any other case, he shall be lyable vpon complaint of the ptie wronged, by action er information, to make full resstitutien, and no marshall or constable shall in any case make a deputy. FINES TO BE PAID FORTHWITH. 22. It is farther ordered y' w^"" any Delinquents are fined to y' Province, they shall forthw"" pay their fines in money, or yt weh is equivalent, er give good security to the Treasurer fer the same, er y" pson shall be secured till they do it. NEAR RELATIONS NOT TO VOTE. 23. Per preventing all occation of ptiaUity in Courts of Jus tice, and avoiding of jelleusies. It is ordered y' in all civili cases betweene ptie and ptie, where the judges or jurors are neerly related to either ptie, as y^ relation ef ffather and sen, either by nature or marriage, brother and broth", vnkle and nephew, landlord and tennant, y' judge or juror soe related shall net vote or give sentence in any case wherein his rela tions are y" pties concerned. NO IMPRISONMENT BEFORE SENTENCE. 24. Be it farther enacted y' no man's pson shall be restrained or imprisoned by any authority w'soever before the law hath sentenced him therevnte, if he can and will put in suffisient security, bail or maine price, for his appearance and geed behavior in y* mean time, vnless it be in crimes captall, er contempt in open Court, but in such cases where some express act ef court doth allow it. LEGAL NOTICE IN CASE OF ATTACHMENT. 25. And it is farther ordered, y' in all attachm" of goods and chattells. Land or Heredittem" by ye officer, notice shall be given te the ptie against whom the suite is cemenced, either by reading y" attachm' te him, er leaving a sumons or a copia of y" attachm', vnder y" hand ef y° officer, at his house or place ef vsiall abode, or else y" case shall not proceed ; but if y* ptie be out of y" Province and net like to return before y' court, y' case shall proceed to triall, but judm' shall not be entered, untill a month after, and execution shall not be granted vntil y^ plaintife have given suffissient security te respond, if y« defendant shaU reverse y" judgment w'^n the space of one year. 1680.] PROVINCE LAWS. 403 Y'^ FREEMEN OF EACH TOWNE TO CHUSE THEIR OFFICERS AND MAKE ORDERS FOR THEIR TOWNES. — PENALTY FOR OFFENCES. 26. Whereas pticular Townes have many things w"'' concerne only themselves and y" ordering ef y' owne affairs of disposing of business in their owne Tewne, It is therefore ordered y' y° freemen of every towne shall have power to chuse y' owne pticular officers, as Consta: Grand Juror, and Jury ef Tryalls, Surveyors fer y" highways, and like, annually, or otherwais as need requires, and te make such laws and constitutions as may concerne y° well fare of y towne ; provided they be not of a criminall but of a prudenciall nature, and y' the penalty exceed not 20s. for one offence, and that they be net repugnante te y° pubUque laws and orders ef this Province ; and if any Inhab itant shall neglect or refuse te observe them, they shall have power to levy the appointed penalty by distress; and if any man shall behave himself offencively at any town meeting, y° rest y' present shall have power to sentence him for such offense, see as y' penalty exceed not 20s. PRUDENTIAL OFFICERS. 27. And y* freemen of every towne shall have power to chuse yearly, er for a less time, a convenient number ef fitt men to order y" prudenciall affairs of y® Towne, provided nothing be dene by them contrary te y' Lawes and orders of this Province, and y' y" number doe net exceed 7 fer one town ; and y' selectmen in evry town shall take care frem time to time te order and dispose all single psons and inmates ¦vfU'in y' townes to service or otherwise ; and if any pson be greived at any such order or disposall, they have liberty to appeale to the next court of this Province, y' by law hath prep, cognicence thereof. NONE TO CAST BALLAST INTO THE RIVER. 28. It is ordered y' ne ship er other vessell shall cast out any ballast in y° channel, or other place inconvenient, in any Harbor er Eiver w'*in this Province, upon y= penalty of tenn pounds. AGE TO MAKE A VALID ACT. 29. It is ordered by the Generall Assembly, &c.. That no pson in this Province shall have power to pass away lands. 404 PROVINCE PAPERS. • [1680. Herridittam", or any other estates, er make any legall or vallued act, or be capable ef suing or being sued in any ef our Courts, in his er her own pson, vntill they attaine vnte y age ef 21 years; but any orphan may cheese y' Gardean, te act for them at y" age of 14 years, to secure er Defend y' estates Dar ing y" minority ; also y' all parents and masters shall have power in all civili cases te prosecute and Defend y" Eights ef y' children er servants during the tirae ef their nonage, and in all criminal cases every person, younger as well as elder, shall be Lyable to answer in y' owne person for any misdemeanures charged upon them, and may also Inform against any other person to any Court, member ef y'' Coun", or Gaud Jury man w"'in this Province. ANY MEMBER OF Y^ COUNCIL OR CLARK TO GRANT ATTACAM™ , AND HOW ATTACHMENTS ARE TO BB SERVED. 30. And it is further ordered, y' it shall be in y" Power ef any member of y^ Coun" or any Clarke of y^ writs allowed of by any of eur gen. Courts, to grant sumons and attachm" in all civil proceedings. It is also ordered, y' all sumons er attachm" shall be served 6 days inclusively before y" court where y" case is te be tryed, and y^ cause or ground of y" action shall in y" said process be briefly Declared, and w' capassity y" Plaintiffe seweth, whither in his ewne name, or as Attorney, assigne, gardian, execut'. Ad rain'. Agent, er such like : or in Defect thereof, if exception be taken before y' pties Joyne Ishew, it shall be accoumpted a Legall barr, and y* Plaintiff shall be lyable to pay Cost, but ne circumstantiall error in a sumons or attachm' where y" ptie and case intended may be Eatienaly understood, shall be taken as a sufficient ground for a nonsuit. PLANT. OR DEFEND'^ NOT APEARING, TO BE NONSUITED. 31. And if either plaintif or Defendant doe make default ef appearing, having been 3 times distinctly called by y= Marshall, or other officer appointed by y' court to call, the plaintiff shall be nonsuited and Lyable te pay the Defendant Cost. Y= DEFEND'' NOT APEARING, Y= SURETY OR GOODS ATTACHED TO STAND. 32. It is enacted by y" General Assembly and authority y'of, y' if y' Defendant faile of his appearance, if it apears by y' 1680.] PROVINCE LAWS. 405 process y' goods were attached or surety er sureties bound for his apearance after y" surety hathe been 3 times caUed, y" action shall proceed to tryall, and if y* Judgm' be granted to y° plain tif, execution shall Ishew forthe against y'' Defendant, and y surety or goods attached shall stand good for 1 m""" after Judgmt., but if the execution be net extended w'Mn one m""' after judgment, y" goods attached er suretys bound shall be Eeleased. NO OFFICER TO BAILS ANY W™OUT GOOD SURETY. 33. And y* no psen may Loose or be Defrauded ef his Just debt, it is ordered y* ne Marshall, Constable or other officer shall baile any psen y' he hath attached, w"^out sufficient sure ty; viz', one er raere y' is a settled inhabitant w'Mn this prov ince, and y' hathe a visible Estate te be Responsible, according to y'' bend Eequired. JUDGMENT TO BB ACKNOWLEDGED BEFORE 2 OF Y= COUN^% &C. 34. It is further enacted, y' any psen y' is attached to our gen. Court, and desirous to prevent farther charge, shall have Liberty, upon notice given to y" plaintiff er his attorney, te appear before 2 ef y" members ef y" Coun" and y" Clark er Eecorder of any gen. Court w"'in this province, and acknowl edge a Judgraent, w"*" shall stand geed and valid in Law, provided y' y° goods attached er surety bound shall net be Released till a month after y" acknowledgm' ef such Judgm', unless y" Cr' give under his hand y' he is satisfied, and y' such psons as Live out of y" province, the acknowledgm' of a Judgra' shall not free ym. unless they shall produce a sufficient surety y' is a settled inhabitant w'Mn y" Limitts of this prov ince, to Ingage with him or them in ye acknowledgmt of y° Judgrat, and y" Execution to stand geed against y" surety fer a full month after. PERSONS NOTIFIED NOT APEARING, Y^ PENALTY. 35. Be it farther enacted, that if any psen sumoned te answer any presentrat, or fer any fact or misdemeanor, do not appear at y" time appointed, he or they shall be proceeded against for contempt, except it appears they have been prevented by the hand of God. 406 PROVINCE PAPERS. [1680. PLAINT. MAY W'^^DRAW HIS ACTION. 36. It is also enacted, y' it shall be at y'' Liberty of the Plaintiff te w'Mraw his action at any time before y" Judge or Jury have given in y' verdict in y' case, in w"*" case he shall pay full Cost te y' Defendant. NONE TO PRETEND GREAT DAMAGE TO VEX HIS ADVERSARY. 37. And y' no pson, in his suit or plaint against another, shall falsely pretend great daraage or debts, to vex or discredit his adversary, and if it appears to y^ Court y' any plaintife hath wittingly wronged y'' Defendant in vexatious suits er complaints, he shall pay y" Defendant double cost, and be fined te y° province 40s. er more, according te the demerrit ef his fact. ACTIONS MAY BE REVIEWED. 38. It is further enacted, y* it shall be in y" Uberty of any pson to review any suit or action wherein he hath been plain tife or Defendant in any Court w*Mn this province, but if any ptie be twice Cast upon a Review, and shall stiU persist in a Course of Law, if he be Cast a 3* time his Case shall be Judged vexatious, and shall pay double Cost and sueh fine as y" Court shall award, net exceeding five pounds. INNKEEPERS TO SELL NO STRONG DRINKS TO CHILDREN OR SERVANTS. 39. Be it also enacted, y* no ordinary or Innkeeper suffer any Servants, or Children vnder family governm', te buy (or to set drinking of) any Liquor, wine er ether drink, in their houses or where they have to dee, er te spend their time there, wthout y' Leave ef y' parents er Masters, unless it be in Case of necessity, on pain of 10s. forfeiture fer every offence, i to y= inf( rmer and y" ether te y" poore ef y" towne. A PERSON BEING 3 M°» IN TOWN SHALL BB AN INHABITANT, EXCEPT. 40. Likewise it is further orderrd, y^ if any pson come into any town w^^^in this province, and be there reced & enter tained 3 m°"", if such person fall sick or Lame, he shall be reUeved by y' towne where he was se long entertained, but if y"^ Constable ef y* Towne, or any of y'' selectmen, have given warning to such psons w^in y" space of 3 mot^s yt ye towne 1680.] PROVINCE LAWS. 407 will net admit ef him, if such pson shaU stand in need of EeUefe y^ tewne shall supply his necessity, until y Pres' and Coun" can dispose ef him, as te y™ shall seem most just and Equall. PERSONS SENT FROM OTHER TOWNS, Y= TOWNS THEY ARE SENT FROM TO PAY THE CHARGE. 41. It is also ordered, y* if any Children or elder pson shall be sent er come from one tewne te another, to school, or to nurse, er otherwise to be educated, er te a phisition er Chi- rurgion, te be cured er healed, if sueh shall stand in need ef Relief they shall be Relieved at the charge ef y" tewne from whence they came er dee belong, and not by y* towne te w"'' they are sent ; and in case they be sent frem any towne w^i^out y* Province, the taker, nurse, phisition er Chirurgien te whome they are sent, shall take geed security te save y" town and Province chargless, or shall be Eesponcable themselves, for such as need Releife. PRESIDENT OR DEPUTY TO HAVE CASTING VOTE. 42. It is further ordered, y' y"" Presid*, er in his absence his Deputy, shall have a Casting vote, whensoever there shall be an Equivete, either in y' General Assembly, gen' Courts, or Counc". NONE TO BRING IN OR ENTERTAIN STRANGERS W™OUT LEAVE. 43. Be it also enacted y* no pson, m'" of any vessell, or other, do bring into any ef eur townes w^'in this Province, any pson or psons, w^^ieut y" approbation ef y* Pres' er 3 ef y" Coun", or y° selectmen of each Tewne, ner y' any Inhab itant w'Mn this Province, dee entertaine in his family any pson yt is not soe aUowed, for mere than one weeke, wtiieut giving notice thereof te 1 ef y" members ef y" Coun" er to y' Select men ef y° towne to w* they belong, en penalty of forfeiting 51 to y" towne, and be lyable te be sued and give bond to free y= tewne fro Damage. Provided this ord' shall not hinder any man from taking ef an apprentice or Cev'ent servant, for a year er years, y' is at present sound and well ; and if such servant shall fall sick or Lame he shall be maintained by his Master during y' Date of his Indentures er Covenant, and af terwards by y' towne, in case ef necessity. 408 PROVINCE PAPERS. [1680. CONSTABLES TO WARN FREEMEN'S MEETINGS TO CHOOSE DEPUTIES. 44. It is enacted by this assembly and the authority thereof, yt y= severall constables in each towne of y" province dee warne and call together the free men ef theire Respective townes, en y" first Monday in february, annually, and frem among them selves te make their election ef DejDuties fer y" Gen" Assembly, who are to meet at Perts°'° en y" first Tuesday ef March, by 10 ef y" Clock in y* ferenoone, and y° number ef Deputies fer each tewne te be as followeth, viz': 3 for y" towne ef Portsm", 3 for y' towne of Dover, 3 for y^ tewne of Hampton, and 2 fer y' towne ef Exeter, whose names, after their election and accept ance, y" severall Censa' shall make Return of to y" Assembly, as above vnder their hands; and if any Constable neglect his Duty in caUing the free men together, or making Returns of y° names of y" Deputies chosen as above, he shall pay y" sum of 5? te y' Treasurer, for y° use of y' Province, for every such neglect; and if any Deputy, after his Election and acceptance, shall neglect his attendance at y" time and place of meeting, or absent himself from y" said Assembly w'l'eut Leave, he shaU pay a fine of 20s. te the Province, fer Every Dayes ab sence, and so proportionably for every pr. of a day, vnless seme Enevatable providence or such other occation Hinder, as shall be judged by y" Maj' p' ef s* Assembly a sufficient excuse for s* absence. PAY FOR ENTRY OF ACTIONS. 45. And it is ordered, that fer y" entry ef all actions ef ap peale from y' q"' Courts, shaU be paid 20s. in money.* * " A body of Laws was enacted in the course of the first year, but, when sent to England for the royal approbation, were disallowed." Holmes' An., vol. 1, p. 395. 1680.] ADDRESS TO THE KING. 409 Address to the King. Address of the General Court of New-Hampshire to the King. [Farm. Belk., App., p. 455.] To his most excellent Majesty, Charles the 2d, by the grace ef God, of England, Scotland, France and Ireland, King, De fender of the faith, &c. : The humble address and petition ef the President and Coun cil ef his Majesty's province ef New-Hampshire, in New-Eng land, humbly sheweth — That, it having pleased your most excellent Majesty to sep arate us, the inhabitants ef this province, from that shadow ef your Majesty's authority and government under which we had long found protection, especially in the late war with the bar barous natives, who (this divine protection) proved a heavy scourge te us, and had certainly been the ruin ef these peor, weak plantations (being few in number, and otherwise under great disadvantages), if our brethren and neighbors had not, out of pity and compassion, stretched forth their helping hand, and with their bleed and treasure defended us, our lives and estates; nevertheless, upon the receipt ef your Majesty's pleasure, delivered by Edward Eandolph, Esquire, upon the first of January last, directing unto and commanding the erecting of a new governraent in and over these four towns (the government of Massachusetts yielding readier obedience to your Majesty's commands with reference to eur relations formerly to them), although deeply sensible ef the disadvan tages likely to accrue to your Majesty's provinces and our selves, more especially by the multiplying of small and weak governments, unfit either for offence er defence (the union ef these neighbor colonies having been more than a Uttle instru mental in our preservation) : we have taken the oaths pre scribed us by your Majesty, and administered to your subjects of these four towns the oath ef allegiance, and convened a general assembly, fer regulating the coraraon affairs of the people, and making of such laws as may be ef more peculiar use to ourselves, having special regard to the acts for trade and navigation, set forth in the book ef rates commonly 410 PROVINCE PAPERS. [1676. printed and sold, and, if sorae obstruction occasioned by such as make greater pretences of your Majesty's favor and au thority had not hindered, we raight have brought raatters to a greater maturity; yet hope te perfect something by the first opportunity ef shipping from hence, but feared it might be too long te defer our hurable acknowledgment ef your Majesty's grace and favor, in comraitting the power into such hands as it pleased your Majesty to nominate, not imposing strangers upon us; and it rauch ceraforts us against any pretended claimers te our soil, or any malevolent spirits, which may mis represent us (as they have dene others) unto your Majesty or hetierable council, while, beside the known laws of the realm and the undoubted right of English men, we have the favor ef a gracious prince te fly to. We de therefore most humbly beg the continuance of your Majesty's royal favor and protection, without which we are daily liable te disturbance if not ruin. And, as in duty bound, shall humbly pray, &c. March 29, 1680. Letter to the Governor and Council of Massachusetts. [Adams' Ann. Ports., pp. 65-67.] Portsmouth, in y" province of New-Hampshire, May 25, 1680. Much Honored — The late turne ef Providence made amongst us by the all ordering Being, hath given occasion for this present applica tion, wherein we crave leave, as we are in duty bound. 1. ThankfuUy te acknowledge your great care for us while we dwelt under your shadow, owning ourselves deeply obliged that you were pleased upon eur earnest request & supplication te take us under your governraent & ruled us well whilst we se remayned, so that wo cannot give the least countenance te those reflections that have been cast upon you as if you had dealt injuriously with us. 2. That no dissatisfaction with your government, ^ut merely eur submission te Divine Providence te his Majesties Com mands, to whom we owe allegiance without any seeking of our owne, or desires of change, was the only cause of our 1680.] ADDRESS OF THE GENERAL COURT. 411 complying with that present separation frem you that we are new under, but sheuld have heartily rejoiced if it had seemed geed to the Lord & his Majesty te have settled us in the same capacity as formerly. 3. And withal we hold ourselves bound te signify that it is our most unfeigned desire that sueh a mutual correspondence may be settled betwixt us as may tend te the glory of Ged, the honor ef his Majesty, whose subjects we all are, & the pro moting the Common interest & defence against the coraraon enemy, that thereby eur hands be strengthened being of ouselves weake & few in Number, & that if there be opportu nity te be anywise serviceable unto you, wee may shew how ready we are thankfully to embrace the sarae. Thus wishing the presence of God to be with you in all your administrations & craving the benefit ef your prayers and endeavours for a blessing upon the beads & hearts of us who are seperated frem eur brethren. We subscribe John Cutt, President. With the Consent ef the Council & general Assembly. Superscribed, " To the Honored Governer & Council ef the Massachusetts Colony. To be communicated to the General Court. Humbly presentIn Boston." This foregoing letter of the President, Council & General Assembly ef New Hampshire se directed te the Massachusetts, was read in General Court May 22d 1680 & ordered te be re corded & kept on file as attests. Edw. Eawson, Secy. Second Address of the General Court of New-Hampshire to the King. [Farm. Belk., App., p. 456.] To the King's most excellent Majesty : We, the President and Council ef your Province of New- Hampshire, having (according to the royal pleasure) given an account of eur allegiance and observance ef your commission 412 PROVINCE PAPERS. [1680. by Mr. Jewles, in March last, and therefore shall not give you the trouble ef repetition. According to your Majesty's com mand, we have, with our general assembly, been considering of such laws and orders as do, by divine favor, preserve the peace, and are te the satisfaction ef your majesty's good sub jects here, in aU which we have had a special regard to the statute book your majesty was pleased te honor us with, for which, together with the seal of your province, we return most humble and hearty thanks; but such has been the hurry ef eur necessary occasions, and such is the shortness ef the sumraer (the only season te prepare for a long winter), that we have net been capable ef sitting so long as to frame and finish aught that we judge worthy te be presented te your royal view; but shall, as in duty bound, give as speedy a despatch te the affair as we may. In the mean time your subjects are at quiet, under the shadow of your gracious protection, fearing ne disturbance, unless by some pretended clairaers te eur soil, whom we trust your majesty's clemency and equity will guard us frem injury by: and, considering the purchase of eur lands from the heathen — the natural proprietors thereof — and our long quiet possession, not interrupted by any legal claim, our defence of it against the barbarous adversary by eur lives and estates, we are encouraged that we shall be maintained in our free enjoyment of the sarae, without being tenants to those who can show ne such title thereunto. Further, we de gratefully acknowledge the mark of your princely favor in sending us your royal effigies and imperial arms, and lament, when we think that they are, through the less ef the ship, miscarried by the way. And seeing your majesty is graciously pleased te license us te crave what may conduce te the better promoting of our weal and your majesty's authority, we would humbly suggest whether the allowance of appeals, mentioned in the commission, may not prove a great occasion, by means ef malignant spirits, fer the obstruct ing of justice among us. There are also sundry ether things that a little time and experience may mere evidently discover a great convenience in, which upon the continuance of the same liberty frem your majesty, we shall, with like bumiUty, present. Thus craving a favorable construction of what is 1680.] ADDRESS OF THE PRESIDENT AND COUNCIL. 413 above suggested, and praying for your majesty's long and prosperous reign, begging also the continuance of your majes ty's favor, out ef which, if any ef our adversaries, under a pretence ef loyalty or zeal for your majesty's interest, sheuld endeavor to eject us, we hope, upon liberty granted us, te speak fer ourselves, we shall abundantly demonstrate that we de truly and sincerely subscribe, Your majesty's most loyal and dutiful subjects, John Cutt, President, With the consent of the Council. Portsmouth, in the Province of New-Hampshire, ' June 11, 1680. '} [Province Records, Book 1, p. 40.] To all his Majesties good subjects, ye Inhabitants of Portsm", Hampton, Dover & Exeter, in his Majes*^ Proviiice of New Hampshire, in New England, pr order of y' President & Coun cill assembled at Portsm" this 22d Jan'y 1679-80, tfc in ye thirty first year of his Majesty's Eeigne.* Be it knowne unto you & every one ef you that y'^Presi dent & Councill deth order and declare in his Majes" name, y' all comiss", constables & Mr'ch", Grand jurymen, & all ether offi cers, civili & military, do keep their respective places & attend y= duty & concerns of y'^ trust te them already committed untill further order be taken, - his Majes" government new here estabUshed - - - and y' if any trespass be dene te any town - - - shire libertyes er Pro - - - officers shall take es - - - restraine y' same ------ [Seal.] At a meeting of the dep't presidept and council, 25th Mar., 1680— It is ordered by the dep't president and council that if there be any troopers that have forraed under the command ef Capt. * It will be noted that this, with several other articles in the 1st Book of Province Records, is badly mutilated, torn and illegible. Ed. 414 PROVINCE PAPERS. [1680. John Gerrish, er in that troop of Nerfelks, they shall be at liberty frora serving any longer in that service, provided they list theraselves foot soldiers in the towns ef their present resi dence ; and all such as are already, er would be troopers in this province, are new to list themselves under Capt. Jno. Gerrish, being quaUfied according to law to the fiUing i^p said troops to the nuraber ef 60, besides officers. Portsmouth. At a meeting of Council, 10 June, 1680. New-Hamp. (Dept. President.) Whereas his Majesty, by his letters patent sent to the presi dent and council of this town of New-Hampshire, hath given express coramand fer the regulation ef the military disciplin ing, and the arraying and mustering ef the soldiers for the defence and safety of his Majesty's province — It is, therefore, ordered by the president and council, that all the trained soldiers within the bounds ef this province, frem sixteen years old and upwards, do from time te time obey such orders and commands as shall be given by the officers that are commissioned by this government in the sev eral towns, both respecting arms and amunition, and kinds of exercise, according to the laws and orders that are and shall be made concerning military affairs. And that those troopers that were formerly listed under the command of Major Pike, and new inhabitants in this town, shall have liberty to list themselves and horses under the com raand ef Capt. John Gerrish, capt. of the troops in New-Hamp shire, and such as do net list under his command are required to attend their duties in the feet companies in the towns where they dwell, upon the same penalty that is provided fer neglect in that case. [Prou. Court Papers. 1680.] WITCHCRAFT. 415 Witchcraft. [Prov. Court Papers, vol. I, pp. 133-141.] We, whose names are underwritten, being called by authority to view a dead child of John Godfre's, being about a year eld upon the 13th ef July, 1680, which was suspected to be raur dered, we find grounds of suspicion that the said child was murdered by witchcraft : first, in part by what we saw by the dead corpse ; second, something we perceived by tljie party suspected, which was then present, and was examined by authority ; and, third, by what was said by the witness. The names ef the jury of inquest : The. Marsten, WUlyam Marsten, Foreman, Hen. Eoby, Abraham Drake, Abraham Perkens, Anthony Taylor, John Sraith, Tho. Levet, Aratus Levet, Gershom Elkens, Hen. Derbend, John Sanborne. This true list was given in upon oath the 13th of July, 1680, before me, Samuel Dalton, of the Council. John Fuller owns himself te stand bound in the sum of one hundred pounds unto the Treasurer of the Province ef New- Hampshire, that Rachel, his wife, shall appear before the authority of this Province ef New-Hampshire, te answer to what shall be charged against her in point of witchcraft, and that she shall abide the order ef the court, and not depart without license, and shall appear whenever she is called. Owned before me, 14th July, 1680. Christopher Lux, Samuel Dalton, of the Council 416 PROVINCE PAPERS. [1680. The deposition of Mary Godfrey, the wife of John Godfrey, and of Sarah Godfrey, her daughter, aged about 16 years. These deponents saith that, about three weeks or a month ago, the sarae day that Mr. Buff went through the town, these deponents took care to save seme of the sick child's urine, to shew it te Mr. Buff; and they could not save it, for, though ¦ we put a pewter dish under the child, yet all its water ran en the floor ; and Sarah Godfrey took some embers out of the fire and threw them' upon the child's water ; and by and by Rachel Fuller came in and looked very strangely, bending, daubed her face with molasses, as she judged it, so'as that she had alraost daubed up one ef her eyes, and the molasses ready te drop off her face ; and she sat down by Goodey Godfrey, who had the sick child in her lap, and took the child by the hand ; and Geedwife Godfrey, being afraid to see her come in in that manner, put her hand off from the child and wrapt the child's hand in her apron. Then the said Rachel Fuller turned her about, and smote the back of her hands together sundry times, and spat in the fire. Then she, having herbs in her hands, stood and rubbed them in her hand and strewed them about the hearth by the fire. Then she sat her down again, and said. Woman, the child will be well! and then went out of the door. Then she went behind the house ; and Mehitable Godfrey teld her mother that Goodey Fuller was acting strangely. Then the said Mary Godfrey and Sarah, looking out, saw Rachel Fuller standing with her face towards the house, and beat herself with her arras, as men do in winter to heat their bands, and this she did three times; and stoepinc down and gathering something off the ground in the interim between the beating of herself, and then she went horae. Sworn the 14th of July, 1680, before me. Samuel Dalton, of tbe Council. Owned in Court ef Hampton, the 7th Sept., 1680, by the deponent. Elias Stileman, Sect. The deposition of Elizabeth Denham and Mary Godfre, who saith that we, being in discourse with Eachel Fuller, she teld us hew these that were witches did so go abroad a night, they 1680.] WITCHCRAFT. 417 did lay their husbands and children asleep, and she said Rachel Fuller teld us ef several persons that she reckoned fer witches and wizzards in this town, to the number of 7 or 8. She said eight women and two men, some ef whom she express ed by name, as Eunice Cole, Benjarain Evans' wife and her daughters, Geedwife Coulter and her daughter Prescott, and Geedwife Towle, and one that is now dead. Sworn the 14th July, 1680, before me, Sam'l Dalton, of the Council. Mary Godfrey, the wife ef John Godfrey, further saith, that the next day after that Rachel Fuller had been there with her face daubed with molasses, the children told their mother that Eachel Fuller had told them that if they did lay sweet bays ? under the threshold, it would keep a witch frem coming in ; and, said one ef the girls' mother, I will try, and she laid bays under the threshold of the.back doer all the way and half way of the breadth of the fere deer, and soon after Rachel Fuller came to the house, and she always had formerly corae in at the back doer, which is next her house, but new she went about to the fere deer, and, though the door stood open, yet she crowded in on that side where the bays lay not, and rubbed her back against the post so as that she rubbed off her hat, and then she sat her down and made ugly faces, and nestled about, and would have looked en the child, but I net suffering her, she went out rubbing against the pest ef the doer as she came in, and beat off her hat again, and I never saw her in the house since ; and I do further testify that while she was in the house she looked under the door where the bays lay. Mehitable Godfrey, aged about 12 years, affirms to the truth hereof. Sworn the 14th July, 1680, before me, Sam'l Dalton, ef the Council. The deposition of Nathaniel Smith, aged about twenty years, who saith. That he, going te the house of John FuUer, as he was coming home with his herd, and the said Fuller's wife 27 418 PROVINCE PAPERS. [1680. asked him what news there was in the town, and the said Sraith said he knew none, and then she told him that the other night there was a great route at Goodman Roby's ; this was at the first time when Doctor Eeed was at this town ; and the said Rachel Fuller told me that tbey had pulled Doctor Eeed out of the bed, and with an enchanted bridle did intend to lead a jaunt, and he get her by the coat, but could net hold her, and I asked her who it was, and she turned frem me, and as I thought did laugh. Sworn the 14th July, 1680, before me, Samuel Dalton, of the CouncU. The deposition of John Godfrey, aged about 48 years, and his wife, aged about 36 years, who saith that Rachel Fuller, coming into our house about 8 er 9 o'clock in the day, and sitting down by my wife, my wife having the child that was ill in her lap. The child being es.ceedingly iU, and the said Fuller seeing my wife rauch troubled and grieved, Eachel Fuller said that this would be the worst day with the child, — to-raorrow it wiU be well. And the said Fuller took tbe child by the hand, and my wife snatched the hand frem her and wrapt it in her apron. Mary Godfrey, the wife ef John God frey, further saith, that at the same time, I, seeing the said Fuller patting the child's hand, drew the child's hand frem her; and then the said Rachel FuUer arose from the place where she did sit, and turned her back to my husband, and did sraite the back side of her hands together, and did spit in the fire. Sworn the 14th July, 1680, before me : Samuel Dalton, of the CouncU. Sworn by the deponent in court at Hampton, 7th Sept., 1680. Elias Stileman, Sect. The deposition of Elizabeth Denham, who saith that, about three weeks since, I was at John Fuller's house, and there she and I being speaking about John Godfrey's chUd that was then ill, Eachel FuUer was then very inquisitive to know of 1680.] WITCHCRAFT. 419 me what I thought aUed the child; and after I teld her what I thought, she still continued asking me what I thought was the matter with the child; and she then kept calling her own child Moses, after the name ef the sick child. Sworn the 14th July, 1680, before me, Samuel Dalton, of the Council. The deponent, in court held in Hampton, 7th Sept. 1680, appeared and owned the above testimony. Blias Stileman, Sect. The deposition of Hazen Levit, aged about thirty-six years, testifieth, that as he was riding up to his lot the last Thursday in July last, at night, about sun half an hour high, he saw John Fuller's wife upon her hands and knees, scrabbling to and fro, first one way and then another, and seemed te hira te be mighty lazy ; but after she espied him she left off that manner of acting, and seemed te take up her apron with one of her hands, and with the other hand te gather up something; and as I drew near her it seemed to me as if she laid something upon a log, and come back and fetched a little child, that stood by her when she was in her former actions, and went through at her own gate, as he thought, the aforesaid log being near te her gate ; and when she was in her gate she went toward her garden, and as soon as she was come up to her gate she turned and went toward the deer, with a child and a little basket in her hand, as it seemed te your deponent; and your deponent looking en her she gave him a frowning look at first, but as your deponent was passing frem her, she laughed on him, as seemed to him; and after your deponent was gone seme way thence, she was gotten te the place first mentioned, as near as your deponent can guess, and in the same manner of acting as first naraed ; and your deponent quickly returning again found her still in the same actions ; and as seen as I apprehended she discerned him she left off and went away, as before, and presently there came from her gate to the place a thing like a little dog, as to the seeming of your deponent, and went te the place where she was so acting as before ; and there, walking to and fro, went back again. 420 PROVINCE PAPERS. [1680. Copy of the Mandamus by which Robert Mason, Esq., was admit ted to a seat in the Council [Farm. Belk. App., p. 457.] December 30, 1680. Trusty and well beloved, we greet you well. Whereas we have thought it fit te take into eur special care and protection our Province ef New-Hampshire, and provide fer its prosperity and good governraent, and the settlement of the estates and possessions of our geed subjects there : And that for the avoiding any suits er contentions in matters of title, and the determining any demands which might be made by eur well beloved subjects, Eobert Mason, Esq., as proprie tor under us, of that province, by virtue of a grant derived frem our royal grand-father. King James, under the great seal of England :* we have so composed all matters with him, that for the time past until the 24th day of June, 1679, he shall not claira or deraand any rent, dues or arrears whatsoever ; and for the future, he, his heirs or assigns, shall receive only six pence in the pound yearly of every tenant, by way ef quit rent, according to the true and just yearly value of what is improved by any ef the inhabitants; as is more fully expressed in our commission, under eur great seal, bearing date the 18th day ef September, in the 31st year ef our reign. And whereas the said Robert Mason hath humbly signified te us that he is preparing te transport hiraself, for the taking care ef his affairs and interest in the said Province, and for the giving a secure and legal confirmation ef the estates ef such persons as are now in possession, but without any right or legal title to the same : And he being a person whom we have esteemed useful to eur service, as he is chiefly concerned in the welfare of that our Province, we have further thought fit to constitute and appoint him te be one of our Council therein; and we do hereby order and require you, our President and Council, that, immediately after his arrival, you do admit him one of our Council of eur Province of New-Hampshire, he first taking the *This must mean the Charter of the Council of Plymouth. 1681.] PROVINCE PAPERS. 421 oaths mentioned in our said commission. And we do further require you and him, that you do betake yourselves te such discreet and equitable ways and methods in your proceedings, agreements and settlements, for the future, that there may be no occasion of complaint te eur royal person and authority here : We being resolved to discountenance all such as shall willfully er unnecessarily avoid or delay your submitting te these determinations which raay be reasonably decreed, accord ing te justice and geed conscience, which you are te signify to all eur good subjects within our said Province, that they may govern themselves accordingly. And se we bid you heartily farewell. Given at eur Oourt, at New-Market, the first day ef October, 1680, in the two and thirtieth year ef eur reign. By his Majesty's coramand, Sunderland. To our trusty and well beloved, the President and Council of eur Province of New-Harapshire, in New-England. [Prov. Rec, B. I, p. 41.] Boston, 12'" March, 1680-1. Hen* Sr. We have rec'd yrs ef ye 25'" ef ffeb. past touching pouder money, wherein you advise us fer satisfaction for that taken frem ours by yo'selves, to de y" like fer ye' ships, when they come into eur pert ; with which we cannot be so satisfied, it not being an equal way & raeasure of proceeding fer o' rautual correspondence, peace & good agreement. Ner is it just, in eur apprehensions, that a private person should make recom pense fer a Public act: we judg this may make a flarae araong ye'selves there, whose quiet we tender as our own. We may be teld rather, that the money taken from Mr. Harvey, which is but 30s. (a small matter te make a breach) be returned, & all ye' shipping and ours pass free, as in the day when we were all under one Law & Government — which best pleases us, altho the advantage to us will be more y" would well permit us te concede te the proposition in y" above mentioned. We have communicated y' order of y' General Court concerning 422 PROVINCE PAPERS. [1681. Judgments & Executions te eur Gen. Assembly, who cannot agree thereupon, and therefore it must, of necessity lye dor mant for ye present. Thus with our due Eespects te yo' Hen* selves, we remain yo' Loving ffriends & Neighbors, By order of y^ Council, E. Chamberlain, Sec To ye Heni>>e Simon Bradstreet, ye Gov' of ye Massachusetts Colony. Te be comunicated to ye General Court. [Prov. Rec, B. I, p. 41.] To Bobert Mason.* Sir. We thought raeet te sign ll"* instant : & that we de our answer thereof at-- ....- as to yours efye we answer joint .....---- are informed --------- seme efye the wicked hopes ef eur Soveraegns sudden death or distur bances y' may arise in Bng*. That if you know of any such persons, we desire & account it yo' duty y' they may be brought forth and receiv y" demerit ef their offence. Sr your ffriends & serv". Rich: Waldron, Eich: Martyn, Will. Vaughan, Tho: Daniel, Je: Gilman, Christ: Hussey, El: Stileman, Sam. Dalton, Job. Clements. ¦* The original paper is greatly mutilated. Ed. 1681.] PROVINCB PAPERS. 423 These to Eobt. Mason, Esq. [Prov. Rec, B. 1, p. 42.] Portsm. 4th of May, 1681. Sir- The Counsel having seen & read sundry ef y' Declarations,* that you have set up in places ef public concourse within this his Maj' Province, as also Letters sent te them in particular : In all which you have charged them highly as great offenders, referring to his majestees royal Commission as derogating from that te y" great abusing ef his subjects, obstructing them from complying with you, charging several falsities upon the CounciU themselves, and sundry things of Uke nature, which casts great reproach upon his majestees authority in this Province, on which the CounciU for their full conviction or themselves, desire you to give them a raeeting att y House - - . - - ridg on ffriday next about noon, and raake all - - - - thay shall conclude yourself te be y' forger and - a slanderer ef y" inocent. And as te that you - - all matters, and lay them before his majestie power to deale with you, er ethers, either ----- judge it a mestake, and pray you will be - - - - - they have power to deale in matters of ceraession, as weU as in all emergencies - - to you. The Council, hoping you will ----- we remaine your Loving ffriends. By order of y" President & Counsel, E: Chamberlain, Secretary. * It appears that Mason had posted up certain "Declarations " which were highly offensive to the people ; one of which was torn down at Dover by Maj. Richard Waldron, as Mason afterward testified: "That Maj. Richard Waldron did say to this deponent, that no such papers should be set up to amuse the people, and did show unto this deponent one of the aforesd declarations or some part thereof that he had pulled down." Taken upon oath, 17th October, 1684. Robert Mason. 424 PROVINCE PAPERS. [1680. The Province rate of Hampton, being one single rate and half, according to each man's proportions, this 8th May, 1680 : [See Court Records, vol. 1, pp, 111-129.] s. d. Nath'l Baohilder, 13 5 Jacob Browne, 6 9 Tho. Brown, 3 6 Ben. Browne, 4 11 Jon. Browne, 3 10 Hath'l Boulter, Sen., 5 6 John Blake, 5 OJ Nath'l Boulter, Jr., 4 9 Mark Baker, 2 3 Moses Cocks, 3 7 Edw. and Sam'l Colcord, 8 34 Joseph Cass, 6 5 Sam'l Cass, 3 7 Abraham Drake, Sen., 6 9J Abraham Drake, Jr., 4 0 Alexander Denham, 6 6 Gershom Elkins, B 01 Will. Fuller, 8 4 John Fuller, 4 Oi Sam'l Foge, 4 Oi wm. Fifield, Sen., 6 3 Ben. Fltield, 8 5 Henry Greene, 15 2i Abra. Greene, 6 3 Jon. Godfree, 2 6 Isaac Godfree, 6 8 Edw. Gove, 11 3 Jon. Garland, 6 61 Jacob Garland, 2 11 Isaac Marston, B 9 Jon. Marston, B 5 Epheham Marston, Hen. Moulten, B 0 12 1 Jon. Moulten, 6 2i Jon, Marion, 6 7 Jon, Masson, 4 5 Joseph Mead, 3 4 Tho. Nud, 6 7 Abra. Perkins, 14 4i Isaac Perkins, 10 5 Francis Page, 8 9i Tho. Page, Tho. Philbrook, 10 9 7 4 Christopher Palmer, 1 with his son's estates, J 7 9 James Philbrick, 3 8 Caleb Perkins, 3 6 Jacob Perkins, 3 8 Joseph Palmer, 5 3 Jonathan Philbrook, 3 0 Samuel Philbrick, 3 5 Henry Roby, Jon. Redman, Sen., 13 3J 6 8 Jon. Redman, Jr., 6 6 Tho. Row, 2 3 Jon, Sanborne, 9 7i Will. Sanborne, Sen., 7 10 Jon. Sanborn, Jr., 7 10 Richard Sanborn, 5 0 Ant. and Jon, Taylor, 8 7i Samuel 'niton. 4 0 Daniel Tilton, 8 li Phillips Towle, 8 7i John Tuck, Tho. Thurtten, Mr. Andrew Wiggin, Mr. Tho. Wiggin, Nath'l Weare, Tho. Warde, Tho. Webster, Jonathan Wedgwood, David Wedgwood, Ralph Welch, Nath'l Wright, Tho. Chase, Eachel Chase, James Chase, Abra'm Cole, Benj. Cram, Tho. Cram, John Clifford, Sen., John Clifford, Jr., Israel Clifford, Isaac Cole, Elias Crichitt, Henry Dow, Jos. Dow, Daniel Dow, Godfre Dearborn, Thomas Dearborn, Hen, Dearborn, John Dearborn, John Hussy, Morris Hohs, Sen,, Jon, Hobs, Tim. Hilyard, Morris Hobs, Jr., Nehemiah Hobs, James Johnson, Francis Jennis, John Knowles, Tho. Lovitt, gizrom Lovitt, anlel Lamprey, Aretus Lovitt, Tho. Marston, Will Marston, James Marston, Joseph Moulton, Benj, Moulton, Samuel Sherborn, Benj, Swett, Joseph Swett, Anthony Stanyen, Jon. Stanyen, Robard Smith, Jon. Smith, tayler, Jon. Smith, cooper, Tho. Sleeper. Jos. Shaw, Ben. Shaw, Will. Swame, Joseph Smith, Will. Sanborne, Jr., Jon. Sleeper, George Swete, s. d. 6 3 2 3 14 8 6 4 12 5 7 0 6 9i 67B4 1 1 H 1 2 3 10 6 00 B 2 22 11 6 2 4B 6 2 14 Oi 5 10 B 4 7 6 B B 2 3 7 lOi 3 B 9 0 9 lOi 7 8 9 3 8 7 6 7i 9 1 4 6 6 10 5 11 6 6 3 9 7 0 6 10i 6 3 4 3i 4 2l 6 7i 4 9 8 7 8 94 6 Bi 3 2 1 10 2 3 2 3 To the Constables of Hampton : You are, in his Majesty's name, required to gather this Province rate of the persons herein assessed, and to pay in the same unto Richard Martyn, 1680.] PROVINCE PAPERS. 425 Esq., the treasurer ef the Province, according to the order of the last General Asserably ; and those that pay in money are to be abated one third part ; and if any refuse to pay his pro portion, you are to levy it by distress, according te law. Dated 10th May, 1680, by us— Sarauel Dalton, • John Sanborne, Henry Moulten, Nathaniel Weare, John Sraith, Selectmen of Hampton. I, being desired by Thomas Dearborne, the late constable of Hampton, that gathered this Province rate, to copy out the same, I have here dene accordingly; and this is a true copy of the original rate and tbe warrant annexed thereunto by the selectmen, taken out and compared this 29th day ef April, 1684. By me : Henrt Dow. 426 PROVINCE PAPERS. [1680. The Province rate for 1680, made April 20, for Exeter. Imp. Gov. Robt Wadlee, Mr, Moses Gillman, Nic Norris, Peter FoUsham, Christian Dolhoff, Sam'l Leavitt, David Lawrence, Moses Leavitt, John FoUsham, Jun,, Sam FoUsham, Edward Gillman, Cornelius Larey, George Jones, Jona'n Robinson, _ - Jeremy Canaugh, 3 9 Major Sharpleigh, for Hillton's mill, Eleazer Elkins, Alexander Gorden, Eobt Smart, Sen'r, John Young, David Kobinson, Will'm Hilton, Sam'l Hall, Ralph Hall, John Sinckler, William Moore, PhillipCartey, John Wedgewood, John Gillman, Jun'r, Henry Magoon, Kinsley Hall, Jonathan Thing, Mr, Wiegin's miU, Joseph Taylor, This rate was made Anne 1680, vercissirao April 20, and deUvered to the constable to collect, as before specified. By us, John Gillman, Sen'r, ") Ralph Hall, |- Trustees fer Exeter. Bdw'd Smith, ) £ s. d. 1 6 Anthony Goff, 1 2 Charles Gledon, 3 li Mr, John Thomas, 8 Edw'd Sowell, S 2 Jonathan Smith, 13 5 Samuel Dudley, Jun'r, 3 1 Robert Stewart, 7 7i Humphrey Wilson, 10 1 Ephraim FoUsham, 3 Robert Powell, B 6 Andrew Constable, 4 Mr, Barthol'w Pipping, 6 6 Mr. Edward Hilton, 5 2 Mr. Sam'l Hilton, 3 9 Major Sharpleigh, for Hillton 3 11 Nic Listen, 4 John Bean, 7 104 4 10| Tege Drisco, Joell Judkins, 4 9 Ephraim Marston, Theop, Dudley, 10 2 u\ Tho's Mekins, Biley Dudley, 1 6 Robt Smart, Jun'r, 6 10 Mr. Eich'd Scamon, 4 75 Rich'd Morgan, 4 10 Major Clark, for his mill, 8 li Nat FoUsham, 4 2 Tho's Tidman, 4 11 John Clark, 9 James Kid, llOi Nad Lad, 2 4i James Perkins, 1680,] PROVINCB PAPERS. 427 Cocheco Province Eate. s. d. », d. Major Richard Waldron, 12 9 Mark Goyles, 2 3 Left, Peter Coffin, 12 8 Tho, North, 1 6 Jno, Ham, 4 3 Mr. Jno, Evens, 2 64 2 4 Will Hom, 6 H Timothy Hanson, Zaoherie Field, 3 3 Mr. Goff, 6 2 Jinkin Jones, 3 3 Jno, Frost, 2 114 Tho, Downs, Jr., 2 6 William Kim, 1 7 Benjamin Herd, 4 6 James Stagpoll, 2 I Ezekill Winford, 2 7 Eich, Ottis, Sen,, 1 Eich, Ottis, Jr„ ) 7 Sam'l Wentworth, 2 3 Elder Wentworth, 7 4 Harvey Hobbs, 6 2 George Eicker, Tho, Paine, 2 6 Eich, Nasson, 1 10 7 1 Jno, Ellis, 1 7 Gorshem Wentworth, 2 Rich, Seamon, 1 6 Jno, Heard, Sen., John Heard, Jr., 8 3 V/^. Yerington, Jno, Knight, 1 6 2 IJ 2 8 Will Harford, 1 9 Joseph Sanders, 1 6 Stephen Ottis, 2 2 Maturin Eicker, 1 7 Tho. Hanson, 4 Jno, Windicot, 8 7 Peter Masson, 2 4 Will, Gifford, 1 7 Robert Evens, S 1 Will, Tasket, 2 6 Tobias Hanson, 6 2 Jno, Derry, 3 4 Isaac Hanson, 2 if J ames Derry, 1 7 Widow Hanson, 1 Phillips Chesley, Tho, Chesley, 6 8 Capt, Jno, Gerrish, 13 2 6 8 Jonathan Watson, 1 7 Jno, Eoberts, Jr. 3 6 Ealph Twomley, 7 6 Nath'l Kene, 2 5 Tho, Austyn, 3 Abraham Clarke, 2 2 Humprey Barney, 6 9 Edward Tayler, 3 li Mr, Will, Partridge, 6 64 Jno, Michill, 1 7 Tho, Douns, Sen,, 111" Edward Eayers, 1 7 Nathan'l Stephens, 4 6 Will, Tomson, 1 6 Jno, Church, 3 8i James Hawkins, 9 1 Dover Neck Province Rate. Jno, Dam, Sen,, s. 3 d. 9 Eich, Eich, S, d. 2 6 Jno, Cox, 2 0 Job Clements, Esq,, 8 4 Jno, Eoberts, Sen.. 9 2 Joseph Beard, 4 Tho, Eoberts, Jr,, 2 6 Joseph Canie, 4 10 Widow Tibets, 1 4 Nathan Hall, 1 8 Jeremy Tibets, 2 5 James Nutt, Sen,, 4 2 Wildrum Dam, 3 4 James Nutt, Jr,. 4 8 Abraham Nutt, 2 6 Edward Allin, 1 10 Phillips Cromwell, 4 Tho, Perkins, 2 2 Tho, Whitehouse, 3 2 Isaac Stockes, 3 6 John Pinkham, 3 4 Tho, Young, 2 2 Will, Willey, 3 2 Tho, Roberts, Sen., 5 3 John Hall, Jr., 3 t Mr. Will, Henderson, 3 9 John Hall, Sen., 6 John Cooke, 2 John Tuttle, 3 John Meader, Jr,, 3 4 Bloody Point Province Eate. William Furber, Sen,, 8. S d. Mlchall Brown , s. d. 4 9 WUliam Furber, Jr,, 2 Henry Longstof, 8 3 Eichard Roe, 4 Widd. Trickie, 4 10 Left. Nutter, 8 1 Joseph Trickie, 2 4 Jno, Dam, Jr,, 4 3 Isaac Trickie, 4 6 John Bickford, Jr,, 2 William Shackford, 6 Samuel Rawlens, 2 7 Nicholas Harris, 3 2 James Rawlens, 2 6 Joseph Hall, 11 1 leoobad Rawlins, 2 H Luke Mallune, 2 Jno, Hudson, 1 6 William Gray, 2 I Widd. Cattor, 7 10 Benjamin Eawlins, 2 1 Jno, Bickford, Sen,, 4 i Eframe Trickie, 2 4 428 PROVINCE PAPBRS. [1681. Sept. 24, 1681. Province Eate for the Town of Portsmouth. Jno. Cutt, Jno, Dennet, Geo. Hunt, Mr. Rich. Walden, Mr. Otsella Cutt, Rich. Watts and Negro, Mr. Jno. Hunckins, Mr8. Elenor Cutts, Wm. Ham, Rich. Jackson & Sons, Wm. Earle, Jno. Cotton, Ruben Hull, Rich. Martyn, Esq., Jno. Seward and man, Francis Mercer, Jno. Hurdy, Sam'l Case, Jno. Erenchman, smith, Phil. Severet, Chad. Moss, Edward Melcher, George Loveis & Son, Jno. Fletcher, Jno. Cutt, mariner and man, Jno. Tucker and three heads, Tho. Harvey and man, George Snell, Sam Clark, Mat. Nelson, Tim. Davis, . Jean Jose and Richard, Rich. Waterhouse, Jno. Partridge, Jno. Fabins, George Fabins, Jno. Fickerin, Wm. Sheller, Jno. Jackson, seaman, Jno. Bartlet, Walter Ell, Wm. Pittman, Alexander Denet, Jr., Wm. Brookin, Nat. White, Tho. Stevens, Rich. Monson, Francis Jones, Jno. Bandfield, Phil. Tucker, Dan. Duggin, Ja. Jones, Wm. Cotton, Neh. Partridge and 2 heads, Kich. Webber, Tho. Ladbrooke, Tho. Jackson, Geo. Bramhall, Jdo. Light, Hen. Kerch, Sam'l Whidden, Jno. Whidden, Tho. Gubbtail, £ s. d. £ s. d. 17 Jno, Presson, 3 10 Leo. Drown, 4 8 6 Wm. Eichards, 3 8 2 Antho, Ellm's estate. 2 7 Edward Cate, 4 7 6 Jno, Shipway, 8 17 Wm. Vaughan, Esq,, 3 1 5 Ja, Treworgie, 3 7 Wm, Williams, 3 13 4 Wm. Crafts, 4 6 4 Tho, Gill. 3 6 9 Tho. Wakan, 6 6 16 6 Lodvvick Fouler, 4 15. 3 Edward Holland, 3 Jno. Seavie, 4 8 4 8 Robt. Williams, 4 8 3 6 Wm. Mason, 4 8 10 3 Mr, Moody, for Mary Cutts' land 2 3 0 Dan-1 Wescot, 5 17 Ephraim Linn, 3 6 11 6 Jno, Wakan, 3 3 6 Jno, Baker, 4 11 6 Jno. Chevalier and man. 7 6 6 6 Wm. Eocklief, 4 2 9 4 Nico. Walden, 4 6 12 3 Eich. at Jno. Tucker's, 4 10 7 Hubertus Matton, 4 6 6 4 Ditto journeyman. 3 5 Phil. Founds, 3 5 Ja. Levet, 6 4 Wm. Eoberts, 3 17 6 Jno. Muchmore, 3 6 6 6 Eobt. Almonie, 4 19 2 Tho. Daniel, 4 5 6 Jno. Jackson, Sen,, 6 6 3 6 Jno, Jackson, Jr., 4 6 6 5 Eich. Door, 4 6 8 Peter Ball, 5 3 2 Mark Hunckins, 0 0 3 Eich. Shortridge, 3 8 3 Lewis Williams, 3 6 3 Jno. Brown, 4 4 Bobt. Pudington, 5 5 Robt. Lang, 3 4 6 Hugh Leer, 4 3 Hen. Savage, 7 6 4 8 Wm. Walker, 3 6 4 3 Wm. Cate, 3 6 3 6 David Griffith, 3 3 Panels Huckins, 3 6 3 6 Jno. Jones, 3 4 Joseph Jewell, 3 6 11 Roland, at Hunt's, 3 10 Anthony Furbur, 8 5 10 Robt. Roueley, 3 5 Tho. Pickering, 4 6 "' ,„ Peter Harvey, 3 5 10 3 6 7 19 11 3 10 7 2 4 6 4 18 2 2 3 36 09 03 Elias Stileman, Wm, Vaughan, Thom. Daniel, Eobt, Elliot. I68I.] PROVINCE PAPERS. 429 The Order of the Council and General Assembly for a Fast, made in March, 1681, and published under the seal of the Province. [Farm. Belk,, App,, p, 458,] Upon serious consideration of the manifold sinful provoca tions among us, as of the sundry tokens ef divine displeasure evident te us, both in the present dangerous sickness ef the honorable President of the Council fer New-Hampshire*, in the continuance ef whose life is wrapt up much blessing, whose death may occasion much trouble ; as also in respect ef that awful portentous blazing star, usually foreboding sere calamity to the beholders thereof; and in regard ef the great need that we have ef mere than ordinary presence of Almighty God with us, in eur necessary applications to his royal Majesty, our sovereign lord the King ; as also, having a real sympathy with the great thoughts of heart in our brethren and neigh bors as they are circumstanced; ever seriously and loyally imploring the divine favor for the continuance ef his Majesty's life and prosperous reign, as the protection of God's cause and church, against the Popish party throughout the world; hum bly craving covenant mercy te be continued to us, and ours after us in their generations, as also God's crowning the several seasons ef the year with suitable goodness: The Council and General Assembly for the Province of New-Hampshire have appointed the next Thursday, being the 17th day ef this instant March, a day ef public fasting and prayer, to be solemnly kept by all the inhabitants thereof, hereby strictly inhibiting all servile labor thereon. Commending the same te all elders, churches, ministers and people, that they fervently wrestle with the Lord, that he may turn from the fierceness of his anger, and cause his face te shine upon us in all our concerns. Eobert Mason. Seal. I, Eobert Mason, Esq., lord proprietor ef the Prov ince of New -Hampshire, do hereby constitute and appoint Eichard Otis, senior, ef Cacheche, yeoman, to be stew- * President Cutt died March 27, I68I, and was succeeded by Eichard Waldron, as President of the Council, who held the office until the arrival of Edward Cranfield, Oct. 4, 1682. Ed. 430 PROVINCE PAPERS. [I68I. ard of my lands lying at Dover, Cacheche, Newichawanoch, Oyster Eiver, and of all lands lying within the present reputed precincts er bounds ef Dover; that is, that he demand and receive of every inhabitant the quit rent due to me for the lands improved, according to his Majesty's royal commission, and te agree with every person as to yearly value thereof: And that he do, by himself er by such other persons as he shall appoint, take care ef and have the oversight of all the said lands, and to forbid all persona that shall commit any trespass thereupon, te cut and carry awaj? any sort of timber from off the said lands, without license first obtained, and to take account of all timber that shall be cut and carried away by any persons, contrary to my declaration ef the 19th day of this instant March, to the end that the offenders may be prosecuted in England, before his Majesty in council. Dated the 22d of March, 1680, and in the 33d year of the reign of eur Sovereign Lord, King Charles the Second. [C. Pap,, Eeg, office,] To the Hon'ble the President and Council of the Province of New-Hampshire. The humble petition of Edw, Leathers, constable of Dover, sheweth — That whereas your petitioner, being constable, is, by war rant ef the selectmen, charged and required te collect arrears of rates within the precincts thereof, hath bestowed all his care and diligence therein : But it se happens that many persons utterly refuse to pay any rates assessed fer the min istry, alleging that they ought to have liberty ef conscience by virtue of His Majesty's royal commission, and so net oblige (nor do repair te church), te hear the minister; and conse quently net te pay any such duties : Therefore, your petitioner humbly prays, that in regard to the minister's rates included in the other rates, without expressing how much for one sort, and how much for the ether, by reason whereof he cannot make any certain demand • Your honors would please to direct your petitioner how to act in this case and what to demand in certain; and in the 1682.] PROVINCB PAPBRS. 431 meantime your petitioner may be protected and saved harm less, having dene his duty to the best of his power. Your honors most humble servant. [C. Pap., Eeg. office.] At the General Assembly at Portsmouth, March 7, 1681 — Thomas Thurten was accused for abusive and contemptuous language against the council (the king's authority in the Prov ince of New-Hampshire) : viz., for saying they were rebels against his Majesty, and did deny the king's letter and bread seal; and that they were a parcel of cursed rogues; and that they would deny the king himself, if he were here. Likewise, that he hoped he sheuld see them all hanged before he was very much older. Thurten, being apprehended, brought before the Council, and examined upon the premises, and the above said particu lars (appearing in several depositions on file) proved against him, the council do sentence him te be a prisoner in Hampton jail during one month's space, within which time, if he do net pay twenty pounds for a fine (which he is thereby ordered te do, with cost and fees), he shall be sold by the treasurer, who is hereby impowered to make sale of him fer the payment of his said fine, &c. And the said Thurton is to remain in the said jail till the treasurer can dispose of him as aforesaid. The costs and fees amount to 21. 