lUBRARTOFCONfilM'SSJ ^' [FORCE COLLECTION.] g I UNITED STATES OF AMERICA. Glass —J 5O i_ MkS THE ISTORT O F NEW-HAMPSHIRE. COMPREHENDING THE EVENTS OF ONE COM- PLETE CENTURY FROM THE DISCOVERY OF THE RIVER PASCATAQUA. Br JEREMY BELKNAP, a, m, "SIEJIBEH OF THK AMt.RICAN PHILOSOPHIC AL SOC II' TY HELD At PHILADFLPHIV F.)R PROMOTING USEFUL KKOWLEDGli, AND OF THE ACADEMY OF ARTS AND SCIENCES IN MASSACHUSETTS. Tempus edax rerum^ tuque invidlo&a -vefustat Omnia dctitruiHn : vitira'/ue dcntibus oevi Paulatim lenta consumiiis omnia morte. Mac perstant. OviD. VOLUME I. <^/;v PRINTED FOR O. CrOSBY AND J. VaRNEY>B? J. Mann and J K. Kemick. 1813. p3 4- }^-\'\ I DO certify^ that on this l^th day of June^ 1784,^ Book.efitltkd, "The Hlftory of New- Hatnpfhire, Vol. I. by Jeremy Belknap," print- ed at Philadelphia, by Robert Aitken^ was enter-- ed according to Ad of AJfembly in the Pro- thofiotarys office of Philadelphia county^ by Kbrn-" ezer Hazard^ Efquire^ in behalf of the author, /. B, SMITH, Prothon. -r^ PREFACE. '»m W. HEN a new publication appears, some pre- |a(oi7 account of the reasons which led to it, and the manner in "Vvhich i: '-^^ ■ een conductecT, is generally expected. The .oTuf iie'.' F '.his history was early impelled by his natur- al cuiiyri;y to euqiiiie into the original settlement, progress, and improvement of the country which gaye him birth. When he took up his residence in New-Hampshire his enquiries were more particularij directed to that part of it. Having met with sosne valuable manuscripts which were but little known, he be- gan to extract and methodize the principal things in them ; and this employment was (to speaK. in the style of a celebrated mod- ern a'lihcr) his " hobby horse.*' The work, crude as it was, being communicated to some gentlemen, to v/hose judgment he paid much deference, he was persuaded and encouraged to go on with his collection, until the ihing became generally known, and a publication couid not decently be refused. He owns himself particularly obliged to the public officers both in this and the neighbouring state of Massachusetts, under tiie formci' as wel! as the present constitutions, for their oblig- ing attention in favouring him with the use of the public records PREFACE. ©r extracts from them. He is under eniial obligation to a num- ber of private gentiemen, who huve ei;her admitted him to their own collections of original papers or procured such for him. In the course of his enquiry he has frequently had reason to la- ment the loss of many vahiable mater'als by fire and other acci- dents : But what has pained him more severely is the inatten- tion of some persoBS in whose hantfe oris^inal papers have been, deposited, and who have suffered them to be wasted and de= stroyed as things of no value. The very great utility of a pub- lic repository for such papers un :er pro|)er regulations, has ap." peaved to him in the strongest light, and he is perstiaded that it is an object worthy the attei.lion of an enlightened iegislutuvc^ The late accurate and indefatigable Mr. Prince of Bostonj (imder whose ministry the author was educated and whose memory he shall always revere) began such a collection in his youth and continued it for above fifty veai's. By his will he left it to the care of the Old South Church, of which he was pastor, and it was deposited with a library pf ancient books in an ap-^rt- ment of their tneeting-house. To this collection, the public are obliged for some material hints in the present work, the author havinsx had frequent access to tha^ library before the commence- ment of the late war". But the use which the British troops in 1775 made of that elegant building having proved fatal to this noble collection of manuscripts ; the friends of science and of America must deplore the irrp.tripA'uMft Io-^r Hud we suffered it by thfi hands nf S AB \cENs, ihc grief had been less poignant 1 Historians have mentioned the affairs of New-Hampshire on- ly in a loose and general manner. Neale and Douglas, iho»gh frequently erroneous, have given some, hints, which by the help of original records and other manuscripts, have in this work been carefully and largely pursued. Hutchinson has said many thing* which the others have omitted ; his knowledge of the antiqui- ties of tlie country was extensive and accurate, and the public are much obliged by the publication of his history ; but he knew more than he thought proper to relate. The few publi- cations concerning New-Hampshire are fugitive pieces dictated <2y party or interest. No regular historical deduction has ever PREFACE. l4#^ appeared. The late Mr. Fitch of Portsmouth made a begin- nijig of this sort about the year 1728 : From his papers some things liave been cohected which have not been met with else- "iiere. The authorities from which information is derived are refully noted in the margin. Where no written testimonies )Uid be obtained, recourse has been had to the most authentic ■adition, selected and compared with a scrupulous aiteniion, lid with proper aliowunce for the imperfection of human mem- oiy. After ail, the critical reader will doubtless find some chasms which in such a work it would be iiuproper tofiil by the Jhelp of imaginution and conjecture. The author makes no merit of his regard to truth. To have disguised or misrepresented facts would have been abus g the reader. No person can take more pleasure in detecting mis- takes than the author in correcting them if he should have op- portunity. In tracing the progress of controversy it is impos- sible not to take a side, though w'e are ever so remote from any personal interest in it : Censure or applause will naturally follow the opinion we adopt. If the reader should happen to entertain different feelings from the writer, he has an equal right to indulge them ; but not at the expence of candor. The Masonian controversy lay so directly in the way that it could not be avoided. The rancour shewn on both sides in the early stages of it has now subsided. The present settlement is so materially connected with the general peace and welfare of the people, thai no wise man or friend to the country can at this day wish to o\ erthrow it. Mr. Hubbard, Dr. Mather and Mr. Penhallow have published narratives of the deveral Indian wars : These have been compared with the public records, with ancient manu" scripts, with Charlevoix's history of New-France, and with the verbal traditions of the immediate sufferers or their de- scendants. The particular incidents of these wars may be tedious to strangers, but will be read with avidity by the posteri- ty of those whose misfortunes and bravery were so conspicuous. As the character of a people must be collected from such a 4ri PREFACE. minute seriesj it would have been improper to have been les| particular. The writer has had it in view not barely to relate facts, but to delineate the characters, the passions, the interests and ii.m» pevs of the persons v/ho are the subjects of his narration, and to describe the most striking features of the times in which they lived. How far he has succeeded, or wherein he is defective^ must be left to the judgment of every candid recdevj to whici'. this work is most respectfully submitted. J)over^ Jzme I i 1784. dCNSfTENTg. CHAP. L Discovery of the country. Eftabufh. ment of the council of Plymouth. Their grants to Mafon and others. Beginning of the fettlements at Portfmouth and Dover. Whelewright's Indian purchafe. Neale's adventures. Difcouragenients. DifTolution of the council. Mafon's death. Caufes of the failure of his enterprize. Page 9. II. Troubles at Dover. Settlements of Exe- ter and Hampton. Story of UnderhilL Defertion of Mafon's tenants. Combina- tions at Portfmouth and Dover. Union of New-Hampfhire with MafTachufetts. 32. III. Obfervations on the principles and con- duct of the firlt planters of Newr-England. Caufe of their removal. Their religious fentiments. Fortitude. Care of their pof- terity. Juflice. Laws. Principles of gov- ernment. Theocratic prejudices. Intoler- ance and perfecutions. 54. IV. Mode of government under MafTachu- fetts. Mafon's efforts to recover the pro- perty of his anceflor. Tranfactions of the king's commiflioners. Oppofition to them. Internal tranfactions, Mafon difcouraged. 85. V. Remarks on the temper and manners of nn, CONTENT'S* the Indians. The firfl general war witli them, called Philip's war. 100. VI. Mafon's renewed efforts. Randolph's niiflion and tranfactions. Attempts for the trial of Mafon's title. New-Hampfliire feparated from Maifachufetts and made a royal province. Abflradl of the commif- fion. Remarks on it. 184. VII. The adminiftration of the firfl council. ' Mafon's arrival. Oppofition to him. His departure. State of trade and navigation. 143. VIII. The adminiftration of Cranfield. Vio- lent meafures. Infurrections. Mafon's fuits. Profecution of Moody and Vaughan. Arbitrary meafures. Complaints. Tu- mults. Weare's agency in England. Cran- field's removal. Barefoote's adminiftra- tion. 153. IX. Adminiftration of Dudley as prefident, and Androffe as governor of New-England. Mafon's further attempts. His difappoint- ment and death. Revolution. Sale to Al- len. His commiffion for the government. 184. X. The war with the French and Indians, commonly called King William's war. 195. XI. The civil affairs of the province during the admin iftrations of Ufher, Partridge, Al- len, the Earl of Bellamont and Dudley, comprehending the whole controverfy with Allen and his heirs. 231. XII. The war with the French and Indians, called Oueen Anne's war. Conclufion of Dudley'Tand Ufher*s adminiftratioa. 265, • - 1 1 -- ''- '"' •' ■' 111 I 1 ■III n il ■ M M HIJ' THE HISTORY OP NEW HAMPSHIRE. Chap: i, jytscovrry of the country. — Establishment of the Council q/ Phjmouth. — Their grajits to A'lason and others. — Begiiuiing of the settlements at Portsmouth and Dover. — lVhcleivriglit'.7 Indian fnirchase. — .Yeal's adventures. — DiscouragcTnents. — - D/H.tolution of the Council. — MasoJi'a death. — Causes of the failure of Ida erUerJirize, XT is happy for America that its dif^ covery and fettlement by the Europeans hap- pened at a time when they were emerging from a long period of ignorance and darknefs. The difcovery of the magnetic needle, the in- vention of printing, the revival of literature and the reformation of religion, had caufed a vail alteration in their views, and taught them the true ufe of their rational and active pow- ers. To this concurrence of favourable cauf^ es we are indebted for the precifion with which we are able to fix the beginning of this great American empire : An advantage of ^vhich the hiftorians of other countries almoft univerfally are deftitute ; their firft xras being either difguifed by fi(fl:ion and romance, or involved in impenetrable obfcurity. Mankind do not eafily relinquifh ancient and eftablifhed prejudices, or adopt new fy{^ t^ms of conduct, without fome powerful aw 10 HISTORY OF tractive. Tlie profpect of immenie wealtli, from the mines of Mexico and Peru, fired the Spaniards to a rapid conqueft of thofe re- gions and the deftruction of their numerous inhabitants ; but the northern continent, pre- fenting no fuch gdittering charms, was ne- 1496i gle6led by the European princes for more Prince's than a century after its difcovery. No ef- iectual care was taken to fecure to themielves the poifellion of fo extenfive a territory, or the advantage of a friendly traffic with its na- tives, or of the filhery on its co.ifts ; till pri- vate adventurers at a vail expence, with infi- nite hazard and perfevering zeal, eftablifhed fettlements for themfelves, and thereby en- larged the dominions of their fovereigns. Of the voyagers who viiited the northern coafl of America, for the fake of its furs and fifli, one of the moil remarkable was Captain 1614 Jo^^'^^ Smith ; who ranged the Ihore from Pe- nobfcot to Cape Cod, and in this route dif- covered the river Pafcataqua ; which he found to be a fafe harbour with a rocky fliore. He returned to England in one of his Ihips, and there publiihed a defcription of the country, v/ith a map of the fea-coafl, which he prefent- ed to Prince Charles, who gave it the name of vSn i ^^^"^ w-E N GLAND. The other (liip he left be- hind under the care of Thomas Hunt, who decoyed about twenty of the natives on board and fold them for flavcs at Malaga. This perfidious action excited a violent jealoufy in the natives, and bitterly enraged them againfl fucceeding adventurers. Two of thofe fav- ages having found their way back as far as Newfoundland, then under the government of Captain John Mafon, were reftored to their NEW-HAMPSHIRE. 1*1 native country by his friendly interpofition, 1614. and reported the llrong difapprobation, which the Engliih in general entertained of the mif- chievous plot by which they had been car- ried off. By this means, together with the prudent endeavours of Captain Thomas Dor- jj^,y^,^-, mer, and afterward of the Plymouth fettlers, ri'-'t^-i. tranquility was re-eftabliflied between the ofSroui> Indians and the adventurers, v/hich was tol- i;-'^^ithi!io „ . , XT Indians, p. crably preferved lor m.any years. Hov^' ever g fond we may have been of acculing the In- dians of treachery and infidelity, it muft be confeffed that the example was firfl fet them by the Europeans. Had we ahvays treated them with that juftice and humanity vvdiich our religion inculcates, and our true interefl at all times required, we might have lived in as much harmony with them, as with any other people on the globe. The importance of the country now be- 1620. gan to appear greater than before, and fome meaflires were taken to promote its fettle- m-ent. A patent had been granted by King James in 1606, limiting the dominion of Vir- ginia, from the thirty-fourth, to the forty- fourth degree of northern latitude ; which extent of territory had been divided into two parts, called North and South Virginia. The latter was ailigned to certain noblemen, knights and gentlemen of London, the for- mer to others in Briilol, Exeter and Plym- outh.t^'^Thofe who were interefted in the Gorges' northeriTcolony, finding that the patent did not fecure them from the intrufions of oth- ers, petitioned for an enlargement and con- firmation of their privileges. After fome jj-q,. 3^ time, the king, by his fole authority, confti- '1^ HISTORY OP MS Copy 4n Super. 1620. tuted a council, confillmg of forty noblemen^ ' knights and gentlemen*, by the name of " The comicil eflablifhed at Plymouth, in the " county of Devon, for the planting, ruling " and governing of New-England, in Ameri- " ca." They were a corporation with perpet- court files, ^^i fucceffion, by eledlion of the majority ; and their territories extended froin the for- tieth to the forty-eighth degree of northern latitude. This patent, or charter, is the foun- dation of all the grants that were made of the country of New- England. But either from the jarring interefhs of the members, or their indiftinqo ed an alarm among the fcattered fettlements as far as Pafcataqua. This man had, in de- fiance of the king's proclamation, made a pra^ftice of felling arms and ammunition to the Indians, whom he employed in hunting and fowling for him ; fo that the Englifh, feeing the Indians armed in the woods, be- gan to be in terror. They alfo apprehended danger of another kind ; for Morton's plan- tation was a receptacle for difcontented fer- vants, whofc defertion weakened the fettle- ments, and who, being there without law, were more formidable than the favages them- felves. The principal perfons of Pafcataqua therefore readily united with their neie:h- ^""cj^'s bours, m maknig application to the colony 1629. May 17. i6 iilSTORY OF 1628. of Plymouth, which was of more forcfe tliaj^ all the reil, to put a flop to this growing mif- chief ; which they happily efFecfted by feiz- ing Morton and fending him prifoner to England. Some of the fcattered planters in the Bay of MafEichufetts, being delirous of making a fettlement in the neighbourhood of Pafcata- qua, and following the example of thofe at Plymouth, who had purchafed their lands of the Indians, which they confcientioufly thought neceffary to give them ajuft title, pro- cured a general meeting of Indians, at Squam- fcot falls, where they obtained a deed from PafTaconaway Sagamore of Penacook, Run- naawitt of Pantucket, Waliangnonawit of Squamfcot, and Rowls of Newichwannock : wherein they express their * defire to have ' the Englifh come and fettle among them a^ * among their countrymen in Mallachufetts, 'whereby they hope to be ftrengthened- ' againil their enemies the Tarrateens ; and '' accordingly njo'ith the uuiverfal confent of their ^fuhjeEls^ for what they deemed a valuable con- ' fideration in coats, fliirts and kettles, fell to ' John Whelewrightof the MafTachufetts Bay, ' late of England, minifter of the gofpel, Au- *gufline Story [or Storer] Thomas Wight, * William W^entworth, and Thomas Leavit, " all that part of the main Land bounded by " the river Pafcataqua and the river Merri- " mack, to begin at Newichwannock falls in " Pafcataqua river aforefaid, and down faid *' river to the fca ; and along the fea-lhore to " Merrimack river ; and up faid river to the *' falls at Pantucket ; and from thence upon a ** northwefl line^ twenty Engliih miles into NEW-HAMPSHIRE. 17 *' the woods ; and from thence upon a flrait 1629. " line norcheaft, till it meet with, the main ''rivers that rmi down to Pantucket falls, " and Newichwannock falls aforefaid* ; the " faid rivers to be the bounds from the thwart " or head line to the aforefaid falls, and from "thence the main channel of each river to " the fea to be the fide bounds ; together with " all the illands within the faid bounds ; as " alfo the ifles of flioals fo called." The con- ditions of this grant were, ' that Whelewright ' fliould within ten years, begin a plantation ' at Squamfcot falls ; that other inhabitants ' fliould have the fame privileges with him ; ' that no plantation ihould exceed ten miles ' fquare ; that no lands fliould be granted ' but in townfliips ; and that thefe fhould be * fubjeil to the government of the MafTa- * chufetts colony, until they fhould have ' a fetded government among them- ' felves ; that for each townfhip there fhould * be paid an annual acknowledgment of" one " coat of trucking cloth," to PafTaconaway the * chief Sagamore or his fucceflbrs, and two * bufhels of Indian corn to Whelewright and ' his heirs. The Indians referved to them- * felves free liberty of fifhing, fowling, hunt- 'ingidid planting within thefe limits.' The ]^scopy principal perfons of Pafcataqua and the prov- coun' fiic*. ince of Maine were witnefles to the fiibfcrib- ing of this inflrument, and giving pofTefTion of the lands. By this deed the Englifh inhabitants with- in thefe limits obtained a right to the foil * Tae N\V line here desciihed wiilend within the township of Amherst ; and the NE line from thence will cross the river Me rrirnaek about AmT'siieag falls, and ps-ing through Chester, Nottingham, Barringtojis».n-l r.oches;-?r, v.';:l Etijl^e Ns' vlcljwannock river abont ten miles above the Salmon falls. C 18 fellSTORY OF 1629. from the original proprietors, more valuable ill a moral view, than the grants of any Eu- ropean prince could convey. If we fmile at the arrogance of a Roman Pontiff in aifum- ing to divide the whole new world between the Spaniards and Portuguefe, with what conlillency can we admit the right of a king of England, to parcel out America to his fubjecls, when he had neither purchafed nor conquered it, nor could pretend any other title, than that fome of his fubjedls were the ffirft Europeans who difcovered it, while it was in pofTeilion of its native lords ? The only validity which fuch grants could have in the eye of reafon was, that the grantees had froin their prince a permifTion to negotiate with the pofTefTors for the purchafe of the foil, and Nov. 7. thereupon a power of jurifdidlion fubordi- nate to his crown. The faine year Captain Mafon procured a new patent, under the common feal of the council of Plymouth, for the land " from the " middle of Pafcataqua river and up the fame " to the farthefl head thereof, and from thence '' northweflward until iixty miles from the " mouth of the harbour were finiihed ; alfo " through Merrimack river, to the farthell " head thereof, and fo forward up into the " land weftward, until (ixty miles were finilh- Ms^in files t< gj . ^^^^ froiii theuce to crofs over land to Court. " the end of die iixty miles accounted from " Pafcataqua river ; together with all iilands "within five leagues of the coaft." This tracl of land was called New-Hampshire: It comprehended the whole of Whelewright's purchafe ; and unlefs Mafon's intention was to fruflrate his title, it is diflicult to ailign a NEW-HAMPSHIRE. 19 reafon for the procurement of this patent, as 1629. the fame land, with much more, had been granted to Gorges and Mafon jointly, {even years before. If there was an agreement be- tween them to divide the province of Laco- nia, and take out new patents from the coun- cil, in preference to the making a deed of par- tition ; it is not eafy to conceive why the weilern boundary fliould be contracted to Gorges' fixty miles from the fea, when the lakes and History of river of Canada were fuppofed to be but 48"^"*^' ' ' ninety or an hundred miles from Pafcataqua. If this grant was intended as an equivalent for the patent of Mariana, which the coun- cil had the preceding year included in their deed to the MalTachufetts company ; it is im- pcilible to account for the exteniion of New- Hampfhire to the river Merrimack, when the grant of MafTachufetts reached to " three miles ] qqq " north of that river and of every partof it*\" March ik The weft country adventurers were not lefs attentive to their intereft ; for in the fol- lowing fpring they obtained a patent from the council whereby " all that part of the " river Pafcataqua called or known by the " name of Hilton's Point, with the fouth fide * Air. Hubbard in his MS 1iistoi7 says " it hath been affirmed by Mr. Josselyn, who first came over into New-England on Capt. Mason's account, that there was an ap;reement made between Mr. Mathew Cradock (the first ^"'} ^• Governor of tiie Massachusetts compar^y) and Captain John Mason, that the bounds of the iVlassachusetts should reach to three mites rurfhtvarJ of the Mt-r- rimsck, and the remainder of the land betwixt that line and Pascataqua river, should be left for Captain Mason's patent." The commissi iners sent by Charles IJ in 1664, report that " Mr. Mason had a patent for seme land abmut Cape Anne before the Massachusetts had their first patent ; whereupon Capt:dn Mason and Mr. Cradock agreed that the j\Tassachusetts should have that land, which was granted to Capt. Ma- son about Cape Anne, and Capt. Mason should have that land -which -wjs 6e- yond A'lcrrimcck anJ granted to the Mjssdchuselts. This a>:^reement was sent to Mr. Henry Jocelyn to get recorded at Boston, but before he could have leisure to go there he heard t'.iat Capt. Mason was dead and therefore went hot. Of this he made affidavit, before the commissioners." Hutch. C(^ lection Papers, p. 423. 20 HISTORY OF 1630, "of the faid river up to the falls of Squam- " fcot, and three miles into the main land " for breadth," was granted to Edward Hilton. This patent, fealed with the common feal of the council, and fubfcribed by the Earl of Warwick, fets forth, that Hilton and his alTo- ciates had at tht'ir own proper cofl and charg-^ es tranfported fervants, built houfes and planted corn at Hilton's Point, now Dover, MS Copy and intended the further increafe and ad-* tarj offlct vancement of the plantation. William Black- flone, V/illiam Jefferies and Thomas Lewis 1631. or either of them, were impowered to give poffefTion of the premifes ; which was done by Lewis and the livery and feizin endorf- ed. Within thefe limits are contained the towns of Do\ er, Durham, and Stretham, with part of Newlngton and Greenland. It was commonly called Squamfcot patent, but fome- times Bloody-point patent, from a quarrel betv/een the agents of the two companies about a point of land in the river which was convenient for both ; and there being no government then eftablillied, the controver- liiibbard'i iV -■ ould have ended in blood, if the con- Alb. •" ^ tending parties had not been perfuaded to lefer the decifion of it to their employers. The London adventurers alfo thought it prudent to have fome fecurity for the inter-* Novem. 3- ^fj. -^j^j^^}^ they 1: ad advanced, and according- ly obtained a grant from the council, ot Hutch, vol. " that part of the patent of Laconia, on which »p-3i6. «^-j^g buildings and filt-works were ere(5led, " fituate on both fides the harbour and river " of Pafcataqua to the extent of five miles "weflward by the fea-coaft, then to croft " over towards the other plantation in the ts^EW-IIAMPSHlRE. 21 ^" hands of Edward Hilton." The grantees 163 L named in this patent* were, Sir Ferdinando Gorges, Captain John Mafon, John Cotton, Henry Gardner, George Griffith, Edwin Gay, Thomas Warnerton, Thomas Eyre and Elie- zer Eyre, who, it is faid, had already ex- pended three thoufand pounds in the under- taking. They were to pay forty-eight pounds per annum by way of acknowledgment to the prefident and council, if demanded. Cap- jj^bbard'a tain Comocke, a relation of the Earl of War- ms. wick, with Henry Jocelyn, who were then intending a voyage here were appointed to put the grantees in pofTeffion. Within this patent are comprehended the towns of Portf- mouth, Ne wcaftle and Rye, with part of New- ington and Greenland. The whole interefb being thus divided into two parts. Captain Thomas Wiggen was ap- pointed agent for the upper, and Captain Walter Neal for the lower plantation ; with j^g iqu^i^, him were aflbciated Ambrofe Gibbons, George Vaughan, Thomas Warnerton, Humphrey Chadbourne and one Godfrie as fuperinten- dants of the feveral bulineiTes of trade, fifhe- ry, falt-making, building and hufbandry. Neal relided at Little-Harbour with Godtrie %vho had the care of the fifhery. Chadbourne built a houfe at Strawberry-bank, which was called the great hoiife^ in which Warnerton re- iided. Gibbons had the care of a faw-mill, and lived in a palifaded houfe at Newich- wannock, where he carried on trade with the ■* Mr. Hubbard says, that this patent was in the hands of soine gentlemen at Portsmouth when he wrote. I have seen no eojiy of it but wliat is pre- ser\'ed in his MS history. There is amon^J' the ancii^nt files in the Recor- der's office, an invoice of goods sent over i!> 1631, subscribed by all the above nanies; except ths last, in whose stead is subscribed Willium Gyle.s. 22 HISTORY OP 1631. Indians. He afterward removed to Sander V point, where the adventurers gave him a fet- tlement for his faithful fervices. He was fucceeded at Newichwamiockby Chadbourne, whofe polterity are perfons of principle fig- ure and intereft there at tliis day. The pro- prietors were alfo careful to provide for the defence of their plantations, and fent over fev- eral cannon wliich they diredled their agents to mount in the moft convenient place for a fort. They accordingly placed them on the northeaft point of the Great-Ifland at the mouth of the harbour, and laid out the MS in the ground "about a bow-ihot from the water- fiies. "fide to a high rock, on which it was in- "tended in time to build the principal fort." A great part of Captain Neal's errand was to penetrate the interior part of the province Gor es' ^^ Lacouia, concerning which the adventur- History of ers had formed very fanguine expe6lations. ^menc-i, j^ ^^^ dcfcribed as containing divers lakes, and extending back to a great lake and river in the country of the Iroquois. This river was faid to be fair and large, containing ma- ny fruitful illands ; the air pure and falubri- ous ; the country pleafiint, having fome high hills ; full of goodly forefts, fair vallies and fertile plains ; abounding in corn, vines, chef- nuts, walnuts, and many other forts of fruit ; the rivers well ftored with filh, and environ- ed with goodly meadows fnll ot timber-trees. In the great lake were faid to be four iflands, full of pleafant woods and meadows, having great fl;ore of flags, fallow-deer, elks, roer bucks, beavers and other game, and thefe iflands were fuppofed to be commodioufly fituated for habitation and traffic, in the NEW-HAMPSHIRE. 23 midft of a fine lake, abounding with the mod 1631, dehcate filh. No one who is acquainted with the interior part of the country in its wilder- nefs ftate, can forbear fmiling at this roman- tic defcription, penned in the true flyle of adventurers : yet fuch an impreflion had the charms of Laconia made on the minds of our firfl fettlers, that Neal let out on foot, in company with Jocelyn and Darby Field, to i/^o« difcover thefe beautiful lakes, and fettle a trade with the Indians by pinnaces, imagin- ing the diflance to be fliort of an hundred miles. In the courfe of their travels, they vifited the white mountains, which they de- fcribed in the fame romantic ftyle, to be a ridge, extending an hundred leagues, on which fnow lieth all the year, and inaccefli- ble but by the gullies which the diffolved ^[^ fnow hath made : on one of thefe mountains New-Eng* they reported to have found a plain of a day's journey over, whereon nothing grows but rnofs ; and at the further end of this plain, a rude heap of mafTy (tones, piled up on one ano- ther a mile high ; on which one might afcend from Hone to flone, like a pair of winding flairs, to the top, where was another level of about an acre, v/ith a pond of clear water. This fummit was faid to be far above the clouds, and from hence they beheld a va- por like a vail pillar, drawn up by the fun- beams, out of a great lake into the air, where it was formed into a cloud. The country beyond thefe mountains northward, was faid to be " daunting terrible," full of rocky hills, as thick as mole-hills in a meadow, and clothed with infinite thick woods. They had great exped;acion of finding precious ftones M laisTOkY o? 1632. Hubba rd's MS Hist. Corgea' History of An.erica, p. 48. November. Priiice's Annals, vol. 2. p. 73. 83 1633. on tliei*e mountains ; and fome thing refem- bling chryflal being picked up, was fufEcient to give them the name of the Chrystal- HiLLS. From hence they continued their route in fearch of the lake ; till finding their provifion almoft fpent, and the forefts of La- conia yielding no iupply, they were obliged to return when they fuppoied themfclves fo far advanced, that " tiie difcovery wanted " but one day's journey of being finiihed*.'* This expedition, being ended, was fiicceed- ed by one of another kind. The coaR was alarmed by the report of a pirate, one Dixy Bull ; who with fifteen others, being employ- ed in the Indian trade at the eaflward, had taken feveral boats and rilled the fort at Pe~ maquid. Neal, in conjuncftion with the oth- ers, equipped four pinnaces and fhallops, manned with forty men, being all the force that both plantations could fpare who, being joined by twenty more in a bark from Bof- ton, proceeded to Pemaquid ; but contrary winds and bad weather obliged them to re- turn without meeting the pirates, who made their way farther to the eaflward, and at length got to England ; where Bull met with his deferts. The company on their return hanged, at Richmond's ifland, an Indian who had been concerned in the murder of an Englifhman. The next year Neal and Wiggen joined in furveying their refpe(5live patents, and lay- ing out the towns of Portfmouth and North- *Mr. HiibKitd, and aftor ]y.m Governor Hntcninson, place tiiis dhcovery of the White Hiils in 1642. But as Neal had positive orders to discover the lakes, and tarried but three years in the country, employing great part of bis time in searching the woo-'Js. it is probable that Mv. Hubbard ni.'stooU ovz fig-ure in his da??. NEW-HAMPSHIRE. 25 am, and another which was called Hampton, 1633. thovigh no fettlement had been made there. They alfo agreed with Whelewright that the plantation which he had undertaken to make at Squamfcot falls, Ihould be called Exeter ; and determined the bounds between his land and theirs. This furvey was made by order of the company of Laconia, who gave names to the four towns, and the tranf- ^s in Re. adlion was duly reported to them : foon af- Jf^^*"'® ter which Neal returned to England. From a number of letters that pafTed be- tween the adventurers and Gibbons their fac- tor, and which are yet preferved, it appears that their views were chiefly turned toward the difcovery of the lakes and of mines ; the cultivation of grapes, and the advantages of trade and fifhery ; and that little regard was had to agriculture, the fureft foundation of all other improvements in fuch a country as this. They often complain of their expen- ces, as indeed they might with reafon ; for they had not only to pay wages to their col- onifts, but to fupply them with proviiions, clothing, utenlils, medicines, articles of trade, implements for building, hufbandry and hill- ing, and to flock their plantations with cat- tle, fwine, and goats. Bread was either brought from Englandin meal,or from Virgin- ia in grain, and then fent to the wind-mill Annafs,^ at Boflon, there being none eredled here. Ve- g^' ^^f- ry little improvement was made on the lands ; the lakes were not explored ; the vines were planted but came to nothing ; no mines were found but thofe of iron, and thefe were not wrought ; three or four houfes only were built v/ithin the firfl feven years ; the peltry D 26 HISTORY OF 1633, trade with the Indians was of fome vahie^ and the fifhery ferved for the fupport of the inhabitants ; but yielded no great profit to the adventurers, who received but inade- quate returns in lumber and furs. They faw their intereft finking apace, and grew difpi- rited ; and the major part of them either re- linquiihed the deiign, or ibid their fhares to Malbn and Gorges, who vv^ere more fanguine than the refl, and became (either by purchafe or tacit confent of the others) the principal, if not fole proprietors. 1 hefe gentlemen re- newed their exertions with greater vigour, fent over a freih fupply of fervants, and ma- terials for carrying on the fettlement, and ap- pointed Francis Williams their governor. He 16o4. ^rv^s a gentleman of good fenfe and difcretion ; and fo very acceptable to the people, that when they combined in a body politic they continued him at their head. HubhM I's "The charter by vs^hich the council of Ply m- M^ Hist, outh was eflablifhed, had been from the be- 1635. ginning difrelifhed by the Virginia compa- ny y who fpared no pains to get it revoked. Their applications to the king proved fruit- lefs ; but when the parliament began to en- quire into the grievances of the nation, this patent was complained of as a mouopoly. Sir Ferdinando Gorges, being fummoned, ap- peared before them, and both in perfon and by his council defended it in a mafterly man- Narrative. Her, but luvam ; lor when the national priey^ p. 22 & 44. j^j^j^gg ^vere prefented to the throne, the pa- tent of New-England was the firlh The council alfo had got into difrepute w4th the high-church party, for having encouraged tjie fettlement of the Plymouth and Maifa- NEW-HAMPSHIRE. 27 chufetts colonifts, who fled from their perfe- 1635* cutions. Thefe prejudices againfl diem, ope- rating as difcouragements to their undertak- ing, induced the council to refign their char- ter to the king ; having previoufly taken care to fecure fome portion of the expiring inter- ell to fuch of themfelves as were difpofed to accept it. The fcheme they had in view was to divide their territory into twelve provinces, under as many proprietary governors, fub- jedl to one general governor ; and they went fo far as to nominate Gorges, then threefcore years of age, for the perfon, and build a ihip of war, which was to bring hirn over and re- main in the fervice of the country. But the fhip fell and broke in the launching ; and their projedl not being falEciently attended JJ^HiVt' to by thofe in power, they were obliged to be content with fuch grants as they could make of thofe diflridls, into w^hicli they had divided the country. That which was now made to Mafon comprehended both his for- mer patents, extending from Naumkeag to Pafcataqwi, and iixty miles northweilward within the land, together with the fouth half of the Ides of Shoals, and ten thoufand acres at Sagadahock ; fiving to thofe already fet- tled within thefe limits, the property of their lawful grants on paying "fome fmall ac- Files of the " knowiedgment" to the proprietor. This s^p-^^""^*- grant was dated the twenty-fecond of April*. Hubbard's In June following, the council furrendered ^^^ ^'^*- their charter to the king ; and in September * Whetlter Captain ATasonl-.ad his tide co'ifirmee court mention him as " a man of ill nanie 915^ " f^me, infamous fyr incantineney." Lib. A. Sept^ ^th, 164S. Exeter 30 HISTORY OF 1638. Bollon*, they , formed diemfelves into a;- church ; and judging themfelves without the jurifdidiion of MafTachufetts, they combin- ed into a feparate body politic, and chofe rul- ers and aflillants, who were fworn to the due Rtwds. difcharge of their office, and the people were as folemnly fworn to obey them. 7 heir rulers were Ifaac Groffe, Nicholas Needham, and Thomas Wilfon ; each of whom contin- ued in office the fpace of a year, having two affiftants. The laws were made in a popular alfembly and formally confented to by the rulers. Treafon, and rebellion againfl tlie king, (who is ftyled "the Lord's anointed") or the country, w^ere made capital crimes ; and fedition was punifliable by a fine of ten pounds, or otherwife, at the difcretion of the court. This combination fubfifted three years. About the fame time a plantation was formed at Winnicumet, wdiich was called Hampton. The principal inducement to the making this fettlement was the very exten- five falt-marfli, w^hich was extrem.ely valua- . ble, as the uplands were not cultivated fo as to produce a fufficiency of hay for the fup- port of cattle. With a view to fecure thele meadows, the general court of Maffachufetts had [in 1636] empow^ered Mr. Dummer of Newbury, with John Spencer, to build an -idT" ^^' i^^"^i^e there at the expence of the colony, -which v/as to be refunded by thofe whp * The rami's of those w!io were thus dismissed were, Tcilm Whclewrif^ht, Christopher Maishnil, Richard Merrjs, Gcorj;;e Baytes, Ricl:ard Bu! (J^osto:- Ckmch Records:) NEW-HAMPSHIRE. 3*7 iliould fettle there. Accordingly an houfe 1638. was built, and commonly called the Bound- houfe ; though it was intended as a mark of poiTeifion rather than of limits. The archi- tect was Nicholas Ealloft, who foon after re- century' ' moved to Rhode-Ifland, and built the firll Sermon, p. 93« Englifla houfe in Newport. This entrance being made, a petition was prefented to the court by a number of per- ms of MrV fons, chiefly from Norfolk in England, pray- ^'^'^"'■ ing for liberty to fettle there, which was granted them. They began the fettlement ^X%^? by laying out a townfliip in one hundred and s, lesa. forty-feven fliares ; and having formed a church, chofe Stephen Batchelor for their minifler, with whom Tinaothy Dalton was foon after aflbciated. The number of th^ firll inhabitants was fifty-fix*. The authority of Maffachufetts having ef- tablilhed this fettlement, they, from the be- ginning, confidered it as belonging to their colony. Though the agent of Mafon's eftate ms Ttt^a- made fome objedlion to their proceeding, yet 1'^°"^"^^^ no legal method being taken to controvert files, this extenfion of their claim, the way was pre- pared for one If ill greater, which many cir- cumflances concurred to eftablifh. After the death of Captain Mafon, his wid- ^^^^ ^^^^ ow and executrix fent over Francis Norton son's Let- as her " general attorney ;" to whom fhe Ms'nepo- committed the whole management of the ef- sup."court fiks. * Some of their names are mentioned in the Court Records, viz> Stephen Batchelor, Thomas Molten, Christoplier Hussey, William Estow, Mary Hussey, widow, William Palmer, Thomas Cromwell, William Sergeantj, Samuel Skullard, Ric'iard Swaync, John Os j^ood, William Sander^ Samuel Greenfield. Robert IMcke, John Molton. John Cross. ss HISTORY OF 1638. tate. But the expence fo far exceeded the in- come, and the fervants grew fo impatient for their arrears, that Ihe was obliged to relin- quiih the care of the plantation, and tell the fervants tliat they nfull Ihift for themfelves. Upon which they ftiared the goods and cattle, Norton drove above an hundred oxen to Bof- ton, and there fold them for twenty-five pounds fterling per head, which it is faid was the current price of the bell cattle in New- England at that time. Thefe were of a large breed, imported from Denmark, from whence Mafon had alfo procured a number of men ikilied in fawing planks and making potafh- es. Having Ihared the ftock and other ma- terials, fome of the people quitted the plan- tation ; others of them tarried, keeping pof- feifion of the buildings and improvements, which they claimed as their own ; the houf- -es at Newichwannock were burned j and thu§ Mafon's eftate was ruined. Thefe events hapr p^ned between 1638 and 1644. Among the Antinomians who were banifli- TSttbTxivd's ed from Boilon, and took refuge in thefe MS Hist. pi^^j^tjj^-iQjis, was Captain John Underhill, in whofe flory will appear fome very flrong charadleriflics of the fpirit of theie times. He had been a foldier in the Netherlands, and was brought over to New-England by Governor Winthrop, to train the people in military difcipline. He ferved the country in the Pequod war, and was in fuch reputa- tion in the town of Bofton, that they had chofen him one of their deputies. Deeply tindured with Antinomian principles, and poflefTed of an high degree of enthufiafm, he made a capital figure in the controverfy ; be- Prince*s Annals, MS. NEW-HAMPSHIR^r 39 ing one of the fubfcribers to a petition in 1638<, which the court was cenfnred, with an inde- cent feverity, for their proceedings againfl Whelewright. For this offence he was dif- franchifed. He then made a voyage to Eng- land ; and upon his return petitioned the 1637, court for three hundred acres of land which had been promifed him for his former fer- vices, intending to remove after WhelewrighL In his petition he acknowledged his offence in condemning the court, and declared " that " the Lord had brought him to a fenfe of " his fin in that refpedl, fo that he had been " in great trouble on account thereof." On this occafion the court thought proper to queflion him concerning an offenfive expref- fion, v/hich he had uttered on board the fhip in which he came from England, *' that the " government at Boflon were as zealous as " the fcribes and Pharifees, and as Paul before " his converfion." He denied the charge, and it was proved to his face by a woman who was pafFenger with him, and v/homhe had en- deavoured to feduce to his opinions. He was aifo queftioned for what he had faid to her concerning the manner of his receiving af~ furance, which was " that having long lain "ur^dcr a fpirit of bondage, he could get no *' affurance ; till at length as he was taking a " pipe of tobacco, the fpirit fet home upon " him an ablolute promife of free grace, with " fuch affurance and joy that he had never " fince doubted of his good eflate, neither " fhould he, whatever fins he might fall in- " to." This he would neither own nor de- ny ; but objedled to the fufficiency of a fin- gle teflimony. The court committed him Nov. 15tl^ 40 HISTORY OF 1638* for abufing them with a pretended retraclion, and the next day pafled the lentence of ban- ifliment upon him. Being allowed the liber- ty of attending public worlhip, his enthuii- aftic zeal brake out in a fpeech in which he en- deavoured to prove " that as the Lord was " pleafed to convert Saul while he was per- " fecuting, fo he might manifeil himfelf to " him while making a moderate ufe of the " good creature tobacco ; profeffmg withal " that he knew not wherein he had deferv- " ed the cenfure of the court." The elders' reproved him for this iriconfiderate fpeech ; and Mr. Cotton told him, " that though God " often laid a man under a fpirit of bondage " while walking in lin, as was the cafe with " Paul, yet he never fent a fpirit of comfort " but in an ordina^^ce, as he did to Paul by " the miniftry of Ananias ; and therefore " exhorted him to examine carefully the rev- " elation and joy to which he pretended.'* The fame week he was privately dealt with on fufpicion of adultery, which he difre^- garded ; and therefore on the next fabbath was quelHoned for it before the church ; but the evidence not being fufEcient to convidl him, the church could only admoniili him. Thefe proceedings, civil and ecclefiaftical, being finifhed, he removed out of their jurif- didlion ; and after a while came to Dover, where he procured the place of governor in the rooin of Burdet. Governor Winthrop hearing of this, wrote to Hilton and others of this plantation, informing them of his chara6ler. Underbill intercepted the letter, and returned a bitter anfwer to Mr. Cotton ; and wrote another letter full of reproaches i^EW-HAMPSHlREt 41 ^gainfl the governor to a gentleman of his 1639« family, while he addrefTed the governor him- felf in a fawning, obfequious ftrain, begging an obliteration of former mifcarriages, and a bearing with human infirmities. Thefe letters were all fent back to Hilton ; but too late to prevent his advancement. Being fettled in his governitient, he pro- cured a church to be gathered at Dover who chofe Hanferd Knollys for their minifter. He had come over from England the year before ; but being an Anabaptiil of the An* tinomian caft, was not well received in Maf- fachufetts, and came here while Burdet was in office, who forbad his preaching ; but Un- derhill, agreeing better with him, prevailed to have him chofen their minifter. To in- gratiate himfelf with his new patron, Knollys wrote in his favour to the church in Bofton ; ftyling him " The right worfhipful their honoured governor." Notwithftanding which they cited him again to appear before them ; the court granting him fafe condudl. At the fame time complaint was made to the chief inhabitants on the river, of the breach of friendfhip in advancing Underbill after hi& rejection ; and a copy of Knollys's letter was returned, wherein he had written that " Un- " derhill was an instrument of God for their " ruin," and it was enquired whether that letter was written by the defire or confent of the people. The principal perfons of Portf- mouth and Dover difclaimed his mifcarriag- es, and exprelFed their readinefs to call him to account when a proper information fliould be prefented ; but begged that no force might be fent againft him. By his inftiga- 4^ HISTORY OF 1639. tion Knollys had alfo written to his fiiends in England, a calumnions letter againfl the Maflachufetts planters, reprefenting them as more arbitrary than the high-commiffion court, and that there was no real religion in the country. A copy of this letter being fent from England to Governor Winthrop, Knollys was fo afhamed at the difcovery, that obtaining a licence, he went to Bofton ; and at the public le(5lure before the gover- nor, magiftrates, minifcers and the congrega- tion, made confeiTion of his fault, and wrote a retradlion to his friends in England, which he left with the governor to be fent to themv Underbill was fo affecled with his friend's humiliation, and the difaffedlion of the peo- ple of Pafcataqua to him., that he refolved to retrieve his character in the fame way. Having obtained fafe conduct, he went to Bofton, and in the lame public manner ac- knowledged his adultery, his difrefpedl to the government and the juftice of their pro- ceedings againft him : But his confefTion was mixed with fo many excufes and exten- uations that it gave no Satisfaction ; and the evidence of his fcandalous deportment being now undeniable, the church pafTed the fen- tence of excommunication, to which he feem- ed to fubmit, and appeared much dejected while he remained there. Upon his return, to pleafe fome difafFe(5l- ed perfons at the mouth of the river, he fent thirteen armed men to Exeter to refcuo out of the officer's hand one Fifli, who had been taken into cuftody for fpeaking againil the king. The people of Dover forbad his coming into their court till they had confid- NEW-HAMPSHIRE. 43 ered his crimes and he promifed to refign 1639. his place if they fhould difapprove of his eondu6l ; but hearing that they were deter- mined to remove him, he ruflied^ito court in a pallion, took his feat, ordered one of the magiilrates to prifon, for faying that he would not {it with an adulterer, and refufed to receive his difmiHion, when they voted it. But they proceeded to chufe another gover- nor, Roberts, and fent back the prifoner to Exeter. A new fcene of difficulty now arofe. 