18s. 6d. Vera copia, from the Council books. Teste : Eichard Chamberlain, CI. Council. [Prov. Eec, B, I, p, 42.] At the General Assembly at Portsmouth, March 7, 1681-2, — It is enacted by the General Assembly that a rate shall forth with be made and issued out en all the inhabitants within this Province ef New-Hampshire, at one penny in the pound on persons and estates, to be paid in money or in the species underwritten. That is te say : Wheat at five shillings per bushel ; peas at four shillings ; malt at three shillings six pence ; Indian corn at three shillings ; boards at thirty shillings per 432 PROVINCE PAPERS. [1682. one thousand feet; white-oak pipe staves, three pounds per thousand ; fish, two ryals under price current : To be paid at the usual places for delivering rate and pay ; and that the selectmen in the several townes de forthwith perform the duty of their places, in the making such rates and committing them to the respective constables, te be immediately collected, and the same to be transmitted te the treasurer of the Province upon the Province charge. By order, E, Chamberlain, Sect. To the much honored Council and President, now assembled at Portsmouth, in the Province of New-Hampshire, this Sth day of March, 1681-2. Your poor and very humble petitioner desires and humbly begs that some clemency and mercy may be afforded towards him. It hath been his unhappy case to de that fer which- he is justly called in question, and deth own that justice must be served against all pity. But the end being to knock down vice and to produce virtue, hepeth your petitioner may be a subject of such favor as te be spared so far from the exaction of his demerits as may give him room and time to shew himself better. Tf your honers please te exact the utmost ef what he is able te do, he must endure the sentence to his capacity, and not complain. But such a sense he hath of bis will and desire te do better, that he hopes your Honors' favor towards him will return with glory te God and his people. Te pay the sum required he cannot. Te be sold runs him upon extremities. Therefore he begs your Honors' lenity, as far as Ged may move your hearts. Your humble petitioner and humble servant, Thomas Thurton. Vera copia, from the original on file. Teste : R. Chamberlain, Clerk Council [C, Pap,, Eeg, office,] 1682.] cranfield's COMMISSION. 433 [P. Kec, B. I, p. 51.] New-Hampshire, Whereas it is the constant practice in Jamaica, Barbados and other his Maj'. plantations, upon the arrival of every ship or vessell, that the master or commander doth forthwith repair to the Gov' and give him an acct. of such matters as shall be demanded of them relating to his Maj° service and y° good of the place : It is therefore hereby ordered by the Gov' and Council that upon the arrival ef every ship or ether vessel into this Eiver or other Port in this Province, the master or commander there of do with all diligence repaire unto the Honl°, the Gov', of this Province, te give information of all such matters as may any way relate to his Maj°. service and the geed peace and security of the Province. And hereof all persons concerned are required to take special notice and conform themselves accordingly as they will answer the contrary. Date the 1682. E. C, Clk. Coun. Commission of Edward Cranfield. [Coun. and Assem. Eec, pp. 41-55,] Charles the Second, by the grace of God King of England, Scotland, Prance and Ireland, Defender of the Faith, &c,* To our trusty and well beloved Edward Cranfield, Esq. Whereas eur colony of the Massachusetts alias Massathusetts Bay, within eur dominion of New-England, in America, hath taken upon themselves to exercise a government and jurisdic tion over the inhabitants and planters in the towns ef Ports mouth, Hampton, Dover, Exeter, and all ether y towns and lands in our Province ef New-Hampshire, lying and extending itself frem three miles northward ef Merrimack river, unto the province of Maine, not having any legal right or authority so to do, which said jurisdiction and all further exercise thereof we have thought fit by the advice of our privy Council, te inhibit and restrain for the future, and de hereby inhibit and restrain y" * Cranfield's Comniisaion was dated May 9th, 1682 ; 34 yr. B. Charles II. 28 434 PROVINCE PAPERS. [1682. same ; and whereas the government ef that part ef eur said Province ef New-Hampshire, se limited and founded as aforesaid, new is, and remains under our immediate care and protection ; to the end therefore, that our loving subjects the planters and inhabitants within the limits aforesaid may be protected and defended in their respective rights, liberties and property, and that due and impartial justice may be administered in all cases, civil and criminal, and that all possible care may be taken fer the just, quiet and orderly government ef the same — Now, Know Ye, that we, reposing especial trust and confidence in y° prudence, courage and loyalty of you, the said Edward Cranfield, Esq,, out ef our especial grace, certain knowledge mere motion, have thought fit to constitute & appoint you our Lieutenant Governor and Commander-in-Chief ef all that part ef our province ef New-Hampshire within our dominions of New-England, in America, lying and extending itself frem three miles northward ef Merrimack river, er any part there of, unto eur province ef Maine ; and we de hereby require and command you to do and execute all things in due manner that shall belong unto your said command and the trust we have reposed in you, according te the several powers and directions granted er appointed you under this present commission, and the instructions herewith given you, or by sueh further pow ers and instructions as shall at any time hereafter be granted or appointed you, under eur signet and sign manual, and according te such reasonable laws and statutes as now are or hereafter shall be made and agreed upon by yeu, with y' advice and consent ef eur Council and the Assembly ef eur said province and plantation, under your government, in such man ner and form as is hereafter expressed ; and we de hereby con stitute and appoint Eobert Mason, Esq., proprietor, Eichard Waldron, Thomas Daniell, William Vaughan, Eichard Marten John Gilman, Elias Stileman, Job Clements, Walter Barefoot and Eichard Chamberlain, Esq.,be ef eur Council of our said prov ince of New -Hampshire, during eur pleasure, who are to be assisting unte you with their advice in the management ef the affairs and concerns ef the govemment ef the said Province of New-Hampshire, in relation te eur service and the good of our subjects there ; and we do hereby give full power to you the 1682,] cranfield's COMMISSION. 435 said Edward Cranfield, after you shall have first taken an oath for the due execution of the office and trust of our Lieutenant Governer and Commander-inChief, inand ever eur said province of New-Hampshire, which the said Councilor any five of them have hereby full power and authority, and are required te administer unto you, te give and administer to each of the members of eur said Council, as well y" oaths ef allegiance and supremacy, and the test mentioned in the act of parliament made in the twenty -fifth year of eur reign, intituled an act fer preventing danger which may happen from popish recusants, as an oath fer the due execution of their places and trust ; and we de hereby give and grant unto you full power and author ity to suspend any ef the members ef eur said Council frem sitting, voting, or assisting therein, if you shall flnd just cause for so doing, and eur will and pleasure is, that if by the death, departure out ef the said Province, er suspension of any of eur Councillors, there shall happen to be a vacancy in our said Council, any five whereof we do hereby appoint to be a quorum, we de hereby require yeu te certify us, by the first oppertunity, of such vacancy, by the death, departure, suspension of any of our said Councillors, that we may under our signet and sign manual constitute and appoint ethers in their room ; but that our affairs at the distance may not suffer for want of a due number of Councillors, if ever it shall happen that there are less than seven of them residing in eur said Province, we do hereby give and grant unto yeu full power and authority te cheese as many persons out of the principal freeholders, inhab itants ef our said Province, as will make up the full number of the Council to be seven and no more, which persons, so chosen and appointed by you, shall be te all intents and purposes eur Councillors in eur said Province, till either they are confirmed by us, er till, by the nomination ef other Councillors by us, un der our sign manual and signet, the said Council hath above seven persons in it, and eur will and pleasure is, that every member ef our said Council, suspended by you or displaced by us, shall be incapable during such vacancy, and after being so displaced, te be a member ef the General Assembly, and we do hereby give and grant unte yeu full power and authority, with the advice and consent of our said Council from time to time, 436 PROVINCE papers. [1682. as need shall require, te summon and call General Assemblies of the freeholders within your government, in such manner and form, as, by the advice ef our said Council, yeu shall find most convenient fer our service and the geed ef eur said Province, until our pleasure shall be further known therein ; and our will and pleasure is that the persons thereupon duly elected, by the major part of the freeholders, and being so returned and hav ing before their sitting taken the oaths of allegiance and suprem acy, which you shall commission fit persons under the public seal te administer, and without taking which none shall be capable ef sitting, though elected, shall be called and held y» General Assembly of y° Province. And that you, the said Edward Cranfield, by and with the advice and consent ef our said Council and Assembly, or the major part of them respectively, have full power and authority to make, constitute, and ordain laws, statutes and ordinances for the public peace, welfare and good government of our said Province and plantation, and ef the people and inhabitants thereof, and such ethers as shall relate thereto, and for the benefit of us, our heirs and successors, which said laws, statutes and ordinances, are te be near as conveniently may be agreea ble unte the laws and statutes ef this our kingdom of England : Provided, that all sueh laws, statutes and ordinances, of what nature and kind soever, be within three months er sooner after the making ef the same, transmitted unto us, under the public seal, for eur allowance and approbation of them, as also dupli cate thereof, by the next conveyance, and in case all or any of them, being not before confirmed by us, shall at any time be disallowed and not approved and so signified by us, our heirs and successors under our er their sign manual and signet, er by order ef eur er their privy council unte yeu, the said Edward Cranfield, er te the Commander-in-Chief of our said Province for the time being, then such or so many of them as shall be so dis allowed and not approved shall frem thenceforth cease, deter mine and be utterly void and of none effect, any thing to the contrary thereof notwithstanding ; and to the end nothing may be passed or dene by the said Council or Assembly te the preju dice of us, our heirs er successors, we will and ordain that you, the said .Edward Cranfield, shall have and enjoy a nega- 1682.] cranfield's COMMISSION. 437 tive voice in the making and passing of all laws, statutes and ordinances, as aforesaid, and that you shall, and may, likewise, frem time to time, as yeu shall judge necessary, prorogue and dissolve General Assemblies, as aforesaid ; and our will and pleasure is, that yeu shall and may keep and use the public seal already appointed fer that Province ; and we do further give and grant unte you, the said Edward Cranfield, full power and authority frem time to time, and at any time hereafter, by yourself, or by any ether te be authorized by yeu in that behalf, to administer and give the oaths of allegiance now established within this our realm ef England, to all and every such person and persons as yeu shall think fit, who shall at any time er times pass unte the said Province, or shall be res idents er abiding there; and we do hereby give and grant unto you full power and authority te erect, constitute and establish such and so many courts ef judicature and public justice within the said province and plantation within your government, as you and they shall think fit and necessary fer the hearing and determining of all causes, as well criminal as civil, aecording te law and equity ; and for awarding ef execu tion thereupon, with all reasonable and necessary powers and authorities, fees and privileges belonging unte them; and we do here authorize and empower you to constitute and appoint judges, justices of the peace, sheriffs, and ether necessary offi cers and ministers in eur said Province, fer the better adminis tration of justice and putting the laws in execution, and to ad minister such oath er oaths as you shall find reasonable for the due execution and performance of offices, places and charges, and for the clearing of the truth in judicial causes. And we do hereby give and grant unto you full power and authority* where you shall see cause, aud thereupon shall judge any offenders in criminal matters, er fer any fine er forfeitures, due unto us fit objects of eur raercy, to pardon and remit all such offenders' fines er forfeitures before or after sentence given, treason and wilful murder only excepted, in which causes you shall likewise have power, upon extraordinary occasions, to grant reprieves to the offenders therein, until and to the intent our pleasure may be known therein. 438 PROVINCE PAPERS. [1682. And it is our will and pleasure, and we de hereby expressly declare, that it sball and may be lawful from time te time, and for all and every person and persons who shall think him er themselves aggrieved by any sentence, judgment, or decree pronounced, given, er made within our said Province, in, about, or concerning the title ef any land or ether real estate, er in any personal action er suit above the value of fifty pounds and not under, to appeal from such judgments, sentence and decree unte us, eur heirs and successors, and our or their privy councillors ; but with and under this caution and limitation, that the appelants shall first enter into and give good security to pay such costs and charges as shall be awarded by us, in case the first sentence be confirmed ; and provided, also, that execution be net suspended by reason of any such appeal unto us. And our further will and pleasure is, and se we do hereby declare, that in all criminal causes where the punishment to be inflicted on offenders shall extend to less ef life or limb, the case of wil ful murder only excepted, the [party convicted shall either be sent ever into this eur kingdom of England, with a true state of his case and conviction, er execution shall be respited until the cause shall be here represented unte us, eur heirs and suc cessors, in our or their privy council, and orders sent and returned therein ; and we do hereby give and grant unto yeu, the said Edward Cranfield, by yourself, your captains and commanders by you to be authorized, full power and authority te levy armies, muster, command, er employ all persons what soever, residing within our said Province of New-Hampshire, and as occasion shall serve them, to transfer from one place to another, fer the resisting and withstanding all enemies, pirates and rebels, both at land and sea, and^to transport such officers to any of our plantations in America as occasion shall require for the defence of the same, against the invasion er attempt ef any of our enemies, and them, if occasion shall require, to pur sue and prosecute, in er out of the limits of our said plantations, or any of them; and if it shall please Ged them to vanquish, apprehend, and take, and being taken, either according te the law of armies, te put te death or to keep and preserve alive, at your discretion, and te execute marshal law in time ef invasion insurrection, or war, and during the continuance of the same' 1682.] cranfield's COMMISSION. 439 and to de and execute all and every other thing which to a captain-general deth or ought of right te belong, as fully and amply as any of our captains-general doth or hath usually dene. And we do hereby give and grant unte yeu full power and authority by and with the advice and consent of our said coun cil te erect, raise and build in our Province and plantation aforesaid, or any part of it, such and se many fert^, platforms, castles, cityes, boroughs, towns and fortifications, as by the ad vice aforesaid shall be judged necessary, and the same, er any ef them, te fortify and furnish with ordnance, ammunition and all sorts of arms, fit and necessary for the security and defence ef our said Province, and by the advice aforesaid, the same again or any of them to demolish or dismantle as may be most convenient ; and if any invasion shall at any time hap pen, or other destruction, detriment or annoyance be made or dene by Indians er ethers, upon er unto our geed subjects, inhabiting within eur said Province ef New-Hampshire, we de by these presents, fer us, eur heirs and successors, declare, ordain and grant that it shall and may be lawful to and fer eur subjects se commissionated by you, from time to time, and at all times, fer their especial defence and safety, to encounter, expel, repel and resist by force of arms and all ether fitting ways and means whatsoever, all and every sueh person or persons as shall at any time hereafter attempt or enterprise the destruction, invasion, detriment er annoyance ef any of eur said loving sub jects er their plantation or estates ; and above all things, we de, by these presents, will, require and command you te take all possible care for the discountenance of vice and encourage ment of virtue and good living, that by such example the infi dels may be incited and desire te partake ef the Christian relig ion ; and fer the greater ease and satisfaction of our said loving subjects in matters ef religion, we do hereby will, require, and command that liberty of conscience shall be allowed unto all Protestants, and that such especially as shall be conformable to the rites of the Church of England, shall particularly be countenanced and encouraged. And fer supporting the charge of the government ef eur said Province of New-Hampshire our will and pleasure is, and we do, by these presents, authorize and require you and our said 440 PROVINCE PAPERS. [1682. Council to continue such taxes and impositions as have been and are new levied and imposed upon the inhabitants thereof, and the same be levied and distributed to these ends in the best and most equal manner that can be until a General Assembly ef eur said Province shall have considered and agreed upon the fittest ways fer raising ef taxes in such proportions as may be requisite for defraying the charge of the government ; and it is our further will and pleasure that all public monyes raised or to be raised within eur said Province be issued out by warrant from you, by and with the advice and consent ef the Council, and disposed by yeu for the support ef government and net oth erwise, and you are te exercise all powers belonging te the place and office ef vice-admiral of and in all the seas and coasts belonging te your government according to such commission, authority and instruction as you shall receive from our dearest brother the Duke of York, er High Admiral of eur foreign plan tations, or from our High Admiral or commissioners for exe cuting the office ef Lord High Admiral ef our foreign planta tions for the time being; and we de give you power to appoint fairs and markets according as yeu, with the advice of the Council, shall think fit, and we de hereby give and grant unto yeu full power and authority to appoint within our said prov ince and plantation under your government such and so many ports, harbors, bays, havens, and ether places for the conven ience and security of shipping, and fer the better leading and unloading of goods and merchandise, in such and se many places as by yeu, with the advice and consent of the said Coun cil, shall be thought fit and convenient, and in them er any of them te erect, nominate and appoint custom-houses, ware houses, and officers relating thereunto, and them to alter, change, place or displace from time to time as with the advice aforesaid shall be thought fit ; provided, always, that all due obedience be given to the several acts of Parliament made with in this our kingdom ef England, and to the rules and methods prescribed thereby fer the security and encouragement of trade and navigation ; and we do hereby require and command all officers and ministers, civil and military, and all other inhabi tants ef our said province and plantation under your govern- 1682,] cranfield's COMMISSION. 441 ment, to be obedient, aiding and assisting unto you the said Edward Cranfield, in the execution of this our commission, and of the powers and authority therein contained. And we do hereby further give and grant unto yeu full power to constitute and appoint, and cemmissionate any fit person to be your deputy within eur said Province under your command, whom we do order and appoint to be ef eur Coun cil, and do hereby grant unte him full power and authority to do and execute whatsoever he shall be by yeu authorized and appointed to do, in pursuance of and according to the pow ers and authorities granted unte you in this eur commission ; and we de likewise authorize and impower you te remove and displace such deputy appointed by yeu as yeu shall choose ; and in case you shall happen te die, and there be ne other per son upon the place commissionated by us to be Commander-in- chief, our will and pleasure is that the then present Council of New-Hampshire do take upon them the administration ef the government and execute this commission, and the several pow ers and authorities herein contained, and that such councillor who shall be at the time ef your death residing within eur Prov ince of New-Hampshire, and nominated in this our commission before any other at that time residing there, de preside in our said Council, with such powers and preheminensesjs any former president hath used and enjoyed within our said Province, and if there be no deputy appointed by yeu er ether person upon the place comissionated by us to be commander-in-chief, our will and pleasure is that our said Council shall likewise take upon them the administration of the government until you shall arrive at our said Province. And whereas several ef the inhabitants ef the said Province of New-Hampshire have been seme time, and now are, in the possession of several quantities of land, and are said to have made considerable improvements thereon, having ne title fer the same, or such pretended title only as hath been derived from the government of Massachusetts Bay, in virtue of their imaginary line, which title, as it hath, by the opinion ef eur judges in Eng land, been altogether set aside, se the agents duly empowered by our said colony of the Massachusetts Bay have consequently disowned any right, either in the soil or government thereof, 442 PROVINCE PAPERS. 1682.] from the three miles line aforesaid, and it appearing unto us that the ancestors ef Robert Mason, Esq., obtained grants from our great Council, established ef Plymouth, fer the tract of land aforesaid, and were at very great expense upon the same, until molested and finally driven out, which hath occasioned a last ing complaint fer justice by the said Eobert Mason, ever since our restoration; however, te prevent in this ease any unrea sonable demands which might be made by the said Eobert Mason fer the right he claimeth in said soil, we have obliged the said Eobert Mason, under his band and seal, to declare that he will demand nothing for the time past, until the four-and- twentieth day ef June, which was in the year ef our Lord Ged one thousand six hundred seventy and nine, ner molest any in their possession for the time te come, but will make out titles te them and their heirs forever, provided that they will pay unto him, upon a fair agreement, in lieu of all other rents, six pence in the pound, according to the just and true yearly value of all houses built by them, and of all lands, whether gardens, orchards, arable or pasture, which have been improved by them, which he will agree shall be bounded out unto every ef the par ties concerned, and that the residue may remain unte himself, to be disposed for his best advantage; but if, notwithstanding the said overture frem the said Eobert Mason, which seems to be fair unto us, any ef the inhabitants ef the said Province of New- Hampshire shall refuse to agree with the said Eobert Mason or his agents, upon the terms aforesaid, our will and pleasure is, that you shall have power, and you are hereby empowered te interpose and reconcile all differences, if yeu can, that shall or may arise between the said Robert Mason and the said in habitants; but if you cannot, then wede hereby command and require you te send into England such causes, fairly and impar tially stated, together With your opinion and reasons upon the same, that so we, our heirs and successors, by and with the ad vice ef eur and their privy council, may determine therein, ac cording to right ; and lastly, we do hereby declare and appoint that you, the said Edward Cranfield, shall and may hold, exe cute and enjoy, the office and place of eur Lieutenant-Governor and Commander-in-Chief, in and ever eur Province and Plan tation ef New-Hampshire, together with all and singular the 1682,] cranfield's COMMISSION. 443 powers and authorities hereby granted unto you, for and dur ing our pleasure ; aud we de hereby further declare our will and pleasure to be, that our commission, bearing date the eigh teenth day of September, one thousand six hundred seventy- nine, de frem thenceforth cease, determine, and become ut terly void. In witness whereof we have caused these our letters to be made patents. Witness ourself, at Westminster, the ninth day ef May, in the four-and-thirtieth year of our reign. Barker. Instructions to Edward Cranfield. 1. Yeu are not to suffer any public money whatsoever to be issued or disposed of otherwise than by a warrant under your hand; but the Assembly may be nevertheless permitted, frem time to time, to view and examine the accounts ef money or value ef money disposed ef by virtue of such laws as they shall make, which you are to signify unto us, as occasion shall serve. 2. And you shall observe, in the framing and passing of laws, that ne fines, forfeitures and penalties be mentioned therein, to be appointed er become payable, otherwise than te us, eur heirs and successors, for the support of the government and to the informer, except in special cases. 3. And it is eur express will and pleasure that all laws whatsoever, fer the good government and support ef our said Province of New-Hampshire, be made indefinite, and without limitation ef time, except the sarae be raade for a temporary end, and which shall expire and have its full effect within a certain term. 4. And, therefore, yeu shall not re-enact any law which shall be once enacted by yeu, except upon very urgent occasion; but in no case mere than once without our express consent. 5. Yeu are, upon calling a meeting of the Assembly, te nominate aud appoint a fit person te serve you as your clerk; and you are to take care that he de furnish yeu with copies of all votes, orders and proceedings of the Assembly, as often 444 PROVINCE PAPERS. [1682. as you shall see cause, which yeu shall transmit unto us and our committee of trade and plantations by the first opportu nity, and duplicates by the next conveyance. 6. And whereas we think it fit, fer the better administration of justice, that a law be passed in the Assembly wherein shall be set the value of monyes, estates, either in goods or lands under which they shall not be capable of serving as jurors, our pleasure is, that the first opportunity, you prepare and enact one to the purpose. 16th King Charles the First, in the Statute Book, page 1108, section the 5th: — Be it likewise declared and enacted by the authority of this present Parliament, that, neither his Majesty nor Ms Privy Council have, or ought to have, any jurisdiction, power, or authority by English bill, petition, articles, libel, or any ether arbitrary way whatsoever, to examine er draw into question, deterraine, er dispose ef the land, tenements, here ditaments, goods, or chattells, or any of the subjects of this kingdom; but that the same ought te be tried and determined in the ordinary course of justice, and by. the ordinary course of the law. New-Hampshire. Laws raade by the Honorable, the Governor, with the advice and consent of the Council and General Assembly, held at Portsmouth the 14th ef November, 1682. 1. Be it enacted by the Governor, by and with the advice and consent of the Council and Assembly, and it is hereby enacted by the authority aforesaid, that justice and right be equally and impartially administered unto all men, not sold, denied, or carelessly deferred unte any. 2. Be it enacted, &c.. That whosoever shall commit adultery with amarried woman, er one betrothed te another man, both of them shall be fined: namely, ten pounds apiece; and shall wear two capital letters; namely, A D, cut out in a cloth and sewed upon their uppermost garments, on their arm or back J 1682.] PROVINCE LAWS. 445 and if, at any time, any person se offending shall appear with out the said letters, he or she shall be liable to pay a fine of five pounds as often as the offender shall be se found. 3. Be it enacted, &c., That if any man commit fornication with any single woman, they shall both be punished by paying each a fine net exceeding five pounds ; and in case any com mit carnal copulation after contract, before marriage, they shall be amerced fifty shillings apiece. 4. Forasmuch as many persons of late years have been and are apt te be injurious to the lives and goods of others, notwithstanding all laws and means to prevent the same, it is therefore enacted, &c., that if any person commit burglary by breaking open any dwelling-house, warehouse, er shall forcibly rob any person in the field or highways, such offenders shall, fer the first offence, be branded en the right hand with the letter B, er R ; and if he shall offend in the like kind a second time, he shall be put te death, or otherwise grievously pun ished, as the court shall determine. 5. Be it enacted, &c., That if any person in this Province shall be legally convicted of stealing or purloining horses, cattle, money, er ether goods of any kind, he shall be punished by restoring three-fold to the party wronged, and a fine not exceeding twenty shillings, or corporal punishraent, to be inflicted as the nature er circurastance ef the case may require. 6. Be it enacted, &c.. That whosoever shall steal, or attempt te steal, any ship, barkue, or vessel ef burden, er any public araraunition, shall be severely punished, according te the nature of such a fact, provide it extend not to life er limb. 7. Be it enacted, &c.. That whosoever shall profane the sacred and blessed name ef God, by vain swearing er cursing, shall pay a fine often shillings, er be set in the stocks an hour. 8. Be it enacted, &c.. That if any person, being sixteen years of age er upward, shall wittingly or willingly make er publish any lie, which may tend to the damage or hurt ef any partic ular person, or with intent te deceive er abuse the people with false news er reports, he shall be fined for every such offence ten shillings, or sit an hour in the stocks. 9. Be it enacted, doc. That whosoever shall be found drunk shall pay a fine of ten shillinngs, or sit an hour in the stocks ; 446 PROVINCE PAPERS. [1682. and whosoever shall drink te excess, se as thereby te disguise himself, discovering the same by speech or behavior, he shall pay a fine of three shillings and four pence, or sit in the stocks half an hour. 10. Be it enacted, &c., Fer prevention of the prophanation of the Lord's day, that whosoever shall, en the Lord's day, be found to do unnecessary servile labor, travel, sports, er fre quent ordinaries in time of public worship, or idly straggle abroad, the person se offending shali pay a fine often shillings, or be set in the stocks an hour ; and for discovery of such per sons it is ordered that the constable, with seme other meet person whom he shall choose, shall, in the time of public worship, go forth to any suspected place within their precincts, te find out any offender as above, and when found to return their names te seme justice of the peace, who shall forthwith send for such offender, and deal with him according to law. 11. Be it enacted, &c., That whosoever shall speak contempt uously ef the scriptures, or holy penmen thereof, shall be punished by fine net exceeding five pounds; and whosoever shall behave himself contemptuously toward the word of God preached, or any minister thereof, called and faithfully dispens ing the same in any congregation, either by manifest inter rupting of him in his ministerial dispensatienj or falsely charging him with teaching error ; sueh offender shall pay a fine ef 20s., or sit two hours in the stocks. 12. Be it enacted, &c.. That if any person de willfully and on purpose, burn down any man's fence, he shall raake good the damage te the party wronged, and be amerced forty shillings, and be bound toy" geed behavior for six months. 13. Be it enacted, &c.. That whosoever shall willfully pluck up, remove, er deface any landmarks er bounds, between party or party, that hath been or shall be orderly made er set up, by persons thereunto appointed in the several towns, ho er they shall be fined net exceeding five pounds fer such offence. 14. Forasmuch as sundry dissolute persons are too ready to run into y" transgression ef such laws, unto which fines are annexed, andperhaps are se indigent as the paying of fines may be very injurious to themselves and families; be it therefore enacted, that every person so offending, not having five pound 1682.] PROVINCB LAWS. 447 ratable estate, according to the valuation stated by law ; er parents, or master or masters under whose government they are, that will forthwith pay the fine, shall be liable to be whipt : viz., for an offence where the fine does not exceed twenty [ten] shillings, 5 stripes; where the fine deth not exceed twen ty shillings, ten stripes ; where the fine deth net exceed five pound, twenty stripes ; and where the fine doth not exceed ten pound, thirty stripes or upward, net exceeding forty stripes. 15, Be it enacted, &c., That if any constable shall fail te clear his Province rates within his year, er such time as shall be lim ited him by the trustees er overseers ef the town, he shall be liable te have his estate distrained, by warrants from the treas urer directed te the marshal of the province, for the sum not gathered, and for all town rates made and committed te the constable, by the trustees or overseers ef the town, to be col lected within the time limited, the constable failing of his duty herein shall be liable to have his estate distrained, by warrant frem the trustees, or overseers, directed to the marshal, for the sura not gathered. And where the constables ef the several towns are enjoined to clear their rates, en penalty of making good the same out of their own estates, it is ordered, that if any person er persons within this Province, rated, shall refuse te pay his rate er rates, and discover his own estate te the constable, he shall have liberty te seize the person and carry him to the next prison, there to remain till he pay the same, er give good security so to do. 16. For defraying the present charges arisen in the several towns, fer the suppert'of the ministers of the gospel, as also fer payment of the necessary expenses ef the Assembly men of each town, during their sitting, and ether necessary occa sions relating to the town ; 17. Be it enacted, &c., That the trustees or overseers, hitherto called selectmen, in the respective towns where they live, do make such rates upon all persons and estates in the several towns, to be forthwith collected by the constable, as may answer the occasions aforesaid, until further orders, that par ticular care be taken with reference te all arrearages of rates, that the same may be forthwith collected and paid to the per son to whom they are due. 448 PROVINCE PAPERS. [1682. 18. For defraying the public charges ef the Province, be it enacted, &c, that a rate be made ef four pence in the pound, upon all persons and estates within the Province, according to valuation thereof last set, and that the trustees or overseers in the several towns do forthwith effect it, committing the same into the hands of the respective constables, to be collect ed and transmitted into the hand of the Province treasurer, in the species at the prices following : viz. Mer'ble pine beards at any convenient landing place in Piscataqua river, at 26s. p. M. Ditto white oak pipe staves, at any con venient landing, where the constable shall appoint, at 50s. p. M. Ditto red oak pipe staves, ut supra, at 85s. p. M. Beafe, at 2d. per lb. Poarke, at 8d. per lb. Indian corne, at Ss. per bush'll. Wheate, at 5s. per bush'll. Pease, at 4s. per bush'll. Malte, at 3s. per bush'll. ffish, at price current. 19. And whosoever will pay their rates in money shall be abated one third part: The said rate being paid into the treasury, that comes net in money, te be converted into money, and applied to the uses following : viz., a present of two hundred pounds, in money, to our honored Governor, as soon as the said rate can be collected and converted into money, and the remainder te answer any other province [purpose ?] that doth and may arise. 20. Per bringing plenty ef money into the Province, by put ting a value en foreign coin, be it enacted, &c, that the several sorts ef foreign coin herein after named, shall pass here in all payments at the value here set upon thera ; that is te say, the price of eight ryalls ef Spain, er dollars of Seville, Mexico, and pillar and all lesser pieces, provided they be good silver, at six shillings eight pence pr, the ounce. Trey weight, provided that all raonyes payable upon former contracts be paid in specie according to agreement. 1682,] cranfield's ADMINISTRATION. 449 21. Whereas a bill was lately passed for regulation of the choice of jurors, assembly men, trustees, er overseers for the respective towns, and it appearing that the manner of choice of jurors therein expressed is absolutely contrary te the known laws and statutes of the kingdom ef England, Be it there fore enacted by the Honorable Edward Cranfield, Esq., Lieu tenant Governor and Commander-in-Chief of his Majesty's Province, with the advice and consent ef the Council and Gen eral Assembly thereof, and it is hereby enacted by the author ity aforesaid, that the clause in the said bill relating te the choice ef jurors be repealed, and that fer the future, jurymen shall be empaneled by the sheriff or marshal of the Province for the time being, and summoned and returned to the court of pleas, as it is customary in England and all ether his Majesty's plantation ; and whosoever is legally returned ef the jury, and appears net, and this appears by the oath of the marshal, shall pay twenty shillings for this default, unless sickness or other necessity prevent, such as shall give the judge satisfaction. 22. That ne person may be a loser through the officer's neg lect, Be it enacted that no marshal, constable, er other officer, shall bail any person that he hath attached, without sufficient security: viz,, one or more that is settled inhabitants in the Province, and that hath a visible estate te be responsible according to the bonds required, provided no man's person be imprisoned that shall tender to the officer sufficient security by his own estate to answer the attachment, unless in such case where the law allows neither bail ner main-prize, 23, Be it enacted, &c.. That any person who is plaintiff in any court within this province shall have liberty at any time before verdict given te withdraw his action, in which case he shall pay full costs to the defendant. 24. Be it enacted, &c.. That if any person de raake default of appearance in any court where he is plaintiff, having been three times distinctly called by the marshal or other officer appoint ed thereto, he shall be nonsuited and liable te pay the defend ant costs ; and if the defendant fail te make his appearance, if it appears by the process that goods were attached, or surety or sureties bound for his appearance, after the surety hath been 29 450 province papers. [1682. three times called, the cause shall proceed to trial ; and if judg ment be given for the plaintiff, execution shall issue forth against the defendant, and the surety or goods attached shall stand geed for a month after judgment; but if the execution be not levied within one month after judgment, the goods at tached or sureties shall be discharged. 25. Be it enacted, &c.. That every justice of the peace in the respective towns where he dwells shall have power hereby to hear and determine any civil action where the debtor's damages exceed not forty shillings, provided attachments and summons are made out or signed by the clerk of the court of pleas for the' time being; and it shall be lawful for the party aggrieved by such determination to appeal to the next court of pleas, or to the Governer and Council, giving security to prosecute such appeal, and abide the order therein. 26, Be it enacted, &c.. That all summons and attachments shall be served six days before the court where the case is to be tried, and the cause er grounds of the action shall in the said process be briefly declared, and in what capacity the plaintiff sueth, whether in his own narae, er as assignee, guardian, executor, administrator, agent, er such like, or in defect thereof, if ex ception be taken before parties join issue, it shall be counted a legal bar, and the plaintiff shall be liable te pay cost, but no circumstantial errors in a summons or attachment where the person and cause intended may be rationally understood, shall be taken as a sufficient ground for a nonsuit. 27. Be it enacted, dec. That any person attached, desiring to prevent further charge, shall have liberty, at any time before the sitting of the court where he is te answer, upon notice given to the plaintiff or his attorney, te appear before the judge and clerk ef the said court and acknowledge judgment, which shall stand geed and valid in law, provided that the gee4s attached or sureties bound shall net be discharged till a month after the acknowledgment ef such judgment, unless the creditor give under his hand that he is satisfled; provided, also, such acknowledgment of judgment, by any person or persons not inhabiting within this province, shall not free them unless they produce a sufficient surety that he is a settled inhabitant with- 1682.] cranfield's ADMINISTRATION. 451 in the limits of this Province, to engage with him or them in the acknowledgment ef the said judgment and execution, to stand good against the surety for a full month after. Vera Copia frem the original laws. Attest: .Richard Chamberlain. The King's order concerning Mason's Claim. [Prov. Eec, B. 1, p. 47.] Charles E. Trusty and well beloved : We greet you well. There having been long depending before me the petition and complaint of eur trusty and well beloved subject, Eobert Mason, Esq., rep resenting the great hardships and injuries he has fer many years suffered by being opposed in the prosecution ef his right by eur corporation of the Massachusetts Bay, and by them wrongfully kept out of possession of a tract ef land lying between the rivers ef Naumkeag and Merrimack, and three miles northward thereof, granted unte him by virtue of letters patent from eur royal grandfather, of blessed memory ; and whereas we have received the opinion of our attorney and solicitor general, that the said Robert Mason, who is grandson and heir of John Mason, has a good and legal title to the lands conveyed te him by the name ef the Province ef New-Harap shire, whereupon we were pleased to refer the raatter in differ ence between our said corporation and the complainant unto the Lords Chief Justices of our court of King's Bench and Common Pleas, who have presented us with their report, set ting forth that all parties appearing before them, William Houghton and Peter Buckley, Esqs,, your messengers and agents, had disclaimed title te the lands claimed by the peti tioner, and that it appearing to them that the said lands were then in the possession of several ether persons, not before them, so they deemed it most proper to direct the parties to have recourse to the judicature settled upon the place fer the deci sion ef any question of property, until it sheuld appear that there is just cause of complaint against our courts of justice there, for injustice or grievancy : Te .the end, therefore, that justice may be administered with the most ease and the least expense to all the said parties who shall see cause to defend 452 PROVINCE PAPERS. [1682. their respective titles, we have thought it fit hereby to signify eur pleasure unte yeu, that the said Eobert Mason be forth with admitted to prosecute bis right before the courts ef judi cature established within the limits of that, our corporation, and that in all cases where the said Robert Mason shall claim any improved lands and that the shall dispute his right, a trial at law may be , wherein ne person who has any lands in the servants or tenants under him , which shall be so [Imperfect]; and if it shall se happen that the dispensation of justice hereby directed shall be delayed by yeu, or such judgment given wherein the said Robert Mason shall net acquiesce, he may then appeal unto ub in our Privy Council, and that all persons concerned be obliged to consider such appeal within the term ef six months after the same shall be made. And forasmuch as your said messengers have, in your name, disclaimed before the Lord Chief Justice as aforesaid all title te the lands claimed by the said Eobert Mason, our further will arid pleasure is, that in case the said Robert Mason shall lay claim to any par cel of lands situate within the bounds aforesaid, which are not irapreved or actually possessed by any particular person or tenant in his own right, you can therefore proceed te put the said Robert Mason into possession of these lands, and cause his title te be recorded, so that he raay net receive any further disturbance thereupon. And in case yeu shall refuse se te de, and shall net show good cause te the contrary within the space of six months after demanding the possession se to be made by the .said Rob ert Mason, we shall then, without further delay, take the whole cause ef the said Robert Mason into our consideration in our Privy Council, with the damages sustained by him in rea son thereof, and shall give judgment upon the whole matter, as in a case where justice has been denied. And to the end the said Robert Mason may not be any way hindered in the prose cution ef his right, we de strictly charge and command you to secure him, his servants and agents, frem all arrests and molestation whatsoever, during his or their abode within the limits of your jurisdiction, we having granted him our royal protection until the matters complained of by him shall be 1683.] cranfield's ADMINISTRATION. 453 fully determined. And so expecting your ready obedience to our commands, hereby signified unte yeu, we bid yeu farewell. Given at our Court at Whitehall, the 23d day of June, 1682, in the four and thirtieth year of our reign. By his Majesty's command, L. Jenkins. Vera copia from the original. Te eur trusty and well beloved, the Governor and Company of our Colony of the Massachusetts Bay, in New-England. New-Hampshire in New-England. [Prov. Eec, B. I,^p, 77.] I, Eichard Chamberlain, Esq., Justice of the Peace, fer his Majesty's said Province, de humbly testify, that Wra. Vaughan, Esq,, ef Portsmouth, in the said Province, and Eichard Wal dron, of Portsmouth aforesaid, merchant, on the first day of November instant, came te me te make oath in relation te Mr. Mason's conveyance (te the Governor) ef this Province, which I was ready to take, having been appointed thereto by the Governor, according to the letter ef the Right Hon'ble the Lords of the Committee for trade and plantations; and the - - copy is the matter and substance ef what they said they would depose; save only the last words (but for what term they do net remember), which, because I told them was necessary to be inserted in their deposition, I having asked them (for y' clearing ef truth) fer what term y' conveyance was, and whether absolute er conditional, and they (or one ef them) answering he had forget. They both left the room immediately refusing to be sworn. And notwithstanding I was ready & made it my sele business, both te give the complain" copies of any Records or Papers in my custody, w'soever they should desire (and had so done to several of them) as also to take the depositions ef many of them summoned and near at hand, yet net one of them offered to be deposed as witnesses, but went away presently with the s'' Yaughan & Waldren. Besides, tbey have net since made any complaint to the Gov', ner proceeded te make any other proof. And the Governor ordered me to tell them when they sheuld come to me again, 454 PROVINCE papers. [1683. y' they sheuld have copies of the above s* conveyance to y' Gevern' from Mr. Mason, for payment of £150 per an. fer 7 years toward his allowance, y' s* deed bearing date y' 20th June, 1682. And the Govern' deth reraeraber, he teld seme of thera the term for which the s* Mason conveyed the s* Prov ince, was for one & twenty years. Indorsed — " Chamberlain's certificate concerning the oath tendered to Wm. Vaughan, &c., relating to Mason's conveyance to the gover', 1683." Fees of Court. [Prov. Eec, B. I, p. 50,] To the judge, fer every action, 4s. Te the assistants, each, Ss. To the prethonetary, or clerk, 2s. 6d. Te the provost marshal. Is. To each juryman, Qd. To the beadle, Qd. Te every justice of peace for every action before him, 2s. Fer every execution thereon, 2d. To the treasurer, fer entering ef vessels, ships, sleeps, &c., l5, Fer clearing the same. Is. For all monies issued out and received, for every pound. Is. For copy of casket, 6,;;. Te the captain ef the fort, per annum, 20Z. Fer every vessel passing the fort. Is. To the auditor of the king's revenue, fer every pound audited, g^ To the secretary, per annum, lO;. Upon a fine of a delinquent, 2s. Qd. Upon admonition, 2s, 6^^. Eeasons of appeal, 2s. Answers te reasons of appeal, 2s. Judgment conferred, 2s. For every probate of a will, ls_ 1683.] cranfield's ADMINISTRATION. 455 For registering every deed, bill of sale, bond, exe cution, &c., as formerly Capt. Stileman had. For copies (as formerly), every person, Is. For every attachment. Is. Por every summons, Qd. Por every execution, , 2s. For every ordinary petition to the Council or Court, Is. Fer every name mere than one, Qd. Fer every petition to rerait er mitigate a fine, &c., 2s. Fer every evidence filed, 3d. Attesting before the Council, &c.. Is. Order of Council, Is. Copy of such order. Is. Te the provost marshal, for every attachment, 2s. Te the prison keepers, apiece, 41. To the provost marshal, fer levying execution of lOZ. and under, in Portsmouth, per pound. Is. Frem 20Z. te 50?., Qd. in the pound, besides the former lOZ., Qd. And fer every pound levied above 50^ and under lOOZ., for every pound above 50Z., Sd. And fer every lOOZ. and upwards, for every pound above lOOZ,, he shall take, Id. Allowed by the Governor in Council, January 19, 1682-3. R. Chamberlain, Sect. BY THE GOVERNOR. New-Hampshire. For prevention ef disturbance by unlawful assemblies and meetings, such as we have tee lately experienced, and such as may for the future arise to the terror ef his Majesty's subjects within the said Province : Ordered, That the trustees or over seers of the respective towns therein, or others, presume not to call any public meeting about any town business, or on other pretence whatsoever, without leave first obtained from the jus tices er justice ef the peace of the said respective towns, upon 456 PROVINCE PAPERS. [1683. just representation ef the necessariness ef such town or public meeting, on such penalty as the law directs, te be inflicted upon unlawful assemblies. Dated the 3d day of March, 1682-S. Superscribed, To the Constable of Portsmouth. To be published. The deposition of Cobbit, aged about 30 years or thereabout, testifieth : that I, being in the house of ray father-in-law, John Lewis, on Saturday night last, about nine or ten of the clock, that then Mr. Joseph Eaynes came in to the aforesaid house, who was kindly entreated to sit down, but having, as supposed a design te quarrel, began to abuse ray father Lewis, and teld him Mr. Mason was coming, and a governer with him, and new he sheuld see Major Waldron and seme ef the rest turned out, and he hoped to have as rauch power as any man upon the island ; also, that here was a man come in this ship which would buy the whole island, and our houses over our heads ; at which my father Lewis laughed, and told him he sheuld net take his house from him, nor ne man else. To which said Raynes answered that he was a feel, and he had ne mere to do with his house than he had himself But my father, net wil ling te quarrel with hira, desired him in loud te go out ef his house to his lodgings, and net abuse him in his own house, saying if Mr, Mason was here himself he would scorn to say so much. But Mr. Eaynes teld him he was a fool and a puppy, and he would net go out of the house for him, ner he would not held his tongue, and gave him several abusive words; at which myfather wentte force him out, but said Raynes took him by the hair of the head and pulled him to the ground. Then I presently stepped in between them to prevent any further mis chief, though it happened otherwise, for my wife, being in a fright, held up her hands te defend the blows that were pass ing, and received a blow which broke the thumb ef her right hand, and it is feared by the surgeon that she will lose part ef her thumb ; but with much te do I get him out of the house, 1683.] cranfield's ADMINISTRATION. 457 and shut the doer, though he would have fought hiraself in again, threatening mischief te these in the house. And further saith not. Sd October, 1682. Abigail Chandler made oath to all above written. Before rae : Elias Stileman, Deputy President. The above said deponent, Thomas Cobbit, was sworn to the truth ef the abovesaid deposition, before the Council, this 2d October, 1682. Teste : Eichard Chamberlain, Secretary. [Court Papers, Eeg. office,] [P, Eec, B. 1, p, 48,] October 23, 1682. Ordered by the Governor, — That Eichard Chamberlain, Esq., have the registering or recovering ef all bills and deeds ef sale, mortgages and bills, all which are hereby te be se recorded as perquisites and appertaining to his office ef law and clerk ef council; and also, that he be clerk ef all the courts of judica ture held within this Province, and have the entry of all actions, appeals, judgments, and the making of all process, writs of at tachment, and other writs and executions, and de all ether acts relating te the said courts, during the pleasure ef the Governor. Vera copia from the Council book. Teste : E. Chamberlain, Secretary. [Prov. Eec, B, I, p. .53,] To the Hight Honorable Edivard Cranfield, Esq., his Majesty's Lieutenant and Governor for the Province of New-Hampshire, The petition ef us, whose names are underwritten : Humbly sheweth — Whereas, we conceive it is the laudable custom ef civil, and much more christian nations, to have ten der respect to the decrepit, by age, we, your Honor's humble petitioners, being sundry of us about and above seventy years of age, seme ef us above eighty, others near ninety, being past our labor and work, de crave that favor, if your Honor see meet, that we may be freed from head raoney, we being heart ily willing our estates should pay their proportion to all public charges, but we humbly crave eur heads may be spared, since 458 PROVINCE PAPERS. [1683. our hands can do se little for them. We also humbly suggest that some of us, that lived long in England, remember not that we paid any thing for our heads, though we did for our estates. All which we present te your Honor, craving pardon for our boldness ; and if your Honor, out ef your clemency, shall see cause to favor us in eur request, we shall net cease heartily te pray for your Honor, and remain. Your aged and humble suppliants, John Marion, Christopher Hussey, Robert Smith, Henry Roby, Moses Cox, Thomas Masting, Morris Hobes, William Fifield, Godfrey Dearborn, William Fuller, John Redman, Thomas Sleeper, John Drown, Abraham Perkins, Isaiah Perkins, Thomas Leavitt, Anthony Tabor, Anthony Stanyan, John Clifford. Hampton, March 2d, 1683. [P. Rec, B. I, p, 43,] The deposition of William Waldron: That on y° day Mr, Edward Gove was at Dover, he overtook me upon the read and asked of Joseph Beard what my narae was. He answered, it was Waldron, He said there was none good of that name. He asked me what we thought the Governor would do with you? I answered, he would make honest men of them, I answered again, I did not know what he would make of him. Going along with him, he discoursed of his design, that he was minded to raise a party of raen to stand out against the Gov ernor. He had been at Exeter and Harapton, and he could find but sixteen or seventeen men that would stand out against him, and they would raeddle ef ne side. Then I teld him of a 1683.] cranfield's ADMINISTRATION. 