1640.. Thomas Larkham, a native of Lyme in Dor- fetihire and formerly a minifter at Northam near Barnllable, who had come over to New- En^and, and not favouring the doclrine, nor willing to fubmit to the difcipline of the churches in MaiHichufetts, came to Dover ; and being a preacher of good talents, eclip- fed Knollys, and raifed a party who deter- mined to remove him. He therefore gave way to popular prejudice, and fufFered Lark- ham to take his place ; who foon difcovered his licentious principles by receiving into the church perfons of immoral charadlers, and alTuming, like Burdet, the civil as well as eccleiiaftical authority. The better fort of the people were difpleafed and reflored Knollys to his office who excommunicated Larkham. Ttiis bred a riot in which Lark- ham laid hands on Knollys, taking away his hat on pretence that he had not paid for it 5 but he was civil enough afterward to return - it. Some of the magiflrates joined with Larkham, and forming a court, fummoned Underhill, who v/as of Knollys's party to appear before tjhem, and anfwer to a ne\Y 4i HISTORY OF 1640. crime which they had to alledge againfl hirrv Underhill colle<5led his adherents ; Knollys was armed with a piftol, and another had a bible mounted on an halbert for an enfign. In this ridiculous parade they marched a- gainft Larkham and his party, who prudent- ly declined a combat, and fent down the riv- er to Williams the governor, at Portfmouth, for afliftance. ' He came up in a boat with an armed party, befet Knollys's houfe where Underhill was, guarded it night and day till a court was fummoned, and then, Williams fitting as judge, Underhill and his company were found guilty of a riot, and after being fined, were banifhed the plantation. The new crime which Larkham's party alledged againfl Underhill was that he Ixad been fe- cretly endeavouring to perfuade the inhabir tants to offer themfelves to the government of MafTachufetts, whofe favor he was defi- rous to purchafe, by thefe means, as he knew that their viev/ was to extend their jurifdic- tion as far as they imagined their limits reached, whenever they fliould find a favour- able opportunity. The fame policy led him with his party to fend a petition to Bofton, praying for the interpofition of the govern- ment in their cafe : In confequence of which the governor and afliflants commiflioned Simon Bradftreet, Esq. with the famous Hugh Peters, then minifter of Salem, and Timothy Dalton of Hampton, to enquire into the mat- ter, and efFe(5l a reconciliation, or certify the flate of things to them. Thefe gentlemen travelled on foot to Dover, and finding both fides in fault, brought the matter to this iffue, hat the one party revoked the excpmnmni- NEW-I1AM?SH'IRE. 45 cation, and the other the fines and banifh- 1640^ ment. In the heat of thefe difputes, a difcovery was made of Knollys's failure in point of chaftity. He acknowledged his crime be- fore the church ; but they difmiiTed him and he returned to England, where he fufFered by the feverity of the long parliament in 1644 ; ^^,1^!^ and being forbidden to preach in the church- 4tojoi. ii. es, opened a feparate meeting in G^eat St. Helen's, from which he was foon diflodged, and his followers difperfed. He alfo fuffer- ^^^^^^^^jf]; ed in the caufe of non-conformity in the vol, i. page 210. reign of King Charles the fecond, and at length (as it is faid) died " a good man in a ^f"^^^ good old " age." (September 19, 1691, ^t. iib.3.p.;v ninety-three.) Underbill having finifhed his career in thefe parts obtained leave to return to Bof- ton, and finding honefty to be the beft poli- cy, did in a large alTembly, at the public lee- ♦ ture, and during the fitting of the court, make a full confeffion of his adultery and hy- pocrify, his pride and contempt of authority, juftifying the church and court in all that they had done againft him, declaring that his pretended aflurance had failed him, and that the terror of his mind had at fome times been fo great, that he had drawn his fword to put an end to his life. The church being now fatisfied, refhored him to their commu- . ^ nion. The court, after waiting fix months AnS for evidence of his good behaviour, took off his fentence of banifhment, and releafed him from the punifiiment of his adultery : The law which made it capital having been enact- ed after the crime was committed, could not 46 HISTORY OF 1640. touch his life. Some offers being made hiiij. Hubbard's i^y ^i^Q Dutch at Hudfon's river, whofe lan-^ MS Hist. J ^.1. ,. ,, 1 r guage was lamiiiar to nim, the cnurcn ox Bofton hired a velfel to tranfport him and his family thither, furniihing them with all neceifaries for the voyage. The Dutch gover- norgave him the command of a company of an himdred and twenty men, and he was very fer- viceable in the wars which that colony had with the Indians, having, it is faid, killed one hundred and fifty on Long-Ifland, and three hundred on the Main. He continued in their fervice till his death. We find in this relation a ftriking inflance of that fpecies of falle religion, which, hav- ing its feat in the imagination, inftead of making the heart better and reforming the iife, inflames the pafTions, flupifies reafon, and produces tlie wildell effecfls in the behav- iour. The excelTes of enthufiafm have often been obferved to lead to fenfual gratifica- tions ; the fame natural fervour being fuffi- cient to produce both. It cannot be ilrange that they who decry morality, iliould indulge fuch grofs and fcandalous enormities as are fufhcient to invalidate all thofe evidences of their religious chara6ler on which they lay fo much flrefs. But it is not fo fiirprizing that men Ihould be thus milled, as that fuch frantic zealotvS fliould ever be reduced to an acknowledgment of their ofl^ences ; which in this inflance may be afcribed to the llricft difcipline then pradifed in the churches of New-England. The people of Dover and Portfmouth dur- ing all this time had no power of govern- in(;}nt delegated from the crown : but fiiid-^ KE-V^'-HAMPSHIRE. 47 ing the necelTity of fome more determinate 1640. form than they had yet enjoyed, combhied themfelves each into a body politic after the example of their neighbours at Exeter. The in- habitants of Dover, by a written inftrument, figned by 41 perfons agreed to fubmit to the laws of England, and fuch others as should be enad:edby amajority of their number,until the H«bbard' royal pleafure fhould be known. The date of ms Hist. the combination at Portfmouth is uncertain, their firft book of records having been de- flroyed [in 1652,] after copying out what^""^^'^^ they then thought proper to preferve. Wil- liams, who had been fent over by the ad- venturers, was by annual fufFrage continued governor of the place, and with him were af- ibciated Ambroie Gibbons and Thomas War- nerton* in quality of afliftants. During this combination, a grant of fifty acres of land for a glebe was made by the governor and May 25. inhabitants f to Thomas Walford and Henry Sherburne, church-wardens, and their fuc- ceilors forever, as feofees in truft ; by vir- Ports. Reg, tue of which grant the fame land is ftill held, and being let on long Icafes, a confider- able part of the town of Portfmouth is built * Warnerton In;? been a soldier. Upon t'le division of Mason's stocianc! goods he cariird liis share to Penobscot, or some part of Nova-Scotia, wher*:. lie was kilk 1 in a fray with -the French inhabitants. 1644. (Hubbaid". + This grant is subscribed by Francis Willlp.nis, Gk)vernor, Henry Takr, Ambrose Gibbons, Assistant, John Jones, "William Jones, William Berry, Renald FeviialJ, John Plckerin, John Crowtlicr, John Billing, Anthony Bracket, John Wotten, Micluel Cliattertpn, Nicholas Row, John Wall, Matthew Coe, Robert Pudiotrton, William Palmer. Henry o'jerburne^ (Portim. Rcc } John Landen, 4|8 HISTORY OF 1640. upon it. At this time they had a parfonagie houfe and chapel, and had chofen Richard Gibfon for their parfon, the patronage being veiled in the parilhoners. Gibfon was fent from England as minifler to a filhing plan- tation belonging to one Trelawney. He was throp's '"" " wholly addidled to the hierarchy and dif- Journal, u cipUne of England, and exercifed his min- " ifterial fundlion" according to the ritual. He was fummoned before the court at Bof- ton for " fcandalizing the government there^ *' and denying their title ;'* but upon his fub- million, they difcharged him without fine or punilliment, being a ftranger and about to depart the country. After his departure the patts.Rec. people of PortfiTLoutli had James Parker* for their minifter, who was a fcholar and had been a deputy in the MafTachufetts court. After him they had one Browne ; and f Samuel Dudley a fon of Deputy Governor Dudley ; but thefe were only temporary preachers, and they did not obtain the regu- lar fettlement of a minifler for many years. Four diflin6l governments (including one at Kittery on the north fide of the river) were now formed on the feveral branches of M*' To'-irn * Governor Wintlirop give? tli's account of l.im and liis ministry. (1642- " 10 mo :) ' Those of tlie lower part of Pascataqiia invited Mr. James Par- " ker of Weymovilb, a p;odly jran. to be their minister. He by advising^ v\ith " divers of the mao;istrntes #nd elders accepted the call and went and taught " among them, this winter, and it ple.iscd God to give great success to liis " labours so as above forty 'f them, whereof the most had been very pro- " fane and some of them professed enemies to the way of our churches, *' wrote to, the magistrates and f Iders, acknowledging the sinful course they "had lived in, and bewai'in? the eame, and blessing God for calling them out " of it and tarncstly desiring that Mr. Parker might be settled amongst " them. Most of them fell back again in time, embracing this present " world." He afterward removed to Parbadoes arid there settled, (vid Hutchinson's collection of papers, p. 155 &: 222.) Hutchinson supposes him to have been minister of Newbur)', mistaking him for Thomas Parker. + Dudley settled at Exeter in 1650, and died there in 1683, aged 77 " He was a person of good capacity and learning." (Filclve MS) NEW-HAMPSHIRE. 4Q» Parcataqtia. Thefe combinations being only 1640o voluntary agreements, liable to be broken or fubdivided on the iirft popular difcontent, there could be no fafetv in the continuance of them. The diitraclions in England at this time had cut oiF all hope of the royal attention, and the people of the feveral fet- tlements were too much divided in their opinions to form any general plan of govern- ment which could afford a profpedl of per- manent utility.' l^xC more confiderate per- fons among them, therefore thought it befl to treat with Mafiachufetts about taking them under their prote' W HISTORY OF " vidlion : But if after their continuance in ob' " ftinate rebellion againfl the light, he Ihall " flill walk toward them in foft and gentle " commiferation, his foftnefs and gentlenefs " is exceilive large to foxes and wolves ; but " his bowels are miferably flraitned and " hardned againft the poor flieep and lambs • *' of Chrift. Nor is it fruftrating the end of " Chrifl's coming, which was to fave fouls, " but a dire6l advancing it, to deflroy, if " need be, the bodies of thofe wolves, who " feek to deflroy the fouls of thofe for whom " Chrift died." In purfuing his argument he refines fo far as to deny that any man is to be perfecuted on account of confcience " till being convinced in his confcience of • " his wickednefs, he do fcand out therein, " not only againft the truth, but againft the " light of his own confcience, that fo it " may appear he is not perfecuted for caufe " of confcience, but puniflied for finning " againft his own confcience." To which he adds, " fometimes it may be an aggrava- " tion of fm both in judgment and practice " that a man committeth it in confcience." " After having faid that it v/as toleration " which made the world antichriftian," he concludes his book with this fingular ejacu- lation, " the Lord keep us from being be- " witched with the whore's cup, left while " we feem to rejedl her with open face of " -profefTion, we bring her in by a back door " of toleration ; and fo come to drink deep- " ly of the cup of the Lord's wrath, and be " filled with her plagues." But the ftrangeft language that ever was ufed on this or perhaps on any other fubjecl. NEW-HAMPSHIRE. 75 is to be found in a book printed in 1645 by tlie humourous Ward of Ipfwich entitled, ** the Simple Cobler of Agawam." " My " heart (fays he) hath naturally detefted " four things ; the {landing of the Apocry- " pha in the bible : foreigners dwelling in " my country; to croud out native fubjecfls " into the corners of the earth : alchymized " coins : toleration of divers religions or of " one religion in fegregant fliapes. He that " willingly affents to the lall, if he examines *' his heart by day-light, his confcience will " tell him, he is either an atheift, or an here- *' tic, or an hypocrite, or at bed a captive to " fome luft. Polypiety is the greateil impiety " in the world. To authorize an untruth by " toleration of the (late, is to build a fconce " againft the walls of heaven, to batter God " out of his chair. Perfecution of true reli- " gion and toleration of falfe are the Jannes " and Jambres to the kingdom of Chrifl, " whereof the laft is by far the worfl. He " that is willing to tolerate any unfound " opinion, that his own may be tolerated " though never fo found, will for a need, " hang God's bible at the devil's girdle. It *' is faid that men ought to have liberty of *' confcience and that it is perfecution to de- " bar them of it : I can rather ftand amaz- " ed than reply to this ; it is an aftonifhment " that the brains of men Ihould be parboiled *' in fuch impious ignorance." From tliefe fpecimens, (of which the read- er Vv^ill think he has had enough) it is eafy to fee how deeply the principle of intoleran- cy was rooted in the minds of our forefath- ers. Had it flood only in their books as a ^76 HISTORY Of fiibjedl of fpeculation, it might have been excufed, confidering the prejudices of the times ; but it was drawn out into fatal prac- tice, and caufed fevere perfecutions whiclj camiot be juftified conliftently with chrifli- anity or true poUcy. Whatever may be faid in favour of their proceedings againfl the Antinomians, whofe principles had fuch an efFe(5l on the minds of the people as materi- ally afFedled the foundations of government, in the infancy of the plantation ; yet the Anabaptifts and Quakers were fo inconfid- erable for numbers, and the colony was then fo well eftabliihed that no danger could have been rationally apprehended to the common- wealth from them. Rhode-Ifland was fet- tled by fome of the Antinomian exiles on a Calender's pJau of entire religious liberty : men of eve- sermon, Ty denomination being equally protecfled and ^^^^ countenanced, and enjoying the honours and offices of government. The Anabaptifts, fined and banilhed, flocked to that new fet- tlement, and many of the Qv^akerc alfo took refuge there ; fo that Rho^e-Illand was in thofe days looked upon as the drain or fnik of NevsT-England ; and it has been faid that " if any man had loft his religion, he might " find it there, among fuch a general mufter " of opinionifts." Notwithftanding this in- vective, it is much to the honour of that government that there never was an iuftancc of perfecution for confcience fake counten- anced by them. Rhode-Ifland and Pennfyl- vania aiford a ilrong proof that toleration conduces greatly to the fettlement ai\d in- Gl'eafe of an infant plantatioi^. NEW-HAMPSHIRE. 77 The Quakers at firft were baniftied ; but this proving infufficient, a fucceffion of fan- guinary laws were enacfled againft them, of which imprifonment, whipping, cutting off the ears, boring the tongue with an hot iron, and banifhment on pain of death, were the terri- ble fandtions. In confequence of thefe laws four perfons were put to death at Bofton, bearing their punifhment with patience and fortitude ; folemnly protefting that their re- turn from banifhment was by divine direc- tion, to warn the magiftrates of their errors, and intreat tliem to repeal their cruel laws ; denouncing the judgments of God upon sewd's them ; and foretelling that if they lliould put the'a?aki them to death others would rife up in their ^'*' room to fill their hands with work*. After * Tlie followins; passages extracted from William Leddra's letter to liis "ftiends, written the day before his execution, March 15, 1660 shew an ele- gance of sentinnent and expression, not comnnon in their writings. " Most dear and inwardly beloved, " The sweet influence of the morninsf star, like a flood, distilling into my ■■' innocent habitation hath so filled me with the joy of the Lord in the beauty ''• of holiness, that my spirit is as if it did not inhabit a tabernacle of clay, ^ but is wholly swallowed up in the bosom of eternity from whence it had its ■" being;." " Alas, alas ! what can the wrath and spirit of man that lusteth to "^ envy, agp^ravated by the heat and strength of the king of the locusts wliich ^' came out of the pit, do unto one that is hid in the secret places of the Al- '* mighty ? or to them that are gathered under the healing wings of the " Prince of Peace ? O my beloved, I have waited as the dove at the win- '^ dows of the ark, and have stood still in thatwatch, which the master did at *^ his coming reward with the fulness of his love -, wherein my heart did re- ''* joice that I might speak a few words to you, sealed with the spirit of " promise. As the flowing of the ocean doth fiJl every creek and branch • ''' thereof, and then retires again toward its own being and fulness and leaves " a savour beliind it ; so doth the life and virtue of God flow into everyone " of your hearts, whom he hath made partakers of his divine nature ; and " when it withdraws but a little, it leaves a sweet savour behind it, " that many can say they are made clean through the word that he has spok- " en to them. Therefore, my dear hearts, let the enjoyment of the life alone ¥ bs your hope, your joy and your consolation. Stand in the watch within, " in the fear of the Lonl which is the entrance of wisdom. Confess him " before men, yea before his greatest enemies. Fear not what they can do •' to you : Oreater is he that is in you than he that is in the world, for he *' will clothe you with humility and in the power of his meekness you shall V reign over all t'je rage of ycir enemies." ' Sewel's Hist Ruakers, page ^74. Collect, papers, p. 327. 7B HISTORY O^ the execution of the fourth perfon, an order from King Charles the fecond, procured by their friends in England, put a ftop to capi- tal executions. Impartiality will not fufFer a veil to be drawn over thefe difgraceful ti'anfadtions. The utmofl that has been pleaded in favor of them, cannot excufe them in the eye of reaf- Hutch. on and juflice. The Quakers, it is faid, were heretics ; their principles appeared to be fubverlive of the gofpel, and derogatory from the honor of the Redeemer. Argument and fcripture were in this cafe the proper weap- ons to combat them with ; and if thefe had failed of fuccefs, they mufl have been left to the judgment of an omnifcient and merciful God. They v/ere complained of as diftur- bers of the peace, revilers of magiftracy, " malignant and affiduous promoters of doc- " trines diredlly tending to fubvert both " church and ftate ;" and our fathers thought it hard, when they had Bed from oppofition and perfecution in one fhape to be again troubled with it in another. But it would have been more to their honor to have fuf- fered their magiftracy and church order to be infulted, than to have ftained their hands with the blood of men who deferved pity rather than puniflimcnt. The Quakers in- deed had no right to difturb them : and fome of their conduct was to an high degree inde- cent and provoking ; but they were under the influence of a fpirit which is not eaiily quelled by oppolition. Had not the govern- ment appeared to be jealous of their princi- ples, and prohibited the reading of their books before any of them appeared in perfon, there NEW-HAMPSHIRE. 79 could not have been fo plaufible a pretext for their reviling government. It was faid that the laws hj which they were condemned were grounded on the laws in England ^^^^^ againft Jefuits, But the cafe was by no History means parallel, (as the Quakers pleaded) ^"'''"^• their principles and practices not being equal- ly detrimental to fociety. It was moreover urged in excufe of the feverities exercifed againft the Quakers that the magiftrates thought themfelves " bound in confcience to ^^ss. Rec. keep the pafTage with tlie point of the fword : this (it was faid) could do no harm to him that would be warned by it : their rulhing on it was their own a6l, and they brought the blood on their own heads. Had they promifed to depart the jurifdidlion and not return without leave, the country would have been glad to have rid themfelves of the trouble of executing the laws upon them ; it was their prefamptuous returning after baniili- ment that caufed them to be put to death." This was the plea which the court ufed in ^^^^ ^ ^ their addrels to the king ; and in another p. 272. vindication publifhed by their order, the un- happy fuiFerers are ftyled " felones de fe," or felf-murderers. But this will not juftify the putting them to death, unlefs the original crimes for which they were baniflied had de- / . , p. 199. fervedit. The preamble to the a6l by which they were condemned charges them with " altering the received laudable cuftom of giv- ing refpecfl to equals and reverence to fupe- riors ; that their acSlions tend to undermine the civil government and deftroy the order "of the churches, by denying all eftablifhed forms of worfhip, by withdrawing frofn or- 80 HISTORY OF derly church fellowfhip allowed and appfov- ed by all orthodox profefTors of the truth, and inflead thereof, and in oppolition there- to, frequently meeting themfelves, infinaat- ing themfelves into the minds of the limple, whereby divers of our inhabitants have been iiifecSled." Did thefe offences deferve death ? had any government a right to terrify with capital laws perfons guilty of no other crimes than thefe, efpecially when they profeffed that they were obliged to go the greatefl lengths in maintaining thofe tenets which they judg- ed facred, and following the dictates of that fpirit w^hich they thought divine ? Was not the mere " holding the point of the fword" to them, really inviting them to " rulh on "it" and feal their teftimony wdth their blood ? and was not this the mofl likely way to flrengthen and increafe their party ? Such punilhment for offences which proceeded from a mifguided zeal, increafed and in- flamed by oppofition, will never refled: any honour on the policy or moderation of the government ; and can be accounted for only by die ilrong prediledion for coercive pow- er in religion, retained by mofl or all of the reformed churches ; a prejudice which time and experience w^ere neceffiry to rem.ove*. * From the following authorities, it will appear that the jfoveinment of New-England, however severe and unjustifiable in their proceedinsfs against tiie GLuakers, went no farther than tlie most eminent retovmcrs ; particularly the Bohemians, the Lutherans, the celebrated Calvin and the martyr Ci;an- mer. In the war which the Emperor Sigismond excited against the Bohemian reformers, who had the famcms Zisca for their general ; " The nets of bar- barity which were committed on both sides were shocking and terrible be- yond expression. For notwithstanding the irreconcileab'c opposition bctweeii the religious sentiments of tiie contenvling parties, they botli agreed i;i tliis one horrible point, that it was innocent and lawfvd to p*,! secute and extir- pate with fire and sword, t]ie enemies of the tn;c rt^igi-Mi, and ;u.h th?-/ >/EW-IIAMPSIIIRE. 81 The miflakes on which their condtid: was grounded cannot be detedled in a more maf- terly manner, than by tranfcribing the fenti- ments of Dod;or Increafe Mather, who lived in thofe times, and was a flrong advocate for the coercive power of the magi Urate in mat- ters of religion ; but afterward changed his opinion on this point. " He became fenii- " ble that the example of the Ifraelitifh re- " formers inflidling penalties onfalfe worfhip- " pers would not legitimate the like proceed- " ings among chrillian gentiles : For the ho- " iy land of old was, by a deed of gift from " the glorious God, miraculoufly and indif- " putably granted to the Ifraelitifh nation, " and the condition on which they had it was recipiocally appeared to be in eacli others eyes." Mosheim's Eccl. Hist. vol. 3. p. 261. " It were indeed ardently to be wished, that the Lutherans lad treated witli more mildness and cliarity those who differed from them in religious opinions. Bvit they had unhappily imbibed a spirit of persecution in their early education. This was too much the spirit of the times, and it was even a leading maxim with our ancestors (this author was a Lutlieran) that it was both lawful and expedient to use severity and force against those whom they looked upon as heretics. This maxim ivas deri-ved from ROME ; and even those wlio separated from that church did not find it easy to throw off all of a sudden that despotic ?nd uncharitable spirit, that had so long been the main spring of its government and the general characteristic of its members. Nay in tlieir narrow view of things, their very piety seemed to suppress tlie gen- erous movements of fraternal love and forbearance, and the more they felt tliemselves animated with a zeal for the divine gloiy, the more difficult did diey find it to renounce that ancient and favourite maxim, that whoever is Ujund to be an enemy to God, ought also to be declared an enemy to lu3 lijuntry." Mosheim, vol. 4. page 437. ■" Michael Servetus, a Spanish physician, published seven books in which he attacked the sentiments adopted by far the greatest part of the christian . iuicli, in relation to the divine nature and a trinity of persons in the God- . )\i'?A. Few innovators have set out witii a better prospect of success : But ■.'.V. Wii views were totally disapjx)inted by the vigilance and severity of Calvin, w!io when Servetus was passing through Switzerland, caused him to be ap- prdiendfii! at Geneva in the year 15.'i3, and had an accusation of blasphemy I) ria:;ht against him liefore the council. Servetus adliering resolutely to the opinions he h,a J embraced, was declared an obstinate heretic and condemned \(, t'l-.e flames." IVIoslieim, vol. 4. page 171. V)r. Macclnine in his note on this passage, says, " It was a remaining por- tion of the spir-t of popery in the breast of Calvin that kindled his unchristian .>ai against tlic wretched Servetus. v.hose death will be an indelible re^ T;r..adi\!ixni th':- characfer of tliat o'veat and eminent v,^fai'.i?K.'-,"' 8^ HiaTORV Of " their obfervance of the Mofaic inltitutions, " To violate them was high treafon againft " the king of the theocracy, an iniquity to " be punilliecl by the judge. At the fame " time fojourners in the land were not com- ^* pelled to the keeping thofe rites and law.^ " which Mofes had given to the people. , *' Nay the Ifraelites themfelves fell, many of ^' them, into the v/orfl of herefies, yet while " they kept the laws and rites of Mofes, the " magiflrate would not meddle with them. *' The herefy of the Sadducees in particular " llruck at the foundation of all religion ; " yet we do not find that our Saviour ever In tlie rtign of Edward the sixth of England, anno, 1549, " A ■womari " called Joan Bocher, or Joan of Kent, was accused of heretical pravity. Her " doctrinu was, " that Christ was not truly incarnate of the virgin, whose " flesh being the outward man was sinfully begotten and born in sin ; and " consequently he could take none of it ; but the word by the consent of the in- " ward man of the virgin was made flesh." A scholastic nicety, net capii ble of doing much mischief 1 but there was a necessity for dcliveiing tl:e wo- man to the ilaines for maintaining it. The young king though in such ten- dtr years, had more sense than nil his counsellors and prtcepiors ; and he long refused to sign the warrant for her execution. Cranmkr, with his su- perior learning, was employed to persuade him to compliance, and he said, that the prince, being God's deputy, ought to repress impieties against God, in like manner as the king's deputies were bound to punish offenders against the king's person. He also argued from the practice of the Jewish church in stoning blasphemers. Edward overcome by importunity more than reason at last Submitted, and told Cranmer witli tears in his eyes, tl;at if any wrong was dene, the guilt should lie entirely on his head. The primate v>as struqk with surprize ; but after making a new effort to reclaim the vvoman and find- ing her obstinate, he at last committed her to the flames. Nor did he ever renounce his burning principles so long as he continued in power." Hume't. Hist. Eng. 4to vol. 3- p. 320. Neal's Hist. Purit. 4to. vol. 1 . p. 41 . It ought also to be remembered, that at the same time that the 6-uakcrs suffered in New-England, penal laws against thsm vi-ere made and rigorously executed in England ; and though none of them sulTered capital executions, yet they were thrown into prison and treated with other marks of cruelty, which in some instances proved the means of their death. And though t!;e lenity of King Charles the lid in putting a stop to c.ipital executions iicrc has been much celebrated, yet in his letter to the Massachusetts goveriinicnr the next year, wherein he requires liberty for the church of KTiglarid an ong them, he adds, "Wee cannot be understood hereby to direct, or wi.':!! tint any "indulgence should be graunted to €Luakers, whose principles, being incon- " sistent with any kind of government. Wee have found it necessary with *' the advise of our parliament here to m.ake a sharp law ni^ainst them, and " are well content you doe, the like there." Records of Dc-eds. Province "Maine, lib. l.fol, 129. NEW-HAMPSHIRE. S$ ^* blamed the Pharifees for not perfecuting " them. The chriflian religion brings us " not into a temporal Canaan, it knows no " weapons but what are purely fpiritual. He " faw that until perfecution be utterly ban* " iflied out of the world, and Cain's club " taken out of Abel's hand, 'tis impoflible to •* refcue the world from endlefs confulions. " He that has the power of the fword will ** always be in the right and always afTume " the power of perfecuting. In his latter " times therefore he looked upon it as one ** of the mod hopeful among the figns of the " times, that people began to be alhamed of " a practice which had been a mother of " abominations, and he came entirely into ** tliat golden maxim, Errantis poetia doceri,^'* Divers others of the principal adlors and abettors of this tragedy lived to fee the folly and incompetency of fuch fanguinary laws, to which the fufferings of their brethren, the noncon£brmi{ls in England, did not a lit- tle contribute. Under the arbitrary govern- ment of King James the fecond, when he, for a Ihew of liberty and as a leading ftep to the introduction of popery, iflued a procla- mation of indulgence to tender confciences, the orincipal men of the country fent hin^ an addrefs of thanks, for granting them what; thej had formerly denied to others. It is but jullice to add, that all thofe difgraceful laws were renounced and repealed, and the people of New-England are now as candidly difpofed toward the Quakers as any other denominations of chrifbians. To keep alive a fpirit of refencment and reproach to the country, pn account of thgf^ ancient tv*mf« 84 HISTORY Of adlions which are now univerfally condem- ned, would difcover a temper not very con- fiftent with that meeknefs and forgivenefs which ought to be cultivated by all who pro- fefs to be influenced by the gofpel. But though our anceftors are juflly cen- (urable for thofe inftances of miscondudl, yet they are not to be condemned as unwor- thy the chriflian name, fince fome of the firll difciples of our Lord, in a zealous imi- tation of the prophet Elias, wovild have cal- led for fire from Heaven to confume a village of the Samaritans who refufed to receive him. Their zeal was of the fame kind ; and the anfwer which the benevolent author of our religion gave to his difciples on that occafion, might with equal propriety be ad- dreffed to them, and to all perfecuting chrif- tians, " Ye know not what fpirit ye are of, " for the Son of man is not come to deftroy ■■■'■ men's live's but to fave them." NEW-HAMPSHIRE. '^ CHAP. IV. Mode of Government under AIa.wachusetts.-^Mascn*s efforts to recover the /iro/ierty of his ancestor. — Transactions rf the King's Commisc/iom-rs. — Gfiposition to them. — Political prin- ci/iUs. — Internal transaction^,.. — Mason discouraged. During the union of thefe plan- tations with MafTachufetts, they were gov- erned by the general laws of the colony, and the terms of the .union were flric^ly obferv- ed. Exeter and Hampton were at firft an- nexed to the jurifdi6lion of the courts at Ipfwich, till the eftablifhment of a new coun- 1643» ty which was called Norfolk, and compre- hended Salifbury, Haverhill, Hampton, Ex- eter, Portfmouth and Dover. Thefe towns were then of fuch extent as to contain all the lands between the rivers Merrimack and Fafcataqua. The {hire town was Salifbury; but Dover and Portfmouth had always a diA / tin6l jurifdi6lion, though they were conlid- ered as part of this new county ; a court being held in one or the other, fometimes once and fometimes twice in the year, con- fifting of one or more of the magiftrates or affiftants, and one or more commiffioners chofen by the General Covirt out of the prin- cipal gentlemen of each town. This was called the court of AfTociates ; and their court rS' power extended to caufes of twenty pounds value. From them there was an appeal to the board of Affiftants, which being found incoiivenient, it was in 1670 ordered to be made to the county court of Norfolk. Caufes under twenty Ihillings in value were fettled in ;3ach town by an Infevior Court confifting of 86 HISTORY OF three perfons. iVfter fome time they had 1647. liberty to choofe their Affociates, which was done by the votes of both towns, opened at x>overand a joint meeting of their felecflmen, though ^•""■^^'^ fometimes they requefled the comt to ap- point them as before. That mutual confi- dence between rulers and people, which fprings from the genius of a republican gov- ernment is obfervable in all their tranfac» tions.* This extenlion of the colony's jurifdidlion over New-Hampfhire, could not fail of being noticed by the heirs of Mafon : But the d'lf- tracflions caufed by the civil wars in England were invincible bars to any legal enquiry. The fir ft heir named in Mafon' s will dying in infancv, the eftate defcended after the death of the executrix to Robert Tufton, who 165'^, was not of age till 1650. In two years after this, Jofeph Mafon came over as agent to the executrix, to look after the intereft of her de- ceafed hufband. He found the lands at New- ichwannock occupied by Richard Leader, * In 1652, tlie number of people in Dover was increased so that they ■ were allowed by law to send two deputies to the General Court. Hampton continued sendino^ but one till 1669, and Portsmoutl) till 1672. The names *f the representatives which I have been able to recover, are as follows : For Dover. John Baker, Valentine Hill, Richard Cook, of Boston Richard VValdron, who was For Hampton, chosen without intcrrup- Jeoffry Mingay. tion for 25 years, and was Henry Dow, sometime speaker of the House. William Fuller, Richard Cook. Robert Page, Peter Coffin. Roger Shaw, For Portsmouth. Roger Page. Bryan Pendleton, Samuel Dalton. Henry Sherburne, Joshua Gilmnn. ^ Richard Cutt.;, Anthony Stanyon. >^athaniel Fryer, Christopher Hussey, Kluis Stilemati, William Gerrish, John Cutts, Joseph Hussey. Richard Mai tyn, 1 d(^ pct fi'id t^jat Ex"t'?r sent ary deputies to couit during this unior^ General Covut Ro». NEW-HAMPSHIRE. S7 againil whom he brought adlions in the 1652* county court of Norfolk ; but a difpute arif- ing whether the lands in queftion were with- in the jurifdidlion of Maflachufetts, and the court of Norfolk judging the adlion not to be within their cognizance, recourfe was had to the general court ; who on this occalion ordered an accurate furvey of the northern bounds of their patent to be made ; a thing which they had long meditated. A commit- m^'^-^*^- tee of the general court attended by Jonathan Ince, and John Shearman furveyors, and fev- cral Indian guides, went up the river Merri- mack to find the mofl northerly part there- of, which the Indians told them was at Aque- dochtan, the outlet of the lake Winnipifeo- gee. The latitude of this place was obferv- ed to be 43 degrees 40 minutes and 12 fec- onds, to which three miles being added, made the line of the patent, according to their con- ilrudlion, fall within the lake, in the latitude of 43 degrees 43 minutes and 12 feconds. 1653. Two experienced fliip-mafters, Jonas Clarke raid Samuel Andrews, were then difpatched lo the eaft ern coaft, who found the fame de- grees, minutes, and feconds, on the northern point of an illand in Cafco Bay, called the Upper Clapboard Illand. An eall and weft line, drawn through thefe points from the Atlantic to the South fea, was therefore fup- pofed to be the northern boundary of the- Maflachufetts patent, within which the whole claim of Maibn, and the greater part of that of G orges were comprehended. When this grand point was determined, the court were ot opinion, that " fome lands at Newichwan- "' nock, with the river, were by agreement of / 88 HISTORY OF 1653. " Sir Ferdinando Gorges and others, appdr- " tioned to Captain Mafon, and that he alfo " had right by purchafe of the 1 ndians, as al- " fo by pofTefTion and improvement ;" and they ordered " a quantity of land proportion- " able to his difburfements, with the privi- " lege of the river, to be laid out to his heirs." The agent made no attempt to recover any other part of the eftate ; but having tarried long enough in the country to oblerve the temper of the government, and the manage- ment ufed in the determination of his fait, he returned ; and the eftate was given up for loft unlefs the governraent of England ftiould interpofe. During the commonwealth, and the pro- tedtorate of Cromwell, there could be no hope of relief, as the family had always been at- tached to the royal caufe, and the colony ftood high in the favor of the parliament and 1660. of Cromwell. But the reftoration of King Charles the fecond encouraged Tufton, who now took the firname of Mafbn, to look up to the throne for favor and affiftance. For though the plan of colonization adopted by his grandfather was in itself chimerical, and proved fruitlefs, yet he had expended a large eftate in the profecution of it, which muft have been wholly loft to his heirs, unlefs they could recover the pofleflion of his A- merican territories. Full of this idea, Ma- fon petitioned the king ; fetting forth ' the '■ encroachment of the Maflachufetts colony * upon his lands, their making grants and ' giving titles to the inhabitants, and thereby * difpoifefting him and keeping him out ot 'his right"' The king referred the petiriou NEW-HAMPSHIRE. ' S^ to his attorney-general Sir GeoiTry Palmer, ^ 1660. who reported that " Robert Mafon, grandfon JJj's'';^ sup, " and heir to Captain John Malbn, had a coun fues. *' good and legal title to the province of New- " Hamplliire." Nothing farther was done at this time, nor was the matter mentioned in the letter which the king foon after fent -iqq^ to the colony, though fome ofFenfive things j^^,^^i, ' in their conducfl were therein reprehended, ^o"«^ct. of t • • • • 1 T> 1 J * papers, p. and divers alterations enjomed. But the di- 377. recftions contained in this letter not being {Iridlly attended to, and complaints being made to the king of difputes which had arif- en in divers parts of New-England concern- in.2; the limits of jurifdiclion, and addrelTes Hutc.irist. , *-* . , -L ^ 1 r 1 r Mas. vol. 1, having been prelented by leveral perlons, p. 535. pr a vhig for the royal interpofition ; a com- miliion was illued under the great feal to iggj^ Colonel Richard Nichols, Sir Robert Carre, ^p.^ 35* knight, George Carteret and Samuel Maver- i ck, efquires, impowering them " to vifit the "feveral colonies of New-England ; to ex- " amine and determine all complaints and *' appeals in matters civil, military and crimi- ** nal ; to provide for the peace and fecurity " of the country, according to their good and " found difcretion, and to fuch inftrudlions *' as they fliould receive from the king, and ** to certify him of their proceedings." This commifTion was highly difrelifhed by ihe colony, as inconfiftent with the rights and privileges which they enjoyed by their char- ter, and which the king had facredly prom- ifed to confirm. It is therefore no wonder that the commifTioners were treated with ^",f''''- much coolnefs at their arrival ; but they fe- 417. ^'orejv repaid it in their report to the king. M ^ ' HISTORY OiP li$65. In their progrefs through the country they June. came to Pafcataqua, and enquired into the bounds of Mafon's patent. They heard the allegation of Whelewright, who when ban- iflied by the colony, was permitted to refide immediately beyond what was called the bound-houfe, which was three large miles to tlie nortliward of the river Merrimack. They took the affidavit of Henry Jocelyn concern- ing the agreement between Governor Crad- ock and Captain Mafon, that the river fhould be the boundary of their refpeclive patents. They made no determination of this contro- verfy in their report to the king ; but hav- ing called together the inhabitants of Portf- ^ct. ip. mouth, Sir Robert Carre, in the name of the reft, told them that " they would releafe them " from the government of MafTachufetts, " whofe jurifdicflion lliould come no farther " than the bound houfe." They then pro- ceeded to appoint juftices of the peace and other officers, with power to ad: according to the laws of England, and fuch laws of their own as were not repugnant thereto, until the king's pleafure fhould be farther known. Hutdiin. There had always been a party here who i«p. 488. were difafFe(5led to the government ot MafTa- chufetts. One of the inoft adlive among them was Abraham Corbett, of Portfmouth, who, fince the arrival of the commifTioners at Bofton, and probably by authority deriv- ed from them, had taken upon him to iflue warrants in the king's name on feveral occa- iions, which was conftrued a high mifde- meanor, as he had never been comniiilioned by the atithority of the colony. Being called asaa. ec. ^^ account by the general court, he was ad- NEW-HAMPSHIRE. 9f moniflied, fined five pounds, and committed 166^. till the fentence was performed. Irritated by this feverity, he was the fitter inftrument for the purpofe of the commifTioners, who em- ployed him to frame a petition to the king ia the name of the four towns, complaining of the ufurpation of MafTachufetts over them, and praying to be releafed from their tyran- ny. Corbett, in a fecret manner, procured feveral perfons both in Portfmouth and Do- ver to fubfcribe this petition, but the mofl of thofe to whom he offered it refufed. The fenfible part of the inhabitants now faw with much concern that they were in danger of being reduced to the fame unhap- py flare which they had been in before their union with the colony. Awed by the fuper- cilious behaviour of the commifTioners, they knew not at firfl how to ad: ; for to oppofe the king's authority was conflrued treafon, and it was faid that Sir Robert Carre had threatened a poor old man with death for no other crime than forbidding his grandchild to open a door to them. But when the ru- mour v/as fpread that a petition was drawn, and that Corbett was procuring fubfcribers, the people, no longer able to bear the abufe, earneftly applied to the general court, pray- ing " that in fbme orderly way they might " have an opportunity to clear themfelves of " fo great and unjuft afperfions, as were by *'this petition, drawn in their name, cafl " upon the government under which they " were fettled ; and alfo to manifefl their ^^ fenfe of fuch perfidious a(5lions, left by their *' filence it fliould be concluded they were *' of the fame mind with thofe who framed 9^2 HISTORY OJ? 1665. " the petition." In confequence of this peti- tion the court commiffionedThomasDanforth, Eleazar Lulher, and Major General Leverett to enquire into the matter, and fettle the peace in thefe places according to their befl difc ration. October y. Thefe gentlemen came to Portfmouth, and having affembled the inhabitants, and pub- lifhed their commillion, they told them that they were informed of a petition fubicribed in behalf of that and the neighbouring towns, complaining of the government ; and deiir- ed them if they had any juft grievances to let them be known, and report fliould be immediately made to the general court. The next day they affembled the people of Dover and made the fame challenge. Both towns refpedlively protelled againft the pe^ tition, and profelTed full fatisfatlion with the goverment, vv^hich they lignified in addrefTes to the court. Dudley, the minifter of Exeter, certified under his hand to the committee, that the people of that town had no concern dire(5lly nor indiredlly with the obnoxious petition. They received alfo full fitisfaciion with regard to Hampton ; a certificate ot which might have been obtained, if they had thought it neceflary. They then proceeded to fummon Cv)rbet:: before them for feditious behaviour ; Jrat he eluded the fearch that was made for him, and they were obliged to leave a warrant with an officer to cite him to the court at Bofton. The commillioners had novv'- gone over into the province of Maine, from whence Sir Robert Carre in their name fent a fevere reprimand to this committee, forbidding NEW-HAMPSHIRE. 93 them to proceed againft fuch perfons as had 166^^ fubfcribed the petition, and inclofing a copy of a letter which the faid commiflioners had written to the governor and council on the Jame fubjedl. The committee returned and reported their^ proceedings to the court, and about the fame time the commilfioners came from their eaft- ern tour to Bofton ; where the court defired a CO af ere ace wi:h them, but received fuch an aiifwer from Sir Robert Carre as deter- mined them not to repeat their requeft. A warrant was then ilTued by the fecretary, in the name of the whole court, to apprehend Corbett and bring him before the governor and magiftrates, " to anfwer for his tumultu- " ous and feditious practices againft the gov- " ernment." The next fpring he was feized iqqq and brought before them ; and after a full May 2». hearing was adjudged guilty of fedition, and exciting others to difcontent with the gov- ernment and laws, and of keeping a difor- derly houfe of entertainment, for which crimes he v/as fentenced to give a bond of one hundred pounds with fecurity for his peaceable behaviour and obedience to the laws ; he was prohibited retailing liquors ; difabled from bearing any office in the town or commonwealth, during the pleafure of the court ; and obliged to pay a fine of twenty pounds and five pounds for the cofts of his profecution. This feverity in vindication of their char- ter-rights they thought fit to temper with fomethi ng that had the appearance of fub- mlifioa to the royal commands. The king's Hutch. coJ. plcafiire had been fignified to the commif- ^^' ^^'' 94 HISTORY OF 1666* iloners, that the harbours fliould be fortified. This infkrudion came to hand while they were at Pafcataqua, and they immediately if- fiied warrants to the four towns, requiring them to meet at a time and place appointed to receive his majefly's orders. One of thefe warrants was fent by exprefs to Bofton, from whence two officers were difpatched by the gavernor and council to forbid the towns on their peril to meet, or obey the commands of tliie commiffioners. But by their own au-^ thority they ordered a committee to look out the moft convenient place for a fortification, upon whofe report " the neck of land on the Massa.Rec, « ^ailward of the Great Ifland, where a fmall " fort had been already built, was fequefler- *^ ed for the purpofe, taking in th^ Great **^Roek, and from thence all the eallerly part "of the fiid ifland." The court ofafTociates being impowered to hear and determine the claims of thofe who pretended any title to this land ; a claim was entered by George Walton, but rejedled ; and the appropriation confirmed. The cuftoms and impoils on goods imported into the harbour were appli- ed to the maintenance of the fort, and the trained bands of Great-Ifland and Kittery- Point were difcharged from all other duty to attend the fervice of it, under Richard Cutts, efq. who was appointed captain, The people of Maffachufetts have, both in former and latter times, been charged with disloyalty to the king in their conducl to- ward thefe commiffioners, and their difre- gard of authority derived from the fame feurce with their charter. To account for NEW-HAMPSHIRE. 