459 sermon that I heard of, that Mr. Moody preached at Dover, and his text was, " In the time of adversity consider." I told him of a boy that went to an apothecary's shop te buy a penny worth ef wit. The apothecary man wrote him a paper : "con sider before hand what will come after, and you will never do amiss," He said my counsel was good, but we have considered a fortnight's time already. He informed a man at the spring at the Bank, and when he heard the news he rejoiced at it as if it had been a man risen from the dead, or words te that effect. Afterwards I met with Mr. Peter Coffin at his own gate. He asked what news I heard. I answered him, you heard all the news by the man. He said he heard none. Asked me what I heard ? I told him I understood by the man that he was minded to raise a party of men to stand out against the Governer. Mr. Coffin's answer was, Poh ! peb ! he would not believe it. Afterwards, being examined by Col. Waldron and Mr. Coffin, the colonel asked me why I did not come and inform him. I answered him I did not use te come to his house. Mr. Coffin was the next magistrate and I in formed hira. Mr. Gove did further say that the eld officers should stand geed and that the court sheuld be kept at Dover, and ether words to that effect. Will. Waldron. Sworn before the Governor and Council, March S, 1682-3. By order : E. Chamberlain, CI. A letter from Edward Gove, in prison, to the Justices of the Court of Sessions. [Par. Belk,, pp, 99, 100,] Frora the Great Island in Portsmouth, in New-Hampshire, 29 January, 1682-3. To the much hen'd Justices of the Peace, as yeu call your selves by your indictment, in which eleven men's names sub scribed : namely, Ed. Gove, John Gove, Je. Wadly, John Wad- ly, Eob. Wadly, Ed. Smith, Will. Ely, The. Eawlins, John Sleeper, Mark Baker, John Young, Gentlemen, excuse me. I cannot petisien you as persons in authority, by the name of Justises of the peace, fer new I am upon a serious account for 460 PROVINCE PAPERS. [1683. my Life and the Life ef these that are with me. Therefore pruy consider well and take geed advice of persons in Govern ment, frem whence you came. I pray God that made the Heavens, the earth, the sease, and all that in them is, to give you wisdom and courage in your places, to discharge such duty as God requires of you ; and secondly, I heartily pray God to direct you to de that which eur grasieus king Charls the Second, ef blessed memory, requires ef yeu. Gentlemen, it raay be I may be upon a mistake, but, according to what I know and believe, I am falsely indited, and I am abused not withstanding by another Inditement, by being in irons, by Capt, Barefeot's order, which irons are called bilbese, exceed ing large. Pray consider we are raen like yourselves, made ef the same earth, and I know who made the difference. And I verily believe that the holy righteous just God will have an account ef you fer your justis in this matter. Pray consider. When this last change was, I writ to one man in this Province, I teuld him we were a happy people, if all was right in the Bottom. Time was that I said all was right in the bottom. I believed it, but now I see otherwise. Who knows what shall be on the morrow ? Though it bee appointed a solemn day of fasting, I know that when it was appointed there was not the election of cries and tears that will appear when the day comes. If ever New-England had need of a Selemen, er David, er Moses, Caleb er Jeshua, it is now. My tears are in my eyes. I can hardly see. Yet will I say I de believe hew it will com. You and they with siths and groanes, must outdo the ministry. The Minis try must endeavor to outdo you, but if you and they do any thing in hipocrisy, God will find you out, and deliverance will com seme ether way. We have a hard prison, a geed keeper, a hard Captain, irons an inch over, five feet and several inches long, two raen locked together; yet I had, I thank Ged for it, a very good night's lodging; better than I had fourteene or fifteene nights before. I pray God direct yeu and let me hear frem you by a messen ger that your Honors shall imploy, and consider I am your Honors' humbly servant, in all duty to be commanded. Edward Gove. 1683.] cranfield's ADMINISTRATION. 461 I know those that will have a blessing frem God must endeavor te stand in the way of blessing. This dectrin I heard about 32 years ago. Edward Gove. Excuse anything wrote amiss, fer the Lord's sake, I would yeu all were as I am, and as fitt te receive reward fer innesency. I humbly beg your prayers te Ged in eur behalfe. Edward Gove. If anything be amiss in what is written, let the subscriber bear the blame, for the rest are surprized with fear. Edward Gove. I humbly and hartily desire some ef your Honers would speak to Mister Meedy, te pray to Ged in the behalf of all his peer prisoners, the world over, and espesially for us before named, the men ef this Province, who ly under heavy burdens. Edward Gove.* * One person, Edward Oove, a member of the Assembly, from Hampton, endeavored in a half-crazy manner to excite the people to arms, but how ever much they were dissatisfied with the Government they had no sym pathy with Gove's wild proceedings. His attempt failed entirely. He himself was brought to trial on an accusation of high treason. A special court was created 15 Peb'y, 1682-3, of which Waldron was Judge. Gove was convicted, being the first and last raan convicted of high treason in the State of New-Hampshire, and the horrible sentence of the law was passed upon bim by Major Waldron ; it is said that the Judge shed tears as he pronounced the sentence, which was as follows : " That he should be carried back to the place from whence he came, and from thence be drawn to the place of execution, and be there 'hanged by the neck and cut down alive, and that his entrails be taken out and burnt before his face, and his head cut off, and his body divided into four quarters, and his head and quarters disposed of at the king's pleasure," " Gove was not executed, but carried to England and confined in the Tower of London several years, when he was finally pardoned and per mitted to return home, and his estate was restored to hira. The house in which he lived, or some portion of it, is still standing in Seabrook, form erly a part of Hampton, and a pear tree, which tradition says he brought with him from England, is yet flourishing in a "green old age" on the premises. He did not live many years after his return, and always con tended that a slow poison had been administered to him while in prison. His descendants are numerous in Seabrook, Hampton, and other parts of the State," Hist. Mem., Jfo. 110. A. H. Q, 462 province papers. [1683. [Prov, Eec, B, I, p, 58,] I, Edward Cranfield, in pursuance of the royal commission and instructions, do hereby pardon and remit unto John Gove, of Hampton, in the said Province, laborer, one of the persons convicted of high treason at the said court, held by special commission of oyer and terminer : viz,, the first day of Febru ary, last past, in the year of eur Lord God 1682, all his crime and offence of treasons and conspiracies, and all penalties and forfeitures fer the same. Given under my hand and the seal ef the Province, the day of in the six-and-thirtieth year of the reign of our sovereign lord, Charles the Second, king of England, &c,. A, D. 1683. The like pardon was granted under the Province seal to John Wadley, mutatis mutandis, and te William Holy. The pardon ef John Sleeper was to the same effect, only omitting these words (and all penalties and forfeitures). New-Hampshire. To Capt. Phillip Cromwell. Whereas you are commissioned to be captain ef the foot company ef Dover, yeu are hereby required and empowered to call together to your rauster all such persons as have here tofore mustered in the town of Dover, and all such other per sons as yeu shall think fitting te bear arms, frem the age of sixteen,years to sixty years, and to distrain upon such as shall make default in neglecting te appear at the said muster upon due notice, aecording te law and custom. And for se doing this shall be your sufficient warrant. Given under my hand, at Great Island, the 9th of June, 1683. By order : E. Chamberlain. Deposition of Walter Barefoot. [Coll. N. H. Hist. Soc, II,, p. 195,] In the latter end of February last, at which time our honor able Governor, Edward Cranfield, Esq,, resided at my house on the Great Island in Portsmouth, in the Province of New- 1683,] cranfield's ADMINISTRATION. 463 Hampshire, came William Walderne to my said house, and informed me his uncle Walderne was getting a party of men to come to said Island, and bid me to leek te ourselves, by reason of a paper which our Governer had caused to be set up at Dover, concerning Mr. Mason's title. And at another tirae said William Walderne came as above te my house, and teld me it was reported at Dover he had taken an oath against his said uncle, and Mr. Pike came to him, said William, and chid him fer se doing ; to all which I affirm te be truth. The said William Walderne did inferrae rae all the above. Witness my hand this 30th of July, 1683. Walter Barefoote.* The above written Walter Barefoot was sworn to the truth of the above written, at the Quarter Sessions of the peace, held at Geat Island the 7th ef August, 1683. E. Chamberlain, Clerk of the Peace. New-Hampshire. [Prov. Eec, B. I, p. 61.] By the Governor and Council. Whereas the Parliament of England hath, for the good and welfare of his Majesty's said kingdora of England, in their wisdom thought fit te raake good and wholesome laws for the encouragement of trade and navigation, and the increase of shipping; by the means whereof the wealth, safety and strength of his Majesty's dominions are likewise increased; and for the better observation ef these laws, his Majesty, out of his princely wisdom and care of his good subjects, the merchants and mariners, hath, in pursuance thereof, net only directed his royal proclamations te all his government, strictly requiring and commanding them te give due observance to the said laws, but particularly and frequently his letters to the colony ef the Massachusetts Bay, fer the regulation of the abuses in the premises : * This deposition is from the original, in the hand-writing of Walter Barefoot. 464 province papers. [1683. Notwithstanding all which the said colony have, instead of discountenancing all persons that have infringed the said laws and acts, protected and encouraged them in their illegal importations, and made their ports places ef reception fer all foreign prohibited commodities, net only as te what hath been consumed within their own jurisdiction, but by the sleeps, under pretence ef loading timber (which we find very injuri ous te the trade in this Province), drawing all the ships to Boston, and thereby supplying all the neighboring colonies, totally te the discouragement ef English merchants and mari ners; and this by experience we know, having made seizure and condemnation ef seme prohibited commodities, coming from Boston. New, forasmuch as the Governer and Council of his Majesty's said Province of New-Harapshire think our selves in duty bound, net only to observe his Majesty's said laws ourselves, but also te use all the care and diligence to prevent the said abuses and discountenance them in others ; we therefore, his Majesty's said Governor and Council, have thought fit, for the said reasons, of the breaking of the said acts ef trade, and for the benefit ef the same, and the advan tages that will accrue te this Province, te restrain, and we do hereby restrain and prohibit the sloops and vessels coming from the colonies to the Massachusetts Bay, under the burthen of one hundred tun (unless allowed and licensed by the Gov erner, by a writing under his hand), from leading any boards er timber in this Province, under forfeiture ef such sleeps and vessels, from and after the first day of April next ensuing the date hereof And for the encouragement ef shipping and navigation ef the raerchants and seamen ef England, it is hereby Ordered, That for the space of three years next te come (unless his Majesty shall please te raake any alteration hereof) all vessels coming frem all other his Majesty's plantations, of what burthen soever, shall have free liberty te lead and carry away any boards, timber, er ether commodities, te any other his Majesty's plantations, only paying the usual rate fer powder, as is and has been usually paid in Barbadoes. Dated the 22d of October, in the 35th year of the reign of our sovereign lord Charles the Second, king ef England, A. D. 1683. 1683.] cranfield's ADMINISTRATION. 465 [Prov. Eec, B, 1, p, 54,] These are to certify. That upon my being made Governer of the Province of New-Hampshire, in New-England, his Majesty was graciously pleased, by an order in Council, of the twenty- fifth of January, one thousand six hundred eighty and one, to the Lords Commission" ef his Majesty's treasury, te make an augmentation te my allowance as Governor of the said Prov ince; and among other things ordered Sir Eobert Sawyer, Kt,, his Majesty's attorney-general, and ethers ef his Majesty's council, learned in the law, to settle as well all the fines and forfeitures, and one fifth part ef the quit-rents was then surrendered to his Majesty in Council by Robert Mason, Esq,, the proprietor ef the said Province, by a grant derived frem his Majesty's royal grandfather. The surrender was graciously accepted by his Majesty frem the said Mr. Mason, as lawful proprietor of the said Province, and the deed was acknowl edged and enrolled in his Majesty's high Court ef Chancery. Given under my hand this twenty-fourth day ef September, one thousand six hundred eighty-three. Edward Cranfield. Vera copia from the original. Teste : Eichard Chamberlain, Secretary. To the Honorable Deputy Governor and Council of the Province of New-Hampshire in New-England. Joseph Dew, of Hampton above said, wisheth all happiness, having received certain intelligence, since the last quarter sessions, that a bond formerly obliging me to appear at the Quarter Sessions' held in May last, that the said bond was by seme means er ether continued te the quarter sessions, holden in August, and at the court declared to be forfeited; the which if it be so, it may tend te the utter undoing, both of myself, my wife and nine children ; and I, verily believing that yeu are the persons that I was obliged to make ray case known unto, that hereby you might have an opportunity to ease my just grievances, I shall, as briefly as I can, declare in truth and soberness my case, as it is, as followeth : 30 466 province papers. [1683. 1, There was a complaint made against me and others at the Court of pleas last in March, as I remeraber by Edward Randolph, Esq, The said coraplaint he would not then pros ecute, although I declared in court I was ready then to answer it. 2, There was a bond written to bind me to appear at the Quarter Sessions in May, as the Secretary said, but it was net read te me, although I desired it to be read ; neither did I own said bond, ner was asked whether I would own it er not, by any body, and this I will affirm, in presence of God and before all men, is truth : Nevertheless, because I would give no occasion ef offence, I appeared at the quarter sessions, and when I was called I appeared, and desired I raight have a trial, A bond of one hundred pounds was then read, but no man appearing te accuse rae, or lay any thing to my charge, I desired I might be discharged or cleared. Answer was made that that should be dene which would secure me : that I shall come to ne damage ; upon which, Mr. Mason desired the secretary to enter, that Joseph Dew appeared at Sessions according te his bend. The Secretary took his pen and did write something. When he had done I desired, if it concerned me, that I might hear it read. The Secretary refused to read it. Then I informed Mr. Mason that I thought I ought to hear it read, upon which Mr. Mason desired him to read what was entered, but it was not done. Mr. Mason teld rae I should not need trouble myself any more about it; if it were not done he would see it should be dene. I might take his word fer it. Nevertheless, being a little unsatisfied, I informed Capt. Bare foot, then deputy governer, how it was, who answered me near the very same as Mr. Mason had done before : all which I hope he will well remember. The sum of what I desire yeu would be pleased to take into your consideration is, First: whether I could be obliged, by a bond which I did not hear read ner ever owned, nor was desired se te do. Secondly: When I did appear, according te the tenor ef said bend, whether I should net then have been condemned or cleared according to the Province law, page the fifth; "equal justice shall be done to all men," &c. Thirdly : Whether the bond 1683.] cranfield's ADMINISTRATION. 467 ought to have been continued without my consent or knowl edge. Lastly : The bend being declared forfeit, if it be so, the consequences that may happen thereupon, which may be the utter ruin of me, my wife and children, it being a matter of such concernment to me and my faraily. I hope I shall not be accounted an offender fer making ray grievances known to yeu. If Almighty God will hear the cry of the peer and afflicted, I hope you will net think much te condescend to do the sarae, that I shall leave the case te that of God in your consciences, which saith. Do unto all men as yeu would be dene unte; and shall subscribe rayself one who wisheth well te all men, Joseph Dow. The 20th ef the 6th month, 1683. New-Hampshire. To James Sherlock, gent.. Provost Marshal, or his Deputy : In his Majesty's name you are hereby required te attach the goods, or, fer want thereof, the body ef Elias Stileraan, of Great Island, in the said Province, Esq., and take bond of him of five hundred pound value, with sufficient surety or sureties fer his appearance at the Court of pleas, to be held at Great Island aforesaid, on the first Tuesday in November next ensu ing the date hereof, then and there to answer to the complaint of his Majesty's attorney-general in an action ef trespass, fer illegally keeping his Majesty out ef possession of certain houses and land in the Great Island aforesaid, comraonly called the Fort Point : To his Majesty's damage five hundred pound, or what shall justly appear. Fail not, and make your return according to law. Dated the 13th of October, 1683. R. Chamberlain, Prothon. New-Hampshire. To James Sherlock, gent.. Provost Marshal, or his Deputy : In his Majesty's name yeu are hereby required te attach the goods, or, for want thereof, the body of Eichard Waldron, of 468 PROVINCE PAPERS. [1683. Cochecho, in the precints of Dover, in the said Province, Esq., and take bend ef him of three thousand pound value, with sufficient surety er sureties for his appearance at the Court of pleas, to be held at Great Island, in the said Province, on the first Tuesday in November next ensuing the date hereof; then and there te answer te the complaint ef Robert Mason, Esq., proprietor of the said Province, in an action of trespass for illegally keeping him out ef possession of certain lands and tenements in Cochecho, Dover, and ether places in the said Province, and felling his weeds, te his damage, three thousand pound, er what shall justly appear. Fail net, and make your return according to law. Dated the Sth day of October, 1683. E. Chamberlain, Prothon. [Court Papers, Eeg. office.] New-Hampshire. [Prov. Eec, B. 1, p. 57.] By the Governor and Council. Whereas frequent complaints are made by the Merchants, inhabitants of Jamaica, Barbadoes, and Leeward Islands, and other his Majesty's plantations, te which pine beards are exported from this said Province, of the unreasonable thinness and uneven and wavy edge of beards, which, unremedied, may prove of great detriment te the trade ef the Provinces, and loss of that trade : It is, therefore, hereby ordered, that from henceforth no pine beards shall be accounted merchantable, or delivered in payment, that are not one full inch in thickness, and square edge. And if any beards ge out otherwise, such allowance shall be made unto the buyer er receiver thereof as shall be adjudged reasonable by a sworn surveyor, er collector, to be appointed for that purpose. Dated the 4th of October, in the 35th year ef the reign of our sovereign lord king Charles the Second, A. D. 1683. E. Chamberlain, Clerk Council. 1683.] cranfield's ADMINISTRATION. 469 New-Hampshire . [Prov. Eec, B. 1, p. 55,] At the Court of Pleas, held at Great Island, September 25, 1683: Whereas, by a statute made in the sixth year of the reign of Edward the First, King of England, it is enacted, that the tenant shall have ne power te make any waste er estrepement of the land in deraand hanging the plea; and whereas there is a plea or suit depending before his Majesty between Walter Barefoot, Esq,, and Eobert Wadley, fer certain lands, tene ments, and hereditaments, at Exeter, in this Province, the Court therefore, in pursuance ef that equitable law, deth hereby prohibit all and every person and persons to cut, fell, or carry away from any the said lands, any timber er legs, to be sawed into beards, er any beards er pipe-staves, er any ether sort ef timber, except firewood for the said Wadley's dwelling, until his Majesty shall have given his own final determination in the case, now depending upon appeal before his Majesty in council, whereof all persons are hereby required to take notice, and give obedience thereto, as they will answer the contrary. By order ef court ; E, Chamberlain, Prothon. To James Sherlock, gent., Prev. Marshal, or his Deputy, to see this injunction served. [Prov, Eec, B, 1, p, 38,] This indenture, made the twelfth day of April in the five and thirtieth year of the reign of our sovereign lord Charles the Second, by the grace of Ged king ef England, Scotland, France and Ireland, Defender of the Faith, &e,. A, D. 1683 : Between Robert Tufton Mason, Esq., proprietor ef the Province of New- Hampshire, in New-England, ef one part, and George Breugh ton, of Berwick, in the Province of Maine, gentleman ; Rich ard Otis, of Cochecho, within the present reputed precincts of Dover, in the said Province ef New-Hampshire, blacksmith ; and James Chadborn, of Berwick aforesaid, carpenter, of the other part — Witnesseth, that whereas the said Eobert Tufton Mason, by virtue of a grant frem king James, of famous mem- 470 PROVINCE PAPERS. [1683. cry, in the eighteenth year of his reign, is instated in fee ef all these lands, islands and rivers, lying between the rivers of Naumkege and Piscataqua, called New-Hampshire, and of all rights, loyalties and pre-eminences within the sarae : Now this Indenture further witnesseth, that the said Eobert Tufton Mason, for divers good reasons and considerations, him thereto especially moving, hath granted, bargained, sold, enfeoffed and confirmed, and hereby deth grant, bargain, sell, enfeoff and confirm to the said George Breughton, Eichard Otis and James Chadborn, their heirs and assigns, all that tract of land lying and being at the Salmon Falls, within the precinct of Dover, se reputed, en the west side thereof, to begin below the said falls and adjoining te Edward Taylor's land, and to run in length up the river three hundred and sixty pole, te the north west, and in breadth one hundred and twelve pole, containing by estimation two hundred and fifty-six acres, excepting out of the premises a convenient path er highway fer common use, if it shall be found needful ; also excepting and reserving out of this present grant te the said Eobert Tufton Mason, his heirs and assigns, all raines and minerals that shall be found or be within the premises hereafter; and all pine trees fitting fer masts of ships, of four and thirty inches through, te be measured ten foot frem the ground ; to have and te hold the said tract of land (except before excepted), to the said George Breughton, Eichard Otis and James Chadborn, their heirs and assigns, to the only use and behoof of them, their heirs and assigns forever; yielding and paying therefor yearly and every year forever te the said Eobert Tufton Mason, his heirs and assigns, the annual rent ef ten shillings ef lawful money, current in New-Bngland, and one shilling for every dwelling house (more than four), that is or shall be built upon the premises, on the feast ef St. John Baptist, and the nativity of our Lord Ged, by equal portions, without any abatement or defalcation whatsoever ; the first payment te be made on the said feast ef St. John Baptist, or the nativity ef our Lord Ged, which shall first happen after the determination of the interest or mill grant, granted the said Robert Tufton Mason te the said Breughton, Otis and Chadborn, by indenture bearing even date herewith ; and if it shall happen the said annual rent 1683.] cranfield's ADMINISTRATION. 471 of ten shillings and one shilling, or any part thereof, te be behind and unpaid by tho space ef twenty days next after either day ef payment aforesaid being lawfully demanded, that the said George Breughton, Richard Otis and James Chadborn, their heirs and assigns, shall forfeit and pay to the said Eobert Tufton Mason, his heirs and assigns, double the money se be hind and unpaid. And the said Eobert Tufton Mason, for himself, his heirs and assigns, doth hereby covenant with the said George Breughton, Richard Otis and Jaraes Chadborn, their heirs and assigns, that he, the said Eobert Tufton Mason, his heirs and assigns, the hereby granted preraises te the said George Breughton, Eichard Otis and Jaraes Chadborn, their heirs and assigns, against all persons shall and will warrant and forever hereby defend. And the said George Breughton, Richard Otis and James Chadborn, for themselves and either of them, their and either ef their heirs and assigns, de hereby covenant with the said Robert Tufton Mason, his heirs and assigns, that they, the said George Broughton, Eichard Otis and James Chadborn, their heirs and assigns, shall and will frem time te time preserve and keep the buttals and beundals of and upon any the hereby granted premises; and at the end of every ten years deliver to the said Eobert Tufton Mason, his heirs and assigns, a terrer* fairly ingressed, ef the said preraises, with the most known buttals and beundals ef the same. In witness whereof the parties have here.to interchangeably set their hands and seals, the day and year first above written. Eobert Tufton Mason, [^Proprietor's Seal^ Endorsed thus : Sealed and delivered in presence ef Walter Barefoot, Rich'd Chamberlain, Vera copia : Teste : Richard Chamberlain, Prothon. October 2, 1683. * "Terrar, a register of lands," — Web. 472 PROVINCE papers. [1683, New-Hampshire. [Prov. Rec, B. 1, p. 59.] By the Governor and Council. Ordered, That the respective constables within this Province de forthwith pay te the treasurer thereof all such monies as they have collected upon the Province four penny rate, and to forbear to collect any ether rate till the said Province rate be fully levied. Also, it is hereby Ordered, That they give in their accounts ef all monies by them collected, as well fer the Province as ether rates. Dated the 22d ef October, 1683. R. Chamberlain, Clerk of Council. New- Hampshire. [Prov. Eec, B, 1, p, 60,] To George Jaffrey, Constable of Portsmouth : Whereas William Vaughan, Esq., was lately committed te prison fer refusing te give security of five hundred pounds, fer the peace and good behavior ; and the prison-keeper hath erroneously, and contrary te law, taken bond in his own name concerning the premises, whereas it should have been te his Majesty, his heirs and lawful successors, and se consequently suffered the said William Vaughan te escape ; these are there fore, in his Majesty's name, te charge and require yeu, the said George Jaffrey, constable, forthwith te take and apprehend the body of the said William Vaughan, and carry him to the prison of Great Island, and the said prison keeper, viz,, Eichard Abbott, is hereby required te receive hira, and detain in his custody (in prison), till he shall find such security, ef five hundred pounds (as above said), te his Majesty's use, fer keeping the peace and fer good behavior, according to law and the tenor of the forraer warrant in that behalf. Given under ray hand and seal, the 23d day ef October, 1683, Edward Cranfield, [l, s,] • This is a true copy ef the original warrant, served on the body ef William Vaughan, Esq, Per George Jaffrey, Constable. 1683,] cranfield's ADMINISTRATION. 473 This following order, under the seal of the Province, was published in tho four towns, and at Great Island, at Henry Crown's door. [No date.J By the Governor. r— I ij Whereas great inconvenience and damage have arisen to g masters, commanders, and owners of ships and vessels, g arriving in this said Province, by reason of the seamen 5 absenting themselves and going away from the said ships o and vessels, and the service therein, contrary to law and £ij their own agreements, — These are, therefore, in his Majes ty's name, te require all and singular the mates and ether seamen, that are or shall be within this said Province, net to presume to go frem their respective ships and vessels without leave first obtained from their respective commanders, unless they shall have and show a pass, or certiflcate, under my hand and seal, licensing them thereunto, under penalty ef paying all the damages thereby sustained by their respective commanders, owners, or merchants employing them; or im prisonment until they shall pay and satisfy the same; and no sloopman shall presume to transport such mates or other seamen, not showing such pass or certificate as aforesaid, and all justices ef peaee and constables, within the said Province, are hereby likewise required te make stay ef sueh mates and other seamen, going away as aforesaid. Given under my hand and«eal the ........ And it is hereby likewise ordered, that no private house pre sume to harbor any sueh mates or seamen, under the severest penalty of the law. New-Hampshire. By the Governer. ri These are in his Majesty's name, te require and command w yeu and every one ef you, the inhabitants of the south N half ef the Isle of Shoals, forthwith to yield obedience to g his Majesty's government established here in the Province o abovesaid, by virtue ef his royal commission, bearing date *j the 29th day of May, 1682; and that all who are of 474 province papers. [1683. years qualified for it repair te the house ef Nathaniel Fryer, Esq,, Deputy Governer, to take the oath of allegiance to be true te our sovereign lord the king, his heirs and lawful suc cessors. And hereof fail not, as yeu will answer the contrary upon pain of his Majesty's high displeasure. [Ne date,] [Prov, Eec, B, I, p. 79.] To the Hon'ble Bobert Mason, Esq., Chaticellor, and Walter Bare foot and John Hincks, Assistants of the Court of Chancery. The humble petition of Richard Martyn humbly sheweth — That whereas your petitioner was, by John Cutt, Esq., Pres ident, and Eichard Waldron, William Vaughan, Thomas Daniel, Elias Stileman, Samuel Dalton, John Gilman, Job Clements and Christepher Hussey, Esqs., members of the Council, who were the former Government of this Province of New-Hamp shire, chosen and appointed treasurer ef said Province ; which said President and Council did order and command your said petitioner to receive all rates and fines which were levied and impressed, or to be levied and impressed by the said Govern ment, upon the inhabitants of said Province, and to dispose ef them for the support ef said government : In obedience to whose commands your petitioner did receive said rates and fines, and dispose ef them according to the order of said Pres ident and Council, and have rendered them an account ef the same to their satisfaction and approbation. But since the change of government in this Province, the Honorable Edward Cranfield, Esq,, the present Governor, and Robert Mason, Esq,, have each ef them commenced an action against the peti tioner, at the Court of pleas, held at Great. Island, the first Wednesday in Pebruary last past, fer the said fines so received and disposed of by your petitioner, and have recovered judg ment against him for near eighty pounds, which sum, if it be levied upon your petitioner, will ruin both him and his family. And your petitioner, finding ne ether way of relief, but by applying himself to a Court ef chancery, — Your petitioner doth therefore hurably request that your Honor would grant him relief in this case, and put him into 1683.] cranfield's ADMINISTRATION. - 475 a capacity to recover the said sum of money, of the persons above named, or of the Heirs, Execu"* or Adminis'" of these ef them which are deceased, that your petitioner may be capable of said judgment against him, that so the burden thereof may not lay upon himself; and your petitioner shall ever pray, &c. Eichard Martyn. Proposal of the Prop^ of New-Hampshire.* [Prov, Eec, B, I, p, 62,] Whereas Eobert Mason, Esq,, hath obtained judgments against several persons inhabitants ef s* Province, for lands and tenements therein ; aud forasmuch as some of the said persons seem dissatisfied with the said judgments, the said Eobert Mason did openly in court declare that with every per son with whom he had a tryal, he would waive the benefit of the judgment obtained against them, suspend execution and wait? a new tryal with each person in any of his Maj' courts in Westm' Hall, either in Easter or Trinity Terms next ensu ing, provided the defend' doth give in security to this Court to pay such damages as shall be awarded to him the said Mason by any ef his Maj' courts aforesaid. And he doth allow one month from this day, being the 15th October ? 1683, for giving in such security. New-Hampshire . [Prov. Eec, B, 1, p, 65,] At a Council held at Great Island, January 15, 1683 : Present, the Governor, Robert Mason, Esq,, Proprietor ; Walter Barefoot, E, Chamberlain, Nath : Frier, Eobert Elliot, John Hinks, Esqs, Whereas the General Assembly refused to pass any bill for supporting the charge of the government, and his Majesty hath, by his royal commission, bearing date the 9th of May, 1682, given power te the Governor and Council to continue * This heading is crossed, and the article has no signature. Ed. 476 PROVINCE PAPERS. [1683. such taxes and impositions as have been and are now levied and imposed upon the inhabitants — In pursuance thereof. Ordered by the Governor and Council, that a committee of the Council do forthwith inspect former accounts, what monies have been formerly levied and collected fer the purposes afore said, and to make their report thereof to the Governer in Council, to the end such monies as shall be found necessary may be forthwith raised and committed to the hands of the constables of the respective towns, and paid to the Treasurer of the Province fer the time being. Dat. y'= 15th ef January, 1683-4. R. Cha.mberlain, CI. Coun. New-Hampshire. [Prov. Eec, B. 1, p. 85,] By the Governer, Whereas Robert Mason, Esq,, hath made complaint unto me that very few ef the inhabitants have come to him to take Deeds ef their lands in this Province frem him, according to the conditions laid down in his Majesty's royal commission of the 9th of May, 1682, notwithstanding he hath been upon the place for almost five months' time, ready to grant the same upon the terms aforesaid : But now in regard several persons may still expect the same benefit, after the prosecution ef his claim, he hath desired rae te signify te all persons concerned that they have one month's time, after the date hereof, to make an agreement with himself (if they think fit) ; other wise I am desired to certify te his Majesty such their refusal, that the said Mason may be discharged from such obligation. Given under my hand, and the seal of the Province, the 17th of February, 1683-4. Edw. Cranfield. Vera copia frem the orginial ; Teste : Rich. Chamberlain, Secretary. 1683.] cranfield's ADMINISTRATION. 477 NBW-HAMPSHIRE, IN NEW-ENGLAND. To Joseph Bayn, gent.. Sheriff and Provost Marshal, or his Dep uty, and to the Keeper of his Majesty's Prison, in Great Island. Whereas complaint upon oath hath been made before us, Robert Mason and Walter Barefoot, Esqs., his Majesty's justi ces of the peace for the said Province, this 18th of February, 1683, by Thomas Thurton, late deputy searcher ef his Majes ty's customs in the said Province, of his being affronted and beaten by William Vaughan, Esq,,, of Portsmouth, in the execution ef his said office, whereby he, the said William Vaughan, hath incurred the penalty mentioned in the statute of 14th king Charles the Second, eur new sovereign lord : These are, therefore, in his Majesty's name, te require yeu to take the body of the said Williara Vaughan and carry him te the prison of Great Island ; and you, the said prison-keeper, are hereby required to receive the said Will. Vaughan into the said prison, and keep him till the next Quarter Sessions ef the peace, te be held fer this said Province, then to be prose cuted as the law directs. And for so doing this shall be your sufficient warrant. Given under our hands and seals, this 18th day of February, 1683, and in the 36th year ef the reign of our sovereign lord king Charles the Second. NEW-HAMPSHIRE. To James Sherlock, gent., Sheriff, and Provost Marshal of the said Province, or his Deputy. [Prov. Eec, B. 1, p. 69,] In his Majesty's name yeu are hereby required te take and apprehend the body of William Vaughan, of Portsmouth, Esq., and carry him to the prison at Great Island, and Eichard Abbot, the prison-keeper thereof, is hereby required te receive the said Vaughan into the said prison, and there keep him in safe custody till he shall give good security te eur sovereign lord the king, his heirs and successors, fer his (the said 478 PROVINCE PAPERS. [1683. Vaughan's) good behavior toward the same, our sovereign lord the king, he having refused to find security for his said good behavior. The sixth day of February, 1683. Given under my hand and seal, the said sixth day of February, 1683-4. Edward Cranfield. [l. s,] NEW-HAMPSHIRE IN NEW-ENGLAND. The Deposition of Thomas Thurton, aged about thirty-five years, taken before us, Bobert Mason and Walter Barefoot, Esqrs., Justices of Peace in the said Province, the eighteenth day of February, 1683, and in the ZQth year of the reign of our sovereign lord king Charles the Second. This deponent, Thomas Thurten, makes oath that Edward Eandolph, .Esq., by his Majesty's royal commission under the great seal, bearing date the 15th day of October, in the 3Sd year ef his Majesty's reign, was constituted and appointed collector, surveyor and searcher of his Majesty's customs in New-England, to be executed by him, the said Edward Ean dolph, or his sufficient deputy or deputies, by virtue whereof the said Edward Eandolph, by writing under his hand and seal, dated in Boston, in New-England, the 25th day of Jan uary, 1681, did constitute and appoint this deponent deputy- searcher of his Majesty's customs in the Provinces ef New- Hampshire, Maine, and the Isle of Shoals, with power to go on beard and search all ships and vessels coming into any river or harbor in the said Provinces; and to seize, to his Majesty's u.se, such as sheuld be found trading contrary te law. In pursuance whereof this deponent, about the beginning of March, 1681, did ge on beard and search a ketch, in the river of Piscataqua, which came frem Virginia, and there lay at the wharf of William Vaughan, of Portsmouth, Esq., then one of the Council of the said Province of New-Hampshire ; and this deponent being ceme ashore upon the wharf ef the said William Vaughan, he, the said William Vaughan, came to him and forced his (this deponent's) staff from him, and there with struck him ten blows upon the shoulder and arm, whereby this deponent was much bruised, and deth suffer pain thereby 1683,] cranfield's ADMINISTR.iTION. 479 to this hour. And this deponent being get into the highway, the said Vaughan gave him one blow there, saying these words, viz.. You are now in the king's highway, you may be like a rogue as you are ; and that Mr, Eandolph was as bad as any; and had Eandolph been there, he would have given him much. The said Vaughan called the seamen rogues, for not ducking this deponent at the yard arm, or flinging him ever board into the river, and that, had the said Vaughan been there, he would have thrown this deponent overboard himself mi iu 1 i- r Thomas Thttrton. Taken upon oath, before us : J. t, ut ^ ' ( Robert Mason. [ Court Papers, Eeg. ofBce. ] The deposition of Francis Mercer, of Portsmouth, aged about forty- six years, taken before Walter Barefoot, Esq., Justice of Peace for Portsmouth aforesaid, the llth March, 1683-4. This deponent testifieth and saith, that en Thursday last, in the afternoon, there came te his house Edmund Hammond and John Hole, to seek for John Pickering, ef Portsmouth afore said, according to an appointment, who was there with Sam uel Hall, of Exeter. They went away, and the said Hall desired this deponent to watch which way they went, because he had an execution against one Samuel Kene, of Kittery, which h^ would serve upon him ; and this deponent told him they were gone up to the Bank. Then the said Edmund Ham- mend, John Hole, and the said Nathan Kene, came to this deponent's house in the evening, and there met the said John Pickering about making an agreement between the said Hall and Kene; and thereupon they, being in the kitchen, the said Hall said te Daniel Mathews (who was also in the kitchen), " Marshall, there is the man ; de your office," and the said Mathews took him, the said Nathan Kene, as prisoner in execution. Then the said Pickering, Kene and Hall went into another room, viz., the bed chamber, to see if they could agree; and the said Mathews went in te them several times, and asked them if they were agreed, as he teld this deponent. Then they, not agreeing, the said Pickering went into the kitchen where Anthony Nutter was ; and the said Mathews and Hall being 480 PROVINCE PAPERS. [1683. together with the said Hole, in the hall at the table there, the said Mathews had the prisoner, Nath'l Kene, with him, and charged the said Hall te assist him. About an hour after, the said John Pickering being in the kitchen, asked where the said Kene was, and this deponent teld him he was in the hall, and the marshal's prisoner, who would net let him go. Then the said John Pickering arose up and went thither into the hall, and this deponent presently after, hearing a rushing and rustling noise therein, went in, desiring the said Anthony Nutter te go in with him, who went part ef the way, and went back again into the kitchen; and this deponent found two persons strug gling upon the ground in the dark part ef the room, and took up the uppermost, te part them, whom this deponent found afterwards by the light at the table te be the said John Pick ering, and the said Daniel Mathews coming towards the table, and seeing the bleed run down his face, struck the said Pick ering one blow with his hand on the side of his head ; the said Samuel Hall and Nathan Kene sitting, and the said John Hole standing at the table. And further this deponent saith net. Francis Mercer, his X mark. Sworn the day and year above written, before me : Walter Barefoot. [Court Papers, Eeg. office.] Order of the Governor and Council respecting the Currency in New-Hampshire — 1 683 . NEW-HAMPSHIRE IN NEW-ENGLAND. [Prov. Eec, B, I, p, 56,] By the Governor and Council : Whereas, there was an Act passed in this Province, in Jan uary last, in hopes of bringing plenty of money into this Prov ince, that pieces of eight ryals ef Spain, or dollars of Seville, Mexico, and pillar, and all lesser pieces (provided they be good silver), shall pass in payment at six shillings eight pence by the ounce. Trey weight :— which said act, it is found by experience, doth not answer the ends it was intended for : It is, therefore, hereby ordered that the piece of eight ryals of Spain, or dollars ef Seville, Mexico, or pillar, shall pass at six 1684.] cranfield's ADMINISTRATION. 481 shillings the dollar ; at three shillings the half dollar ; at one shilling six pence the quarter dollar ; at nine pence the ryal ; and all other money or bullion ef the fineness of the standard of England, at seven shillings the ounce. Trey weight; and the dollar ef Peru at five shillings : and se proportionably for lesser coins : All which moneys shall continue to pass current within this said Province till eur sovereign lord the king, his heirs or successors, shall think fit to alter and change the same. Dated the fourth of October, in the thirty-fifth year of the reign of our sovereign lord Charles the Second, king of Eng land, &c., A. D. 1683. Vera copia frora the Council book. Teste : R. Chamberlain, Clerk of Council. NEW-HAMPSHIRE IN NEW-ENGLAND. Bobert Mason's Deposition — 1684. [Coll. N. H. Hist. Soc, vol. 1, p. 265,] I, Robert Mason, Esq,, proprietor of the province of New- Hampshire, aud of his Majesty's Council there, do make oath that I did first propose to the Governor and Council the put ting a value upon Spanish money, as it is worth in his Majesty's mint in the town of London ; and to that end I drew up a paper that Spanish dollars of Seville and Mexico should pass at six shillings the piece, Massachusetts money, which is four shillings six pence English money; erat seven shillings the ounce, Troy weight; which is five shillings three pence, Eng lish money. To which the Council agreed, and afterwards it was approved by the honorable Edward Cranfield, Esq., Gov ernor of the said Province into an order ef Council. Robert Mason. Taken upon oath, the 28th of October, 1684, before me : E. Chamberlain, Justice Peace. Vera copia from tbe original. Teste : E. Chamberlain, Justice Peace. 482 PROVINCE PAPERS. [1684. Eobert Mason, Esq., Proprietor ef the Province of New- Hampshire, maketh oath. That the writing hereunto annexed* is a true copy ef the Deelaracen which he caused te be set up at the usuall places in the several Towns of the s"* Province. And that Major Richard Waldron did say to this deponent. That no such papers should be set up to amuse the People, and did shew unto this Deponent one of the afore"^ Declara cons, or seme part thereof, that he had pulled down. Robert Mason. Taken upon oath the 17th day of October, 1684, before me : E. Chamberlain, Justice Peace. REV. JOSHUA MOODEY. [Prov. Rec, B. I, pp. 71-72.] To Walter Barefoot, Esq., Judge of y Court of Pleas now sitting at Great Island in y" Province of New-Hampshire; and to Nathaniel Frier and Henry Green, Esqs., Assistants. Whereas it is enacted by the statute made in the first year of the late Queen Elizabeth, that if any manner of Parson, vicar, or other whatsoever Minister that ought er should sing or say Common Prayer mentioned in the s* Book, or minister the sacraments from & after the Feast of the Nativity ef St. John Baptist (then) next coming, refuse to use the s* common Prayer, or to minister the Sacraments in such Cathedral or Parish church, or ether places as he sheuld use te administer, in such order and form as they be mentioned and set forth in the s* Book, or shall willfully, or obstinately, standing in the same, use any other Eite, ceremony, order, form or manner of celebrating y' Lord's supper, openly or privily, or mattens. Evensong, Administration ef the Sacraments, er other open Prayers then is mentioned and set forth in y s* Book &c. And shall be thereof lawfully convicted according to thc Laws of this Realm by verdict ef twelve men, er by his own confes sion, or by y^ notorious evidence of the fact; shall lose or for- feit to y" Queen's Highness, her heirs & successors for his first offence, the profit of all his spiritual benefices or promotions coming or arising in one whole year next after his conviction ; * The writing referred to can not now be found. Ed. 1684,] cranfield's ADMINISTRATION. 483 And also y' the person so convicted shall fer y' same offence, suffer imprisonment for y" space of six months without bail er main-prize, . And whereas by a statute - - That all & singular ministers in any Cathedral er Parish Church or other place within the realm of England, Wales & y' Marches ef y" same er other the Queen's Dominions, shall frem & after the Feast of the Nativity ef St. Jo: Baptist then next coming, be bounden te say and use y° mattens, evensong, celebration of y° Lord's supper & Administration of each of y' sacraments and all the common & open Prayer in such order & form as is mentioned in y' said Book so authorized by Parlia ment, in y= said 5) 6) year of y' Reign ef K. Edward y'' 6th, with one alteration er addition [of] certain lessens to be used on every Sunday in y' year & y° form ef y" Letany altered & converted, & 2 sentences only added in the delivery of y' sacraments to y^ communicants; and none other er otherwise. That the said Joshua Moody being the present Mimster of the Town of Portsmouth in the Province of New-Hampshire in New-England and within the dominions of our . . - - lord Charles ef England, by the duty of his place, is by Laws and Statutes ef the said Realm of England, required & com manded te adrainister the sacrament ef the Lord's Supper in such manner and form as is set forth in the Book. of Common Prayer and administration ef sacraments and other rites and ceremonies in the church ef England, and shall use no ether manner er form than is mentioned and set forth in the said Book. Whereas the said Joshua Moodey, in contempt of the sasd Laws and Statutes, hath willfully and obstinately refused to administer the sacrament ef the Lord's Supper according to the manner and form set forth in the s"* Book ef common Prayer under the Hon' E. C. Gov' ef his Maj. in the Province of N. H. and ethers ef his Maj' Council of the said Province ; and doth willfully & obstinartely use seme other form than is by the said statutes ordained : Therefore the said Joseph Eayne, in behalf of the Sev" Lord & King, deth pray that the said Joshua Moodey, being therefor convicted according to the Law, may suffer such penalties as by the said statutes are made and provided. 484 PROVINCE PAPERS. [1684. Copy of Cranfield's Order for the Administration of the Sacra ments, according to the Mode of the Church of England. [Par. Belk,, App., p, 467,] At a Council held at Great Island, December 10, 1683, by the Governer and Council. NEW-HAMPSHIRE. It is hereby required and commanded that all and singular the respective ministers within this Province for the time being, do, frem and after the first day ef January next ensu ing, admit all persons that are of suitable years, and not vicious and scandalous in their lives, unte the blessed sacrament of the Lord's Supper, and their children unto the baptism. And if any persons shall desire te receive the sacrament of the Lord's Supper, or their children to be baptized according to the liturgy ef the Church ef England, that it be done accord ingly, in pursuance ef the laws ef the realm of England, and his Majesty's command te the Massachusetts government. And if any minister shall refuse se te do, being thereunto duly required, he shall incur the penalty of the statutes in that case made and provided, and the inhabitants are freed from paying any duties to the said minister. The aforesaid order was published : E. Chamberlain, Clerk Council. Copy of the Information against Bev. Joshua Moodey, 1683. [Prov. Eec, B, I, p, 73,] NEW-HAMPSHIRE IN NEW-ENGLAND. To Walter Barefoot, Esq., judge ef the court of pleas of the crown, &c., now sitting at Great Island, and to Nathaniel Fryer and Henry Green, Esqs,, assistants : The information ef Joseph Eyan, his Majesty's Attorney- General for the said Province of New-Harapshire, against Joshua Moodey, of Portsraouth, in the said Province, clerk in his said Majesty's behalf The said Joseph Eyan informeth, that the above said Joshua Moodey, being the present minister of the town of Portsmouth aforesaid, within the dominions of our sovereign lord Charles 1684.] cranfield's ADMINISTRATION. 485 the Second, king of England, is, by the duty ef his place, and the laws and statutes ef the realm ef England, viz., the stat utes raade in the fifth and sixth of king Edward the Sixth, and the statute of the first year of the reign of the late queen Elizabeth, which is confirmed by the statute made in the thirteenth and fourteenth year ef the reign of eur sovereign lord king Charles the Second, required and commanded to administer the sacrament ef the Lord's Supper in such a man ner and form as is set forth in the book of common prayer and administration of the sacraraent, and other rites and cererao- nies ef the church ef England, and shall use no other raanner or form than is mentioned and set forth in the said book. Nevertheless, the said Joshua Moodey, in contempt ef the said law and statutes, hath willfully and obstinately refused to administer the sacrament ef the Lord's supper according to the manner and form set forth in the said book of common prayser, unte the honorable Edward Cranfield, Esq., governor of his Majesty's said Province ef New-Hampshire, Eobert Mason, Esq,, proprietor, and John Hinks, Esq,, ef the said Province : and deth obstinately and willfully use some other form than is by the said statutes ordained, contrary to the form thereof: Therefore the said Joseph Rayn, in behalf of our sovereign lord the king, deth pray that the said Joshua Moodey, being thereof convicted according te law, may suffer such penalties as by the said statute are made and provided in that case. Copy of a second Information against the Same. [Prov. Eec, B, I, p, 74,] NBW-HAMPSHIRE IN NEW-ENGLAND. To the honorable Walter Barefoot, Esq., >udge of the court of pleas of the crown, and ether civil pleas, held at Great Island, and new sitting, this 6th February, 1683-4, &c. The information ef Joseph Rayn, his Majesty's Attorney- General for the said Province, in his Majesty's behalf, against Joshua Moodey, ef Portsmouth, clerk. Whereas the said Joshua Moodey hath, in open court of the quarter sessions of the peace, held at Great Island aforesaid, 486 PROVINCE PAPERS. [1684. upon record, confessed and owned before the justices, that he hath administered the sacraments contrary to the rites and ceremonies of the church of England, and the form prescribed and enjoined by the statute made in the first year of the late queen Elizabeth, and so stands convicted of the said offense before the justices at the said sessions; Joseph Rayn, his Majesty's attorney-general fer the said Province, who prose cutes for our sovereign lord the king, doth (according to the ancient law of the statute, made in the forty-second year of the reign ef king Edward the Sd, new in force) in his Majesty's behalf, exhibit his information to this honorable court, against the said Joshua Moodey, for that he, having for many years had the appearance and reputation ef a minister ef God's word, in the said Province, being within the king's dominions, and having willfully and obstinately refused to administer the sacraments according to the rites ef the church of England, hath administered the sacrament of baptism and the Lord's Supper in ether manner and form than is appointed and commanded by the statute of the first of queen P]lizabeth, and other statutes, contrary to the form thereof, and in contempt of his Majesty's laws: and doth pray the Courts judgment, and that the said Joshua Moodey may suffer the penalties by the said statute in this case made and provided. Warrant and Mittimus against the same. [Prov. Eec, B. I, p, 75,] Te James Sherlock, gent.. Provost Marshal and Sheriff of the said Province, or his Deputy : In his Majesty's name you are hereby required forthwith to take and apprehend the body and person of Jeshua Moodey, of Portsmouth, in the said Province, clerk, and carry him to the prison at Great Island, in the said Province; and the prison-keeper, Richard Abbott, is hereby required te receive him, the said Jeshua Moodey, and keep him in safe custody in the said prison, he having been convicted of administering the sacraments contrary to the laws and statutes ef England, and refusing te administer the sacraments according to the rites and ceremonies of the Church of England, and the form 1684,] cranfield's ADMINISTRATION. 487 enjoined in the said statutes; there te remain for the space of six months next ensuing, without bail or main-prize. Fail not. Dated the 6th day of February, 1683-4. Walt. Barefoot, [seal.] Peter Coffin, [seal.] Hen. Green, [seal] Hen. Roby. [seal.] Vera copia: Teste: Eichard Chamberlain, Clrc P. NEW-HAMPSHIRE. The Examination of Bobert Elliot, of Great Island, Esq. [Prov. Eec, B. I, p. 117.] The examinate being asked who were the persons that were at the meeting ef Mr. Jeshua Moodey, at Newbury, saith, that all supped at Mrs. White's. There were Richard Waldren, Esq., and Mr. Richard Waldron, his son, Elias Stileman, Esq., Reu ben Hill, Henry Penny, Mr. Pike, the minister ef Dover, John Fletcher, and Thomas Roberts. Then, being asked how he durst advise Eli Nichols te go away when he was at anchor within bow shot of the pert, this examinate answered that he did advise him to ride at the Isles of Shoals, to tarry there till he get his leading of fish, but denied that he advised the said Nichols te ge away. Robert Elliot. Taken upon oath the 6th ef September, 1684, before Walter Barefoot, Eichard Charaberlain, ^Justices of the Peace. Jaraes Sherlock, In the Records ef the Quarter Sessions, in the hand writing of Eichard Chamberlain, Clerk ef the court, is the substance of the debate of the court, which was in private, on the case of Mr. Moodey. "It was debated among the Justices; and Hen ry Roby, Justice, did declare his opinion, that he was very 488 PROVINCE PAPERS. [1684. clear that the statutes are clear against the said Moodey, if the commission that gives liberty ef conscience doth not take away the force thereof. "Just, Edgerly— that since his Majesty has been pleased to grant liberty of conscience to all Protestants here, the said Moodey is net liable te the penalty ef the statutes for refusing to administer the sacraments aecording to the form thereof " Henry Green, Justice, was of opinion that the said Moodey is guilty ef the breach ef the laws, if the clause in the King's commission giving liberty of conscience deth net excuse him. "Nath. Frier, Justice, did affirm his opinion te be, that whereas his gracious Majesty hath been pleased to grant liber ty ef conscience te all Protestants in his royal commission, Mr. Moodey being a Protestant is not liable te the penalty ef the acts of Parliament of the first Queen Elizabeth, and the ISth and 14th ef K. Charles the Second. "Peter Coffin, Justice, did held that the said Moodey is guilty of the breach ef the said statutes. "Walter Barefoot, Esquire, was of opinion that the said Jeshua Moodey had broken the said laws, and is liable to the penalty thereof." Farm. Belk., p. 106, 7. Note. Copy of Cranfield's Order for raising Money without an Assembly. NEW-HAMPSHIRE. [Prov. Eec, B. 1, p, 70,] At a Council held at Great Island, Feb, 14, 1683-4. By the Governor and Council. Whereas, we have lately had intelligence, by a letter from Capt. Hook te Capt. Barefoot, one of the council ef this, his Majesty's Province, that he had advice frem the captain of the fort at Casco ef a sudden rising and onset intended by the Indians upon the English at the eastward ; and whereas the assembly have been lately tendered a bill for raising a revenue for the fortifying and defending ourselves against his Majesty's enemies, did absolutely refuse and reject the same without giving any reason fer so doing, or preparing any other for defraying the charge of the public service, we, his Majesty's 1684.] cranfield's ADMINISTRATION. 489 Governor and Council, finding the public treasury se empty and bare that there is net se much money as to pay a single messenger, and these persons that are the support of the Province have net estates to support themselves in the war (if any should happen) without due payraent fer their service, in consideration of thc premises, by virtue of his Majesty's royal commission, bearing date the 9th of May, 1682, and also of his Majesty's royal instructions to the governor, bear ing date the 29th of April, 1682, have — for the raising a reve nue for fortifying and defraying the necessary charges of the government, that there may be a magazine of araraunition and prevision, and of money to pay indigent soldiers, as also for such emergencies as a war will necessarily produce — thought fit te continue, and do hereby continue, all such taxes and impositions as have been formerly laid upon the inhab itants (excepting only the rate of the penny in the pound, raised in time ef usurpation without a general assembly); commanding and requiring all and singular the constables and collectors forthwith te perform^ their duty in levying and col lecting the same, and paying it into the treasury. A List of those that were warned for Jurymen, for the Trial of Edward Gove and his Accomplices. [Prov. Eec, B. 1, pp. 134-136.] Portsmouth — Oba. Morse, Sam'l Clarke (by order left at his house), Tho. Jackson, John Feabens, George Peahens, Richard Webber, Jno. Seward, Leonard Weeks, Sam. Haynes, Mathias Haynes, Jno. Sherburne, Sen,, Richard Sloper. Great Island — Robert Elliot, Jno. Hinks, Sam'l Wintwerth, Hep. Crewne, Jno. Lewis, Will. Haskins. Hampton — John Eedman, Sen,, Natha. Bachelder, Francis Page, Jno. Tucke, The. Page, Joseph Smith, Hen. Roby, The. Marston, Hen. Molton, Sen,, Hen, Dow, Jno, Molton, Morris Hobbs, Sen,, Will, Sanborne, Sen. Exeter — Humphrey Willson, Peter Folsom, Dan. Gilman, Lent. Hall, Moses Gilman, Sen., Ensign Mere, Edward Gilman- Dover — Job Clements, Phil. Cromell, Jno. Tuttle, Jos. Kenny, Joseph Beard, Jno, Hall, Jr,, Jno, Eobert, Peter Mason, Edwd. Allin. 490 PROVINCE PAPERS. [1684. New-Hampshire. [Prov. Eec, B. 1, p. 97.] By the Governor and Council. Whereas his Maj' hath bin pleased fer y' the support of the charge ef this his Maj" Government ef New-Harapshire, to authorize & require us the governor & council te continue such taxes & impositions as have bin levied upon the Inhabitants before the arrival ef his Maj" Royal Commission ef the 9th of May 1682; And that the same be levied and distributed to these ends in the best and most equal imanner that can be, until a General Asserably of y° said Province shall have con sidered and agreed of the fittest ways fer raising ef Taxes in such proportion as may be requisite fer defraying the charge of the governraent: These are therefore in his Maj" name straightly to require and command yeu, Anthony Nutter, con stable, forthwith to levy & collect the within written Province Eate, within the space ef three months next ensuing, and to pay the same to the Treasurer of y° s* Province, for supporting the honour of his Maj" Government and defraying the emer gent & necessary charges ef y' same : fail not as you will an swer the contrary, & the Penalties that were in such cas e inflicted upon constables so making default, by the former government. And for se doing this shall be yeur warrant. Given under our hands & the seal ef the Province, the tenth day of May, 1684. Merbie pine beards at any convenient land ing place, at 26s. per M. Ditto white eak pipe staves, &c., at 50s. Ditto red eak pipe staves, &c., at 35s. Beef, at 2d. per lb. Pork, at M. Ind, corn, at Ss. per bush. Wheat, at 5s. Pease, at 4s. Malt, at 3«. ^^^^i at price current. 1684,] cranfield's ADMINISTRATION. 491 And whosoever shall pay the Rates in money shall be abated one third part. To Anthony Nutter, ConsWe . Edward Cranfield, Eobert Mason, • Walter Barefoote, Rich. Chamberlain, John Hinckes, James Sherlock. Edward Bandolph's Letter to the Lords of Trade and Plantations, giving an Account of the Bebellion in New-Hampshire, 1683. [Far. Belk,, App., p. 463,] To the right honorable the lords ef his Majesty's most hon orable privy council, appointed a committee fer trade and plantations : A short narrative ef the late transactions and rebellion in the Province of New-Hampshire, in New-England, humbly presented by Edward Eandolph, collector of his Maj esty's customs there : His Majesty, having thought fit te establish his royal au thority mere imraediately in New-England, was pleased, by his commission under the great seal, to appoint Edward Cran field, Esq,, to be governor ef that Province, who arrived in New-England upon one ef his Majesty's frigates about the beginning ef October, 1682. The countenance, with his indulgence to the people, obtained his easy admission into the government, in which he was very obliging to all, but especially to the late ruling party; but, withal, made it his business to put the fort, which cemmandeth the mouth ef the harbor and militia, into safe hands, and put good men into places of civil administration ; and likewise provided as well as he could, during the short tinje the frigate lay there, fer the future quiet and settlement ef that govern- ment. Upon the fourteenth of November following, a general assembly of the Province was called, wherein, after several warm debates, some laws were made and passed by the gov ernor, and adjourned that assembly till the 9th ef January following, being at that time unwilling to break with them, in 492 PROVINCE PAPERS. [1684. hopes they would better understand for the future. Seme time in December following, the governor, with Major Waldren, late president ef the Province, Mr. Moodey, rainister, and other chief men amongst them, go to Boston, where he is civilly entertained. But his main design in that journey was te feel the temper of that government, and the rather because he found they had such an influence upon the people ef this Province that they advised and adhered te them in the con duct of all their public and private affairs, which, in a little time, began to discover itself ; for, no sooner had Governor Cranfield openly discoursed with me, in Boston, about my prosecuting a seizure made by me, at Portsmonth, in Octo ber last, ef a Scotch vessel belonging te one Jeffreys, a Scotchman, a church member and inhabitant of that Province, but it discempesed the whole party; and it was contrived, in their return home, that I might have no better success in his Majesty's immediate government than in my former trials at Boston; te which end Mr. Hammond, candidate for a magistrate the ensuing year in that colony, and brother-in- law to Mr. Moodey, comes in extremity of bad weather, upon the 19th December, to Portsmouth (although two or three days before he had declared he would not go thither till spring). Governor Cranfield, being returned from Boston, appoints a special court fer a trial ef the Scotch vessel, and I went to Portsmouth to attend te it; but the party, believing the gov ernor to be wholly their own, and one of the chief ef them openly saying, " whatever came out ef the ketch should never come into my hands," se continued the matter, that she was carried by the fort out of the river at Piscataqua in the day time, although Major Stileman, one ef the committee, was commander ef the fort, had express order frem the governor to stop her ; whereupon the governer put him out ef all office, and made Capt. Barefoot, one ef the present council, captain ef the fort, and "of the feet company belonging to the Great Island upon which the fert is built. Now, the better to color this mat ter, it was presently given out, and by many believed, that the master and sailers aboard, without consent or knowledge of the owner, had run away with the ketch, as Jeffreys, upon his oath, voluntarily did avouch, taken before the governor. The party^ 1684.] cranfield's ADMINISTRATION. 493 hoping by this means to persuade the governor to take no further notice of it, the rather because the frigate was then gone out of the river. But 1 had certain advice that one of Jeffreys' servants was privately sent out of the way, harbored in a very obscure place in the Province of Maine ; upon which Mr. Martin, by his letter, desired the justices of the peace there te send their constables with a warrant te bring Jeffreys' seiwant before the governor to be examined, what they knew concerning [ ] away the Scotch ketch. They conferred and deposed that Mr. Jeffreys, the owner, eraployed them, and, being upon the place, stood by, gave orders and directions when and how the ketch should be carried away, so that the governer, by this means, finding it out te be a mere continu ance advised me te continue my prosecution on his Majesty's behalf, against the ketch, and all persons concerned in her escape. The party now find ne way te avoid the trial. How ever, it is so ordered that the jury, on which were four leading men, church members, are prevailed upon, that, against clear proof of the breach of the acts of trade, they^ find against his Majesty's intention to admit them upon the statute raade in the 23d of Henry VIII, fer preventing perjuries and false ver dicts, which so startled them all that some ef the council inter cede en their behalf, and prayed liberty te amend their ver dicts ; which, being by the court agreed te, they found fer his Majesty, and the ketch was condemned. January the 9th. The assembly being adjourned to that day, raeet. The governor recommended to them several good bills that had passed the council, but instead of their con currence they either rejected or put them into such a disguise as rendered them altogether useless, and afterwards would not take notice of any bills which did net arise frem themselves. They likewise peremptorily insisted te have the nomination of judges and the appointing courts ef judicature, power solely invested in the governer by commission from his Majesty ; and lastly, they had prepared bills repugnant to the laws of Eng land, upon which the governer, finding them to act without any regard to his majesty's service, or benefit of the Province, after he had passed some bills, not knowing where these mat ters would end, dissolved the assembly. In a short time after. 494 PROVINCE PAPERS. [1684. one Edward Gove, who served fer the town of Harapton, a leading man, and a great stickler in the late proceedings ef the assembly, raade it his business te stir the people up to rebellion, by giving out that the governor, as vice-admiral, acted by his royal highness' commission, who was a Papist, and would bring popery in amongst them : that the governor was a pre tended governer, and his commission was signed in Scotland. He endeavored, with a great deal ef pains, to make a party, and solicited many ef the considerable persons in each town to join with him te recover their liberties, infringed by his Maj esty's placing a governor over them ; further adding that his sword was drawn, and he would net lay it down till he knew who should hold the government. This he discoursed at Portsmouth, to Mr, Martyn, treasurer, and seen after te Capt. Hull, of Dover, which they discovered to the governor, who immediately dispatched away messengers with warrants to the constables of Hampton and Exeter, to apprehend Gove; and fearing he might get a party too strong for the civil power (as indeed it proved, for justice Weare and a marshal were repulsed), the governer (although much dissuaded) forthwith ordered the militia of the whole Province to be in arms, and understanding by the marshal that Gove could not be appre hended at Hampton, by himself and a constable, but was gone to his party at Exeter, from whence he suddenly returned with twelve men, belonging te that town, mounted and armed with swords, pistols and guns, a trumpet sounding, and Gove with his sword drawn, riding into Hampton at the head ef them, was taking horse, and with a part of the troops intended to take Gove and his company; but the governor was prevented by a messenger from Hampton, who brought word that they were met withal, and taken by the militia ef that town, and secured with a guard; the trumpeter, forcing his way, escaped, after whom a hue and cry was sent to all parts, but as yet he is net taken. This rising was, unexpectedly te the party, made np on the 21st day ef January last. It is generally believed many considerable persons, at whose houses Gove then either sent er called to corae out and stand up fer their liberties would have joined with him, had he not discovered his designs, or appeared in arms at that time. Fer, upon the 30th day of 1684.] cranfield's ADMINISTRATION. 495 January, being appointed by the governor a day of public humiliation, they designed te cut off the governor, Mr. Mason, and seme others whom they affected net. The governor sent a strong party ef horse to guard the prisoner, then in irons, from Hampton to Portsmouth. They were brought and exam ined before the governor and council, where Gove behaved himself very insolently. They were all committed te custody, and Capt. Barefoot, having the trained band of Great Island then in arms, was ordered te take care ef the prisoners, and keep a strict watch upon them, in regard the prison was out of repair. All this while the governer was at great charge and expense in suppressing this rebellion and keeping up guards to secure the peace ef the Province. We therefore judged it necessary to bring them te a speedy trial; and to that end directed a commission of oyer and terminer to Richard Waldren, Thomas Daniel, and William Vaughan, Esqrs., for their trial, to be had upon the first day ef February next, at which time Gove and the other prisoners were brought to the court then holden at Portsmouth in the said Province. The grand jury found the bill. The next day they were all arraigned and indicted upon the ISth of the king, fer levying war against his Majesty. Gove pleaded to the indictment, not guilty; then Mr. Martyn, treasurer of the Province, and Capt. Hull, both of Portsmouth, with two justices ef the peace and a lieutenant of the feet company at Hampton, who was at the taking ef them, were all sworn in court. Then Gove owned the matter ef fact; and te justify his taking up of arms, pleaded against the governor's power, that he was only a pre tended governor, by reason his commission, as he said, was sealed in Scotland; likewise that the governor had, by his proclamation appointed 'the 30th Januaryte.be annually ob served and kept a day of humiliation, and obliged the minis ters to preach that day. That the governor had at his house discoursed to Gove and showed him, out of the 10th chapter of St. Mark, the necessity of children's baptism. This he urged to be a great imposing upon the ministry. The ether prisoners pleaded not guilty, but had little to say in defence for themselves, further than they were drawn in by Gove. The jury, after long consideration, found Gove guilty of high 496 PROVINCE PAPERS. [1684. treason upon the indictment, and all the rest in arms ; upon which the court proceeded te give judgment, and passed the sentence of condemnation upon Gove ; but in regard to the other prisoners were specially found. The governor ordered the court te respite their judgment till his Majesty's pleasure sheuld be known therein ; most ef them being young men, and altogether unacquainted with the laws ef England. Here with I humbly present your lordships a particular account of their trial. Signed by Richard Waldren, Esq., judge of that court, and passed under the seal ef the Province. [The foregoing was copied frem the Massachusetts colony files, and communicated by Mr. Jeshua Coffin, S. H. S. Mass., to the late John Farmer, Esq.] New-Hampshire. [Prov. Eec, B. 1, p. III.] f^ Whereas Richard Waldron, ef Cochecho, in the precincts of Dover, Esq., hath refused to pay the rate continued by virtue of his Majesty's royal commission, bearing date of the 9th of May, 1682, as appears by the oath ef John Gerrish, a consta ble of Dover; These are, therefore, in his Majesty's name, to require you forthwith to apprehend the body of the said Rich ard Waldron, and convey him te the prison of Great Island, if he do net immediately discover seme part of his estate to satisfy the said rate; and the prison-keeper is hereby required to receive hira and safely keep him till he shall pay the said rate, er give security se te de, according te an act of this Province, made the 14th ef November, 1682, and this shall be your sufficient warrant. Fail net, as you will answer the con trary at your peril. [Compare this with pp. 467-8.] Given under our hands and seals, at Great Island, the first day ef September, in the 36th year of the reign of our sove reign lord Charles the Second, king of England, &c., A. D. 1684. Walter Barefoot, 1 Richard Chamberlain, | Justices of the Peace. To John Gerrish, one of the Constables of Dover : You are hereby required te take one shilling for this warrant and two shillings for serving it. James Sherlock, Justice of tho Peace, [l. s.] 1684.] cranfield's ADMINISTRATION. 497 New-Hampshire in New-England. I, Eichard Chamberlain, Esq., Secretary of the said Prov ince, and prethonetary of the court of pleas there, do hereby certify that, about the 13th ef November, 1682, upon an in formation exhibited by Edward Eandolph, Esq., then attorney- general for the said Province, fer riotous raeeting and con temptuous behavior against Joseph Dew, of Hampton, and others ; the others submitting te the court were discharged ; but the said Dow persisting in his said contemptuous carriage, refusing to take the oath of allegiance, according to the methods and known practice of the laws of England, was bound over by recognizances te answer the preraises at the next quarter sessions ef the peace, and was net committed te prison, but, since that, is gone out of the Province. All which I humbly certify the 29th of November, 1684. E. Chamberlain, Sec, &c. New-Hampshire . Memorandum. — That the 19th day of December, in the 36th year of the reign of our sovereign lord Charles the Second, king of England, &c., came before me, Richard Chamberlain, Esq,, one ef his Majesty's justices ef the peace fer the said Province, George Snell, ef Portsmouth, in the said Province, master of the ship Eichard, and acknowledged, by way of re cognizance, te be indebted the sum ef five hundred pounds, of lawful money of New-England, to be paid to our sovereign lord tte king, his heirs and successors, upon condition that he shall net carry any person in the said ship out of this Province, but such as those whose names shall first be entered in the Secre tary's office before the departure ef said ship. E. Chamberlain, Justice ef the Peace. [Prov. Eec, B, I, p, 144,] Gentlemen: — You, whose names arc underwritten, being listed in the troop under my command, you and each of you are, in his Majesty's name, hereby strictly charged and re quired te meet me upon Friday next, by nine ef the clock in 32 498 PROVINCE papers. [1684. the forenoon, at the house of John Sherborn, sen., at the Plains, with horse, sword, pistols, powder and shot, and hereof yeu are net to fail, as yeu and each ef you will answer it at your peril. Given under my hand the sixth day of January, 1684. Robert Mason, Captain. Eeuben Hull, Samuel Clark, Thomas Graffert, Ant. Hutten, Eichard Waldron, Joseph Hall, Henry Penney, Pheasant Eastwick, John Hunkins, Williara Cotton, Eichard Jose, [Prov. Eec, B. 1, p. 150,] Joseph Bayn, gentleman, ¦maketh oath : That he, having received a summons frem Eobert Mason, Esq., captain of the horse of the Province of New-Hampshire, dated the 6th day ef January last, directed unte Eeuben Hull, Thomas Graffert, Richard Waldron, Henry Penney, John Hunkins, Richard Jose, and several ethers, requiring and charging them, and every one of them, in his Majesty's name, to meet upon Friday, the 9th instant, by nine of the clock, completely armed, at the house of John Sherborn ; this depo nent did go to the house of Eeuben Hull, Thomas Graffert, John Hunkins, and Richard Jose, and did read the said war rant or summons at their respective houses, and that none of the parties were to be found, and that this deponent was informed that they were not at home, and that this deponent did read the said warrant publicly at the house of Samuel Wentworth, or declared the substance thereof unto him, the said Wentworth, who keeps a public ordinary at Portsmouth, who is neighbor unto the said persons ; and that this deponent was at the house of Richard Waldron aforesaid, to give him a notice of the premises. Joseph Eatn. Upon oath, the 28th of January, 1684, Before us : Walter Barefoot, l t x- i. r, E. Chamberlain, j ^"^^^^^^^ of Peace. 1684,] cranfield's ADMINISTRATION. 499 [Prov. Kec, B. 1, p. 76.] New-Hampshire. — By the Governor and Council. Ordered, That the meeting-house at Dover be imraediately fortified, and a line drawn about it, which raeeting-house shall be the main garrison for defending the inhabitants against the attacks of the enemy; also that the house, formerly called the Watch House, be a by-guard ; likewise, that the houses of Peter Coffin, Esq., and Richard Otis, be by-garrisons for Coche cho, fer securing the inhabitants that dwell thereabout. R. Chamberlain, Clerk Council. Dated 13th March, 1683-4. Employment of Seneca and Mohawk Indians. [Coll, N, H. Hist. Soc, 2, p. 199.] NEW-HAMPSHIRB IN NEW-ENGLAND. By his Majesty's Council : '^ There being an appearance of an Insurrection of the ia Indians, in this and ether his Majesty's Colonies of New- England, with an intent te destroy his Majesty's subjects : t, It is therefore humbly desired by us of his Majesty's Coun- g cii, that the honorable Edward Cranfield, Esq., the Gover- ^ ner and Captain General of this said Province, will be o pleased te take upon him the trouble to go to the henora. ¦< ble Colonel T. Dungans, governor [illegible] and treat ifl, with him for procuring such a number ef Mohawk, Seneca, or other Indians, to march into the said Province, for defence and security thereof, as the honorable governor shall think needful, and to make such capitulations and agreement fer their pay as his Honor shall find reasonable, and what his Honor shall do therein we shall agree unto it, and that the said Mohawk, Seneca, or other Indians, be paid out of such monies as shall be raised in the said Province, in pursuance of the powers granted by his Majesty's royal commission; and his Majesty's said Council do engage ourselves to see the Mohawks, Senecas, or other Indians (as his Honor shall judge 500 PROVINCE PAPERS. [1684. fit to be employed), paid out of the public monies that are now raising for that purpose. Given under eur hands and the seal of the Province, the one-and-twentieth day ef March, 1683-4, and in the 36th year ef his Majesty's reign. Robert Mason, W. Barefoot, E. Chamberlain, E. Elliot, Jo, Hinks. Note. — The name of Mason seems to be in his own hand-writing, while the other names are evidently written hy one hand. In place of the seal are -the the words, "Seal of the Province," The body of the paper was written by E, Chamberlain, clerk of the council. Possibly the whole is but a copy or draft of the original. Copy of a Letter from the Council to Governor Dongan. [Par, Belk., App., p, 470,] Province of New-Hampshire, March 21, 1683-4. Sir, — By several advices we have received ef a sudden ris ing intended by the Indians in these eastern parts, te fall upon the English, we judged it absolutely necessary, without delay, te provide for the safety and preservation of his Majesty's subjects inhabiting this Province, and to give relief (if need be) to our neighboring colonies. We have, therefore, upon consideration of the best means for the securing of these Provinces, concluded it very necessary te entertain a number of southern Indians fer soldiers, who are best acquainted with the manner of these Indians' skulking fight, and this being a work ef piety and charity for preventing the effusion ef christian blood, and knowing that your Honor has an influence upon the southern Indians, our honorable Governer was will ing te take the trouble upon himself ef a journey te New- York, te treat with your Honor for sending of such a number ef Mahignas, er ether Indians, as may be convenient to assist in this service, and to raake such capitulations and agreement as to his Honor shall seera reasonable. We doubt net yeur Honor's readiness in any thing that may tend to his Majesty's 1684,] cranfield's ADMINISTRATION. 501 service, and the safety of his subjects, having often heard a noble character of your Honor from eur governer, whom we have intreated te present eur letter, with our most humble service. We have ceramitted all matters to his Honor's pru dence and management, and what his Honor shall judge fit te be dene, we shall see performed. So, praying fer your Honor's health and prosperity, we subscribe ourselves (being his Majesty's Council of New-Hampshire), May it please yeur Honor, your most humble servants, Robert Mason, Walter Barefoot, E, Chamberlain, Eobert Elliot, John Hinks, To the Hon, Cel, Thomas Dongan, governor of his Royal Highness' colony of New- York, and the territories thereto belonging, humbly present. New-Hampshire. [Prov. Eec, B, I, p, 101,] By the Governor : Whereas I have received an order of council, bearing date at Whitehall, the 27th ef August last, wherein his Majesty doth strictly command and require all governors in his Majesty's respective plantations, to cause a law forthwith te be enacted within their said jurisdictions and governments, entitled an act for the restraining and punishing ef privateers and pirates, in such method and form as was passed and agreed upon by the Governor, Council and Assembly of Jamaica, for the pun ishing ef the aforesaid offenders, and the preservation of his Majesty's subjects, and all ethers who are in amity and peace with the crown ef England : In obedience to the said com mand from his sacred Majesty, Edward Cranfield, Esq,, his Majesty's lieutenant governor and cemraander-in-chief ef this said Province, do, in his Majesty's name, hereby command and require yeu te call together the freeholders of the town of Hampton, and the said freeholders are hereby required and impowered to meet on Monday next, being the 19th of May 502 PROVINCE PAPBRS. [1684. instant, to elect and make choice ef able and loyal freeholders to serve in the General Assembly fer the said town of Hamp ton, in order to their convening at Great Island, at the house late in the possession of George Jaffrey, on Tuesday, the twenty-seventh of May instant, fer the passing the said acts, and doing such other further matters as may tend to the sup port and honor of his Majesty's government. Given under my hand and the seal ef the Province, the sixteenth day ef May, 1684, and in the 36th year of his Ma jesty's reign. Te Mr. Daniel Mathews, Sheriff, er his Deputy. The like was sent te the three other towns in said Province. New-Ham'pshire. [Prov, Eec, B, 1, p, 100,] Whereas the Honorable Edward Cranfield, Esq,, Governor of this, his Majesty's said Province, and Robert Mason, Esq,, proprietor of the sarae, did in February last obtain judgments, against Richard Martin, of Portsmouth, in the said Province, Esq., late treasurer thereof, for the respective sums ef twelve pound two shillings, and fifty-nine pound fourteen shillings, with costs ef court respectively, being for so much by him received for fines and forfeitures ; viz., frem January, 1679, to May, 1682, legally due te the said Robert Mason, and from May aforesaid te October following, legally due the said Edward Cranfield : And whereas the said Eichard Martin hath peti tioned the said Robert Mason as chancellor of the said Province, and Walter Barefoot and John Hinks, Esqrs., assistants of the court ef chancery, therein setting forth that he did receive the aforesaid sums of money, and disposed thereof by order and comraand ef the late President and Council, that the whole sum may not be levied solely upon him, but that the Council then in being may make contribution and draw equal proportion thereof: This court, therefore, taking into consideration the equity of the said Richard Martin's case, deth hereby order Richard Waldron, ef Cochecho, in Dover, Esq, ; William Vaughan, of Portsmouth, Esq,; John Gilman, of Exeter, Esq,; Christopher Hussey, of Hampton, Esq. ; and Elias Stileman, 1684.] cranfield's ADMINISTRATION. 503 of Great Island, Esq., late members ef this said Council ; as also Eeuben Hull, guardian to John Cutt, exegutor of John Cutt, Esq., late President, deceased ; Bridget Daniel, execu trix of Thomas Daniel, Esq., late ef the said Council, deceased, and Mehitable Dalton, executrix of Samuel Dalton, Esq., late of the said Council, deceased, and Job Clements, executor of Job Clements, late of the said Council, deceased, Te be and appear at Great Island, before the said Eobert Mason, Chan cellor, and Walter Barefoot and John Hinks, assistants, on the 19th of this present month ef May : there to shew cause why they shall not be equally charged with the said Eichard Mar tin te pay their proportions of the said suit, and costs sus tained thereby. Dated the twelfth day of May, 1684. By order : E. Chamberlain, Clerk per Council. New-Hampshire in New-England. [Prov. Eec, B, 1, p, 127,] Walter Barefoot, Esq,, one ef His Mat' Council in the Prov ince of New-Hampshire, & Judg of y' Court ef Pleas, maketh oath, That at the trial had between Robert Mason, Esq,, Pro prietor of the 8* Province, and Eichard Waldren, Esq,, for title of land, the s* Waldren, to avoid the Trial, did except against the whole Jury that was impanneled. And when the court teld hira he had liberty to except against any persons, showing cause, as they came te be sworn, the s'' Waldron answered he had noth ing to object against any particular person, but he excepted against the whole Jury as being persons that lived in the Prov ince and owned Mr. Mason te be Proprietor, Whereupon the Court, that all reasonable satisfaction might be given, did ad minister an oath to every person of the Jury, who severally did make oath, that he was not concerned in the Lands in Question ; and that he sheuld neither gain ner loose by y° cause. Where upon the s* Waldron did speak aloud in the face ef the Court, te y° people then present, these words : That his case was the case of them all, and that his case did concern the whole Province, and that if he were cast it would be a leading case, & then they must all ef them become Tenants to Mr. Mason, 504 PROVINCE papers. [1684. & that they all ef them being persons concerned they should not be of the ^ury; fer which words he was bound to y" good behavior, and at the next Quarter Sessions of the Peace, a Bill was found against him by the Grand Jury, and he fined five pounds. Nor did the same Waldren make out any title te the lands in question, or produce any evidence, though often re quired by the court, if he had any, that he would put it in, that the Jury might hear it; and in all the trials the Proprie tor hath had, not any one man hath produced any Deed, Evi dence er Record to make a title of land. And this deponent further maketh oath. That the s* Eichard Waldron and three er four mere, who at that time were sued by the Proprietor, whereof Nathaniel Wear was one, did sev erally say that they did appeal from the verdict of the Jury to his Majy in Council, which appeal the Court did allow of, pro vided they gave security according to his Maj' Eoyal Commis sion to prosecute the Appeal, & te pay such damages as shall be awarded against thera, if the first judgment sheuld be con firmed. But neither the s'^ Waldron nor any ether person appeared to give the security which was ordered to be done in open Court. And at several Courts since, wherein the Propri etor had any Trials, he caused it publicly to be declared. That if any person would appeal frora the Judgment then, or for merly given, the Proprietor would come to a new trial, either before his Ma'y and most Hon^'i'' Privy Council, or in any of his Ma" Courts ef Westminster; And that in the meantime he would suspend execution, but net any one man hath since desired te appeal. And this Deponent further maketh oath. That the Bills ef costs allowed by the Court to the Proprietor for his expences and charges in prosecuting the several actions hath bin rather tee little than otherwise. And much more was given against Edward Eandolph, Esq., when the s* Waldren, William Vaughan & Richard Martyn did sit as Judges, & set the costs, the' in an action for his Maj'y. Walter Barefoote. Taken upon oath the 6"> Nov., 1684, Before me : R. Chamberlain, Jus' P. Vera copia from the original. Teste : R. Chamberlain, Jus' P. 1684.] cranfield's ADMINISTRATION. 505 An Act for the restraining and punishing Privateers and Pirates. [Prov, Eec, B. I, p, 108,] Whereas, nothing can more contribute to His Sacred Ma'ts Honor, than that such articles as are concluded & agreed on in all Treaties of Peace, should by all his Ma'ts subjects, according to their dutj', be most inviolably preserved & kept in & over all His Ma'ts Dominions & Territories: And whereas not only against such Treaties of Peace made by his Ma'ty with his Allies, but also contrary to His Ma'ts Eoyal Proclamations, several of his subjects have and do continually go off from this Province into foreign Princes services, and sail under their commissions contrary to their duty & good allegiance, & by fair means cannot be. restrained from so doing ; — ¦ Be it, therefore. Enacted, by the Hon'ble Edward Cranfield, Esq., Gov ernor of tho Province of New-Hampshire, by and with the advice and consent of the Council & General Assembly thereof. And it is hereby enacted by the authority of the same, that from & after publication hereof it shall be felony for any person which now doth, or within four years last past heretofore hath, or hereafter shall inhabit or belong to this Province, to serv in America in an hostile manner, under any forraigne Prince, State or Potentate, or any imployed under any of them against any other forraign Prince, State or Potentate, in amity with his Ma'ty, without special license for so doing under the hand and seal of the governor or commander-in-chief of this Province for ye time being : And that all and every such offender or offenders contrary to the true intent of this Act, being thereof duly convicted in any of his Ma'ts Courts of Judicature within this Province, to which Courts authority is hereby given to hear & determine the same, as other cases of felony, shall suffer pains of death without benefit of clergy. Provided, nevertheless, That this Act nor any thing therein contained, shal-1 extend to any person or persons which now or have bin in the serv ice or employment of any forraign Prince, State or Potentate whatsoever, that shall return to this Province, & leav & desert such service & employ ment before the 22d day of October next ensuing, rendering themselves to the Governor or Commander-in-chief for the time being, and giving him such security as he shall appoint for their future good behaviour, & also that they shall not depart this Province without the Governor's leave. And for the better & more speedy execution of Justice upon sueh, who having committed Treasons, Piracies, Pelonies and other offences upon the sea, sball be apprehended in, or brought prisoners to this Province : Be it further Enacted by the Authority aforesaid, that all Treasons, Felonies, Piracies, Eobberies, Murthers or Confederacies committed or that hereafter shall be committed upon the sea, in any Haven, Creek or Bay, shall be inquired, tried, heard, determined and judged within this Province in such like form as if such offence had bin committed in & upon the land : And to that end and purpose. Commissions shall be had under the King's Great 506 PROVINCE PAPERS. [1684, Seal of this Province directed to the Judge or Judges of the Admiralty of this Province, for the time being, and to such other substantial persons, as by his Ma'ts Gover'r or Commander-in-chief of the Province, for tho time being, shall be naraed or appointed ; which said commission'rs or such n Quorum of them as shall by such commission be thereunto author ized, shall have full power to do all things in & about the Inquiry, Hear ing, Determining & Judging & Punishing of any of the crimes & offences aforesaid, as any Commission'rs to be appointed by Commission under the Great Seal of England, by virtue of a statute made in the 2d year of the Eeign of King Henry the Eighth, are impowered to do & execute within the kingdora of England ; and the sd offenders which are or shall be apprehended in, or brought prisoners to, this Province, shall be liable to such order, process, judgment & execution by virtue of such commission to be grounded upon this Act, as might be awarded or given against them, if they were proceeded against within the Eealm of England by virtue of any Commission grounded upon ye sd statute. And all trials heretofore had against such criminal or criminals, before any Judge or Judges by virtue of such Commission or authority at any time heretofore granted, & all proceedings thereupon are hereby ratified, confirmed & adjudged lawful ; And all such judges, with all & every the inferior officers that have acted thereby, are hereby indemnified to all intents & purposes whatsoever : And in case they or any of them shall at any time hereafter be sued, vexed, molested or troubled for any such their proceedings as afores'd, he or they so sued, vexed, or molested, shall plead the general issue & give this Act in evidence, any Law, Statute, custom or usage to ye contrary in any wise notwithsanding. And be it further Enacted, by the authority afores'd, that all & every person or persons that shall any way knowingly entertain, harbour, conceal, trade or hold any correspondence by letter or otherwise, with any person or persons that shall be deemed or adjudged to be Privateers, Pirates or other offenders within ye construction of this Act, and that shall not readily endeavor to the best of his or their power, to apprehend or cause to be apprehended such oflender or offenders, shall be liable to be prosecuted as accessories & confederates, & to suffer such pains & penalties as in such case by law is provided. And for ye better & more effectual execution of this Act, Be ii further enacted, by the authority afors'd, that all commiss'n ofiicers in their several precincts within this Province are hereby required & im powered, upon his or their knowledg or notice given, that any Privateers, Pirates or other persons suspected to be upon any unlawful design, are in any place within yr respective precincts, to raise and levy such a number of well-armed men as he or they shall think needful for ye raising, appre hending & carrying to Goal all & every such person or persons : And in case of any resistance or refusal to yield obedience to His Ma'ts authority, it shall be lawful to kill or destroy such person or persons, & all & every 1684.] cranfield's ADMINISTRATION. 507 person or persons, that shall oppose, resist, by striking or firing upon any of ye comanded parties shall be deemed, taken & adjudged, as felons with out benefit of the clergy. And every such ofiicer that shall omit or neglect his duty herein, shall forfeit fifty pounds currant money of this Province for every such offence, to be recovered in any of his Ma'ts Courts of Eecord within this Province, by Bill, Plaint or Information, wherein no essoin, wager of law, or protection shall be allowed ; one moiety thereof to be to our Soveraign Lord the king, his heirs & successors, for & towards the support of the government of this Province, & ye contingent charges thereof, and the other moiety to the Informer. And all & every person or persons, that upon orders given him or them, shall refuse to repair Immediately with his or their arms well fixed and ammunition, to such place or places as shall be appointed by the sd officers, and not readily obey his commands in the execution of the premises shall be liable to such fine or corporal punishment, as by a Eegimental Court Marshal shall be thought fit. Passed by ye Gover'r, Council and Assembly, ye 22d day of July, 1684, E, Chamberlain, CI, Council. [Prov. Eec, B. I, p. 120,] The examination of Capt. Michael Park, Commander of the Black Cork, taken upon oath before his Ma*^ Justices of Peace, at Gr* Island, y^ Ibth September, 1684. This examinate, being duly examined, Saith : — That he heard Mr. William Vaughan say. That he had written letters te S' Josiah Child, who had promised the s* Vaughan te be his friend; & that y' s'^ Vaughan said also, that he doubted not the s* Sir Josiah Child* would stand his friend & get him out of prison ; And that Mr. Richard Waldren & Reuben Hull, both ef Portsmouth, in y" s* Province, were present. This was about y" sixth ef September instant, at y' pert & prison there upon Great Island afores*. Taken upon oath, y' day & year above written, before us : * Sir Josiah Child, of London, seems to have been the patron and friend of Vaughan from his youth. See page 374. 508 PROVINCE PAPERS. [1684. New-Ham'pshire. [Prov, Eec, B, 1, p, 135,] The deposition of Thomas Thurton, Provost Marshal of the s^ Province. This Deponent testifieth. That on Thursday last, he being at Strawberry Bank, at John Pickering's house, doing his office in collecting the Rates, the wife of William Cotton said to him. That he was a Rogue & a Rascall, & all that he was con cerned with were Rogues and Rascalls; And she threatened te scald him with hot water when he came to their house. And likewise y wife of Nehemiah Partridge at her house dore called this Depon' Eogue and Rascall, & said that they were a parcel of Rogues that this Depen' was concerned withall ; And threatend to scald him, & s"* she would de his business at once, & he should net be troubled to come any mere, Thomas Thurton, Taken upon oath y° Sth December, 1684, before rae : R. Chamberlain, Just, P, Deposition of Mary Eann. [Farm. Belk,, p. 115,] "Mary Rann, aged thirty years or thereabout, witnesseth, that the 21 day of March, '84, being in cemjiany with Seabank Hog*, I heard her say; it was very hard for the governor of this province to strike Sam, Seavey before he spoke; the said Hog also said that it was well the said Seavey's mother was net there, for the governor, for if she had, there had been bloody work for him. I heard the said Hog say^ also, that the governor and the rest of the gentlemen, were a crew ef pitiful curs, and did they want earthly honor? If they did, she would pull off her head clothes and ceme in her hair to them, like a parcel ef pitiful beggarly curs as they were ; come to unde us both body' and soul; they could not be centented to * This name is Hodg in the records of the Quarter Sessions. 1684,] cranfield's ADMINISTRATION. 509 take our estates from us, but they have taken away the gospel also, which the devil would have them fer it." Sworn in the Court ef Pleas held at Great Island, the 7 ef Nov., 1684. E, Chamberlain, Prothon, Documents in relation io Cranfield's and Mason's Claims. Answer of Elias Stileman to Mason's Claim. [Far, Belk,, App,, p, 461,] The answer ef Elias Stileman te the summons frem the Hon, Edward Cranfield, Esq,, Governor ef his Majesty's Province ef New-Hampshire, in New-England, in pursuance ef the method which his Majesty hath been graciously pleased to prescribe in his Commission. Portsmouth, the 15th ef November, 1682. May it Please your Honor ¦ In obedience to your command that I should render a rea son why I refuse to pay quit-rent unto Eobert Mason, Esq. (as he titles himself), for my house and lands, and take deeds from him for the confirming ef the same, I answer as follows : 1. Because my said land I bought and paid for; the title unte which is successively derived unte me from those that have possessed it without any claim for at least these fifty years, upon which I have built, at my own charge, without any interruption, and am in the possession thereof, as my own. As to what is said in the commission concerning Mr. Mason's proprietors, with all due submission te his Majesty, I conceive it implies rather his claim than a positive determination of his title. 2. I humbly conceive that, being in possession of what I have bought and built upon, it rests upon the claimer te make out his title (if he have any by law), begging the fiiver of an English subject therein, that it may be first tried upon the place, according te the statute law, and the opinion ef his Majesty's judges in England, and this before I am liable to pay quit-rent and tako deeds ef confirmation from him. 510 PROVINCE PAPERS. [1684. 3. Should Mr, Mason obtain his demands, myself and the rest of the inhabitants would be undone forever, fer then all his, granted to him, which he calls commons, being out ef fence, which yet hath been bounded out by the several towns, and possessed by them fer these fifty years, and improved for the maintenance ef their cattle both winter and summer, and for timber and firewood, without which there is no living for us, it being impossible fer us to subsist upon that which in the cemraissien is called gardens, orchards, if he may have the disposal of the rest. 4. The said Mason speaks of many thousand pounds ex pended upon the place, which, with submission cannot be made out, and if it could, what then have the peor planters expended, in so raany years' labor, since their first sitting down upon it, when they found it an howling wilderness, and vacuum domi cilium, besides a great expense ef bleed and estate, te defend it in the late Indian war ; nor can they to this day make both ends meet, by all their labor and frugality, and, therefore, must needs sink under the exaction of such a proprietor. 5. The land which Mr. Mason clairas as proprietor is the land on which vast expense hath been laid out by his grand father, Capt. John Mason, for the peopling ef it, and the land frem whence his said grandfather's servants were violently driven out, er expelled by the inhabitants ef the Massachu setts, but upon this land there was no such expense laid out by his grandfather, Capt. John Mason, fer the end aforesaid, nor is this the land frem whence any servants of his said grandfather were se expelled, and therefore we, that are pos sessed ef this land, are net concerned in his claim. He hath mistaken his province, and may endeavor te find it seme other where, fer here is ne such place, 6, If Mr, Mason had a patent here, why did he not take pos session in the day thereof? If he were in possession why did he net keep it still? None ever drove him out, as he informs. Had he been once settled, he might te this day have kept it as the rest of the inhabitants have dene, without the least molestation ; but I am humbly of opinion that if he, the said Mason, or any of his heirs, came hither, they only came as 1684.] cranfield's ADMINISTRATION. 511 many ships did to Newfoundland, and to this country, to make a fishing voyage or beaver trade, and, that being at an end, departed, and left their room te the next taker. This is the sum of what I have at present to answer, humbly requesting ef your Honor the stating of the case, with yeur opinion thereupon, to his Majesty, as the commission directs; and when his Majesty shall, in his wisdom and justice, see meet to order an hearing of the matter in his courts of judica ture upon the place, before a jury of uninterested and indiffer ent persons, which may be had out ef the neighboring prov ince (and possibly Mr. Mason may think net attainable in this province, wherein all persons are concerned), as he hath been pleased te de by that part ef Mr. Mason's claim which lies under his Majesty's government ef Massachusetts, I hope to be able, upon these and other grounds, so far te make out my title as to be held unblamable, before Ged and man, fer not complying with his demands. Or, if I sheuld see cause to appeal to his Majesty and honorable Council, that I shall be put beyond all need of paying quit-rent te the pretended pro prietor. Thus begging your Honor's favor, I subscribe. Sir, your humble servant, E. S. Answer to the Claim made by Mr. Mason to the House and Lands of New-Hampshire. [In Mr. Weare's hand-writing, but without date or signature.] [Par. Belk., App,, p. 459.] It does not legally appear that Mr. Mason can lay any just claim to any of the lands in New-Hampshire, for what right he pretends is either derived from Capt. John Mason (whom he says was his grandfather), or frem his Majesty's commis sion : but presume from neither of these has he any right. Not frem Capt. John Mason : for, 1. It does not legally appear that ever he had any right to the Province ef New-Hampshire. It is true there is a copy of a patent or deed from the Council of Plymouth, which he brings over, without attestation of public notary. Besides, in said 512 PROVINCE PAPERS. [1684, copy there is not the least intimation of any hand or seal to the original, and there is two men that swear this is a true copy of the original, which plainly demonstrates that the original is but a blank ; the truth whereof we are the mere confirmed in, because it is not rational te imagine that Mr, Mason would come from England to prosecute a right, and not bring with him what he had to make good his claim ; but, having nothing but blank copies, he could bring ne better than he had, which cannot be looked upon as authentic, in any court. 2. If it should be supposed that ever Capt. John Mason had a right by patent, yet it dees not appear how Robert Tufton Mason (as the plaintiff calls himself), derives a title from hira, either as his heir, executor, er administrator, or by deed of gift. All that we can hear inceurt is, that the plaintiff calls himself Capt, Mason's heir, 3, If the plaintiff, er his ancestors, ever had a title te the lands he claims, by patent frem Council of Plymouth, yet they have lost it by non-use; for they never attended the ends ef granting patents by king James, of blessed memory, in his highness' patent to the great Council ef Plymouth, which was by peopling of the land, enlarging the king's domains, propa gating the gospel, conversion of the heathen — the native pro prietors, &c. Now, the plaintiff ner his ancestors never planted this province, nor expended any thing upon it, to the upholding of it, in peace ner war, but the present inhabitants did, either by themselves or predecessors^ purchase their pos- sessiens from the natives, and by their perniissien did sit down upon the land, and manured, the vast expense of above fifty years' time, in hard labor, and expending upon it their whole estate ; and in the late Indian war did defend it against the enemy, to the less of many of their lives, and considerable part ef their estates, without any assistance frem Mr, Mason, who new claims net enly^ what peer people have purchased and labored hard upon, but also conquered or relieved from cruel attempt of the barbarous heathen ; and we conceive we are under ne obligation to run such adventures to make ourselves slaves to Mr, Mason, 4, It does net appear that there was a quorum of the great Council of Plymouth to the making of Capt, Mason's deed, 1684.] cranfield's ADMINISTRATION. 513 according to the patent granted to the great Council ef Ply mouth, which renders his claira invalid, if ever any thing in that kind was done, which we question. Frora what is said, we humbly conceive Mr. Mason has ne right from Capt. John Mason ; and that his Majesty's com mission dees neither give nor confirm any title to the lands claimed, we prove : 1. We humbly conceive that his royal Majesty, who is so prudent a prince, and so solicitous for the peace ef his subjects, would not have left that matter doubtful to his subjects ef this Province ; but rather have teld us that he had given all the lands te Mr. Mason, but there is nothing ef gift te him in the communication, and if his Majesty had (which we can not believe he would), we should crave the benefit of the statute in the 17 of Charles the First, which says ne king and council can alienate lands but by due course ef law. But we were never yet heard, and when it comes to legal trial we presume the law of possession will confirm eur land te us, seeing we have had peaceable possession fifty years. 2. If his Majesty had given the lands in the Province te Mr. Mason, what can be understood by that clause in the com mission, " that in case the inhabitants shall refuse te agree with Mr. Mason, then the Governor shall interpose and reconcile all differences, if he can ; but if he can net, then te send the case, fairly stated, te England, that his Majesty and privy council might determine according te right;" which we humbly conceive puts a bar te any legal proceedings, until his Majesty's mind be further known therein. The inhabitants have offered their reasons to the Governer, according to commission, which he will not admit of, only did take of one, viz., Capt. Stileman, and premised te send them to England; but we can hear ef no answer, and rauch fear his neglect. 3. His Majesty, in his commission, says, "Te prevent unrea sonable demands that may be made by Mr. Mason, for the right he claims ;" which claim may prove good er bad, when it comes to trial. We understand to claim and te have are different things. 4. His Majesty intimates, in his royal commission, by what title Mr. Mason does claim ; viz., by a grant to his ancestors, 33 514 PROVINCE PAPERS. [1684, "which improved and possessed the Province with great ex pense, until molested and finally driven out," But this Prov ince can net be concluded to be the place he clainls, until he makes these circumstances appear, which we are sure he never can do. Now, Mr, Mason, net producing any original deed for any of the lands ef this province, ner authentic copies, the inhabit ants can not make any compliance with him, both because we see no right he ever had, or believing, if ever any was, he hath mortgaged it already in England, and so alienated what right he had. Although, upon the former grounds, we have good plea against Mr. Mason's claims, yet we did net see cause to join issue, net only because judges and jurors were not qualified according te law, all ef them being picked for espous ing Mr, Mason's interest, by the Governor's order, who has a mortgage fer twenty-one years from Mr, Mason, fer all the lands in the Province ; but also because we were willing to attend the methods prescribed by his Majesty in his royal commission,* * Law-suits with Waldron. — Mason began his law-suits by a writ against Major Waldron (who had always distinguished himself in opposition to his claim) for holding lands and felling timber, to the amount of four thousand pounds. The Major appeared in Court, and challenged every one of the jury as interested persons, sorae of them having taken leases of Mason, and all of them having lands which he claimed. The judge then caused the oath of voire dire to be administered to each juror, purporting " that he was not concerned in the lands in question, and that he should neither gain nor lose by the cause," Upon which the Major said aloud to the people present, "that his was a leading case, and that if he were cast they must all become tenants of Mason ; and that all persons in the province being interested, none of them could legally be of the jury," The cause however went on ; but he made no defence, asserted no title and gave no evidence. Judgment was given against him, and at the next court of sessions he was fined for " mutinous and seditious words." Suits were instituted against many other land-owners, and decided in the same summary manner. In Dovor, beside Waldron, there were John Heard, Sen., William Home, Jenkin Jones, William Furbur, Jr., John Hall, Jr., Joseph Field, Nathaniel Hill, James Huckins, William Tasket, Zachary Field, Philip Chesley, Jr,, Thomas Chesley, Eobert Burnham, Anthony Nutter, William Furbur, Sen,, Thomas Paine, Charles Adams. 1684.] cranfield's ADMINISTRATION. 515 Copy of Nath'l Weare's first Complaint against Cranfield. [Farm, Belk., p. 488,] To the king's most excellent Majesty, and the lords of his most honorable privy council : The humble representation of Thomas Edgerly, Henry Longstaff, Thomas Stevenson, John Meader, John Woodman, John Windiet, John Davis, Sen,, Joseph Beard, John Kobert, Joseph Stevenson, Samuel Hill, Phillip Lewis, John Gerrish, John HiU, Joseph Hall, Thomas Eoberts, Sen,, and perhaps others, who were thus declared dispossessed. From seven to twelve cases were dis patched each day. Some executions were levied ; but the officers could neither retain possession, nor flnd purchasers, so that the property soon reverted to its owners. These matters went on until the representations of Nathaniel Weare so influenced the Board of Trade that they ordered Cranfield to suspend the suits. Executions, however, were issued after this ; the success which they met with may be learned from an incident which occurred in Dover : Certain officers, attempting to levy an execution, were driven off; they returned on the Sabbath, with warrants to apprehend the rioters ; a tumult ensued, which was ended by a young girl, knocking down one of the offi cers wilh her bible ; such a spirit was useless to resist. The suits were suspended, however, and were not resumed until long after Waldron's death. It is unnecessary for us, therefore, to say more than that, in the final decisions, the rights of the Colonists were fully pre served. Hist. Mem., No. 110. A. H, Q, To the foregoing the Editor adds the foUowing from a "Eepresentation of the Laws of Trade to king George II, respecting New-Hampshire, 1753," Copied from Papers in the Secretary' s office. '• In 1702, Col. AUen brought an appeal to her Majesty in Council from a verdict and judgment given against him in the Superior Oourt of Judi cature in New-Hampshire, the 13th of August, 1700, in favor of Eichard Waldron, who, at that time possessed the largest quantity of land in New- Hampshire, which said judgment was, upon an hearing of all parties, affirmed. But, in regard the judgment was not final in its nature, the order directed that the defendants should be left at Uberty to bring a new action in ^eciment in the courts In New-Hampshire, in order to try his title to the propriety of the lands in question, or certain quit rents paya ble out of the same, and that in case, upon such trial, any doubt in law should arise, the Jury be directed to find the matter specially, that is, what title the appellant and defendant do severally make out to the said lands in question, and that the points in law should be reserved to the court before which the same shall be tried," "WhUe this appeal was depending before her Majesty in Council, Mr, Allen presented a petition praying to be put in possession of the wastes and unimproved lands in the said Province ; and on the 28th of January, 616 PROVINCE PAPERS. [1684. Nathaniel Weare, inhabitant and planter in your Majesty's Province of New-Hampshire, in New-England, in America, on behalf ef himself and ether your Majesty's loyal subjects, inhabitants and planters there, whose names are subscribed to the four annexed petitions, as fellows : 1. That the honorable Edward Cranfield, Esq., your Ma jesty's governor ef the said Province, upon his first entrance on that government, in order to the enlargement of his power as governor there, beyond the just bounds and limits, your Majesty was, by your royal commission, pleased to set- him, 1702-3, his petition was referred to the Attorney-General for his opinion. Ist, Whether Mr, Mason [Allen ?] had a right to the waste lands in the Province of New-Hampshire, &c,, &c, ? [These questions were decided in the affirmative, but if disputed might be tried in the courts of the Prov ince, and the title be found by the Juries.] " On the 3d of May, 1705, the inhabitants and Terre-tenants of the Province, at a general meeting held at Portsmouth, came to the foUowing Eesolutions with respect to Mr, Allen's title" [to the waste and unim proved lands, conceding his right thereto], "These propositions having been finally settled and agreed to, were ordered to be presented to Mr, AUen for his acceptance ; but his death, which had happened on the next day, prevented it," " Upon the death of Col, Allen, his son, Thomas AUen, petitioned the Crown that an appeal brought by his father to the Governor and Council against a judgment given in the inferior courts iu favor of Waldron might be received, which petition, having been referred to the Attorney-General for his opinion, whether it might be proper for her Majesty to grant the prayer thereof, the Attorney-General, ou the 23d of March, 1705-6, re ported his opinion that by the Plaintiff's death, the writ of error was abated and could not be revived." " Upon Mr, Allen's suing for writs of ejectment in his own name, he was cast with costs, whereupon he appealed to her Majesty in Council, but died before the appeal was determined, having first by deed of sale, dated the 23d of August, 1706, conveyed one half of his lands to Sir Charles Hobby, of Boston in New-England," " Upon the death of Mr. AUen the half of New-Hampshire which re mained unsold, devolved to two infant sons, but it does not appear that any application was ever made since that time, by them or any one in their behalf, or any claiming under them to be put in possessions, and in the year 1746 Colonel Shute was appointed Governor of New-England," &c, &c. [The matter was never settled in law.] 1684,] cranfield's ADMINISTRATION. 