95 their condud on this occafion,we muft con- 1666, fider the ideas they had of their political con- nexion with the parent ftate. They had been forced from thence by perfecution ; they came at their own charges into a wildernefs, claimed indeed by tlie crown of England ; but really in poffefTion of its native lords ; from whom they had purchafed the foil and fovereignty, which gave them a title, confid- ered in a moral view, fuperior to' the grant of any European prince. For convenience on- ly, they had folicited and accepted a patent from the crown, which in their opinion con- ftituted the only bond of union between them and tlieir prince, by which the nature and extent of their allegiance to him was to be determined. This patent they regarded as a folemn compadl, wherein the king had granted them undifturbed pofleflion of the foil, and power of government within cer- tain limits ; on condition that they fliould fettle the country, chriftianize the natives, yield a fifth of all gold and filver mines to the crown, and make no laws repugnant to thofe of England. They had, on their part, facredly performed thefe conditions ; and therefore concluded that the grant of title, property and dominion which the crown had made to them was irrevocable. And although they acknowledged themfelves fubje^ts of the leigning prince, and owned a dependence on the royal authority ; yet they underflood it to be only through the medium of their charter. The appointment of commiflioners who were to adl within the fame limits, indepen- dently of this authority, and to receive ap- 9& HISTORY OF 1666. peals from it ; whofe rule of condudl was no eftabliihed law, but their own " good and found difcretion," was regarded as a danger- ous ftretch of royal power, militating with and fuperfeding their charter. If the royal authority was deflined to flow through the patent, it could not regularly be turned into another channel : if they were to be governed by laws made and executed by officers of their own choofing, they could not at the fame time be governed by the " difcretion" of nien in whofe appointment they had no voice, and over whom they had no control. Two ruling powers in the fame flate was a folecifm which they could not digeft. The patent was nei- ther forfeited nor revoked ; but the king had folemnly promifed to confirm it, and it fub- lifted in full force. The commiffion there- fore was deemed an ufurpation and infringe- ment of thofe chartered rights, which had been folemnly pledged on the one part, dear- ^ ly purchafed and juftly paid for on the oth- er. They regarded " a royal donation under nutch. the great feal (toufe their own words) as the voi.*i.p^."^ grcateft fecurity that could be had in human affah-s ;" and they had confidence in the juf- tice of the fupreme ruler, that if they held what they in their confciences thought to be their rights, and performed the engagements by which they had acquired them, they Ihould enjoy the protecflion of his providence,* * " Keep to your patent. Your patent was a royal g^rant inriped ; and !•» "is instrnmentnlly your deieixe and security. Recede from tliat, one ''way or the other, and you will expose yourselves to the wiatli of God and ■'■ the nto^e of man. Fix upon the patent, and stand lor the liberties knd im- •' munities conferred upon you therein ; P-iid you have GOD and the Vh.v "with you, botii a good cause and a j^food interest : and may with f:cad coi: " science set your footaofginst any foot of pride and violence that shall con;e '"'u gainst you." Pjesident Oakes's Election .Sevir.on KC^ 543 NEW-HAMPSHIRE. ^t chough they iliould be obliged to abandon 1666* the country, which they had planted with fo much labour and expence, and feek a new fettlement in fome other part of the globe. Thefe were the principles which they had imbibed, which they openly avowed and on which they a<5led. Policy might have dictat- ed to them the fame flexibility of condu6l, and foftnefs of expreffion, by which the oth- er colonies on this occaiion gained the royal favour. But they had fo long held the fole and uninterrupted fovereignty, in which they had been indulged by the late popular gov- ernment in England ; and were fo fully con- vinced it was their right ; that they chofe rather to rifque the lofs of all, than to make any conceilions ; thereby expofing themfelves farther to the malice of their enemies and the vengeance of power. The commiflioners, having finilhed their buiinefs, were recalled by the order of the king, who was much difpleafed with the ill treatment they had received from the MaiTa- chufetts government, which was the more heinous, as the colonies of Plymouth, Rhode- Ifland and ConneClicut had treated the com- miffion with acknowledged refpe(5l. By a Hm!'h*J^ letter to the colony he commanded them to 5i7. fend over four or five agents, promifing " to " hear in perfon, all the allegations, fuggef- " tions, and pretences to right or favour, " that could be made on behalf of the colo- " ny," intimating that he was far from de- firing to invade their charter ; and com- manding tliat all things lliould remain as the - commlffioners had fettled them until his far- ther order ; and that thofe pcrfons who had N 98 HISTORY OF 1666. been imprifoned for petitioning or applying to them lliould be releafed. The court, how- ever, continued to exercife jurifdidlion, ap- point officers, and execute the laws In thefe towns as they had done for twenty-five years, to the general fatisfadlion of the people who were united with them in principles and af- fection. This afFe6lion was demonftrated by their 1669. ready concurrence with the propofal for a general collection, for the purpofe of eredling a new brick building* at Harvard college, the old wooden one being fmall and decay- ed. The town of Portfmouth, which was now become the richeft, made a fubfcription of fixty pounds per annum for feven years ; and after five years paiTed a town vote to Harvard Carry this engagement into eflecft. Dover Col. Rec. gave thirty-two, and Exeter ten pounds for the fame laudable purpofe. ■> 1671. The people of Portfmouth, having for fome time employed Jofliua Moody as a preacher among them, and ere6led a new meet- ing-houfe, proceeded to fettle him in regu- lar order. A church confifliiig of nine breth- ports. chh. ren f was firfl gathered ; then the general Records, ^ourt having been duly informed of it, and having fignified their approbation, according to the eftabliflied practice, Moody was or- dained in the prefence of Governor Leverett and feveral of the Magirtrates. 1674. The whole attention of the government in England being at this time taken up with * This building' was erected in 1672, and consumed by fin- in 1 ?64. t " Joshua Moody, Samuel Ilaynes, John Ciitts, James Pendletoji, Kichard CuttP, John Fletcher, Richard Martyn, Jfhn Tucker. Itlias Stileman, NEW-HAMPSHIRE. 99 things that more immediately concerned 1674* themfelves, nothing of moment relating to Mafon's interelT: was tranfa(5led. He became difcom'aged, and joined with the heirs of Gorges in propofing an alienation of their refpe6live rights in the provinces of New- Hampfliire and Maine to the Crown, to make a government for the Duke of Monmouth. The duke himfelf was greatly pleafed with the fcheme, as he had been told that an an- nual revenue of five thoufand pounds or more might be collected from thefe provinc- es. But by the more faithful reprefenta- Hutch. r r r i ii Collection tions oi lome perlons who were well ac- of Papers, quainted with the country, he was induced ^^*' *^^' to lay afide the projedl. Many complaints were made againft the government of Maf- fachufetts j and it was thought to be highly expedient that more fevere meafures fhould be ufed with them ; but the Dutch wars, and other foreign tranfactions, prevented any de- termination concerning them, till the coun- try was involved in all the horrors of a gen- eral war with the natives. Smith's Vovaofe. 100 HISTORY Of CHAP. V. Bcvmrks on ike temper uv.d manners of the Ii dians. — Thcfirit (rmeral war r^iih them called Fhilip''& nvar-. At the time of the firft difcovery of the river Pafcataqua by Captain Smith, it was found that the native inhabitants of thefe parts differed not in language, manners, nor government, from their eaflern or weftern neighbours. Though they were divided in- to feveral tribes, each of Vs^hich had a diflindl fachem, yet they all ov/ned fubjedlion to a fovereign prince, called Baihaba, whofe refi- dence was fomewhere about Pemaquid. It was f'joa after found that the Tarratcens, who lived farther caftward, had invaded his coun- try, fur prized and ilain him, and all the peo- ple in his neighbourhood, and carried off his VN^onien, leaving no traces of his authority. Upon which the fubordinate fachems, hav- ing no head to unite them, and each one flriving for the pre-eminence,made war among themfelves ; whereby many of their people, and much of their proviGon were delLroyed. Goiges's When Sir Richard Hawkins vilited the coaft in i^Tj.' ^' 1615, this war was at it height ; and to this fuc- ceeded a pefdlence, which carried tliem off in fuch dumbers tliat the living were not able to bury the dead ; but their bones rc~ mained at the places of their habitations for '\m^h. feveral years. During this peftilence, Rich- ard Vines and feveral others, whom Sir Fer- dinando Gorges had hired, at a great ex- pence, to tarry in the country through the winter, lived among them and lodged m their NEW-HAMPSHIRB. 101 cabbins, without receiving the leafl injury i^ their health, " not fo much as feeling their ^°^^il " heads to ache the whole time." - By fuch iingular means did divine providence prepare the way for the peaceable entrance of the Europeans into this land. When the firft fettlements were made, the remains of two tribes had their habitations on the feveral branches of the river Pafcata- qua ; one of their facliems lived at the falls of Squamfcot, and the other at thofe of Ne- wichwannock ; their head quarters being generally feated in places convenient for filh- ing. Both thefe, together with feveral inland tribes, who refided at Pantucket and Winni- pifeogee, acknowledged fubjedlion to Paffaco- naway the great fagamore of Pannukog, or (as it is commonly pronounced) Penacook. He excelled the other fachems in fagacity^ duplicity and moderation ; but his principal qualification wa-s his fkill in fome of the fe- cret operations of nature, which gave him the reputation of a forcerer, and extended his fame and influence among all the neigh- bouring tribes. They believed that it was in his power to make water burn, and trees dance, & to metamorphofe himfelf into flame ; ^rsl^ss- that in winter he could raife a green leaf voi. i. p^ from the aihes of a dry one, and a living fer- pent from the fl-dn of one shat was dead. An Englilli gentleman who had been much converfant among the Indians was in- vited, in 1660, to a great dance and feafl: ; on which occaiion the elderly men, in fongs or fpeeches recite their hifl:ories, and deliver their fentiments, and advice, to the younger. ^\' this folemnity PaflTaconaway, being growii 474. ■ftubbard's printed Narrative, page 9. 31. 102 HISTORY OF old, made his farewell fpeech to his children and people ; in which, as a dying man, he warned them to take heed how they quarrel- led with their Englifh neighbours ; for though they might do them fome damage, yet it would prove the means of their own deftrudlion. He told them that he had been a bitter enemy to the Englifh, and by the arts of forcery had tried his utmofh to hinder their fettlement and increafe ; but could by no means fucceed. This caution perhaps often repeated, had fuch an effect, that upon the breaking out of the Indian war fifteen years afterward, Wonolanfet, his fon and fuc- cefTor, withdrevsr himfelf and his people into fbme remote place, that they might not be drawn into the quarrel. While the Britifh nations had been dif- fracted with internal convulfions, and had endured the horrors of a civil war, produc- ed by the fame caufes which forced the plan- ters of New England to quit the land of their nativity ; this wildernefs had been to them a quiet habitation. They had flruggled vv4th many hardfliips ; but providence had fmiled upon their undertaking, their fettle- nients were extended and their churches multiplied. There had been no remarkable quarrel with the favages, except the fliort war with the Pequods, who dwelt in the fouth-eafl part of Connedlicut : They being totally fubdued in 1637, the dread and ter- ror of the Englifh kept the other nations quiet for near forty years. During which time the New- England colonies being con- federated for tbeir mutual defence, and for inaintaining the public peace, took great NEW-HAMPSHIRE. lOS pains to propagate the gofpel among the na- tives, and bring them to a civilized way of living, which, with refpect to fome, proved effectual ; others refufed to receive the mif- fionaries, and remained obftinately prejudic- ed againll the Englifh. Yet the obje(fl of their hatred was at the fame time the objedl of their fear ; which led them to forbear adls of hoftility, and to preferve an outward ihew of friendfliip, to their mutual intereft. Our hiftorians have generally reprefented the Indians in a moll odious light, efpecially when recounting the efFedls of their feroci- ty. Dogs, caitiffs, mifcreants and hell-hounds, are the politeft names which have been given them by fome writers, who feem to be in a palTion at the mentioning their cruelties, and NarraTive* at other times fpeak of them with contempt. JJj^ , Whatever indulgence may be allowed to Magnaiia thofe who wrote in times when the mind was vexed with their recent depredations and inhumanities, it ill becomes us to cherifh an inveterate hatred of the unhappy natives. Religion teaches us a better temper, and pro- vidence has now put an end to the contro- verfy, by their almoft total extirpation. We fhould therefore proceed with calmnefs in recollecting their paft injuries, and forming our judgment of their character. It muft be acknowledged that human de- pravity appeared in thefe unhappy creatures in a moft Ihocking view. The principles of education and the refinements of civilized life either lay a check upon our vicious propen- fities, or difguife oar crimes ; but among them human wickednefs was fecn in its nak- ed deformity. Yet, bad as they were, it will 104 HISTORY OF be difficult to find them guilty of any crime which cannot be paralleled among civilized nations. They are always defcribed as remarkably cruel ; and it cannot be denied that this dif^ pofition indulged to the greatefh excefs, llrongly marks their character. We are ilruck with horror, when we hear of their binding the vicftim to the ftake, biting off his nails, tearing out his hair by the roots, pul- ling out his tongue, boring out his eyes, flicking his fldn full of lighted pitch-wood, half roafting him at the fire, and then mak- ing him run for their diverfion, till he faints and dies under the blows which they give him on every part of his body. But is it not as dreadful to read of an unhappy wretch, fewed up in a fack full of ferpents and thrown into the fea, or broiled in a red hot iron chair ; or mangled by lions and tygers after having fpent his flrength to combat them for the diverfion of the fpedlators in an amphitheatre ? and yet thefe were pun- ifliments among the Romans in the politefl ages of the empire. What greater cruelty is there in the American tortures, than in con- fining a man in a trough, and daubing him with honey that he may be fi:ung to death by wafps and other venomous infe(5ls ; or flea- ing him alive and flretching out his fkin be- fore his eyes, which modes of punilhment were not inconfiflent with the foftnefs and elegance of the ancient court of Perfia ? or, to come down to modern times ; what great- er mifery can there be in the Indian execu- tions, than in racking a prifoner on a vfheel, and breaking his bones one by one with an NEW-HAMPSHIRE. 105 iron bar ; or placing his legs in a boot and driving in wedges one after another ; which tortures are ftill, or have till lately been ufed in fome European kingdoms ? I forbear to name the torments of the inquifition, be- caufe they feem to be beyond the ilretch of human invention. If civilized nations, and thofe who profefs the mofl merciful religion that ever blefTed the world, have pradlifed thefe cruelties, what could be expedled of men who were ftrangers to every degree of refinement either civil or mental ? The Indians have been reprefented as re- vengeful. When any perfon was killed, the neareft relative thought himfelf bound to be the avenger of blood, and never left feeking, till he found an opportunity to execute his purpofe. Whether in a ftate, where govern- Numbers ment is confefTedly fb feeble as among them, 19. fuch a conduct is not juflifiable, and even ^"^T?" countenanced by the Jewifh law may deferve v. 12. our confideration. The treachery with which thefe people are juftly charged, is exadlly the fame difpofition which operates in the breach of folemn trea- ties made between nations which call them- felves chriftian. Can it be more criminal in an Indian, than in an European, not to think himfelf bound by promifes and oaths extort- ed from him when under durefs ? Th-QiY jealoufy and hatred of their Englilh neighbours may eafily be accounted for, if we allow them to have the fame feelings with ourfelves. How natural is it for us to form a difagreeable idea of a whole nation, from the bad condu(5l of fome individuals with whom v^e are acquainted ? and though others o 106 HISTORY a of them may be of a different charader, yet will not that prudence which is efteemed a virtue, lead us to fufpe<5l the fairefl appear- ances, as ufed to cover the moft fraudulent defigns, efpecially if pains are taken by the moft politic among us, to foment fuch jeal- oufies to fubferve their own ambitious pur- pofes ? Though the greater part of the Englifh fettlers came hither with religious views, and fairly purchafed their lands of the Indians, yet it cannot be denied that fome, efpecially in the eaftern parts of New-England, had lu- crative views only ; and from the beginning ufed fraudulent methods in trade with them. Such things were indeed difallowed by the government, and would always have been punifhed if the Indians had made com- plaint : but they knew only the law of re- taliation, and when an injury was received, it was never forgotten till revenged. En- croachments made on their lands, and fraud committed in trade, afforded fuihcient grounds for a quarrel, though at ever fo great a length of time ; and kept alive a per- petual jealoufy of the like treatment again*. 1675. Such was the temper of the Indians of New-England when the firft general war be- gan. It was thought by the Englifli in that day, that Philip, fachem of the Wompanoags, a crafty and afpiring man, partly by intrigue, and partly by example, excited them to fuch * Mons. du Pratz gives nearly the same account of the Indians on the Missisippi. " Tliere needs notliing bvit prudence and good sense to per- " suade these people to what is reasonable, and to preserve their iViendship " without interruption. We may safely affirm, that the differences we havt " had with them have been more owinj^ to tlie French than to them. When ** they are treated insolently, or oppressively, tliey have no less sensibility o; " injuries tlian others." History of Loaisiana, lib. 4. cap. 3 NEW-HAMPSHIRE, 107 a general combination. He was the fon of 1675. MafTafToiec, the neareft fachem to the colony of Plymouth, with whom he had concluded a peace, which he maintained more through fear than good will, as long as he lived. His fon and immediate fucceflbr Alexander, pre- ferved the fame external fhew of rriendfhip ; but died with choler on being detected in a plot againfh them. Philip, it is faidjdiffembled his hofliie purpofes ; he was ready, on every fufpicion of his infidelity, to renew his fub* million, and teftify it even by the delivery of his arms, till he had fecretly infufed a cruel jealoufy into many of the neighbour- ing Indians ; which excited them to attempt the recovering their country by extirpating the nevsT poffeflbrs. The plot, it is faid, was difcovered before it was ripe for execution ; and as he could no longer promife himfelf fecurity under the maili of friendfhip, he was conftrained to fhew himfelf in his true char^ acfler, and accordingly began hoftilities upon the plantation of Swanzy, in the colony of Plymouth, in the month of June 1675. Notwithftanding this general opinion, it may admit of fome doubt, whether a fingle • fachem, whofe authority was limited, could have fuch an extenlive influence over tribes fo remote and unconnedled with him as the eaitern Indians ; much more improbable is it, that thofe in Virginia fhould have joined in the confederacy, as it hath been intimated. The Indians never travelled to any greater ^^^i^g**^ diflance than their hvmting required ; and page 12. ' fo ignorant were they of the geography of their country, that they imagined New-Eng- Hist, n.e land to be an ifland, and could tell the napfie "^''' '^^^ 108 HISTORY Of 1675. of an inlet or ftreight by which they fup- pofed it was feparated from the main land* But what renders it more improbable that Philip was fo a(5live an inftrument in excit- ing this war, is the conftant tradition among the pofterity of thofe people who lived near him, and were familiarly converfant with him, and with thofe of his Indians who fur- vived the war : which is, that he was forced on by the fury of his young men, forely againfl his own judgment and that of his chief counfellors ; and that as he forefaw that the Englifli would, in time, eftablifti themfelves and extirpate the Indians, fo he thought that the making war upon them would only haflen the deftru<5lion of his own people. It was alw^ays a very common, and fometimes a juft excufe with the Indians, when charged with breach of faith, that the old men were not able to reftrain the younger from fignalizing their valour, and gratifying their revenge, though they difap- proved their rafhnefs. This want of reftraint was owing to the weaknefs of their govern-^ ment ; their fachems having but the Ihadow of magiftratical authority. caiiender's The inhabitants of Briftol fhew a particu- lar fpot where Philip received the news of the firft Englifhmen that were killed, with fo much forrow as to caufe him to weep ; a few days before which he had refci'ied one who had been taken by his Indians, and privately fent him home. Whatever credit may be given to this account, fo different from the current opinion, it muft he owned, that in fuch a feafon of general confafion as the firlt war occafioncd, fear and jealouly might Century ?prn;Qn, p. NEW-HAMPSHIRI. 109 create many fufpicions, which would foon 1675. be formed into reports of a general confede- racy, through Philip's contrivance ; and it is to be noted that the principal hiftories of this war, [Increafe Mather's and Hubbard's] were printed in 1676 and 1677, when the ftrangeft reports were eafily credited, and the people were ready to believe every thing that was bad of fo formidable a neighbour as Philip. But as the facfl cannot now be precifely afcertained, I ihall detain the reader no longer from the real caufes of the war in thefe e after n parts. There dwelled near the river Saco a far ^o'g^S chem named Squando, a noted enthufiaft, a leader in the devotions of their religion, and one that pretended to a familiar intercourfe with the invifible world. Thefe qualifica- tions rendered him a perfon of the higheft dignity, importance and influence among all the eaftern Indians. His fquaw pafling a- long the river in a canoe, with her infant child, was met by fome rude failors, who ha- ving heard that the Indian children could fwim as naturally as the young of the brutal kind, in a thoughtlefs and unguarded hu- mour overfet the canoe. The child funk, and the mother inftantly diving fetched it up alive, but the child dying foon after, its death was imputed to the treatment it had received from the feamen ; and Squando was jfo provoked that he conceived a bitter antipathy to the Englifh, and employed his great art and influence to excite the Indians againft them. Some other injuries were al- ledged as the ground of the quarrel ; and, Libf?^]^ coniidcring the interefted views and irregu- ^^' 110 HISTORY OI 1675, gular lives of many of the eaftern fettlers, their diftance from the feat of government, and the want of due fubordination among them, it is not improbable that a great part of the blame of the eaftern war belonged to them. The firft alarm of the war in Plymouth colony fpread great confternation among the diftant Indians, and held them a while in fufpence what part to acl ; for there had been a long external friendfliip fubfifting between them and the Englifh, and they were afraid of provoking fo powerful neigh- bours. But the feeds of jealoufy and hatred had been fo effecflually fown, that the crafty and revengeful, and thofe who were ambi- tious of doing fome exploits, foon found means to urge them on to an open rupture ; fo that within twenty days after Philip had begun the war at the fouthward, the flame Bubtard, broke out in the moft northeafterly part of the country, at the diftance of two hundred miles. The Englifli inhabitants about the river Kennebeck, hearing of the infurrecSlion in Plymouth colony, determined to make trial of the. fidelity of their Indian neighbours, by requefting them to deliver their arms. They made a fliew of compliance ; but in doing it, committed an a<5l of violence on a French- man, who lived in an Englifti family ; which being judged an offence, both by the Eng- lifh and the elder Indians, the offender was leized ; but upon a promife, with fecurity, for his future good behaviour, his life wa:^ fpared, and fome of them confented to re 'J^EW-HAMPSHIRE. Ill main as hoflages ; who foon made their 1675. efcape, and joined with their fellows in rob- bing the houfe of Purchas, an ancient plan- ter at Pechypfcot. The quarrel being thus begun, and their natural hatred of the Englifh, and jealoufy of their defigns, having rifen to a great height under the malignant influence of Squando and other leading men ; and being encourag- ed by the example of the weftern Indians, who were daily making depredations on the colonies of Plymouth, and MafTachufetts ; they took every opportunity to rob and mur- der the people in the fcattered fettlements of the province of Maine ; and having difperf- ed themfelves into many fmall parties, that they might be the more extenfively mif- chievous, in the month of September they approached the plantations at Pafcataqua, and made their firft onfet at Oyfter river then a part of the town of Dover, but now Durham. Here they burned two houfes belonging to ^1^^^^^^ two perfons named Chefley, killed two men page 18^^ in a canoe, and carried away two captives ; both of whom foon after made their efcape. About the fame time a party of four laid in ambulh near the road between Exeter and Hampton, where they killed one, and took another, who made his efcape. Within a few days an allkult was made on the houfe of one Tozer at Newichwannock, wherein were fifteen women and children, all of whom, except two, were faved by the intre- pidity of a girl of eighteen. She firfl feeing the Indians as they advanced to the houfe, lliut the door and flood againfl it, till the others efcaped to the next houfe, which wa§ 112 HISTORY OF 1675. better fecured. The Indians chopped the door to pieces with their hatchets, and then entering, they knocked her down, and leav- ing her for dead, went in purfuit of the others, of whom, two children, who could not get over the fence, fell into their hands. The adventurous heroine recovered, and was perfectly healed of her wound. The two following days they made feveral appearances on both iides of the river, uiing much infolence, and burning two houfes and three barns, with a large quantity of grain. Some fliot were exchanged without efFecft, and a purfuit was made after them into the woods by eight men, but night obliged them to re- turn without fuccefs. Five or fix houfes were burned at Oyfter river, and two more men killed. Thefe daily infults could not be borne without indignation and reprifal. About twenty young men, chiefly of Dover, obtained leave of Major Waldron, then com- Hubbard i^^uder of the militia, to try their fkill and courage with the Indians in their own way. Having fcattered themfelves in the woods, a fmall party of them difcovered five Indians in a field near a deferted houfe, fome of whom were gathering corn, and others kind- ling a fire to roafh it. The men were at fuch a diftance from th^ir fellows that they could make no fignal to them without danger of a difcovery ; two of them, therefore, crept along filently, near to the houfe, from whence they , . fuddenly ruilied upon thofe two Indians, who were bufy at the fire, and knocked them down with the butts of their guns ; the other three took the alarm and efcapefi NEW-HAMPSHIRE. 113 All the plantations at Pafcataqua, with the 1675. whole eaftern country, were now filled with fear and confniion : Bufinefs was fufpended, and every inan was obliged to * provide for his own and his family's fafety. The only way was to defert their habitations, and re- tire together within the larger and more con- venient houfes, which they fortified with a timber v^rajl and flankarts, placing a centry- box on the roof. Thi\s the labour of the field was exchanged for the duty of the gar- rifon, and they who had long lived in peace and fecurity were upon their guard night and day, fubjedl to continual alarms, and the moll fearful apprehenfions. The feventh of Ocftober was obferved as a day of fafling and prayer ; and on the fix- teenth the enemy made an affault upon the inhabitants at Salmon-falls, in Berwick. Lieutenant Roger Plaifted, being a man of true courage and of a public fpirit, immedi- ately fent out a party of feven from his gar- rifon to make difcovery. They fell into an ambufh ; three were killed, and the reft re- treated. The Lieutenant then difpatched an exprefs to Major Waldron and Lieutenant CofKn at Cochecho, begging m.oft importu- nately for help, which they were in no ca- pacity to afford, confidently with their own fafety. The next day Plaifled ventured out with twenty men, and a cart to fetch the dead bodies of their friends, and unhappily fell into another ambufh. The cattle affrighted ran back, and Plaifled being deferted by his men, and difdaining either to yield or fly, was killed on the fpot, with his eldeft fon and one more : his other fon died of his P 114 HISTORY OF 1675. wound in a few weeks. Had tlie lieroifm of this worthy family been imitated by the reft of the party, and a reinforcement arriv- ed in feafon, the enemy might have received fuch a fevere check as would have prevented them from appearing in fmall parties. The gallant behaviour of Plaifted, though fatal to himfelf and his fons, had this good effedl, Hubbard, that the enemy retreated to the woods ; and p. 24. ^i^Q next day Captain Froft came up with a party from Sturgeon creek, and peaceably buried the dead : But before the month had expired a mill was burned there, and an af- fault made on Froft's garrifon, who though he had only three boys with him, kept up a conftant fire, and called aloud as if he were commanding a body of men, to march here and fire there : the ftratagem fucceeded, and the houfe was faved. The enemy then pro- ceeded down the river, killing and plunder- ing as they found people off their guard, till they came oppofite to Portfmouth ; from whence fome cannon being fired they dif- perfed, and were purfued by the help of a* light fnow which fell in the night, and were overtaken by the fide of a fwamp, into which they threw themfelves, leaving their packs and plunder to the purfuers. They foon af- ter did more mifchief at Dover, -Lamprey river and Exeter ; and with thefe fmall, but irritating af faults and fkirmiflies, the autumn was fpent until the end of November ; when the number of people killed and taken from Kennebeck to Pafcataqua amounted to up- wards of fifty. The Mallachufetts government being ful- ly employed in defendhig the fouthern and NEW-HAMPSHIRE. 115 weftern parts, could not feafonably fend fuc- 1675. cours to the eaftward. Major General Deni- fon, who commanded the militia of the colo- ny, had ordered the majors who commanded the regiments on this fide of the country, to draw out a fufficient number of men to re- duce the enemy, by attacking them at their retreat to their head-quarters at OfTapy and Pigwacket. But the winter fetting in early and fiercely, and the men being unprovided with rackets to travel on the fnow, which by the tenth of December was four feet deep in the woods, it was impollible to execute the defign. This peculiar feverity of the feafon however proved favourable. The Indians were pinched with famine, and having loft by their own confeflion about ninety of their number, partly by the war, and partly for want of food, they were reduced to the neceflity of fuing for peace. With this view they came to Major Waldron, expreiling great forrow for what had been done, and promifing to be quiet and fubmiffive. By his mediation a peace was concluded with the whole body of eaftern Indians, which continued till the next Auguft ; and might have continued longer, if the inhabitants of the eaftern parts had not been too intent on private gain, and of a difpofition too ungov- ernable to be a barrier againft an enemy fb writable and vindictive. The reftoration of the captives made the peace more pleafant : A return from the dead could not be more welcome than a deliverance from Indian cap-^ rivity. The war at the fouthward, though renew- i ^p^^^ ^(^ in the fprkig, drew toward a clofe. Philip's p. 44 116 - HISTORY OF 1676. afFairs were defperate ; many of his allie.*r and dependents forfook him ; and in the churdi's nionth of Augufl he was flain by a party Memoirs, under Captain Church. Thofe weftern In dians who had been engaged in the war, now fearing a total extirpation, endeavoured to conceal themfelves among their brethren of Penacook who had not joined in the war, and with thofe of OfTapy and Pigwacket who had made peace. But they could not fo dif- guife themfelves or their behaviour as to efcape the difcernment of thofe who had been converfant with Indians. Several of them were taken at different times and de- livered up to public execution. Three of them, Simon, Andrew and Peter, who had been concerned in killing Thomas Kimbal of Bradford, and captivating his family, did, within fix weeks voluntarily relfore the woman and five children. It being doubted whether this a6l of fubmiffion was a fufhcient atonement for the murder, they were com- mitted to Dover prifon till their cafe could be confidered. Fearing that this confine- ment was a prelude to farther puniihment, they broke out of prifon, and going to the eaftward, joined with the Indians of Kenne- Leck and Amorifcogin in thole depredations which they renewed on the inhabitants of thofe parts, in Auguil, and were afterward adlive in dillrefhng the people of Pafcataqui^. This renewal of hoftilities occafioned the lending of two compaiiiey to the eaftward under Captain Jofeph By 11, and Captain Wil- liam Plawthorne. In the courfi of their march they came to Cochecho, on the lixth o£ September, wliere four hundred mixed NEW-HAMPSHIRE. 117 Indians were met at the houfe of Major 1676. Waldron, with whom they had made the peace, and whom they confidered as their friend and father. The two captains would have fallen upon them at once, having it in their orders to feize all Indians, who had been concerned in the war. The major dif- fuaded them from that purpofe, and contriv- ed the following flratagem. He propofed to the Indians, to have a training the next day, and a Iham fight after the Englifh mode ; and fummoning his own men, with thofe under Capt. Frofl of Kittery, they, in conjunction with the two companies, formed one party, and the Indians another. Having diverted them a while in this manner, and caufed the Indians to fire the firft volley ; by a peculiar dexterity, the whole body of them (except two or three) were furrounded> before they could form a fufpicion of what was intended. They were immediately feiz- ed and difarmed, without the lofs of a man on either fide. A feparation was then made * Wonolanfet, with the Penacook Indians, and others who had joined in making peace the winter before, were peaceably difmilfed ; but the ftrange Indians, (as they were called) who had iied from the fouthward and taken refuge among them, were made prifoners, to the number of two hundred ; and being fent to Boflon, feven or eight of them, who were known to have killed any Engliflimen, were condemned and hanged ; the reft were fold into fiavery in foreign parts. This action was highly applauded by the general voice of the colony ; as it gave them opportunity to deal with their enemies 118 HISTORY Of 1676. in a judicial way, as rebels, and, as they imagined, to extirpate thofe troublefome neighbours. The remaining Indians, how- ever, looked upon the condvi6l of Major Waldron as a breach of faith ; inafmuch as they had taken thofe fugitive Indians under their protection, and had made peace with him, which had been ftridtly obferved with regard to him and his neighbours, though it had. been broken elfewhere. The Indians had no idea of the fame government being extended very far, and thought they might make peace in one place, and war in anoth- er, without any imputation of infidelity ; but a breach of hofpitality and friendfhip, as they deemed this to be, merited, according to their principles, a fevere revenge, and was never to be forgotten or forgiven. The. major's fituation on this occafion was indeed extremely critical ; and he could not have a(5led either way without blame. It is faid that his own judgment was againfl any forcible meafure, as he knew that many of thofe Indians were true friends to the colo- ny ; and that in cafe of failure he Ihould ex- pofe the country to their refentment ; but had he not aififted the forces in the execu- tion of their commiilion, (which was to feize all Indians who had been concerned with Philip in the war) he mufl have fallen under cenfure, and been deemed acceffary, by his negleCl, to the mifchiefs v;hich might after- ward have been perpetrated by them. In this dilemma he finally determined to com- ply with the orders and expedlations of gov- ernment ; imagining that he fliould be able Xo iatisfv thofe of the Indians whom he in- NEW-HAMPSHIRE. 119 tended to difmiis, and that the others would 1676. be removed ont of the way of doing any fur- ther niifchief ; but he had no fufpicion that he was laying a fnare for his own life. It was unhappy for him, that he was obliged in deference to the laws of his country, and the orders of government, to give offence to a people who, having no public judicatories and penal laws among themfelves, were una- ble to diflinguifli between a legal punifhment and private malice*. Two days after this furprifal, the forces proceeded on their route to the eaftward, being joined with fome of Waldron's and Froft's men ; and taking with them Blind Will, a fagamore of the Indians who lived about Cochecho, and eight of his people for pilots. The eaftern fettlements were all ei- ther deflroyed or deferted, and no enemy was to be feen ; fo that the expedition proved fruitlefs, and the companies returned to Paf^ cataqua. It was then thought advifeable, that they fhould march up toward the Oflapy ponds ; where the Indians had a ftrong fort of tim- ber fourteen feet high, with flankarts ; which they had a few years before hired fome Eng- lifh carpenters to build for them, as a de- fence againft the Mohawks, of whom they were always afraid. It was thought that if the Indians could be furprized on their firft return to their head-quarters, at the begin- * The above account of the seizure of the Indians is given from the most authentic and credible tradition that could be obtained within the last sixteen years, from tlie posterity of those persons who were concerned in the ailair. It is but just mentioned by Hubbard and Mather, and not in connexion with Its consequences. Neal, for want of better information, has given a wrong turn to the relation, and so l»as Wynne, who copies from him. Hutchinsoii has not mentioned it at all. 1:20 HISTORY OF 1676. ning of winter, fome confiderable advantage might be gained againft them ; or if they had not arrived there, that the provifions, which they had laid in for their winter fubliftence, might be deftroyed. Accordingly, the com- panies being w^ell pi'ovided for a march at 1; that feafon, fet off on the firft of November ; and after travelling four days through a rug- ged, mountainous wildernefs, and crofTmg feveral rivers, they arrived at the fpot ; but found the fort and adjacent places entirely deferted, and faw not an Indian in all the way. Thinking it needlefs for the wdiole body to go further, the weather being fevere, and the fnow deep, a feledl party was detached eighteen or twenty miles above ; who difcov- ered nothing but frozen ponds, and fnowy mountains ; and fuppofing the Indians had taken up their winter quarters nearer the fea, they returned to Newichwannock, with?- in nine days from cneir firfl departure. They had been pr .mpted to undertake this expedition by the faife accounts brought by Mogg, an Indian of Penobfcot, who had come in to Pafcataqua, with a propofal of peace ; and had reported that an hundred In- dians were ailembled at OiTapy. This Indian brought with him two men of Portfmouth, Fryer and Kendal, who had been taken on board a veffel at the eaflward ; he w^as de- puted by the Penobfcot tribe to confent to articles of pacification ; and being fent to Boflon, a treaty was drawn and fubfcribed by the governor and magi Urates on the one part, and by Mogg on the other ; in which it was flipulated, that if the Indians of the other tribes did not agree to this tranfac^ion, NEW-HAMPSHIRE. ' 121 and ceafe hoflilities, they ihould be deemed 167^» and treated as enemies by both parties. This treaty was iigned on the fixth of November ; Mogg pledging his life for the fulfilment of it. Accordingly, veffels being fent to Pe- nobfcot, the peace was ratified by Madoka- wando the fachem, and two captives were re- flored. But Mogg, being incautioufly per- *niittcd to go to a neighbouring tribe, on pre- tence of perfuading them to deliver their captives, though he promifed to return in three days, was feen no more. It was at firft thought that he had been facrificed by his countrymen, as he pretended to fear when he left the velTels ; but a captive -who efcaped in January gave a different account of him ; 1677. that he boafled of having deceived the Eng- lifh, and laughed at their kind entertainment of him. There was alfo a defign talked of among them to break the peace in the fpring, and join with the other Indians at the eaft- ward in ruining the fifhery. About the fame time it was difcovered that fome of the Narr- haganfet Indians were fcattered in the eaft- ern parts ; three of them having been decoy- ed by fome of the Cochecho Indians into their wigwams, and fcalped, were known by the cut of their hair. This raifed a fear in the minds of the people, that more of them might have found their way to the eaflward, and would profecute their revenge againft them. From thefe circumftances it was fufpedled, that the truce would be but of fhort continvi- ance. The treachery of Mogg, who was fure- ty for the performance of the treaty, was deemed a full juftification of the renewal of Q 122 HISTORY Of 1677. hoftilities ; and the ftate of things was, by fome gentlemen of Pafcataqua, reprefented to be fo dangerous, that the government de- termined upon a winter expedition. Two hundred men, including fixty Natick Indians, were enlifted and equipped, and failed from Boflon the firft week in February, under the command of Major Waldron ; a day of prayer having been previovilly appointed for the fuccefs of the enterprize. At Cafco the major had afruitlefs confer- ence, and a flight fkirmilh with a few Indians, of whom fome were killed and wounded. At Kennebeck he built a fort, and left a gar- rifon of forty men, under the command of Captain Sylvanus Davis. At Pemaquid he had a conference with a company of Indians, who promifed to deliver their captives on the payment of a ranfom : Part of it being paid, three captives were delivered, and it was agreed that the conference lliould be renew- ed in the afternoon, and all arms be laid afide. Some fufpicion of their infidelity had arifen, and when the major went alliore in the af- ternoon with five men, and the remainder of the ranfom, he difcovered the point of a lance hid under a board, which he drew out and advanced with it toward them ; charg- ing them with treachery in concealing their arms fo near. They attempted to take it from him by force ; but he threatened them with inftant death, and waved his cap for a {ignal to the vefiTels. While the reft were coming on fliore, the m.ajor with his five men fecured the goods : Some of the Indiant^ fnatching up a bundle of guns which they had hid, ran away : Captain Froft, who was NEW-HAMPSHIRE. 12$ one of the five, feized an Indian, who was 1677. well known to be a rogue, and with Lieuten- ant Nutter, carried him on board. The ma- jor fearching about found three guns, with which he armed his remaining three men ; and the reft being come on fhore by this time, they purfued the Indians, killed feveral of them before they could recover their canoes, and after they had pufhed off, funk one with , five men, who were drowned ; and took four prifoners, with about a thoufand pounds of dried beef, and fome other plunder. The whole number of the Indians was twenty- five. Whether the cafual difcovery of their arms, which they had agreed to lay afide, was fuf- ficient to juftify this feverity, may be doubt- ed ; iince, if their intentions had really been hoflile, they had a fine opportunity of am* bufhing or feizing the major and his five at- tendants, who came afhore unarmed ; and it is not likely that they would have waited for the reft to come afliore before they open- ed the plot. Poflibly, this fudden fufpicion might be groundlefs, and might inflame the prejudice againft the major, which had been already excited by the feizure of their friend§ at Cochecho fome time before. On the return of the forces, they found fome wheat, guns, anchors and boards at Kennebeck, which they took with them. They killed two Indians on Arrowfick Ifland, who, with one of the prifoners taken at Pe-^ maquid, and fliot on board, made the num- ber of Indians killed in this expedition thirteen. They returned to Bofton on the eleventh of March, without the lofs of a man, 1^4 HISTORY Of 1677. bringing with them the bones of Captain Lake, which they found entire in the place where he was killed*. There being no profpedl of peace at the eaftward, it became necefTary to maintaii^ great circumfpedlion and refolution, and to make ttfe of every poflible advantage againft the enemy. A long and inveterate animofi- ty had fubfifled between the Mohawks and the eaftern Indians, the original of which is not mentioned, and perhaps was not knoWn *by any df our hifborians ; nor can the oldefl men among the Mohawks at this day give any account of it. Thefe Indians were in ^ ftate of friendlhip with their Englifh neigh- bours ; and being a fierce and formidable "" race of men, their name carried terror where cv€r it was known. It '^vas now thoughtj that if they could be induced to profecute their ancient quarrel with the eaftern Indi- ans, the latter might be awed into peace, or incapaciated for any farther mifchief. The propriety of this meafure became a fubje<5l of debate ; fome queftioning the lawfulnefs of making ufe of their help, " as they were heathen ;" but it was urged in reply, that Abraham had entered into a confederacy with the Amorites, among whom he dwel- led, and made ufe of their aihftance in re- covering his kinfinan Lot from the h;inds of their common enemy. AVith this argu- ment the objecflors were fatisfied ; and two meffengers, Major Pynchon of Springfield, * liere tnds Hubbard's printed Narrative. Tne account of tlic remaindev of this war is tciken from liis MS hlstorj-, frcni sundry orig^ina! letters, and copits cf letters, and Irom a MS jo'.irnal found in Prince's collection, and y supposcil lo V.uvc bi .Ti vvrittfr.'b;- C..[it.-iin La-A's'ic^ lli'.nraond of Cbaries GenesiG. clinp. 14 NEW-HAMPSHIRIE. 