517 and to engross the whole power ef erecting courts, with all necessary fees, powers and authorities thereto, into his own hands, exclusive of the general assembly there. The said Mr. Cranfield, at the first general assembly there, when the words of his commission ran, "And we do hereby give and grant unto you full power and authority te erect or constitute and estab lish such and so many courts of jurisdiction and public justice within the said Province and plantation, within your govern ment, as you and they shall think fit and necessary fer the hearing and determining all causes, as well criminal as civil, according to law and equity, and for awarding execution thereupon, with all reasonable and necessary powers, authori ties, fees and privileges belonging unto thera," caused his com mission to be entered in the council books there, and delivered a copy thereof to the General Asserably without the words [and they,] aflSrming those words te have been put in by mis take ef the clerk in engrossing the commission ; whereby the said Mr. Cranfield has enhanced the fees upon trials there to his own advantage, as will appear in one of the articles fol lowing. 2. Although your Majesty has been graciously pleased, by yeur said commission, to interpose between the inhabitants of the said colony and Mr. Robert Mason, pretended proprietor thereof, and to direct " That, on non-agreement between those inhabitants and Mr. Mason, the said Mr, Cranfield should inter pose, who, if he could not end the differences between, was by the said commission directed te transmit to England sueh cases, impartially stated, with his opinions and reasons on the same, that yeur Majesty^, with advice ef yeur privy council, might hear and determine the same," That, nevertheless, the said Mr. Cranfield, instead of keeping himself indifferent between the contending parties — Mr. Mason and the said inhabitants — hath, by purchase or raortgage from Mr, Mason, made himself owner of the Province, And, the better to ceme by what he hath so purchased, he hath, under color of the authority of your Majesty's coraraission, made courts whereof both judges and jurors have agreed with Mason fer their own lands, and some of thom have taken grants frem Mason of other men's lands : That, nevertheless, this jury is continued from month 518 PROVINCE PAPERS. [1684, to month, and kept for this service : That Mr, Mason has cast forty persons on suit by that jury, the court rejecting all pleas, and though the verdict be given fer Mr, Mason according to yeur Majesty's royal commission (which directs as before), and the judgment entered accordingly, yet, upon the execution, the inhabitants are turned out ef their lands and houses, as it hath fared with Wm. Vaughan and others, and deprived of all subsistence. 3. That the charge of every action is raised frem 20s, te Ql, which is exacted in money ; and though goods tendered (as usual), the persons are imprisoned for want ef money in kind, and Mr. Cranfield himself takes of the 61 4. That the said Mr. Cranfield, under color of trying actions, has, by setting the fees se extraordinary, forced several to quit their claims for want ef raoney te carry on the suit. 5. That the said governer, taking upon himself the power of pricing money, net entrusted with him by his commission, hath, against the agreement ef the General Assembly, by ad vice of his council, ordered pieces of eight, however wanting in their weight, to pass fer 6s. 6. That the said governor, without good and lawful cause, hath taken upon him te commit several men te prison, partic ularly Wm. Vaughan, until bonds given for their appearances and good behavior, when nothing further objected te them. 7. That the said governor and his council took upon them to make laws and put them in execution, without the General Assembly. 8. That, te prove the articles above against Mr. Cranfield, the complainants have successlessly endeavored to procure warrants or summons from the secretary, te summon their witnesses te be sworn (which can not otherwise be so), the seeking of such sumraons has occasioned being bound to the good behavior, so as the complaining of a wrong dene one, does, under Mr, Cranfield's management, but draw a new pun ishment en the afiieted, but ne manner ef redress. All which the said Nath. Weare humbly lays at yeur Ma jesty's feet, imploring your Majesty's present hearing what your petitioner is able te make out of the premises, and order ing some commission te examine the truth of the residue of 1684.] cranfield's ADMINISTRATION. 519 the said allegations (since your Majesty's governer en the place will net admit ef such evidence); that, on the return thereof, your Majesty's subjects in that Province may find such relief as to your princely wisdom shall seem meet; and that, in the meantime, Mr. Cranfield be admonished not to exceed the bounds of his commission. And yeur petitioner shall ever pray, &c. Eeference of the same to the Lords of Trade, at the Court at Hampton Court this llth day of July, 1684. By the king's most excellent Majesty and the lords of his Majesty's most honorable Privy Council. Upon reading this day, at the beard, the petition and com plaint ef Nathaniel Weare, inhabitant and planter in his Majesty's Province ef New-Harapshire in New-England, in America, in behalf of himself and others, his Majesty's loyal subjects, and inhabitants and planters there, whose names are subscribed te the four petitions thereto annexed, against Ed ward Cranfield, Esq., his Majesty's governer thereof: His Majesty was pleased te order that the said petition and com plaint be, and they are hereby referred te the right honorable, the lords committees of this beard for trade and foreign plan tations, who are te consider thereof, and te report to his Ma jesty at this beard their opinion thereupon, and then his Majesty will declare his further pleasure. A true copy : Philip Loyd. A Letter from William Vaughan, Esq., containing a Journal of Transactions during his Imprisonment, dbc, to Nathaniel Weare, Esq., Agent in London. Portsmouth, 4th of February, 1683-4. Mr. Nathaniel Weare : Sir, — These serve to give covert to the enclosed, which were unhappily mislaid, and so brought to Portsmouth, instead ef being carried by you to London, though en the ether hand you carried many papers to London, which ought to have been at Portsmouth. There were several papers in the bundle which were very important unto your 520 PROVINCE PAPERS. [1684. business, and the transporting ef them very prejudicial to some here. Your especial care about them is expected, yet may be safely returned with you, if net transmitted by you before your return. We are new a doing about getting evidences sworn, which, you shall have a further account by the first, though retarded much by having ne copies of them, as we expected. Since your departure much ado has been made : many execution.? extended : viz., upon Messrs. Cutt, Daniel, rayself, Mr. Fletcher, Moody, Hunking', Earl, Pickering, Booth, &c. I went to prison, but was redeemed with money. Sev eral .doors were broken open by Matthews, the marshal's deputy; chests, also, and trunks, and carried out of the houses till redeeraed with raoney, John Partridge and Williara Cotton are in prison, and have been sundry days. No pay (as fish, sheep, horses, &c,), would be taken for their execution, so their bodies were levied upon, and there they lie. Our minister, for refusing te administer the sacrament to the governor, is bound ever te the Quarter Sessions, te sit to-morrow. The issue we knew net, but six months' imprisonment threatened. Your wife and family well. Great bluster at Hampton about the petition ; seme weaklings were wheedled into a confession, and they discovered the per sons that carried the petition, who were, by justices G, and R., bound over to the Quarter Sessions : but last Saturday night (on what ground knew net), Mr. Green burnt their bonds and only teld them they must appear when called fer. Charles Hilton is lately dead. As other news arrives shall hand it to you by all occasions, and de yeu the like by us, bth. Quarter Sessions are ceme, and there Capt, Barefoot, Messrs, Fryer, Coffin, Green, Eoby and Edgerly, were justices. Eaines was attorney. It was brought in as a plea ef the crown. Mr. Moody pleaded his not being ordained, having no maintenance according to statute, and therefore not obliged te do that work which the statute required. Besides, these stat utes were net raade for these places ; the known end of their removal hither being that they might enjoy liberty in these foreign plantations, which they ceuld net have by virtue of the statutes at heme, and were allowed to have here, especially our commission granting liberty of conscience. These things 1684.] cranfield's ADMINISTRATION. 521 were pleaded, but to ne purpose. After a short pleading, and that net without many interruptions and smiles by the prag matic, busy, impertinent attorney, he was committed te the marshal (viz., Long Matthews), and held in custody that night, though permitted to lodge at Capt, Stileman's, -The justices debated a little : four ef them entered their dissent : viz,, Messrs, Fryer, Green, Eoby, Edgerly ; but Capt, Barefoot and Coffin were fer his condemnation. Judgment ef the case every man's was entered by secretary over night, but, being deferred till next morning, information was given te somebody, who came in and threatened and hectored after such a rate that Green and Eoby also consented, as yeu, see by the enclosed, and he was committed to prison. Petition was by him made to the court, and afterwards to the governor, that he might step up at night te his family and settle matters there, and that he might net ge into the dismal place — the common prison. The court could not, the governor would net of first, though in fine gave leave to the marshal to drop him at Capt, Stileman's, where he is confined to his chamber, though net without leave to go down stairs, or into the back side, and this was done 6th instant. At night, I having moved for the taking of evidences, which was in words owned, went te the secretary for summonses, intending te begin with Lieut. Hall and Thomas Wiggin. He refused to give summonses, but first (I suppose) raust inform some body I was sent fer by the marshal, huffed and hectored strangely, threatened, &e, ; in fine, must give bonds te the good behavior, I refused : there upon he made and signed my mittimus te the prison, though, by the way, I know not hew, was also dropped at and confined to Mr, Moedey's chamber, where we have been these two nights, very cheerful together. Peor Wadleigh, who was left te the governor's mercy, is come out upon security for forty pounds money, and your Gove for a like sum ; only William Partridge is to de it in work — building, fencing, &c. The actions go on, and are turned off hand apace, twelve at a clap, after the eld manner. Roby, though a justice, is still of the jury. A new trick is en foot. Several ef us that were executed upon and paid eur money the first suit, are sued again for illegally withholding 522 PROVINCE PAPERS. [1684. possession, though the marshal (who was, by execution, re quired te give possession, never came te deraand it) ; the issue of which we know not, matters being yet depending. 9th. The prisoners, Vaughan and Mr, Moodey, were fetched out of prison te plead their cases at the court, Messrs, Cutt, Daniel, John Partridge, rayself, and Mr, Moodey, were sued and all cast but the last, who had something particularly to say; and se he cast Mr. Mason, though we thought we all eaid enough te cast him : namely, that he had an execution for the land sued for; and, when he levied his execution, might have taken the land also, with many ether things, — enough of, we thought, to have turned the case against him before any indif ferent judges and jurors. But thus we are treated. But, above all, our minister lies in prison, and a famine ef the word ef God is coming upon jis. Ne public worship, no preaching of the Word. What ignorance, profaneness and misery must needs ensue ! By the premises, yeu see what need there is yeu should be vigorous and speedy as you may about your business, te de what may be to the preventing of utter ruin. My imprisonment is a present stop to the getting what evidence is needful; and it is like we shall not make any fur ther attempt here, but with what convenient expedition will be done what is needful and necessary, Mr, Martin was sued at the court in two actions : one by Mr, Mason, fer fines and forfeitures, collected and received by him as treasurer, from seventy-nine to eighty-two ; and another action, by the gov ernor, for fines, &c,, frem April, eighty-two. He is cast in both actions te the value ef about seventy pounds, although he pleaded that what he received was disposed by order ef the authority which made him treasurer, and had as good com mission from his Majesty as that was in being. Neither did it legally appear that either Mr. Mason or the governer have any right to fines and forfeitures, — the king appointing all public money te be disposed, or improved, for the support of the government. However, it is but ask and have. Their demands, in any case, have the force ef an execution. 10th. The Sabbath is come, but ne preaching at the Bank nor any allowed to come to us. We had none but the family 1684,] cranfield's ADMINISTRATION. 523 with us— the poor people wanting for lack of bread. Motions have been made that Mr, Moodey may go up and preach on the Lord's day, though he ceme down te prison at night; or that neighbor ministers might be permitted to come and preach; or that the people might ceme down to the prison and hear, as many as could. But nothing will do; an un paralleled example amongst christians te have a minister put out, and no other way found te supply his place by one means or ether. Mr. Fryer was severely threatened fer refusing to subscribe Mr. Moedey's commitment, but hath obtained fairly a dismission from all public offices. Justice Edgerly also cashiered, and bound over te the Quarter Sessions.* It is said that Justice Green is much afflicted fer what he has dene, but Roby not. Peter Coffin can scarce shew his head in any com- pany.f lith. News came from the fert at Casco that there was great danger ef the Indians rising, which hath occasioned a meeting ef the council and some discourse, but hear no more since, and hope it may vanish. 15th. Good Mrs. Martin was buried, being net able to live above one Sabbath after the shutting up ef the doers ef the sanctuary. Somebody has said that the imprisoning ef the minister is none of his work, — he did but constitute the court ; they did it themselves; though also hath said he would have done it himself if they had net. llth. Another sad Sabbath. 18th. Came Messrs. Mason, Barefoot, our secretary, with Thurton, who swore against rae a false oath, of which I have * Tho. Edgerly was, by the governor's order, of the sessson, discharged from being justice of the peace, and of being in any other public employ ment. — Records of Court of Q. S. t Mr, Moodey, in the church records, remarks thus on his judges : " Not long after. Green repented, and raade his acknowledgment to the pastor, who frankly forgave him, Eoby was excommunicated out of Hamp ton church for a common drunkard, and died excommunicate, and was by his friends thrown into a hole near his house, for fear of an arrest of his carcass. Barefoot fell into a languishing distemper, whereof he died. Coffin was taken by the Indians, at Cochecho, 1689, — his house and mill burnt, himself not being slain but dismissed. The Lord give him repent ance, though no signs of it have yet appeared." 624 PROVINCE PAPERS, [1684. enclosed a copy. Thurton said he was sent for on purpose to give in his testimony against me. They went away; and seen after came the enclosed mittimus, directed te Mr. Raines, who is sheriff and marshal in Mr, Sherlock's room, that have been out ef favor of late, though new it is said in favor, but net in place again. Mr. Estwick is also put out of all office. Note : That when I went to- him fer taking oaths, he said all oaths sheuld be taken before the governer and council, but new could send te justices te do it. We had for seme nights our key taken away from the chamber deer, about 8 or 9 at night, but have since left off that trade. Sewall, ef Exeter, is dead,* Several overtures were raade this week to John Par tridge and William Cotton, by Raines, to come out of prison, he giving them three month's time to provide money, er any other current pay, though they tendered fish, planks, &c. Be fore they were put in they refused to accept, 24fA. This Sabbath our wives, children and servants came down and spent the day with us in our chamber, and we yet hear nothing said against it, 2bth. The marshal goes and levys upon John the Greek'sf sheep and cattle, for the execution, fer which he had lain about three weeks in prison, and then came and ordered him to go about his business ; fifteen sheep, sundry lambs, and two heifers, seized for six pounds, edd money. This day also Mr, Jaffrey, having had sundry warnings the week before to clear his house, because Mr, Mason would come and take possession of it, went, nevertheless, te the Bank upon business. Meanwhile came Mr. Mason with the marshal, and turned all his servants out of doers, set another lock en the doer, and at night, when his servants came home wet, they would net suffer them te ceme in, but there lodged Matthews and Thur ton all night, Mr. Mason said, while about this work, that he was sorry Weare had no more of this news to carry home with him. The governor having sent to Mr. Cotten,J that * Probably Edward Sewall, who died in 1684. f This person is called in the Eecords of the Court of Quarter Sessions, John Greek, alias Amazeen. J Eev, Seaborn Cotton, of Hampton, 1684,] cranfield's ADMINISTRATION. 525 when he had prepared his soul, he would ceme and demand the sacrament of him, as he had dene at Portsmouth already. Mr. Cotton, the latter end of the week before last, went to Boston and has been out two Lord's days already. All is well with yours there, as far as I can learn. I can not ge to see, else might have given them a visit. One word more about my business. I am under imprisonment about Thurten's business, being seized by the marshal, and committed, when in prison before, for not giving bond fer the good behavior, though nothing charged upon me, any mere than before, which you well knew. I know nothing but they intend to keep me here endlessly. It is said I must pay one hundred pounds fer striking one ef the king's officers, and must have my name returned into the exchequer, and must lie in prison till the money be paid, and I am discharged frem the exche quer. The design, you may easily see, is te seize me, and how vain ray pleas will be you may easily guess. Though I have many things te say : namely, that Thurton was either ne officer, or at least not known to be so, however not sworn, nor did 1 strike him in the highway, as he swears, nor is there any proof but his own single testiraony, which, hew far it avails in such a case, would be considered. It is also worthy of inquiry whether ever that law was intended for us here, being ne customs te be gathered, ne exchequer to be applied to, and therefore how these methods can be observed is net intelligible. Yeu may easily imagine how things will be ifi am forced to comply with their humors. Pray consult, consider, and see if something may not be done to put a step te such arbitrary proceedings. A trial en the place, by indif ferent, unconcel-ned judges and jurors, if at least there can any such be found, who will net be forced into what some will have done ; but I shall net need te instruct you. There yeu have better counsel then I can give you, and of yeur fidelity to inquire and remit by the first, what is needful on this account, I doubt not. I have given you but a taste. We that see it know more than can possibly be understood by those that only hear. In 526 PROVINCE PAPERS. [1684. a word, such is the height of their heat and rage, that there is ne living for us long in this condition. But we hope God will be seen in the Mount. I sheuld have inserted what fell out after the dissolving of the rebellious assembly. There was discourse ef constables, and instead of the freemen cheesing as formerly, they took a short and cheaper course, and at the Quarter Sessions consta bles where chosen;!, and to begin with Mr. Speaker,* he has the honor to be constable for Portsraouth ; Capt. Gerrish, Lieut. Anthony Nutter, and John Woodman, fer Dover ; John Smith, the cooper, for Hampton ; John Foulsom, at Exeter. Whether Mr. Speaker shall sue er fine, is net yet determined. And now I am speaking of the General Assembly, must hint what was formerly forgotten : namely, that they convened on the Monday, and the choice ef the speaker (their old one), in words highly approved, and he complimented alamode. Then a bill was sent them down (of which, if I can get it, being new in prison, shall enclose a copy), which they talked a little of, and then broke up for the night and went up to the Bank te lodge, (the tide serving very well to go and come), the report ef which highly disgusted, and the next morning the answer to the bill vehemently urged, which was in fine a negative. Hereupon, in a great rage, telling them they had been up to consult with Meodey, an utter enemy te church and' commonwealth, with mueh of like nature, he dissolved them, which was done en the Tuesday, after which he came up te the Bank, and gave order for a sacrament on the next Lord's day, as you have heard, and since the assembly-men pricked for constable. By the premises yeu will see hew the governor is making good his word. He came for money, and money he will get, and if he gets it you knew who must lose it, and how miserable must our condition quickly be, if there be no remedy quickly provided. He contrives and cuts ont work, and finds civil instruments te make it up, and these same among ourselves. Thus we are cloven by our own limbs. * Eichard Waldron, who, it appears from the records of the Court of Quarter Sessions, was appointed constable for Portsmouth, February 6, 1683-4, but refused to serve. 1684.] cranfield's ADMINISTRATION. 527 28th. Since Mr. Jaffrey was dispossessed, Raines offered hira five shillings per annum quit-rent to Mr. Mason, he should have his house again, provided he would own him proprietor; but, he refusing, it is said he shall never have it again. The talk is that his house must be court-house and prison both ; and standing so near the governor it is judged suitable, fer both these ends, that he may have the shorter journey to court, and the prisoners may be always under his eye. 2dth. John the Greek having lain seme weeks in prison upon execution, his goods having been levied upon (as above), was by Raines locked out of the prison, and bidden to be gone; but he would net; keeps his quarters still with the other two. This day his goods were sold by the marshal, and bought by Thurten. Mr. Cotton* is ceme home frem Boston. Great offence taken here at a sermon he preached in Boston, on Acts xii. v., though pleasing to the hearers. March 2d. This day Mr. Jaffrey's goods were all turned out of doors by the sheriff, &c. ; his man received and disposed of them. Against Jaffrey there are two oaths taken, single oaths, but, being for the king, will pass, and orders are given .for warrants to apprehend him. He appears not. 5th. It is said that they are going this day to Major Wal dron's, te serve him as they have done Mr. Jaffrey, and it is given out that the rest will be treated in like manner. The court was adjourned yesterday te the next month ; probably that they might levy the executions that are in bank before they cut out any more work. Justice Green seems something troubled for sending the minister to prison, and saith he will never do such a thing again; but Peter Coffin saith it is a nine days' wonder and will soon be forgotten, but others think otherwise. If they ge en thus we are utterly ruined ; must go away er starve, if at least we be net se confined that we can net go away neither. I question whether any age can parallel such actions. In my last I sent you a letter to Sir Josiah Child, my master, ef which also you have another copy here with. My design is that yeu carry the letter yourself, wait * Rev. Seaborn Cotton, of Hampton. 628 PROVINCE PAPERS. [1684. on him while he reads it, and if he will please to hear you (as I hope he raay), that yeu araplify matters, inform him what further intelligence you have, and attend his directions, if God move his heart to do aught fer us. This day the governor sent us word by the marshal that he must remove to Mr. Jaffrey's house to-morrow, which house is made the prison. We hope the news ef the rising of the Indians will fall to nothing. Ditto bth. Thus far was sent yeu by way ef Barbadoes. It fellows. The governor did say te a Salem man that Moodey might go out ef the prison, if he would ge out ef the Province, but we hear no mere since. James Robinson, under great wrath and in much danger only fer speaking something to Thurton (ef his being a pitiful fellow, &c,), while said Thurton was active in turning out Mr, Jaffrey's goods. 6th. Matthews and Thurton hunted for Mr, Jaffrey; searched in Mrs, Cutt's house ; went into every room above and below stairs ; searched under her bed, where she lay sick in it, but found him net. They carried it very rudely and basely in their work. Matthews said he would catch hira, er have his heart's blood, but he was not there. Mr. Jaffrey's goods were carried to the ether side by night. It is said that eur iraprisonraent hath much alarmed the whole country, and made thera mere fend ef their liberties. This night Matthews was beaten at Mercer's;* (seme fuddling about it, it is like;) but it is raade a mighty thing on ; said to be a deep plot, — deeper than Gove's, — raanaged by strong heads and abundance ef that nature, and because the persons concerned were under the influence of Vaughan and Moodey they should suffer for it, for net teaching thera better. Though we knew no more ef it than yeu, nor is there aught in it worth notice, but thus we are treated. The governor went up to the Bank and made great inquiries about it. Capt. Pickering and others that were in the fray, are bound over. 1th. They had six pounds five shillings ef Obadiah Morse by way ef execution, Raines was discarded, being put out ef being sheriff, &c,, though he had his commission under the * Francis Mercer, who was an ale-house keeper. 1684.] cranfield's ADMINISTRATION. 529 seal but the other day. Matthews is made provost marshal (at least) in his room, and Thurton marshal's deputy. Geed birds for such offices ! Lord, have mercy upon us ! They had also eighteen shillings from Samuel Case.f The rest is de ferred, and he has put away his goods, and intends te remove or go to prison, and se we must all. llth. The Indian news occasioned an order to the trustees to get ammunition. They came down and pleaded their time was up. It was said, Yeu shall keep in during my pleasure. They said they had ne money ef the towns in their hands, nor ceuld any be raised without a General Assembly. " Then lay out your own money, er else wee te you;" and this they are fain to comply with. He said and swore that if Mason would net acknowledge a judgment next court, of six hundred pounds, he would take all his business frem him, and sue in his own name. He swore he would turn out that rogue Ellet, who is as bad as any ether. Mr. Waldron, being sent fer by warrant to come before the justices to take the constable's oath, appeared before Mr. Mason and Capt. Barefoot ; but excusing it, and giving geed reason, was dismissed upon paying five pounds; but poor Capt. Barefoot was most fearfully rated at fer his labor; many oaths sworn that Waldren should either take the oath or ei ther take up with a goal. The next day (though the justices, whose business it is) had fairly dismissed him, he was con- vented again, the oath tendered, he threatened with a prison immediately, but told them he knew the law better than so. They then took his own bond to answer it at quarter sessions ; and so far of that matter as yet. Another constable is chosen : namely, Capt. Pickering, though he has as yet waived the oath, having lately served in that place, and pleading his being bound to good behavior fer that last fray. He talks much ef frigates to scare the poor people. 14th. Council sat, and ceuld net agree about raising money, which highly provoked somebody. They said the General Assembly OBly could raise money. The governer teld Mr. t Probably Cass. 34 530 PROVINCE PAPERS. [1684. Jetfrey's negro he might go from his master — he would clear him under hand and seal ; so the fellow no more attends his master's concerns. 15th. This day the secretary was, in a great rage, turned out of all offices, except secretary to the council (an empty name, little profit), and the books sent for out of his hands. He is much concerned and dejected. I am credibly informed, and you may believe it, that the governor did, in the opeil council yesterday, say and swear dreadfully, that he would put the Province into the greatest confusion and distraction he could possibly, and then go away and leave them so, and then the devil take them all. He also tben said that Mr. Mason said he would drive them into a second rebellion, but himself would do it before, and I wonder he has not ; such actings are the ready way, but God hath kept ns hitherto, and I hope he will do so still. He also said and swore that any person that should have any manner of converse with us, or any of our mind, he would count them his utter enemies and carry toward them as such. 17. The governor having formerly prohibited the prisoners frem making shingles, went himself this day te the prison, and I)rohibited John Partridge frem making shoes ; bade the marshal throw them into the sea. This day Eaines, being not willing to give up a warrant that he had executed during the short time of being sheriff, was sent fer by the governor, and, not appearing, the governer carae to his chamber, aud did beat him dreadfully, and bade the marshal carry the rogue to jail. He remains out of favor still. The governer also went ever to Capt. Hooke's and got him to give warrants te the constables on the other side, to search all houses for Mr. Jaffrey, and bring him over, but they found him not, nor is he yet found, though proclamation was made at Wells' court for his seizure, though not yet done. March 18. This morning came Matthews to eur chamber, and said the governor sent him to carry me to prison, where I am, where I still lie ; being put in only for Thurton's action, and kept in, though I offered security to respond it. I think they have let fall the other about the good behavior, seeing 1684.] cranfield's ADMINISTRATION. 531 they can make nothing of it, and before my coming in, John the Greek's bed, &c., was turned out of prison, and he forced away, who would not depart before. 21. Mr. Martyn came to discourse about the money he was cast for, which they have not yet levied upon him, but intend to lay it upon all the old council equally, that each may bear his share. At the same time, the governor told Mr. Martyn that be would send his execution. Said Mr. Martyn, Yeti know it is not my due to pay the money. No matter (said he), I want money, and will have it. But I have none, said he ; then I will take your house. He added also, te Mr. Martyn, that he was a church member, and he would watch him and all such, and be sure to pay them off if he could catch them. 22d. The sorest storm and the highest tide that ever was known. Many thousands of pounds damage in Boston, and much here. The bridge to the Great Island broken off in the middle, to the great joy of many. 2i:th. The governor went to Boston in Pox's sloop, intend ing thence to New-York, pretending to discourse Colonel Dungan, and bring down two hundred Mohawks to kill the eastward Indians. What is at the bottom, or will be the issue, God knows. He had a cold treat at Boston ; staid not a night in town. Since his going, we have had little news worthy of your notice, but all things have been very quiet hitherto. I have net enlarged upon these particulars to my master Child, but if he will take any notice of the thing, and be con cerned about it, he will then give you opportunity ef discoursing him, and yeu may inform what is further needful. Zlst. This month passed out and the ether came in without any noise, unless the great joy that was at the Bank, by Mr_ Moedey's going up thither, and my going once or twice after with our keepers, by Mr. Mason's permission, who presides in the governor's absence: but we soon returned to the place from whence we came. April 8th. Nathaniel Fox, who married Mrs. Stileman's daughter, sent Matthews to arrest Capt. Stileman for his wife's portion (though it was often tendered him in such pay as the court ordered it, but he would have it in money). 532 PROVINCE PAPBRS. [1684. Capt. Stileman gave his own house, and all that was in it, fer security to answer the action ; but Matthews, bringing Thurten with him at his instigation, who was terribly insolent, they arrested the woman — Mrs. Stileman — and carried her to prison with much violence and course usage, though her husband had given security. She was carried in the evening. Capt. Stile man wrote to Mr. Mason : He protested against it, and wrote to the marshal it would net do. He went again, and Mr. Mason wrote again, but to ne purpose. They kept her there till •the next morning; a thing not te be paralleled in the English nation ! Complaint hath been made, but ne remedy. Abbot being up at the Bank with me, Thurton took the key of the prison, and, when Abbot came, would not permit him te ge in, but turned him away. Brave doings I Ne tongue can tell the horrible imperiousness and domineering carriage of that wretch. The next morning Mr. Mason (much ado) got Mrs. Stileman out, and the jailer into his place again. Mr, Masen gave leave fer any minister te come and preach at the Bank, so that we got Mr, Phillips* for two Lord's days : namely, thirteenth and twentieth, having been nine Lord's days without a sermon, lith. Came H. Greene te Mr. Moedey's chamber, and made a confession ef his fault, and begged his pardon for putting him in prison, and said he would get him out Quarter Sessions, &c. Geed words, but . Capt. Barefoot went te the prison and told John Partridge that if he would give an order to allow se much as his charges carae to, out of what the Prov inces owed him about Gove, for the soldiers, &c., he sheuld ceme out ef prison, and they would pay him the remainder, the whole being about thirty pounds ; but he was not forward lest he should in so doing quit them ef false imprisoning him j but if they would do it themselves, step se they might. Noth ing is dene in it. 15th. Matthews and Thurton were sent to Hampton to levy execution and serve attachments, and warn jurymen for the court in May. They arrested seven, among which Capt. Sherburne was one, warned the eld jurymen, executed upon * Eev. Samuel PhiUips, of Eowley. 1684,] cranfield's ADMINISTRATION. 533 William Sanborn, took four oxen, which were redeemed by money, drove away seven cows frem Nathaniel Bachiler, went to yeur house, met your son Peter going with his four oxen into the woods, commanded him to turn the oxen bome; he would net; they cursed, swore, drew upon him, threatened te run him through, beat him, but he did not strike again. They came te yeur house, were shut out, your wife fearfully scared fer fear of her son who was out with them. At length she let them in, laid three pounds on the table which they took, and then levied on several young cattle, but released and left them. Your sen came hither to advise, but complaining is bootless, such a dismal case are we in. They took away two beds from old Perkins, but his sen offered his person, and they took it, and quitted the ether. What raere they did there we as yet hear net, Capt, Gerrish, John Woodman, Lieut, Nutter and Nathaniel Bachiler are sworn constables, llth. I went te Mr, Mason, at Capt, Barefeot's house, and had several witnesses with me, and desired him to take depo sitions, that I raight send them heme, about my case, and the rest ef the cases, but he refused. The governor had put me in prison when I asked him, and now in his absence, the deputy governor denies te grant them. I hope this will be matter of just complaint, that we should be hindered frem applying to his Majesty fer relief under our oppressions. You will have evidence of his denial sent home, sworn before some of the Bay raagistrates. We can do ne mere unless the Bay sheuld assist us, which they are loath te de, and we are loath te put them upon, as matters are circumstanced with them; but we think it should be taken very heinously by all that love justice and are willing to administer it, that his Majesty's subjects sheuld be thus treated. Surely they are afraid or ashamed ef their actions (and they raay be both), else they would net be se shy ef having them known. This is what offers here ; what mere needful, cousin Waldren will advise frem Boston. With due respects reraain yeur assured friend and servant. For Mr. Nathaniel Weare, in London. 534 PROVINCE PAPERS. [1684. A Discourse with the Governor about my Imprisonment, May, 1684, subjoined to the foregoing Letter. At a sessions held the 6th of May, 1684, I was denied coun sel, and to have witnesses sworn. Mr. Waldron, Captain Stile man and Captain Frost were presented. 10th. The governor was with me in prison. Mr. Chamber lain, Mr. Hinks, and Mr. Sherlock with him. The governor proffered me (that, whereas I was fined by the justices in Thurten's case, I might think they had not done me right) that, if I would prosecute it (giving security so to do) in the king's bench, at Westmihster, the exchequer, or before king and council, I should ; though, by his commission, he could net do it. My answer was. Unless I ceuld have security given me that, in case I should recover, I might have my charge and damage made me good, it would be ne benefit to me. He said there was no reason for that, because it was for the king; though it was his, because Mr. Masen had resigned up to the king all fines and forfeitures, and the king had given it to him. But he said if I would deposit a valuable sum he would do the like, and would give bond and have it tried as above said. My answer was, I thought the forty pounds was enough, and that I expected execution would ceme out at the time, and should endeavor, by the time, to provide enough for it, but, withal, teld the governor it was at his liberty te remit it, if he pleased, by virtue ef his commission. Also for my being in prison for not giving bend for my good behavior. When the sessions came I was not brought up to my trial for that, but remanded to prison again. At ditto time the gov ernor told me he had put me in prison on that account, and he would abide by it till I would give two hundred pounds bond. My answer was, I had rather lay in prison than give bond to tempt such a fellow as Thurten (er such others), that bad sworn against me already, and falsely; and judged it might be no scruple to him to do the like again. And withal told him that if his Honor pleased te let me out of prison, I would engage myself, by bond, to live out of the Province, though that would be very detrimental to my concerns, and by that I hoped he would have no thoughts of my misbehav- 1684.] cranfield's ADMINISTRATION. 535 ing myself that would be detrimental to the king's govern ment here, or himself Not that I scrupled giving bond for my good behavior, though not accused for any thing, but for laying a temptation to some base minded person or persons to forswear themselves, as one had dene before, in another case, relating to me. 12th. Was informed that whereas Thurton had a commis sion to be prison-keeper (and, withal, had vapored, and said the prison was too good fer Vaughan, and the room that he had fitted up did intend te keep it himself, and that Vaughan should take his quarters where he would assign it, and that the prisoners should not be waited on as Abbott had done, for he would keep them locked up, only come morning and even ing), lost his pocket-book, wherein was his commission and sundry papers of concernment. A Brief of Cranfield's Commission, and of the Evidences in support of the Complaint, and against it. NEW-HAMPSHIRE IN NEW-BNGLAND. 1. IX no. Mail. XXXIIII to Car. 2 di. The king by letters patent, under the great seal ef England, constitutes Edward Cranfield, Esq., lieutenant-governor and commander-in-chief of all that part of New-Hampshire Province, in New-Bngland, extending frem three miles northward ef all er any part of Merrimack river unto the Province of Maine. To execute all things belonging to his commission, as per instructions there with, or such further powers and instructions as, under his Majesty's sign manual, shall be sent, and according to the rea sonable laws in being there, and such other as shall be made and agreed on by him, with the advice and consent of tho council and assembly there, as hereafter. 2. Robert Mason, Richard Waldren, Thomas Daniel, William Vaughan, Richard Martyn, John Gilman, Elias Stileman, Job Clements, Walter Barefoot, and Eichard Chamberlain, Esqrs., to be of his Majesty's council there, and to assist in the gov ernment. Cranfield to take an oath for the due execution of his office and trust, te be administered by any five ef the said council; and he to give the oaths of allegiance and supremacy, 536 PROVINCE PAPBRS. [1684. and the test in the act for the prevention ef dangers from popish recusants, and the oath for due execution of their places and trusts. 3. Power of suspending raembers in just cause, five te be a quorum. To certify vacancies, by death, departure or suspen sion, that now may be appointed under his Majesty's sign manual. Power to Cranfield, out of the principal householders, te fill up the council, when less than seven on the place, and net more till they are confirmed, er others made under the sign manual. 4. Suspended or displaced Members not to be of the General Assembly. Power to call assemblies of freeholders, with con sent ef the council, till further pleasure signified, which assem blies are te take the oaths ef allegiance and supremacy, or be incapacitated. And the governor and assembly to make laws, agreeable as near as raay be te those of England, te be allowed er disallowed by his Majesty under the sign manual. 5. Governor to have a negative voice in raaking laws, with power to dissolve and prorogue general assemblies at pleasure, and to use the public seal. Power te give the oath of allegi ance by hiraself, er ethers, te whom he pleases. Power to himself to erect what courts he thinks necessary fer law and equity in matters both civil and criminal. To make judges, justices of the peace, sheriffs, and other necessary officers, and te administer necessary oaths to them. Power to pardon criminals (except in treason and willful murder), and to reprieve therein also, until his Majesty's pleasure be known; and to remit fines, &c. 6. Appeals to the king and his council, in all actions, real and personal, ef above £50 value, and net under, the appellant giving geed bail, te answer costs and charges, which shall be awarded by his Majesty here, and execution not te be suspend ed by the appeal. In cases ef life er limb (willful raurder excepted), the party convicted either to be sent to England, or his case, and execu tion respited until orders therein returned by the king or his council. Power to levy men and transfer them from one place te another in America. 7. To execute the office of captain-general, and martial law 1684.] cranfield's ADMINISTRATION. 637 in time of war. The governor, with consent of the council, to erect forts, platforms, castles, cities, boroughs, towns, and fortifications necessary, and the same to fortify or dismantle. Invasion to be repelled by force of arms. To discourage vice and encourage virtue. Liberty ef conscience to all Protestants, and those of the church of England te be principally encour aged. 8. The present taxes te be continued until the general assembly fix others. Public money te be issued by the gov ernor's warrant, with consent of tbe council, and to be used for support ef the government, and not otherwise. The gov erner to be vice-admiral ef all the seas and coasts belonging te his government, and te receive instructions therein frem the D. of Y,, lord high admiral there. Power to appoint fairs, marts, and markets, with advice of the council. The like fer ports, harbors, havens, &c,, fer shipping, &c,, and custom-houses and officers fer the sarae, and those te alter and displace, fol lowing the rules of the acts of trade and navigation. 9. All officers and inhabitants te be aiding te the governer in execution of the said powers. Power to appoint and dis place a deputy governor, who is to be of the council, .The council te govern en the death of the governer, and in his absence, when no deputy appointed. 10. Eecites that the land in New-Hampshire was held and improved byseveral under title from the Massachusetts, since evicted, and Mr, Eobert Mason's claim thereto ; for preven tion of whose, being unreasonable in his demands, his Majesty had obliged him, under hand and seal, to demand nothing for the time past, until the 24th June, 1679, ner molest any fer the time to ceme, but raake them titles forever, paying 6d. per pound fer the true yearly value ef all houses built, and ef all lands, whether gardens, orchards, herbal or pasture, improved by them, which shall be bounded te thera, provided Mason have the residue te raake the best of. 11. On non-agreement between the inhabitants and Mason, the governor to interpose, who, if he cannot end the differences between them, is to transmit to England such cases, impar tially stated, with his opinion, and reasons en the same, that his Majesty, his heirs and successors; with advice of the 638 PROVINCE papers. [1684. Privy Council, may hear and determine the same. The gov ernor to held his office and said powers during his Majesty's pleasure. The commission of 18th September, 1679, to be void. William Vaughan will depose that at a court on Great Island, 6 Noveraber, 1683, Walter Barefoot, deputy governor, Nathan iel Fryer and H. Greene, judges, Robert Masen, plaintiff, W. Vaughan, E. Waldren, N. Weare, and Eleanor Cutt, widow, defendants, concerning title of lands, judgment was given for the plaintiff, from which the defendants appealed, and their appeals were admitted. And the 16th following Mr. Mason proraised to attend at Mr. Vaughan's house, te take the secu rity, when the appellants and security attended, but no Mr. Mason nor secretary. But appellants and security went and found out the secretary, to whom they tendered security, who said he had ne orders te take it, and refused taking it, whereby the seizin and appeal lest. That, in order for the trials of Mr. Mason's land : 1. There is a standing jury kept from month to month. 2. That, by report, those jurymen have agreed with Masen for their lands. 3. That several pleas have been refused, and the defendants teld by the judges they would not make record for them by entering their pleas. 4. That the courts refused reading the Stat. 27 Eliz., c. 6, sec. 2 ; Coke's Inst, lib. 2, cap. 12, p. 156, and other statutes. llth February, 1682. The governer, Mr. Cranfield, by note affixed en the church doers, gave notice that, if the inhab. itants of that Province carae net in within a month, to take leases frem Mr. Masen, pursuant to his Majesty's commission, he would certify the refusal te his Majesty, that Mr. Mason might be discharged frem his obligation to grant such. Signed : Ed. Cranfield. Ath January, 1683. Joshua Moodey will depose that Gov. Cranfield, about December, 1682, showed the deponent writ ings, under the hand and seal of Robert Mason, conveying his right to New-Hampshire Province to Mr. Cranfield. 4tA Jan. 1683. William Vaughan and Richard Waldron, Jr., will depose the same. Ath Jan. 1683. Reuben Hull will depose that, in December last, Mr. Cranfield said Mason had given him deeds for his 1684.] cranfield's ADMINISTRATION. 539 Province, which he had shown to Mr. Vaughan and Mr. Wal dron, and intended suing Mason at the next court for tho same. William Fifield, Jr., Richard Sanborn and Nathaniel Sanborn will depose that, in October, 1683, being at J. Sanborn, senior's house, when Robert Mason, Sherlock the marshal, and Jaraes Leach, came to give Mason possession, when Sanborn, not opening the deer. Leach, by the marshal's order, broke it open, and gave Mason possession, and Sherlock took Sanborn prisoner ; when Masen openly told the people, " This is what you shall all come to." 13th April, 1683. Thomas Wiggin swears, that in March last he and Eobert Mason and Robert Hall, being at deputy governor Barefeot's house. Mason said he would seize Major Waldron's, Jeshua Moedey's, John Partridge's and Capt. Tip- pen's lands, who should not have one foot in the Province, and that he would live en Andrew Wiggin's farm, being a good one : That the people had been in one rebellion, and he would force them into a second, and then hang them : That, shortly, there would be a frigate there with soldiers, whom he would quarter in the Province at the people's cost, and that then they would rebel : That, let Wadleigh go for England if he would, — New-England had now no friends in the council or commit tee, but formerly they had the lord privy seal : That he and his two sons would fight any six there for the Province, at sharps. Sworn before Wm, Vaughan, Justice of the Peace. 18th April, 1683. Lieut, Robert Hall, justice ef the peace there, swears the sarae before justice Vaughan, 14iA April, 1683, Shadrach Walten swears that, about three weeks before, he heard Mason say that he looked fer a frigate with soldiers, and would quarter ten at each house, till they eat up all the people's cattle and sheep, and beggar them ; and that then he would see what they would do: And, upon in quiring of the reason why, said it was because they would net comply with him according te his Majesty's order : Said he would speedily seize Major Waldron's, Mr, Moedey's and J. Partridge's estates ; and bade deponent tell Lieut. Nutter his estate was going after the rest. Sworn before W. Vaughan. 540 PROVINCE PAPERS. [1684. 27^A September, 1683. Against us, R. Masen, E. Chamber lain and Joseph Rayne swear that, 2.'ith September, 1683, in a trial between Masen and R. Waldron, the defendant excepted against the whole jury, and openly teld the people they were all concerned ; that his would be a leading case, and that they raust all be Mason's tenants; and that they, being all parties, could not be ef the jury: That Barefoot, being the judge there, would have ceramitted him for the words as mutinous : That the said Waldron, in March, 1680, said they were net the mere bound te believe the king's letter because the king had writ it. Thomas Philbrick speaks ef some discourse between him and Henry Greene, Esq., about Henry Eoby and Nathan iel Boulter — two standing juryraen — having had land frem Mason, which was worth £100 above the 2d per acre to be paid. Note : H. Greene is one of the judges, Henry Dow can testify that the llth October, 1683, Henry Eoby had land measured out to him of one hundred acres, upland and marsh> appointed him by Masen; and Nathaniel Boulter, Sen,, and his sons, had twenty acres, which he said was tee little, in that Mason promised him thirty ; and Robert Sraith had a piece of raarsh land, he claiming the same from Mason : That these grounds were part of the unfenced pasture, where the milch cows of Hampton inhabitants used to feed, the less whereof is of great prejudice to the town. Ephraim Marston says the same. llth July, 1683. E. Waldron, John Windeat and Thomas Roberts certify that, upon the governor's summons of the 17th February, 1682, above, within the time set, attended the gov ernor te know his pleasure therein, who bade them agree with Masen ; on discourse with whom, in another room, the gov erner, overhearing, carae in and told Col. Waldron that they sheuld not hecter se in his house, and bade thera begone ; that they propounded to Masen to refer the matter te the gov erner, er otherwise that the governor should state the case to his Majesty, according to the commission ; which Mason re fused, saying, that unless they owned his title, he would have nothing to de with them. Richard Waldren, Sen., fined £5 for mutinous words spoke at a trial, between him and Mason, and fined £10 for words 1684.] cranfield's ADMINISTRATION. 541 spoken to the dishonor and contempt ef his Majesty, frem which sentences he desired leave to appeal. Certified by Richard Chamberlain, Prothon. llth Sept., 1683. Warrant to James Sherlock, marshal er deputy, te attach the goods, or, fer want thereof, the body of E. Waldron, and take bond with sureties of £4000 for his ap pearance in trespass for lands held and woods felled te £4000 value, ad. s., E. Masen, Sept. 19, 1683. The warrant served on part of the defendant's goods in the name of the whole, 6th Nov. 1683. — Judgment for the plaintiff, 10s. damages, and £5 8s. costs. The defendant appeals, which allowed £200 security before the 16th te pay the cost ef the appeal, and to prosecute it in six months. 23d Nov., 1683. — Warrant for costs. 10th Dec, 1683. The governer and council commanded the ministers there to admit all persons, net scandalous, te the sacrament, and their children te baptism : That if any desire the sacrament er baptism, according to the liturgy ef England, it be dene pursuant to the laws ef England and his Majesty's command to the Massachusetts ; ministers refusing, being duly required, to incur the penalty of the State, and the inhabitants freed from paying tithes or ether duties te such minister. And the governor ordered Joshua Moodey, minister of Portsmouth, personally to read that order at his meeting-house the next Lord's day. Ath Dec. 1683. The governor and council ordered all the ministers in New-Hampshire te attend, the Monday following, te give their reasons why they did net adrainister the sacra ment according to his Majesty's letters sent the Massachusetts, and the statute in that case. 15th Jan. 1683-4. James Sherlock gives Moodey notice in writing, that Cranfield, Barefoot, Charaberlain and Hincks would receive the sacraraent, according to the liturgy ef the church of England, the next Sunday. April, 33 Car. 2, di. 1681. By indenture between Eobert Masen and Eichard Eich, Masen, in consideration ef 20s., bar gains, sells, enfeoffs, &c., to Rich and his heirs, a house and orchard at Dover, a field of eight acres, two acres on the com mon ; another field of three acres and a half, and six acres of 542 PROVINCE PAPERS. [1684. land at Hilton's Point ef twenty acres ; three acres marsh land, ten acres upland, leaving highways, with liberty of feeding cattle and cutting necessary woods, excepting mines and min erals, and pine trees of twenty-four inches and mere diameter. Habend. to Rich and his heirs as parcel ef Dover manor, reddend 255. per annum, with a clause of distress. Covenant for the grantees building two houses in two years, at Hilton's Point, and to pay 2s. per annum rent fer each to Mason and his heirs. Covenant for quiet enjoyraent under the said rents, and against incumbrances. Covenant for the grantees' pay ment of said rents, and preservation of the boundaries. The grantees, &c., at every ten years to deliver engrost terrars of the premises. Robert Mason. 2Ath May, 1681. Eobert Mason, by writing, made Nicholas Shapleigh his attorney, with power to make deeds to the in habitants for the lands they now possess, and what other they had occasion for, which he obliged himself and heirs to ratify. Gave notice he would return frora England the next spring, and by his Majesty's grace ease them ef the heavy taxes then imposed. Eobert Mason. [Prov. Eec, B. 1, p, IIO.] To the worshipful Walter Barefoot, Esq., President, and the rest of the Justices of ye Peace, now sittinge at the Great Island, at a Quarter Sessions holden for the Province of New-Hampshire, in New-England. The humble request of William Vaughan, Augs' 5th, 1684. May it Please your Worships : — The circurastances 1 have fer some time bin under, neces sitates me to make Applycation to eur Honorable Governor wherein begs that at this quarter sessions I might have the liberty ef appearinge, te answer te what may be objected against mee. And if found criminal might suffer the penalty of the law ; if otherways, may be freed from my confinement. Therefore humbly beg ef your worships to give me a Habeas Corpus to be brought before you for the ends aforesaid, accord- 1684.] cranfield's ADMINISTRATION. 643 ing to the statute commonly called y° Habeas Corpus Act, made Anno tricessimo primo Caroli Secundi Eegi, chap. 2, sec tion 10: and your petitioner shall pray. Who am Your Worship's humble serv', ' Wm. Vaughan.* By the Governor and Council. [Prov. Eec, B, I, p, 132,] NEW-HAMPSHIRE. Whereas there have been warrants to the several Constables of the towns in the s* Province, bearing date y' 10th May last, for collecting a rate continued by the Governer and Council by virtue of his Ma'' Eoyal Cemmis°, bearing date the 9th May 1682, and the s* Constables seem to be in a combination not to collect the s* rate, ner have done their duty according te their oaths, nor collected any considerable part of the same, notwithstanding they have had (under the hands of the Gov. & Council, and under the seals as they were forming) the lists of the 8* Eates in their hands near six months : These are therefore in his Ma'' Name to impower & require yeu, Tho. Thurten, Prov. Marshal of the s* Province, ... forthwith te collect the s* Rate continued as aforesaid. And all the s"* Constables are hereby likewise required and commanded te be at all times, provided it be between sun rising and sun setting, aiding and assisting to the 8* Tho. Thurton, Prev. Marshal, in the premises, & in forcing open any dores, fer the better and raere effectual getting in of the s* Rate, & for the prservatien of his Ma*" Peace. Given under eur hands & seals of the Province, y' 24th Nov., '84, & in the 36th of y' Eeign ef eur Sov. Ld. Ch : the Sec", K of England.! E. Cranp : R. Mason W. Baref: R. Chamberi-^. Jo. HiNKs, Ja. Sherlock. * This petition is in the hand-writing of Mr. Vaughan. Bd. f The foregoing paper seems to be a first draft of the order, and is with out seals. 544 province papbrs. [1684. Deposition op John Foullsam — 1684. The deposition of John Foullsam, constable for the town of Exeter, in the Province of New- Hampshire in New-England. This deponent testifieth and saith, that about raid-summer, last past, there came to my hands a list of the names ef the several inhabitants in Exeter, with a certain sum annexed to each name, which sums, being in the whole about fifty pounds, I was required by a warrant under the hands ef the governer and council, with a seal ef the Province, to gather up and carry in to the Treasurer of the said Province; whereupon I demanded the same, but was answered by almost all of them that the commission directed the taxes should be raised by the General Assembly; but these being done by the Governer and Council only, they would net pay, which answer I gave te the Governor and Council: and they then took the seal out of my hands and delivered it to Thomas Thurten, provost marshal, so get in, and I was ordered by a warrant from the secretary to assist hira. John Foullsam. Plymouth, in his Majesty's Colony ef New-Plymouth, in New-England. Jurat. 1 1 die Decemb., 1684, Cer. The. Hinckley, Governor. Will. Bradford, Deputy Governor. Copy of a Letter from the Governor and Council to the Lords of Trade. Pi-evince of New-Hampshire, May 23, 1684. May it please yeur Lordships,— Since Eobert Wadleigh is returned frem England, having lately had an appeal dismissed by the council-beard, by taking advantage ef Mr. Randolph's absence, who was attorney fer the parties, he hath put the people ef this Province into such a ferment and disorder, that it is net possible to put his Majesty's commands in execution, or any ways govern them. And, though notwithstanding, in obedience to your lordship's commands, we have called an assembly (a copy of the proclamation for that purpose being 1684,] cranfield's ADMINISTRATION. 545 herein inclosed), we cannot think it prudent or safe to let them sit ; they being of the same ill humor or worse, as when Gove went into arms, his design being hatched at the time the Assembly sat. And it looks more like a design, they having those four constables into the Assembly, that the king's peace may net be preserved (the whole number of the assembly being eleven), this Wadleigh being formerly an assembly raan, and hath three sons condemned in Gove's rebellion (and him self new chosen again) : the oldest of them I have pardoned, one of them is dead, and the other I keep in prison till I receive yeur lordships' further order, all the other offenders being pardoned. Major Waldron's son is constantly of the Assembly and speaker (this being the third that hath been called). I wish his Majesty's clemency do not cause some great mischief to be done here. They have never given two pence* to the support ef the government, and that very rate that was made in the time of presidents Cutt and Waldren, we have, according to his Majesty's royal cemraissien, con tinued ; but do not think it safe to publish it, unless we had strength to countenance our proceedings. This we conceive it our duty to inform your lordships, and are. May it please your lordships. Your most humble and obedient servants, Edward Cranfield, Robert Mason, Walter Barefoot, R. Chamberlain. John Hinks, James Sherlock. The appellants claim by grant from Mr. Masen : and as for Wadleigh, he hath been these sixteen days in the country, and though I have heard ranch ef him, I have net yet seen him. Te the right honorable the Lords of the Committee ef Trade and Plantations, at Whitehall. * The first assembly voted two hundred pounds to the governor, but it is not certain that he accepted it, though he consented to the act. 35 546 PROVINCE PAPERS. [1684. Copy of a Letter from Cranfield to Sir Leoline Jenkins, of the same date. May it please yeur Honor, — We humbly beg, after yeur Honor hath perused this letter te the lords of the Council, yeu would be pleased to lay it before their lordships, and desire their lordships te come to seme speedy resolution; for it is no longer in my power te preraete the honor and interest of his Majesty here, without a small frigate to second his Majesty's broad seal and other his royal commands. As te the pirates, yeur Honor raay be assured that rayself and the Council will punish thera according to their deraerits, if they shall at any tirae happen to ceme within this jurisdiction, and carefully obey all other commands which shall be sent unto. May it please your Honor, Yeur Honor's raost humble and raost obedient servant, Edward Cranfield, I most humbly beseech your Honor, by the first opportunity, to send the king's letter te give me liberty to go off te Jamaica or Barbadoes, for my health; finding se great a weakness in my legs, which indisposition hath been contracted by the se verity ef the cold. Te the Eight Honorable Sir Leoline Jenkins, one of his Ma jesty's principal secretaries of state, at Whitehall. Order of Governor Cranfield. [CoU, iSr, H, Hist, Soc, 2, p, 200,] New-Hampshire — By the Governor. "^ Whereas there hath been a petition and complaint lately g preferred to his Majesty against me, Edward Cranfield, Esq., ^ and Eobert Mason, Esq., wherein it is alleged among other things, that several persons have been imprisoned out of design to obstruct proofs fer the making out ef certain misde meanors that we and ethers have been charged withal ¦ and Colonel Eichard Waldron and William Vaughan, Esqrs., are principally concerned in the said charge, who now stand com mitted by his Majesty's justices of peace fer this province, for several misdemeanors : Therefore, to take away all ground of such false allegations as aforesaid, and te give them the better 1684,] cranfield's ADMINISTRATION. 547 opportunity to make out their charge against us, I have thought fit te set at liberty the said Eichard Waldron and Williara Vaughan, that they may bring their witnesses before Eichard Chamberlain, Esq., one ef his Majesty's Council, and Justice of the Peace, to be deposed in order to making out their charge; and he hath order frora myself to give them copies of such affidavits or other records and papers, te the end to give his Majesty and the lords of the committee of trade and plantations due satisfaction. And they, the said Richard Waldron and Williara Vaughan, have hereby full and free liberty to ge at large iramediately, and farther fer the space of two months from the arrival of his Majesty's original letter, which is to direct in the premises; and then they are to return to prison, unless they shall be discharged at the next Quarter Session of the peace, er goal delivery by due course of law. And Richard Abbott, prison keeper of Great Island, and John Senter, prison keeper of Hampton, are here by required and commanded to take notice ef this order, and forthwith to give obedience thereunto, and set the said Eich ard Waldron and William Vaughan at liberty accordingly ; and for so doing this shall be their sufficient warrant. Given under my hand and seal at Great Island, the sixteenth day of October, in the six and thirtieth year of the reign ef our sovereign lord Charles the Second, king of England, &c., A. D. 1684. Courts erected by Gov. Cranfield. [Prov. Eec, B, 1, p, 131,] New-Hampshire — By the Governor. Being charged in the petition ef Nathaniel Weare (among other things), fer erecting courts separate from the Assembly : and their lordships te whom his Majesty hath referred the con sideration of the said Weare's petition, having required me to give a speedy answer to the several charges therein expressed, which I have already dene by Capt, Belsten ; I thought myself bound in modesty and duty, both te his Majesty and their lordships, to suspend executions in Mr, Mason's concerns, or my own, until such time as his Majesty and their lordships' pleasure be signified, whether the courts be legally constituted. 648 province papers. [1684. which, if they are net, the proceedings had thereupon must consequently be illegal : The major part of the inhabitants of the said Province remaining of an opinion that the Assembly ought to be joined with myself in the constituting ef courts. Given under my hand and seal at Great Island, the 10th day of November, 1684. Governor Cranfield's Order. [Coll. N, H, Hist, Soc, 2, p, 202,] New-Hampshire — By the Governor. William Vaughan, Esq., of Portsmouth, pretending (as I am informed) that one ef his witnesses, whom he desires may bo deposed in relation to the complaint of Nathaniel Weare, is sick and can not come te Great Island for that end and pur pose : And there being no directions in the letter from the right honorable the lords of the committee of trade and plan tations, but only for one ef the council or one justice ef peace, to take such depositions : I have, for the giving the complain ants the better opportunity to make out their charge, directed the following order : Whereas, it hath been represented to Eichard Chamberlain, Esq., whom I have appointed te take depositions (according to the letter ef the right honorable the lords of the committee of trade and plantations) against myself, Mr. Mason, or for any matter relating to the Province : That some of the wit nesses are sick, and incapable ef coming down to the habita tion of the said Richard Chamberlain; to the intent that tho persons concerned may not be disappointed by the infirmity of any intended witness, in making out any of their allega tions : These are, therefore, to impower any justice of tho town er place where such witness, se being sick, doth reside, to take the depositions of the said witnesses, the complainant first making oath ef such witness' being sick, or otherwise unable to travel, or come to be deposed before the person ap pointed. Given under my hand the first November, 1684. Edw. Cranfield. To be published at the several meeting-houses throughout the said Province, by the minister. 1684.] cranfield's ADMINISTRATION. 549 New-Hampshire in New-England. [Prov. Eec, B, I, p, 142,] Henry Roby, ef Hampton, in the Province of New-Hamp shire, and one ef his Majesty's justices ef the peace, maketh oath, that on Friday, the second of this instant January, Sam uel Levett and Moses Gilman, both of the town of Exeter, in the aforesaid Province, husbandmen, came to the house ef the deponent about twelve of the clock at noon, and this deponent did speak -to the said persons about their ill usage, which some of Exeter and Harapton had done te Thomas Thurten, provost marshal, and his deputy, in the execution of his office, Sam uel Levett asked the deponent what the ill usage was. The deponent teld him that the provost marshal had complained to this deponent that some persons had beaten and much bruised him, and a great company standing about him with their clubs had jostled him in a very rude manner against the walls of the house, and other places, and took his deputy's sword from him, and endeavored to break it, and cut their bridles and turned their horses loose, and said that the provost marshal was a rogue, and had no power ; and when the marshal told them he had his power from the Governor and Council — they should say that if the Governor carae himself they would net obey him. Then Levett said te this deponent that he had spoke those words, and said again to this deponent that he was the sarae mind still, and that if any power came from the Governor and Council to take away their goods, we would oppose it — (meaning himself and the rest, that had beaten the marshal and his deputy). Upon hearing of these words, this deponent, according te the duty of his place, did make a mittiraus for comraitting the said Samuel Levett to prison, and did in his Majesty's name charge the bystanders te assist him, the mar shal and his deputy being then present, who did lay held of the said Levett te carry him to prison. The said Levett called the marshal and his deputy a couple ef rogues, and that they had no power, and said he would net obey them, and did strike the marshal in the presence ef this deponent, several blows, and two of the persons that this deponent had charged to be assist ing, te wit, Moses Gilraan and Henry Lamprill. The said Moses Gilman did suddenly rise up, and said that Samuel 550 PROVINCE PAPBRS. [1684. Levett should not go to prison ; thereupon he, the said Gilman, did strike this deponent several blows, and also this deponent's son, and caught this deponent by the neck-cloths, saying. Was this deponent a justice ef peace, and suffer men to be run through with a sword in his presence ? Whereas there was no sword drawn, nor any offered te draw any. And this depo nent, te hinder the said Levett from striking the said provost marshal, did endeavor to hold the hand of the said Levett, but one Samuel Sherborn being also present, did violently pull this deponent away in order to rescue the said Levett. This deponent did also make a warrant for committing of Moses Gilraan, which he delivered to the marshal. The said Levett and Gilraan said they would not obey it. At the same time a little boy, the son of Sarauel Sherborn, came te the house of this deponent to speak with Moses Gilraan and Samuel Levett; and having whispered something to them, the said Gilraan and Levett presently both said that they would obey the warrant, and go te prison ; upon which they went from the house of this deponent with three keepers, to wit, the marshal's deputy, Ichabod Roby and Henry Lamprell. At about two hours after, the said three persons came te this deponent, telling him that the said Moses Gilman and Samuel Levett went very quietly when they came to Samuel Sherborn's gate, and then said they would go into that house, and would net ge te prison, and that three or four persons came out of that house and res cued the said Gilman and Levett, and knocked the deputy marshal down : That about twelve of the clock at night the said Moses Gilman, with four club men, came to the house of this deponent, and Gilman coramanded this deponent te open the door, or else he would break it open. The said Gilman did stay about the house ef this deponent about five hours, and struck violently^ at his doers, to get in, at three several times, there being about one hour's space between each attempt to open the door; at which this deponent did bid the said Gilman net to strike any more at his doer ; if he did, this deponent would fire a gun at thera ; whereupon they ceased, and this deponent, upon discourse with Moses Gilman, he, the said Gil man, did say, that there was a paper writing to which he had 1684.] cranfield's ADMINISTRATION. 551 set his hand, which imported that they would oppose the gov ernment, and pay no rates but such as accorded with the laws. Henry Eoby. Taken upon oath, the 5th January, 1684, before us, his Majesty's justices ef peace fer the said Province. Eobert Masen, E. Chamberlain, James Sherlock. New-Hampshii'e in New-England. [Prov. Eec, B, 1, p, 138.] Thomas Thurton, provost marshal of the Province of New- Hampshire, maketh oath — That he, this deponent, being at Exeter upon Monday, the 29th Deceraber last, in the execution of his office, deraanding a fine of fifty shillings, set by the justices ef the peace at the Quarter Sessions in Noveraber last, upon John Foulsara, constable of the said town of Exeter, for neglecting the duty ef his office : The said constable said to this deponent that if he came te levy^ any execution at his house he sheuld meet with a red hot spit and scalding water, and that he did net value any warrant from the Governor, Council, or Justices of Peaee, and that this deponent might ge like a rogue as he was : That this deponent being at the house of Edward Gilman, in Exeter, aforesaid, there came thither the wife ef John Gilman, sen,, of Exeter, and teld this deponent that she had provided a kettle ef scalding water fer him if he came te her house to demand any rates, notwithstanding none were then demanded ; and the wife of Moses Gilman did say that she had provided a kettle ef scalding water for him, if he came to her house, which had been ever the fire two days : That Abraham Drake, junior, Joseph Cass, Samuel Cass, Jacob Perkins, Ebenezer Perkins, Joseph Swett, Daniel Clements, Samuel Calcot, John Sanborn, junior, and Aaron Sleeper, all of the town of Hampton, in the said Province, husbandmen, did follow this deponent and John Masen, of Hampton, hus bandman, deputy marshal, frem the town ef Hampton, all en horseback, unte Exeter, being armed with clubs, unto the house ef Edward Gilman, in Exeter aforesaid, and there came 552 PROVINCE papers. [1684. to the said company John Cotton, minister ef Exeter, with a club in his hand, and the said company did push this deponent and his deputy up and down the house, asking them what they did wear at their sides, laughing at this deponent and his deputy for having swords. From thence this deponent and his deputy went to the house ef one widow Sewell, te refresh themselves and their horses, and the aforesaid company followed thither after them, and did abuse'tbis deponent and his deputy, by thrusting thera about the house with bad language, calling them rogues, and turned their horses loose, taking away their bridles ; and this deponent and his deputy going to look after their horses, the said company followed this deponent out of the house and encompassed him, and one ef the company did strike him with a club over the head, hands, and ether parts of the body, se that he was stunned and bruised thereby. From thence this deponent and his deputy went te the house ef Jonathan Thing, in the said town, to serve an attachment for his appearance at the court ef pleas ; and the same cora pany still continuing to pursue them, and did say te this de ponent that he sheuld de ne business relating te the execution of his office, and did question whether the -governor had any power or no, and that they were all rogues; upon which this deponent said that the governor had his power from the king, by his royal commission, and that this deponent had this cem raissien frora the governor to be provost marshal. Whereupon some of the company said, " You rogue, let us see your com mission !" Upon which this deponent said if they would go before any justice of peace they should see his commission, — he having it about him, but would net shew it there, lest they sheuld take it frem this deponent. They said his commission signified nothing by law, fer they knew the law ef England as well as any ef the rogues (meaning the governer and council), and that some ef the company said that they would set all things right according to law and equity, and that they were all as one man. Upon Friday following, this deponent went to Hampton, to the house ef Samuel Sherborn, to demand payment ef a fine of five pounds, set upon him, the said Sher born, by the justice ef the peace at the Quarter Sessions in November last, for breach ef his Majesty's peace, in beating. 1684.] cranfield's ADMINISTRATION. 558 wounding and drawing bleed frora Richard Hooper, chirur geon, in and upon the highway in the town of Hampton afore said. And this deponent demanding the payment of the fine aforesaid of the said Sherborn, he answered that he had noth ing to pay ; whereupon this deponent took the body of the said Sherborn in execution, and carried him te the house of Henry Eoby, Esq., one ef his Majesty's justices of the peace ; and being in the said house where Moses Gilman, Samuel Lev ett and Henry Lamprell fell upon this deponent, and did beat him, and also did strike the aforesaid Henry Eoby ; and dur ing which time the said Sherborn did make his escape ; and this deponent, missing the said Sherborn, he went immediately to the house of the said Sherborn, where he found the said Sherborn in company of between twenty and thirty persons, armed with clubs. This deponent' teld the said Sherborn that he had been very unkind to him in thus going away, and if he did not then make an end there, that he must ge with hira ; all which the said Sherborn answered, " He had ne business with this deponent, ner did he ewe any money, nor did know upon what account it was, ner would he pay any thing ;" and se hastily went out of the room ; and this deponent following him, he took held of the said Sherborn, telling him that he should pay him or else go with him ; when, presently, a great company laid hold ef this deponent, and did very much beat, wound and bruise this deponent, and they put a rope about his neck with intent to strangle him, and had se done, but this deponent, putting his hands between his neck and the cord, his hands were cut by the rope, by their hard drawing thereof Then the said persons, who had disguised themselves by hand kerchiefs ever their faces, threw this deponent upon tho ground, and tied his hands and legs, and took away his sword, and about four pounds in money, and afterward hauled hira out of the house by the rope that tied his hands, about half a quarter of a mile, and then untied his legs, and two persons did drive him before them about a mile and a half, one pulling him by the rope that tied his hands, while the other did beat him forward with a cudgel. Then this deponent, being unable to go farther, he fell down on the snow, at which the said two persons, to wit, Joseph Perkins and Jacob Barefoot, alias Cor- 554 PROVINCE PAPERS. [1684. retuck, forced this deponent along; but being unable to go any farther, the said persons did grievously beat him, upon which this deponent cried murder in the hearing and seeing ef several persons en horseback, about nine at night, inhabitants ef the said town of Hampton, but not any one did rescue him out of their hands. Then a person coming frem the town of Hampton, supposed to be a stranger, upon a horse, the aforesaid Perkins and Barefoot said, " Stand, you dog — come net near at your peril [" Then one ef them, te wit, Per kins, went te that man, seemingly te whisper te him, and then the stranger and Perkins came up to this deponent, and Perkins and Barefoot said, " We press yeur horse for his Ma jesty's service, aud we have a commission for it ;" at which the stranger said, " What hath this man done ?" Perkins and the other replied, " He was a rogue and thief, and would net go." And then, his hands and legs being tied, they flung him, this deponent, across the horse, and in that manner carried hira about a quarter ef a mile. And this deponent, being in ex treme pain and near death, it being, beside, a very celd, frosty night, he did pray these persons, fer the sake ef Ged, to let him ride upon the horse, and then let them carry him where they pleased. Afterward, they untied his legs and let hira ride upon their horse, his legs tied under the horse's belly, and carried him out of the Province, there being two other persons that followed on horseback seme distance all the way, and kept hira in custody at the house of one Smith, belonging te the town of Salisbury, under the jurisdiction of the Massa chusetts government, about forty hours, and then left him ; and that the next day, being Saturday, about eight in the morning, he did see Samuel Sherborn and Jonathan Wedg wood, in the town ef Salisbury, riding by the house of the said Smith, Thomas Thurton. Taken upon oath the 6th ef January, 1684, by us, his Majesty's justices of peace. Eobert Masen, E. Charaberlain, James Sherlock. Vera copia from the original. ^^^^^ • E. Chamberlain. 1684,] cranfield's ADMINISTRATION. 555 [Prov. Eec, B. I, p, 145,] New-Hampshirb. — By the Council. Forasmuch as a fifth part of the rents and revenues of tho said Province were assigned by Eobert Masen, Esq., propri etor, to his most excellent Majesty, eur sovereign lord Charles the Second, king of England, &c,, fer the use and benefit ef the governor of the said Province, for and toward his better support and maintenance during his abode in his government; and whereas, through the perverse obstinacy of the most part of the inhabitants who have opposed the said proprietor, the said rents and revenues have been so inconsiderable that the said governor hath had ne benefit er advantage by the said assignments; and for that the Honorable Edward Cranfield, Esq,, governer ef the said Province, did in March last make a voyage te New-York, at the desire of his Majesty's council of the said Province, te treat with the Honorable Colonel Thomas Dongan, in order te secure the peace of this said Province against the attempts of the Indians, who then threatened a general insurrection, which he successfully effected at his own great charge and expense ef upward of forty pounds — We, therefore, his Majesty's said Council of the said Province ef New-Hampshire, fer the reasons above said, de give and hereby allow to the said Honorable Edward Cranfield, Esq., the present governor ef the said Province, £100 per annum, from the time ef his fir,st arrival, te be paid, together with the £40 expense ef his journey to New-Yerk, out of the present rate now collecting by virtue and authority ef his Majesty's royal cemraissien, bearing date the ninth of May, 1682 ; and that the residue of the said rate be disposed offer and toward the payment of salaries te the several officers, and discharging the public debts of the said Province, which have been con tracted since the arrival ef the said Governor. Given under eur hands, and the seal ef the said Province, the 2d of January, 1684, and in the thirty-sixth year of his said Majesty's reign. 556 province papers. [1685. Articles of Complaint against Lieutenant-Governor Cranfield — 1685. [CoU, N, H, Hist, Soc, I, p, 267,] 1, That at the first session of the General Assembly, Mr. Cranfield challenged the power of legislature and settlement of affairs to himself against the words of his cemraissien, which are (you and they, &c.), meaning the General Asserably, shall, &c., which words (and they) he affirmed were put in by mistake of the clerk in engrossing his commission, and so entered it in the council books, and desired the assembly to make like entry, and delivered a copy ef his commission with out those words (and they), 2, He hath, by purchase or mortgage from Eobert Masen, made himself owner ef the Province, and so is not likely to act impartially between Masen and the inhabitants. 3. He hath made courts whereof both judges and jurors have agreed with Mason for their own lands, and some taken deeds frora him ef other men's lands, se as they are engaged in interest to set up Mr. Mason's title. 4. That Mason has sued forty persons and cast all, and the governor's interposal te state the cases, as by his coraraission he is directed, was refused, though desired : That the defend ants' pleas, grounded en the laws and statutes ef England, were rejected. 5. That they can not reconcile the verdict with the attach ment, nor the execution with the verdict, ner their practice under color of execution with either. 6, That the charge of every action is £6, though nothing done in court but part of the commission read, and some blank grants without hand or seal, and these not read fer one case in time. 7, The court charges are exacted in raoney, which many have net, who, though they tender cattle, are imprisoned for thera, 8, The ministers, contrary te his Majesty's commission, which grants liberty ef conscience to all Protestants, havo their dues withheld frora them, even those due before Mr. Cranfield came, and are threatened with six months' imprison- 1685,] cranfield's ADMINISTRATION. 557 ment for not administering the sacrament according to the liturgy of the church of England. 9. That though the General Assembly agreed Spanish money sheuld pass according to weight, the governor and council have ordered pieces ef eight shall pass at £6, each thousand light. 10. That men are commonly compelled to enter into bonds of great penalty to appear and answer what shall be objected, when no crime is signified. 11. That they have few laws but those made by the Gov ernor and Council, when his commission [directed] the Gen eral Assembly sheuld make laws. 12. That the courts are kept in a remote corner of the Prov ince, and the sheriff, a stranger and of no visible estate, and so not responsible fer jailers. Address and Petition of the Inhabitants of Exeter, Hampton, Portsmouth, and Dover, against Cranfield. [Far. Belk., App., p. 471.] To the king's most excellent Majesty : The humble address and petition of sundry of your Majesty's loyal subjects, the freeholders and inhabitants of yeur Majesty's Province of New-Hampshire, in New-England, most humbly sheweth. That your petitioners' predecessors, having, under the encouragement ef your Majesty's royal ancestors, by their letters patent to the Great Council of Plymouth, removed themselves and some of us into this reraote and howling wil derness, in pursuance of the glorious ends proposed ; namely, the glory of God, the enlarging his Majesty's dominions, and spreading the gospel among the heathen ; and, in order there unto, either found the lands we now possess vacuum domicil ium, or purchased them of the heathen, the native proprietors of the same — er at least by their allowance, approbation or consent — have sat down in the peaceable possession of tho same for the space of above fifty years ; hoping that, as wo had attained the ends, so we sheuld have shared in the privi leges, of these royal patents above mentioned, and thereupon did tho more patiently bear and cheerfully grapple with those 558 PROVINCE PAPERS. [1685. innumerable evils and difficulties that raust necessarily accom pany the settlers of new plantations, especially in such cli mates as these, besides the calamities ef the late Indian war, te the less ef many ef our lives and the great irapoverishraent ef the survivors. We were also further encouraged, from your Majesty's princely care in taking ns, by^ yeur late cem- raisEjion, under yeur Majesty's immediate governraent, and appointing seme among ourselves te govern us according to these raetheds there prescribed, being particularly bound to discountenance vice and promote virtue and good living, and to keep us in a due obedience to yeur Majesty's authority and continuance of eur just liberties and properties, together with liberties of conscience in matters ef worship, and all in order to our living in all godliness and honesty, fearing Ged and honoring the king, which we profess to be eur desire te de. But contrariwise, partly by the unreasonable demands of eur pretended proprietor, Robert Masen, Esq., and partly from sundry other reasons, that are either effects er concomitants thereof, we are in a far worse condition than any other your Majesty's plantations, and reduced te such confusions and extremities that necessitate our hurable application te yeur Majesty, upon whose clemency and justice only, under God, we depend for eur relief: Yeur poor, distressed and oppressed petitioners do therefore most humbly supplicate your most gracious Majesty that yeu will vouchsafe to give leave unte one ef ourselves, Mr. Na thaniel Weare, whom we have sent for that end, to spread before yeur sacred Majesty, and your most honorable Privy Council, our deplorable estate, the beholding of which we doubt not will move compassion towards, and your Majesty's propensity te justice will incline te, the using such means as to your wisdom shall seem best, that the oppressed may be re lieved, wronged ones righted, and we, yeur Majesty's almost undone subjects, now prostrate at your feet, may, upon the tasting ef your equity and goodness; be raised and further engaged in all humility and thankfulness, as in duty bound evermore heartily to pray, &c. 1685.] CRANFIELD S ADMINISTRATION. 559 [The following names having been derived frem copies, net originals, there occurred a number ef mistakes in the former editions, which I have endeavored to correct.] — John Farmer. Petition from Exeter. Andrew Wiggin, Thomas Wiggin, Sen,, Thomas Wiggin, Jr., Eobert Smart, Sen., John Young, John Foulsham, Edward Smith, Peter Foulsham, Theophilus Durdly,* Eichard Morgan, Samuel Leavitt, John Cotton, Jr,, John Gilman, Sen., Edward Gilman, David Eobinson, Kinsley HaU, Bily Dudley, The like petition frem the ince, signed by — Nathaniel Bachiler,J John Marston, James Philbrick, John Tucke, John Smith, Thomas Page, Jacob Browne, Thomas Browne, Henry Lamper, Jonathan Wedgwood, Henry Moulton, John Moulton, Joseph Smith, David Wedgwood, James Cheuse, James Perkins, James Sinkler, Christian Dolhoff, PhiUp Charte, Jeremiah Low, Ealph Hall, Samuel Hall, John Sinkler, John Wadleigh, Samuel Foulsham, f Eleazer Elkins, Ephraim Foulsham, Moses Leavitt, Jonathan Eobinson, Thomas Rawlins, Huraphrey Wilson, Nathaniel Foulsham, Jonathan Thing. town ef Hampton, in said Prev- Morris Hobbs, Sen., Joseph Moulton, Benjamin Moulton, Thomas Leavitt, Thomas Dearborne, John Leavitt, Henry Dearborne, Aratus Leavitt, Christopher Hussey, Philip Towle, Josiah Sanbourne, WiUiam Sanbourne, Sen,, Euth Johnson, widow, Benjamin Lauyre,g William Fuller, John Sanbourne, •Probably Theophilus Dudley, son of Kev, Samuel Dudley, t This name ie now written Folsom, t Son of Kev, Stephen Bachiler, died January 2, 1710, aged 8 5 Perhaps Benjamin Layers, 560 PROVINCE PAPERS. [1684. Hesron Leavitt, Samuel Sherborne, Prancis Page, Peter Weare, Benjamin Browne, Thomas Philbrick, Timothy Blake, Jacob Perkins, Jonathan Philbrick, Ebenezer Perkins, Caleb Perkins, Joseph Perkins, Joseph Dow, John CUflFord, Sen., Samuel Philbrick, Joseph Shaw, John Clifford, Benjamin Shaw, Samuel Cogg, [Fogg !] Timothy Hilliard, Anthony Stanyan, John Stanyan, Joseph Sanbourne, Isaac Perkins, Moses Swett, Joseph Swett, Eichard Sanbourne, Thomas Walker, Isaac Godfrey, Humphrey Perkins, David Lamprey, Joseph Cass, Duel Clemens, Samuel Cass, John Sanbourne, Sen. The like petition from Portsmouth, in said Province, signed by- George Hunt, Peter BaU, John Sherburne, Sen., Samuel Wentworth, Splan Lovell, Eichard Webber, Eichard Waterhouse, William Davell, John Cotton, Colomart Mashawes,* John Barsham, John Shipway, John Johnson, John Light, William Pitman, James Jones, William Cotton, James Levitt, Jethro Furber, Edward BaU, Thomas Cotton, Daniei Duggen, Francis Jones, John Pattridge, Eobert Purinton, Nehemiah Partridge, John Sherburne, Jr., Thomas Pickering, Thomas Walcombe, Obadiah Mors, Nicholas Morrill, Samuel Keats, John Dennett, John Tooke, Edward Melcher, George Lavers, Jacob Lavers, John Brackett, Matthias Haines, Samuel Haines, Samuel Haines, Jr., William Fifield, Sen., • Probably Matthewa. 1685,] cranfield's COMMISSION. 561 Walter Neal, Jonathan Lewis, Anthony Brackett, Leonard Weeks, Nathaniel Drake, John Hunking, Eichard Jose, Jane Jose, John. Fletcher, Richard Martyn, Ph. Suret, Eichard Waldron, Ben. Hull,* .Tohn Cutt, William Vaughan, George Jaffrey, John Pickering, John Bruster. The like petition from the town of Dover, signed by Job Clements, Thomas Eoberts, Edward Allen, WiUiam Furber, Sen,, Henry Senter, John Winget, John Gerrish, WiUiam Wentworth, John Heard, John Roberts, Eichard Eowes, Anthony Nutter, John Dam.f WilUam Furber, Jr,, John Dam, Jr,, John Nutter, Thomas Eow, Edward Eow, John Meadow, t Philip Chesley, Joseph Stevenson, Thomas Chesley, Joseph Kinneder,|| Stephen Jones, Edward SmaU, Nathaniel (Lomax ?),§ James Huckings, Gatharlas Jerlld, Ezekiel Wentworth, Paul Wentworth, Gerard Gyner, Jenkins Jones, Joseph Canne, Eichard Waldron, John HaU, Jr,, Eobert Burnham, Samuel Burnham, Jeremiah Burnham, Samuel Hill, Ealph Wormley, WiUiam Horn, Peter Mason, John Woodman, Sen,, John Woodman, Jr,, Jonathan Woodman, John Davis, Sen,, John Davis, Jr., Joseph Fields, John Bickford, Thomas Bickford, Thomas Edgerly, John Hill, Charles Adams, Samuel Adams, William Parkinson, Joseph HiU, Nathaniel Hill, John Eoberts, * This name appears to be Rheuben in contemporary records, t Now spelled Dame, t Probably John Meader, who was of Dover. II Perhaps Joseph Kennedy. i A Nathaniel Lomax, or Lummus, from Ipswich, was of Dover about this time. 36 562 PROVINCE PAPERS. [1685. Letter from the Lords of Trade to Edward Cranfield. [Farm, Belk., App,, p, 491,] After eur hearty commendations to yeu, his Majesty, having received the petitions and complaints ef divers of his subjects, inhabitants and planters of New-Hampshire, against you for certain irregular proceedings alleged by them to be had by you in the execution ef your ceramissien and administration ef justice; and it being ordered in council that the said peti tions and complaints be examined and considered by us, that we may report to his Majesty our opinions, te the end his Majesty's further pleasure may be signified thereupon : We have, therefore, herewith sent unto yeu copies of the said petitions and representations, that you may return your par ticular answer ttiereunte with all speed, and that we may the better distinguish the truth of what is alleged or complained ef, and ef such defense as you shall be able to make. We de think fit that all persons whatsoever have full liberty to depose upon oath what they knew, and to take copies of all records, in these er any other cases relating te yourself or the said depositions, taken in writing by any meraber of the council or justice ef the peace in that colony whora yeu are duly te authorize thergunte ; and as we cannot believe that you will put any resti-ictien or disceurageraent whatsoever upon the taking and transraitting of all necessary proofs and records, attested by the proper officers, fer the clearing of truth in the matters complained of, so we think it requisite that copies ef all affidavits be interchangeably delivered te each party con cerned, as soon as they shall be taken; and se, net doubting of your compliance herein, we bid yeu heartily farewell. Prom the council charaber in Whitehall, this 23d day ef July, 1684. Your very loving friends, Radnov, Guilford, C, S,, Halifax, C, P, S. Craven, Rochester, Ernie, Gedelphin, L, Jenkins. Te our very loving friend, Edward Cranfield, Esq., Lieuten- ant-Geverner and Commander-in-Chief ef his Majesty's Prov ince of New-Hampshire in New-England. A true copy : William Blathwatt. 1685,] cranfield's ADMINISTRATION. 563 The Deposition of Peter Coffin relating to Cranfield's conduct toioard William Vaughan. [Far. Belk,, App,, p. 474,] The deposition of Peter Coffin, Esq,, one ef his Majesty's justices ef the peace for New-Hampshire, being sworn, saith that, seme time in the beginning of February, A, D. 1683, 1, the deponent, was present at the bouse ef Mr. John Hincks, in company with the Hen. Edward Cranfield, Esq., Governor of this Province, where I heard the said Governer send for Mr, Williara Vaughan ; and when tbe said Vaughan came the Gov ernor inquired of him what affidavits these were he had that day desired te be taken. The said Vaughan answered, Those that concern his cause against Mr. Masen. The Governor asked him who they were. He answered, if he might have summons, he would bring thera before his Honor to be sworn. And then the Governor break out into a passion, and teld hira, the said Vaughan, that he was a mutinous fellow, and asked him what he went lately to Boston for? The said Vaughan answered, he went about his own business. Then the Govern or said he went to carry a mutinous petition te be sent te Eng land by Weare, and asked him what vessel Weare went in ? Mr, Vaughan answered that be left Weare in Boston, Then the Governor said that, by the next ships after Weare was got to England and presented his petition, he should have an account of the persons' names that subscribed it returned to hira, and that it would be the best haul be ever had, for it would be worth £100 a man. The Governer further said that the said Vaughan was a mutinous fellow, and required of him bends to the good behavior. Mr. Vaughan answered, he knew none of the king's laws he had broken ; but, if he could be informed ef his crime, he was ready te give bonds. And that, in the whole discourse, Mr. Vaughan demeaned himself with a great deal of moderation and submission; notwithstanding which the Governer commanded a mittimus to be writ, and signed the same with his own hand, whereupon the said Vaughan was forthwith committed to prison. Peter Coffin. 664 PROVINCE PAPERS. [1685. Peter Coffin, Esq,, the above named deponent, appearing in the town of Kittery, in tbe Province, of Maine, this 27th ef January, 1684-5, made oath te the above written. Before me, Charles Prest, Justice of the Peace. A Brief, containing the Substance of the Affidavits, Objections and Beplies at the Hearing before the Lords Committee of the Coun cil of Trade and Plantations, 10th of March, 1684-5. [Farm. Belk., App., p. 492.] To the flrst article ef the complaint, Anthony Nutter and John Woodman depose : That Mr. Cranfleld declared in the Assembly that the words [and they] were inserted in his com mission by mistake, and del, a copy without these words : That Mr, Cranfield accordingly made Capt, Barefoot a judge of the pleas and chief justice of the Province, without the Council's advice, and appointed a court ence in every raonth : That the fees for trying all actions were first set at 20s, A former bill of costs in the like case but £1 Is, ; another but £1 10s. But now there is added te that 20s., by the said judge £5 Is, 2d., in Mr, Mason's case, J^ote. — The costs are signed by the judge and not by the governor. Note. — The witnesses in Mason's cases were always some of the jury, 1st Objection. That tbe assembly were of opinion that the governer alone had the power ef erecting courts ef judicature. Answer. That in November, 1682, the asserably then dis puted this raatter, and the order produced has no date. Be sides, Tipping signs the assembly's acts, and this is only signed by Chamberlain. 2d Objection. Mason swears that the governor gave copies of his commission, with the words [and they] inserted, Mr, Elliott swears the sarae, and that the council set the fees, which the governor afterward allowed. Answer. The council were at the governor's pleasure, Sd Objection. Walter Barefoot, the judge, swears that the late president and council took 20s. for every action, before it sheuld be called, and there is new no mere taken ; and the plaintiff's or defendant's costs er charge, were, as new, taxed by the court, and are very reasonable. That Waldren, when 1685,] cranfield's ADMINISTRATION. 565 judge, made Randolph pay £8 2s, 6d. costs, in a trial for the king, besides damages. Answer 1. That the fact is otherwise, as will appear, costs being now altered ; £3 to Mr. Masen, in every action, and twelve of them in a day tried. 2. That Randolph's costs were for a special court fer that one trial. To the second, Reuben Hull deposes, that Mr. Cranfield owned he had bought the province of Mr. Mason. William Vaughan and Richard Waldron, that he shewed his deeds from Masen, of purchase of that Province, to the deponents, Na thaniel Foulsham proves possession given Masen ef Capt, Gil man's house and lands. Benjamin Moulton and William Fifield the like ef Sanborn's house and lands, and the imprisoning of Sanborn, Ne more turned out of possession, but execution granted against several. To the third. The raising ef the costs frora 20s, te £6 is proved in the first, Nathaniel Weare, te prove that costs were, before, always taken in goods and not in ready raoney, and that, where goods to be had, the persons never taken, John Pickering and William Cotton : That for Cotton's costs te Mason, plank er other goods would not be taken, but for want of money Cotton was iraprisoned, Christopher Noble : The sarae fully, H. Axwell, John Partridge, William Gotten and Richard Nicholas : That Partridge's costs, goods tendered as before, but refused and Partridge imprisoned ; that he was forbid te work in prison, and forced to live upon his friends' charity, John Geare and Walter Windsor : The same to Thonias Pickering. John Smith : The same te Christepher Hussey. Mr. Weare knows him to be eighty-six years old.* To the fourth. Jacob Perkins and Timothy Hilliard, That seeing hew others were dealt with, by Mr, Mason, by impris onment for want ef money to pay court charges, they were forced to yield te Mason's demands, * Captain Christopher Hussy died the sx* day of March, 1685, or 1686, being about 90 years of age, entred [interred] the 8th of March, 1685 or 1686."— Hamp. Town Rec. 566 PROVINCE PAPERS. [1685. To the fifth. 14 November, 1682. The general asserably ordered pieces of eight rials and dollars, to pass at 6s. 8d. per ounce. Trey weight. 4 October, 1683. Mr, Cranfield and his council reciting an act of January, then last, but must intend that above, ef No vember, order those pieces should go at 6s. apiece, without respect to the weight, so that some dollars, net worth 8s, by weight, pass at 6s. Note. — That at flrst, Mr, Cranfield gave public notice that all persons might come in and agree with Mr. Mason, But John Winget, Thomas Eogers, and Elias Stileman, deponents, came in, and the governor would not intermeddle, William Sanborn swears he lost 16s, in receiving £5 Spanish raoney, by reason ef the order above, Jacob Browne — That he lest a sixth part ef £5, Spanish raoney, by reason as before. Objection. Masen swears that he first proposed to the gov erner and council putting a value en Spanish money, as it is in London, his Majesty's mint. That the council agreed thereto, and the governor approved it. Walter Barefoot and Robert Elliott swear the same. Answer 1. It is pretty bold swearing; he first proposed it. 2. His proposing it does not make it lawful for the governor and council to do it without the assembly. To the sixth. The mittimus fer sending Mr. Vaughan te prison until £500 bail te the peace. October 22, 1683. Ne crime alleged, ner particular breach ef the peace. Upon this commitment the jailer took Mr. Elliott's and Mr, Daniel's bond fer his appearance. The same day Mr, Vaughan was dis charged frem being ef the council. The next day the governer, by a new warrant, taking notice of the bond taken by tbe jailer, and that the taking such was an escape in the jailer, orders his cemmitment anew, until he gave £500 security fer the peace and good behavior, 25 October, 1683, Mr, Vaughan and Mr. Daniel gave the governer a recognizance ef £500, conditioned for Vaughan's being of good behavior and keeping the peace, and should appear at the next Quarter Sessions, to answer what should be objected against him. 1685.] cranfield's ADMINISTRATION. 567 6 November, 1688. At the next Quarter Sessions Mr. Vaughan appeared, but, there being no prosecution, he and his bail were discharged. Objection. 24 October, 1684. Thurten swears that in Sep tember, 1683, he desired Mr. Cranfield to bind Mr. Vaughan to his good behavior expressly to said Thurton, which he did net, February, 1683, One Joseph Dow, and ether jurymen, pass ing by the governor's house, were invited in and friendly re ceived. But en asking the question whether they raight not, when they were sworn (as before they had dene), hold up their hands instead ef kissing the book, the governor fell into a rage, and asked them hew they came there ? To whom Dow replied, " at your honor's invitation ;" that Mr, Cranfield, com plaining of this matter to the next court as a riet. Dew was forced te give £100 bond, for his appearance next sessions. When Dew appeared, nothing being alleged against him, he was discharged and his arms restored. But at another session after, Dow was called again on the same bond, and penalty was estreated against him, and he forced te fly out ef the Province, with his wife and nine children, leaving his house and grounds, with the corn in the ground, te the governor. This Mr. Vaughan and Mr. Weare can also prove, February 6, 1688-4, The governor again committed Mr. Vaughan for want ef security fer his good behavior. Upon which Mr, Vaughan lay in prison nine months. Peter Coffin swears, February, 1683, that Vaughan demeaned himself civilly te the governor, and offered te give security to the peace, if the governor could give one instance wherein he had broken the law. But the governor, in great heat, charged him with having gene te Boston, with a mutinous petition to his Majesty, and said he would make a good hand of it, and get £100 ef every man that had signed that petition, and then ordered his ceraraitment as above. August 5, 1684. Mr. Vaughan petitioned the president, Bare foot and the rest ef the justices, at the then Quarter Sessions, that he might be brought by habeas corpus, te answer to what should be objected, and so be either acquitted or condemned, August 5, 1684, Mr, Cranfleld writes to that court, and in stances many crimes, in general, against Mr, Vaughan, as pro- 568 PROVINCE PAPERS. [1685. meting tumultuous petitions, &c,, and then requires their bind ing him over te the next sessions; and then concludes, net doubting of their care, that he wholly left the determination of it te them, urging that, if he denied the matter, he had evi dence te prove it. The same day the court continued him in custody accordingly, September 16, 1684. Mr. Barefoot and the other justices, when the governor was present, committed Vaughan to Hamp ton prison until he gave good security fer his good behavior, and for his appearance next sessions, te answer misdemeanors objected against him on his Majesty's behalf, October 18, 1684, After two Quarter Sessions past, and nothing objected against Mr, Vaughan, when his Majesty's let ter came over on Mr, Weare's complaint, Mr, Vaughan was released by the governor's warrant, but to return te prison in tvee months, September 12. 35 Car. 2. Mr, Joshua Moody, being te take a journey out ef the Province, was forced te give a recogni zance of £200 te return in three weeks, if alive and well. To the seventh, December 22, 1683. The governor and council order sale of goods taken on execution to be sold by outcry in fourteen days; that they impose taxes en the inhab itants to £500, without the general assembly; that the justice empowered the marshals, by warrant, te levy the same en the constables refusing; that the justices fined the constables for not collecting the rates, and that the marshals levied these taxes. October 22, 1683, The governor and comp. order ne vessels er sleeps should come from any other colonies, unless licensed by him, which is in effect setting up a license office, whereby the governer get as follows : 7 November, 1684, Daniel Gent, master of a sleep of Boston, swears that he paid 2d. per M for 100,000 feet of beards, landed at Broad Island in Gov, Cranfield's time, and never any thing before. 8 November, 1684, John Usher proves the same paid fer the like, though Mr, Cranfield had, by letter, premised they should go free. 1685,] cranfield's ADMINISTRATION. 569 6 November, 1684. Williara Ardel proves the same for tho like. Te the eighth. William Vaughan and John Pickering prove that in February, 1683, the secretary denied te swear their witnesses, or to attend the governer therein, er grant any sum mons for witnesses te prove that the governor's secretary would not grant summons to bring in witnesses, te be sworn, te make out Mr. Weare's complaint, nor swear any that came in without summons, unless his secretary might have the mod eling of their evidence as he pleased; though his Majesty had commanded affidavits sheuld be taken indifferently, 6 November, 1684, Thomas Wiggin and Thomas Graffert prove the denial of swearing twenty-eight persons in the mat ters in question. And Mr, Vaughan was committed the same day, as appears by cemmitment before, fer desiring the same, llth December, 1684. John Foulsham and Nathaniel Bach iler swear that in July last the governor said he would fine all the petitioners £100 each, and that it should be the best tell that ever came te his mill. llth December, 1684. John Partridge and Nehemiah Partridge swear that the secretary denied them copies of several records ; the governor in March, 1682-3, having ordered the contrary. Objection. James Sherlock swears that the 16th of October, 1684, Mr, Cranfleld offered Major Waldren te call a council, and swear his evidences before Weare went te England, Walter Barefoot, tbe same, and that the governor offered him what copies of records he desired. Answer. This is true in fact. The offer was made, but, when it was desired, Vaughan was committed. Found among Weare's MSS. Beport of the Lords of Trade against Cranfield, and the King's Order. [Far, Belk,, App., p. 502.] At the court at Whitehall, the 8th of April, 1685, by the king's most excellent Majesty, and the lords of his Majesty's most honorable privy council : Upon reading a report from the right honorable the lords of 570 PROVINCE papers. [1685. the comraittee ef trade and plantations, in the words follow ing :— " May it please your Majesty, — " Having received an order in council, dated the llth day of July last, upon the petition and complaint ef Nathaniel Weare, inhabitant ef your Blajesty's Province ef New-Hampshire, in New-England, in the behalf ef himself and ethers, your Ma jesty's subjects and planters there, against Edward Cranfleld, Esq., your Majesty's governor of that Province, whereby we were directed te report our opinions upon the said complaint : We did accordingly transmit a copy thereof te the said Edward Cranfleld, and, upon receiving his answer, and hearing what the complainants could allege and make out against him, we find that the said Edward Cranfield has net pursued his instructions, in reference to the propriety of soil which Robert Mason, Esq., claims in that Province, inasmuch as the said Edward Cranfield by his instructions is directed that in case the inhabitants of New-Hampshire sheuld refuse te agree with the said Mason, he should interpose and endeavor te reconcile all differences, which, if he could not bring to effect, he was then to send into England such cases, fairly and impartially stated, together with his opinion, fer yeur Majesty's deterrain ation ; whereas, instead thereof he has caused courts te be held in New-Hampshire, and permitted titles of land te be decided there, and unreasonable costs to be allowed, without first representing the particular cases to your Majesty, As to the complaint of his having raised the value of coins against the laws ef the assembly there, we are most humbly ef opinion that although it be your Majesty's undoubted prerogative to set and determine the price and value of coins within yeur dominions, yet your Majesty's governor ought net te have made any alterations therein, without having received yeur Majesty's special directions; all which we humbly propose may be signified te hira by your Majesty's order, and that the differences depending between the said Robert Mason and planters in that part ef New-Hampshire, may be at length decided. We further offer, that William Vaughan, one of the complainants attending this board, may have opportunity allowed him of appealing to your Majesty, within a fortnight. 1685,] cranfield's ADMINISTRATION. 571 frora all verdicts and judgraents given in New-Harapshire, in his private case; upon bearing whereof, and by the relation it has with others, your Majesty will be best able te judge ef the right and title ef the said Robert Mason to that part ef the Province of New-Hampshire aforesaid, and, upon bringing the said appeal, that all proceedings at law relating to the said title raay forthwith cease, until yeur Majesty's further pleas ure be known. All which is nevertheless raost humbly submitted : Rochester, Arlington, Halifax, P., Oxford, Clarendon, C, P, S,, Chesterfield, Beaufort, Council Chamber, 27th March, 1685," His Majesty in council was graciously pleased to approve ef the said report, and to order that his Majesty's pleasure therein be signified te Mr. Cranfield accordingly. It was also Ordered, — That Mr, William Vaughan be allowed to appeal te his Majesty within a fortnight frora all verdicts and judgments given in his private case, in New-Harapshire, according te the said report, A true copy : Wm, Bridgeman, The king's Order for hearing Vaughan's Appeal. [Far, Belk,, App., p, 503,] At the court at Whitehall, the 29th of April, 1685— Present, the king's most excellent Majesty in council. Upon the petition of Williara Vaughan and Nathaniel Weare, of New-Hampshire, in New-England, setting forth among ether things that in obedience to a late order of council, the petitioner, Williara Vaughan, hath appealed against several verdicts and judgments, one fine and one decree, given, entered up, imposed and ordered against him, in New-Hampshire, as in the petition is at large set forth, it is this day ordered that copies ef the said petition and appeal be sent to the right honorable the lords ef the committee for trade and plantations, who are to examine the allegations thereof, and to report to this board how they find the same, together with their lord ships' opinion thereupon. Phil, Mtjsqrave. 