125 and Richards of Hartford were difpatched 1677. to the country of the Mohawks ; who treat- ed them with great civility, expreffed the moft bitter hatred againft the eaftern enemy, ^^^^-2. and promifed to purfue the quarrel to the ry- utmoll of their power. Accordingly fome parties of them came down the country about the middle of March, and the firft alarm was given at Amufkeeg falls ; where the fon of Wonolanfet being hunting, difcovered fifteen Indians on the other lide, who called to him in a language which he did not underfland ; upon which he fled, while they fired near thirty guns at him without efFedl. Prefently after this they were difcovered in the woods near Cochecho. Major Waldron fent out eight of his Indians whereof Blind Will was one, for farther in- formation. They were all furprized togeth- ms jour-- er by a company of the Mohawks ; two or 30; three efcaped, the others were either killed or taken : Will was dragged away by his hair ; and being wounded, perifhed in the ^ woods, on a neck of land, formed by the con- fluence of Cochecho and Ifing-glafs rivers, which flill bears the name of Blind Will's Neck. This fellow was judged to be a fecret enemy to the Englifli, though he pretended much friendflilp and refpecfl ; fo that it was impofliblc to have puniflied him, without provoking the other neighbouring Indians, with whom he lived in amity, and of whofe fidelity there was no fufpicion. It was at firfl: Hubbard's 1 i r • CL 11 MS Hisr thougnt a lortunate circumitance that he was killed in this manner ; but the confequence proved it to be otherwife ; for two of thofe vvlio were taken with him efcaping, reported 126 ' HISTORY OF 1677. that the Mohawks threatened deftrudtion ta MS Jour- ^^^ ^^^ Indians in thefe parts without dif- naj. tincflion : So that thofe who lived in fubjec- tion to the Englifli grew jealous of their fin- cerity, and imagined, not without very plau^ fible ground, that the Mohawks had been perfuaded or hired to engage in the war, on purpofe to deflroy them ; fince they never adlually exercifed their fury upon thofe In- dians who were in hoftility with the Englilh, but only upon thofe who were in friendfhip with them ; and this only in fuch a degree as to irritate, rather than to weaken or dif- trefs them. It cannot therefore be thought ftrange that the friendly Indians were alien- ated from their Engliih neighbours, and dif- pofed to liften to the feducing ftratagems of the French ; who in a few years after made ufe of them in conjundlion with others, fore- ly to fcourge thefe unhappy people. The Englifli, in reality, had no luch defign ; but the event proved, that the fcheme of engag- ing the Mohawks in our quarrel, however lawful in itfelf, and countenanced by the ex- ample of Abraham, was a pernicious fource of innumerable calamities. The terror which it was thought this in- curfion of the Mohawks would ftrike into the eaitern Indians was too fmall to prevent their j'cnewing hoftilities very early in the fpring. Some of the garrifon who had been left at Kennebeck were furprifed by an ambulh, as they were attempting to bury the dead bodies of their friends, who had been killed the summer before, and had lain under thefnow ??'''''' 3.11 winter. The remainder of that garrifon were then taken off and conveyed to Pafcata-- NEW-HAMPSHIRE. 127 t|Ua ; whither a company of fifty men and 1677. ten Natick Indians marched, under Captain Swaine, to fucconr the inhabitants, who were alarmed by fcattered parties of the enemy, killing and taking people, and burning houf- es in Wells, Kittery, and within the bounds of Portfmouth*. A young woman who was taken from Rawling's houfe, made her ef- cape and came into Cochecho, informing where the enemy lay : Three parties were ^p"^^- difpatched to ambufh three places, by one of which they muft pafs : The eneiny appear- ing at one of thefe places, were feafonably difcovered ; but by the too great eagernefs of the party to fire on them, they avoided the ambulh and efcaped. Soon after this the garrifons at Wells and Black Point were befet, and at the latter place the enemy loft their leader Mogg, who had proved fo treacherous a negotiator. Upon his death they fled in their canoes, fome to the eaftward and others toward York, where they alfo did fome mifchief. On a fabbath May 97. morning, a party of twenty, under the guid- ance of Simon, furprized fix of our Indians, who lay drunk in the woods, at a fmall dis- tance from Portfmouth ; they kept all day hovering about the town, and if they had taken advantage of the people's abfence from home, in ^attending the public worfhip, they might eafily have plundered and burned the outmoft houfes ; but they were providential- ms Lett» ly reftrained. At night they croffed the riv- m^Jj.. * The following' extract from the before mentioned Journal, shews some- lliing of the spirit of the times. " April 16. Tlie house of John Keniston was burnt and he killed at * Greenland. The Indians are Simon, Andrew and Peter, those three wc had in prision, and should have killed. The good Lord pardon us." 12S. HISTORY OF 1677, er at the Long Reach, killed fome fheep a«e: Kittery, and then went toward Wells ; but, bemg afraid of the Mohawks, let their prif- oners go. Four men were foon after killed at North Hill, one of whom was Edward Cokott, whofe death was much regretted. More mifchief being expedled, and the eaftern fettlements needing affiftance, the government ordered two hundred Indians of Natick, with forty Englifli foldiers, under Captain Benjamin Swett of Hampton, and Lieutenant Richardfon, to march to the falls of Taconick on Kennebeck river ; where it. was faid the Indians had fix forts, well fur- j^] nifhed with ammunition. The veflels came to an anchor off Black Point ; where the cap- tain being informed that fome Indians had been {eeUy went on fhore with a party ; and being joined by fome of the inhabitants, fo as to make about ninety in all, marched to ieek the enemy ; who fhewed themfelves on a plain in three parties. Swett divided his men accordingly, and went to meet them. The enemy retreated till they had drawn our people two miles from the fort, and then turning fuddenly and violently upon them, threw them into confufion, they being mofl- ly young and unexperienced foldiers. Sweet, with a few of the more refolute, fought bravely on the retreat, till he came MS Letter ^q.^j- ^j^g foj-j- whcu he was killed ; fixty nf Mr. ' ^ GookihoE more were left dead or wounded, and the Hampton. j.g^ g^^ .^^^ ^j^g ^^^^^ rj^j^g victorious fav- ages then furprized about twenty fiiliihg vefTels, which put into the eaftern harbours by night ; the crews, not being apprehen- sive of danger on the water, fejl an eafy prey NEW-HAMPSHIRB. 12^ to them. Thus the fummer was fpent with 1677. terror and perplexity on our part ; while the „ ,, ,, • J • 1 1 -11 1 1 J Hubbard's enemy rioted without control, till they had ms Hist, fatiated their vengeance, and greatly reduced the eaftern fettlements. At length, in the month of Auguft, Major A-z^-iMi An^^^, governor of New- York, fent a iloop with ibme forces to take poiTeilion of the la 'd which had been granted to the Duke of York, and build a fort at Pemaquid^ to defend the country againfl the encroach- me.n: of foreigners. Upon their arrival the Indians appeared friendly ; and in evidence of their pacific difpofition, reftored fifteen prifoners with the filhing veffels. They con- tinued quiet all the fucceeding autumn and winter, and lived in harmony with the new garrifon. In the Spring, Major Shapleigh of Kittery, 1678^ Caplain Champernoon and Mr. Fryer of Portfmouth, v/ere appointed commiffionerG to fettle a formal treaty of peace with Squan- ms. Jour- do and the other chiefs, which v;as done at \\] ' ^^ Cafco, whither they brought the remainder .of the captives. It was ftipulated in the treaty, that the inhabitants fhould return to their deferted fettlements, on condition of paying one peck of corn annually for each family, by v/ay of acknpwledgnient to the Indians for the pofFeflion of their lands, and one bufliel for Major Pendleton, who was a great proprietor. Thus an end was put to a tedious and diftreffing war, which had fub- -filled three years. The terms of peace were difgracefui, but not unjait, confidering the former irregular condudl of many of the .eaflern ietrkrN;, and the native propriety of R 130 HISTORY OF 1678. the Indians in the foil : Certainly they were now mailers of it ; and it was entirely at their option, whether the Englifh fhould re- turn to their habitations or not. It was there- fore thought better to live peaceably, though in a fort of fubjec^lion, than to leave fuch commodious fettlements and forego the ad- vantages of trade and fifliery, which were ve- ry confiderable, and by which the inhabi- tants of that part of the country had chiefly fnbfifted. It was a matter of great enquiry and fpe- culation how the Indians were fupplied with arms and ammunition to carry on this war. Hubbard's The Dutcli at New- York were too near the ?Smtive, Mohawks for the eaftern Indians to adventure page 82. tliitlier. The French in Canada were too feeble, and too much in fear of the Englifh, to do any thing which might dillurb the tranquility ; and there was peace between the two nations. It v\ras therefore fuppx)fed that the Indians had long premeditated the war, and laid in a frock beforehand. There had formerly been feverc penalties exacted by the government, on the felling of arms and aminunition to the Indians ; but ever fince 1657, licences had been granted to particu- lar perfons to fupply them occaiionally for the purpofe of hunting, on paying an ac- Randoiph'g kuowledgment to the public treafury. This in^'StcMn- indulgence, having been much abufed by son's col. fome of the eailern traders, who, far from papers, page * . , _ 492. the feat of government, were impatient of the rellraint of law, was fuppofcd to be the fource of the raiichief. But it was after- ward difcovered that the Baron de St. Cadine, .a reduced French othcer, who had married a NEW-HAMPSHIRE. 13l daughter of Madokawando, and kept a trad- 1678. ing houfe at Penobfcot, where he confidered himfelf as independent, being out of the lim- its of any ellablifhed government, was the perfon from whom they had their fupplies ; which needed not to be very great as they always hufbaaded their ammunition with'^^^'p'^^^- much care, and never expended it but when tliey were certain of doing execution. The whole burden and expence of this war, on the part of the colonies, were borne by themfelves. It was indeed thought ftiange by their friends in England, and re- fented by thofe in power, that they made no application to the king for affiftance. It was intimated to them by Lord Anglefey < that 2",f vd * his majefty was ready to aflifl them with i- p- sSsr, « fliips, troops, ammunition or money, if they * would but afk it ;' and their filence was CO iilrued to their difadvantage, as if they were proud, and obilinate, and defired to be coufidered as an independent ftate. They had indeed no inclination to afk favours from thence ; being well aware of the con- fequence of laying themfelves under obliga- tions to thofe who had been feeking to un- dermine their eilablifhment ; and remember- ing how they had been negleded in the late Dutch wars, when they flood in much great- er need of affiftance : The king had then fent ammunition to New- York, but had fent Hutchu., word to New-England, ' that they muft fhift 7-'5?t * for themfelves and make the beft defence * they could.' It was therefore highly inju- rious ^to blame them for not making applica- tion for help. But if they had not been fo ill U'eated, thev could not be charged with 132 HISTORY dF 1678. difrefpedl, iince they really did not need foreign affiftance. Ships of war and regular troops muft have been altogether ulblefs ; and no one that knew the nature of an Indian war could be ferious in propofing to fend them. Ammunition and money were necef- fary, but as they had long enjoyed a free trade, and had coined the bullion which they imported, there was no fcarcity of money, nor of any ftores which money could pur- chafe. The method of fighting with Indian^ could be learned only from themfelves : After a little experience, few men in fcatter- ed parties were of more fervice than the largefl and beft equipped armies which Eu- rope could have afforded. It ought ever to be remembered for the honor of New-Eng- land, that as their firft fettlement, fo their prefervation, increafe, and defence, even in their weakeft infancy were not owing to any foreign afTiftanee, but under God, to their own magnanimity and perfeverance. Our graved hiftorians have recorded ma- ny omens, predi6lions, and other alarming circumflances, during this and the Pequod war, v/hich in a more philofophieal and lefs credulous age would not be worthy of notice. When men's minds were rendered gloomy by the horrors of n furroundin,P " faid lands." Whereupon a letter was dif- patched to the Maffachufetts colony, requir- ^iicb 10. ji-^g t.iiem to lend over agents within fix months, fully empov/ered to anfv/er the com- plaints, which Mafon and the heirs of Gorges had made, of their ufurpingf jurifdidlion over the territories claimed by them j and to re- ceive the royal determination in that matter. Copies of the complaints v/ere inclofed ; and ¥.dward Randolph, a kinfinan of Mafo^i, a NEW-HAMPSHIRl?. 135 man o/ great addrefs and penetration, refo- 1676. lute and indefatigable in bufinefs, was charg- ed Vvdth the letters, and diredled by the Lords of Trade to make enquiry into the ftate of the country. When he arrived, he ''*'" '^ waited on Governor Leverett, who read the king's letter with the petitions of Mafon and Gorges in council, Randolph being prefent, Hutchin. who could obtain no other anfwer than that soir** ^* they would confid^r it." He then came into New-Hamplhire, and J"'y as he paiTed along, freely declared the bufi- nefs on which he was come, and. publickly read a letter which Mafon had fent to the in- habitants. Some of them he found ready to complain of the government, and defirous of a change ; but the body of the people were highly Qnraged againft him ; and the inhab- itants of Dover in public tow^n-meeting *pro- * tefted againft the claim of Mafon ; declar- * ed that they had bona fide purchafed their * lands of the Lidians ; recognized their sub- * jedlion to the government of MafFachufetts, * und^r Vv^hom they had lived long and hap- * pily, and by whom they were now afTifled * in defending their ellates and families a- * gainfl the favage enemy.' They appointed Major Waldron " to petition the king in " their behalf, that he would interpofe his *' royal authority and afford them his wont- *^ ed favor ; that they might not be diflurb- " ed by Mafon, or any other perfon, but "■ continue peaceably in poffefTion of their j^^^^, ^^ *' rights under the government of MafTachu- ords. '^^ fetts." A fimilar petition was fent by the inhabitants of Portfrnouth, who appointed Records, John Cutts and Richard Martyn, efqrs. Cap- ^^''*'* u 156 HISTORY OF 1&16* tains Daniel and Stileman to draught and forward it. When Randolph returned to Bofton, he had a fevere reproof from the governor, for publifhing his errand, and endeavour] lig to raife difcoritent among the people. To which jjiuchin. i^e made no other anfwer than that * if he fioi. pap. < Jiad done amifs, they might complain to * the king. After about fix weeks Itay, he went back to England and reported to the king, that *' he had found the whole country complain- " ing of the ufurpation of the magiftrates of " Bofton ; earneftly hoping and expecting that his majefty would not permit them any longer to be oppreifed ; but would " give them relief according to the promifes " of the commiflioners in 1665." With the fame bitterness of temper, and in the fame ibrain of mifreprefentation, he inveighed a^ gainft the government in a long report to the Lords of Trade ; which farther inflam- ed the prejudice that had long been conceiv- ed againft the colony, and prepared the way for the feparation which was meditated. After his departure, a fpecial council being fummoned, at which the elders of the church- es were prefent, the queflion was propofed to them, " whether the beft way of making anf- " wer to the complaints of Gorges and Mafon " about the extent of their patent, be by fend- " ing agents, or by v/riting only ?" To which " they anfwered, " That it was moft expedi- " to jfend^agents, to anfwer by way of infor- " mation, provided they were inftrucled with " nluch care and caution to negociate the af- "fair with fafety to the country, and loyalty NEV/-HAMPSHIICE. l&l •* to his majefty, in the prefervation of their 1676* " patent liberties." Accordingly William HutcHn. Stoughton, afterward lieutenant-governor, Hi?t.voi; and Peter Bulkley then fpeaker of the houfe ' **' of deputies, were appointed agents and fail- ed for England. At their arrival ail hearing was ordered 1677c before the lords chief juftices of the King's bench and common pleas ; when the agents in the name of the colony difclaimed all title of Aiien's to the lands claimed by the petitioner, and '^"^' ^' ^' to the jurifdidiion beyond three miles north- ward of the river Merrimack, to follow the conrfe of the river, fo far as it extended. The judges reported to the king ' that they * could give no opinion as to the right or * foil, in the privinces of NeW-Hamplhire ' and Maine, not having the proper parties ' before them ; it appearing that not the ' Malfachufetts colony, but the ter-tenants "^ had the right of foil, and whole benefit * thereof, and yet were not fummoned to de- ' fend their titles. As to Mafon*s right of *■ government within the foil he claimed, their * lordfhips, and indeed his own counfel, a- ' greed he had none ; the great council of ' Plymovith, under whom he claimed, having * no power to transfer government to any. It * was determined that the four towns of Portf- ^^*^^"" vol. I. p., * mouth, Dover, Exeter and Hampton were 8i7 ' out of the bounds ot Malfachufetts.' ThU report was accepted and confirmed by the king in council. After this, at the requefl of the agents, Sir i ^>7q William Jones the attorney general drew up a complete flate of the cafe to be tranfmitted ^•'p*- '* to the colony ; by which it feems that he ^,$ ItJISTORY 6f 167^. had altered his opinion fincie the r6p6rt Hutcb.vQi. which he gave to the king in 1675, concern-. I. ^pr. ing the validity of Mafon's title. It was alfo admitted that the title could be tried only on the place, there being no court in England that had cognizance of it. It (became necefTary then to the eflablilh- ment of Mafon's title, that a new jurifdicflion fhould be eredled, in which the king might dire(5l the mode of trial and appeal at his pjleafure : This being refolved upon, the colony of MafTachufetts was informed, by a luiy 24. letter from the fecretary of Hate, of the king's HutcHnr intention to feparate New-Hamplhire from y'- p^p- their government, and required to revoke all commiflions which they had granted there, and which were hereby declared to be null and void. To prevent any extravagant de- mand, the king obliged the claimant to de- clare, under his hand and feal, that he would Require no rents of the inhabitants for the time pafFed, before the tv^enty-fourth of June 1679, nor moleft any in their pofTelTions for ^Ijie time to come ; but would make out titles to them and their heirs forever^ provided they would pay him fixpence in the pound, according to the yearly value of all houfes Y^hich they had built and lands which they had improved. (^mmtssi- Things being thus prepared, a commifTioil T paiTed the great feal on the eighteenth of ' September for the government of New- Hamplhire ; which ' inhibits and reflrains ^ the jurifdidlon exercifed by the colony of 'MafTachufetts over the tov/ns of I'orifmouth, ' Dover, Exeter and Hampton, a- d ail other * lands extending from three miles to the NEW-HAMPSHIR£, 13^ northward of the river Merrimack and of 167& any and every part thereof, to the province of Maine ; conftitutes a prelident and coun- cil to govern the province ; appoints John Cutts, efq. prelident, to continue one year and till another be appointed by the fame authority ; Richard Martyn, William Vaughan, and Thomas Daniel of Portfmouth, John Oilman of Exeter, Chriflopher Huf- fey of Hampton and Richard Waldron of Dover, efquires, to be of the council, who were authorifed to choofe three other quali- fied perfons out of the feveral parts of the province to be added to them. The faid pre^ fident and every fucceeding one to appoint a deputy to prelide in his abfence ; the pre- fident or his deputy with any five to be a quorum. They were to meet at Portfmouth in twenty days after the arrival of the com^ miffion and publifh it. They were confU- tuted a court of record for the adminiflra- tion of juflice, according to the laws of England, fo far as circumftances would per- mit ; referving a right of appeal to the king in council for a<5lions of fifty pounds value. They were empowered to appoint military officers, and take all needful meafr ures for defence againfl en^niies. Liberty of confcience was allowed to all proteflants, ^ thofe of the church of England to be par- ticularly encouraged. For the fupport of government they were to continue the pre- * fent taxes, till an affembly could be called ; ^ to which end they were within three ^ months to ifTue writs under the province ^ feal, for calling an affembly, to whom the ' prefident fhould reconunend the paijing 140 HISTORY OF 3L679» * fuch laws as fliould eflablifh their allegi- * ance, good order and defence, and the raif^ * ing taxes in fuch manner and proportion as * they Ihould fee fit. All laws to be approv- *■ ed by the prefident and council, and then * to remain in force till the king's pleaf- * ure fhould be known, for which purpofe * they fhould be fent to England by the firfl ' fhips. In cafe of the prefident's death, his * deputy to fucceed, and on the death of a ^ counfellor, the remainder to eledl another, ^ and fend over his name, with the names of * two other meet perfons, that the king might ' appoint one of the three» The king engag- ' ed for himfelf and fucceffors to continue * the privilege of an affembly, in the fame ' manner and form, unlefs by inconvenience * arifing therefrom he or his heirs fliould fee ^ caufe to alter the fame. If any of the in- * habitants fliould refufe to agree with Mafon * or his agents, on the terms before mention- * ed, the prefident and council were directed ^ to reconcile the difference, or fend the cafe * ftated in writing with their own opinions, * to the king, that he with his privy council * might determine it according to equity.* The form of government defcribed in this commifTion confidered abftratftedly from the immediate intentions, characflers, and con- nexions of the perfons concerned, appears to be of as finiple a kind as the nature of a fub- ordinate government and the liberty of the fubje(!il can admit. The people, who are the natural and original fource of power, had a reprefentation in a body chofen by them- felves ; and the king was reprefented by a prefident and council of hk own appoint- NEW-HAMPSHIRE. l41 inent ; each had the right of inflru(5ling their 16*79; reprefentative, and the king had the fuperior prerogative of difannulling the a<5ls of the whole at his pleafure. The principal blem- illi in the commilTion was the right claimed by the king of difcontinuing the reprelen- tation of the people, whenever he fhould find it inconvenient, after he had folemnly en- gaged to continue this privilege. The claufe, indeed, is artfully worded, and might be <:onftrued to imply more or lefs at pleafure. Herein Charles was conliftent with himfelf^ parliaments being his averfion. However, there was in this plan as much of the fpirit pf the Britiih conflitution as there could be any foundation for in fuch a colony ; for liere was no third branch to form a balance between the king or his reprefentative, and the people. The inftitution of an houfe of peers in Britain was the refult of the feudal fyftem : the barons being lords of the foil and enjoying a fovereignty within their own territories and over their own vafTals ; the conflitution was formed by the union of thefe diflindl eflates under one common fov- ereign. But there was nothing fimilar to this in New-England. The fettlements be- gan here by an eqiial diviiion of property among independent freemen. Lordfhip and vafTaiage were held in abhorrence. The yeomanry were the proprietors of the foil and the natural defenders of their own rights and property ; and they knew no fuperior but the king. A council, whether appoint- ed by him or chofen by the people could not form a di{lin(ft body, becaufe they could not: be independent. Had fuch a flmple forna 142 HISTORY OP 1679. of colony government been more generally adopted, and perfeveringly adhered to, and adminlftered only by the mod delicate hands, it might have ferved better than any other, to perpetuate the dependence of the colonies en the Bridih crown^ S»J«W-HAMPSH1EE. 14S G H A P. VIL The admlmstratioH of the first council.-^Oji/wsitidn to the acts of trade.— Alason's arrival. — Ofifiodtion to him. — Hi* df part are. — State of trade and navii^ation. J.HE conimiffion was brought to 1680. I'ortfinouth on the firft of January by Ed- coundi Ward Randolph, than whom there could not Ree. be a more unwelcome meflenger. It was received with great reluctance by the gentle- men therein named; who, though they were Fitch's ms. of the firfl characfler, interefl and influence, and had fuflained the principal offices civil and military under the colony government* ; ,yet eafily faw that their appointment was not from any refpect to them or favour to the people ; but merely to obtain a more eafy introduction to a new form of government, for a particular purpofe, which they knew Would be a fource of perplexity and diftrefs. They would gladly have declined adling in ' The president John Cutts was a principal merchant, of greait probity and esteem in Portsmouth ; but now aged and infirm. Richard Martj-n, was of good character, and great influence. He had been very active in procuring the settlement of a minister in the town of Portsmouth. William Vaughan, was a wealthy merchant, generoui and public spirited, and of undaunted resolution. He was of Welch extraction, but was bred in London under Sir Josiah Child, who had a great regard for him, and whose f'lterest he made use of for the goci of the province. Tliomas Daniel, was a person of such note and importance, that when htf died in a time of general sickness and mortality, Mr. Moody preached his funeral sermon from 2 Sam. ii. 30. " There lacked of David's servants, nijie- ieen men and Asab^l." (Fitch's MS.) Jn'in Gihnan, was a principal man in Exeter, as waa Christopher Hussey, :n Hampton. Richard Waldron, was a native of Somersetshire, and one of the first set- tlers in Dorer. Ho was much respected and enunently useful, having sus- tained divers important offices civil and military, and approved his courage i'\'\ n Itrfity \\\ th'^ iTTcst ha-'.ardou.s enterpri'?s 144 HISTORY Ol 1680. their new capacity ; but confidering the tem-*' per of the government in England, the iina- voiciable necefhty of fubmitting to the- change, and the danger (upon their refufal) of others being appointed who would be inimical to the country, they agreed to qual- ify themfelves, determining to do what good, and keep off what harm they were able. Council They therefore publilhed the commiffion, Reoordf. ^j^^ j-Qok the oaths on the twenty fecond day of January, which was beyond the utmoft time limited in the commiilion. Agreeably to the royal diredlion they chofe three other gentlemen into the council ; Elias Stileman. of Great Ifland, who had been a clerk in the county courts, whom they now appointed fe- cretary, Sanriuel Dalton of Hampton and Job Clements of Dover. The prefident nominat- ed Waldron to be his deputy or vice prefi- dent, Martyn was appointed treafurer, and John Roberts, marflial. This change of government gratified the difcontended few, but was greatly difrelifh- ed by the people in general ; as they faw themfelves deprived of the privilege of choof- ing their own rulers, which was ftill enjoy- ed by the other colonies of New-England, and as they expelled an invafion of their pro- perty foon to follow. When writs were iffued for calling a gen^ eral affembly the perfons in each town who were judged qualified to vote were named in the writs* ; and the oath of allegiance wa'v * The number of oualified voters in each town was. In Portsmouth 71 Dover 61 Hampton 57 ^jfetet. 20 ?0? NEW-HAMPSHIRii. 145 aaminiflered to each voter. A public faft 16Hrjt was obferved, to afk the divine blefling on j^ ^^ the approaching allembly and "the conti- " nuance of their precious and pleafant " things." The aflembly* met at Ports- mouth on the fixteenth of March, and was opened with prayer and a fermon by Mr.^ Moody. To exprefs their genuine fentiments of the prefent change, and invalidate the falfe reports which had been raifed againfl them, as well as to fhew their gratitude and refpedl to their former protedlors, they wrote to the general court at Bofton, " acknowledging " the kindnefs of that colony in taking them " under their protedlion and ruling them " well ; afTuring them, that it was not any " dilTatisfacftion with their government, but " merely their fubmiflion to divine provi- " dence and his majefly's commands, with- " out any feeking of their own, which in- " duced them to comply with the prefent " feparation, which they fhould have been " glad had never taken place ; fignifying their " defire that a mutual carrefpondence might " be continued for defence againfl the com- " mon enemy, and offering their fervice Councrf " when it fliould be necefTaryf.*' ^"°*^' * The Deputies in this first Assembly were. For Portsmouth. Hampton. Robert Eliot, Anthony Stanyon, Philip Lewis, Thomas Marston, John Pickering. Edward Gove. Dover. Exeter. Peter Coffin, Bartholemew Tijppen, Anthony Nutter, Ralph Hall. Richard Waldron, jun. t Tills letter fully shews the absurdity of the reason assigned by Doiigia^ in his Summary, vol. II. page 28, for erecting this new government. " Th«- " proprietors and inhabitants of New-Hampshire not capable of protecting •' tliemselves against the Canada French and tlieir Indians, desired of ^tf- T 146 HISTORY 01^ iS80i Their next care tvas to frame a code of liws, of which the firll, conceived in a flyle becoming freemen, was " that no a6l, impo- " fition, law or ordinance iliould be made or " impofed npon them, but fuch as fhonkl be " made by the affembly and approved by the " prefident and council." Idolatry, blafphe- my, treafon, rebellion, wilful murder, man- flaughter, pcjifoning, withcraft, fodomy, hef- tiality, perjury, iiiali-llealing, curling and re- belling againfl parents, rape and arfon were niade capital crimes. The other penal laws w'ere in their main principles the fame that ^re now in force. To prevent contentions ihat might arife by reafon of the late change of government, all townfhips and grants of land Were conhrrhed, and ordered to remain ^s before ; and cdntroverlies about the titles of land were to be determined by juries chof"^ en by the feveral toWns, according to forilief ctiftom. The |)refident and council with the ^'fTembly were a fupreme court of Judica- hire, with a jury when deiired by the par- tie^ ; and thi^ee inferior courts were confti^ tuted at Dover, Hampton and Portfmouth. The military arrangement was, one foot Company in each town, one company of ar- tillery at the fott, and one troop of horfe, all under the command of Major Waldron. During this adminiflration, things went on as nearly as poflible in the old channel, and with the fime fpirit, as before the fepa- ration. A jealous watch was kept over their rights and privileges, and every encroach- ,*' crown io Hke tliem iincfer its immcdhte protection." A random assr:-' "ifibn, unsupported by any proof and contrary to plain fact ! The crown coiilii ^ftbrl them no protection against Indians. Witli tlie Frcrcl! the C'-o.vn w.-i-* % alliance, and tlife nation was at peace. Ms Lavrt. ?fJEW-HAMPSHIRE. 147 ^lent upoft them was withftood to the ut-. 1680. mod. The duties and reftricflions eflablifh- ed by the acl^s of trade and navigation were univerfally difguilful, ^nd the more fo as p.andolph was appointed colle6lor, furveyor 9.nd fearcher of the cufloms throughout New- England. In the execution of his commif- ijon he feized a ketch belonging to Portf- pcvputh, but bound froni Maryland to Ireland, 'V^hich had put into this port for a few days. The mafter, Aiark Hunking, brought an ac- ^""^^^j^ tion againfl him at a fpecial court before the preiident and council, and recovered damages and coi\s to the amount of thirteen pounds. Randolph behaved on this occafion with jxich infolence, that the council obliged him publickly to acknowledge his offence and afk their pardon. He appealed from their iude:-^ coundi . . Records artH ment to the king ; but what the iflue was Files. doth not appear. Having conflituted Cap- tain Walter Baretpote his deputy at this port, an advertifement was publifhed requiring that all veffels fhould be entered and cleared with him. Upon which Barefoot was brought to examination, and afterward in- di(5led before the prefident and council, for 1""^* ' having in an high and prefumptuous man- March 25. ' ner fet up his majefty's office of cuftoms ' without leave from the prefident and coun- ' cil ; in contempt of his majefty's authority '.in this place ; for difturbing and obflrudl- ^ ing his majefty's fubjedls in pafTmg frorn * harbour to harbour, and town to tov/n ; ',and for his infolence in making no other * anlV/er to any queftion propounded to him ' but " my name is Walter." He was fen- tcnced to pay a fine of ten pounds, and ftand 148 HISTORY Ol ^680, committed till it was paid. But though Ran- dolph's authority was denied, yet they made an order of their own for the obfervation of the adls of trade, and appointed officers of their own to fee them executed. They had been long under the MafTachufetts govern- ment, and learned their political principles from them ; and as they had been ufed to think that all royal authority flowed in the channel of the charter, fo they now thought that no authority derived from the crown could be regularly exercifed in the province ' but through their commifTion. In this they reafoned agreeably not only to their former principles, but to their fundamental law, to which they fteadily adhered, though they had no reafon to think it would be allowed by the crown ; and though they knew that a rigid adherence to rights, however clear and facred, was not the way to recommend themfelves to royal favour. But they were not fingular in thefe fentiments, nor in their oppolition to the laws of trade. Randolph was equally hated, and his commiffion ne- gledled at I3ofton ; where the notary refufed fifes! "' to enter his proteil againft the proceedings of the court ; and he was obliged to poft it on the exchange. In the latter end of the year Mafon arriv- iicf 3o ^^ fi'om England with a mandamus, requir- ing the council to admit him to a feat at the 1681. board, which was accordingly done. He foon entered on the bulincfs he came about ; endeavouring to perfuade fome of the people to take Icafes of him, threatening others if they did not, forbidding them to cut fire- icrood and tin'ibor. nl'^M'^-y his ri^^ht t^^ the M-SS ill NfW-HAMPSHlRE. 149 province and afluming the title of lord-pro- 1681. prietor. His agents, or ftewards as they were called, had rendered themfelves obnoxious by demanding rents of feveral perfons and threatening to fell their houfes for payment. Thefe proceedings raifed a general uneali- nefs ; and petitions were fent from each - town, as well as from divers individuals, to the council for protedlion ; who taking up the matter judicially publifhed an order pro- hibiting Mafon or his agents at their peril to repeat fuch irregular proceedings, and de- claring their intention to tranfmit the griev- ances and complaints of the people to the king. Upon this, Mafon would no longer lit in council, though delired, nor appear when fent for ; when they threatened to deal with him as an offender, he threatened to appeal to the king, and publifhed a fum- mons to the prefident and feveral members of the council, and others to appear before his majefty in three months. This was deemed " an ufurpation over his majefly's '' authority here eftablifhed," and a warrant was ifllied for apprehending him ; but he got out of their reach and went to England. ^^^^ ^^ During thefe tranfa(5lions prefident Cutts Apni 5. died, and Major Waldron fucceeded him, ap- pointing Captain Stileman for his deputy, who had quitted his place of fecretary upon the appointment of Richard Chamberlayne to that office by royal commifTion. The va- leso. cancy made in the council by the prefident's deaih was filled by Richard V/aldron junior. On the death of Dalton, Anthony Nutter was chofen. Henry Dow was appointed marfhal in the room of Rolnuts who refigned. J50 ^IISTORY OF 1^82. During the remainder of the councirs adr- nainiitr^tion, the common bufinefs went on in the irfual manner, and nothing remarka- ble is mentioned, excepting another profecu- tion of Barefoote, with his affiftants, Wil- Jtfarcii 10. liarp ^a&ins and Thomas Thm-ton for feiz- ing a veflel " under pretence of his majefiy's, " nan^e, withoi^t the knowledge of the au- *' thority of the province, and without fliew- " ing any breach of ftatute though demand- " ed." Barefoote pleaded his deputation from Randolph ; but he was amerced twen- ty pounds to be refpited during his good be- haviour, and his tv/o affiftants five pounds pach ; the complainant being left to the law for his damages. This affair was carried by appeal to the king ; but the iffue is not men-. tioned. It will be proper to cloie the account of this adminiflration with a view of the itat^ pf the province as to its trade, improve- ments and defence, from a reprefcntation thereof made by the council to the lords of ti'ade, purfuant to their order. " The trade of the province, (fay they) is iri mafts, planks, boards and ftaves and all other lumber, which at prefent is of little value in other plantations, to which they are tranfported ; fo that we fee no other way for the advantage of the trade, unlefs his maicf- ty pleafe to make our river a free port. " Importation by flrangers is of little va- lue ; Ihips commonly felling their cargoes in other governments, and if they come here^ ufually come empty to iiil with lumber : but if haply they are at any time loaded with fifli, it is brought from other ports, ther^ b-Q:^ i^eW-hampshire. l5i ing nbtiC made in our ptovince, nor likely to 1682» be, ilhtil his majefly pleafe to make the fbutli part of the Illes of Shoals part of this gov- ernment, they not being at prefent under any*. " In reference to the improveitient of lands by tillage, our foil is generally fo bar- ren, and the winters fo extreme cold and long that there is not provilion enough raif^ ed to fupply the inhabitants, many of whonl Were in the late Indian war fo impoverifhed their houfes and eftates being deftroyed, and they and others remaining ftill fo incapacitat- ed for the improvement of the land, (feveral of the youth being killed alfo) that they even groan under the tax or rate, afleired for that fervice, which is, great part of It, unpaid to this dayf. " There is at the Great Ifland in Portf^ iiiouth, at the harbour's mouth, a fort well Bnough iituated, but for the prefent two Weak and inluffieient for the defence of the place ; the guns being eleven in number are imall, none exceeding a facre (fix pounder) * Wben these islands were first settled is uncertain, but it must hav\:': been very early, as they are most conimo Honsly situated for the fishery, which was a principal object with the first settlers. While New-Hamps'ii-e was united to Massachusetts, they were under the same jurisdiction, and the town there erected vas called \ppledore. (Mass. Rec.) They are not nam.- ed in Cutt's nor Cranfield's comrrussion : but under Dudley's presidencyj causes were brought from thence to Portsmouth, which is said to be in the same county. In Allen''s and all succeeding commissions, they are particu- larly mentioned ; the south half of them being in New-Hampshire. t Taxes were commonly paid in lumber or provisions at stated prices ; and whoever paid them in money was abated one-third part. The prices in. 1680, were as follows. Alerchantable white pine boards per m 30 s. White Oak pine staves per ditto - 3 1. Red Oak ditto per ditto , - 30 s. Red Oak Hhd. ditto per ditto. - - 25 •. Indian Corn per bushel - - 3 s. Wheat per ditto. - - - 5 »k Malt per ditto. . - . 4 ,« N. 13. Silver was 6s. and 8d. per oz. 152 HISTORY OF 1682. nor above twenty one hundred weight, and the people too poor to make defence fuitable to the occafion that may happen for the fort. " Thefe guns were bought, and the forti- fication eredled, at the proper charge of the towns of Dover and Portfmouth, at the be- ginning of the firft Dutch war, about the year 1665, in obedience to his majefty's command in his letter to the government under which this province then was. " There are five guns more lying at the upper part of Portfmouth, purchafed by pri- vate perfons, for their fecurity and defence againfl the Indians in the late war with them, and whereof the owners may difpofe at their pleafure. To fupply the forefaid defec?t and weaknefs of the guns and fort, we humbly fupplicate his majefly to fend us fuch guns as fhall be more ferviceable, with powder and fliot." By an account of the entries in the port annexed to the above, it appears, that from the fifteenth of June 1680, to the twelfth of April 1681, were entered, twenty-two fhips, Ceunrii eighteen ketches, two barks, three pinks, one Records- ^^^Qp ^^^ q^c fly-boat ; in all forty-feven. n£w-HAMP5HIRI= iSi CHAP. VIII. The administration of CranJiekL'^— Violent measures. -T'lnsurrec- ' tion, trial and im/irinonment of Gove. — Mason's euita.^^ Vanghan''s iin/irisonnient. — Prosecution of Moody and his im' jfir'non:nL'nC.—~ArbUrnry proceedings. — Com/ilaints.—'Tkimults, Wearers agency in England. — Cranfield'i removal. — Bare- footers administration. Experience having now convlnc- 1682 ed Mafon, that the government which he had procured to be eredled, wAs not likely to be adminiflered in a manner favourable to his views, he made it his bulinefs, on his return to England, to folicit a change ; in confe- quence of which it was determined to com- miffion EHward Cranfield, efq. lieutenant- governor and commander in chief of New- Hamplhire. By a deed enrolled in the court of chancery, Mafon furrendered to the king j^n. 2». one fifth part of the quit-rents, which had or fliould become due : Thefe with the fines and forfeitures which had accrued to the crown fince the eilablifhment of the prov- ince, and which fhould afterward arife, were appropriated to the fupport of the goverrior. But this being deemed too precarious a foun- dation, Mafon by another deed mortgaged . ^ the whole province to Cranfield, for twenty- file*, one years, as fecurity for the payment of one hundred and fifty pounds per annum, for the fpace of feven years. On this encouragement Cranfield relinquifhed a profitable office at pitgjj.gjyjg home, with the view of bettering his fortune here. By the commifiion, which bears date the *iinth of May, the governor was impowered u 154 HISTORY OF 1,682. to call, adjourn, prorogue and difToIve gene- ral courts ; to have a negative voice in all acfls of government ; to fufpend any of the council when he fhould fee juft caufe (and €very counfellor fo fufpended was declared incapable of being eledled into the general afFembly ;) to appoint a deputy-governor, judges, juflices, and other officers, by his fole authority ; and to execute the powers of vice- admiral. The cafe of Mafon was recited nearly in the fame words as in the former commiffion, and the fame diredlions were given to the governor to reconcile differences, or fend cafes fairly flated to the king in coun- cilj for his decifion. The counfellors nam- ed in this commiflion were Mafon, who was ftyled proprietor, Waldron, Daniel, Vaughan, Martyn, Gilman, Stileman and Clements : Thefe were of the former council, and to them were added Walter Barefoote, and Richard Chamberlayne. Council Cranfield arrived and publillied his com- miflion on the fourth of Odlober, and within fixj days Waldron and Martyn were fufpend- ed from the council, on certain articles ex- hibited againft them by Mafon. This early fpecimen of the exercife of power mufh have been intended as a public affront to them, in revenge for their former fpirited condudl ; otherwife their names might have been left out of the commiffion when it was drawn. The people now plainly faw the dangerous defigns formed againfl them. The negative voice of a governor, his right of fufpending counfellors, and appointing ofhcers, by his ovm authority, were wholly unprecedented in New-England ; and they had the fmguiar NEW-HAMPSHIRE. 155 mortification to fee the crown not only ap- 1682» pointing two branches of their legiflature, but claiming a negative on the elecElion of their reprefentatives, in a particular cife, which might fometimes be elTentially necef- fary to their own fecurity. They well knew that the fole defign of thefe novel and extra- ordinary powers was to facilitate the entry of the claimant on the lands which fome of them held by virtue of grants from the fame authority, and which had all been fairly pur- chafed ot the Indians ; a right which they believed to be of more validity than any oth- er. Having by their own labour and ex- pence fubdued a rough wildernefs, defended their families and eftates againft the favage enemy, without the lead affiflance from the claimant, and held poifeillon for above fifty years ; they now thought it hard and cruel, that when they had juft recovered from the horrors of a bloody war, they fhould have their liberty abridged, and their property de- manded, to fatisfy a claim which was at beft difputable, and in their opinion groundlefs. On the other hand it was deemed unjuft, that grants made under the royal authority fhould be difregarded ; and that fo great a fum as had been expended by the anceftor of the claimant, to promote the fettlement of the country, fliould be entirely loft to him ; ef- pecially as he had foregone fome jufl claims ^^^^ . on the eftate as a condition of inheritance, wm. Had the inhabitants by any fraudulent means impeded the defigns of the original grantee, or embezzled his interefl, there might have been a juft demand for damages ; but the unfaccefsfulnefs of that adventure was to be 156 HISTORY OF Vaughan's TournaL 16S2^ fought for in its own impra<5licability ; or the negligence, inability or inexperience of thofe into whofe hands the management of it fell after Captain Mafon's death, and during the minority of his fuccelFor. An alFembly, being fummoned, met on the fourteenth of November; with whofe concur- rence a new body of laws was enabled, in fome refpe(5ls different from the former ; the fundamental law being omitted and an alter- Ms Laws, ation made in the appointment of jurors, which was now ordered to be done by the fheriff, after the cuflom in England. Cranfield, who made no fecret of his in- tention to enrich himfelf by accepting the government, on the firfl day of the alTembly reflored Waldron and Martyn to their places in the council ; having, as he faid, examined the allegations againft them and found them inflifEcient. In return for this iliew of com- plaifance, and taking advantage of his needy Situation, the alTembly having ordered an af- felTme-nt of five hundred pounds, appropriat- ed one half of it as a prefent to the governor ; hoping hereby to detach him from Mafon, who they knew could never comply with his engagements to him. Prefering a certainty to an uncertainty, he pafled the bill, though it was not prefented to him till after he had given order foV adjourning the court, and af- Mss in the tcr Mafou, Barefoote and Chamberlaynewere withdrawn from the council. This appearance of good humom* was but fliort-lived ; for at the next fefTion of the ai^ fembly, the governor and council having ten- dered them a bill for the fupport of govern- r*3.ent, which they did not approve, and they Council Dec. 1. Files. 1683. Ian 20. NEW-HAMPSHIRE. 