572 PROVINCE PAPBRS. [1685. Letter from the Lords of Trade to Cranfield. [Far. Belk, App,, p, 503,] After eur hearty commendations unto you, we have, in obedience te his Majesty's commands, received and examined yeur answer to the complaint of Nathaniel Weare, inhabitant ef his said Province of New-Hampshire, in behalf of himself and others of his Majesty's subjects and planters there; and having likewise heard what the said Weare could bring in evidence of the said complaints, and thereupon reported our opinions to his Majesty, we are commanded hereby te signify unte yeu that you have not pursued your instructions in reference to the propriety ef the soil which Robert Mason, Esquire, claims in the Province ef New-Hampshire, inasmuch as you were directed that in case the inhabitants of New- Hampshire should refuse te agree with the said Masen, yeu sheuld interpose and endeavor te reconcile all differences, which, if you could net bring to effect, yeu were then to send te his Majesty such cases, fairly and impartially stated, together with your opinion, for his Majesty's determination ; instead whereof you have caused courts to be held in New- Hampshire, and perraitted titles of lands to be decided there, and unreasonable costs to be allowed, without first representing the particular cases to his Majesty, And yet, although it be his Majesty's undoubted prerogative to set and determine the price and value of coin within his Majesty's dominions, yeu have not done well in directing any alterations therein without his Majesty's special order. In both which yeu have been wanting in your duty to his Majesty, But, that the chief occasion of dispute in that Province may be reraoved, we are further directed te acquaint you, that, as te the differences depending between the said Robert Mason and the planters, his Majesty hath been graciously pleased, by his order in council, dated the 8th ef this instant April, to permit Williara Vaughan, one of the complainants attending this beard, te appeal to his Majesty within a fortnight frora tho date ef the said order, frem all the verdicts and judgments given in New- Hampshire, in his private case ; upon hearing whereof, and by the relation it has with others, his Majesty will be best able to judge of the right and title of the said Robert Masen to that part ef the Province ef New-Hampshire. And his Majesty 1685.] cranfield's ADMINISTRATION. 573 doth likewise think fit, that, upon bringing the said appeal, by the said William Vaughan, all proceedings at law, relating to the said title, de forthwith cease, until his Majesty's pleasure be known. Whereof you are te take notice, and te govern your self accordingly. And so we bid you very heartily farewell. Frem the council chamber at Whitehall, the 29th day ef April, 1685. Your loving friends, (Signed) W, Cant, Guilford, C. S., Bridgewater, Chesterfield, Rochester, Halifax, Clarendon, C. P. S., Beaufort, Lindshy, Directed, "To eur loving friend, Edward Cranfield, Esq., Lieutenant-Governor and Commander-in-Chief ef his Majesty's Province of New-Harapshire in New-England," Arlington, Huntington, Sunderland, Craven, Alesbury,Middleton, Gedelphin, J, Ernie, Gee, Jaffrey. Copy of the Decision of King James II against William Vaughan. [Far. Belk,, App,, p, 507.] At the court at Whitehall, the 19th ef November, 1686 — [l. s.] Present — The king's most excellent Majesty. Lord Chancellor, Lord Treasurer, Lord President, Duke of Ormond, Duke ef Albemarle, Duke ef Beaufort, Lord Chamberlain, Earl of Oxford, Earl of Huntington, Earl of Peterborough, Earl ef Craven, Earl of Powis, Earl of Nottingham, Earl ef Plymouth, Earl of Morray, Earl ef Middleton, Earl of Melford, Earl ef Tyrconnel, Viscount Straurenberg, Viscount Preston, Lord Bishop ef Durhara, Lord Arundel of Wardour, Lord Dartmouth, Lord Dover, Mr. Chancellor of the Excheq'r, Mr. Chancellor ef the Dutchy. Upon reading this day at the board a report frem the honor- 574 PROVINCE PAPBRS. [1685, able the lords ef the committee ef council for trade and foreign plantations, bearing date the 6th day ef November instant, setting forth that, in obedience to his Majesty's orders in coun cil, ef the 25th of April, 1685, and the 3d of July last, they have examined the appeal ef Williara Vaughan from a verdict and judgment given against him on the 6th day of Novem ber, 1683, in his Majesty's courts in New-Hampshire, in New- England, at the suit of Robert Masen, Esq,, as proprietor ef that Province, for certain lands and tenements in Portsmouth, in said Province, and that they having heard the said Robert Mason, and Nathaniel Weare, attorney for the appellant, and his council, learned in the law, are hurably ef opinion that his Majesty be pleased te ratify and affirm the verdict and judg ment aforesaid. His Majesty in council was pleased to ap prove of their lordships' said opinion and report, and to order the said verdict and judgment, given against the said William Vaughan on the 6th day of November, 1683, in his Majesty's courts in New-Hamp.shire, in New-England, at the suit ef Robert Mason, Esq., as proprietor ef that Province, for certain lands and tenements in Portsmouth, in said Province, be rati fied and affirmed, and they are hereby ratifled and affirmed accordingly, William Bridgeman, Vera copia, per Richard Partridge, Clerk. Copy as en file in the case, Allen vs. Waldren, Exam, per George Jaffrey, Clerk. Letter from the same to the same, respecting Vaughan's Appeal. [Far, Belk,, App,, p, 505,] After our hearty commendation, his Majesty hath received the petition and appeal ef Williara Vaughan, an inhabitant of New-Hampshire, from several verdicts and judgments given against him in that Province, which, being referred to us by his Majesty's order in council of the 29th of April last, that we should examine the allegation thereof, and make report of the same, with an opinion thereupon, we have accordingly appointed to hear all parties concerned in the several cases therein contained, on the first Tuesday after midsumraer day, which shall be in the year 1686, To which end wo herewith 1685,] cranfield's ADMINISTRATION. 575 send you a copy ef the said petition and appeal, which you are to communicate unto Robert Mason, Esq., and te all others whom it may concern, who are to take notice thereof, and to give their attendance at that time, either by themselves or by their agents, sufficiently empowered by thera to answer the said appeal, and to submit te such judgment hereupon as by his Majesty in council shall be thought fit. And you are like wise te permit all persons to have free access to and take copies ef all records within that Province relating to the matters in dispute, and to depose upon oath what they knew concern ing the same ; which depositions are te be taken in writing by any of the merabers of the council, or justices of the peace in that Province, without any hindrance or discouragement what soever, in order te be transmitted unto us fer the clearing of truth in that appeal. And so we bid you heartily farewell. From the council chamber in Whitehall, the 22d day ef May, 1685, Yeur loving friends, Guilford, C, S., Rochester, Halifax, Pr., Clarendon, C, P, S,, Ormend, Sunderland. Lieut. Governor of New-Harapshire, er Cemraander-in-Chief fer the time being. Copy of the Petition of the Inhabitants against Mason. [Far. Belk,, App,, p, 505,] To the King's most excellent Majesty : The humble petition and address of your Majesty's dutiful and loyal subjects, inhabiting in tbe Province of New-Hamp shire in New-England [1685], Most humbly sheweth,— That yeur Majesty's loyal subjects of this Province had for more than fifty years been peaceably possessed of the lands lately challenged by Mr, Mason ; and having found the sarae an utter desert and forest land, with excessive cost and hard labor reduced the sarae to a tolerable support of ourselves and families, and lately maintained the 576 PROVINCE PAPERS. [1685. same, with a vast expense of our estates and lives against the incursions ef a barbarous enemy, who had otherwise reduced the same to utter confusion : That upon his late Majesty's declaration and order for the settlement and government of this Province, we accounted ourselves happy for that therein we were, by his said Majesty's grace and favor, saved from the unreasonable demands which Mr. Mason might have made upon us by the limitations in the ceramissien for government, wherein it was provided that the said president, or governer for the time being, sheuld use all raetheds by his good advice, to settle and quiet the people in the matter ef Mr. Mason's title, er otherwise impartially to state the case, and report the sarae to his Majesty, that a final determination might thereupon have been raade by his Ma jesty in council, which, if it had been duly attended, had, we doubt net, long since, by yeur Majesty's justice and favor, put us into a happy estate of quiet and repose : That, notwithstanding his said Majesty's command and limitation, the said Mr. Masen hath been allowed to pursue many of the inhabitants, in several suits and actions, wherein the government have taken to themselves power of an abso lute judgment, without any regard had to the said commands and limitations, and with that excess and rigor as to assign the said Mr. Mason sometiraes ten pound.s, other times twenty pounds costs, when damages have been sometiraes not above two shillings — very seldom ten — according to the orders and limitations above said : That the said Mr. Mason, beyond and beside the said quit-rents, and directly against his Majesty's order in the said commission, wherein the tenure of improved lands is assurred te the ter-tenants, upon payment of the said quit-rent, er otherwise, as his Majesty in council sheuld deter- raine, hath disposed, er given away the fee, to several persons ef several lands which were, long before his challenge, fenced and improved by others, te the great damage and injury of his Majesty's good subjects ; beside many other irregularities in the raanagement ef the government, te the great oppression and destruction ef trade within your Majesty's' Province and the utter impoverishing thereof: That for the last two years and upward, during the whole management of Mr. Mason's 1685.] BAREFOOT'S ADMINISTRATION. 577 suits at law against your Majesty's subjects, there hath been generally one jury returned to serve all the said issues, with little alterations, and almost constantly one foreman (who for that end we are apt te fear), was early complied with by Mr. Mason, for all the lands in his own possession formerly, with addition ef several other lands, to his own profit: That, net- withstanding yeur Majesty's late gracious order, and inhibit ing ef any further procedure in the case of Mr. Mason's title until the cause were brought before yeur Majesty in council, Mr. Walter Barefoot, who was left deputy governor, hath, since the arrival of your Majesty's coraraands, permitted executions te be extended and persons thereupon imprisoned in causes concerning the said Mason's title, with excessive and unreasonable costs and daraages. And, lastly, whereas yeur Majesty hath, upon complaint, made against the irregular proceedings done and suffered, been graciously pleased te permit Mr. Wm. Vaughan, one of the prin cipal inhabitants and merchants in this Province, to take his appeal te yeur Majesty in council, fer relief against several oppressive judgments, one whereof refers to the title ef his lands within this Province, holden in the same form with tho rest of his Majesty's good subjects here; we do, with all hum ble gratitude, acknowledge your Majesty's justice and favor herein ; and for that the pursuance and issue of the said appeal will therefore necessarily affect the whole Province, and bo introductory to the determination of all Mr. Mason's challenge, we have judged it our duty, in most humble manner, te pros trate ourselves at yeur Majesty's feet, and have therefore be trusted and fully impowered Mr. Nathaniel Weare, one of the inhabitants of this, your Majesty's Province, our agent, to lay before your Majesty and most honorable privy council the coraraon case and condition of your Majesty's peor and dis tressed subjects in this Province, who is fully intrusted hum bly to represent the same, and the arbitrary and severe oppres sions we have labored under, from which we are well assured of relief by your Majesty's most just and gracious determina tion, and to make an humble and entire submission of ourselves unto your Majesty's pleasure, most humbly beseeching that we may henceforward have our perfect and immediate depend- 37 578 PROVINCE PAPBRS. [1685. ance upon your Majesty and the crown ef England, as well in the tenure of eur lands as in the affairs ef government, which gracious influence of yeur Majesty is only able te revive and restore this Province to its former flourishing estate and growth, whereby we may at length be raade serviceable to yeur raost sacred Majesty and the crown, which we are devoted to serve, resolving therein te be exemplary to all ether yeur Majesty's subjects in the territory of New-England, and for which we shall ever pray, &c. NEW-HAMPSHIRE. In his Majesty's name yeu are hereby required te bring before us the body ef Anthony Nutter, ef Welshman's Cove, yeoman, to answer for his abetting and aiding Thomas Wiggin, of Swampscott, yeoman, in assaulting and wounding Walter Barefoot, Esq., deputy governor, and Robert Mason, Esq., pro prietor of the said Province (as we are credibly informed he did), to the high contempt and defiance ef his Majesty's royal authority, and for se doing this shall be your sufficient warrant. Given under our hands and seals, the 25th January, 1685, and in the fourth year ef the reign of our sovereign lord Jaraes the Second, king ef England, &c. R. Chamberlain, Justice Peace. To The. Thurten and Will Godse, marshals, er their deputies, and te all the constables in the said Province, who are straightly required to give their special assistance. J. Sherlock, Justice Peace. [Coll. N. H. Hist. Soc, 2, p. 198.] Jean Carter, wife ef Edward Carter, and Wilraot Martin, wife of John Martin, ef Great Island, do make oath, that they, hearing Mr. Mason's servant maid crying out that her master would be murthered, did run into Capt. Barefeot's house, and did see Thoraas Wiggins, Capt. Barefoot and Mr. Masen fight ing, and a tall, big man, called Anthony Nutter, was walking about the room in a laughing manner; that the deponent Carter did say to Nutter, "For God's sake, part them; will 1685.] BAREFOOT'S ADMINISTRATION. 579 you stand by and see men murthered ? pray, put Wiggins out of tho room." Nutter said te the deponent. Carter, " Will you save me harmless, then ?" But the said isTutter did net give any assistance te the deputy governor, ner did endeavor to part them, and the deponent Carter did take up Capt. Bare- foot's velvet cap which lay behind the fire. The mark of Jean X Carter. Taken upon oath the 9th of March, 1686. Before rae: R. Chamberlain, Justice Peace. [Coll. N. H. Hist, Soc, 2, p, 198.] Prudence Gatch, aged sixteen years, servant to Robert Ma sen, Esq,, raaketh oath, that Thoraas Wiggins and Anthony Nutter, being in her raaster's kitchen, Thomas Wiggins did give her master ill language; that her master bid Thoraas Wig gins several times te be gone out ef the house, and one Mrs, Hall, who was then present, did beg ef Thomas Wiggins te go out, but he would net; that she, seeing Thoraas Wiggins lay ing hold ef her master by the cravat and hair, did run forth te call the neighbors, crying out that her master would be murthered, and when she came back into the kitchen she did see fire sticking to her master's clothes, apd his periwig burned. And she did also see Thomas Wiggins fighting with the deputy governor, who was thrown down upon the fleer ; that at that sarae time Anthony Nutter did walk about the room in a laughing manner. The mark ef Prudence -j- Gatch. Taken upon oath the 9th of March, 1686. Before rae : R. Chamberlain, Justice Peace. [Coll, N, H, Hist, Soc, 2, p, 197,] I, Walter Barefoot, Esq., Deputy Governer of the Province of New-Hampshire, de make oath that upon the 30th of Decem ber last, Thomas Wiggins and Anthony Nutter, yeoman, being at my house, Wiggins did give Robert Mason, Esq,, proprietor of the Province, very provoking language, so that Mr, Masen bid him several times to go out of the house, and I did also intreat the said Wiggins to be gone, fearing some mischief might also 580 PROVINCE PAPERS. [1685. ensue; telling him that Mr. Mason had the use of the house during his stay in the country, and the servants were his; but Wiggins would net go out, being encouraged to stay by the said Nutter, who did speak to Wiggins net te go, but to stay. Then Mr. Mason opened the door, and took Thomas Wiggins by the arm, bidding him be gone, for that he sheuld not stay there. Thereupon Thomas Wiggins laid hands upon Mr. Masen, and threw hira upon the flre, and by force kept him down, se that I had great difficulty to pluck him off; and I do verily believe Mr. Mason had been murdered had it not been for me. And Thomas Wiggins did also assault me, and threw me into the sarae fire, and fell upon me, so that two of my ribs were broken, and one ef ray teeth came out. Walter Barefoot. Taken upon oath the Bth of March, 1686. Before me : R. Chamberlain, Justice Peace. [Coll. N. H. Hist. Soc, 2, p, 195,] I, Robert Mason, Esq,, proprietor of the Province of New- Harapshire, do make oath, that upon the 30th day ef Decem ber last, being in my lodgings at the house of Walter Barefoot, Esq,, deputy governor, and seeing Thomas Wiggins and An thony Nutter, of the said Province, yeoman, talking with tho deputy governor, I bid them welcome, and invited them te stay te supper. After supper, upon some discourse, Wiggins said he and others had read the papers I had set up, but they did not regard them er value them at a rush, fer I had nothing te do in the Province, ner had one foot of land therein, ner ever should have, and withal did give very abusive and provoking language, so that I commanded Wiggins to ge out of the room, which he did net, but asked the deputy governer whose the house was, Barefeot's or Mason's. The deputy governor told him that the house and servants were mine, and entreated him to be gone and not to make a disturbance. I then opened the door, and took Wiggins by the arm to put him forth, saying ho should not stay there to affront mo in my own house. Where upon Wiggins took hold of my cravat, and being a big, strong 1685,] • BAREFOOT'S ADMINISTRATION. 581 man, pulled rae to the chimney and threw me upon the fire, and lay upon me, and did endeavor te strangle rae by grasping my windpipe, that I ceuld hardly breathe. My left feet was much scorched and swelled, my coat, periwig and stockings were burnt, and had it not been for the deputy governer, who was all that time endeavoring te pluck Wiggins off from me, I de verily believe I had been murdered. I was ne sooner got out of the fire but the said Wiggins laid hands on the deputy governer, threw hira into the fire, and fell upon him so that two of the deputy governor's ribs were broke. I did with much difficulty pull Wiggins off the deputy governor. Wig gins being risen upon his feet did again assault me and the deputy governer, and threw the deputy governor down ; there upon I called te a maid servant te fetch my sword, saying the villain would murder the deputy governor. The servant com ing with my swerd in the scabbard, I took hold thereof, but it was snatched out of my hands by Anthony Nutter, who was present in the room, and did see the assault made both upon the deputy governor and rayself, and hindered me frem reliev ing the deputy governor. Nor did the said Nutter give any help er assistance to the deputy governer. Robert Mason. Taken upon the Sth of March, 1686. Before me : R. Chamberlain, Justice Peace. NEW-HAMPSHIRE. March 9, 1685. Joseph Ryan, gentleman, attorney general for our sovereign lord James the Second, by the grace of Ged king ef England, Scotland, France, Ireland, &c., deth exhibit this information against Thomas Wiggins, ef Swamscott, yeoman, that whereas Walter Barefoot, Esq., being, by virtue of his Majesty's com mission. Deputy Governor ef this Province, and Robert Mason, Esq., proprietor, being one ef his Majesty's Council in the said Province, the said Thomas Wiggins, upon the 30th day ef December last, did wilfully and maliciously make an assault upon the said Walter Barefoot and Robert Masen, in the 582 PROVINCE PAPERS. [1685. dwelling house of the said Walter Barefoot and Robert Masen, and thera, the said Walter Barefoot and Robert Masen, he, the said Thomas Wiggins, did threw into the fire, whereby two of the said Walter Barefeot's ribs were broken, and one ef his teeth came out, and the feet ef the said Robert Masen was much scorched and swelled, his periwig and clothes burned ; and that he, the said Wiggins, did endeavor to strangle the said Robert Mason, by grasping his wind-pipe, in high contempt of his Majesty's royal authority, and against the peace of our sovereign lord the king, his crown and dignity, &c., therefore pray judgment in behalf ef his Majesty. Joseph Rayn, Attorney General. A PROCLAMATION — NO DATE. [Prov, Eec, B, I, p. 162,] Whereas it hath pleased Almighty God to call to his mercy eur late sovereign lord king Charles the Second, of most blessed raeraory, by whose decease* the iraperial crowns ef Eng land, Scotland, France and Ireland, as also the supreme domin ion and sovereign right of the plantation and colony of New- Hampshire, in New-England, and all his late Majesty's territo ries and dominions in America, are solely and rightfully ceme te the high and mighty prince, James, Duke ef York and Albany, his Majesty's only brother and heir : We, therefore, his Majes ty's governor and council, with the principal officers and inhabitants ef the plantation and colony aforesaid, de now hereby, with one full voice and consent of tongue and heart, publish and proclaim, that the high and mighty prince, James the Second, is now, by the death ef eur late sovereign, ef happy raeraory, become our only lawful, lineal and rightful liege lord, James the Second, by the grace of Ged King ef England, Scotland, Prance and Ireland, and defender of the faith, supreme lord of the plantation and colony of New- Harapshire, in New-Bngland, and all other his late Majesty's territories and dorainions in America, &c, : To whom we do acknowledge all faith and constant obedience, with all hearty * Charles II died February 6, 1685. 1685.] BAREFOOT'S ADMINISTRATION. 583 and humble affection ; beseeching God, by whora kings do reign, te bless the Royal King, James the Second, with long and happy years to reign over us, God save King James the Second, Vera copia, from the original. Teste: R. Chamberlain, Sect. Letters or petitions from John Hogkins, commonly called Hawkins, one of the Sachems of the Penacook Indians. [Copied from the original, Prov. Eec, B. I, pp. 155-157.] (No. I.) May 15th, 1685. Honour Governer my friend, yeu my friend I desire yeur worship and yeur power Because I hope you can do sera great raatters this ence I ara peor and naked and I have ne men at my place because I afraid aUways mohegs he will kill rae every day and night if yeur worship when please pray help me you no let mohegs kill me at my place at Malamake Revir called Panukkeg and Natukkeg I will submit your worship aud yeur power and now I want powder and such allminishen shett and guns because I have forth at ray hom and I plant theare. This all Indian hand but pray yeu do consider your humble Servant John Hogkins. Simon Betogkom* ' Joseph -(- traske John -\- Canowa King -f- hary John -|- owamosimmin Sam -f linis Natenill -|- Indian wapeguanat -f" Taguachuwashat old Robin -\- raamanesques -|- andwa peter + Robin Mr. Gorge -i- Roddunenukgus mr. hope + both John -|- Teneh * Both Belknap and Farmer have written this "Detogkom." The origi nal ia somewhat obscure, but the same name more plainly written, appears in the next letter "Betogkom." Hon. C. E, Potter, Hist, of Manches ter, pp. 84-85, has the narae correct. — Bd. 584 PROVINCE PAPERS. [1685. (No. II.) May 15'", 1685. Honour mr Governer new this day I com your house I want se you and I Bring ray hand at before yeu I want shake hand to yeu if yeur worship when please then you Receve my hand then shake your hand and my hand you my friend because I Reraeraber at eld time when live ray grant father and grant mother then Englishmen com this country then my grant father and Englishmen they make a good govenant they friend all- wayes ray grant father loving at place called malamake Rever ether Name chef * Natukkeg and panukkeg that one Rever great many names and I bring yeu this few skins at this first time I will give you my friend This all Indian hand John -{- hawkins Sagoraor Siraen Betogkom next Joseph + traske John -j- Canowa king + hary his John + ewamosiramin Sam -f linis Natenill X Indian wapeguanat X Taguachuashat old Robin -|- raamanosques X andwa peter X Robin Gorge X Reddunnenukgus Hope X both John X Toneh (No. HI.) please your worship I will intreat yeur matther you my friend new (then ?) this if my Indians he do yeu long pray yeu no put your law because sera my Indins feoll som men much love drunk then he ne know what he de raay be he do mischif when he drunk if se pray yeu must let me know what * Doubtful, It may be " hef " for have, or " chef" for chief. 1684.] BAREFOOT'S ADMINISTRATION. 585 he dene because I will penis him what he have dene yeu yeu my friend if you desire any business then sent me I will help you if I can Mr. John hogkins (No. IV.) mr mason pray I want speake you a few words if yeur wor ship when please because I com parfas [purpose] I will speake this Governor but he go away se he say at last night* and so far I understand this governer his power that yeur power new so he speake his own mouth pray if yeu take what I want pray com te me because I want go hem at this day. your humble servant, John hogkins, Indian Sogmon. May 16'", 1685. Letter from Captain Francis Hooke, advising of danger from the Indians. [Prov, Eec, B, I, p, 158] Capt, Barefoot, Sir : — This is to inform yeu that just new there came to rae a pest, wherein I am fully informed that there is just ground te fear that the heathen have a sudden design against us : they hav ing lately about Saco affronted our English inhabitants there by threatening of them, as also by killing their dogs; but more particularly in that en Friday, Saturday and Lord's day last, they have gathered all their corn, and are removed, both pack and package, A word te the wise is enough. The old proverb is, " forewarned, forearmed," Myself and rest in cera missien with us are forthwith setting ourselves in a posture, * This letter fixes the time when Cranfield left the Province, It is dated May 16, 1685, The letter says, " this governor " — i, cf, Oanfield, say " he go away last night," which would be the I5th of May. Belknap says Cran field privately embarked on board a vessel for Jamaica, and from thence went to England, where he obtained the coUectorship of Barbadoes, At his departure, Barefoote, the deputy governor, took the chair ; which he held till he was superseded by Dudley's Commission as " President of New-England," 25th of May, 1686, 586 PROVINCE PAPERS. [1685. and to-merrow eur council raeet fer te consider what is needful te be dene. Nothing else, being in great haste, but reraain, sir, yeur obliged servant, Francis Hooke. Kittery, 13 August, 1685. Beport of Persons sent to inquire into the above Matter. [Prov. Eec, B, I, p, 159,] (Ne date or signature,) Te the Honorable Walter Barefoot, Esq,, and the Council of Great Island : Gentlemen, — According to your coramand and order to me, bearing date the 2d instant, I have, te the utmost of my power, observed every particular. Upon eur arrival there, on Priday night, they were all very courteous to us, and in the raorning my orders were read, which were very kindly received by them, aud the reasons why they deserted the places where they usually abode among the English were : — 1, That four Indians carae frem fert Albany te the fort at Penaceek, and informed them that all the Mohawks did declare they would kill all Indians from Uncas, at Mount Hope, te the eastward as far as Pegypseet, 2, The reason of Natombaraat, sagamore ef Saco, departed his place was, because the same news was brought there, as himself declared, upon reading my orders at Penacook, 3, Natombaraat, sagamore ef Saco, is gene te carry the Indians down te the same place, where they were before departing from us, on Sunday raorning, and desired Captain Heeke te meet him at Saco five days after. 4. Both sagamores of Penacook, viz., Wenalanset and Mesandowit, the latter of which is ceme down, did then declare they had no intention of war, neither indeed are they in any posture fer war, being about twenty-four men, besides squaws and papooses. 5. Asking the reason why they did net come among the English, as formerly, they answered they thought if the Mo- 1685.] BAREFOOT'S ADMINISTRATION. 587 hawks came and fought thera, they should fly fer succor to the English; that then the Mohawks would kill all the English for harboring them. REV. SEABORN COTTON. [Coll. N. H. Hist. Soc, 2, p, 204,] To the Honorable, his Majesty's Council for the Province of New- Hampshire, the Petition of Seaborn Cotton, of Hampton, in the Province abovesaid, humbly sheweth, — That whereas, by an act of his Majesty's Council, in this Province, bearing date, as I conceive, Deceraber 10, 1683, the people in the several towns were left at their liberty, whether they would pay their ministers or no, ^fter the first of January ensuing that act, unless their ministers would administer Bap tisra and the Lord's Supper te such as desired it, according to his Majesty's letter to the Massachusetts, which was never de nied by me, to any that orderly asked it; yet too many people have taken occasion thereby, both te withheld what was ray due before that act, for the year 1683, as also for the year 1684, and are likely to de so for the year 1685, except this Honorable Council see cause te pass an act and order to the trustees ef Hampton, that I raay have my due, aeeerding to the town's compact upon record, and their agreement with myself many years since. The time also drawing nigh when fer this instant year I. sheuld have my rate made, doth hasten me te present this address, and to request your Honors' favor therein. If your Honors send an order to our trustees, your Honors may possibly see cause te omit the naming myself as requesting it, all which I leave to yeur Honors' generous ac ceptance ; and am your Honors' humbly devoted Seaborn Cotton. Hampton, September 5, 1685. In answer to this petition, the Council order that the petitioner be left te the law to have his remedy against the persons he contracted with. R. Chamberlain, CI, Council. 588 PROVINCE PAPERS. [1685. Articles of Peace with the Indians inhabiting New-Hampshire and Maine. [Prov. Eec, B. I, p. 160.] Articles of Peace, agreed upon the 8th day ef September, in the year ef our Lord 1685, between the subjects ef his Majesty, king James the Second, inhabiting the Provinces ef New-Hampshire and Maine, and the Indians inhabiting the said Provinces : It is agreed there shall be fer the future a lasting peace, friendship and kindness, between the English and the Indians, and that no injury shall be offered by the one te the other : That if any Englishraan deth any injury te an Indian, upon coraplaint raade to any justice of peace the Englishman shall be punished, and the Indian shall have present satisfaction made him. And if any Indian doth an injury te the English, er threaten te de any injury, the sagamore te whom that Indian doth belong shall punish him in presence of one of the king's justices ef the peace: That if any other Indian shall design any mischief or harm to the English, the Indians inhabiting the aforesaid Provinces shall give present notice thereof to the English, and shall assist the English : That so long as the aforesaid Indians shall continue in friendship with the English, they shall be protected against the Mohawks, or any ethers, and raay freely and peaceably set down by the English near any ef their plantations. Robert Masen, Walter Barefoot, Robert Elliot, Henry Green, John Davis, Prancis Hooke. The mark ( of Mesandowit ; The mark M of Wahewab, alias Hepehoed ; The mark W ef Tecaraorisick, alias Josias ; The mark ai of John Neraony, alias Upsawah ; The mark W ef Umbesnewah, alias Robin. We, whose names are hereunto written, do freely consent and engage to comply and perform the within written articles. 1685.] BAREFOOT'S ADMINISTRATION. 589 as our neighbors have dene, and do further engage as fol loweth : Lastly — That the Indians shall net at any time hereafter remove from any of the English plantations, with their wives and children, before they have given fair and tiraely notice thereof unto the English, frora whence they do se remove; and in case the said Indians shall reraove with their wives and children, without such fair and tiraely notice given to the English, that then it shall be taken, pro confesso, that the Indians do intend and design war with the English, and do hereby declare that the peace is broken; and it shall and may be lawful to and for the English, er any on their behalf, to apprehend the said Indians, with their wives and children, and to use acts of hostility against them, until the sagamores shall make full satisfaction for all charge and damage that may arise thereby. John Davis, Francis Hooke. The mark of Netambomet, sagam of Saco ; The mark M ef Wabowab, alias Hepehoed; The mark ) ef Ned Higgon ; The mark q ef Newceme; Kancamagus, alias John Hawkins, sagamen ; Signed this instruraent, 19 7ber, 1685; hia C mark; Bagesson, alias Joseph Traske, bis O mark ; And agreed to all within written. Teste : Jos. Eatn. [Prov. Eec, B. I, p. 166,] New-Hampsh : By the Dep. Governor and Council Ordered, That a thanksgiving be celebrated fer the happy victory of our sovereign lord King James the Second, over 590 PROVINCE PAPERS. [1685. the Rebels the Duke of Monmouth and his accomplices, on Sunday sevennight, being the first day of November next.' Dat. the 20th October, 1685. R. Chamberlain, CI. Court. " Te be published by the Minister ef Hampton on Sunday next, y' 25'" October instant." Hon. Joseph Dudley's* Administration, as President of his Majesty's Territory and Dominion in New-England. [Of President Dudley's administration in New-Hampshire, very few original Papers er Records are to be found. Ed.] commission. James the Second's Commission, constituting a President and Council for Massachusetts Bay, Narragansett Country, &c. [GoU, Mass, Hist, Soc, 1st series, vol, 5, pp. 244-6,] " JAMBS the Second, by the grace of Ged King ef England, Scotland, France, and Ireland, defender ef the faith, &c., to all to whom these presents shall come, greeting : Whereas a writ ef scire facias hath been issued out of our high court ef chancery against the late governor and corapany of that colony and members thereof, is now in eur hands, and * "Joseph Dudley, son of Thomas Dudley, Governor of Massachusetts, was born in 1647, and graduated at Harvard College in 1665, He was agent of the Massachusetts Colony in England in 1682 ; president in 1685 ; one of Andros' council in 1689, when he, with other obnoxious persons, was imprisoned by the people of Boston, In 1691 he was a member of Governor Slaughter's Council, and Chief Justice of the Province of New- York, in which latter capacity he tried and condemned Governor Leisler and his Secretary Milborn, to the reversal of whose attainder he subse quently offered strenuous opposition. He next became a member of the British Parliament, Lieutenant Governor of the Isle of Wight, and In 1702 was appointed Governor of Massachusetts and New-Hampshire, the affairs of which he administered until 1715, After a life chequered with vicissitudes, he died in 1720 at the age of 72 years." [See Butchinson's Hist, of Mass., Allen's Biog. Die, and Col. Hist, of N. Y., 3, ». 364.] 1685,] DUDLEY S ADMINISTRATION. 591 we being minded to give all protection and encouragement to our geed subjects therein, and to provide in the most effectual manner, that due and impartial justice raay be administered in all cases, civil and criminal, and that all possible care may be taken fer the just, quiet and orderly government of the same; Know ye, therefore, that we, by and with the advice of our privy council, have thought fit to erect and constitute, and by these presents, fer us, our heirs, and successors, do erect, constitute, and appoint a President and Council, de take care of all that eur territories and dominions ef New-England, in America, comraonly called and known by the narae ef our Col ony of Massachusetts Bay, and our Province ef New-Hamp shire and Maine, and the Narraganset Country, otherwise called the King's Province, with all the islands, rights, and members thereunto appertaining, and to order, rule, and gov ern the same according to such methods and regulations as are herein after specified and declared, until eur chief governor shall arrive within our said colonies. " And for the better executing of our royal pleasure in this behalf, we do hereby nominate and appoint our tru.sty and well beloved subject, Joseph Dudley, Esq., te be the first Pres ident ef the said Council, and to continue in the said office until we, eur heirs or successors, shall otherwise direct. And we do likewise nominate and appoint our trusty and well beloved subjects, Simon Bradstreet, William Stoughton, Peter Bulkley, John Pynchon, Robert Masen, Richard Whar ton, Waite Winthrop, Nathaniel Saltonstall, Bartholomew Ged- ney, Jonathan Tyng, John Usher, Dudley Bradstreet, John Hincks*, Francis Champeneene, Edward Tyng, John Fits Win throp, and Edward Randolph, Esqrs,, to be of our council within our said territory and colony ; and that the said Joseph Dudley, and every succeeding president of the said council, shall and may nominate and appoint any one of the members ef the said council, fer the time being, te be his deputy, and te preside in his absence; er the said president, er his deputy, and any seven ef the said council, shall be a quorum. And our express will and pleasure is, that no person shall be ad- * John Hincks was the only one belonging to New-Hampshire, Ed, 592 PROVINCE papers. [1686. raitted te set, er have a vote in the said council, until he hath taken the oath of allegiance, and the oath hereafter raentioned, for the due and impartial execution ef justice, and the faithful discbarge in them reposed." The above written is part of the ceramissien ef charter granted to Colonel Dudley, that concerns [New-Hampshire] ; the rest is general instruction for the government ef the whole, and, concluded in these words following : " In witness whereof, we have caused these eur letters to be made patent. Witness ourself at Westminster, the 8'" day of October, in the first year of eur reign." A true copy. Communication to President Dudley and Council by the Massa chusetts General Court. [Mass. Eec, vol. 5, pp. 515, 516.] May 20, 1686. Gent". We have perused what yeu left wi*" us as a true copy of his Majt'«8 commission, showed to us the 17'" instant, im powering you fer the governing of his maj^es subjects inhabit ing this colony, and ether places therein mentioned. Yeu then applyed yourselves to us, not as a Gev'ne'' & Com pany, but (as yeu were pleased te terme us) some of the princi pall gentlemen and chiefe of the inhabitants of the severall townes of the Massachusetts, araongst ether discourse saying it concerned us to consider what there raight be thought hard and uneasy. 1. Upon perusal whereof wee finde, as we conceive, first, that there is no certeine determinate rule fer your administration of justice, and that which is, seems to be too arbitrary. 2'y. That the subjects are abridged ef their liberty as Eng lishmen, both in the raatter of legislation and in the laying of taxes, and indeed the whole unquestioned privilege of the subject transferred upon yourselves, there being not the least mention of an assembly in the comission. 1686.] DUDLEY'S ADMINISTRATION. 593 And therefore we think it highly concerns you to consider whither such a coraission be safe, either fer you or us ; but if you are se sattisfied therein as that yeu hold yourselves obliged thereby, and do take upon yeu the government ef this people, although wee cannot give eur assent thereto, yet hope shall demeane ourselves as true and loyal subjects to his maj'y. and humbly make our addresses unto Ged, &, in due time, to eur gracious prince, fer our relief. Past by the whole Court, nemine contradicente. By order, Edw'" Rawson, Sect. Superscribed — These for Joseph Dudley, Esq,, and the rest of the gent" named in his maj*!^^ comission. Belknap says*: " The new form of government took place on the twenty- fifth day of May, 1686, and on the tenth of June, an order of Council was issued for settling the County Courts, which con sisted of such members of the Council as resided in each County, and any others of them who might be present; with such justices as were commissioned fer the purpose." [SEAL.] By the President and Council of his Majesties Territory and Dominion of New-England in America. An ORDERf FOR the Holding op Courts and Execution or Justice, Published the 10'" ef June, 1686. [Prov. Eec, B. I, p. 169,] To the end that justice may be equally distributed within this his Majesties Territory and Dominion, and criminal offend ers against his Majesties laws duely punished. It is ordered by the President and Council, that in each several County and Province within this government, there shall be erected, and settled, and by the authority aforesaid there is hereby erected, appointed and settled a County Court, te be held and kept as *rar, Belk,, p. 118. t This order is printed. 38 594 province papers. [1686. a Court of Pleas, and of General Session of the Peace, within each Ceunty and Province aforesaid. The times, places & order ef which County Court aro as followeth, (viz,) For the County of Suffolk : to be held at Boston, four Courts in the year : — the first en the last Tuesday in July next ; the second en the last Tuesday in October following ; the third on the last Tuesday in January ; the fourth on the last Tuesday in April. And se en the same days annually. For the County of Middlesex : the first at Cambridge, en tho first Tuesday in October; the second at Charlestown, on the third Tuesday in December ; the third at Concord, en the first Tuesday in April; the fourth at Charlestown, on the third Tuesday in June ; and se on the same days annually. For the County of Essex : the flrst at Ipswich on the last Tuesday ef September; the second at Salem, on the last Tues day in November; the third at Ipswich, on the last Tuesday in March ; the fourth at Salem, on the last Tuesday in June ; and so annually. For the County of Hampshire : The first at Springfield, on the last Tuesday in Septeraber; the second at Northampton, on the last Tuesday in March ; and se annually. For the Province of New-Hampshire: The first at Great Island, the first Tuesday in October; the second at Ports mouth, the first Tuesday in April. For the Province of Maine : The first at Tork, the second Tuesday in October; the second at Wells, the second Tuesday in April. And for the more regular and certain keeping of the afore said Courts, It is ordered, that they shall consist of such mem ber er merabers of the council in each ceunty and province as shall be therein resident (not excluding any ethers of the council who shall think fit te be present), together with such justices ef the peace as (when need is) shall be particularly ceramissiened thereunto : so that the number in each County Court be always three at least, and one of thom a member of the Council; who, being assembled at the tiraes and places appointed, have full power and authority to open and hold the said County Courts, and to proceed to tho hearing, trying, and issuing of all civil causes and pleas whatever, and of all 1686,] DUDLEY'S ADMINISTRATION. 595 criminals not extending te life and limb ; and, upon judgment given, to award execution, making such adjournments as to them shall seem fit, and punishing all contempts, as unto such a court of right doth belong ; frem which Ceunty Courts, and the judgment in them given in all civil cases, there shall an appeal lie, te be orderly made and brought to the president and council, at their next court te be held for that end, as hereafter is appointed, unto which court of appeals the appel lant shall bring the appellant and defendant, and both shall have further liberty ef all such additional evidences and pleas te be brought as deth not alter the issue that hath been be tween them. It is further ordered, declared and appointed, that there shall be held by the president, er, in his absence, the deputy president and council, a stated superior court ef grand assize and general goal delivery, fer this his Majesty's whole territo ry and dominion, to be kept thrice in the year, at Boston, that is, on each first Tuesday in the raonths ef Noveraber, March and July, and so annually. In which superior court so te be held shall be here tried and finally issued, all cases of appeal, all capital cases, and all such pleas ef the crown, and all raat ters of greater concernment as are above the cognizance of inferior courts, and proper thereto to be determined, saving always unto all persons liberty of appeal unto his Majesty in council, as in and by his Majesty's royal commission is granted, limited and appointed. And for the mere ready dispatch ef small causes, where the damage besides cost shall net exceed the sum of forty shillings, it is ordered and declared that the president and each member of the council hath power to held plea of, and to give judgment and te award execution in all such causes as heretofore hath been in use. The like power have any two of the justices joining together, and from the sentence and judgment in these cases to be given there shall be an appeal to the next court of the ceunty, and no higher. It is also further ordered by the authority aforesaid, that in all legal process within this, his Majesty's territory and dominion, to be allowed and accounted valid, in the several courts now constituted, the original writ shall always be under the hand and seal of the president, or of some member of the 596 PROVINCE PAPBRS. [1686. council, or of the clerks of the ceunty courts within their several precincts; and in small actions, under the hand and seal of such as are to try thera. And all such writs as shall be above twenty pounds value shall also be stamped with the seal of the secretary's of&ce ; all which original writs above- said, and all executions upon judgment given, shall be directed te be served by the provost marshal, ceunty raarshal, or their deputies, and ne ether, except in final cases, when the consta ble of the town shall be sufficient; and where the cause is to be tried in the county court, every original writ shall be served fourteen days before the sitting of the said court, and pursuant thereunto a declaration ef the plaintiff shall be also entered with the clerk ef the court, seven days before its sitting, and the same time (of seven days) is given for the entrance ef the reasons of appeal with the secretary, in all cases ef appeal to the supreme court. It is further ordered, that the acknowledgment of all deeds or ether legal instruments that are to be entered upon record, shall be made before and signed by the president, er sorae meraber of the council, and ne ether. Further : that the office fer the probate ef wills and grant ing administrations bo holden by the president for the time being, and his clerk, at the council house, en Thursdays, at ten ef the clock in the morning, and in the other Provinces and remote countries by such judge and clerks as the said president, under his hand and seal, shall authorize ; and at such times as shall be appointed, taking fees according te the statutes, the said clerks being accounted as deputies te tho secretary and register, and frem him te take deputation accordingly. Further: That such as frora time te time shall be allowed and sworn attorneys by the council and ceunty courts (and they only to receive fees and plead in any of his Majesty's courts), and no ether presume to offer pleading save that every man is allowed to plead his own case : That ne affidavit, or testimony, is in any civil case to be taken out of the court where the trial is holden, except before sorae raerabers of tho council where the witness is at a great distance from the court, or incapable ef coming, or bound to 1686.] DUDLEY'S ADMINISTRATION. 597 sea before the trial, and there, in presence of thg opposite party, if he may be had, and seasonable notice be given to him thereof; and all witnesses in criminal cases to give their evidence in open court : That where judgment hath passed in any former court within this territory and dominion, and execution hath not been taken out and levied, the party for whom judgment hath passed shall have a writ ef scire facias frem the secretary er clerk ef the court, whence a new execution should proceed te the adverse party, to appear before the court that hath proper cognizance thereof, and show cause why execution should not go out ; and in case ef non-appearance, or that sufficient cause be net shown to the court fer arrest of judgment, judgment shall be affirmed, and execution granted accordingly: That the ceunty courts shall appoint in every town a fitting person for clerk, to take the accounts of births and burials (unte which office Mr. Richard Buckley is appointed for Boston), which shall be quarterly brought in to the clerks ef the county courts, fer which such clerk shall receive three pence for each name, and pay one penny for every name, to the clerk of the county court ; and every person next related er concerned is hereby ordered te give notice and make payraent, as above said, within the space of one week, upon the penalty of five shillings ; and that the several ministers and justices de in like manner, at every ceunty court, raake return ef the marriages by them severally solemnized, and pay to the clerk three pence fer every couple : That licenses fer holding ef taverns, inns, strong-water houses, and retailers, in and without doers, and public victual- ers, be granted by the county courts of the several shires and Provinces, to which the several inn-holders shall give bond and pay accustomed fees and duties, as hath been in use; and tho treasurer and such others as shall be from time te time appointed, have hereby power granted them to agree with the duties excise; and no person licensed shall presurae to draw until he hath made such agreement with the treasurer as above said. And it is ordered, that none presurae te draw drink without license, upon the penalty of five pounds for every conviction (according to the late usage), to be made 598 PROVINCE PAPERS. [1686. before seme member of the council, er any two of the justices within the county, and the fine to be levied by writ from such meraber of the council, or justices, and the sarae to be divided, one half te his Majesty, and returned te his treasury here, and the ether half to the informer. For the orderly and equal appearance of juries to serve in courts. It is ordered, That the constables and selectmen in the several towns within this, his Majesty's territories and domin ion, de, before the first day ef July next, give in to the several • marshals ef the counties in which the towns severally lie, a full and true list of all the freeholders and inhabitants meet to serve on juries; and that the marshals thereupon, in their several counties, with the assistance ef one of the justices thereto appointed, shall prick the panel or panels fer tho grand or petty jurors, who shall be sumraened by the marshal fourteen days before the court, and the panel delivered to the clerk of the courts, under the marshal's hand, that they may serve accordingly : That the fees to be paid in all trials and issues at law shall in no case pass the particular orders of the president and council. In the trial of small cases : namely, For the attachment or summons, A subpoena to summon witness. Entrance,Filing the papers, each paper. Judgment, Confessing judgment, Execution, Affidavit out ef court, Acknowledgement ef deeds and ether instruments, 0 If the deed be above a hundred pounds, In trials of the County Court. Fer stamping the writ in the Secretary's office, Attachments, if above a hundred pounds. The juries, fer every verdict. Entrance of the action. Confessing judgment. £ s. d. 0 1 0 0 0 3 0 3 4 0 0 2 0 0 6 0 1 0 0 2 0 0 1 0 ,0 2 6 0 5 0 0 0 4 0 2 0 0 6 0 0 10 0 0 2 0 1686.] DUDLEY S ADMINISTRATION. 699 Additional entrance of judgment above £20, License to keep public houses, Judgment, Execution, COURT PROBATE. Settlement of Fees. — Officers' Names. Probate ef a will and administration, copies of the will, attestation and inventory. If the estate be above two hundred pounds. In all Appeals before the President and Council. Entrance,Judgment, For serving executions, accustomed fees. Return of a proclamation. Serving a replevin. Release of a felon, besides accustomed fee for travel. The keeper's fees, in all cases, as are accustomed. The Coroner's Fees. For the inquisition ef untimely death, and of the goods of the deceased. Besides allowance fer travel ; And where no goods from the country, OFFICERS FOR THE SEVERAL COURTS. For Suffolk. Mr. Daniel Allin, Mr. Thomas Dudley, Clerks. Mr. John Winchcembe, Mr. Nathaniel Page, Marshals. Mr. John Blake, Coroner. For Middlesex. Capt. Laurence Hammond, Clerk. Mr. John Green, Marshal. Mr. Samuel Gookin, Coroner. For Essex. Mr. Stephen Sewal, Clerk. Lieut. Jeremiah Neal, Marshal. Mr. Samuel Gardiner, Coroner. 0 10 0 0 5 0 0 2 0 0 2 6 0 6 0 0 7 0 \ncil 1 0 0 0 5 0 0 1 0 0 1 6 0 1 6 0 13 600 PROVINCE PAPERS. [1686. For Hampshire. Mr. John Holioak, Mr. Sarauel Patrick, Clerks. Mr. Sarauel Marshfield, Marshal. Mr. Joseph Hawley, Coroner. For the Province of New-Hampshire. Richard Chamberlain, Esq., Clerk. Mr. Pheasant Eastwick, Coroner. Who shall all be sworn te the faithful discharge of their trust. An Order for the Encouragement of Surveyors of Ships and Vessels, dsc. Whereas, in the several counties and seaport towns, there have been appointed meet persons for the surveying of ships (either which are building or defective) and damnified goods. It is hereby declared. That the said persons are continued in that service, and fer their satisfaction shall receive, each of them, frem the employers, four shillings for every survey made and returned under their hands. Bounds and Power of Towns, dec It is ordered and declared. That the bounds ef all townships shall be and continue as heretofore settled, and that they shall be run between town and town fer tirae and raanner as hath been formerly required and used ; and that each town have the sarae liberty and power ef choosing and instructing their selectmen, constables, and other officers fer the management of their own affairs, as they have used and exercised ; and all such elections to be raade by the freeholders in every town. It is also ordered. That all contracts, agreeraents and orders, regularly made in any town, respecting either their ministers or school masters, as to their maintenance, or any ether person concerned for the public benefit ef the town, shall remain geed and valid fer the whole time that they were made for, and shall accordingly be pursued, put in execution, and ful filled. And fer the future raising and defraying of all such public charges in towns as shall be needful. It is ordered. That whatsoever sum or sums shall be granted by the inhabitants for that end, in any of their town meetings 1686.] DUDLEY'S ADMINISTRATION. 