157 having offered him feveral bills which he faid 1683. were contrary to law, he dilTolved them ; having previouily fufpended Stileman from the council and difmiffed him from the com- mand of the fort, for fufFering a veffel under feizure to go out of the harbour. Barefoote was made captain of the fort in his room. Rec"*^ The diffolution of the AfTembly, a thing before unknown, aggravated the popular difcontent, and kindled the refentment of fome rajQi perfons in Hampton and Exeter ; who, headed by Edward Gove, a member of the difTolved ailembly, declared by found of trumpet for " liberty and reformation." There had been a town meeting at Hamp- ton, when a new clerk was chofen and their records fecured. Gove went from town to town proclaiming what had been done at Hampton, carrying his arms, declaring that the governor was a traitor and had exceeded his commifTion, and that he would not lay down his arms, till matters were fet right, and endeavouring to excite the principal men in the province to join in a confederacy to overturn the government. His proje(5t appeared to them fo wild and dangerous, that they not only difapproved it, but informed againfl him and alfifted in apprehending him. Hearing of their defign, he collecSled his com- pany, and appeared in arms ; but on the per- fuahon of fome of his friends he furrender- ed. A fpecial court was immediately com- millioned for his trial, of which Major Wal- dron fat as judge, with William Vaughan and Thomas Daniel afliftants. The grand jury prefented a bill in which Edward Gove, John Gove, his fon, and William Hely, ot 158 HISTORY OF 1683. Hampton ; Jofeph, John and Robert Wad- leigh, three brothers, Thomas Rawlins, Mark Baker and John Sleeper, of Exeter, were charged with high-treafon. Gove, who behaved with great infolence before the court, and pretended to juftify what he had done, was convidled and received fentence of death in the ufual hideous form ; and his Feb. 1. eftate was feized, as forfeited to the crown. Records of '^^^ othcrs werc convi(5led of being accom- speciai plices, and refpited. The king's pleafiire being fignified to the governor that he fhould pardon fuch as he judged objects of mercy ; they were all fet at liberty but Gove, who was fent to England, and imprifoned in the tower of London about three years. On his repeated petitions to the king, and by the in- tereft of Randolph with the Earl of Claren- don, then lord chamberlain, he obtained his pardon and returned home in 1686, with an order to the then prelident and council of New-England to reflore his eftate. i'love's Gove in his petitions to the king pleaded japers. " a diftemper of mind" as the caufe of thofe actions for which he was profecuted. He alfo fpeaks in fome of his private letters of a drinking match at his houfe, and that he had not ilept for twelve days and nights, about that time. When thefe things are confider- ed, it is not hard to account for his condu6l. From a letter which he wrote to the court while in prifon, one would fuppofe him to have been difordered in his mind. Elispun- ifliment was by much too fevere, and his trial was hurried on too faft, it being only fix days after the commiilion of his crime. Had he been iudided only for a riot there would il^i^ in files. NEW-HAMPSHIRE. 159 have been no difficulty in the proof, nor 1683. hardfhip in inflicfling the legal penalty. Waldron, it is faid, flied tears when pro- nouncing the fentence of death upon him. On the fourteenth of February the gover- nor, by advertifenient, called upon the in- habitants to take out leafes from Mafon with- in one month, otherwife he mull, purfuant to his inftrudlions, certify the refufal to the king, that Mafon might be difcharged of his obligation to grant them. Upon this fum- mons and within the time fet, Major Wal- dron, John Wingett and Thomas Roberts, three of the principal landholders in Dover, waited on the governor to know his pleafure, who directed them to agree with Mafon, They then retired into another room where Mafon was, and propofed to refer the matter to the governor, that he might according to his commiiTion, ftate the matter to the king for his decilion. This propofal Mafon re- jected, faying that unlefs they would own his title, he would have nothing to do with them. While they were in difcourfe the we*rei» governor came in and defired them to de- ^^' part. This piece of condudl is difficult to be ac- counted for, it being diredlly in the face of the commifTion. Had the method therein prefcribed, and by thefe men propofed, been adopted, it was natural to expecfl that the king, who had all along favoured Mafon's pretenfions, would have determined the cafe as much to his wiih as upon an appeal from a judicial court ; befides, he had now the f aire ft opportunity to have it decided in the ihorteft way, to which his antagonifls mufl 160 History of 1683. have fubmitted, it being their own propofaL Plisrefufal to accede to it was a capital miftakei- as it left both him and Cranfield expofed to the charge of difobedience* But it afforded a pow- erful plea in behalf of the people ; whofe con- fidence in the royal juilice would have in- duced them to comply with the directions in the commifTion. It being now impoffible to have the contrbverfy thus decided they de- termined to hearken to none of his propo- fals. As he generally met with oppolition and contradidlion he was induced to utter many rafh fayings in all companies. He threatened to feize the principal eftates, beg- gar their owners, and provoke them to re- bellion by bringing a frigate into the har- ^. , bour and procurinsr foldiers to be quartered MS. , on the inhabitants. Thefe threats were fo far from intimidating the people that they ferv- ed the more firmly to unite them in their de-^ termination not to fubmit ; and each party was now warm in their oppofition and re- fentment^ The governor On fome freffi pretencfe fuf- pended Waldron, Martyn and Oilman from the council. The deaths of Daniels and Clements made two other vacancies. Vaughan held his feat the longed, but was at length thruft out for his non-compliance with fomfe arbitrary meafures. So that the governor had it in his power to model the council to his mind, which he did by appointing at va- rious times Nathaniel Fryer, Robert Eliot, John Hinckes, James Sherlock, Francis Champernoon and Edward Randolph, en- quires. The judicial courts were alfo filled with ofiicers proper for the intended bufinef«. Barefoote, the deputy governor, was judge : 1683. Mafon was chancellor ; Chamberlayne v/as clerk and prothonoLary ; Randolph was at- torney general, and Sherlock provoll marfhal and fherifF. Some who had always been dif- R^orda, affecfled to the country, and others who had been awed by threats or flattered by promi- fes took leafes from Mafon ; and thcfa ferved for under IherifFs, jurors, evidences, and oth- er neceffiiry pcrfons. Things being thus prepared, Mafon began his law-fuits by a writ againfl Major Wal- dron, (who had always diftinguifhed himielf in oppofition to his claim) for holding lands and felling timber to the amount of four thoufand pounds. The majo" appeared in court, and challenged every o ne of the jury as interefled perfons, fome of them having taken leafes of Mafon, and all of them living upon the lands which he claimed. The judge then caufed the oath of voire dire to be ad- > minillered to each juror, purporting " that " he was not concerned in the landr; in quef^ " tion, and that he lliould neither gain nor " lofe by the caufe." Upon which the ma- jor faid aloud to the people prefent, " That " his was a leading cafe, and that if he were " call they mud all become tenants to Ma- " fon ; and that all perfons in the province , -. " being interefted, none of them could legally files. /' be of the jury." The cafe however went on ; but he made no defence, afferced no title, and gave no evidcice on his part. Judgment was given againil him and at the next court of felfions he was fined five pounds for "mu- " tinous and feditious words." # 162 HISTORY Of 1683w Suits were then inftituted againft all the principal landholders in the province, whOj following Waldron's example, never made any defence. Some, chiefly of Hampton, gave in writing their reafons for not joining ifiue ; which were, the refufal of Mafon to comply with the dire<5lions in the commif- fion ; the impropriety of a jury's deter- mining what the king had exprefsly referved to himfelf ; and the incompetency of the jury, they being ail interefted perfons, one of whom had faid that " he would fpend his " eftate to make Mafon' s right good." Thefe reafons were irritating rather than convinc- ing to the court. The jury never heiitated in their verdi6ls. From feven to tw^elve caufes were difpatched in a day, and the cofbj were multiplied from five to twenty pounds. * Executions were iffued, of which two or three only were levied ; but Mafon could ivis in neither keep poffefTion of the premifes nor Weare's difpofe of theui by file, {o that the owners ^*ss. ^^|[ eiijoyed them. Several threatened to appeal to the king but Major Vaughan alone made the experiment. A fuit was alfo commenced acralnfb Martvn who had been treafurer, for the fines and forfeitures received by him, during the for- mer adminiflration ; and judgment was re- covered for feventy one pounds with colls, Martyn petitioned Mafon as chancellor, fet-* ting forth th^t he had received and difpofed of the money according to the orders of the late prefident and council, and praying that the whole burden might not lie upon him. A decree was then iffued for the other iur- viving members of the late council, and the NEW-HAMPSHIRE. 166 Jieirs of thofe who were dead, to bear their 1683. proportion. This decree was afterward re- j^gs in verfed by the king in council. £i«3. Cranlieid with his council had now afRim- ed the whale legillative power. They pro- hibited vellels from. Mailachufetts to enter the port, becanle the adls of trade were not obferved in that colony : They fixed the di- , menfions of merchantable lamber ; altered tlie value of fiiver money, which had always paHsd by weight at fix ihiilings and eight- pence per ounce ; and ordered that dollars ihould be received at fix ihiilings each, which was then a great hardlhip j as many of them were greatly deficient in weight : They alfo changed the bounds of townfhips ; eftab- Lilied fees of office ; made regulations for the package of filh, and ordered the confta- bles to ibrbear colledling any town or parifli Co«n(ji taxes nill the province tax was paid, and the ^accounts fettled with the treafurer. The public grievances having become in- fupportable, the people -wjere driven to the necefiity of making a vigorous (land for their liberties. The only regular way was by complaint to the king. Having privately communicated their fentiments to each other^ and raifed money hj fubfcription, they ap- pointed Nathaniel Weare, Efq. of Hampton their agent ; and the four towns having drawn and fubfcribed diflincl petitions of fche fame tenor, Weare privately withdrew to Eofton from whence he failed for Eng- land, Major \'aughan who accompanied him to Bollon, and was appointed to pro- cure dcpOiitions to fend after him, was upon l^is return to Portfmouth, brought to an ex^ 164 HISTORY OF 1683. amination, treated with great infolence and required to find fureties for his good behav- Mss in iour ; which, having broken no law, he re- fufed* ; and was by the governor's own war- rant immediately committed to prifon ; where he was kept nine months to the great dam- age of his health, and of his own as well as the people's intereft. 1684. Amidfl thefe multiplied opprefTions, Cran- field was flill difappointed of the gains he had expelled to reap from his office ; and found to his great mortification, that there was no way of fupplying his wants, but by application to the people, through an affem- bly. He had already abufed them fo much that he could hope nothing from their fa- vour ; and was therefore obliged to have recourfe to artifice. On a vague rumour of a foreign war, he pretended much concern for the prefervation of the province from in- vafion ; and prefuming that they would fliew the fame concern for themfelves, he called aii aifembly at Great-Ifland where he refid- ed, to whom he tendered a bill, which in a manner totally unparliamentary, had been drawn and pafTed by the council, for raifmg money to defray the expence of" repairing the fort, and fupplying it with ammunition, and for ot/jer neceffary charges of government. The houfef debated a while, and adjourned * In this refusal ht is countenanced hy the example of the great Selclen. :a\d other members of parliament ulio were imprisoned hy order of Cliarles I. jn 1629. ' Macaulcy's Hist Eng. 8vo. Vol. 2. r^ige 72. t The Members of tliis assembly were. For Povtsmouth. Hampton. Richard. Waidron, jun. spesker, Anthony Staiiyoij, Philip Lewis, Tcsep'i Smitl;. Joh.n Pickerio'}-. i»>hn Srnjtljj Jaunar. 14. t NEW-HAMPSHIRE. 165 for the night, and the tide ferving, the mem- 1684. bers went up to the town. In the morning they returned the bill with their negative ; at whicli the governor was highly enraged, and telling them that they had been to con- fult with Moody, and other declared enemies of the king and church of England, he dif- folved them ; and afterward by his influence with the court of feflions, divers of the mem- bers were made conftables for the following ^au'^ia^t^ year. Some of them took the oath, and Journal. others paid the fine which was ten pounds. Thus by a mean and execrable revenge, he taxed thofe whom he could not perfuade to tax their conftituents for his purpofes. But Moody was marked as an objedl of peculiar vengeance. He had for fome time rendered himfelf obnoxious by the freedom and plainnefs of his pulpit difcourfes, and his ftri^lnefs in adminiftering the difcipline of the church ; one inftance of which merits particular notice. Randolph having feized a veffeljilie was in the night carried out of the harbour. The owner, who was a member of the church, fwore that he knew nothing of it ; but upon trial there appeared ftrong iiifpicions that he had perjured himfelf. He found means to make up the matter with the governor and colledlor ; but Moody, being Lt)ncerned for the purity of his church, re- quefted of the governor copies of the evi- dence, that the offender might be called to account in the way of ecclefiaflical difcipline. Cranfield fternly refufed, faying that he had Dover. Exeter. John Gerrish, Robert Smart, John Woodman, Thomas Wiggen. Anthony Nutter, (Court Records.) 166 HISTORY OY 1684. forgiven him, and that neither the church nor minifter fhould meddle with him ; and even threatened Moody in cafe he fliould. Not intimidated, Moody confulted the church and preached a fermon againil falfe {wear- ing ; then the offender, being called to ac- Records. * couut, was ccufured, and at length brought to a public confeflion. This procedure ex- tremely difgufled the governor who had no way then in his power to fhew his refent- ment. But malice, ever fruitful in expedi- ents to attain its ends, fuggefled a method, which to the fcandal of the Englilli nation, has been too often pradlifed. The penal laws againft nonconformifts were at this time executing with great rigour in England; and Cranfieid, ambitious to ape his royal mailer, determined to play off the ecclefiafli- xal artillery here, the diredlion of which he fuppofed to be deputed to him with his other powers. He had attempted to impofe upon the people the obfervation of the thirtieth of January as a faft, and reftriiin them from manuel labour at Chriilmas ; but his capi- tal (troke was to iffue an order in council " that after the firit of Januarv, the minif- ** ters fliould admit all perfons of fuitable " years and not vicious, to the Lord's fnp- "per, and their children to baptifm ; and " that if any perion fliould defire baptifm " or the other facrament to be adminiftered " according to the liturgy of the church of " England, it fliould be done in purfiiancc " of the king's command to the colony of " Mafliichufetts'''^ ; and any miuifler refufing * This command was concPivpu in the foilowin^qf terms : *• Ar.d rince th? prijiciple and foundation of thnt charter was anc! i',fK&- Nl:V/-HAMPSHl"RF. 161 '* fo to do fliould fufFer the penalty of the 1684 " ftatutes of uniformity." The fame week in which he diffolved the affembly, he fignified to Moody in writing, by the hands of the iherifF, that himfelf, with Mafon and Hinckes, intended to partake of the Lord's fupper the next funday ; requir- ing him to adminifter it to them according to the liturgy ; and, as they juftly expected, he at once denied them. The way was now opened for a perfecution ; and the attorney general Jofeph Rayn, by the governor's ord- er exhibited an information at the next court ^^' ^* of feffions, before Waiter Barefoote judge, Nathaniel Fryer and Henry Greene alllftants, Peter Coffin, Thomas Edgerly and Henry Robie juflices, fetting forth, " that Jofhua " Moody clerk, being minifter of the town of ^* Portfmouth within the dominions of King *' Charles, w^as by the duty of his place and " the laws of the realm, viz. the ftatutes of " the fifth and fixth of Edward VI, the firft "of Elizabeth, and the thirteenth and four- ** teenth of Charles II, required to adminifter " the Lord's fupper in fuch form as was fet ** forth in the book of common prayer, and *' no other. But that the faid Moody in con- " tempt of the law^s had wilfully and obfti- lom and liberty of conscience ; Wee do hereby charge and require you tliat Irecdom and liberty be duely admitted and allowed, so that they that desire to use the booke of common prayer and perform their devotion in that man- r.or that is establisb.ed here be not denyed the exerase thereof, or undergoe a- King iiy prejudice or disadvantage thereby, they using their liberty peaceably with- Charleses t)Ut any disturbance to others ; and that all persons of good and honest lives Letter in nnd conversatioiis be admitted to the sjicrament of the Lord's supper accord- Hutchin.' Ing to said bocke of common prayer, and their children to baptism.'' col. pap- This .-omniand c^niiot consistently vvitli the acknowledged principle and p, 378^ strict limitation, lie const! i\ed any other \vzy, tlian that the use of the liturgy should be permitted to such ministers and people as desired it. To compel tiiinisters to use it, and leave al! ithcr? ?t liberty, -xzs a ccrst-ructior; that •vil'ce alonj could stiggcst. 168 HISTORY OP 1684. '^nately refufed to adminifler the fame t6 " the Honourable Edward Cranfield, Robert Mss in a Mafon, and John Hinckes, and did obfti-^ " nately nfe fome other form." Moody in his defence pleaded that he was not epifco- paliy ordained as the llatutes required ; nor did he receive his maintenance according to them ; and therefore was not obliged to ' . the performance of what had been com*- manded ; that the alledged ftatutes were not intended for thefe plantations, the known and avowed end of their fettlement being the en- joyment of freedom from the impoiition of thofe laws ; which freedom was allowed and Ports, chh. confirmed by the king, in the liberty of con- fcience granted to all proteflants, in the gov- vaughan's cmor's commifTion. Four of the Juftices, Journal. ^^-^^ Grecnc, Robie, Edgerly and Fryer were at firft for acquitting him ; but the matter being adjourned till the next day, Cranfield found means before morning to gain Robie and Greene, who then joined with Barefoote and Coffin, in fentencing him to fix months imprifonment, without bail or mainprize. The other two perfifted in their former o- pinion, and were foon after removed from all their offices. Moody was immediately ordered into cuftody, without being permit- ^ ted firft to fee his family ; and he remained ' under confinement, in company with Major Vaughan, at the houfe of Captain Stileman, with liberty of the yard, for thirteen weeks ; " his benefice" being declared forfeited to the crown. The next week after Moody's trial, the governor in a profane bravadg fent word to Seaborn Cotton miniiler of Hampton, that ToS""^ "when he had prepared his foul, he v/ould NEW-HAMPSHIRE. 169 '' come and demand the facrament of him as 1684. " he had done at Portfmouth." Upon which ■^^^^Yan-'t Cotton withdrew to Bofton. The minifter Journal, of Dover, John Pike, was (fo far as I can find) \inmolefled. Exeter had then no fettled minifter. During Moody's imprifonment, Cranfield would neither fuffer him to go up to the town to preach, nor the people to aflemble at the ifland to hear, nor the neighbouring ■ minifters to fupply his place ; only the fam- ily where he was confined were permitted to be prefent with him at fabbath exercifes. But while the governor was abfent on a tour to New- York, Mafon ga\^e leave for opening the meeting-houfe twice, when they obtained a minifter to officiate ; he alio allowed both Moody and Vaughan to make a fliort vifit vaughan'^ to their families. At length, by the inter- '""r"^'- pofttion of friends, Moody obtained a re- leafe, though under a ftridl charge to preach no more Vv^thin the province, on penalty of farther imprifonment. He then accepted an invitation from the firft church in Bof- con ; where being out of the reach of his perfecutors, he was employed as a preacher, and was fo highly efteemed that upon the death of Prefident Rogers he was invited to ^Jj^^ *:ake tl^ overfight of the college, which he Records, .modeftly declined, and continued his minify trations at Bofton, frequently vifiting his deftitute church at Portfmouth, at their pri- vate meetings, till 1692 ; when, the govern- ment being in other hands, and the eaftern country under trouble by the Indians, at the earneft requeft of his people, and by the onginsri ardvicc of an ecclefiaftical council, he return- ^^^ X 170 HISTORV OF 1684. ed to his charge at Portfmouth, and fpent the reft of his days there in ufefulnefs, love and peace*. Upon a calm review of this profecution, one can hardly tell v^hich is moft deteftable, the vindidlive temper w^hich gave it birth ; or the profanenefs and hypocrify with which it was condu6led. The pretended zeal of the profecutors was totally inconiiftenc w4th ' a due regard to thofe law^s, and the princi- ples of that church, for which d;ey made themfelves fuch contemptible champions. For it had been long before this time, a re- ceived opinion in the church oi England, that the validity of all the facramental ad- miniftrations depends on authority derived from the apoftles, by ej if copal ordination, in an uninterrupted fucceflion ; and one of the ftatutes on which the profecution was ground- ed enacfls, * that no perfon lliall prefume to irca^r^n. * confecrate and adminifter the Lord's fup- 'per, before he be ordained a prieft by epif- * copal ordination, on pain of forfeiting for ' every offence one hundred pounds.' The minifters then in the province, being defti- tute of the grand pre-requiiite, were incapa- ble by the a6l, of doing what was fo peremp- torily required of them ; and had they com- plied with the governor's order, muft have expofed themfelves to the penalty, if he had pleafed to exad: it from them. But the ex- tending thefe penalties to the king's Ameri- can fubje(5ls, who had fled hither from the rod of prelatic tyranny, was a moil: unwar- * He died at Boston, being; tlicre on a visit, July 4, 1697, aged 65. Di Cotton Mather prencbed his funeral sennon from rets vi. 13. " They $av his fece^as it bad been the face of an angel." Magnalia, lib. 4. cap. 7. \ NEV/-HAMrSHIR£. 171 rantable ilretch of power ; fmce the lalt of 1684. thefe acfts, and the only one which had been made fmce the fettlement of the colonies, v/as expreisly reflridled in its operation, to '' the realm of England, dominion of Wales, ^' and town of Berwick upon Tweed." Difappointed in all his fchemes for raifing money by an aiiembly, Cranfield next ven-- Uired on the projedl of taxing the people without their confent. The pretext for this was a claufe in the commiiTion, impowering him, with the council, " to continue fuch " taxes as had been formerly levied, until a " general affembly could be called." This had been done, without offence, at the be- ginning both of this and the former admin* iftration, when the change of government rendered it neceffary. But the council, though too much devoted to him, were not eafily perfuaded into the meafure at this time ; till fear at length accomplilhed what reafon could not approve : for, letters being received from the eaftward, informing of the difcovery of a plot among the Indians, who were inftigated by Caftine the Frenchman to renew the war early in the ^^^ '^' fprinf^, the council were fummoned in hafte, and prefently agreed to the governor's pro- pofal, for continuing fuch taxes as had been formerly laid, wdiich he told them was ne- ceifary for the immediate defence and fecu- rity of the provincco This affair, however, was kept fecret for the prefent ; and the peo- ple were firfl: to be convinced of the gover^ nor's paternal care and kindnefs in taking the necellary precautions ibr their fafety. It March is was ordered that the meLtin^-houfes in each 172 HISTORY Ol- 1684. town fliould be fortified, and bye garrifbns were eflabliflied in convenient places : Sup- plies of amnmnition were ordered to be pro- vided : Circular letters were difpatched to the governors of the neighbouring colonies, informing them of the danger ; and, to crown the whole, Cranfield himfelf, at the requefl of the council, undertook a tour to New-York to folicit the governor, Dongan, for a number of the Mohav/ks to come down connci! and deflroy the eaftern Indians ; promifing to pay them for their ibr vices out of the vaughan's j^Quev whicli v/as thus to be railed. Journal. • J ■•■ ^ n -i r ■* At his return from this excurlion, he found himfelf under fonie embarrafsment in his favourite views, from a letter of the lords of trade, which directed him to make ufe of an alfembly, in raifmg money on the people. May 27. pj^ could not, therefore, avoid calling one, though he immediatoly dilfolvcd it, becaule feveral of the members vvcre thofe whom he had formerly ordered to be made coiiftables. At the lame time, in his letters to the fccre- tary of Hate, he reprefented the alfembly as perlb^is of flich a mutinous imd rebellious dilpofition, that it was not fafe to let them convene ; that they had never given any thing toward the fupport of government ; that he was obliged to" raife money without them ; and that it was impoifible for him to ferve his majeil"y's intercil without a fhip ot war to enforce his orders ; and finally he dcftrcd leave to go to the XVeft-liidics for the recovery of his health. AVhen this buli- ]^Qi^:-, V, as di {"patched, warrants v/ci-e iifued for collccling the taxes ; which cauled frelh m^^r^^inngs imd diiconten-t aniongthe people. NEW-HAMPSHIRE. 173 But however difafFedled to the governor 1684. -and his creatures, they were always ready to teflify their obedience to the royal orders ; an inflance of which occurred at this time. The feas of America and the Weft-Indies be- ing much infelted with pirates, the king fent orders to all the governors and colony aircmblies, direding ads to be made for the fuppreffing of piracy and robbery on the high feas. Cranfield, having received this juiy22. order, ilimmoned an aifembly ; and though it conlilted almoft entirely of the fame per- fons who were in the lait ; he iliffered them to pals the adl, and then quietly diilolved ^^^^^^ them : This was the laft aifembly that ever Records, Till . - ^^j j^jgj^ he called. The tax-bills were firft put into the hands of the newly made conftables ; v/ho foon re- turned them, informing the governor that the people were foaverfe from the methodj that it was impoffible to collecfl the money. The provoft, Thomas Thurton, was then commanded to do it, with the afliflance of hi§ deputies and the conftables. The people ftill refufing compliance, their cattle and goods were taken by diftreint and fold by audlion : Thole who would neither pay 'nor difcover their goods to the officers, were apprehended and imprifoned ; and fome of the conftables, who refufed to aftift, fuffered the fame fate. The raore confiderate of the people were difpofed to bear thefe grievances, though highly irritating, till they could knov/ the refult of their applications to the kiilg. But in a country where the love of •liberty hacl ever been the ruling paifion, it could not be expected but that fome forward 174 HISTORY OF 1684. fpirits would break the reftraints of pru- dence, and take a fummary method to put a flop to their opprefTions. Several perlbns had declared that they would fooner part with their lives, than liiffer diftreints ; and ailociations were formed for mutual fupport. At Exeter the Hieriff was refilled and driven off with clubs ; the women having prepared Dec. 29. hot fpits and fcalding water to afTift in the op- pofition, as Thurtan teftified in his- depofi- tion on the occalion. At Hampton he was January 22. beateu, and his fword was taken from him, j taen he was feated on an horfe, and convey- ed out of the province to Salifbury with a rope about his neck and his feet tied under the horfe's belly, Juftice Robie attempted to commit fome of the rioters ; but they were refcued by the way, and both the juflice and the fheriff were ilruck in the execution of ifcnuary 9. their office. The troop of horfe, under Ma- fon's command, was then ordere4 to turn out comDletely mounted an-d armed, to alTift in fupprefling the diforders ; but when the day came not one trooper appeared. Cr^n- Mss in f^^Qi^i ^\^^^^ finding Ids eiforts ineffedlual, and his authority contemptible, was obliged to defilt. This agent had been a long time in Eng- land, w^aiting for the depofitions, which were to have been tranfmitted to him, in ^ fupport of the complaint which he was to. exhibit. Cranfield and his creatures here did all that they could, to retard the buii- nefs ; firfl by imprifoning Vaughan, and then by refufmg to fummon and fwear wit- nelles when applied to by others ; who were pbliged to go into the neighbouring govern' NEW-HAMPSHIRE. 175 ments, to get their depolitions authenticated ; 1684. and after all, the proof was defective, as they had not accefs to the public records. The agent, however, exhibited his complaint a-juiyn. gainft Cranfield in general terms, coniifting of eight articles. ' That he had engrofled * the powxr of eredling courts, and eflablifh- * ing fees exclufive of the alfembly : That * he had not followed the diredlions in his * commiflion refpecling Mafon's controver- ' fy ; but had caufed it to be decided on the ' fpot by courts of his own conllitution, con- "^ fifling wholly of perfons devoted to his in- * terefl : That exorbitant charges had been * exacted and feme who were unable to fat- * isfy them had been imprilbned : That oth- ' ers had been obliged to fubmit, for want ' of ni'oney to carry on the fuits : That he * had altered the value oi filver money : * That he had imprifoned fundry perfons * without juft caufe : That he with his coun- * cii had aHumed iegillative authority, with- * out an aiTembly ; and, that he had done * his utmoft to prevent the people from lay- « ing their complaints before the king, and ^ss^' * procuring the nocefTary evidence.' The complaint was, in courfe, referred tojuiyss the board of trade ; who tranfmitted copies of it, and of the feveral proofs, to Cranfield, and fummoned him to make his defence ; direcling hini to deli ver to the adverfe party roprcs of all the affidavits which ihould be taken in his favour ; to let all perfons have free accefs to the records ; imd to give all needful affiflance to them in coUedling tlieiribi* evidence againft him. When lie had reccnved this letter he fvf- 167 HISTORY OF 1684. pended Mafon's fuits, till the queflion con- cerning the legality of the courts fhould be decided. He alfo ordered the fecretary to give copies to thofe who fhould apply for them. At the llime time it was complained that the people, on their part, had been equally relerved, in fecreting the records of the feveral towns ; fo that Mafon upon en- quiry could not find where they were depof- ited ; and the town clerks, when lummoned, had folemnly fworn that they kne\v neither Mss in the vvrhere the books were concealed, nor who had taken them out of their pofTefTion. 1685. The neceifary evidence on both fides be- ing procured, a new complaint was drawn up, confiliing of twelve articles, which were, * That at the fir ft feffion of the afTembly * Craufield had challenged the power of legif- * lation and fettlement of the affairs to him- * felf againll the words of the commifTion : ' That he had by purchafe or mortgage from ' Mafbn, made himfelf owner of the province, * and fo was not likely to acfl impartially be- * tween Mafon and the inhabitants : That he ' had made courts, whereof both judges and * jurors had agreed with Mafon for their own * lands, and fome had taken deeds of him for * other men's lands, fo that they were engag- ' ed by their intereft to fet up Mafon's title ; * That Mafon had fued forty pcrfons, and * caft all ; and that the governor's interpofal ' to ftate the cafes, as by liis commiihon he ' was direcfted, had been refufed though de- ' fired ; and that the defendants pleas ground- * ed on the laws of England were rejedled : ' That they could not reconcile the verdict ^ with the attachment, nor the execution n?w-k;ampshire. HT ' with the verdid, nor their pracflice under 1635, colour of the execution with either ; that the verdidl found the lands fued for ac- cording to the royal conimillion and iii- i];ruclions, and that commillion only gave power to ftate the cafe if Mafon and the people could not agree ; but the execution took land and all : That the charge of every adlion was about lix pounds, though nothing was done in court, but reading the commiiTion and fome blank grants without hand or feal ; and thefe were not read for one cafe in ten : That court charges were exacted in money, which many had not j who though they tendered cattle, were com- mitted to prifon for non-payment : That miniflers, contrary to his majefty's com- miiTion, which granted liberty of confcience to all proteftants, had their dues withheld from them, even thofe that were due be-^ fore Cranfield came, and were threatened with fix months imprifonment for not ad- niiniftering the facrament according to the liturgy : That though the general aflem- bly agreed that Spanifh money fliould pafs by weight, the governor and council order- •ed pieces of eight to pafs for fix fhillings, though under weight : That men were commonly compelled to enter into bonds of great penalty, to appear and anfwer to w^hat fhould be objetfted againft them, when no crime was alledged : That they had few laws but thofe made by the gov- ernor and council, when his commiflion di- redled the general affembly to make laws : That the courts were kept in a remote cor- ner of the province ; and the fhef iff was a Y 178 HISTORY OF 1685. ' ftr'anger and had no vifible ellate, and fo MsT^ ' ^^^ ^^^ refponfible for failures/ Upon this complaint, an hearing was had before the lords of trade on Tuefday the tenth of March ; and their lordfhips report- ed to the king, on three articles only of the complaint viz. ' That Cranfield had not ' purfued his inftrudlions with regard to Ma- * fon's controverfy ; but inftead thereof had ' caiifed courts to be held and titles to be *^ decided, with exorbitant cofls ; and that * he had exceeded his power in regulating * the value of coins.' This report was ac- cepted, and the king's pleafure therein figni- fied to him. At the fame time, his requeft for abfence being granted, he, on receipt of Ncai'sHist. ^^^ letters, privately embarked on board a and Fitch's vefTcl for Jamaica ; and from thence went to England, where he obtained the colledlor- fhip of Barbadoes. At his departure, Bare- foote the deputy-governor took the chair ; which he held till he was fuperfeded by Dudley's commiffion, as prefident of New- England. Cranfield's ill condu6l muft be afcribed in a great meafure to his difappointment of the ^ains which he expedled to acquire, by the eflablilhment of Mafon's title ; which could be his only inducement to accept of the gov- ernment. This difappointment inflaming his temper, naturally vindicative and impe- rious, urged him to adlions not only illegal^ but cruel and unmanly. A ruler never de- grades his characSler more than when he per-* verts public juftice to gratify perfonal refent- ment ; he fhould punifh none but the ene- mies of the laws, and diflurbers of the peace MS. NS:W-HAMPSHIRE. 179 i»f the community over which he prefides. 1685. Had there been the leaft colom% either of zeal or pohcy, for the feverity exercifed in the profecution of Moody, candour would oblige us to make fome allowance for hu- man frailty. His ordering the members of the aflembly to be made conftables, was a mode of revenge difgraceful to the charadler of the fupreme magiftrate. From the fame ^eai, vo? bafe difpoiition, he is faid to have employed 2, p- 39> fpies and pimps, to find matter of accufation againil people in their clubs, and private dif- courfe. And his deceit was equal to his malice ; for, being at Bofton when the char- ter of that colony was called in queflion, and the people were folicitous to ward off the danger ; he advifed them to make a private offer of two thoufand guineas to the king, promifing to reprefent them in a favourable light ; but when they, not fufpedling his in- tention, followed his advice, and fhev/ed him the letter which they had wrote to their a- gents for that purpofe, he treacheroufly re- prefented them as " diiloyal rogues ;" and HutcWn. m.ade them appear fo ridiculous that their a- ^°'^*' f^Sf. gents were aihamed to be feen at court. However, when he had quitted the country, and had time for reflecSlion, he grew afliam- ed of his mifcondud:, and while he was col- le6lor at Barbadoes, made a point of treating the mailers of veffels, and other perfons who **' ^ - ' went thither from Pafcataqua, with particur lar refpecl. Although the decifion of titles in Cran- field's coiu'ts had been reprefented, in the report of the lords, as extrajudicial, and a yqy^l order had been thereupon iffued t^o ISO HISTORY or 1685. fufpend any farther proceedings in the cafe of Mafbn, till the matter fliould be brought before the king in council, purfuant to the directions in the commiffion ; yet Barefoote ilifFered executions which had before been iffued to be extended, and perfons to be im- prifoned at Mafon's fuit. This occalioned a frefh complaint and petition to the kin^, which was fent by Wear^, who about this time made a fecond voyage co England, as agent for the province and attorney to Vaugh^n, weare's to manage an appeal from feverai verdidls, Mss. judgments, decrees and fines which had been given againft him in the courts here, one of which was on the title to his eflate. An at- tempt being made to .levy one of the execu- tions in Dover, a number of perfons forcibly refilled the officer^ and obliged him to relin- Mss in quiih his delign. Warrants v/ere then iifued againfi: the rioters, and the IherifF with his attendants attempted to feize them, while the people were alTembled for divine fervice. This caufed an uproar in the congregation, in which a young heroine diftinguiflied her- felf by knocking down one of tbe officers with her bible. They were all io roughly handled that they were glad to efcape with their lives. That nothing might be wanting to fhew the enmity of the people to tlieie meafures, and their hatred and contempt for the au- fiies. thors of them ; there are flill preferved the original depofitions on oath, of Barefoote and Mafon, relating to an allault made on their perfons by Thomas Wi ggen and Anthony Nutter, who had been members of the afiem- 3cvc, 30- t>ly. Thefc two men came to Bar^ioote's Ales MSS in NEW-HAMPSHIRE. 181 houfe wiiere Mafon lodged, and entered into 1685« difcourfe with him about his proceedings ; denying his claim, and uling fuch language as provoked him to take hold of Wiggen, with an intention to thrufl him out at the door. But Wiggen being a flronger man feized him by his cravat, and threw him in- to the fire ; where his clothes and one of his legs were burned. Barefoote, attempting to help him, met with the fame fate, and had two of his ribs broken and one of his teeth beaten out in the ftruggle. The noife alarm- ed the fervants, who at Mafon s command brought his fword, which Nutter took away, making fport of their mifery*. Nothing elfe occurred during Barefoote's Ihort adminiflration, except a treaty of friend- ihip, between the Indians of Penacook and Saco, on the one part ; and the people of New-Hampfliire and Maine on the other. The foundation of this treaty feems to have been laid in Cranfield's project of bringing down the Mohawks on the eaftern Indians ; which had once before proved a pernicious meafure ; as they made no diflincflion be- tween thofe tribes which were at peace with the Englifli, and thofe which were at war. * A fartlier specinicn of tlie contempt in which these men were held, even by the lower class of people, expressed in their own genuine language, may be seen in tlie following affidavit : " Mary Kann, aged thirty yearsor thereabout, witnesseth, that the 21 day of March 84, being in company with Seabank Hog, I heard her say ; it was very hard for the governor of this province to strike Sam. Seavy before ht • poke ; the said Hog said also that it was well the said Seavy's mother was liot tliere for the governor, for if she had, there had been bloody work for him. I heard the said Hog say also, that the governor and the rest of the gentlemen were a crew of pitiful curs, and did they want earthly honour ? if (hey did, she would pvill off her head clothes and come in her hair to them, like a parcel of pitiful be2"<4'arly curs as they were ; come to undous both body and soul ; they could not be contented to take our estates from us, but they have taken away the gospel also, which the devil would have them for it." >' Swora in the court of picas held at Great Island the 7 of Nov. 1684. R. Chan.berlain, Prothon." 182 HISTORY OF 1685. Some of the Penacook Indians who had been at Albany after Cranfield's journey to New- York, reported on their return, that the Mo- hawks threatened deftrudlion to all the eaft-r ern Indians, from Narrhaganfet to Pechyp- fcot. Hagkins, a chief of the tribe, had in- formed Cranfield in the fpring of the danger he apprehended, and had implored affiftance and protedlion, but had been treated with negledl. In Augufl the Penacook and Saco Indians gathered their corn, and removed their families ; which gave an alarm to their Englifli neighbours, as if they were prepar- ing for war. Me^lTengers being fent to de- mand the reafon of their movement, were informed that it was the fear of the Mo- hawks, whom they daily expedled to deftroy them ; and being aiked why they did not come in among the Englifli for protedlion. they anfwered left the Mohawks fliould hurt the Englifli on their account. Upon this they were perfuaded to enter into an agreement ; and accordingly their chiefs being afTembled Sept. 8. with the council of New-PIampfliire, and a deputation from the province of Maine, a treaty was concluded, wherein it was ftipulat- ed, that all future perfonal injuries on either fide fhould, upon complaint, be immediately redrefTed ; that information fhould be given of approaching danger from enemies ; that the Indians fliould not remove their families from the neighbourhood of the Englilh with- out giving timely notice, and if they did that it fliould be taken for a declaration of war ; and, that v/hile thcfe articles w^ere obferved, onginai the EugUfli would aiTiil and protedl them a- %!^ ''^ ^ '^ gainft tlie Mohawks ^nd all other enem^ieiji. NEW-HAMPSHITIE. 183 The danger was but imaginary, and the 1685. peace continued about four years. Though Mafon was hitherto difappointed 1686. in his views of recovering the inhabited part of the province, he endeavored to lay a foun- dation for realizing his claim to the wafte lands. A purchafe having been made from the Indians, by Jonathan Tyng and nineteen others, of a tradl of land on both fides the river Merrimack, fix miles in breadth, from Souhegan river to Winnipifeogee lake ; Ma- fon by deed confirmed the fame, referving to himfelf and his heirs the yearly rent of AprU i5, ten fiiillings. This was called the million acre purchafe. About the fame time he foT^p- farmed out to Hezekiah Ufiier and his heirs, ^i^- the mines, minerals, and ores within the lim- its of New-Hampihire, for the term of one thoufand years ; referving to himfelf one quarter part of the royal ores, and one fev- venteenth of the bafer forts ; and having put ^^f^ ^ his alfairs here in the beft order that the times would a.dmit, he failed for England, to attend the hepaing of Vaughan's appeal to the king. ][^4 HISTORY OF CHAP. IX.. Xhc admimstratiQn of Dudley as President^ and Androsse air governor of Nevj-Evgland. — Maf.oii's farther attempt. — Hu disappointment and death, -^RevoLxition.— Sale to AUenj-'^Hu i^ommi^^ion for the government. )• HEN an arbitrary government is determined to infringe the liberty of the people, it is eafy to find pretences to fupport the mod unrighteous claims. King Charles the fecond in the latter part of his reign wa& making large ftrides toward defpotifm. Char- ters, which obftrudled his pernicious views, were by a perverfion of the law decreed for- feited. The city of London, and moll of the corporations in England, either fufFered the execution of thefe fentences, or tamely fur- rendered their franchifes to the all-grafping hand of power. It could not be expelled that in this general wTeck of privileges the colonies of New-England could efcape. The people of Maflachufetts had long been view- Sr^p. ^^ with a jealous eye. Though the king had page 377. repeatedly alTured them of his protection, and folemnly confirmed their charter privileges ; yet their fpirit and principles were fo totally difTonant to the corrupt views of the court, that intriguing men found eafy accefs to the royal ear, with complaints againfl them. Of thefe the moft inveterate and indefatigable Hutch. . vol. i.page was Randolph, who made no lefs than eight 529- voyages in nine years acrof ; the Atlantic, on this mifchievous bufmefs. They were ac~ cufed of extending their j^irifdiclion beyond the boxmds of their patent ; of invading the NEW-HAMPSHIRE. ♦"' 185 prerogative by coining money ; of not al- lowing appeals to the king from their courts ; and, of obllru(5ling the execution of the nav- igation and trade laws. By the king's com- mand agents were fent over to anfwer to thefe complaints. They found the prejudice a- gainfl the colony fo ftrong, that it was in vain to with (land it ; and folicited inflruc- tions whether to fubmit to the king's pleafure, or to let the proceedings againft them be if- fued in form of law. A folemn confultation being held, at which the clergy affifled, it was determined " to die by the hands of others *' rather than by their own.'* Upon notice of this, the agents quitted England; and lo83. Randolph, as the angel of death foon follow- '^° ** ed them, bringing a writ of quo warranto from the king's bench ; but the fcire facias which ilTued from the chancery did not ar- rive till the time fixed for their appearance was elapfed : This however was deemed too trivial an error to flop the proceedings ; judg- mient was entered againft them, and the char- ter declared forfeited. The king died before a new form of gov- igg^. ernment was fettled ; but there could be no Feb. 6. hope of favor from his fuccefTor, who inher- ited the arbitrary principles of his brother, and was publicly known to be a bigoted papift. The intended alteration in the government was introduced in the fame gradual manner as it had been in New-Hamplhire. A com- miiTion v/as iifued, in which Jofeph Dudley, efquire, was appointed prelident of his maj- efty's territory and dominion of New-Eng- land : WiUiam Stoughton, deputy prefident ^ 186 HISTORY OF 1685. Simon Bradflreet, Robert Mafon, John Fitz Winthrop, John Pynchon, Peter Bulkley, Edward Randolph, Wait Winthrop, Richard Warton, John Ufher, Nathaniel Saltonftall, Bartholomew Gedney, Jonathan Tyng, Dud- ley Bradflreet, John Hinckes, and Edward Tyng, counfellors. Their jurifdicflion ex- tended over MafTachufetts, New-Hamplliire, Maine and the Narrhaganfet or King's prov- ince. Thefe gentlemen were moflly natives of the country, fome of them had been mag- iftrates, and one of them governor under the charter. No houfe of deputies was mention- ed in the commiflion. 1686, The new form of government took place on the twenty fifth day of May ; and on the tenth of June an order of covmcil was ifTued for fettling the county courts, which confilf- ed of fuch members of the council as refided in each county, and any others of them who might be prefent ; with fuch juftices as were commiflioned for the purpofe. Thefe courts had the power of trying and iiTuing all civil caufes, and all criminal matters under life or limb ; from them an appeal was allowed to a fuperior court held three times in the year at Bofton, for the whole territory ; and from thence appeals, in certain cafes, might be had to the king in council. Juries were pricked by the marfhal and one juftice of each coun- ty, in a lifl given them by the feledlmen of the towns. A probate court was held at Boflon, by the prefident, and " in the other " provinces and remote counties" by a judge and clerk appointed by the prefident. The territory was divided into four counties, viz. Suffolk, Middlefex, EfTex and Hamplhire ; NEW-HAMPSHIRE. 187 and three provinces, viz. New-Hampfhire, 1686. Maine, and King's province. By another or- Panted or- der of the fame date, town-taxes could not he files. aifeiTed but by allowance of two juftices ; and the members of the council were exempt- ed from paying any part thereof. Things were conduced with tolerable de- cency, and the innovations were rendered as little grievous as pofTible ; that the people might be induced more readily to fubmit to the long meditated introdu(5lion of a gover- nor-general. In December following. Sir Edmund An- droffe who had been governor of New- York, arrived at Boflon with a commiffion, appoint- ing him captain-general and governor in chief of the territory and dominion of New- England, in which the colony of Plymouth was now included. By this commiffion, the governor with his council, five of whom were a quorum, were impowered to make fuch laws, impofe fuch taxes, and apply them to fuch purpofes as they ihould think proper. They were alfo empowered to grant lands on ^s copy llich terms, and fiibjedl to fuch quit-rents, as °{^^? ^°^' fhould be appointed by the king. Inverted with fuch powers, thefe men were capable of the moll extravagant adlions. Though An- droffe, like his mafter, began his adminiilra- tion with the faireft profeffions, yet like him, he foon violated them, and proved himfelf a fit inftrument for accomplifhing the mofl exe- crable defigns. Thofe of his council who were backward in aiding his rapacious intentions were negledled. Seven being fufficient for a full board, he feledled fuch only as were de- moted to him, and with their concurrence did 188 HISTORY OB 1686. what he pleafed. Randolph and Mafon were Hutchin. ^^ ^^11 among his confidants ; but afterward 344. when New- York was annexed to his govern- pap .^ 564. iT^ent, the members from that quarter were moft in his favour. 1687. To particularize the many inftances of ty- ranny and opprefTion which the country fuf- fered from thefe men, is not within the de« fign of this work. Let it fuffice to obferve, that the prefs was reftrained ; liberty of con-- fcience infringed ; exorbitant fees and taxes demanded, without the voice or confent of the people, who had no privilege of reprefen- . tation. The charter being vacated, it was pretended that all titles to land were annul-r ^Tew'°" led ; and as to Indian deeds, AndrofTe declar- Engiaiid ed them no better than " the fcratch of a 5ustiaed, p. |^g,^j,,g p^^, » Landholders were obliged to take out patents for their eftates which they had pofTeiTed forty or fifty years ; for thefe patents extravagant fees were exa(5led, and thofe v/ho would not fubmit to this impofi- tion had Vta'its of intrufion brought againft them, and their land patented to others. To hinder the people from confulting about the redrcfs of their grievances, town-meetings were prohibited, except one in the month of May for the choice of town officers ; and to prevent complaints being carried to England, no perfon was permitted to go out of the country without exprefs leave from the gov- ernor. But nptwithftandj ng all the vigilance of the governor, his emiilaries and his guards, hfe^p.^107' t^^ refolute and indefatigable Increafe Math- er, irdnider of the fecond church in Bollon, and prefident of the college, got on board a ihip and failed fqr JEngland, with complaintjs NEW-HAMPSHIRE. 189 in the name of the people againil the gover- 1687, nor, which he delivered with his own hand to the king ; but finding no hope of redrefs, he waited the event of the revolution which was then expedled. When the people groaned under fo many 1688. real grievances, it is no wonder that their fears and jealoulies fuggefted fome that were im- aginary. They believed AndrofTe to be a pa- pift ; that he had hired the Indians, and fup- plied them with ammunition to deftroy their Revolution frontier fettlements ; and that he was prepar- justified, p,^ ing to betray the country into the hands of the French. At the fame time, the large ftrides that King James the fecond was mak- ing toward the eftablifliment of popery and defpotifm, raifed the moft terrible apprehen- lions ; fo that the report of the landing of the Prince of Orange in England was received here with the greateft joy. AndroiFe was fo alarmed at the news, that he imprifoned the man who brought a copy of the prince's de- claration, and publifhed a proclamation com- manding all perfons to be in readinefs to op- pofe " any invafion from Holland," which met with as much difregard as ake he had if- fued before, appointing a day of thankfgiv- ing for the birth of a Prince of Wales. The people had now borne thefe innova- ^^°"* tions and impolitions for about three years : Their patience was worn out, and their na- tive love of freedom kindled at the profpedl of deliverance. The news of a complete revo- lution in England had not reached them. ; yet fo flmguine were their expedlations, fo eager were they to prove that they were animated by the fame i|^irit with their brethren at home, 190 HISTORY OP 1689. that upon the rumour of an intended mafla- cre in the town of Boflon by the governor's guards, they were wrought up to a degree of fury. On the morning of the eighteenth of April the town was in arms, and the country flocking in to their afliflance. The governor, and thofe whp had fled with him to the fort, were feized and committed to prifon. The gentlemen who had been magiftrates under the charter, with Bradilreet, the late gover- nor, at their head, afTumed the name of a council of fafety, and kept up a form of gov- ernment, in the exigency of affairs, till or- ders arrived from England ; when AndrolTe - and his accomplices were fent home as prif- oners of ftate, to be difpofed of according to the king's pleafure. The people of New-Hamplhire had their Ihare of fufFerings under this rapacious ad- miniftration ; and Mafon himfelf did not efcape. Having attended the hearing of Vaughan's appeal to the king which \%^s de- cided in Mafon's favour ; the judgment ob- >fov. 6, tained here, being affirmed • and having now '®*^' the fairefl profpecSl of realizing his claim, he returned hither in the fpring of 1687, but found his views obftru6led in a manner which he little expelled. The government was in the hands of a fet of hungry harpies, who looked with envy on the large fliare of coKmpers, territory which Mafon claimed, and were for p. 564. parceling it out among themfelves. The new ^ judges delayed ifTuing executions on the judgments which he had formerly recovered, and the attorney-general, Graham, would not allow that he had power to grant lands by leafes. This confirmed the people i^ NEW-HAMPSHIRE. 191 their opinion of the invalidity of his claim, 1689. and rendered them (if pofTible) more averfe from him than ever they had been. At length, ms in sup. however, he obtained from Dudley the chief ^o"" fi'«^- juflice, a writ of certiorari, diredled to the late judges of New-Hampfliire, by which his caufes were to be removed to the fupreme ^Sh**' court of the whole territory, then held at Bofton ; but before this could be done, death put an end to his hopes and relieved the peo- ple for a time of their fears. Being one of Sir Edmund's council, and attending him on ^j'^'iess, a journey from New- York to Albany ; he di- HutcWn. ed at Efopus, in the fifty ninth year of his 365. ' ^ age ; leaving two fons, John and Robert, the ^°"^*- heirs of his claim and controverfy. see. The revolution at Bofton, though extreme- ly pleafing to the people, of New-Hampfhire, left them in an unfettled ftate. They waited the arrival of orders from England ; but none arriving, and the people's minds being un- eafy, it was propofed by fome of the princi- pal gentlemen, that a convention of deputies from each of the towns fhould confider what was beft to be done. The conventionr-par- liament in England was a fufficient precedent to authorize this proceeding. Deputies were accordingly chofen* and inftrudled to refolve :"% * The members of this convention were, For Portsmouth. Jolm Tuttle, Major William Vaughan, John Roberts, Richard Waldron, Thomas Edgerl^, Kathaniel Fryer, Nicholas Foliet. Robert Kliot, For Exeter. Thomas Cobbett, Robert Wadley, Capt. John Pickering. William More, For Dover. Samuel Leavitt. Capt. John Woodman, [Portsmouth, Dovex ai)d Exeter Capt. Ji/hn Gerrish, Records.] It does not appear from Hampton records whether they joined in this con- vsiUionj or returned inaraediately to tlie government of Massachusetts. i^'ii HISTORY OF 1690. upon lome method of government. At their M^pRec ^^^ meeting they came to no conclufion ; but Portsmou. aftcrward they thought it bell to return to SeTer^Re- thclr aucieut union with Maflachufetts. A cords. petition for this purpofe being prefented, they were readily admitted ; till the king's pleaf- i'/Larcb i». ure lliould be known and members were fent to the general court which met there in this pid the two following years. The gentlemen wjio had formerly been in commiffion for the peace, the militia and the civil offices, wer§ by town votes, approved by the general court, reftored to their places, and ancient laws and cufloms continued to be obferved. Had the inclination of the people been 1691. confulted, they would gladly have been an- ne^fed to that government. This was well I. Mather's fenowu to Mather and the other agents, who life, page when foliciting for a new charter, earneflly requefted that New-Hampfliire might be in- cluded in it. But it was anfwered that the voKi/p! people bad exprefled an averiionfrom it and ^^^* deiired to be under a diftindl government. This could be founded only on the reports which had been made by the commilTioners in 1665, and by Randolph in his narrative. The true reafon for denying the requeft was ; April 27. that Mafon's two heirs had fold their title to the lands in New-Hampfliire to Samuel Al- len of London, merchant ; for feven hundred and fifty pounds, the entail having been pre- j^igingup vioufly docked by a fine and recovery in the Court files, court of kiug's bench ; and Allen was now foliciting a recognition of his title from the crown, and a commiffion for the government of the province. When the inhabitants were informed of what was doing, they again af- neW-hampshii^e. 19B fembled by deputies in convention, and fent 1691. over a petition to the king, praying that they might be annexed to MalTachufetts. The pe- tition was prefented by Sir Henry Afhurft, and they were amufed with fome equivocal • r r r r i i i r -kt • Hutchinsoa promiles or lucceis by the earl or Notting- voi.2.p. e. ham ; but Allen's importunity coinciding with the king's inclination, efFecflually fruf- trated their attempt. The claim which Al- len had to the lands from Naumkeag to three miles northward of Merrimack, was noticed ^"™ in the MalTachufetts charter ; and he obtain- ed a commiflion for the government of New- Hampfhire, in which his fon in law John Uiher, then in London, was appointed lieu- tenant governor, with power to execute the coinmiilion in Allen's abfence. The counfel- lors named in the governor's inftrudlions were John Ullier, lieutenant governor, John Hinckes, Nathaniel Fryer, Thomas GrafFort, Peter Coffin, Henry Green, Robert Eliot, John Gerrilh, John Walford and John Love. The governor was inftruded to fend to the feclxtary of (late the names of fix other perfons fnitable for counfellors. Three were a quo- rum., but the inftruclions were that nothing fliould be done unlefs five were prefent ex- cept in extraordinary emergencies. Major Vaughan, Nathaniel Weare and Richard ms Copy Waldron were afterward added to the ^^^°™:*'^ , Council number. minute». The council was compofed of men who, ill general, had the confidence of the people ; but Ufher was very difagreeable, not only as. he had an intereil in Allen's claim to the lands, bur as he had bee\. one of Sir Edmund A A 194 UiSTOkY6f 1692. Androire's adherents, and an adlive indru- ment in the late oppreflive government. He arrived with the cOmmilTion and took upon ^JS!. him the command, on the thirteenth day of Augufl. The people again fubmitted, with extrerne reludlance, to the unavoidable necef- fity of being under a government diftincfl frorn MaiTachufetts. The year 169!^ was remarkable for a great mortality in Portfmouth and Greenland by the fmall pox. The infedion was brought in bags of cotton from the Weft-Indies, and there being but few people who were ac- Ms Lcttef. quainted with it, the patients fufFered great-^ ly, and but few recovered. NEW-HAMPSHIRE, J9i5 CHAP. X. i'he Tjar ivith the Frtnch ar:d Indiansy commoyily called King William's ivar. It was the misfcrtune qf this country to have enemies of different kinds to contend with at the fame time. While the changes above related were taking place in their government, a frefh war broke out on their frontiers^ which, though afcribed to divers caufes, was really kindled by the rafh- nefs of the fame perfons who were making havock of their liberties. . The lands from Penobfcot to Nova-Scotia had been ceded to the French, by the treaty of Breda, in exchange for the illand of St. Chriftopher. On thefe lands the Baron de coii. pip. St. Caftine had for many years refided, and ''' ***' carried on a large trade with the Indians ; with whom he was intimately connected ; having feveral of their women,belide a daugh- ter of the fachem Madokawando, for his wives. The lands which had been granted by the crown of England to the duke of York (now King Jarnes the fecond) interfer-^ ed with CafUne's plantation, as the duke claimed to the river St. Croix. A fort had been built by his order at Pemaquid, and a garrifbn ftationed there to prevent any intru- fion on his property. In 1 686 a fhip belong- ing to Pafcataqua landed fome wines at Pe-r nobfcot, fuppofing it to be within the French territory. Palmer and Weft, the duke's agents - It Pemaquid, went and feized the wines ; 196 HISTORY OF but by the influence of the French ambaffk' dor in England, an order was obtained for , the reftoration of them. Hereupon a new- line was run which took Caftine's plantation into the duke's territory. In the fpring of 1688. 16S8, AndrolFe went in the Rofe frigate, and plundered Caftine's houfe and fort ; leaving only the ornaments of his chapel to confole him for the lofs of his arms and goods. This bafe adlion provoked Caftine to lexcite S^tap. ^^^ Indians to a new war, pretences for p. 562. which were not wanting on their part. They com plained that the tribute of corn which had been promifed by the treaty of 1678, had been withheld ; that the fifhery of the river Saco had been obflru(fled by feines ; that their Handing corn had been devoured by battle belonging to the Englifh ; that their lands at Pemaquid had been patented with- out their confent ; and that they had been fraudulently dealt with in trade. Some of thefe complaints were doubtlefs well ground- ed ; but none of them were ever enquired into or redrelTed. They began to make reprifds at North Yarmouth by killing cattle. Juflice Black- man ordered fixteen of them to be feized and kept under guard at Falmouth ; but others continued to rob and captivate the inhabi- tants. AndrofFe, who pretended to treat the Indians with mildnefs, commanded thofe whom Blackman had feized to be fet at lib- erty. But thi^s mildnels had not the defired elFesfl ; the Indians kept their prifoners, and jTiurdered fome of them in their barbarous ii'olicks. Androilc then changed his meaf- ures, and thought to frighten them, with aii NEW-HAMPSHIRE. 197 army of feven hundred men, which he led 1688. into their country in the month of Novem- ber. The rigor of the feafon proved fatal to fome of his men ; but he never faw an In- dian in his whole march. The enemy were quiet during the winter. After the revolution, the gentlemen who 1689* alTumed the government took fome precau- tions to prevent the renewal of hoflilities. They fent mefTengers and prefents to feveral tribes of Indians, who a.nfwered them with fair promifes ; but their prejudice againft the i^eaTanT^ Engliih was too inveterate to be allayed by Mather: fuch means as thefe. Thirteen years had almofl elapfed fince the feizure of the four hundred Indians, at Co- checho, by Major Waldron ; during all which time an iuextinguifhable thirfl of revenge had been cherifhed among them, which nev- er till now found opportunity for gratifica- tion*. Wonolanfet, one of the fachems of Penacook, who was difmiffed with his people at the time of the feizure, always obferved his father's dying charge not to quarrel with the Engliih ; but Hagkins, another fachem, who had been treated with negledl by Cran- field, was more ready to liflen to the feduc- ing invitations of Caftine's emiffaries. Some of thofe Indians, who were then feized and fold into flavery abroad, had found their way home, and could not reft till they had revenge. Accordingly a confederacy being formed be- * The inveteracy of their hatred to Major Waldron on account of that transaction, appears from what is related by Mr. WiUiams in the narrative ofhis c aptivity, which happened in 1704. When he was in Canada, a Jesu- it di.^coursing witli him on the causes of tlieir wars with New-England, " justified the Indians in what they did against us ; rehearsing some things •■done by Major Waldron abovf- 30 yoirs ago, and how justly God retaliated " thfta." Page 18. 198 * HISTORY OF 1689. tween the tribes of Penacodk and Pigwacket, and the flrange Indians (as they were called) who were incorporated with them., it was de- termined to furprif'e the major and his neigh- bours, among whom they had all this time been peaceably eonyerfant. In that part of the town of Dover which lies about the firfh falls in the river Cochecho, were five garrifoned houfes ; three on the North fide^ viz. Waldron's Otis' and Heard's ; and two on the fouth fide, viz. Peter Coffin's and his fon's. Thefe houfes were furround- ed with timber-wallSj the gates ot which, a^ well as the houfe doors, were fecured with bolts and bars. The neighbouring families retired to thefe houfes by night ; but by an unaccountable negligence, no watch was kept. The Indians vrho ^vere daily pafFxng through the town vifiting and trading with the in- habitants, as ufual in time of peace, viewe4 their fituation with an attentive eye. Some hints of a mifchievous defign had been given out by their fqua.ws ; but in fuch dark and ambiguous terms that no one could compre- hend their meaning. Some of the people were uneafy ; but Waldron who, from a long courfe of experience, was intimately acquaint- ed with the Indians, and on other occaiioris had been ready enough to fu{j:)ecl them, was now io thoroughly fecure, that v/hen lome of the people hinted their fears to him, he mer- rily bad them to go and plant their pump- kins, faying that he woulcl tell them when the Indians would l^'eak out. The very evening before the mlfchief was done, being told bv a young man that the town was full of Indians and tUe people were much cou- \-^ fceriied ; he anfwered that he knew the In* 1689. dians very well and there was no danger. The plan which the Indians had precon- certed was, that two fqnaws fhonld go to each of the garrifoned houfes in the evening, and afk leave to lodge by the fire ; that* in the , night when the people were afleep they fhould open the doors and gates, and give the fignal by a whiftle ; upon which the ftrange Indians, who were to be within hearing, Ihould rufh in, and take their long meditat-^ ed revenge. This plan being ripe for execu-« tion, on the evening of Thnrfday the twen- ty feventh of June, two fquaws applied to each of the garrilbns for lodging, as they fre- quently did in time of peace. They were admitted into all but the younger Coffin's, and the people, at their recjueft, fhewed them how to open the doors, in cafe they Ihould hrtve Qccalion to go out in the night. Mefan*» dowit, one of their chiefs, went to Waldron's garrifon, and was kindly entertained, as he had often been before. The fquaws told the major, that a number of Indians were com- ing to trade with him the next day, and Me- fandowit v/hile at fupper, with his ufual fi- miliarity, faid,' Brother Waldron, what would * you do if the ftrange Indians Ihould come V The major carelefsly anfwered, that he could affemble an hundred men, by lifting up his finger. In this unfufpedling confidence the family retired to reft. When all was quiet, the gates were opened und the fignal given. The Indians entered, fet a guard at the door, and ruftied into the major's apartment, which was an inner room. Awakened by the noife, he jumped out of bed, and though now advanced in life to the 2fOO HISTORY OP 1689. age of eighty years, he retained fo much vi'g. our as to drive them with his fword, through two or three doors ; but as he was returning for his other arms, they came behind him, llunned him with a hatchet, drew him into his hall, and feating him in an elbow chair on a long table infultingiy afked him, " Who "fhall judge Indians now ?" They then obliged the people in the houfe to get them \ fome vi61:uals ; and when they had done eat- ing, they cut the major acrofs the bread and belly with knives, each one with a ftroke, faying, " I crofs out my account." They then cut off his nofe and ears, forcing them into his mouth ; and when fpent with the lofs of blood, he was falling down from the table,, one of them held his own fword under him, which put an end to his mifery. They alfo killed his fon in law Abraham Lee ; but took his daughter Lee with feveral others, and having pillaged the houfe, left it on fire. Otis's garrifon, which was next to the major's, met with the fame fate ; he was killed, w4th feveral others, and his wife and child were captivated. Heard's was faved by the bark- ing of a dog juft as the Indians were enter- ing : Elder Wentworth, who was awakened by the noife pufhed them out, and falling on his back, fet his feet againft the gate and held it till he had alarmed the people ; two balls were fired through it but both miffed him. Coffin's houfe was furprized, but as the Indians had no particular enmity to him, they fpared his life, and the lives of his fam- ily, and contented themfelves with pillaging the houfe. Finding a bag of money, the)- made him throw it by handful s on the floor, JfiEW-HAMPSHIRE. 201 while they amufed themfelves in fcrambling 1689. for it. They then went to the houfe of his fon who wo'ild not admit the fquaws in the evening, and lummoned him to furrender, promifiag him quarter : He declined their offer and determined to defend his houfe, till they brought out his father and threat- ened to kill him before his eye^ : Filial af- tedlion then overcame his refolution, and he furrendered. They put both families toge- ther into a deferted houfe, intending to re- fer ve them for prifoners ; but while the In- dians were bufy in plundering, they all ef- caped. Twenty three people were killed in this furprifil, and twenty nine were captivated ; five or fix houfes, with the mills, were burn- ed ; and fo expeditious were the Indians in the execution of their plot, that before ther people could be colledled from the other parts of the town to oppofe them, they fled with their prifoners and booty. As they paffed by Heard's garrifon in their retreat^ they fired upon it ; but the people being prepared and refolved to defend it, and the enemy being in hafle, it v^as preferved. The prefervation of its owner was more remark- able. Elizabeth Heard, with her three fons and a daughter, and fome others, were returning in the night from Portfmouth. They paf- led up the river in their boat unperceived by the Indians, who were then in poffefTion of the houfes ; but fafpeding danger by the aoife which they heard, after they had land- ed they betook themfelves to Waldron's gar- rifon, where they faw lights, which they 202 HISTORY OF 1689. imagined were fet up for dire6lion to thofcr who might be feeking a refuge. They knocked and begged earneflly for admiflion ; but no anfwer being given, a young man of the company climbed up the wall, and faw, to his inexpreiTible fur prize, an Indian ftand^ ing in the door of the houfe, with his gun. The woman was fo overcome with the fright that fhe was unable to fly ; but begged her children to fhift for themfelves ; and they with heavy hearts, left her. When flie had a little recovered fhe crawled into fome bulhes, and lay there till day-light. She then perceived an Indian coming toward her with a piftol in his hand ; he looked at her and went away : returning, he looked at her again ; and fhe aiked him what he would have ; he made no anfwer, but ran yelling to the houfe, and ihe faw him no more. She kept her place till the houie was burned, and the Indians were gone ; and then returning home, found her own houfe fafe. Her pref- ervation in thefe dangerous circumftances was more remarkable, if (as it is fuppofed) it was an inftance of juflice and gratitude in the Indians. For at the time when the four or hundred were feized in 1676, a young In- dian efcaped and took refuge in her houfe, where flie concealed him ; in return for which kindnefs he promifed her that he would never kill her, nor any of her family in any future war, and that he would ufe his influence with the other Indians to the fame purpofe. This Indian was one of the party who furprized the place, and flie was well known to the mofl: of them. NEW-HAMPSHIRE, 203 The fame day, after the mifehief was done, 1689* it letter from Secretary Addington, written by order of the government, direcfled to Major Waldron, giving him notice of the intention of the Indians to furprize him under pre- tence of trade, fell into the hands of his fon. This delign was communicated to Governor Massa.Rec. Bradftreet by Major Henchman of Chelms- ford, who had learned it of the Indians. The letter was difpatched from Bofton, the day onginsi before, by Mr. Weare ; but fome delay which ^***^ he met with at Newbury ferry prevented its arrival in feafon. The prifoners taken at this time were moftly carried to Canada, and fold to the French ; and thefe, fo far as I can learn, were the' firil that ever were carried thiiiher*. * One of these prisoners was Sarah Gejrish, a remarkably fine child of ■•seven years old, and grand-daughter of Major WaMron, in whose house she lodged that fatal night. 6ome drcumstances attending her captivity are ■truly aflfecting. When she was awakened by the noise of the Indians in the Jiouse, she crept into another bed and hid lierself under the clothes to esoap« their search. She remained in their hands till the next winter, and was sold Irom one to another for several times. An Indian gir! once pushed her into a river j but, catching by the bushes, slie escaped drowning, yet durst not -■iell how she came to be wet. Orce she was so weary with travf llinj; tlxat she c'id not awake in the morning till the Indians were gone, and then found herself ■alone in the woods, covered with snow, and wjthout any food ; having found their tracks she went crying after them til! they heard her and took her with •them. At another time they kindlrd a great fire, and the young Indians told lier she was to be roasted. She burst into tears, threw her arms round her inaster's neck, and begged him to save her, which he promised to do if slie •would behave well Being arrived in Canada, she was bouorht by the In- tendant's lady, who treated her courteously, and sent her to a nunnery for education. But when Sir William Phjps was at G^uebec she was exchanged, and returned to her friends, with whom she lived till she vs^s sixteeu years old. Tlie wife ef Riclwrd Otis was taken at the same time, with an infant •laughter of tliree months old. The French priests took this child under their «are, baptized her by the name of Christina, and educated her in the Romish religion. She passed some time in a nunnery, but declined taking the veil, and was married to a Frenchman, by whom she had two cliildren. But het desire to see New-England was so strong, that upon an exchange of prison- er.s in 1714, being then a widow, she left both her children, who were not permitted to come with her, and returned home, where she abjured the Romish faith. M. Siguenot, her former confessor, wrote her a flattering let- ter, warning her of her danger, inviting her to return to the bosom of the qatlioUc church, and repeating many gross calumnies which had formerly l^n vented against LutJiw and the »ther ref«rni.ers. This Utter bc^ng 204 HISTOKY OF 1689. The Indians had been feduc^d to the French intereft by popiih emilTaries, who had began to fafcinate them with their reUgious and na- tional prejudices. 1 hey had now learned to call the Engliih hereticks, and that to extir- pate them as fuch was meritorious in die fight of heaven. When their minds were filled with religious phrenzy, they became inore bitter and implacable enemies than be- fore ; and finding the fale of fcalps and prif^ oners turn to good account in Canada, chey had flill farther incitement to continue their depredations, and profecute their vengeance. The necellity of vigorous meafures was now fo preffing, that parties were immedi- ately difpatched, one under Captain Noyes to Penacook, where th^y deftroyed the corn, but the Indians efcaped ; another from Paf- cataqua, under Captain Wincal, to Winnipi-^ feogee, whither the Indians had retired, as John Church, who had been taken at Co- checho and efcaped from them, reported ; One or two Indians were killed there, and their corn cut down. But thefe excurfions proved of fmall fervice, as the Indians had little to lofe, and could find an horne where- ever they could find game and filh. In the month of Aug u ft Major Swaine, with feven or eight companies raifed by the shewn to Governor Burnet, he wrote her a sen?ih1e and m,i?terly answer, re^ futing tlie ar^niiuents, and detectiiig- the f'alse!>oods it contained : Botli these letters vveie printed. She was married afterward to Capt. Thomas Baker, •who har'. bT'en taken at Deerfleld in 1704; and lived in Dover, where she was born,tiU the year 1773. • Mr John Lmerson, by dechning to loilre at Major Waldron's on the fatal DJijht, though strongly urged, met witli an liappy escape. He was afterward aministei'at N'ca -Castle and Portsmnuth. *<,*So»n<3 of the circumsianres relating to tlie destniction of Cochech^ are ta!cei5 froni NTa.h«r*s Ma,;i:alia. Tiiepthers ircm the traditiw of the. si^^&rers and tiicir dcsccndsnts. ^ KEW-HAMPSHIRE. > 205 MajOfachufetts government, marched to tlie 1689. eaftward ; aad Major Church, with another party, confiiting of Englifh and Indians, from the colony of Plymouth, foon followed them. While thefe forces were on their march, the Indians, who lay in the woods about Oyfler river, obferved how many mien belonged to Hucking's garrifon ; and feeing them all go out one morning to work, nimbly ran be- tween them and the houfe, and killed them all (being in number eighteen) except one who had pafTed the brook. They then at- tacked the houfe, in which were only two boys (one of whom was lame) with fome women and children. The boys kept them off for fome time and wounded feveral of them. At length the Indians fet the houfe on fire, and even then the boys would not furrender till they had promifed them to fpare their lives. They perfidiouily m.urder- ed three or four of the children ; one of them was fet on a iharp ftake^ in the view of its diftreffed mother, who V7ith the other women and the boys were carried captive. One of the boys efcaped the next day. Cap- tain Garner with his company purfued th^ enemy, but did not corne up with them. The MalTachufetts and Plymouth compa- nies proceeded to the eaflward, fettled garri- fons in convenient places, and had fome fkir- milhes with the enemy at Cafco and Blue Point. On their return. Major Swaine fent a party of the Indian auxiliaries under Lieu- tenant Flagg toward Winnipifeogee to make jdifcoveries. Thefe Indians held a confulta- tion in their own language ; and having per- faaded their lieiitenent with two men to re- !206 HISTORY OF 1689. turn, nineteen of them tarried out eleven days longer ; in which time they found the enemy, ftaid with tliem two nights, and in- formed them of every thing which they de- fired to know ; upon which the enemy re- mlTv^w. tired to their inacceflible deferts, and the forces returned without finding them, and in November were difbanded. Nothing was more welcome to the diftref- fed inhabitants of the frontiers than the ap- proach of winter, as they then expedled a refpite from their fuiFerings. The deep fnows and cold weather were commonly a good fecurity againft an attack from the In- dians ; but when refolutely fet on mif- chief, and inftigated by popifh enthufiafm, no obilacles could prevent the execution of their purpofes. 1690, The Count de Frontenac, now governor of Canada, was fond of diilinguiihing him- felf by fome enterprizes againil the Ameri- can fubjedls of King William, with whom his mailer was at war in Europe. For this purpofe he detached three parties of French and Indians from Canada in the winter, who were to take three different routes into the Englifh territories. One of thefe parties inarched from Montreal and deftroyed Sche- nectada,a Dutch village on the Mohawk river, in the province of New-York. This acflion which happened at an unufual time of the year, in the month of February, alarmed the whole country ; and the eaftern fettlements were ordered to be on their guard. On the eighteenth day of March, another party which came from Trois Rivieres, under the <;0mman4 of the Sieur Hertel, an f)$cer oi NEW-HAMPSHIRE. 207 great repute in Canada, found their way to 169(X Salmon falls, a fettlement on the river which divides New-Hampfhire from the province of Maine. This party confifted of fifty two men, of whom twenty five were Indians un- der Hoophood, a noted warrior. They be- gan the attack at day-break, in three differ- ent places. The people were furprized ; but flew to arms and defended themfelves in the garrifoned houfes, with a bravery which the enemy themfelves applauded. But as in all fuch onfets the affailants have the great- eft advantage, fo they here proved too ftrong for the defendants ; about thirty of the braveft were killed, and the reft furren- dered at difcretion, to the number of fifty four, of whom the greater part were women and children. After plundering, the enemy burned the houfes, mills and barns, with the cattle* which were within doors, and then retreated into the woods, whither they were purfued by about one hundred and forty men, fuddenly colledled from the neighbour- ing towns, who came up with them in the afternoon at a narrow bridge on Woofter's river. Hertel expedling a purfuit, had pofted his men advantageoufly on the oppofite bank. The purfuers advanced with great intrepidity, and a warm engagement enfued, which lafted tillnight,whenthey retired withthe lofs of four or five killed ; the enemy by their own account . loft two, one of whom was Hertel's nephew ; Uv.7.p.74^ his fon was w^ounded in the knee ; another Frenchman was taken prifoner, who was fo ub.7,p.6» • Clvirlevobc &ays they burned " twenty-seven houses and two thousand head of cattle in the barna." TH^e number of buildin-js, including nii!!s, barns and otl»er outhouses, mis-hi amowxt to pew t^veoty : but th« numbev "flattie 3« he gives it, is inaredii):e, ^8 HISTORY OF 1690. tenderly treated that he embraced the protef- tant faith, and remained in the country. Hertel-on his way homeward met with a third party who had marched from Quebec, and joining his company to them attacked and deflroyed the fort and fetclement at Gai^ CO, the next May. Thus the three expedi- tions planned by Count Frontenac proved fliccefsful ; but the glory of them was much tarniihed by adls of cruelty, which chriftians iliould be alhamed to countenance, though perpetrated by favages*. After the deftruction of Cafco the eaflern fettlements were all deferted, and the people * Tlie following instances of cruelty exercised towards the prisoners taken at Salmon falls are mentioned by Dr. Mather. Robert Rogers, a corpulent man, being unable to cany the burden which the Indians imposed upon hira, threw it in the path and went asi-'.e in the woods to conceal himself. They found him by his track, stripped,^ beat and pricked h.im with theix swords ; then tied him to a tree and danced round him till they had kindled a fire. They gave him time to pray, and take leave of his fellow prisoners who were placed round the fire to see his death. They pushed the fire toward him, and when he was almost stifled, took it away to give him time to breathe, and thus prolong his misery ; they drown- ed his dying groans with their hideous singing and yelling; all the while dancing round the fire, cutting off pieces of his flesh and throwing them in his face. When he was dead they left his body broiling on the coals, Lb which state it was found by iiis frien '? nnd binied. Mehetaht! Goo^iwin was taken ■••.ith a child of five months old. When it cried they threati- '-?d to kill it, whid: n-ade the mother go asi'Ie and sit for hours together in tlie snow to lull it to sleep ; her master seeing that this hindered her frOTntra.-e''ing, took the child, struck its b.ead against a tree, and hung it on one of tlie branches ; she wou'd have buried it but he would not let her, telling her that if she came again that way she might have the pleasure of seeing it. She '.vas c.irried to Canada, and after five years return- ed home. ?^ary Plaisted was taken out af her bed, having lain in but three weeks.— They made her travel with then: through the snow, and •' to ease her of h.er burle.'i,'" as they said, struck the child's head against a tree, and threw it in- to a river. An anecdote of another V.ind may relieve the readef after these tragical ac-* counts. Thoma.'j Toogood was pursued by three Indians and overtaken by one of them, wlic !5avin-:f emviired his name, was preparing strings to bind him holding his gun under his arm, which Toogood seized and went back- ward, keeping the gun presented at him, and protesting that he vsoiild shoot him if he alarmed the other.«: who had stopped on the opposite side of the hill. By t! is 'lexterity he escaped and got safe into CochcchO; w'.iilehis adversary had no recompense in his power but to call after him by the name of jVo good- When he returned to iiis compmions without gun or prisoner, tlicii derision 4Rad« his misadventure the more grievous. :NrEW-HAMPSHlRE. SO^ Htited to the fort at Wells. The Indians 1690. then came up weftward, and a party of them under Hoophood fometime in May made an afTauIt on Fox Point, [in Newington] where they burned feveral houfes, killed about fourteen people, and carried away fix. They were purfiied by the captains Floyd and Ma^. ub. 5 Greenleaf, who came up with them and re- ^' ^^ covered fome of the captives and fpoil, after & fkirmifh in which Hoophood was wound- ed and loft his gun. This fellow was foon after killed by a party of Canada Indians who miftook him for one of the Iroquois, with whom they were at war. On the fourth day of July eight perfons were killed as they Were mowing in a field near Lamprey river, and a lad was carried captive. The next day they attacked Captain Hilton's garrifon at Exeter, which was relieved by Lieutenant Bancroft with the lofs of a few of his men ; one of them, Simon Stone, received nine Mag.Ub.5'. wounds with lliot, and two ftrokes of a hatch- p- '*• et ; when his friends came to bury him they perceived life in him, and by the application of cordials he revived, to the amazement of all. Two companies under the Captains Floyd and Wifwal were now fcouting, and on the fixth day of July difcovered an Indian track, which they purfued till they came up with the enemy at Wheelwright's Pond, [in Lee] where a bloody engagement enfued for fome hours ; in which Wifwal, his lieutenant, Flagg, and ferjeant Walker, with twelve more, were killed, and feveral wounded. It ^ was not known how many of the enemy fell, as they always carried off their dead- £10 HIS'rORY OF 1690. Floyd maintained the fight after Wifwal's death, till his men, fatigued and wounded, drew off; which obliged him to follow. The enemy retreated at the fame time ; for when Captain Convers went to look after the wounded, he found feven alive, whom he brought in by funrife the next morning, and then returned to bury the dead. The enemy then went weflward, and in the courfe of one week killed, between Lamprey river and Almfbury^ not lefs than forty people. The cruelties exercifed upon the captives in this war exceeded, both in number and degree, any in former times. The mod healthy and vigorous of them were fold in Canada, the weaker were facrificed and fcalped ; and for every fcalp they had a pre- mium. Two inllances only are remember- ed of their releafing any without a ranfom ; Mag. 73. one was a woman taken from Fox Point, who obtained her liberty by procuring them fome of the neceifaries of life ; the other was at York ; v/here, after they had taken many of the people, they reftored two aged women and five children, in return for a generous adlion of Major Church, who had f pared the lives of as many women and children when MS Letter, they fell into his hands at Amarifcogin. The people of Nevv^-England now looked on Canada as the fource of their troubles, and formed a defign to reduce it to fubjec- tion to the crown of England. The enter- prize was bold and hazardous ; and had their ability been equal to the ardour of their pat- riotifm, it might probably have been acconi- plifhed. Straining every nerve, they equip- 1 JTEW-HAMPSHIRE. 211 ped an armament in fome degree equal to 169Q. the fervice. What was wanting in military and naval difcipline was made up in refolu- tion ; and the command was given to Sir William Phips, an honeft man, and a friend to his country j but by no means qualified for fuch an enterprize. Unavoidable acci- dents retarded the expedition, fo that the fleet did not arrive before Quebec till Odlo- ber ; when it was more than time to return. It being impofTible to continue there to any purpofe ; and the troops growing lickly and difcouraged, after fome ineiFed:ual parade, they abandoned the enterprize. This difappointment was feverely felt. The equipment of the fleet and army re- quired a fupply of money which could not readily be collected, and occafioned a paper currency ; which has often been drawn into precedent on like occafions, and has proved a fatal fource of the moft complicated and ex- tenfive mifchief. The people were almoft difpirited with the profpedl of poverty and ruin. In this melancholy ftate of the coun- try, it was an happy circumflance that the Indians voluntarily came in with a flag of truce, and defired a celfation of hoftilities. Nov. 29-. A conference being held at Sagadahock, they brought in ten captives, and fettled a truce till the firll day of May, which they obferv- ed till the ninth of June ; when they attack- ^^q-, ed Storer's garrifbn at Wells, but were brave- ly repulfed. About the fame time they kil- led two men at Exeter, and on the twenty ^^ ^^■' ninth of September, a party of them came ms Letts? from the eaftward in canoes to Sandy Beach, °'^°'"* TRye] v/here they l^ille4 and captivate(J Fitch's MS. 2\2 HISTORY Of 1691. twenty one perfons. Captain Sherburne of Portfmouth, a worthy officer, was this year killed at Macquoit, The next winter, the country being alarnir 3 23 ^d with the de{lrvid:ion of York, fome new regulations were made for the general de^ fence. Major Eliiha Hutchinfon w^as ap* pointed commander in chief of the militia ; by whofe prudent conduct the frontiers were well guarded, and fo conftant a communica'- tion was kept up, by ranging parties, from 9ne poft to another, that it became impolli- ble for the enemy to attack in their ufual way by furprife. The good effect of this regulation was prefently feen. A young man being in the woods near Cochecho, was fired at by fome Indians. Lieutenant Wii-» fon immediately went out with eighteen me-n j and finding the Indians, killed or wounded the -vvhole party excepting one. This llruck a terror, and kept them quiet tjhe remainder of the winter and fpring. But pn the tenth day of June, an army of French and Indians made a furious attack on Storer's garrifon at Wells, where Capt. Convers com- maiKled ; who after a brave and refolute de- fence, was fo happy as to drive them off with great lofs. Sir William Phips, being now governor of MafTachufetts, continued the fame method of defence ; keeping out continual fcouts under brave and experienced officers. This kept the Indians fo quiet that, except one poor family which they took at Oyfter river, aad fome fmall mifchief at Ouaboag, there is no mention of any deflru(5lion made by 1693, ^hem during the year 1693. Their animof- KEW-HAMPSHIRE. 21 S ity againfl New-England was not quelled ; 1693, but they needed a fpace to recruit ; fome of their principal men were in captivity, and they could not hope to redeem them with- Aug. n? out a peace. To obtain it, they came into the fort at Pemaquid ; and %here entered in- to a folemn covenant ; wherein they ac- knowledged fubje(5lion to the crown of Eng- land ; engaged to abandon the French in^ terefl ; promifed perpetual peace ; to forbear private revenge ; to reflore all captives ; and even went fo far as to deliver hoftages for the due performance of their engagements. ^»2P'89v This peace, or rather truce, gave both fides a refpite, which both earneftly defired. The people of New-Hampfhire were much reduced ; their lumber trade and hufbandry being greatly impeded by the war. Fre- quent complaints were m^de of the burden of the war, the fcarcity of provifions, and the difpiritednefs of the people. Once it is faid in the council minutes that they were even ready to quit the province. The governor was obliged to imprefs men to guard the out- polls ; they were fometimes difmilFed for want of provifions, and then the garrifon of- ficeits called to account and feverely punifh- ed : Yet all this time the public debt did not exceed four hundred pounds. In this fituation they were obliged to apply to their neighbours for afTiftance ; but this was grant- ed with a fparing hand. The people of MafFachufetts v^ere much divided and at va- riance among themfelves, both on account of the new charter which they had received from King William, and the pretended withcrafts which have mad^ fo loud a noife 214 HISTORY OF 1693. in the world. Party and paflion had uiurp- ed the place of patriotifm ; and the defence, not only of their neighbours, but of them- felves was negledled to gratify their malig- nant humours. Their governor too had been affronted ih this province, on the fol- lowing occafion. Sir William Phips, having had a quarrel with Captain Short of the Nonfuch frigate about the extent of his power as vice admi- ral, arrefted Short at Bofton, and put him on board a merchant fnip bound for Eiigland, commanded by one Tay, with a warrant to deliver him to the fecretary of flate. The fhip put into Pafcataqua, and the Nonfuch came in after her. The lieutenant, Gary, fent a letter to Hinckes, preiident of the council threatening to imprefs feamen if Short was not rcieafed. Gary was arrefted and brought before the council, where he re- ceived a reprimand for his infolence. At the fame time Sir William came hither by land, went on board Tay's ihip, and fent the cabbin-boy with a meifage to the prefjdent to come to hini there ; which Hinckes high- ly refented and refufed. Phips then demand- ed of Tay his former warrant, and iiuied another commanding the re-delivery of Short to him, broke open Short's cheft, and feized his papers. This a(5lion was looked upon by fome as an exertior < f power to which he had no right, and it Wc. s propofed to cite Maidiso. him before the council to ai fwer for affum- ing authority out of his jurifdiclion. The preiident was warm ; but a majority of the the council, confidering Sir William's opin- ion that his vice admiral's commilljou ^Xt NEW-HAMPSHIRE. 215 tended to this province, (though Uflier had 1693, one, bat was not prcfent) and that no perfon MSinfiiei. belonging to the province had been injured, advifed the prefident to take no farther no- tice of the matter. Soon after this Sir Wil- liam drew off the men whom he had fla- tioned in this province as foldiers ; and the council advifed the lievitenant governor to apply to the colony of Connecflicut for men and provilions ; but whether this requeft was granted does not appear. The towns of Dover and Exeter being more expofed than Portfmouth or Hampton fuffered the greateft fliare in the common ca- lamity. Nothing but the hope of better times kept alive their fortitude. When ma- ny of the eaftern fettlements were wholly broken up, they flood their ground, and thus gained to themfelves a reputation which their poflerity boaft of to this day. The engagements made by the Indians in 1694. the treaty of Pemaquid, might have been performed if they had been left to their own choice. But the French mifTionaries had been for fome years very affiduous in propa- gating their tenets among them, one of which was ' that to break faith with hereticks was * no fin.' The Sieur de Villieu, who had diftinguifhed himfelf in the defence of Que- bec when Phips was before it, and had con- tra6led a ftrong antipathy to the New-Eng- landers, being now in command at Penob- fcot, he with M. Thury, the miilionary, di- verted Madokawando and the other fachems from complying with their engagements ; fo -that pretences were found for detaining the Eugliih captives, who were more in num- ^16 HISTORY OP 1694. ber, and of more confequence than the hof^ tages whom the Indians had given. Influ- enced by the fame pernicious councils, they kept a watchful eye on the frontier towns, to / fee what place was mofl fecure and might be attacked to the greateft advantage. The fet-- tlement at Oyfter river, within the town of Dover, was pitched upon as the moil likely place ; and it is faid that the defign of fur- priiing it was publickly talked of at Quebec two months before it was put in execution. Rumours of Indians lurking in the woods thereabout made fome of the people appre- hend danger ; but no mifchief being attempt- Mag:naHa q^^ they imagined them to be hunting par- ' '*'' * ties, and returned to their fecurity. At length, the necelFary preparations being made, ^, , . Villieu, with a body of two hundred and Charlevoix ^ xt ii r\ ^ r i -i r n lib. 15. p. fifty Indians, collected from the tribes of bt. ^^' John, Penobfcot and Norridgwog, attended by a French Prieft, marched for the devoted place. Oyfter river is a ftream which runs into the weftern branch of Fafcataqua ; the fet- tlements were on both fides of it, and the houfes chiefly near the water. Here were twelve garrifoned houfes fufHcient for the defence of the inhabitants, but apprehend- ing no danger, fome families remained at their own unfortified houfes, and thofe who were in the garrifons were but indifferently provided for defence fome being even defli- tute of powder. The enemy approached the place undifcovered, and halted near the falls on Tuefday evening, the feventeenth of Ju- ly. Here they formed into two divifions, one of which was to go on each fide of the NEW-HAMPSHIRE. 