601 regularly assembled, shall be by the selectmen first presented to two of the next justices of the peace within the sarae county, or te one ef the members of the council therein resident, to bo by him or them allowed and underwritten ; which, being so obtained, the selectmen or such raters as shall be specially chosen by the town for that service, shall assess the said suras upon each particular inhabitant that is within tbeir town (the members ef his Majesty's council excepted), in due proportion to their known abilities and estates, and thereof shall make a distinct and perfect list, under their hands, setting down every man's name and particular proportion, with which list, so perfected, the selectmen shall apply themselves te one of the justices of the peace for that county, er to any meraber of the council who shall make his warrant thereupon, under his hand and seal, directed te tbe constables ef each town respectively, for the speedy levying and collecting of all such assessments within a fitting time prefixed, with power of dis tress in case of refusal or neglect of payraent by any one, as formerly ; and all sums se collected shall be by the constables carefully and duly paid in, according as the selectmen shall appoint ; and if any constable shall neglect te perform his duty in the premises, he shall be liable to respond all such sums as through his default shall net be collected and paid in. And further. It is ordered. That whereas there are several small towns and villages by the late government put under the direction of several committees, the said committees are hereby continued in their full power until the President and Council shall take further order. The Narragansett country, called the King's Province, hav ing hitherto been unsettled, is not te be understood to be intended in this order, or any thing contained therein. END OF VOLUME I. EEEATA. Page 55, for title "Dover and Swampscott patents," read Piscataqua settlement, " 136, to supply an omission in Mr, Wheelright's affidavits, see Index, name "Run- awlt," — note, " 169, 17th line from top, for Gov, " Wentworth," read Winthrop, " 217, 16th line from top, for pp. " 225-227," read pp, 26B-2B7. " 219, 20th line from top, for " Walton," read Walford, " 280, 9th line from bottom, for " Wm," Leverett, read John. " 289, Sth line from bottom, for " river," read rivers, " 307, 3d line from bottom, after " whole," insert Court, " 341, for page " 441," read 341. " 350, 16th line from bottom, for " Tho." Leverett, read Jno, " 458, for Anthony " Tabor," read Talor, " B15, Mth line from bottom, for " Laws" of Trade, read Lords. GENERAL INDEX. Abbott, Eichard, prison keeper at Great Island,. ,,472, 477, 486, 532, 535, 547 Accusations not to bespread, 143 Act concerning Privateers and Pirates 505 Action in ejectment, 515 ; writs of, 616 Actions maybe reviewed, 406 Adams, Charles, ...284, 809, 514, 561 Samuel, 561 Address of Massachusetts Oolony to King Charles II 265-270 of General Court of New- Hampshire to the King, 409 second address, do 411 Administration of Sacraments,..482, 484, 541 Adultery, 385, 444; George Bur- dit, indited for, I2l, Agamenticus, or Tork, Me,, 86, 121 Aquamenticus, 107 Age to make a valid act, 403 AlbanyFort, claim of, 260; com plaint against, by Massa chusetts, 341 ; Indians from, 586, Allen or Allin, Daniel, Mr 599 Edward, 489, 561 John, Declaration of, 157 ; Petition of, 211 ; Answer to, 218. Samuel, Gov,, 37; Col,, 515,516 Thomas, petition to the Crown, 516 Alesbury, 578 Allerton, Mr,, sent to England,.,, 55 Ambrose, Henry, 152 Alice — a Quakeress, 248 Amenseen, John, 286 ; theGreek, 524 ; in prison, 527. Ancient Grants, 4-10 ; Docu ments and Records, 154. Andrews, Mr,, 178 Andros, Col,, Gov, of New-York, 341 Anglesey 388 Anne, Cape, 34 Annexation to Massachusetts, 154-9 ; terms of, 159. Answer of Elias Stileman to Mason's claim, 509-11 ; do. of Nathaniel Weare, 511-14. Apledore, township, 240 Apleton, John, 231 ; Major, 352. Appeals, hearing of, by Privy Council 28 Apprehension of Abraham Cor bett, 288 Apsley, Allen, Sir, 6 Aquadahian, outlet of Winnipe- saukee, 201 Ardell, William, 569 Are or Eyre, Ayre, Mr '81 Argall, John, Esq,, 6 Samuel, Sir, 49 Arlington 571, 573 Arundell, Lord 3, 6, 88, 49 Atherton, Left., 180; Major, 236 Humphrey, 212 Attachment, legal notice 402 who make and when, 404 to be served in six days, 450 liberty to appear, &c,, 450 D'Aulnays, 70 Ault, John, 114, 118, 204, 213 Aurange, Prince of, 50 Austin, Joseph, 151 Axwell, H 565 606 GENERAL INDEX. Bacheler, Stephen, Eev., gives name to Hampton, 85 ; to forbear exercising his gifts, notice of, 146 ;, liberty to settle at Hampton, 148, 149 ; memorandum, 150; original settler, 151 ; "ancient," 152 ; call to be minister at Exeter, 173 ; matters concerning, 177 ; order respecting, 196 ; his farm, 231. Nathan'l, juryman, 489 ; cows taken away, 533 ; constable, 533, 559, 569, Bacon, Wm 188 Bagnall, Walter, 104 Baker, John, 204 Mark 459 Bail, not without security,,,, 405, 449 Baldwin, Henry 114 Ball, Edward, 560 ; Peter, 560. Ballast, not cast into river, 403 Ballew, William, 163, 188 Banks, Sir John, 323 Barcraste, John, 76 Barefoot, Walter, Deputy Gov,, 48 ; releases Quakers, 244 ; councilor, 434 ; Capt,, 460 ; deposition of, 462 ; Deputy Gov,, 466; suit depending, 469-471, 474, 475, 477, 478, 480, 482, 484, 485, 487; gives opinion against Mr, Moodey, 488; Captain of the Port, 492 ; assistant, 502 ; conduct toward Vaughan . and others, 519-535, 638, 54.3, 564, 566; Deputy Gov ernor, 577 ; fight with Wig gin, 578 ; testimony and oath, 579-585, 586, Jacob, 553 ; alias Corretuck, Barlow, George, 133, 134 Barnstable, 81, or Bristo, Barsham, John, 560 Barton, Goodwife, 217 Elisa 218 Bartholomew, Willie, allowed 40s. for journey, 148 ; com mittee to go to Quamseott, 217-223 ; commis'ner, 224- 231. Bath, 338 Beal, Joseph, 114 Beard, Joseph, 458, of Dover ; juryman, 489 ; suit against, by Mason, 515, Thomas, 118,213 William, 213, 285, 809 Beaufort, 571,578 Becks, Henry, 128 BeU, Charles H 134 Samuel D,, judge, 4, 103, 111, 128, 137 Bellingham, Eichard, to keep court at Piscataqua, 161, 177 ; committee at Hamp ton, 173-175, 185, 188; to keep court at Dover, Hamp ton, &c,, 198, 200 ; Govern or, 271, 273, 276, 296, Berry, William 113, 114 Bestiality, 384 Betogkom, Indian 583 Bickford, Edward,,., 285 John, 213, 282, 309, 318, 561 Thomas 561 Biggs, Thomas 145 Billes, Matthew 213 Stephen, 102 Billing, Jno 113 Black Point,, ,,,86, 238, 320, 346, 853 Blackstone, William, 28 Blake, John 599 Thomas, 71 Timothy, 560 Blasedell, widow 215 Blasphemy, 383 Blathwayt, William, 562 Bloody Point, patent, 65, 84, 96, 222; petition of, 176; rates in, 427, Bole, Mr 71 Bolston, Capt,, 547 Bonathan or Bonighton. Eich ard, 59, 60, 121 ; mutinous carriage, 832. Bonker, James, 213 Booth, Eobert, 179 Bores-head 84, 96 Boston, 262,263 Bosville, Mr., 157 Isaac, 188 Boulter, Nath'l, 46, 145, 170, 179, 540 Bound-house at Seabrook,...I46, 249, 330 Bounds of towns 600 Bourchier, Sir John, 6 GENERAL INDEX. 607 Bourchier, Henry, Esq., 6 Boyes, Matthew, 162 ; to settle limits of Northam, 165 ; of Hampton and Exeter, 171. Bracket, Anthony, 113, 561 John, 560 William, 114 Bradbery, Thomas, Eecorder, 137 ; Commissioner, 194, 197, 210, 214, 238, Bradford, Governor of Massa chusetts, 53 Alden 136 William, Deputy Governor, ...544 Bradstreet or Broadstreet, Mr,, 123 ; to assist In laying out Hampton, 148, 150. Dudley, councilor 591 Symon, Commissioner, and to hold court, 159, 161 ; at Piscataqua, 168 ; to ex amine into differences at Hampton, 175 ; to keep court at. Dover, 178, 180, 188,813,422; councillor,59I, Brakin, William, 114 Brattle, Thomas, 349 Breaking down fences, 390 Breedon, Capt. Thomas, 247, 256, 292 Brewer, Obadiah, 162, 163 Brewster or Bruster, John,„28-5, 561 Bridgman, William, 571, 674 Bridgwater 673 Brief declaration of Massachusetts Bay Company, 1...326 of (/'ranfield's Commission, 535 Brief of matters before the Lords Committee of Trade 564 Bright, Mr 90, 91 Bristo, 81 Bristol City, Eng I, 108 Brooks, Sir John 6 Broughton, George 469 Brown, Benjamin, 560 Jacob 559, 666 John 151, 166, 237 Thomas, 559 William, Capt I Buckingham, George, 5, 52 Buff, Mr 416 Buggery, 384 Bulgar, Eichard, 131, 133, 142, 168, 175 Bulkley, Peter, 333 ; messenger to England, 451 ; councilor, 691. Bull, Dixy, pirate, 105 Bunker, George 131 Burdet, George, preacher at Do ver, 86, 118, 119, 120; in dited for adultery at Aga menticus, 121. Burglary, 386, 445 Burnam, Jeremiah, 661 Eobert, 278, 279, 309, 661 of Oyster Eiver,..., 318, 514 Samuel 561 Burning fences, 390, 446 Bursley, John, 144, 170, 179 Burton, Tho 188 Butler, John, 188 Bynns, Jonas 213 c. Calcot, Samuel, 551 Cambridge College described, 262 aid to, by Portsmouth 306 Campton, John, 134 Camocke or Cummack, agent of Capt. John Mason,. ..30, 31, 78, 105, 113 Canada Eiver, 38 Cane, Mr., 130 Canney or Canning, Thomas, ....114, 118, 177, 213, 285 Canne, Joseph 561 Cant, W 578 Capawocke Isle, 98 Cape Ann 32, 33 Card, Mr. 78 Carlile, 33 Carlton, Mr., 171, 177 Edward 181,183 Carr, Sir Eobert, commissioner from England, 246, 256-258, 271, 272, 287. Carter, Edward, 578 Joan, 578 Eichard, 170, 179, 284 Carronne, Sir Nowell 50 Carteret, G 838 Cartwright, George, Col,, com missioner from England, 246, 266, 257, 268, 271, 278, 287 Casco 86, 233, 365 Caswell, Robert 151 Cass or Case, Joseph 551 Samuel, 629, 651, 660 608 GENB-RAL INDEX. Cate, James 286 Cattle at Piscataqua and Ne- wichewannock, 116, 117 ; to have keepers, 143, Certiflcate in order to be freeman, 259 Chadborn or Chadbourne, chief artificer, 110 ; built the "great house," 114, Humphrey, 114 James, 469 William, 113 William, jun., 113 Chamberlain, Eich., clerk, pro thon, &c., justice, 46, 47, 422, 434, 451, 453, 457, 467, 469, 471, 475, 487, 491, 497, 500, 540, 546, 548, 600, Champoon, Capt., 222 Champernoon. Capt,, 257 Francis, 278, 865; councilor,,, .591 Champlain, Lake 17 Chandler, Abigail 457 Charles I, king, 36, 113, 261, 326 Sovereign, 132, 254, 336 IL King, 245, 373, 409, 433 death of, 582 Charles Eiver, 18, 329 Town, 46 Charter, Great, 36 of Massachusetts, 19 to be taken awaj', 2-54 Charte, Philip, 569 Chase, Aquila 166 Thomas, 152 Chatherton, Thomas, 114 Chatterton, Michael, 113 Cheslin or Chesley, Philip, 168, 309 jun, 614, 561 Thomas, 614, 661 Chesterfield, 671, 573 Cheuse, James 569 Chickley, Tho 338 Child, Sir Josiah, 374, 507, 527, 631 Chirch, John 285 Chudley, George, Sir, 6 Church, Capt,, 346 Church at Pascataquack 131 Eecords, Mr, Moody's, 523 Wardens 112 Clarendon, C. P, S 571, 573 Clark, Arthur, 151 John 285 Samuel, 489, 498 Thomas, 212 Thomas, Capt,, 225, 317 Clements, Daniel, 551 Clements, Job, of Dover, towns man, 298, 422 ; councilor, 434, 474; juryman, 489; deceased, 503. Job, (2d.) 503, 561 Eobert, 190; to keep court,... 192 Clifford, John, 458, 560 Cochecho or Quochecho, name of Dover, 118; names of tax payers in 1680, 427. Coffin, Joshua 154 Peter, of Dover, 213 ; lays out land for Ed. Eawson, 229, 284 ; to build a turrett on meeting house, 292 ; and fort, 300 ; magistrate, 459 ; warrant to take Mr. Mood ey, 487; his house a garri son, 499; condemns Mr. Moodey, 488, 528, 527, 563, 667. Cogg, Samuel 660 Coin, value of foreign, 448 Coke or Cooke, Sir John 50, 83 Eichard 280 Colcord or Colcott, Edward, 110; of Dover, 118, 128; purchase of land from Indi ans, 134, 135, 136; of Exe ter, 145 ; authority at Hamp ton, 161 ; displaced from courts at Dover, 171 ; peti tion of, 188, 211, 196; makes disturbance, 213, 215, 236, 238, 241; applies for aid, 366; quarrels with his family, dies, 367. Cole or Coole, Matthew, 113 Eunice, 417 ; Unice, 24, * William, ,,.138, 135, 144, 145, 168 Coleman, Thomas 237 College, Cambridge 262, 806, 349 Collins, Edward, 212 Colman, Anna 243 Colony (Mass,), 262, 268 Combination at Portsmouth, 110 at Dover 126 at Exeter, 131 of Constables, 543 Comins, Eichard, 285 Commission to King's Commis sioners, 246 ; Commissions withdrawn from persons in New-Hampshire, 368, of Pres, John Cutt and Coun cil, 373, 382 GENERAL INDEX. 609 Commission of Edward Cran fleld, 433-443 ; for settling the Eastern parts, 276. of Joseph Dudley, Pres,, 590 Commodities of the country, 263 Common Prayer, use of, 482 Commonwealth ^62, 263 Complaint against Ed, Colcord, 236 of Eobert Mason, to Gov, Cranfleld, 476 ; of Thomas Thurton, 477; against Ed ward Cranfield, 556, Conecticott Eiver, 230 Conspiracy, to be punished, 389 Constables to clear their Eates, 896, 399, 447 ; to warn free men's meeting, 408 ; duties, &c,, 598. Contempt of God's word or ministers 388, 446 Contracts paid in specie, 394 Controversies of land to be tried, 393 Cooper, William 81, 113 Copies of deeds, 162 Corchaug 120 Cornall, James, 135 Corrupting officers,..,,*. 390 Cornish, Thomas, 199 Cotchmnv, Sir Eichard ¥., 6 Cotterill's Delight, 208, 222 Cotton, John, 30, 68, 65, 89 Minister of Exeter,,.. 552 John, jun., 559, 560 Seaborn 524, 527, 587 Thomas, 560 William, 560, 565 Council of Plymouth, the Charter, 4 ; names of mem bers, 5, 6, 10. Council at Eowley 368 Council's power in criminals, 887, 392 County towns, four, 340 Courts at Piscataquack, 159, 160, 168 at Portsmouth, 206, 244 at Strawberry Bank, 236 at Dover and Yorkshire, 306, 317 at Hampton and Salisbury, 311 at Portsmouth and Dover, 311 317, 320 at York, Dover and Portsm'th, 315 at Dover and Portsmouth, 319, 366 at York 349 at Dover and York, 349, 366 erected by Cranfield, 547 ordered by Pres. Dudley and Council, 593. 39 Coutch, Eobert, 219 Coventry, William 247 Cowpland, Lawrence, 135 Cox or Cockes 162, 166, 242, 458 wife and son, 242 Crame, John, 183, 145, 168, 179 Cranfleld, Edward, Gov., 433 to 575 Commission 433 Instruction to 443 Petition to, by aged men, 457 ; pardons criminals, 462; cer tificate in regard to salary, 465; order respecting Wm. Vaughan, 472, 477 ; con cerning seamen, 474 ; deeds of land to Mr, Mason, 476; for administration of sac raments, 484-488 ; for rais ing money without an as sembly, 488, 490; visit to Col, Dongan, in New-York, 499, 500, 5.56; orders to call a town meeting at Hamp ton, 501; complaint against, by Nath'l Weare, 516 ; ac count of his conduct, by Wm, Vaughan, 619-535; brief of his commission, &c, 535, 542, 546, 646 ; order of Council to pay him, 555; ar ticles of complaint against, 556 ; address and petition of inhabitants against, 557, 568 ; king's order against, 570, 572 ; leaves the Prov ince, 585, Craven 338, 562, 573 Crawley, Thomas, 133 Creeks free for flshing, 141 Criminal Laws, 386, 898 Crocket or Crockwood, Thom as, 82,87,88 Cromwell, 261 Phillip, 462, 489 Thom,, 148, 151 Crosse, John, 148, 149, 160, 151, 161, 172 Crowne, Hen,, 489 Crowther, John, 118, 114 Cursing parents, 384 Customs and imports at Piscat aqua 314 Cutshamache, Indian, 174 Cutt or Cutts, John, 46, 228, 271, 276, 279, 285, 292, 807, 312, 315, 317, 339, 369; 610 GENERAL INDEX. Cutt or Cutts, John. President of New-Hampshire, 373 ; Commission, 873-382; let ter to Gov. and Council of Mass., 411 ; second letter to, 413 ; deceased, 429, 474, 503, John, a minor, 503, 461 Cutt, Mrs 528 Eleanor, 638 Eichard, 46, 48, 206, 208, 271, 276, 278, 285, 292, 299; magistratical power, 801, 305, 307, 312, 315, 316, 317, 620, D. Dalton or Doulton, Mr,, of Hampton, 123 Mehetable, 503 Philemon, 151, 178 Samuel, deputy, 240 ; commis sioner, 270, 278; commit tee to view land for Exeter, 299, 303 ; to settle bounds between Portsmouth and Hampton, 314; associate and magistrate, 810, 366, 367; of the Council, 415, 419, 422, 425, 474, 603,* Timothy, Mr, Eev,, 160, 152, 155, 237 Dam or Dame, John, 118, 128, 285, 561 John, jun,, 561 Damage, great not to be pre tended, 406 Dande, John 213 Danes, sent over to build mills,,, 46, 114 Daniell, Bridget, executrix, 508 Davie, 309 Thomas, Capt,, 319, 889; to impress vessels, 346 ; asso ciate for county of York, 349, 359, 366, 374, 422, 428 ; of the Council, 434, 474, 603, Mr,, 566 Danforth, Thomas, Mr,, com missioner to visit eastern parts, 256, 273, 276, 280, 283, 286, 289, 290 ; to keep County courts in Norfolk, 305, Davell, William, 560 Davis, James 151, 161, 166 John, 166, 171 ; Selectman of Dover, 274, 284, 309; en sign, 315, 515, 561, 589, Davis, John, jun,, 561 Eobert, 217 Dean, Thomas, Mr., 255, 259 Dearborne, Godfrey, of Exeter, 138, 179, 468 Henry, 415, 559 Thomas, 559 Death, sentence of, 235 Declaration of John Allen, &c., respecting Dover and Squamscot patents, 157 of Eobert Mason, 482 Deed, the "Wheelwright,"..', ,,56-59 Deeds, Indian to Wheelwright and others, 184, 185, 136, 137, [See Eunawit,] Deering, Henry, 278 Defacing records, 390 ; land marks, 391, Defendant not appearing, ,..404, 449 Denbow, Salathial, 310 Denham, Elizabeth, 416, 417 Denes or Denness, Thomas, 280, 286 Denison, Capt., 167, 173 Daniel 206, 208, 230 Esq., 320, 346, 351 Maj. Gen,, 247, 318 Dennett, John 560 Deposition of Francis Small, 45 of Nathaniel Boulter, 46 of John Eedman, 46 of George Walton, 47 of Henry Sherburne, 286 of Eobert Purrington, 287 of Jno, Joanes, 287 of E, Chamberlain 458, 497 of Thomas Cobbitt, 456 of William Waldron, 458 of Walter Barefoote, 462, 503 of Thomas Thurton, 478, 503, 508, 551 of Francis Mercer, 479 ti,t TO J5>"f' ^*\'°?.!j*'l" ^°® of the members of the Conncil in New-Hampshire, died the22of August, 1680, aged nearly 52,— floinp, Town i?ec. GENERAL INDEX. 611 Deposition of Eobert Mason, 481 of Joseph Eayn, 498 of Mary Eann, 508 of John Foullsam, 544 of Henry Eoby 549 of Peter Coffin, 563 of Nathaniel Smith i,.417 Deputies diet, 180, 181 ; allow ance for, 216, 216, Names of, to General Court of Mass, from N, H., ,,,369-372 De Euiter 252 Dermit, William, 81 Devon, county of, 5 Diggs, Sir Dudley, 6 Discord between Hampton and Salisbury, 221,224 Dover and Oyster Eiver, 293 Discoverer, ship, I Documents relating to New- Hampshire, from 1631 to 1641, 108-153 respecting Cranfield's and Ma son's claims, 509-542 Doe, Nicholas, 309 Dolhoff, Christian, 559 Dorchester, 108 Dover, 29, 118, 119, 120, 125; combination, 126 ; letter to Gov. of Mass,, 127; rights and bounds, 168, 202; ad monished, 169, and Strawberry Bank, 172, 174, 180, 186 ; powder for, 172; Neck, 29, 119; minis try in, 308; courts at, 178, 184, 188, 198, 225, 241 ; pe tition, 183, 202, 212; ex empted, 188 ; fined, 197 ; increase of, 200 ; Enquirer, 118, and Kittery 213, 214 and Oyster Eiver, 236 and Squamscott. 228 ; School master in, 284 and Yorke, 244 Selectmen of, 284; school in, 312. Dover and Portsmouth, 318, 347, 348 ; rates in, 1680 ; names, 427, Dow, Joseph, 150 ; of Harapton, 151, 162; petition, 465; con temptuous, 497, 560, 567 ; Esq,, 151, 242, note, Henry, 425 ; juryman, 489, Downing, Emanuel, 83, 105, 149 Mr 292 Downs, Edmund, 292 Thomas 284 Drake, Sir John 6 Abraham, 146, 168, 171, 179 Abraham, jun 551 Francis, 278, 287 Nathaniel, 298, 561 Drown, .Tohn, 458 Drowned, eight persons, 242 Drunkenness, 391, 445 Dudley, Billy, 659 Joseph, Mr,, to keep court at Dover and Yorke, 349 ; committee of oourt, 351 ; President of New-England, 590 ; communication to, 592. Samuel, Mr., 137, 158; to settle the line of Northam, 162, 165, 171 ; commission er, 177 ; lay out bounds of Exeter, 181, 183, 190 ; asso ciate, 192 ; settle discords, 221, 224 ; certificate of, 286. Theophilus, 559 Thomas, clerk Thomas, Gov., 179, 590 Duggin, Daniel, 560 Duke of York, 440 Dummer, Mr,, 146 Dungans or Dongan, Col., Gov ernor of New- York, 449 ; letter to, 600; visited by Cranfleld, 531, Durston or Duston, Thomas, 128 Dutch 125 Duxbury, 120 Dyer or Dier, Mary, 284 William, 285 E. Eason, Mr,, 148 Eastwick, Pheasant 498 Mr , 524, 600 Edgerlie, Thomas, 309; justice, 488, 615, 528, 561. Edgecomb, Eichard, Sir 6 Edward I, King of England, 469 Elizabeth, Queen, 2, 49 Elkins, Henry 131, 138, 179 Gershom, 415 612 GENERAL INDEX. Ellet, 529 Ellins or EUery, Anthony,..114, 286 Elliott, Jacob, 131 Eobert, 428 ; of the council, 475, 487; juryman, 489, 500; Mr,, 604, 566, Ely, Will,, 459 Embargo on Trade, &c 463 Emery, 101 ; Anthony, 172, Endecott, Jo,, Gov,, 102, 103, 196, 201 English, William, 152, 182 Ernie, Godolphin, 662, 673 Espamabough, Indian 135 Estow, Willie, 148, 151, 172 Evens, Goodman, 217 Evans, Benjamin's wife, 417 Robert, 285 Exeter, 84, 96, 108, 128 ; combi nation, 131 ; book of records, 137 ; court orders, 137-145; petition of, 170, 178, 190, 198; Mr, Bachelor, 173; constable at, 192, 194 ; re ceived under Massachusetts, 171 ; bounds, 203, 303 ; sol diers in, 310; rates in, 1680; names, 426. Extortion, 144 Eyre or Are, Aires, Ayres, Thomas 30, 61, 62, 64, 65, 67 Eliezer 30 F. False witness 384 Families in Hampton, 151 Farmer, John _ 56, 151 Farm, Mr, Bacheler's 231 Fayes, John, 177 Feabens, John 489 George, 489 Fees of court 464, 598, 600 Felony 386 Fences in Exeter 141, 142 Fernald, Eenald 113, 193, 206, 208, 218 Field, Darby, 133, 134, 136 Joseph, 309, 514, 561 Zacharias 309, 514 Fifield, William, 152, 166, 237, 458, 565 WiUiam, jun,, 539 Fireing woods, 139, 392 First settlement in New-Hamp shire, 108 Fisher, Daniel, 351 Fishing- wears 141 Fletcher, John, 487, 561 FoUet, John, 128 Folsom or Foullsam, John, sen., of Exeter, 277, 278, 279, 626 ; deposition of, 544, 551, 559, Nathaniel, 559, 565, 569 Peter 489, 569 Samuel, 559 Footman, Thonias, 213 Forcible detaining possession, 388 Forgery of deeds 389 Former laws to stand, 398 Fornication, 386, 445 Fort at Dover Neck, 300 at Great Island 306, 816, 319 Fortifications on Piscataqua 300 Fox, Nathaniel, 531 Foxwell, Mr,, 236 Frayser, William, 177 Freeholders voting, 318 Freemen to choose officers, 403 Frier or Fryer, Nath'l, 271, 276, 285 ; deputy, 292 ; county commissioner, 304 ; deputy governor, 474, 475 ; assist ant, 482, 488 ; threatened, 623, 588, Frontier towns, 319 Frost, Charles, 306; Capt,, 353 ; justice, 564, John, 285 Nicolas 214 Fuller, Giles 152, 166 John, 415 Eachel, 416,417 William, ,,,152, 153, 237, 458, 559 Funnel, Mr., 177 Furber, Jethro, 560 William,, .,118, 128, 135, 188, 204, 213, 214, 284, 514, 561 William, jun 514, 561 Furrall, Thomas, 114 Fursen, Thomas 177 GENERAL INDEX. 613 G. Gage, Gay or Guy, Edwin, 30, 64 Gaming, unlawful, 391 Gardner, Christopher, Sir, .,104, 105 Henry, 30, 63, 64, 67, 69 Nathaniel, 222, 224 Samuel, 599 Gatch, Prudence, 579 Gates, Thomas, Sir, 5, 6 Gedney, Bartholomew 591 Gee or Goe, Eafe, 81, 113 Henry II3 Geare, John, 666 General Laws and Liberties of the Province 382, 393 Gent, Daniel, 568 Geoffry, Mr,, 148 Grerrish, John, quartermaster to the troop, 311 ; Capt,, 414 ; constable, 496, 515, 526, 533, 561, Gibbes, Gibbs or Gibes, John,.,,. 68 Mr., 81 William, 137 Gibbins, Gibens or Gibons, Am brose, Attorney for Capt, Mason, 36, 37 ; witnesses Wheelwright deed, 59, 60; factor of the Company of Laconia, 68, 70, 71, 72, 73, 74, 76, 82, 87, 88, 93, 94, 95, 97, 98, 99, 100, 111, 113, 114, 117, 118, 141; com missioner at Piscataqua, 159, 185; Capt. to gratify the Indians, 161 ; to keep court, 188, 213. Mrs., 76 ; daughter, " little Beck," 76, 95. Edward, Capt, 149 Gibson, Eichard, 118, 163 Gilbert, Ealeigh, Sir, 6 Giles, Edward, Sir 6 Gilman, N. G., 60 Dan,, juryman, 489 Edward, Sen. ,,,,199, 426, 561, 559 Edward, Jun., 199, 489 John, 303; Lieut,, 310; of the Council, 374, 422, 426, 434, 474, 502 ; wife of, 559 ; Sen., 551, 565. Moses, sen,, 589; wife of, 551, 558, Moses, 549 Gittins, George, 22-3 Glebe land in Portsmouth, Ill Gleeden, Charles 285 Glover, Mr., y2 Goddard, John, 114, 118',"l77, 213, 809 Godfrie or Godfrey, Edward, attorney for Mason and Gorges, ,38,68 Mr., 88, 105, 114 Edmund 121 Isaac, 560 John 415, 418 Mary, 4I6, 417 Mehitable, 417 William, 237 Godolphin, 573 Goff, Col,, .'..261 Goljabs Neck, 315 Gooken, Capt. Daniel, to hold courts in Portsmouth and Dover, 244, 261, 273; court at Hampton, 311; at Nor folk, 315; Maj., 362. Samuel, 599 Gorgeana 86 Gorges, Edward, Ld 6, 33 Ferdinando, Sir, 2, 6, 6, 10, 27, 33,37; see "grants," 38, 41, 49, 50 ; letter from, 52, 84, 63, 64, 86, 90, 97, 98, 104, 105, 107, 110, 334, 335, 339, 850, Eobert, 9, 62, 53, 54 Thomas 121 Gouch, John, 121 ; wife of, 122. Gove, Edward, 458 ; letter from, in prison, 459; sentenced to be hung, 461; jurvmen at trial of, 489, 494. John, 459 Graffort, Thomas, 498, 569 G ram m ar schools, 312 Grants, ancient, 4-39 to the London and Plymouth Company, 4 Charter for Council of Ply mouth, 4 of Province of Maine to Sir F, Gorges 10 of Massachusetts to Sir Henrv Eoswell ",, 18 Charter of King James to the Massachusetts Company, 19 of New-Hampshire to .John Mason 21 614 GENERAL INDEX. Grants, the Plymouth Council to Sir F. Gorges and Capt. John Mason, 27 ; to Edward Hil ton, 28; to Sir F, Gorges and others, 29 ; to Capt, John Mason, 32, 33, 36; "Laconia," 27, 88, Grassam, Stephen, 286 Graves, Mr 106 Great Eddy, 315 House, 48, 114 Island 48 Green, Henry, Assistant Justice, 482, 487, 488, 520. 523 ; in trouble, 527 ; makes confes sion to Mr, Moodey, 532, 638, 540, John, 599 Greenfield, Sam,, 145, 148, 151, 170, 176, 181 Greenland, Doct,, 278 Greenleefe, Left., 161 Edmond, 188 Grear, John 72, 76 Griffith, George, 30, 68, 64, 69 Grosse, Isaac, 131 Guilford, C, S 562, 573 Gunnison, Hugh, 131, 188 Gunpowder to towns, 161 Gyner, Gerard, 561 H. Haddington, John, viscount, 6 Habeas Corpus 542, 567 Haines, Samuel, 128, 206, 208, 286, 489, 560 Samuel, jun,, 560 Mathias 489,560 Hair, wearing long, 191 Halifax, C, P, S 562, 671, 673 HaU, John, 118, 128, 182, 186, 285 John, Jun. .489, 514, 561 Joseph, 498, 515 Kinsley 569 Lieut, 489, 521 Eallf, 133, 170, 559 Eobert 539 Samuel, 559 Hamilton, James, Marquis, 7 Hammond, Thomas, Sir, 6 Edmund, 479 Lawrence, Capt., 599 Mr. 492 Hampton 84, 85, 96, 146. 153 Bounds, 149, 199, 210, 214 Families in, 151 House lots, 152 Name, 148 names of those who paid rates in 1680, 424 ordered to call a town meet ing, 502 Petition of, 165, 196, 197, 312 Eules of meetings, 153 and Salisbury,. ..221, 224, 225, 230 and Strawberry Bank, 224 arerf Portsmouth bounds, 314 Hampstead (L. I,), 125 Hart, John, 286 y, Joakim, 316 Haskins, WiU,, 489 Hathorne, Wm., Capt, 194, 197,224 ; Maj,, 259; makes a seditious speech, 270 ; to hold court, 297, 299; to take charge of soldiers, 346, Haward, Hayward, or Howard, Left, 183, 195 WiUi, Sergeant, 149, 151; to grant summons, &c., 160, 161 ; objections to, 166, 173, 176. Hawley, Joseph, 600 Hawkins, Eichard, Sir. 6 Heale, Warwick, Sir, 6 Heard, John, 118, 213, 285, 514, 561 Heath, Eobert, Sir 6 Helme, Chr., 133 Henry, Earl of South-Hampton, 6 Hendrick, Daniel 152 Herbert Mr., 68, 81 Herd, Thomas, 114 Hethersay, Eobert 145, 170 Hewett Mr 157 Highways, width in Exeter, 142 Hil, Mr., 102 HiU, Capt, 247 John 561 Joseph, 561 Nathaniel, ; 514, 561 Ealph, 213 Samuel, 516, 661, Valentine, 198, 202; associ ate, 207, 213, ; deputy, 369, 370, Hills, Jos,, 206, 208, 212 Hilton, Charles, 620 GENERAL INDEX. 615 Hilton, Edward, grant to, 28, 31, 55 ; witness to Wheelwright deed, 59, 60, 68; Mr,, 105; settler of Dover Neck, 109, 118, 155; of Exeter, 137, 138, 146 ; sold land to mer chants in Bristol, 157 ; to hold court 159, 160 ; peti tioner, 199, 278, 279; ex empted from country rates, 306, William, planter at Dover Neck, 109, 118; of Exeter, 138, 141, 161. Hilton Patent, 84, 96 ; Planta tion, 233 ; Point, 88. Hilyard or Hilliard, ManeweU, 242 Timothy 560, 565 Hincks or Hinks, John, Assist ant, 474; of the Council, 475, 485; juryman, 489; 491, 500, 502, 545, 568; councilor, 591. Hobby, Charles, Sir 516 Hobes, Morris, 458, 489, 559 Hof, Mr 129 Hog or Hodg, Seabank, 508 Hodgkins or Hawkins, John, letters, 583-585 Hogstye Cove 222 Holderness, Earl of, 52 Holland, John, 70 Hollanders, letters concerning,... 49 Hollet Philip 318 Holliock or Holyoke, Edw., 155, 157 John, 600 Hooper, Eichard, 658 Hooke, Francis, Capt, 585, 589 Home, William, 514, 561 Horses, order concerning 894 Houghton, William, 451 House of Deputies, diet, 215 Hewlett Ensign, 225 Hubbard, Mr., 30 Huckins, James, 310, 514, 561 Eobert 128 Huggins, John, 151, 166, 498 Hunkins or Hunking, 561 Hull, Capt 495 Eeuben 498, 503, 507, 538 (Ben.), 561, 566 Hunt, Bartholomew, 128 George, 660 Eichard 162, 164 Tho,, 164 Huntington (L, I,), 120 William 166 Huntington 573 Hussey, Christopher, 148, 150, 151, 166 ; allowed to join in marriage, 234 ; deputy, 370 ; of the Council, 374, 422, 458, 474, 502, 559, 565. Mary, widow, 148, 151 Hutchinson, Mrs. Anne, 128, 130 Samuel, 134 Hutton, Ant, 498 Hyde, Capt, of ship Guiney, .. ..247 Idolatry, forbidden, 383 Impost on wines, 182 Imprisonment, not before sen tence 402 Ince, Jonathan, 201 Indigent offenders, punished, 446 Indian deed to Wheelwright, 56 deeds to Wheelwright 134-136 killed, 106; ground at Exe ter, 142 ; corn injured, 143 ; Sachems, &c., 262; skulk ing Indians, 318 ; cause of Indian war, 342 ; praying, 343 ; no one to sell to, &c,, 344; peace with, 345 ; order for settling, 348; traveling the woods, 348; eastern In dians, 353 ; order for prose cuting the war, 353 ; docu ments relating to, 354-366 ; sham-fight with, 357 ; cap tured, 357 ; danger appre hended from, 358 ; letter relating to sham-fight, 360 ; peace with at Casco, 865 ; Seneca and Mohawks, 499 ; fear of insurrection, 499 ; letters from John Hogkins and chiefs, 583-585; arti- cless of peace with, and the names of signers, 588, Inquiry into causes of Indian war 342 Instructions to Deputy Capt, Eichard Waldren, 233, 291; for Maj,, 361, 362. to Wm, Stoughton and Peter Bulkley 333 616 GENERAL INDEX. Instructions, for Capt. Charles Frost, 363 to Edward Cranfield 443-444 Inventory of goods and imple ments at Piscataway and Newichewanock, 115-117 Iron in the Province, 268 Iroquois lake, 17, 38 Irreverance to magistrates, 188 Isles of Shoals,.. .,2, 82, 52, 240, 313 Smith's, 2 Ixem, Fred, 36 Jackson or Jacson, Eichard 286 Tho,, 489 Walter, 310 Jaftery, Geo. (Eng,), 573 James, King,,.3, 19, 32, 33, 321, 420 the Second 582, 590 Hugh, 114 ships, 106, 119 Jeffrey or Jaffrey, George, 472, 492, 502, 524, 527 ; search for, 530, 561, 574, Jenison, Patrick, 310 Jenkins, L., 458 Leoline, 546, 662 Jerrld, Gatharias, 561 Jewett Joseph, 209, 214 Johnson, Edward, 152, 200, 201, 206, 208, 257, 289, 310 Edmund, 1-51, 166 James, 114, 177, 278 John 560 Tom., 100, 101 Widow Euth, 559 Jones or Joanes, Alexander, 114 Francis, 500 James, 560 John 113, 287 Jenkin, 514, 661 Margaret, 219 Steven, 284, 809, 661 ¦ Thomas, 145, 151 166, 171, 179 WiUiam, 113, 128, 177 Jocelyn or Josselyn, attorney for Capt, John Mason, 30, 31, 36, 47 ; affirms respect ing survey, &c,, 86, 89, 90, 92, 94, 98, 113; justice at Yorke, 121. Jordan, Mr,, 247 Jose or Goss, Eichard, ,.285, 498, 561 Jane, 561 Jordan, Mr,, 260 Jourdan & Phillips, 236 Jowles, Mr., 412 Junction of Winnepisaukee and Pemigewasset, 289 Jurisdiction of Mass. over New- Hampshire terminated,,. .,372-3 Jurymen, how empaneled, 449; at trial of Edward Gove, 489; objected to by Eich, Waldron, 503, Justice of the peace, power of,, ...450 Justice to be equally admin istered, 444 K. Kancamagus, Indian, 689 Keats, Samuel, 560 Kedder or Kidder, Steven or Steephen 70, 82 Keeping courts, time and place, ..395 Kene, Nathan, 479 Kenney, Jos., 489 Kennedy, Joseph 561 Kennebeck river, 55, 320 Keyes, Capt, 62 Killing wolf, bounty for, 398 King, Thomas, 145, 152, 171 King's (Commissioners, 245-275, 281 ; letter to the Governor and Council of Massachu setts, 249; report of, 258; warrant to constable, 270. King's Creek, 222 Kinglyn, town of, 41 Kittery 256, 267 Knill, Knel, or Neale, Charles, 70, 71, 72, 75, 82, 87, 88 Knight, Ezekiel, 306 Eichard, 166 Eobert 188 Eoger, 61, 62, 81, 112, 114 Thomas, 162, 163 Knowles or Knollys, Hanserd, 110, 119; minister at Do ver, 120, 122 ; difficulty with Mr, Larkham, 128; "fined, 124, and goes to England, Mr,, 172, 197, GENERAL INDEX. 617 Laconia, Company of, 84 Patent of, 83 Province of, 16, 17, 27 Lake, Thomas, 157, 211, 217, 222, 223, 224 Lamprell river, 137, 138, 203, 204 David, 560 Henry, 549, 553, 559 Land, gift by Mason for support of a preacher, and a free grammar school, 43 grant of 400 acres to Wm. Ha thorne, 194; of 600 acres to Mr, E, Downinge, 195 ; to Dover and Portsmouth, 801, 315, for use of Capt, Thomas Lake, 314 ; for a village of Portsmouth, 315, Lander, John, 113 Land-marks, penalty for remov ing, 446 Lane, Ambrose, 193 one 48 Sampson, 46, 48, 113 Langstaff or Lankster, Henry, 114, 119, 177, 213 ; select man, 274, 515, Larkham, Thomas, 85, 110, 119; troubles with, at Dover, 122, 123, 124; signs "Combina tion," 126, 128; deed to Wm, Walderne, 162, 163, La Tour, Gov,, 69 Lavers, Benjamin, 559 Jacob, 560 John 560 Laws, capital, 383 Province, 382,444 under Cranfleld 444-461 Lawson, Christopher, 188, 144, 168, 188 Layton or Laiton, 101 Thomas, 119, 128, 213, 285 William, 284 Leach, James, 639 Leavitt, Levit, Lovett, Christo pher, Capt., 9, 52 ; voyage of, 53. Aratus, 415, 469 Hazen or Hezron, 419, 560 James, 560 John, 559 Moses, 559 Samuel 549, 553, 559 40 Leavitt, Thomas, 57, 59, 133, 166, 416, 458, 559 Leeson, Nicholas, su Legat or Legate, John, 144, 145, 168, 170, 178, 179, 199 Lenox, 33 Duke, '.".¦'.'.¦ 40 Lester, Nicholas, 199 Lethers, Edward, 310 Petition of, 430 Letter from Thomas Eyre, 61 Capt Mason and company, 69 Mr, Gibbens 73, 81 John Eaymond, 76 Neale and Wiggen 83 Gorges and Mason, 89 John Mason 89 Ambrose Gibbens 91 George Vaughan, 96, 97 Anne Mason, 99 Eichard Rogers 100 Inhabitants of Dover, 126 John Endicott, 195 Mr, Mavericke, 247, 248 Mr, Carr and Mavericke 248 the King's Commisrs, 249 Messrs, Carr, Cartwright and Mavericke, 252 Sir Eobert Carr, 258 Col. Nicholls, 263 Council of Massachusetts 275 Selectmen of Portsmouth, 276 Eobert Carr 288 King Charles II, 296 Gov. Leverett 349 Major Waldron 354, 356 Brian Pendleton, 856 from Eichard Martyn 360 John Cutt and Council 410 Council to Gov, Bradstreet 422 Edward Gove, in prison 459 Edward Eandolph, 491 the Council to Gov. Dongan, ,...500 Wm, Vaughan, in prison, 519 Governor and Council, 544 Cranfield to Sir L, Jenkins,,,,, 546 Lords of Trade to Cranfleld, 562, 672 Capt Francis Hooke about Indians, 685 respecting Vaugh an 's appeal, ,.. 574 Letters concerning Hollanders, 49, 60 from John Hogkins, Indian (four) 583-585 618 GENERAL INDEX. Letters, relating to Indians, 358-360 Leverett, Maj, Gen, John, 244, 256, 273 ; commission to set tle eastern parts, 276, 280,* 283, 288; to hold county court at Portsmouth, 292, 802; at Dover and York shire, 806 ; Governor, 339, 347, 350. Leveridge or Leverioh, Mr., 106 ; William, notice of, 119, 120. Lewis, John, 286, 456, 489 Jonathan 561 Philip, 177, 286, 615 Thomas, 28; Mr,, 90, Liberty, of freemen to inhabi tants of Piscataqua, not church members, 161 ; of conscience, 637 ; to with draw action, 449, Licenses for taverns, &c., 697 Light John, 560 Lindshy 673 * " Wm," by mistake. List of males and estates to be taken, 398 Littlefield, Edmond 133 Little Harbor, 55, 109 Lodowick, Duke, 5 London, H,, 838 Lord, Eob't, 225 Lord's day, profaning, 387, 446 Lords of Trade and Plantations, representations of, to king, 615 ; reference to of Nath, Weare's letter, 519 Loss by Indian war, 344 Lottery, 391 Lovell, Splan 560 Loveringe, John, 284 Low, Jeremiah, 559 Lummus or Lomax, Nathaniel, ,,561 Lusher, Eleazer or Elias, 212 ; to help county courts, Maj,, 241 ; commissioner to settle eastern parts, 256, 276, 280, Lux, Christopher, 415 Luxon, Mr., 71 Lying, 390, 445 M. Magistrates, 119 Makepeace, Thomas, 155, 157 Maine, Province of. Grant, 10 Manapatta river, 49 Mandamus for Robert Mason to a seat in the Council, 420 Maning, John, 188 Mansell, Sir Eobert, 6 Man-stealing, 384 Marion, John 458 Market at Hampton 216 Marks, town, agreed on, 189 Marriage 896 Marshalls, their duties and fees, 393; to levy fines, &c., 400; to call for assistance, 401 ; where to make demands, 401. Marshes in Oyster river, 141 Marshfield, Samuel, 600 Marston or Marsting, John, 559 Thomas, of Hampton, 151, 166, 278, 415, 458; jury man, 489, WiUiam , 151, 166, 415 Martyn, Eichard, Associate for county of Dover, 317, 319, 339 ; to impress vessels for service, 346 ; magistrate, 849,369; Maj,, 366; of the council, 374, 422 ; treasurer, 424, 434 ; petition of, 474, 493, 602, 531 ; dispute with Cranfield, 561, Mrs,, deceased 523 Mrs, Wilmot, wife of John, ,,,578 Mason, Capt John, 1, 2, 8, 10 ; grant of New-Hampshire to, 21-27, 30, 32, 38, 41 ; wiU of, 41 ; depositions concerning, 45-48 ; letter about Hollan ders, 49 ; 62, 63, 04, 67, 69, 76, 85, 86, 91 ; death of, 97- 106, 107, 110, 510, 511, 518, Mrs, Anne, 41, 43, 44, 99, 102, 232 Hall or Manor, 41, 42, 45, 110 Hugh, .¦.351 Joseph 41, 102, 332 Peter 489, 561 Eobert [Tufton] Mason, 27, 37, 48 ; claim to land, 252 ; petition to the king, 321; answer of Massachusetts to his claims, &c., 330-335, 339, 381, 420, 422, 423, 429, 434; king's order concern- GENERAL INDEX. 619 ing, 451-466, 469, 474, 475- 478, 481, 482, 491, 498, 600, 502, 509 ; documents in re lation to his claims, law suits, &c., 609-558, 565; passim, 572 ; fight with Thom Wiggin, 678, 579; oath, 580; councilor, 691. Massachusetts Grant, charter, 18, 19 ; claim to New- Hampshire, 47 ; extent of line to river Piscataqua, 168; bounds, north line, 200, 326, 328, 336, 339, 350. Massonia, 34 Matinecoe Indians 125 Mathews, Benjamin, 309 Daniel, 479, 502 Francis 114, 119, 133 Long, 621 ; marshal, 525, 526, 527, 628, 530, 532; Ma- thawes, (?) 560 Maud, Mr., 197 Mavericke, Samuel, king's com missioner 246-287 Maydwell, Thomas, 88 Medar, John, 309, 616, 661 Medcalf, Joseph, 230 Meeting-house, first, at Dover Neck, 119 ; at Portsmouth, 228; fortified, 499, Meleher, Edward 560 Mercer, Prancis, 528 Merrimack, Monomack, or Mal amake river, explored by Samuel de Champlain, 2 ; 12, 16, 17, 18, 23, 27 ; north ern latitude of, and name, 201, 289, 329, 336, 360, 584, Mesandowit, Indian, 586 Michelson, Edward, 236 Middleton 573 Militia, order for, 316; com mittees of, 319, Mill, saw and grist, 45 ; miller's toll, 140. Mingay, Jeoffrey, 151, 166 Minister for Strawberry Bank, 164 ; for Portsmouth, 228. Ministry at Dover , and Oyster Eiver, 215, 308; at Dover, 220, 808, 312; at Ports mouth, 315. Miscellaneous items relating to New-Hampshire, 103-107 Mistonobite, Indian, 59 Mogall street, 98 Mohawks, 586 Mompessan, Giles, Sir, 6 Money, 448 ; value of coin, 481. Montauk Indians,\ 120 Moodey, Joshua, 228, 307, 459, 482 ; information against, 484, 487 ; warrant against, 486 ; imprisoned, plea in defense, 520, 531, 538, 568. Moore, Ensign, 489 Thomas 114 William, 179 Morgan, Eichard, 559 Morrice, Secretary, 263, 298 Morris, Eichard 131,133 Morrill, Nicholas, 560 Morse, Oba,, 489, 528, 560 Morton, Thomas, 104, 105 Moses, Jno,, 285 Moss, Joseph, 286 Moulton or Molton, Benjamin, 559, 565 Henry, 425 ; selectman, sen. juryman, 489 ; 559, John, 148, 149, 150, 151, 183 ; juryman, 489 ; 559, Joseph 559, Thomas 148, 151, 215 Mount Hope, 586 Murder, Bagnall's, 103 ; penalty for willful 384 Musgrave, Phil 571 Muskito Hall, 99 N. Names of stewards and servants sent by John Mason into the Province, 113 of Lord's Chief Justices 334 of deputies from New-Hamp shire to General Court of Massachusetts, 869-872 Names of persons who paid rates, 1680-1681, in Hampton, Ex eter, Dover, Portsmouth, 424-428 of Indian chiefs 583, 584 Narragansett country, 601 Nason, Eichard, 214 620 GENERAL INDEX. Natombanat, Indian 586 Natescatt, 104 Natukkog 584 Naumkeag or Naumkeek river, 32 33 Nautican, 98 Neale, Charles, 72, or Knill (which see). Francis, Mr, 806 Jeremiah 659 Walter, Lieut, ,.298, 286, 561 Walter, Capt, Gov., attor ney for John Mason, &c., 18, 26, 31, 59, 60, 62, 64-69, 72, 75 ; survey of Piscat aqua, &c,, division into towns, 83, 84, 85-88, 89-91, 97, 104-110, 113, 332, Near relations not to vote, 402 Needham, Nicholls, 133, 134, 185, 138, 139 ; ruler in Ex eter, 142, 143 ; resigns his office, 144, Negroes from Guinea, 180 Nelson, Thomas, 149 New- Amsterdam, 120 Newberry, 147 New-Bngland, name, 2, 5 New-Hampshire, name, 1, 21, 24, 34 Newichawannock river, 32, 33, 84, 45, 46, 48; plantation, house at, 68-70, 71, 76, 77, 81, 90 ; inventory of goods at, 93-96, 114, 115, 214, 315, New-Netherlands 49 Newtown (L, I,) 120 Newt or Nute, James, 114, 119, 213 New-York government, 341 Documents 245-264 Nicholas, John, 338 Eichard, 565 Nichols, Eli 487 Nicholls, Col,, King's Commis sioner, 245, 265, 259, 263, 278 294, Nickeles, "old " or Nicoles, 100, 101 Noble, Christopher, 565 Nock, Thomas, 284 Non-suited, when 404 Norcrosse, Nathaniel 145 Norfolk, courts 189, 190, 192, 217 county, 270 North, Fra,, 388 Northe, Thomas, 213 North-ham (Dover), 84, 85, 96, 126, 162; liberty to, 164, Norton, Capt, Francis, 45, 46, 47, 88, 99, 118 John, 235 Nutter, Anthony, 298, 479 ; con stable, 490, 491, 514, 526, 588, 561, 564, 578, Hatevil, 286 John 661 o. Oak timber, 138 Oath of Elders and Eulers at Exeter 133 of the people 134 of Capts, WiUard and John son, 289 of Eichard Waldron, 289 of Peter Weare, 289 Odiorne's Point, 2, 109 Oldham, John 59, 103 Olden's, Mr 62 Order and Law, at Exeter, 140 to constables at Dover, con cerning Quakers, 248 for settling Indians, 848 for prosecuting Indian war,. ,,,853 for a Fast, 429 to masters of vessels, on arrival, 433 respecting pine boards, &c 468 concerning Mason's claim, 461 to prevent disturbance, 465 Order to constables to pay in, 472 by the Governor respecting seamen, 478 for raising money, 475 to all his Majesty's subjects 413 respecting the currency 480 for raising money without an assembly, 488 to levy and collect a Province rate, 490 for a town meeting at Hamp ton, 502 to constables to collect rates,, ..543 for liberty to Col. Waldron and Wm. Vaughan, 546 for the sick, to depose, &c 548 by the council in favor of Cranfleld 555 of the king against Cranfield,.569 of the king for hearing Vaughan's appeal, .'...571 GENERAL INDEX. 621 Order against Wm. Vaughan,. ..573 Ormond,. for Thanksgiving, 689 " " by Pres. Dudley, for holding courts 593-601 for encouragement of survey ors, &c., 600 Ordway, James, 119 338 Osgood, John, 148^ 151 Otis, Eichard, 469, 499 Oyster Bay (L. L), 120, 125 Eiver, 136, 137, 141, 2S6, passim; —petition 308, 318 Oxford 571 Pacomsickqucke,,.,,".^ 230 Page, Francis , 489, 560 Nathaniel 599 Eobert 151 Thomas 489,569 Paine, Thomas, 514 WiUi, 149, 162, 165 ; to settle bounds, &c,, 171 ; examine witnesses, 183 ; lay out line of Hampton, 194 Palmer, WiUiam, 113, 148, 150, 151 Pannaway, 58 Parks or Parke 160, 310 Michael, 507 Parker, James, 167 Eichard, 188 Widow, 152 Partridge, Mr,, 120 John, 510, 522, 630, 532, 560, 566, 569 Nehemiah (wife of), 608, 560, 569 WUliam, 521 Passaconaway, deed to Wheel wright, 56-59, 161, 174, 290 Patrick, Samuel 600 Patucket, '. * 280 Pay for entry of actions, 408 Peabody, Francis, 161 Pearse, Dan, 231 Pegwackek 320 Pegypscot, 586 Pemaquid, 3, 104, 105 Penalty for plots, treason and rebellion, 140 for not appearing, 405 Pencook, Pennecooke, Penna- quocke, Panukkog, 148, 230, 290, 584, 586 Pendleton, Brian, 198, 194, 200, 208, 218; commissioner to settle bounds, 226; select man, 228, 229, 238, 240; Capt., 244. James, 285, 292, 298 Penhallow, John 339 Penney, Henry, 487, 498 Penobscot 70 Pentucket, 57 Percival, Eichard, 162, 168 Perkinson, WUliam, 309, 561 Perkins, Abraham, of Hampton, 151, 278; juror, 415, 468*; beds taken away from, "old," 533, Caleb, 560 Ebenezer 551, 660 Humphrey 560 Isaac, 151,660 Isaiab, 458 Jacob, 551, 560, 565 James 559 Joseph, 563, 560 Peters, Hugh 123, 165 Petit Thomas, of Exeter, 133, 134, 144, 145.168,179; sar geant, 188, 199. Petition of Hampton, 165, 182 of Exeter, 168, 170, 198 of Christopher Hussey, &c.,....175 • of Bloody Point 176 of Dover 183, 185, 212, 220 of Strawberry Bank, 192, 205, 207 of John AUen, &c 211 of Portsmouth 214, 285 of General Court of Massa chusetts to his Majesty,.; 294 of Dover and Portsmouth, 299 of Oyster Eiver, 308 of Eobert Mason to the king,. ,821 of Edward Colcord, 366 of aged men to Cranfleld, 457 of Eichard Martyn 476, 502 of Wm. Vaughan in prison,. ..542 of inhabitants against Cran field 557 of inhabitants against Mason, 575 ? " Abraham Perkins, jun., elaine by ye Barboross Heathen, upon the 13th day of June, 1677." — Hamp. Town Bee. 622 GENERAL INDEX. Petition of Eev, Seaborn Cotton, 687 Peverly, John 114 Philbrick, James 659 John, 152, 242 (wife and dau.) Jonathan, 660 Thomas, 237, 368, 540, 560 Phillip, Sachem, 342-344 PhiUips, Eev. Samuel, 632 Lieut, 215 Pickering, John, 87, 111, 113; sen., 278, 479, 608, 528; Capt, constable, 529, 561, 665, 569, Thomas, 560,666 Pide-cow (vessel), 62, 63, 65, 92 Pike, Eobert Lieut,, 200, 210, 270; Capt, 299, 303 ; Maj,, 316, 317-340, 350, 859, 364, 414, Mr,, minister of Dover, 487 Pine trees for masts, 303 Pinkham or Pincom, Richard, 119, 128 Pirates, 105 Piscataquacke or Piscataqua, 1, 2, 28, 37, 45, 46, 48, 58; house at 68, 78, 81, 88, 104, 105, 106,108,115, 131, 155; river, within jurisdiction of Massachusetts, 158; court at, 159, 177, 181, 232, 247, 253 {passim), 255, 260, 263, 316, 348. Pitman, William, 310, 560 Pitt-holes to be filled 141 Plaintiff may withdraw action, 406; not appearing, 449. Planters at Hampton, first 46 Plymouth, Eng 3, 108 Council's lalst meeting, 40 Pomfret, WiUiam, 119, 128 ; to end small causes at Dover, 285; Left, 182, 186; au thorized to marry, 210, 213, 214, Popham, Francis, Sir, 6 Pormort, Philamon, 133 Porter, John, 255 Portsmouth, 84, 85, 96, 108, 208 ; name, 209, 240, 273, 285, 306, 314, 315, 328 ; rates in 1681, names, 428, Port Eoyal, 45 Potter, Chandler E,, 58-, 83, 688 Power of towns, 600 Powder for Strawberry Bank, ,,,,172 for Dover 172 Prices in 1682, 431 ; of different articles, 448. Pring, Martin, 1 Prison-keeper's charge, 392 Proclamation, death of Charles II, 582 Profane swearing, 445 Profaning the Lord's day,. ,,387, 446 Proposal of Eobert Mason, pro prietor, 475 Province of Laconia,,,, 15, 17, 28, 38 of New-Hampshire,„262, 274, &o. Laws, 382 of Maine, Grant, 10, 12, 28, 86, 98, 252, 349 Papers, original, 61-102 Eates, 399, 490 ; persons rated in Hampton, 1680, 424 ; in Exeter, 1680, 424; in Co checho, Dover Neck, and Bloody Point, 427 ; in Ports mouth, 1681, 428, Prudential affairs, 403 Puddington, Robert 113 Purrington or Purrinton, Eob ert 287,560 Pynchon, John, 310 ; councilor, 591, Q. Quakers, orders concerning, 226, 229, 234, 238, 243 ; in Do ver, 244; severe treatment of, 260, Quarter Sessions, justices at, 520 ; trial of Mr. Moodey, 621. Queen Elizabeth, 2 Quint, A, H,, "Historical Mem- oranda," 118, passim. Quit-rent, refusal to pay, 509 payable, suit for, 515 Quochecho, 118, 348 ; river, 229, GENERAL INDEX. 623 R. Eabone, Euobon, or Eawbone, George, of Exeter, 133, 144 Eadiric? 177 Kainsford, Ri,, 338 Ealeigh, Walter, Sir, 2, 49 Eand or Eann, Francis 114, 285 Mary Ann, 508 EandaU, WiUiam, 310 Eandolph, Edward, his report to CouncU of Trade, 339- 409, 466, 478, 491, 497, 544, 665; councilor, 591, Eape, 385 Eashleyghe, Tho 168 Eatcliff; , 105 Eates behind, to be' collected, 347 ; at Dover and Isles of Shoales, 366 ; making, 397 ; penalty for refusing to pay, 400 ; names of jiersons rat ed in Exeter, 1680, 426 ; in Hampton, 424; in Cochecho, Dover Neck, and Bloody Point, 427 ; in Portsmouth, 1681, 428; to support the ministry, 447 ; to be cleared, 447 ; for defraying public charges, 448; if paid in money, to be abated, 448 ; order to levy and collect, ¦ 490 ; refusal to pay by Eich ard Waldron, 496. Eawlins, James, 213 Tho., 459; Thomas, 659. Eawson, Edward, 102; Mr., 148; assist in settling Hamp ton, 150-163; Secr'y, 171, 179, 181, 183, 184, 185; to settle estate of Wm, Wal derne, 189, 196, 206, 206, 209, 211, 212 ; two hundred acres of land laid out to him, 229-252, 272, 289, 291, 301, 307, 310, 339, 411, Eayn or Eaines, Joseph, 456, 524; sheriff" and provost- marshal, 477; information against Eev, Joshua Moo dey, 483-486; oath, 498, 540 ; against Thomas Wig gins, 581. Raymond, Eaiman, or Eaymon, purser, &c., 63, 65, 72, 73, 74, 76, 81, 82 Eebellion, public, 383 ; account of, in New-Hampshire, 491- 496. Eebellious son, 385 Eedman, John, 46, 459, 489 Reed, Doct, 418 Eeid, Robert 133, 242 Eegimental meetings, 313 Eegulation of militia, 414 Eeport of king's commissioners concerning Massachusetts, ,,,258 of Lords Chief Justices, 334 of Lords of Trade against Cranfield, 569 to CouncU of Trade, 339 of Persons concerning Indians, 686 Eich, Nathaniel, Sir, 6 Eichard, 541 Eichman's or Eichmond's Isle,. ,104, 233 EickbeU, John 248 Eishworth, Edward, 133, 140, 257 Eivers Naumkeag and Piscata qua, 470 Road from Haverhill to Exeter,„187 Eobert, Earl of Warwick 6 Eoberts, John, 274; selectman of Dover, 284, 293; jury man, 489, 515, 561, Thomas, 118, 119; of Dover, 128, 487, 515-540, 561. Eobinson, David, 559 James, 528 Jonathan 559 Wm„ 234 Eoby or Eobie, Goodman, 418 Henry, of Hampton, 133, 145, 168, 170, 179 ; constable, 241, 311 ; foreman of jury, 415, 458 ; of the council, 487; juryman, 489, 540; oath of, 549. Ichabod 5o0 Eochester, 562, 571, 673 Eogers, John 102 Eichard, 100 Thomas 566 Eoper, Walter 152 Eosse, John, 1''8 Eoswell, Henry, Sir 18 Eound, John, 92 Eow or Roe, Edward, 661 Nicholas, 113, 218, 285 Thomas, 561 624 GENERAL INDEX, Eowe, Thomas, Sir, 6 Eowes, Eichard, 561 Eowley, WiUiam, 164 Rowls, Indian 66, 59 Eoyal, Port 46 Eoyall, Teag 310 Eunawit*, 56, 59; signed Wheel wright's deed, 59, RusseU, Mr. 236 Rich,, 244, 292, 299 Eutherford, Mr,, 210 Kye, 2 S. Sabbath law or lawes, 305, 347 Saco, 233 Sagadahock river, 12, 16, 17, 27, 32 37, 42, 262, 263 Sagamores, 56 Sale of land by Gorges to Mason, 41 Salem 104, 106 Salmon Falls, 470 Salisbury, committee to settle troubles, 360-352 Saltonstall, Eobt, 155 Nathaniel, Capt., 315 Eichard, Sir, 157, 175 Mr,, 161, 167, 173, 177; to keep court, &c,, 185; liber ty to sue for land, 190 ; councilor, 691, "Sameb" for James, 135, 186 Sanborne or Samborne, John, 166, 196, 278; Left, 368,, 415, 425, 560, John, jun,, 551, 559 Joseph, 560 Josiah, 659 Nathaniel, 539 Richard, 539,560 Steven, 166 William, 166, 489, 533 ; sen., 559, 566. Sanders Point, 69, 81, 95 Sanders, John, 169, 171, 177, 214 Willi, 148, 152 Sanderson, John, 459 Robt., 161 Sandy-Point 222 Sargant WiUi 148, 151 Savage, tiames, 56 Thomas, 351 Saw-pit or pitts and holes,, ,.139, 141 Sawyer, Robert, Sir, 465 Say and Brooke, 83, 106, 157 Scammon, Mr,, deeds left by,.,, .162, 163 Scarborough, 86 School-master in Dover, 234, 812 Search-warrant, 143 Seavey, Sam., 508 WiUiam, 114, 228, 286 Seconnet Brook 262 Sedition, penalty for 140 Selectmen take accounts, 397 Sellack, David 191 Senter, Henry, 561 Servants, divers lewd, 107 Service-books, 116 Severe storm and high tides, 531 Severance, John, 211 Sewall, Edward, 524 Stephen, 599 Widow, 552 Seymour, Edd., Sir, Kt, 6, 338 Seward, Jno,, 489 Soward, Robert, 133 Shapleigh, Nicholas, 157, 211, 214, 231, 365 ; attorney for Eob. Mason, 542. Sharpe, Samuel 59 Sherburne or Sherborn, Henry, 95, 111, 114, 198; to keep court, 194 ; associate, 202, 218, 228, 233, 278, 279, John, 206, 208; juryman, 489, sen,; 498, 560; jun,, 560, Capt, 532 Sarauel, 550, 652, 660 WUli 177 Sherlock, James, provost-mar- .shal, 467, 469, 477, 486, 487, 491, 496, 624, 584, 539, 541, 645, 569, 578, »To the affidavit of Wheelwright, p. 136, I add the following, cited by Hon. C, E, Potter, Hist. Manchester, pp. 18, 19 : "This deponent testittes, tliat himself with some others, who were to sit down at Exeter, did employ Edward Colcord to purchase for them, as he remembers, a certain tract of land, from Oyster Eiver to Merrimack, of the Indians, for which they gave him ten or twelve pounds in money, and had a grant thereof signed by some Sagmons, with their marks upon it, of which Eunnawit was one. bworn before the court at Hampton, ye 13 of ye 8 mc, 1663." Thos. BRADsnEY, Recorder. GENERAL INDEX. 625 Sherman, ,Iohn, 201 ; serg,, 209, Ship James, arrival, 106; an other ship arrives with cat tle, 107, Shipway, John, 560 Shire towns, 169 Shirly, Mr,, 61 Short Mr., .'. 69 Shrewsbury 108 Shurd, Abraham, 104 Shute, Col 616 Sinkler, James, 559 John 559 Simes, Zachary, Eev., 235 Skullard, Samuel 148, 151 Sleeper, Aaron, 651 Sloper, Eichard, 489 Small, Edward 661 Francis, 45, 46 Small-pox 106 Smart, Goodm,, 138 John 146, 171 Eobert, sen,, 669 Smith, Capt. John 2 one, of Salisbury 554 Bartholomew, 128 Edward, 191,459, 559 George, 168, 182, 185, 186, 188, 198, 204 James, 310 John, 310, 416, 425, 626, 669 Joseph, 152,489,559 Nathaniel, deposition 417 Eobert 133, 146, 168, 171, 178, 179 Mr., associate, 180, 458 Capt 180 SneU, George, 497 Sodomy, men tried for, 106 Soldiers at Portsmouth, 232 ; en listed, 316, 318 ; sent to Pis cataqua, 820; to be im pressed, 320. Sonter, John, prison-keeper at Hampton 547 Speedwell, ship 1 Spencer, John, 146 Thomas, 114 Squamscot, Squamscutt, or SwE&ip- scott Palls 57, 83, 84, 95, 96 Patent, 29,209,211,217 Division, 206, 221, 223, 328 Eiver, 96 ; survey, 83, 95. . Squidrayset, 104 Stamford, Ct, 125 Stanyan, Stanian, or Staniell, Anthony, 139, 145, 170, 178, 41 179; to end small causes, 181 ; 187, 215, 458, 560. John, 560 Starbuck, Edward, 128 ; is fined, 169, 186, 191 ; misdemean or of, 213, 214. Starling 33 Stealing, penalty for, 445 Stephenson, Joseph, 615, 561 Marmaduke, 234 Thomas 213,515 William, Mr 68 Stileman, Elias, Commissioner, 233, 271, 276; selectman, 285, 292, 299 ; magistratical power, 801, 304, 306, 312, 316 ; Lieut of theFort, 316; Associate, 317 ; Captain of the Fort, 819-339, 349, 366, 416, 422, 428; Councilor, 484; Deputy, 457, 467, 474, 487, 492, 502, 609, 613, 521, 631, 566. Mrs., imprisoned 531 Stinson, Jas,, 311^ Storre, Starre, Storr, Story, or x Storer, Augustine, 67, 182, 134, 135, 138, William, 123 Stoughton, Mr,, 129 Israel 159 WiUiam, Esq,, 315, 316, 319, 333 ; Councilor, 691, Strangers not to be entertained without leave, 407, Strawberry Bank, 46, 48 ; house at68, 86, 108, 110, 111, 123; bounds, 172; powder to, 172, 174 ; petition, 192, 195-200, 202, 205, 207. Stuyvesant, Peter 125 Summons, time served, 450 Sumner, Woodman, 280 Sunderland, 421,673 Surrender of the Plymouth coun cil, 40. Suret, Ph Surry, Survey of lands at Piscataqua, 88, 95. • Sutcliffe, Mathew, Sir, Dean 6 Swain, Francis, 145, 166, 171 Nicholas, 145, 166, 171, 179 Eichard 148, 161, 166, 196 William 196,242 Capt 353 626 GENERAL INDEX. Swadden, Philip 72, 128 Swett, Joseph, 551, 560 Moses, 560 Swearing, .' 887 Swine, order concerning, 139, 142 Symonds, John 114 Samuel 159, 192, 209, 232 Mr. 167, 178, 177; to keep courts, &c., 178, 180, 217, 256, 802. T. Taler, or Taylor, Henry, 113, 191 Tayler, Anthony, 152, 166, 415, 458 Tarratens, 56 Tasket, WiUiam, 516 Tebbets, or Tibut, Henry, 119, 213, 284. Jeremiah 284 Tedd, John 170 Terre-tenants meeting, 516 Testimonies from selectmen, &c., 279 Testimony to deed, by John Wheelwright, 136. See in dex " Eunawit," Thanksgiving, public, 361 Thing, Jonathan, 552, 559 Thomas, James, 810 Thompson, David 54, 109 Thomson, M,, 53 Thornton, J, Wingate, 126 Tippen, Capt, 539 Tom, Capt, 344 Tompkins, Mary 243 Tooke, John 560 Torrey, WiUiam, 196, 199, 206, 209, 210, 211, 212, 801, 310, Towle, Goodwife 417 Phillip, 559 Towns to pay charges 407 Townsend, Robert, 285 Townships confirmed, 393 Town-marks, 189 Town bounds and powers, ,,,,600,601 Trade with Indians, 139 Treachery, treason, rebellion, 140 Treason, 388 Trelawney, Mr., 168 Trerishe or Treriffe, Mr., 100 Trevore, Master, 105 Trials by jury, 395 Trickey, Thomas, 128, 177 Trimmings, Oliver .¦ 177 Susannah, 218 Tucke, Edward, 166 John, 489, 569, 560 Robert, 148, 161, 166 Tucker, Richard, 285 Tufton, John, 43, 44 Dr, Robert 44 Eobert 42,43 Tummadockyon, 185 Turpin, Thomas, 219 Tuttle, 101 John, 119, 128, 489 Twenty thousand acres patent, 83, 84, 96, Tynge, or Ting, Edward, 302 Mr,, 340 ; Councilor, 591 Jonathan, Councilor, 691 WiUie 169 u. Underhill, John, Capt 119, 120, 123, 124, 127, 130, 131, 136. Usher, John 568 Councilor, 591 V. Value of money, 481 of taxable articles, 490 Varney, Eobert 128 Vaughan, George, 37, 59, 60, 65, 66, 67, 73, 76, 81, 82, 95, 97, 113. WiUiam, 48, 369 ; of the coun cil, 374, 422, 428, 434, 453, 472, 474j carried to prison, 477 ; ^^ault by, 478-502, 518, 519 ; I^etter and Jour nal in prison, 534, 638, 539 ; Petition, 542, 646, 561, 563, 865, 571, 673; King's de cision against, 673, 677. Vessels trading, order concern ing, 464, Vines, Eichard, 69, 60 ; Mr,, 69, 86, 98, 121. Visit of King's Commissioners,. .245 Vote, near relations not, 402 casting by the President, 407 Voyage, Levitt's, Capt, 52 GENERAL INDEX. 627 W. Wache, Tho, de. Notary Pub,,,,, 31 Wadleigh, John 459, 462, 559 Jo,, 459 -Eobert, 304, 811, 469, 621, 539, 544 Wadargoscom, Indian 59 Wahangnonawit, Indian 56, 59 Wakefield, Willi, 151, 152, 160 Walcombe, Thomas, 560 WiUiam 48 Waldern, Waldron, or Walden, Eichard, Mr. ; Capt; Maj,; Col.; of Dover (;oassim); 48, 119, 126, 128, 186, 202, 207, 213, 214, 221, 222, 227 ; em powered to marry, 241 ; or der against the Quakers, 243 ; 274, 280, 284 ; his oath concerning Merrimack riv er, 290; deputy from Dover, 291; 292, 298, 299; magis tratical power, 301 ; to set tle bounds of Exeter, 303, 305, 312, 314, 816 ; commis sioner, associate, &c,, 317, 318, 319 ; to petition the king, 321, 339, 349, 359 ; let ters relating to the Indians, 854-365 ; 366, 374 ; one of the Council, 375, 422, 434, 458 ; sentences Edw'd Gove to be hung, 461 ; attached by marshal, 467 ; 474, 482, 487 ; President of the Prov ince, 492 ; order to imprison him, 496, 502; law-suits with Mason, &c,, 514, 540, 545, 561, 565, Eichard, jun,. Esq,; Col,; of Portsmouth ; 487, 498, 507, 638 ; speaker of the Assem bly, 526 ; appointed consta ble, but refuses, 526 ; 540, 645, 661, 565. William, of Dover, 126, 128, 160, 161, 162, 181 ; record er, 182; petition, 185; de ceased, 186, 188, 468, 463, Walker, Joseph 286 Samuel, 188, 143, 146, 168 Thomas, 660 WaU or WaUes, James, 114, 133, 144, 145, 170, 181 John, 113 Walford, Jeremiah, 114 Goodwife, 217 ; Jane, 218, Thomas 111,114 Walton, George 48, 133, 216 Shadrach, 539 WardeU, Thomas, 131,138, 139, 143, 144, 168, 171 WUli, 131, 183 Ward, John, 155 Thomas, 152 Warnerton or Wannerton, Mr,, of the Laconia Company, 30, 45, 48; lived in the "great house," 64, 68, 69; note concerning, 70 ; 81, 88, 90,91,98,111,113,114,117,169; assistant 160, 167, Warrant to constable of, 251 Warwick, Earl 52, 86 Bark 62, 104 Waste lands, right to, 516 Waterhouse, Eichard 560 Watchanowet, Indian 136 Watson, Eobert, 310 Way, Henry, 70 Weare, or Wear, Nathaniel, Esq,, of Hampton, Select man, 425 ; appeals from ver dict of jury, 504; answer to Mason's claim, 511 ; first complaint against Cranfield, 516 ; referred to Lords of trade, 519-688, 638, 547, 563, 570; Wm. Vaughan's letter to, 519-535, — his son Peter, 533, 660 ? Peter, his oath concerning Merrimack river, 290. Webber, Eichard, 489, 560 Webster, John, 190, 191, 193, 194 Wedgewood, David, 559 Jonathan, 554, 559 John, 152 Weeks, Leonard, 285, 489, 561 Wehannownowit 134, 135, 137 Wells, Mr 210 Thomas, 213 Welchman's Cove 578 Wenbourn, WiUia, 133, 143, 168, 171 Wentworth or Wintworth, Eze kiel, 561 Paul 561 Samuel, 489, 498, 560 William, of Exeter, 67, 69, 132, 144; selectman of Do ver, 213, 284, 293, 561. West, Admiral 9 Prancis, Capt, 52, 53 Westbrooke, John, 286 628 GENERAL INDEX. Westerne Islands, 92 Weston, M., 58 Weymouth, Capt,, 3 Whaley, Col,, 261 Wharton, Eichard, Councilor,, ,,,591 Wheelwright creek, 84, 96 Wheelwright or Wheleright, John, of Exeter, Indian deed to, 56, 57, 58, 59, 83 ; 128, 129, 130, 181 ; combi nation, 182 ; Indian deeds to, 184, 135, 136*, 146, 147 ; petition of, 164; liberty granted to, 168, 172 ; ban ish ment taken off, 174; com mended, 210 ; of Salisbury church, 350. Whiting, WiU, Mr., 155, 167, 162, 166, 186 Whittier, the poet, 242 Wiggan, Wiggin, or Wiggins, Andrew 317, 639, -559 Capt. Thomas, agent, gover nor, &c., 59, 60, 65, 83, 85, 97, 103, 105, 106, 118, 119, 137, 145, 159; assistant, 160, 168, 170, 175 ; associate to keep courts at Dover, 178, 180, 185 ; at Piscataqua, 188 ; at Salisbury and Hampton, 190, 191, 192, 194, 196, 199, 202, 208, 206, 208, 209, 217, 222, 225, 227, 232, 236, 278t, 299,521,639,559; sen., 669. Thomas, jun,, 569, 678, 679, 680, 681 WiU of Capt John Mason, 41 WiUard, Symon,„,200, 201, 289, 291 Willful burning, 385 Williams, Francis, Mr,, Gov. of Portsmouth, 110, 113, 128, 159, 161, 167, 168, 177, 178, 180. John, 114 Mathew 309 William, Earl of Salisbury, 6 Earl of Pembroke 6 Earl of Bath, 6 Williamson, J., 838 Willis, Balthazer, 171 George, 155; Mr., 157, 211. Willie, Thomas, 309 Willoughby, Francis, 273 WUson, Humphrey, 146, 179, 237, 489, 659 Henry, 1^0 Willie, 131 Thomas, 133, 144 Winchcembe, John, Mr., 599 Winachahanat or Wecohannet, Dover Neck, 118, 155, 223 WincoU, John 315 Windiet, Winget, or Wingate, John 516, 540, 661, 566 Windsor, Walter, 566 Wines or strong water, license, 139, 214, 697 Wingfield, Thomas, 162, 164 Winnecunnet or Winnecowet, Hampton, 146, 147, 148, 150, 209, 221 Winnapusseakit, Winnepesaukee Lake, 201, 290, 329 Winter Harbour, 86, 346 Winslow or Winsley, Mr., 55, 162, 165 ; Samuel, commis sioner, 194, 197, 199, 209, 210 ; to make a division of Squamscott, 217, 223 ; one Mr. Winsloe, 262 ; Gover nor, 845. Winthrop, Gov., 20, 29, 109, 160; Gov,, 169*; Jo,, 171; John, 188, 185, John Fits, of the Council, 591 Mr., Junior, 148, 150 Waite, of the Council, 691 Wite, Wight, White or Wright, Thomas, 67, 59, 132, 143, 144, 170 Witchcraft in New-Hampshire, 217, 415 ; law against 384 ; first execution for, in New- England, 219. Withers, Thomas, 114 Woden, John, 166 Wolten, Jno., 113 WoUaston or Woolaston, John, 42, 43 Woman found dead at Exeter,. ..190 Women sent over by Capt. Ma son 114 Wonalanset, Indian, .586 * See Index, " Eunawit," note, tThe elder Thomas Wiggan is believed to have died in 1667, If so, the references which follow must relate to "Thomas, dwelling in Swampscot," called " sen.," and a son, "jun." t By error " Wentworth," GENERAL INDEX. 629 Woodman, Edward, 149; Mr,, 161, John, 285, 309, 318, 515, 626, 688, 561, 564 Woodman, John, jun,, 561 Jonathan, ..561 Wormley, Ealph, 561 Woster, Mr., 228 Y. York, Maine, 86 | Yoving, John, 459, 559 County of, 233 Y'oung men to be impressed, 348 Eichard, 204, 213, 3091 z. Zouche, lid, Edward, 6( Zouche, Kt., marshal, Edward,,,, 6 3 9002 02961 ^- i.- p .<«, ' '' S l' 4Vs-"' ' ¦ ,J • - ." I - 1 I ¦ 4 'Jt-