211 river And plant themfelves in ambufh, ia 1694. fmall parties, near every houfe, fo as to be rea- dy for the attack at the rifing of the fun ; the firil gun to be the fignal. John Dean, whofe houfe flood by the faw-mill at the falls, in- tending to go from home very early, arofe before the dawn of day, and was fhot as he came out of his door. This firing, in part, difconcerted their plan ; feveral parties who had fome diflance to go, had not then ar- rived at their ftations ; the people in gener- al were immediately alarmed, fome of thera had time to make their efcape, and others to prepare for their defence. The fignal being given, the attack began in all parts where ^ the enemy was ready. Of the twelve garrifoned houfes five were deflroyed, viz. Adams's, Drew's, Edgerly's, Medar's and Beard's. They entered Adams's without refinance, where they killed four- teen perfons ; one of them, being a woman with child, they ripped open. The grave is ftill to be feen in which they were all bu- ried. Drew furrendered his garrifon on the promife of fecurity, bnt was murdered when he fell into their hands ; one of his chil- dren, a boy of nine years old, was made to run through a lane of Indians as a mark for them to throw their hatchets at, till they had difpatched him. Edgerly's was evacu- ated ; the people took to their boat, and one of them was mortally wounded before they got out of reach of the enemy's fhot. Beard's and Medar's were alfo evacuated and the people efcaped. The defencelefs houfes were nearly all fet on fire, the inhabitants being either killed or 218 ' HISTORY OF 1694. taken in them, or elfe in endeavouring to fl]f to the garrifons. Some efcaped by hiding in the bufhes and other fecret places. Thomas Edgerly, by concealing himfelf in his cellar, preferved his houfe, though twice fet on fire. The houfe of John Bufs, the minifler, was deftroyed with a valuable li- brary. He was abfent, his wife and family fled to the woods and efcaped. The wife of John Dean, at whom the firft gun was fired was taken with her daughter, and carried about two miles up the river, where they were left under the care of an old Indian while the others returned to their bloody % work. The Indian complained of a pain in his head, and afked the woman what would be a proper remedy : ilie anfwered, Occapee, w^hich is the Indian word for rum, of which fhe knew he had taken a bottle from her houfe. The remedy being agreeable, he took a large dofe and fell aflecp ; and ihe took that opportunity to make her efcape, with her child, into the woods, and kept con- cealed till they were gone. The other feven garrifons, viz. Burnham's, Bickford's, Smith's, Bunker's, Davis's, Jones and Woodman's were rcfolutely and fuccels- fully defended. At Burnham's the gate was left open : The Indians, ten in number, ' who were appointed to furprize it, were a- fleep under the bank of the river, at the time that the alarm was given. A man with- in, who had been kept awake by the tooth- ach, hearing the firft gun, roufed the people and fecu';ed the gate, juft as the Indians who were awakened by the fame noifc vrcre en- tering. Finding thcmfelves difappointed. NEW-HAMPSHIRE. 219 €hey ran to Pitman's, defencelefs houfe, and 1694. forced the door at the moment that he had burft a way through that end of the houfe which was next to the garrifon, to which he with his family, taking advantage of the ihade of fome trees, it being moonlight, happily efcaped. Still defeated, they attack- ed the houfe of John Davis, which after fome refinance he furrendered on terms ; but the terms were violated, and the whole fam- ily either killed or made captives. Thomas Bickford preferved his houfe in a Angular manner. It was fituated near the river, and furrounded with a palifade. Being alarmed ^ before the enemy had reached the houfe, he fent off his family in a boat, and then Ihut- ting his gate, betook himfelf alone to the de- fence of his fortrefs. Deipifing alike the promifes and threats by which the Indians wovild have perfuaded him to furrender, he kept up a conftant fire at them, changing his drefs as often as he could, fhewing himfelf with a different cap, hat or coat, and fome- times without either, and giving diredlions aloud as if he had a number of men with him. Finding their attempt vain, the enemy withdrew, and left him fole mafler of the houfe which he had defended with fuch ad- mirable addrefs. Smith's, Bunker's, and Davis's garrifons, being feafonably apprized of the danger, were refolutely defended, one Indian was fuppofed to be killed and anoth- er wounded by a Ihot from Davis's. Jones's ^garrifon was belet before day ; Capt. Jones hearing his dogs bark, and imagining wolves might be near, w^ent out to fecure fome fwine and returned un^iolefted. He thei"^ went up 220 HISTORY OF 1694. into the flankart and fat on the wall. Dif- cerning the flafh of a gun, he dropped back- ward ; the ball entered the place from whence he had withdrawn his legs. The enemy from behind a rock kept firing on the houfe for fome time and then quitted it. During thefe tranfadlions the French prieft took pollelfion of the meeting-houfe, and employed himfelf in writing on the pulpit with chalk ; but the houfe received no dani- age. Thoie parties of the enemy who were on the fouth fide of the river having completed their deflru6live work, colle6led in a field adjoining to Burnham's garrifon, where they infultingly lliewed their prif oners, and de* rided the people, thinking themfelves out of reach of their fhot. A young man from the centry-box fired at one who was making fome indecent figns of defiance, and wound- ed him in the heel : Him they placed on a horfe and carried away. Both divifions then met at the falls, where they had parted the evening before, and proceeded together to Capt. Woodman's garriipn. The ground being uneven, they approached without danger, and from behind a hill kept up a long and fevere fire at tlie hats and caps which the people within held up on flticks above the walls, without any other damage than gall- ing the roof of the houfe. At length, ap- prehendhig it was time for the people in the neighbouring fettlements to be colletfled in purfuit of them, they finally withdrew ; having killed and captivated between ninety and an hundred peribns and burned abouV NEW-HAMPSHIRE. 221 twenty houfes, of which five were garrifons*. 1694. The main body of them retreated over Witi- nipifeogee lake, vsrhere they divided their prifoners, feparating thofe in particular vv^ho were moft intimately connedled, in which they often took a pleafure fuited to their favage nature f. About forty of the enemy under Toxus, a Norridgwog chief, refolving on farther mit- chief, went weftward and did execution as far as Groton. A fmaller party having croff* ed the river Pafcataqua, came to a farm where Urfula Cutts, widow of the deceafed prefident, refided, who imagining the enemy had done what mlfchief they intended for that time, could not be perfuaded to remove into town till her haymaking Ihould be finiih- ed. As the v/as in the field with her labourers. HbX*p8«»^ the enemy fired from an ambufh and killed ^® her, with three others. Colonel Richard Waldron and his wife with their infant fon (afterward fecretary) had almofl fhared the fame fate ; they were taking boat to go and dine with this lady, when they were flopped * Charlevoix with his usual parade boasts of their having killed two hun- dred and thirty people, and burned fiftj- or fixty houses. He speaks of only t.wo forts, both of which were stormed. t Amongf these prisoners were Thomas Drew and his wife who weie newly married. He v^as carried to Canada, where he continued two years and was redeemed. Slie to Norridgwos;' and was gone four years, in which she endured every thing but death. She was delivered of a child in the win- ter, in the open air, and in a violent snow storm. Being unable to suckle her child, or provide it any foal, the Indians killed it. She lived fourteen days on a decoction of the bark of trees. Once they set her to draw a sled up a river against a piercing north-west wind, and left her. She was so o- vorcome with the cold that she grew sleepy, laid down and was nearly dead, when they returned ; tliey carried her senseless to a wigwam, and poured warm water down her-throat, which recovered her. After her return to her husband, she had fourteen children ; they lived togetlier till he was ninety three and she eighty nine years of age ; they died within two days of each other antl were buried in one grave. '»* These particular cirannstances of the destruction at Oyster river were at my desire cotleeted from tlic information of age^ people by John Sn^ith , Esq. a lie-^fpiidant of o;ir of the suffering families. 222 HISTORY OF 1694. by the arrival of fome friends at their houfej while at dinner they were informed of her death. She lived about two miles above the town of Portfm:Outh, and had laid out her farm with much elegance. The fcalps tak- en in this whole expedition were carried to Canada by Madokawando, and prefented to Count Frontenac, from whom he received the reward of his treacherous adventure. 1695. • There is no mention of any more mifchief by the Indians within this province till the next year, when, in the month of July, two men were killed at Exeter. The following ^ , year, on the ieventh day of May, John ib\)b. Church, who had been taken and efcaped from them feven years before, was killed and fcalped at Cochecho, near his own houfe. On the twenty-fixth of June an attack was made at Portfmouth plain, about two miles from the town. The enemy came from York-nubble toSandy-beach in canoes, which they hid there among the bufhes near the ihore. Some fufpicion was formed the day before by reafon of the cattle running out of the woods at Little-harbour ; but falfe a- larms were frequent and this was not much regarded. Early in the morning the attack was made on five houfes at once ; fourteen perfons were killed on the fpot, one was fcalped and left for dead, but recovered, and four were taken. The enemy having plun- dered the houfes of what they could carry, fet them on fire, and made a precipitate re- treat through the great fwamp. A company of militia under Captaia Shackford and lieu-r tenant Libbey purfued, and difcovcred them - cooking their breakfaft, at a pkace ever fince NEW-HAMPSHIRE. 223 called Breakfaft-hill. The Indians were on 1696. the farther fide, having placed their captives between themfelves and the top of the hill, that in cafe of an attack they might iirft re- ceive the fire. The lieutenent urged to go round the hill, and come upon them below tocut off their retreat; but the captain fear- ing in that cafe that they wo^ild, according to their cuftom, kill the prifoners, rufhed upon them from the top of the hill, by which means they retook the captives and plunder, but the Indians, rolling down the hill, efcap- ed into the fwamp and got to their canoes. Another party, under another commander, was then fent out in fhallops to intercept them as they fliould crofs over to the eaft- ward by night. The captain ranged his boats in a line, and ordered his men to re- ferve their fire till he gave the watch- word. It being a calm night the Indians were heard as they advanced ; but the captain, unhappi- ly giving the word before they had come within guu-fhot, they tacked about to the fouthward, and going round the Ifles of Shoals, by the favour of their light canoes efcaped. The watch-word was Crambo, which the captain ever after bore as an ap- pendage to his title*. On the twenty fixth ^ day of July, the people of Dover were way- 1-1 V ^ ^ . ^ , , / Magnalfc laid as they weie returning irom the public ub.y.p.se worlhip, when three were killed, three wounded, and three carried to Penobfcot, from whence they foon found their way home. * i he account of tliis transiactioQ I had from the late Judge Parker, who had taken pains to preserve it. It is mentioned, but not circuir.' tantially, bj J)r. Matht^r. Magjslia, lib. 7. page 89. ^^4 HISTORY OF 1697. The next year on the tenth of June, the town of Exeter was remarkably preferved from deftrudlion. A body of the enemy had placed themfelves near the town, intending to make an affault in the morning of the next day. A number of women and chil- dren contrary to the advice of their friends went into the fields, without a guard, to gather ftrawberries. When they were gone feme perfons, to frighten them, fired an a- larm ; which quickly fpread through the town, and brought the people together in arms. The Indians fuppofing that they were difcovered, and quickened by fear, af- ter killing one, wounding another, and tak- ing a child, made a hafty retreat and were feen no more there. But on the fourth day Mag. lib. 7. of July they waylaid and killed the worthy wFjour- Major Froil at Kittery, to whom they had ^3'- owed revenge ever fince the feizure of the four hundred at Cochecho, in which he was concerned. The fame year an invafion of the country was projected by the French. A fleet was to fail from France to Newfoundland and thence to Penobfcot, where being joined by an ar- my from Canada, an attempt was to be made on Boflon, and the feacoall ravaged from theffce to Paicataqua. The plan was too ex- tenfive and complicated to be executed in one fummer. The fleet came no further than Newfoundland ; when the advanced feafon, and fcantinefs of provifions obliged them to give over the defign. The people of New-England were apprized of the dan- ger, and made the beft preparations in their power. They ftrengthened their fortifico- NEW-HAMPSHIRE. f25 tions on the coaft, and raifed a body of men 1697, to defend the frontiers againft the Indians who were expe6lcd to co-operate with the French. Some inifchief was done by lurk- ing parties at the eaftward ; but New-Hamp- fliire was unmolefted by them during the remainder of this, and the whole of the fol- lowing year. After the peace of Ryfwick, Count Fron- 1698. tenac informed the Indians that he could not any longer fupport them in a war with the Engliih, with whom his nation was now at peace. He therefore advifed them to bu- ry the hatchet rpA refliore their captives. Having fuftered much by famine, and being divided in their opinions about profecuting the war, after a long time they were brought _ to a treaty at Cafco ; where they ratified their former engagements ; acknowledged January 7. fubjeclion to the crown of England ; la- mented their former perfidy, and promifed Mag^.ub.?, future peace and good behaviour in fuch ^^"^ terms as the commiflioners dictated, and with as much fincerity as could be expedled. At the f ime time they reftored thofe captive* who were able to travel from the places of their detention to Cafco in that unfavourable feafon of the year ; giving afTurance for the return of the others in the fpring ; but many of the younger fort, both males and females, w^ere detained ; who, mingling with the In- voi.a.pa^*, dians, contributed to a fucceflion of enemies "^• In future wars againft their own country. A general viev/ of an Indian war will give a juft idea of thefe diftrefling times, and be a proper clofe to this narration. The Indians were feldgm ^r never f$e!>^ E 5S 226 HISTORY OF betore they did execution. They appeared not in the open field, nor gave proofs of a truly mafculine courage ; but did their ex-s ploits by furprize, chiefly in the morning, keeping themfelves hid behind logs andbufh- es, near the paths in the woods, or the fences contiguous to the doors of houfes ; and their lurking holes could be known only by the report of their guns, which was indeed but feeble, as they were fparing of ammunition, and as near as poilible to their objecft before they fired. They rarely afiaulted an houfe unlefs they knew there would be but little refinance, and it has been afterward known that they have lain in ambulli for days toge- ther, watching the motions of the people at their work, without daring to difcover them- felves. One of their chiefs who had got a woman's riding-hood among his plunder would put it on, in an evening, and walk in- to the ftreets of Portfmouth, looking into the windows of houfes and liflening to the con- verfation of the people. Their cruelty was chiefly exercifed upon children, and fuch aged, infirm, or corpulent perfons as could not bear the hardiliips of a journey through the vvildernefs. If they took a woman far advanced in pregnancy their knives were plunged into her bowels. An infant when it became troublefome had its brains daflied out againfl: the next tree or Hone. Sometimes to torment the wretched mother, they w^ould whip and beat the child till almofl: dead, or hold it under water till its breath was jufl: gone, and then throw it to her to comfort and quiet it. If the moth- er could not readily Hill its weeping, the i^EW-HAMPSHlRE. 22*7 hatchet was buried in its fkull. A captive wearied with his burden laid on his ihoul- ders was often fent to reft the fame way. If any one proved refradlory, or was known to have been inftrumental of the death of an Indian, or related to one who had been fo, he was tortvired with a lingering punifh- ment, generally at the ftake, while the other captives were infulted with the fight of his miferies. Sometimes a fire would be kind- led and a threatening given out againft one or more, though there was no intention of facrificing them, only to make f port of their terrors. The young Indians often fignalized t;heir cruelty in treating captives inhuman- ly out of fight of the elder, and when inqui- ry was made into the matter, the infulted captive muft either be filent or put the beft face on it, to prevent worfe treatment for the future. If a captive appeared fad and dejedled he was fure to meet with infult ; but if he could fing and dance and laugh with his mafters, he was carelFed as a broth- er. They had a ftrong averfion to Negroes, and generally killed them when they fell intQ their hands. Famine was a common attendant on thefe doleful captivities ; the Indians when they caught any game devoured it all at one fit- ting, and then girding themfelves round the waift, travelled without fuftenance till chance threw more in their way. The captives, un- ufed to fuch canine repafts and abftinences, could not fupport the furfeit of the one nor the craving of the other. A change of maf- ters, though it fometimes proved a relief from mifery, yet rendered the profpe^: of % 228 HISTORY Of return to their home more diftant. If an Indian had loft a relative, a prifoner bought for a gun, a hatchet, or a few fkins, muft fupply the place of the d:;ceafed, and be the father, brother, or fon of the purchaler ; and thofe who could accommodate themfelves to fuch barbarous adoption, were treated with the fame kindnefs as the perfons in whofe place they were fubftituted. A fale among the French of Canada w^as the moft happy- event to a captive, efpecially if he became a fervant in a family ; though fometimes even there a prifon was their lot, till opportunity prefented for their redemption ; while the priefts employed every feducing art to per- vert them to the popilh religion, and induce them to abandon their country. Thefe cir- cumftaiices, joined with the more obvioui hardihips of travelling half naked and bare- foot through pathlefs dtferts, over craggy mountains and deep fwamps, through froft, rain and fnow, expofed by day and night to the inclemency of the weather, and in fum- mer to the venomous flings of thofe nmur. berlefs infe(5ls with which the woods abound ; the reillefs anxiety of mind, the retrofpect of paft fcenes of pleafure, the remembrance pf diftant friends, the bereavements eriperi- enced at the beginning or during the pro- giefs of the captivity, .rnd the daily appre- henfion of death either by frimine or the favage enemy ; thefe were the horrGrs of au Indiaji captivity. On the other hand, it m;ift be acknovv- ledged that there have been inftances of jul^ tice, generolity and tciidernefs during thcic "vvars, which Tiyo'Tld have done honor to a civr- NfiW-HAMPSHIR£i. ^^ ilized people. A kindnefs fhewn to an In- dian was remembered as long as an injury ; and perfons have had their lives fpared for a<3:s of humanity done to the anceftors of thofe Indians into w^hofe hands they have fallen*. They would fometimes " carry " children on their arms and fhoulders, feed " their prifoners with the beft of their pro-* " vifion, and pinch themfelves rather than " their captives fhould want food.'* When iick or wounded they would aftbrd them proper means for their recovery, which they were very well able to do by their know? ledge of iimples. In thus preferving the lives and health of their prifoners, they doubtlefs had a view of gain. But the iTioft remarkably favourable circumftance in an Indian captivity, was their decent behaviour to women. I have never read, nor heard, nor could find by enquiry, that any woman who fell into their hands was ever treat- ed with the leaft immodellv ; but teftiino- nies the contrary are very frequentf . Wheth- * Several instances to this purpose havp been occasionally mentioned ii\ the course of this narrative. The following additional one is taken from Capt. Jlair.inond's MS Journal. " April 13, 1677. The Indians Simon, An. " drew and Peter burnt the house of Ed a aid Weymouth at Sturgeon creek. " Tlicy plundered the house of one Crawley but did not kill him, because of " some kii'.dnesses done to Pimon's grandmother." t Mary Rowlandson who was captured at Lancaster, in 1675, lias this passage in her narrative, (p. 55.) " I have been in the midst of these roar- ing lions and savage bears, that feared neither God nor man nor the devil, bydayand night, alone and incorspany ; sieepingall sorts togetiifir, and yet not ir.Q of them ever offered me the least abuse of unchastity in word or action." Elizabell) Hanson who was taken from Dover in 1724, testifies in her nar- .;nive, (p. 28.) that " the Indians are very civil toward their captive wo- v.cii, nut O.Turing any incivility by any indecent carriage." William Fleming, who was taken in Pennsylvania, in 1755, says the In- ji.iiii toid him "he need not be afraid of their abusing liis wife, for they would -.'A do it, for fear of offending their God (pointing their hands toward heav- cii) ici- the man that aflronts his God will surely be killed when he goes to war." He farther says, that one of them gave his \\ile a shift and petticoat -A hicli l\e had among his plunder, and though he was alone with her, yet " he turaed hit lack, i.rl went tc sojite distance wl-.ile she piit them on." (p. 10 ) 230 HISTORY OF er this negative virtue is to be afcribed to a natural frigidity of conftitution, let philofo- phers enquire : The facft it certain ; and it was a moft happy circumftance for our fe- male captives, that in the midfl of all theii* diftrefles, they had no reafon to" fear from a favage foe, the perpetration of a crime, which has too frequently difgraced not only the perfonal but the national chara<5ter of thofe who make large pretences to civilization and humanity. Charlevoix in bis account of the Indians of Canada, says (letter 7.) "Thcj« S no example that any have e\-er taken the least liberty with the PfCRcft ■women, even when they were their prisoners." NEW-HAMPSHIRE. 231 CHAP. XI. The r'wil affuirs of the province during the administrations of Usher^ Pariridge, Alkn^ the Earl of BeUamont and Dadltij^ comfirehcndinif the rohole controversy roith Allen and Ids heirs. John Uftier, Efquire, was a native of Bofton, and by profeffion a ftationer. He was poflefled of an handfome fortune, and fuflained a fair chara6ler in trade. He had been employed by the Maflachufetts govern- ment, when in England, to negociate the purchafe of the province of Maine, from the heirs of Sir Ferdinando Gorges, and had thereby got a tafle for fpeculating in landed intereft. He was one of the partners in the million purchafe, and had fanguine expedla- tions of gain from that quarter. He had rendered himielf unpopular among his coun- trymen, by accepting the office of treafurer, under Sir Edmund AndrofTe, and joining with apparent zeal in the meafures of that . adminiftration, and he continued a friend- ropers ly connexion with that party, after they were difplaced. Though not illnatured, but rather of an open and generous difpofition, yet he want- .ed thofe accomplilhments which he might kii've acquired by a learned and polite educa- tion. He was but little of the ftatefman, and lefs of the courtier. Initead of an engaging affability he affected :i feverity in his de- portment, was loud in converfation, and flern, in command. Fond of prefiding in govern- menr, he frequently journied into the pro- 2312? HISTORY Ol- dies vince, (though his reiidence ^>^as at Bofton, where he carried on his buiinefs as ulual,) and often fummoned the coiiacil when he had little or nothing to lay before them. He gave orders., and found fault like one who felt himfelf independent, and was determin- ed to be obeyed. He had an high idea of his authority and the dignity of his commif- fion, and when oppofed and infulted, as he fometimes was, he treated the offenders v/ith a feverity which he would not relax till he had brought them to fubmiilion. His pub- Wovince lie fpeeches were always incorrect, and fome- times coarfe and reproachful. He feems, however, to have taken as nmch care for the intereil and prefervation of the province as one in his circumftances could have done. He began his adminiflra- tion in the height of a war which greatly dillrefled and impoveriflied the country, yet his views from the beginning were lucra- tive'''. The people perceived thefe views, and were aware of the da.nger. The transfer of the title from Mafon to Allen was only a change of names : They expe6led a repetition of the fame difficulties under a new claim- ant. After the oppoiition they had hitherto made, it could not be thought ftrange that men whofe pulfe beat high for freedom, fhould refufe to fubmit to vallalage ; nor, while they were on one lide defending their * In a letter to Geora;e Dorrinj^ton and John Taylor in London, he writes thus; '-Jan. 29, 1692 — 3. In case yourselves are concerned in the " province of New-Hampshire, with prudent manag^ement it niity be worth " money, the people only l-ayin;^ 4tl and 2d per acre. The rea?o:i wItj" the " commonalty of the people do not agree is because 3 or 4 of the great landed " men dissuade them from it. I'hc people have petitioned the king to be " annexed to Boston c^ovcrnment, but it will not be for the proprietor'? in- " terest to admit of that Bnlesjs the king sendr, a ^/T.era] gov<;rp.(jit -''' flver an." NEW-HAMPSHIRE. 233 pofTefTions againffc a favage enemy, could it be exped:ed, that on the other, they fhould tamely fufFer the intrufion of a landlord. Uilier's intereft was united with theirs in providing for the defence of the country, and contending with the enemy ; but when the propriety of the foil was in queflion, they flood on oppofite fides ; and as both thefe controverfies were carried on at the fame time, the condu6l of the people toward him varied according to the exigency of the cafe ; they fometimes voted him thanks for his fer- 'vices, and at other times complained of his abufing and opprefTn-g them. Some of them would have been content to have held their eilates under Allen's title*, but the greater part, including the principal men, were relblved to oppofe it to the laft extremity. They had an averfion not only to the proprieta.ry claim on their lands, bat their feparation from the Maffachufetts government, under which they had former- ly enjoyed fo much freedom and peace. They had petitioned to be re-annexed to them, at the time of the revolution ; and they were always very fond of applying to them for help in their difficulties, that it might appear how unable they were to fub- fift alone. They knew alfo that the Maffa- chufetts people were as averfe as themfelves to Allen's claim, which extended to a great part of their lands, and was particular- ly noticed in their new charter. Soon after Ufher's arrival, he made en- quiry for the^papers which contained the • " I have 40 hands in Exeter who desire to take patents for lands hof^ '' ^o'j, and ina>iY in oth^r towns." Usher to Allen, October 1693/ 2S4 HISTORY OF traniadlions relative to Mafoii's fuits. Du- ring the fufpenfioii of government in 1689, Captain John Pickering, a man of a rough and adventurous fpirit, and a lav\7yer, had gone with a company of armed men to the houfe of Chamberlayne, the late fecretary and clerk, and demanded the records and files which were in his pofTeflion. Cham- berlayne refufed to deliver them without fome legal warrant or fecurity ; but Pickering ♦ took them by force, and conveyed them over the river to Kittery^ Pickering was fum- moned before the governor, threatened and imprifoned, but for fome time would neith- er deliver the books, nor difcover the place of their concealment, unlefs by order of the aflembly and to fome perfon by them ap- pointed to receive them. At length however he was conflrained to deliver them, and they were put into the hands of the fecretary, by the lieutenant-governor's order. 1693. Another favourite point with Ufl"ier was to have the boundary between Newr-Hamp- fhire and Maffachufetts afcertained : There were reafons which induced fome of the peo- ple to fall in with this defire. The general idea was, that New-Hamplhire began at the end of three miles north of the river Merri- mack ; which imaginary line was alfo the boundary of the adjoining townfliips on each fide. The people who lived, and owned lands near thefe limits, pretended to belong to either province, as beft fuited their con- veniency ; which caufed a difficulty in the coUedling taxes, and cutting timber. The 1695. town of Hampton v^^as fenlibly affc^fled with Octobei 12. ^i^Q^Q difficulties, and petitioned tlie council NEW-HAMPSHiR¥. ^2S that the line might be run. The xouncil 1695. appointed a committee of Hampton men to do it, and gave notice to the MafTachufetts of their intention ; defiring them to join in Prov. files. the affair. They difliked it and declined to ad:. Upon which the lieutenant-governor and council of New-Hampfhire caufed the boundary line to be run from the fea-lhore Brief of the three miles northward of Merrimack, and case of n. , • ^ r ^ Hamp. and parallel to the river, as far as any fettlements Massachu. had been made, or lands occupied. s*mnge & The only attempt made to extend the fet- HoULngs, tlement of the lands during thefe times, was that in the fpring of the year 1694, while there was a truce with the Indians. Ufher granted a charter for the townfhip of Kingf- ton to about twenty petitioners from Hamp- ton. They were foon difcouraged by the dangers and difficulties of the fucceeding hoftilities, and many of them returned home within two years. After the war they re- fumed their enterprize ; but it was not till the year 1725, that they were able to obtain the fettlement of a minifler. No alter- ations took place in the old towns, except , ^^^ the feparation of Great-Ifland, Little-Har- bour, and Sandy-Beach, from Portfmouth, and their eredlion into a town by the name of New-Caftle ; together with the annexa- tion of that part of Squamfcot patent which Prov. f^ now bears the name of Stretham, to Exeter, it having before been connedled with Hamp- ton. The lieutenant-governor was very forward in thefe tranfpxtions, thinking them circum- fiances favourable to his views, and being willing to recommend himfelf to the people ^3^ HISTORY OF 1 693. by feconding their wifhes fo far as was con« fiflent with the interefl he meaned to' fervc The people, however, regarded the fettHng and dividing of townlhips, and the running of lines, only as matters of general conveni- ence, and continued to be difgufted with his adminiflration. His repeated calls upon them for money were anfwered by repeated pleas pf poverty, and requefts for afliftance from the neighbouring province. Uflier ufed all his influence with that government to obtain a fupply of men to garrifon the frontiers ; and when they wanted provif- ions for the garrifons, and could not readily raife the money, he would advance it out of his own purfe and wait till the treasury could reimburfe it. For the two or three firft years of his ad- min iftration the public charges were provid- ed for as they had been before, by an excife on wines and other fpirituous liquors, an4 an impoil on merchandize. Thefe duties being laid only from year to year, Uilier vehe- 1695. silently urged upon the aiFembly a renewal Nov. 7 & 9. of the adl, and an extenfion of the duty to articles of export ; and that a part of the money fo raifed might be applied to the fup- port of government. The anfwer he obtain-^ ed was, that ' confidering the expofed ftate 'of the province, they were obliged to apply * all the money they could raife to their de- ' fence ; and therefore they v/ere not capable '• of doing any thing for the fupport of gov- * ernment, though they were feniible his * honour had been at confiderabie expence ; * They begged that he would join with the ' council in reprefenting to the^ kin the pov^ NEW-HAMPSHIRE. 237 < erty and danger of the province, that fuch 1'695»' * methods might be taken for their fupport * and prefervation as to the royal wifdom * fhould feem meet.' Being further prefTed upon the fubjedl, they palTed a vote to lay the propofed duties for one year, ' provided ' he and the council v^ould join w^ith them * in petitioning the king to annex them to ' the Mafllichufetts.' He had the mortification of beinp: difap- pointed in his expectations of gain, not only from the people, but from his employer. Allen had promifed him two hundred and fifty pounds per annum for executing his commiilion ; and when at the end of the third year, Ufher drew on him for the pay- ment of this fum, his bill came back pro- tefted*. This was the more mortifying, as he had afliduoufly and faithfully attended to Allen's intereft, and acquainted him from time to time with the means he had ufed, the difficulties he had encountered, the pleas he had urged, the time he had fpent, and the expence he had incurred in defence and fupport of his claim. He now defired him teft^Ai!^ to come over and afTume the government '""".' q'^ himfelf, or get a fucceffor to him appointed i695 m the office of lieutenant-governor. He did not know that the people were before hand of him in this latter requefl. On a pretence of difloyalty he had remov- ed Hinckes, Waldron, and Vaughan from their feats in the council. The former of thefe was a man who could change with the r ^* It is probable tliat Allen was not able to comply with this demand, ihe purcliase of the province from the Masons had been made " with othei >' men's njoney.'' Letter of V?hr\- to Sir IMatthPw Di-dJey, Sfpt, 1718. 238 HISTORY OF 1695. times ; the two latter were fleady oppofers of the proprietary claim. Their fufpenlion irritated the people^ who, by their influence, privately agreed to recommend William Par- tridge, Efq.^s a proper perfon for their lieu- tenant-governor in Ulher's (lead. Partridge was a native of Portfmouth, a fhipwright, of an extraordinary mechanical genius, of a politic turn of mind, and a popular man. He was treafurer of the province, and had been ill ufed by Ufher. Being largely con- cerned in trade he was well known in Eng- land, having fupplied the navy with malls and timber. His fudden departure for Eng- land was very furprizing to Ulher, who could not imagine he had any other bnfinefs than to fettle his accounts. But the furprife 1 fiQ7 ^^'^^ greatly increafed when he returned with 3amiary.* ^ commiffion appointing him lieutenant- governor and commander in chief in Allen's ktlSrin^ abfence. It was obtained of the lords juf- fiie? tices in the king's abfence, by the intereft of Sir Elenry Afhurft, and v/as dated June 6, 1696. Immediately on his arrival, his appoint- ment was publickly notified to the people ; though, either from the delay of making out his inllru^lions, or for want of the form of an oath necelTary to be taken, the commifTion was not publifhed in the ufual manner : But the party in oppofition to Uflier triumphed. The fufpended counlellors refumed their feats, Pickering was made king's attorney, and Hinckes as prefident of the council, o- >ine 8. pened the afTembiy with a fpeech. This ai- Ms Laws, fembly ordered fhe records which had been NEW-HAMPSHIRE. 239 taken from Pickering to be depofited in the 1697, hands of Major Vaughan, who was appoint- ed recorder : In confequence of which they have been kept in that office ever fince. Ufjier being at Boflon when this altera- tion took place, wrote to them, declaring that no commiflion could fuperfede his till duly publifhed ; and intimated his intention of coming hither " if he could be fafe with " his life." He alfo difpatched his fecretary, Charles Story, to England, with an account of 5^1, 20 this tranfa(5lion, which in one of his private letters he (lyles " the Pafcataqua rebellion ;'* adding, that " the militia were raifed, and " forty horfe fent to feize him ;" and inti- mating that the confulion was fo great, that " if but three French fhips were to appear, ** he believed they would furrender on the Letteii^ " firll fummons." The extreme imprudence of fending fuch a letter acrofs the Atlantic in time of war, was ftill heightened by an appreheniion which then prevailed, that the Freiich were preparing an armament to in- ^^ q^^ vade the country, and that " they particu- stough- " larly deiigned for Pafcataqua river.'* of Feb. 2^ In anfwer to his complaint, the lords of '" ^' " trade diredled him to continue in the place Aug. s. of lieutenant-governor till Partridge fhould qualify himfelf, or till Richard. Earl of Bel- lomont, iliould arrive ; v/ho was commiffion- ed to the government of New-York, MafTa- chufetts Bay and New-Hampiliire ; but had not yet departed from England. Uflier re- reived the letter from the lords together with the articles of peace wliich had been con- cluded at Ryfwick, and immediately fet off for New-Hamplhlrc, (where he had not Dec. 10 240 HISTORY OF Dec. la. Dec 14. Coundl files. 1698. January 3 1697. been for a year) proclaimed the peace, and publillied the orders he had received, and having proceeded thus far, " thought all " well and quiet." But his oppofers having held a confultation at night, Partridge's corn- million v^as the next day publifhed in form ; he took the oaths, and entered on the ad- usher's pa. jn^riiftration of government, to the complete vexation and difappointment of Uflier, w^ho had been fo elated with the confirmation of his commilTion, that as he pafFed through Hampton, he had forbidden the minifter ot that place to obferve a thankfgiving day, which had been appointed by Prelideiit Hinckes. An afTembly being called, one of their firfl adls was to write to the lords of trade, ' acknowledging the favour of the king in * appointing one of their ov/n inhabitants * to the command of the province, complain- * ing of Ufher, and alledging that there had * been no diilurbances but what he himfelf ' had made ; declaring that thofe counfellors 'whom he had fufpended were loyal fub- ' jecls, and capable of ferving the king ; and * informing their lordfhips that Partridge had ' iK)w qualified himfelf, and that they were ' waiting the arrival of the Earl of Bello- * mont.' They alfo deputed Ichabod Plaifted to wait on the Earl at New-York, and compli- ment him on his arrival. ' If he fliould find *- his lordihip high, and referved, and not eafy * of accefs, he was inflruded to employ fome ' gentleman who was in his confidence to ' manage the bufinefs ; but if eafy and free, ' he was to wait on him in perfon ; to tell NEW-HAMPSHIRE. 241 * him how joyfully they received the news 1698. * of his appointment, and that they daily ex- * peeled Governor Allen, whofe commiflion piaisted*, * would be accounted good till his lordfhip's instruction* ' fhould be puhliilied, and to alk his advice * how they fliould behave in fuch a cafe.* The principal defign of tliis melTage v,^as to make their court to the earl, and get the ftart of Ulher or any of his friends who might prepoifefs him with an opinion to their difadvantage. But if thi? fhould have happened, Plaiiled was directed * to obferve ' what reception they met with. If his lord- ' fhip was ready to come this way, he w:- :o ' beg leave to attend him as far as Bofcon, ' and then afk his pe rmiiiion to return home ;' and he was furnilhed with a letter of credit to defray his expences. This mefTage, which fhews the contrivers to be no mean politi- , cians, had the defired effedt. The earl continued at New- York for .the firft year after his arrival in America ; dur- ^ 23 ing which time Governor Allen came over, as it was expelled, and his commiffion being flill in force, he took the oaths and afliimed the command. Upon which Ulher again ^^p*' *' ■ made his appearance in council, where he Nov. 29 produced the letter from the lords of trade, claimed his place as lieutenant-governor, and declared that the fufpended counfellors had no right to fit till reflored by the king's or- der. This brought on an altercation, where- in Elliot aliirmed that Partridge was duly qualified and in office, that Waldron and Vau^^han had been fufpended without caufe, ind that if tKey were hot allowed to fit, the reO wo^e determined to refign. The gover-.- ^2 History oi' 1698. nor declared Uflier to be of the council ; up* on which Elliot withdrew. , xjQQ At the fucceeding afTembly two new coun- Knuary 5. f^llors appeared ; Jofeph Smith, and Kingfly Hall. The firft day pafled quietly. The governor approved Pickering as fpeaker of the houfe ; told them he had aflumed the government becaufe the Earl of Bellomont had not arrived ; recommended a continu- ance of the excife and powder money, and advifed them to fend a congratulatory mef- January 6. fage to the Earl at New-York. The next day the houfe anfwered, that they had con- tinued the cuftoms and excife till Novem- ber, that they had already congratulated the earl, and received a kind anfwer, and were waiting his arrival ; liDhen they ihould enter further on bufinefs. They complained that Allen's condudl had been grievous in forbid- ding the collecSling of the laft tax, w^hereby the public debts were not paid ; in difplac- ing fundry fit perfons, and appointing oth- ers lefs fit, and admitting Uflier to be of the council, though fuperfeded by Partridge's commilfion. Thefe things they told him had obliged fome members of the council and afTembly to apply to his lordfliip for re- lief, and " unlefs he fhould manage with a " more moderate hand" they threatened him with a fecond application. The fame day Coffin and Weare moved a queftion in council, whether Uflier was one of that body. He afTerted his privilege, and obtained a major vote. They then entered their diffent, and defired a uifmifiion. The governor forbad their depr.rture. Weare anfwered that he would not, by fittinsc there. NEW-HAMPSHIR£, 24S put concempt on the king's commiffion, 1699( meaning Partridge's, and withdrew. The next day the alFembly ordered the money ariling from the impoft and excife to be kept in the treafary, till the Earl of Bellomont's arrival ; and the governor dilTolved them. Thefe violences on his part were fuppofed to originate from Uilier's refentment, and his overbearing influence upon Allen, who is faid to have been rather of a pacific and con- defcending difpolidon. The fame ill temper continued during the remainder of this fhort adminiftration. The old counfellors, ex- cepting Fryar, refufed to fit. Sampfon SheaiFe and Peter Weare made up the quo- rum. SheafFe was alfo fecretary. Smith treafurer, and William Ardell fherifF. The conftables refufed to colled, the taxes of the preceeding year, and the governor was o- bliged to revoke his orders, and commiflion Msinfii«. the former conftables to do the duty which he had forbidden. In the fpring the earl of Bellomont fet out for his eaftern governments. The council voted an addrefs, and fent a committee, of which Ufher was one, to prefent it to him at Bofton ; and preparations were made for his reception in New-PIampihire ; where he at length came and publifhed his commifiion ^"'^ **' to the great joy of the people, who now faw~ at the head of the government a nobleman of diftinguifhed figure and polite manners, a firm friend to the revolution, a favourite of King William, and one who had no intereft in opprefiing theai. During the controverfy with Allen, Parr ipridge had withdrawn ; but upon this change 244 HISTORY OF 1699. he took his feat as Hemenant-governor, and the difplaced couiifellors were again called to the board. A petition was prefented a- gainft the judges of the fuperior court, and a proclamation was iiTued for juflices of the peace and conftables only to continvie in of- fice, whereby the j udges commiffions deter- mined. Richard Jofe was made flieriflp in the room of Ardell, and Charles Story fecre- tary in the room of SheafFe. The government was now modelled in favour of the people, and they rejoiced in the change, as they apprehended the way was opened for an effectual fettlement of their long continued difficulties and difputes. Both parties laid their complaints before the governor, who vdieiy avoided cenfuring either, and advifed to a revival of the courts of juftice, in which the main controverfy ' might be legally decided. This was agreed to, and the necelTary adls being paiTed by an aflembly, (who alio prefented the earl v^'ith five hundred pounds which he obtained the- king's leave to accept) after about eighteen days flay he quitted the province, leaving Partridge, notv cpiietly feated in the chair, to appoint the judges of the rcfi^ecflive courts. Hinckes was made chief juilice oi iierordl t^^ fuperior court, with Peter Coffin, John Gerriih and John Plaifted for affiilants 3 Waldron chief Juftice of the inferior court, with Henry Dow, Theodore Atkinfon and John Woodman for affiftants. One principal object of the earl's attention was to fortify the hn.rbour, and provide for the defence of the country in cafe of anoth- er war, He had recommended to the aifem- NEW-HAMPSHIRE. 245 biy ill his fpe'ech. the building a ftrong fort 1699. on Great Illand, and afterward, in his letters, afTured tliem that if they would provide ma- ^ ^^^q terials, he would endeavour to prevail on j^^^ g ' the king to be at the expence of eredling it. Col. Romer, a Dutch Engineer, having view* ed the fpot, produced to the affembly an efti^ mate of the coft and tranfportation of ma~ terials, amounting to above fix thoufand pounds. They were amazed at the propo- fal ; and returned for anfwer to the governor, that in their greateft difficulties, when their lives and eltates were in the mofl imminent hazard, they were never able to raife one thoufand pounds in a year* ; that they had been exceedingly impoveriflied by a long war, and were now ftruggling under an heavy debt, befides being engaged in a con- troverfy with " a pretended proprietor ;'* that they had expended more " blood and " money" to fecure his majefty's interefl and dominion in New-England than the intrinfic value of their eilates, and that the fortifying the harbour did as much concern the Maf- fachufetts as themfelves ; but they conclud- ed with afluring his lordlhip, that if he were " thoroughly acquainted with their mifera- * I have here placed in one viewsuc'i assessments aa I have been able t» find during the preceding war, with the proportion of each town, wliich va- ried according to their respective circumstances at different times. (MS Laws.) , I 1692. Portsmouth,! 70 Hampton, 1 Dove?, ,'66 13 4 Exeter, \^^ New Casr!c.'.33 6 « i 1693. 1694.; 1693. Uncert. | 1697. j 210 167 1 129 6 1 140 1 6 200 230 172 14 6 ' 187 2 41-2 110 90 117 16 6 127 9 71-2 80 127 106 16 115 14 1 86 73 7 7912 6 f,. I 200 I 600 I 700 I 400 | 600 | 650 246 HISTORY OS 1700. " ble, poor and mean circumftances, they " would readily fubmit to whatever he " fliould think them capable of doing.'' MS in files. They were alfo required to furnifti their quota of men to join with the other colonies in defending the frontiers of New-York in cafe of an attack*. This they thought ex- tremely hard, not only becaufe they had never received the leail alliflance from New- York in the late wars, but becaufe an opin- ion prevailed among them that their ene-r mies had received fupplies from the Dutch at Albany, and that the plunder taken from their defolated towns had been fold in that Smith's place. There was however no opportunity York", page ^ov affording this alllftance, as the New- 108, 175, Yorkers took care to maintain a good un- derflanding with the French and Indians for the benefit of trade. But to return to Allen : He had as little profpedl of fuccefs in the newly eflablifhed courts, as the people had when Ma Ion's fuits Printed were carried on under Cranfield's govern- IT^ °^^ ment. On examinin"; the records of the fu- «e, page9. pcnor court it was found that twenty-four leaves were mifling, in which it was fuppofed the judgments recovered by Mafon were re- corded. No evidence appeared of his having obtained polfelliou. The work was to be- gin anew ; and Waldron, being one of the principal landholders and moft flrenuous op- pofers of the claim, was fingled out to fland foremoil in the controverfy with Allen, as * The quotas of men to be furnis])ed by each government for tlie deffnct ■ ftrcife a regular command, it being a time of war ; the council were prevailed upon to al- low him two rooms in any houfe he could procure " till the next meeting of the affem- bly," and to order thirty-eight JhUl'tngs to be given him for the expence of his "journey to and from Bofton." When Dudley acquainted the affembly ifeb. 10. with the royal determination in Allen's fuits, they appeared tolerably fatisfied with theequi- table intention difcovered therein ; but beg- ged him to reprefent to her majcffy that ' the province was at leafl fixty miles long ' and twenty v/ide, containing twelve hun- *dred fq\iare miles, that the inhabitants ' claimeii only the property of the lands con- ' tained within the bounds of their townfliips, 'which was lefs than one third of the prov- * inoe, aiid had been poifeffed by them and ' their anceftors more than fixty years ; that 'tliey had nothing to oifer as a grievance if * the other two thirds were adjudged to Al- * len ; but fliould be glad to fee the fame * planted and i'ettled for the better fecurity * ?nd defence of rlir x^rhole : withal deiiring NEW-HAMPSHIRE. 253 ' it might be conlidered how much time, bloed 1704. ' and treafure had been fpent in fettling and * defending this part of her majefty's domia- * ion, and that the coft and labour beftowed "^ ' thereon far exceeded the true value of the ' land fo that they hoped it was not her maj- * efly's intention to deprive them of all th6 * herbage, timber and fuel, without which. * they could not fublill, and that the lands * comprehended within the bounds of their * townfhips was little enough to afford thefe Records of ' necelFary articles ; it not beine: ufual in thefe t^^^ «>""«* ' plantations to tence in more or their lands biy. * than would ferve for tillage, leaving the reift ' unfenced for the feeding their cattle in ' common.' Notwithftanding this plea, whieH was often alledged, Allen, by virtue of the queen's per- miflion, had entered upon and taken poflefTion Dec. 22, by turf and twig of the common land in each ^''°^' townfhip, as well as of that which was with- usher'e out their bounds, and brought his writ of F«pe" ejectment de novo againft Waldron and when the trial was coming on informed Governor Dudley thereof, that he might come into court and demand a fpecial verdi(5l agreeably to the queen's inftrudlions. Dudley from Boflan informed the court of the day when he intended to be at Portfmouth and diredl- ed the judges to adjourn the court to that day. Before it came he heard of a body of Indians 1704. above Lancafter, which had put the country Aug. 10. in alarm, and ordered the court to be again adjourned. At length he began his journey ; but was taken ill at Newbury, with aijea- ^^^^^ Jonable fit of the gravel, and proceeded no far- state of ai. thei:. The jury in the mean time refufed to p,V. '^^^ 254 HISTORY OF 1704. bring in a fpecial verdidl ; but found for the defendant with cofls, Allen again appealed from the judgment. Perplexed, however, with thefe repeated difappointments, and at the fame time being low in purfe, as well as weakened with age, he fought an accommodation with the peo- ple, with whom he was defirous to fpend the remainder of his days in pjeace. It has been faid that he made very advantageous offers to Vaughan and Waldron if they would pur- chafe his title ; but that they utterly refufed it. The people were fenlible tliat a door was ilill open for litigation ; and that after Al- len's death they might, perhaps, meet with as much or more difficulty from his heirs, among Vndiom Ufher would probably have a great influence : They well knew his inde- - fatigable induftry in the purfuit of gain, that he was able to harrafs them in law, and had great interefl in England. They therefore thought it bell to fall in with Allen's views, and enter into an accommodation with him. 1 705. -^ general meeting of deputies being held at Mays. Portfmouth, the following refolutions and propofals were drawn up, viz. ' That they ' had no claim or challenge to any part of the * province without the bounds of the four * towns of Portfmouth, Dover, HaiTzpton and * Exeter, with the hamlets of New-Caftle and .fOTi ' Kingflon, which were all comprehended ^ * within line? already known and laid out, * and which fliould forthwith be revifed ; but * that Allen and his heirs might peaceably * hold and enjoy the faid great wafte, contain- ' ing Jorfy miles hi length and twenty in breadth^ NEW-HAMPSHIRE. 255 or thereabouts, at the heads of the four 1705. towns aFoiWaid, if it fhould fo pleafe her majefly ; and that the inhabitants of the four towns would be fo far from interrupt- ing the fettlement thereof, that they delired the faid wafte to be planted and filled with inhabitants, to whom they would give all the encouragement and afliflance in their power. That in cafe Allen would, for him- felf and heirs, forever quit claim, to the prefent inhabitants and their heirs, all that tract of land 'comprehended within the bounds of the feverai towns, and warrant and defend the fame againft all perfons, free of mortgage, entailment and every other in- cumbrance, and that this agreement fhould be accepted and confirmed by the queen ; then they would lot and lay out to him and his heirs five hundred acres within the town of Portfmouth and New-Caftle, fifteen hun- dred in Dover, fifteen hundred in Hamp- ton and Kingflon, and fifteen hundred in Exeter, out of the commonages of the faid towns, in fuch places, not exceeding three divifions in each town, as fhould befl ac- commodate him and be leall detrimental to them ; and that they would pay him or his heirs two thoufand pounds current money of New-England at two payments, one with- in a year after receiving the royal confirma- tion of this agreement, and the other within a year after the firfl: payment. That all con- trails made either by Mafon or Allen with any of the inhabitants, or others, for lands or other privileges in the polTeffion of their tenants in their own juft right, befide the. claim of Mafon and Allen, and no other. 256 HISTORY or 170^. *lliouId be accounted valid ; but that if an^ * of the purchafers, lefTces or tenants fhould * refufe to pay their juft part of thefums agreed * on, according to the lands they held, their ' fliare fhould be^ abated by Allen out of the ' two thouland pounds payable by this agree- ' ment. That upon Allen's acceptance, and * underwriting of theie articles, they would * give perfonal fecurity for the aforefaid pay- * ment ; Mid that all adlions and fuits depend- ' ing in law concerning the premifes fliould •ceafe till the queen's pleafure fhould be * known.' of n/^on '^hefe articles were ordered to be prefented fif j.ordsef to i\llen for his acceptance : But fo defirable j^o^' an iffue of the controverfy was prevented by his fudden death, which happened on the Aext day. He left a fon and four daughters, and died inteflate. Colonel Allen is reprefented as a gentle- man of no remarkable abilities, and of afoli- Aticinson's tary rather than a focial difpoiition ; but " mild, obliging and charitable. His charac- wraTsi- ^^^y ^vhile he was a merchant in London, was nionand fair and upright, and his donieflic deport- Mr.'^prince, mcnt amiable and exemplary. He was a •^^- member of the church of England by pro- fefTion, but conftantly attended divine wor- fhip in the congregation at New-Caflle, and was aflri(5^ obferver of the chriftian fabbath. He died on the fifth of May 1705, in the feventieth year of his age, and was buried in the fort. After his death his onlv fon, Thomas Af~ 1706. len, Efq. of London, renewed the fuit, by pe- titioning the queen, who allowed him to bring a new writ of ejecl:menr, and ordeied NEW-HAMPSHIRE. ^ 257 a revival of the direc5llons given to the gov- 1706^ crnor in 1703, with relpedl to the jury's find- ^^y *^ ing a fpecial verdidt. Accordingly Allen, having previouily conveyed one half of the lands in New-Hampfliire by deed of fale to Sir Charles Hobby, and appointed his moth- August 20. er Elizabeth Allen his attorney, brcnight his writ of ejedlment againft Waldron in the in- . . ^ 111 Apnl 19. xerior cotirt 01 common pleas where he was call. He then removed it by appeal to the fuperior court, where it had been tried three years before. As this was the lafl trial, and as all the ftrength of both parties was fully dis- played on the occafion, it will be proper to give as juft a view of the cafe as can now be coUedled from the papers on file in the office of the fuperior court. On Allen's part were produced copies of the charter by vv^hich King James I. confti- tuted the council of Plymouth ; their grants to Mafon in 1629 and 1635 ; his lad will and teftament ; an inventory of artillery, arms, ammunition, provifions, merchandize and cattle left in the c^re of his agents here at his death ; depofitions of feveral ancient perfons taken in 1685, who remembered the houfes, fields, forts, and other pofieflions of Capt. Mafon at Portfmouth and Newichwan- nock, and were acquainted with his agents, .fte wards, factors and other fervants, who di- videdthe cattle and merchandize among them after his death ; the opinions of Sir Geoffry Palmer, Sir Francis Winnington and Sir Wil- liam Jones in favour of the validity of Ma- fon's title ; King Charles' letter to the prefi- dent and council of New-Hampfhire in 1680 ; the paragraph of Cranfield's commiflioa ii ^58 HISTORY OI^ 1707. which refpeds Mafon s claim in 1682 ; th6 writ, verdidl, judgment and execution againfl Major Waldron in 1G83 ; the decilion of the king in council againfl Vaughan in 1686 ; Dudley's writ of certiorari in 1688 ; the fine and recovery in Weft minder-hall whereby the entail was cut off, and the confequent deed of fale to Allen in 1691 ; Sir Edward Northey's report in 1703 ; and evidence of Allen's taking pofTelTion of the waftes, and of his inclofing and occupying fome land at Great Ifland. On this evidence, it was plead- ed that the title derived from Mafon, and his pofTeffion of the province, of which the lands in queftion were part, was legal ; that the appellee's pofTeflion had been interrupted by the appellant and thol'e from whom he de- rived his title, more efpecially by the judg- ment recovered by Robert Mafon againft Major Waldron ; and a fpecial verdicfl was moved for, agreeably to the royal dire(5lions. The council on this fide were James Mein- zies and John Valentine. On Waldron's part was produced the deed from four Indian fachems to Whelewright and others in 1629 ; and depofidons taken from feveral ancient perfons who teftified that they had lived vv'iih Major Waldron^ when he began his plantation at Cochecho, about the year 1640, and allified him in building his houfes and mills, and that no perfon had difturbed him in the pofTefiion thereof for above forty years. To invalidate the evidence of the title produced on the op- pofite fide, it was pleaded. That the alledg- ed grant from the council of Plymouth to Maibn in 1629, was not figned ; that livor) NEW-HAMPSHIRE. 259 and feizin were not endorfed on it as on oth- 1707. er of their grants, and as was then the legal form ; nor was it ever enrolled according to flatute : That the fale of part of the fame lands in 1628 to the MaiGTachufetts company, by an inftrument figned and executed ac- cording to law, renders this fubfequent grant fufpicious ; and that his pretending to pro- cure another grant of part of the fame lands in 1635, was an argument that he himfelf could not rely on the preceding one, nor was it credible that the fame council iliould grant the fame lands twice, and to the fame perfon : That the alledged grant in 1635 was equally defective ; and that he muft relinquiih one or che other, it being contrary to the reafon and ufage of law to rely on two feveral titles at once. It was urged, That Waldron's pof- feilion was grounded on a deed from the na- tive lords of the foil, with whom his father had endeavoured to cultivate a friendly con- nexion ; that he had taken up his land with their confent, when the country was a wil- dernefs ; had cultivated it, had defended it in war at a great expence, and at the hazard of ^is life, which he finally loft in the attempt ; that the Indian deed was legally executed in the prefence of the facflors and agents of the company of Laconia, of which Mafon was one ; that this was done with the toleration of the council of Plymouth, and in purfuance of the great ends of their incorporation, which were to cultivate the lands, to people the coun- try and chriftianize the natives, for the honour and intereft of the crown and the trade of Eng^ land, ail which ends had been purfued and at- tained by the appellee and his anceftor. It; was 260 HISTORY Ot 1707. alfo alledged, that the writ againft Major Waldron in 1683 was for "lands and tene- ments," of which the quantity, fituation and bounds were not defcribed, for want of which no legal judgment could be given ; that no execution had ever been levied, nor was the polTefFor ever diilurbed or amoved by reafon thereof ; and that the copies produced were not attefled, no book of records being to be found. To invalidate the evidence of Ma- fon's poireiTion, it was obferved, that he hini- felf was never here in perfon ; that all the fet- tlement made by his agents or fucceflbrs was only a factory for trade with the Indians, and principally for the difcovery of a country called Lacoiila ; and that this was done in company with feveral other merchant-adven- turers in London, who, for the fecurity of their goods ere(5led a fort ; but that this could not: amount to a legal poflellion, nor prove a tide to the country, efpecially as upoa the failure of trade, the object of their enterprize, they quitted their f.i6lory, after a few- years flay in thefe part .. As to the motion for a fpecial verdi6l, it was faid that a jury could not find one, if they had no doubt of rhe law or fa61:, for the roafon of a fpecial verdict is a doubt either in point of 1 rv or evidence ; nor was it coniilient with the privileges of Engliihmen that a jury Ihould be compelled to find fpecialiy. In ad- dition to thefe pleas it was further iillodged, that by the llatute law no adtion of ejc^lment can be maintained except the plaintiiF, or thofj under whom he claims, have been in poirefTion within twenty years ; and if they have been out of pofleihon iixty years, then NEW-HAMPSHIRli. 261 not only an ejedment, but a writ of right, 1707. and all other real ad:ions are barred in refpe(5t of a fubjedl, and that in fuch cafes the right of the crown is alfo barred : and that by the ftatute of 32 Hen. 8. ch. 9. It is enaded, that no perfon {hall purchafe any lands or tene- ments, unlefs the feller, or they by whom he claims, have been in polfeflion of the fame or the reverfion or the remainder thereof, or have taken the rents or profits thereof by the fpace of one whole year next before fuch bar- gain is made ; and that the appellee and his anceftor, and no other perfon whatever had been in poifefTion of the premifes, nor was it ever pretended by the appellant that the Ma- fons, of whom the purchafe was made, were in poffeflion w^ithin one year, or at any time before the alledged purchafe ; that all the mifchiefs provided againil by the above ftat- ute have been experienced by the people of New-Hampfhire from the purchafe made by the appellant's father, of the bare title of the propriety of the province. The council on this fide were John Pickering and Charles Story. A certificate from the lieutenant-governor refpe6ting the queen's directions was deliver- ed to the jury who returned the following ^"^' *^' verdicfl: : " In the caufe depending between *' Thomas Allen, Efq. appellant and Richard " Waldron, Efq. defendant, the jury findes " for the defendant a confirmation of the for- " mer judgment and cofts of courts. Mark ** flunking, foreman." I'he court then fentout the jury again, with this charge, " Gentlemen, you are further to *' confider thi? cafe and obferve her majefty's 262 HISTORY OF 1707. " diredlions to find fpecially and your oaths.*' They returned the fecond time with the fame verdi6l ; upon which the court ordered judg- ment to be entered, and that the defendant recover cofts of the appellant. The council for the appellant then moved for an appeal to her majefty in council ; which was allow- ed on their giving bond in two hundred pounds to profecute it. But the loyalty of the people, and the dif- Coundiand ti'elTes uuder which they laboured by reafon R«S^8.^ ' of the war, prevailed on the queen's miniftry to fufpend a final decifion ; and before the Printed appeal could be heard, Allen's death, which ^*^*^°[i^^^" happened in 1715, put an end to the fuit, p. »o. which his heirs, being minors, did not re- new. '^EW-HAMPSHIRE. ^63 CHAP. XII. i he Tjar '.iHth the French and Indians, called Queen June's r.va?-. — Caiclusian c/' Dudley's and Usher's admi?iisi ration. The peace which followed the trea- ty of Ryfwick was butof fhort duration, for the feeds of war were ready fown both in Europe and America. Louis had proclaim* ed the pretender king of England, and his Governor Villebon had orders to extend his province of Acadia to the river Kennebeck, though the Englifli court underflood St. Croix to be the boundary between their ter- ritories and thofe of the French. The fifliery was interrupted by French men of war, and by the orders of Villebon, who fuffered no Englilh veffels to filh on the banks of Nova- Scotia. A French miiTion was eftablifhed, and a chapel erecfled at Norridgewog, on the upper part of Kennebeck, which ferved to extend the influence of the French among the Indians. The governor of Canada, af- faming the character of their father and pra- te(5lor, infligated them to prevent the fettle- ment of the Englilh to the eall of Kennebeck, and found foine among them ready to liften to his advice. The people in thofe parts were apprehenfive of danger and meditating a removal, and thofe who had entertained thoughts of fettling there were reftrained. Things were in this pofture when Dudley entered on his government. He had particu- lar orders from England to rebuild the fort at Pemaquid ; but could not prevail on the Malfachufetts aiTemblyto bear the expence 264 HISTORY OF of it. However he determined on a vifit to the eaftern country, and having notified his intention to the Indians, took with him a number of gentlemen of both provinces*, 170 J. g^Q^ held a conference at Cafco with delegates from the tribes of Norridgewog, Penobfcot, Pigwacket, Penacook and Amarifcoggin ; who afTured him that •"* as high as the fun was "above the earth, fo far diflant was their de- '''fign of making the lead breach of the "peace." They prefented him a belt of wam- pum in token of their lincerity, and both par- ties went to two heaps of ftones which had formerly been pitched and called the Two Brothers^ where the friendfliip was further ratified by the addition of other ftones. They alfo declared, that although the French emif- faries amori^- them had been endeavouring to break the union, yet it was " firm as a moun- " tain, and ihould continue as long as the " fun and moon." Notwithftanding tliefe fair appearances, it was obferved that when the Indians fired a falute their guns were charg- ' ed with fhot ; and it was fufpected that they had then formed a defign to fcize the gover- nor and his attendants, if a party which they expelled from Canada, and which arrived two or three days after, had come in proper feafon to their afliftance. Plowever this might be, it is certain that in the fpace of fix weeks, a August 10. body of French and Indians, five hundred in number, having divided themfelves into fev- eral parties, attacked all the fettlements from Cafco to Wells, and killed and took one hun- * Mr. Hutchinson has misplaced this transaction by a vi.t- NEW-HAMPSHIRE. 26^ dred and thirty people, burning and deftroy- 1703. ing all before them*. The next week (Auguft 17) a party of thirty Indians tinder Captain Tom killed five people at Hampton village ; among whom was a widow MufTy, a noted fpeaker among the friends, smd much lamented by them j they alfo plundered two houfes ; but the people being alarmed, and purfuing them^ they fled. The country was now in terror and confu- fion. The women and children retired to the garrifons. The men went armed to their work and polled centinels in the fields. Troops of horfe were quartered at Portfmouth and in the province of Maine. A feout of three hun- dred and fixty men marched toward Pig- wacket, and another to the Oflapy Pond, but made no difcoveries. Alarms were frequent, and the whole frontier country from Deeir- field on the well, to Cafco on the eafl was kept in continual terror by fmall parties of the enemy. In the fall Col. March of Cafco made a vifit to Pigwacket, where he killed fix of the enemy and took fix more ; this encouraged the government to offer a bounty of forty pounds for fcalps. As the winter came on, the frontier towns were ordered to provide a large number of Ihow-fhoes ; and an expedition was planned in New-Hampfhire, againft the head-quar- ters of the Indians. Major Winthrop Hil-- * Mr. Hatdiinson takes no notice of this rennarkable devasUti.©n, whiah IS particulatly related by Mr. Penhallow in his " war« ttf New-Ettg"" !and." p, ?". K B 266 HISTORY or 1703- tan, and Captain John Gilman of Exeter, Captain Chefley and Captain Davis of Oyfter river, marched with their companies on fnow Ihoes into the woods ; but returned without fuccefs. This is called in the council books " an honourable fervice :" Hilton received a gratuity of twelve, and each of the captains five pounds. 1^04 With the return of fpring there was a re- turn of hoflilities ; for notwithiianding the polling a few foutliern Indians in the garri- fons at Berwick, the enemy appeared at Oyf- ter river, and Ihot Nathaniel Medar near his April 25. own field, and the next day killed Edward Taylor near Lamprey river, and captivated his wife and fon. Thefe inilances of mif- chief gave colour to a falfe alarm at»Coche^ cho, where it was faid they lay in v/ait for- Col. Waldron a whole day, but miffrng him " by reafon of his abfence from honje, took his fervant maid as fhe went to a fpring for water ; and having examined her as to the ftate of the garrifon, ilunned her with an hatchet but did not fcalp her. In May, Col. Church, by Governor Dud- ley's order, having planned an expedition to the eaftern fhore, failed from Boilon with a i number of tranfports, furnilhed with whale- ' boats for going up rivers. In his way he ftopt at Pafcataqua, where he was joined by a body . of men under Maj. Hilton, who was of eminent fervice to him in this expedition*, which lafl- ed the whole fummer, and in which the\ deftroyed the towns of Minasand Chiegnecflo, * This is called in the council books "an expedition toPort-Roynl,"' and this was the ostensible object. But Church in his memoirs says that Dud- ley would not permit him to go there. Church, p. 104. Hutch. II. 146 NEW-HAMPSHIRE. 267 and did confiderable damage to the French 1704. and Indians at Penobfcot and PafTamaquod- dy, and even infulted Port Royal. While they were at Mount Defart, Church learned from nine of his prifoners that a body of * fix hundred Indians were preparing for an attack on Cafco, and the head of Pafcataqua riter ; and fent an exprefs to Portfmouth which obliged the people to be vigilant. No fuch great force as this appeared ; but fmall parties kept hovering on the outfkirts. At Oyfler river they wounded William Talker ; and at Dover they laid in ambufh for the people on their return from public worfhip, but happily miffed their aim. They after- ward mortally wounded Mark Gyles at that place, and foon after killed feveral people in "^^* a field at Oyfler river, whofe names are not mentioned. In the former wars New-Hampfhire had received much afTiflance from their brethren ' of MafTachufetts ; but thefe now remonflrat- ed to the governor that his other province did not bear their proportion of the charge for the common defence. The reprefenta- tives of New-Hamplhire urged, in reply, the different circumflances of the two provinces ; " moft of the towns in MafTachufetts being out of the reach of the enemy, and no oth- er wife affedled by the war than in the pay- ment of their part of the expence, while this province was wholly a frontier by fea and land, and in equal danger with the county of York, in which four companies were fla- * [ suppose this is the party whom Pcnhallow mentions, p. 23, who quairelled on rleir inarch about dividiiiir the phinder which they might take, a'ld of whom two hundred returned wliile the rest pursued their march, an,'' did damage at Lancaster and Groton. Council 268 HISTORY OF 1704. tioned, and the inhabitants were abated their proportion of the public charges." They beg- ged that twenty of the friendly Indians might Rec"''" be fent to fcout on their borders, which re- quefl the governor complied with. 1705. In the winter, Col. Hilton with two hun- dred and feventy men, including the twen- ty Indians, were fent to Norridgwog on fnow Ihoes. They had a favourable feafon for their inarch, the fnow being four feet deep. When they arrived there, finding no enemy to contend with, they burnt the deferted wigwams, and the chapel. The officers who went on this expedition complained that they had only the pay of private foldiers. The late repairs of fort William and Mary at New-Caftle were always complained of as burdenfome to the people, and a reprefenta- tion thereof had been made to the queen, who inflrudled Dudley to prefs the affembly of MafTachufetts to contribute to the ex- pence J as the river belonged equally to both provinces. They urged in excufe that the fort was built at firft at the fole charge of New-Hampfliire to whom it properly be- longed ; that the whole expence of the re- pairs did not amount to what leveral of their tov/ns fingly paid toward the fapport of the war for one year ; that all the tradp and nav- igation of the river, on both fides, paid a du- ty toward maintaining that fortrcfs ; and that they had been at great expence in protccfting the frontiers of New-Hampfhire, and the par- ties-who were employed in getting timber and mails for her majefty's fervice ; whjle New-Hampfliire had never contributed any shing to tlie fupport of the garrifons, forces NEW-HAMPSHIRE. "269 :arid guards by fea, which were of equal ben- 1705. ,efit to them as to MalTachufetts. One thing which made New-HampjQiiiemore in favour with the queen was, that they had fettled a falary on her governor, which the others nev- er could be perfuaded to do. The repairs of the fort, however, went on without their af- liftance, under the direction of Col. Romer ; and when they were completed, a petition was fent home for a fupply of cannon, am- munition and ftores. The next fammer was chiefly fpent in. ne- gotiating an exchange of prifoners ; and Dud- ley had the addrefs to protradl the negotia- tion, under pretence of confulting with the other governments about a neutrality pro- pofed by the governor of Canada, by which means the frontiers in general were kept tol- erably quiet, although the enemy appeared once or twice in the town of Kittery. The line of pickets* which inclofed the town of Portfmouth was repaired, and a nightly pa- trole eflabliihed on the fea fhore from Ren- dezvous Point to the bounds of Hampton, to prevent any furprize by fea ; the coaft being at this time infefled by the enemy *s privateers. During this truce, the inhabitants of Kingf- ton who had left the place, were encouraged to petition for leave to return to their lands ; which the court granted on condition that they fhould build a fort in the center of the town, lay out a parfonage and fettle a minify ter within three years. This laft condition was rendered impracticable by the renewal of hoftilities. * This line extended from the mill-pond on the south, to the creek on the north side cf tlie town. It crossed the main street a few tods we3tward of uivs spat where the State House now stands. .270 HISTORY OF 1705. The governor of Canada had encoiiraged New-England to remove to Canada, wiiere being incorporated with the tribe of St. Fran- cis, they have ever lince remained. By this policy they became more firmly attached to the intereft ' of the French, and were more eafily difpatched on their bloody bufinefs to the frontiers of New-England, with which they were well acquainted, Dudley, who was generally apprized of their movements, and kept a vigilant eye upon them, appre- hended a rupture in the winter ; and gave or- ders for a circular fcouting march, once a month, round the head of the towns from I (06= Kingfton to Salmon falls ; but the enemy did not appear till April ; when a fmall party of them attacked the houfe of John Drew at Oy- fler river, where they killed eight and woun- ded two. The garrifon was near, but not a man in it : the women, however, feeing nothing but death before them,fired an alarm, and then putting on hats, and loofening their hair that they might appear like men, they fired fo brilkly that the enemy, apprehend- ing the people v/ere alarmed, fltcl without burning or even plundering the hoiife which they had attacked. John Wheeler, meeting this party and miilaking them for friendly Indians, unhappily fell into their hands and was killed with his wife and two children. Four of his fons took refuge in a cave by the bank of the Little Bay, and though purfued by the Indians efcaped unhurt. In July, Colonel Schuyler from Albany gave notice to Dudley that two hundred and feventy of the enemy w^re on their march tov^^ard Pafcataqua, of which he immediately NEW-HAMPSHIRE. 271 the Indians who inhabited the borders of 1706. informed the people, and ordered them to clofe garrifon, and one half of the militia to be ready at a minute's warning. The firft appearance of this body of the enemy was at Dunftable ; from whence they proceeded to Amefbury and Kingflon, where they killed fome cattle. Hilton with fixty four men inarched from Exeter ; but was obliged to return without meeting the enemy. The rea- fon he gave to the council for returning fo foon was the want of provilion, there being none in readineis at the garrifons, notwith- ftanding a law lately enadled, e'ljoining it on every town to have ilores ready and de- polited in the hands of their captains. For the fame reafon he had been obliged to dif- continue a fmall fcout which he had for fome time kept up. Hilton was fo brave and active an ofacer that the enemy had marked him for de.uru6lion ; and for this purpofe a party of them kept lurking about his houfe, where they obferved ten men to go out one- morning with their fcythes, and lay afide their arms to mow ; they then crept between the men and their guns, and fuddenly rufh- ing on them, killed four, wounded one, and took three ; two only of the whole number efcaped. They miffed the major for this time, and two of their prifoners efcaped ; but fufFered much in their return, having noth- ing to fubiift on for three weeks but lily rootc^ and the rinds oftrecs. After this they A"g«s«»0' killed William Pearl and took Nathaniel Tib- bets at Dover. It was obferved during this war that the enemy did more damage in fmall bodies than in larger, and by fcattering tl'2 HISTORY O? 1706. along the frontiers kept the people in corP tinual apprehenfion and alarm ; and fo very few of them fell into our hands, that in com- Penhaiiow, Fating the expence of the war it was judged p-40- that every Indian killed or taken coft the 1707. couiitry a thoufand pounds. In the following winter Hilton made anoth- er excurlion to the eaftward, and a fhallop was fent to Cafco with ftores and provifions for his party, confifting of two hundred and twenty men. The winter being mild, and the weather unfettled, prevented their march- ing fo far as they intended : cold dry weath- er and deep fnow being moft favourable to winter expeditions. However they came on an Indian traeknear Black Point, and purfuing it, killed four, and took a fquaw who condu6led j|n. 21 them to a party of eighteen, whom they fur- prized as they lay afleep on a neck of land at break of day, and of whom they kill- ed feventeen, and took the other. This was matter of triumph confidering the diffi- culty of finding their haunts. It was re- marked that on the very morning that this affair happened, it was reported, with but little variation from the truth, at Portfmouth, though at th^ diftance of fixty miles. When Church went to Nova-Scotia, he very earneflly folicited leave to make an at- tempt on Port Royal ; but Dudley would not confent, and the reafon he gave was, that he had written to the miniftry in England and expedled orders and naval help to reduce the place. His enemies however afligned anoth- er reafon for his refufil ; wdiich was that a clandeftine trade was carried on by his con- nivance, and to his emolument, with thf^ NEW-kA MPS Hire; 273 "French there. This report gained credit and 1707- occalioned a loud call for juftice. Thofe who were diredlly concerned in the illegal traffick, were profecuted and fined ; and the governor ^^^f^' luffered much in his reputation. To wipe ofF Massa. thefe afperfions he now determined to make pgeis*^ an attack in earneft: on Port Royal, even though no ailiilance ihould come from Eng- land. It was intended that an armament fhould be fent to America, and the command- er was appointed ; but the ftate of affairs in Europe prevented their coming. Early in the fpring the governor applied to the afTeml >lies of both his provinces, and to the colonies of Rhode Ifland and Connec- ticut, requeuing them to raife one thoufand men for the expedition. Connedlicut de- clined ; but the other three raifed the whole number, who were difpofed into two regi- ments, of which Colonel Wainwright com- manded the one, and Colonel Hilton the other. They embarked at Nantafket in twenty three tranfports furnifhed with *^ whaleboats, under convoy of the Deptford man of war, Capt. Stuckley, and the pro- vince galley. Captain Southack. The chief command was given to Colonel March, who had behaved well in feveral fcouts and ren- counters with the Indians, but had never been tried in fuch fervice as this. They ar- MayfiCr* rived before Port Royal in a few days, and after burning fome houfes, killing fome cat- tle round the fort, and making fome ineffec- tual attempts to bombard it, a jealoufy and difagreement among the officers, and a mif- Apprehenfion of the ftate of the fort and gar- ''"J^^o^-- L L - ii74 HISTORY OF 1707. rilbn, caufed the army to break up and reim^ aUry* bark in a diforderly manner. Some of the officers went to Boflon for Orders, fome of the tranfports put in at Cafco ; a floop with Captain Chefley's company of fixty men ar- June 13. rived at Portfmouth : Chefley fuffered his Council men to difperfe, but ordered them to return Records. ^^ ^^^q beat of the drum ; Being called to ac- count for this condudl he alledged that "gen- " eral orders were given at Port Royal for " every man to make the beil of his way " home." The governor, highly chagrined and very angry, fent orders from Boflon that if any more vefTels arrived the men fhould not be permitted to come on fhore " on pain of death." After a while he ord- ered Cheiley's company to be collected and reimbarkcd, offering a pardon to thofe who voluntarily returned, the rell: to be feverely punifhed. By the latter end of July they got on board, and with the reft of the army, returned to the place of adlion. At the land- ing, an ambufcade of Indians from among the fedge on the top of a fea-wall, greatly annoyed the troops. Major Walton and Captain Chefley, being then on fhore with the New-Hampfliire companies, pufhed their men up the beach, flanked the enemy, and after an obftinate ftruggle put them to flight. The command was now given to Wainwright, and the army put under the dircdlion of three fupervifors ; but no means could in- fpire that union, firmnefs and fkill which were necefTary. By the lafl of Augull the whole affair was at an end, and the army re- turned fickly, fatigued, diflieartened, and NEW-HAMPSHIRE. 275 ^fliamed ; but with no greater lofs than fix- 1707, teen killed and as many wounded. While this unfortunate expedition was in hand, the frontiers were kept in continual alarm. Two men were taken from Oyfter May 22" river, and two more killed as they were driv- jaiy s. ing a team between that place and Dover. Captain Sumerfby purfued with his troop and recovered the contents of the cart. Ste- phen and Jacob Oilman, brothers, were am- p^^. .j^^^ bulhed between Exeter and Kingfton ; their page 45. horfes were killed, but both of them efcaped to the garrifon. Kingfton, being a new plantation, was much expofed, and was this fummer weakened by the defertion of eight men. The remaining inhabitants complain- ed to government, who ordered the captains of Exeter and Hampton to take them up as deferters, and oblige them to return to the defence of their fettlements, or do duty at the fort during the governor's pleafure. They were afterward bound over to the fef- ^^"^ iions for contempt of orders. The ftate of the country at this time was truly diftrefTed ; a large quota of their beft men were abroad, ■ the reft harraffed by the enemy at home, obliged to continual duty in garrifons and in fcouts, and fubjedl to fevere difcipline for ne- gle<5ls. They earned their bread at the con- tinual hazard of their lives, never daring to ftir abroad unarmed ; they could till no lands but what were within call of the gar- rifoned houfes, into which their families were crowded ; their hufbandry, lumber- trade and fiftiery were declining, their taxes increafing, their apprehenfions both from the force of the enemv and the failure of the §76 HISTORY Ot 1707. Port Royal expedition were exceedingly dif- mal, and there wa§ no profpe<5l of an end to the war, in which they were now advanced to the fifth fummer. Yet under all thefc dif- trefTes and difcouragements, they refolutely kept their ground and maintained their gar- rifons, not one of which was cut off during the whole of this war, within the limits of New-Hampfhire. ^pt. 15. jj^ September one man was killed at Exe^ -—-17. ter, and two days after Henry Elkins at Kingfton. But the fevered blow on th^ frontiers happened at Oyfter river, a place which fuffered more than all the reft. A party of French Mohawks painted red, at- tacked with an hideous yell a company who were in the woods, fome hewing timber and others driving a team, under the direction of Captain Chefley who was juft returned the fecond time from Port Royal. At the firft fire they killed feven and mortally wounded another. Chefley, with the few who were left, fired on the enemy with great vigour, and for fome time checked their ardor ; but; being overpowered, he at length fell. He was much lamented, being a brave officer. Three of the fcalps taken at this time were loon after recovered at Berwick. 1708. The next year a large army from Canada was clisftined againft the frontiers of New- England. Dudley received information of it in the ufual route from Albany, and im- mediately ordered guards in the moft ex- pofed places of both his provinces. A troop under Captain Robert Coffin patrol ed from Kingfton to CochecliOj and fcouts were kept out coi:i,tiaually. Spv-boa^s were alfo kept NEW-HAMPSHIRE. 277 out at fea between Pafcataqiu and Winter 1708. harbours. Four hundred MafTachufetts fol- diers were polled in this province. The towns were ordered to provide ammunition, and all things were in as good a ftate of pre- paration as could be expedled. At length the florm fell on Haverhill ; but the ene- "^ *' my's force having been diminifhed by va- rious accidents, they proceeded no farther, and every part of New-Hampihire was quiet. Hilton made another winter march to Pig- ^"JJ*"^ wacket with one hundred and feventy men, but made no difcovery. The next fpring William Moody, Samuel 1709^ Stevens, and two fons of Jeremy Oilman were May 5. taken at Pickpocket-mill in Exeter, and fooa after Bartholomew Stevenfon was killed at Jvmtot Oyfler river. Colonel Hilton and Captain Davis performed their ufual tour of duty in fcouting, and the people this fummer kept clofe in garrifon, on a report that two hun- dred Indians had marched againft them from Montreal. But the principal objedl now in view was a defire of wiping off the difgrace of a former year by an attempt, not on Port Royal, but on Canada itfelf. For this pur- pole folicitations had been made in England by Francis Nicholfon, Efq. who had been lieutenant-governor of Virginia, and Captain Samuel Vetch a trader to Nova-Scotia, who was well acquainted with the French fettle- ments there, and made a full reprefentation of the ftate of things in America to the Brit- ifh miniftry. An expedition being deter- mined upon they came over early in the fpring with the queen's command to the gov- ernors of the feveral provinces tp raife men 278 HISTORY OF 1709. for the fervice. Vetch was appointed a colo- nel, and Nicholfon, by nomination of the governor of New- York, and confent of the other governments, was made commander in chief. The people of New-Hampfhire were fo much exhaufted, and their men had been fo ill paid before, that it was with great diffi- culty, and not without the diffolution of one aflembly and the calling of another, that they could raife money to levy one hundred men and procure two tranfports for convey- ing them. After the utmoft exertions had been made by the feveral governments, and Nicholfon with part of the troops had march- ed to Wood creek, and the reft with the tranfports had lain at Nantafket three months waiting for a fleet, news arrived that the ar- mament promifed from England was divert- ed to another quarter. Upon which the commander of the frigates on the Boflon ftation refufed to convoy the troops, the whole army was disbanded, and the expence the colonies had been at was fruitlefs. A congrefs of governors and delegates from the aflemblies met in the fall at Rhode-Iiland, who recommended the fending home agents to affift Colonel Nicholfon in reprefenting the ftate of the country, and foliciting an expe- dition againft Canada the next fpring. The miniftry at firft feemed to lift en to this pro - X710. pofal, but afterward changed their minds, and refolved only on the reduction of Port Royal. For this purpofe Nicholfon came over in July with five frigates and a bomb ketch ; the colonies then had to raife their A'j^st 1. quotas ; the New-Hampfliire aflembly ord- ered one hundred men,, who were got ready NEW-HAMPSHIRE. 279 as foon as poflible, and put under the com- 171Qi maid of Colonel Shadrach Walton. The whole armament failed from Bofton the eighteenth of September, and on the twenty- fourth arrived at the place. The force now being equal to its redu(5lion, Subcreafe, the governor, waited only the compliment of a few iliot and fhells as a decent pretence for a furrender ; which was completed on the fifth of Ocflober, and Vetch was appointed Hutchin- governor of the place which in honor of the p^^j^^l^ queen was called Annapolis. While this expedition was in hand, and be- fore the appointment of the commanders, New-Hamplliire fuftained an heavy lofs in the death of Col. Winthrop Hilton. This worthy ofHcer being concerned in the maft- juiy 22. ing bufinefs, and having feveral large trees felled about fourteen miles from home, went out with a party to peel the bark that the wood might not be injured by worms. While engaged in this bufinefs they were am- buflied by a party of Indians, who at the firft fire killed Hilton with two more, and took two ; the reft being terrified, and their guns being wet, made no oppofition, but efcaped. The next day one hundred men marched in purfuit but difcovered only the mangled bodies of the dead. The enemy in their barbarous triumph had (truck their hatchets into the colonel's brains, and left a lance in his heart. He was a gentleman "of " good temper, courage and condu6l, refpedl- Penhaiiov* " ed and lamented by all that knew him," ^^*^ and was buried with the honours due to his rank and characfler. Fluflied with this fuccefs, they infolently 2S0 HISTORY OF 1710. appeared in the open road at Exeter, and took four children who were at their play. They alfo took John Wedgwood, and killed John Magoon near his brother's barn, a place which for three days he had vifited with a^ melancholy apprehenfion arifing from a dream that he fhould there be murdered. The fame day that Hilton was killed, a company of Indians who had pretended friendfhip, who the year before had been peaceably converfant with the inhabitants of Kingfton, and feemed to be thirfting after the blood of the enemy, came into the town, and ambuihing the road, killed Samuel Win- flow and Samuel Iluntoon ; they alfo took MS Letter phi^p Huutoou and Jacob Oilman, and car- dark «> ried them to Canada ; where, after fome time, '*""°*" they purchafed their own redemption by building a faw-mill for the governor after the Englifh mode. The laft that fell this fummer was Jacob Garland, who was killed at Cochecho on his return from the public worfhip. As the winter approached. Colonel Walton with one hundred and feventy men traverfed the eaft- ern fhores, which the Indians ufually vifited at this feafon for the purpofe of gathering clams. On an Ifland where the party was encamped, feveral Indians decoyed by their fmoke, and miftaking them for fome of their own tribe, came among them and were made prifoners. One of them was a fachem of Norridgwog, adlive, bold and fullen ; when he found himfelf in the hands of enemies he would anfwer none of their queilions, and laughed with fcorn at their threatening him with death. His wife, being an eye witneft N£W-HAMPSHIRB. SBl f){ the execution of the threatening, was fo 1710. intimidated as to make the difcoveries M^hich the captors had in vain defired of the fa- chem ; in confequence of which, three were taken at the place of which fhe informed, and two more at Saco river, where alfo five were killed/ This fuccefs, inconiiderable as it may appear, kept up the fpirits of the peo- ple, and added to the lofs of the enemy v/ho were daily diminiiliing by ficknefs and fa- mine. In the fpring they renewed their ravages \'^W^ on the frontiers in fmall parties. Thomas Downs, John Church, and three more were killed at Cochecho ; and on a fabbath day feveral of the people there fell into an ambufh as they were returning from public worfliip. John Horn was wounded, and Humphrey Fofs was taken ; but, by the determined bravery of Lieutenant Heard, he was recov- ered out of the hands of the enemy. Walton with two companies marched to the ponds about the fifhing feafon ; but the Indians had withdrawn, and nothing was to be feen Penhaiicw/ but their deferted wigwams. pagew. After the redu6lion of Port Royal Nichol- fon went to England to folicit an expedition againll Canada. The tory miniflry of Queen Anne, ta the furprize of all the whigs in England and America, fell in with the pro- pofal ; and on the eighth of June, Nicholfon came to Bofton with orders for the northern colonies to get ready their quotas of men and provifion by the arrival of the fleet and ar- my from Europe ; which happened within^ {ixteen days ; and while the feveral gover- Hors were holding a confultation on the fub-' 282 HISTORY OF 1711. jedl of their orders. A compliance with them in fo Ihort a time was impoflible ; yet every thing that could be done was doiiC ; the nature of the fervice confpiring with the wifhes of the people, made the governments exert themfelves to the utmoft. New Ham p- fhire raifed one hundred men, which was more than they could, well fpare ; one half of the militia being continually employed in guarding the frontiers. They alfo. voted them fubliftence for one hundred and twen- ty fix days, behdes providing for them on Ihore before their embarkation. Two tranf- ports were taken up at eight lliillings per month per ton ; and artillery ftores were ilTued from the fort. The colony forces formed two regi- ments under the command of Vetch and Walton. The army Vvdiich came from Eng- land were feven veteran regiments of the Duke of Marlborouo-h's armv, and a battal- ion of marines, under the command of Brig- adier-General Hill, which, joined with the New-England troops made a body of about lix thoufand five hundred m-en, provided with a fine train of artillerv. The fleet con- fifted of fifteen ihips of war from eighty to thirty-fix guns, with forty tranfports and fix ^"gt^'r florelhips under the command of Admiral Hutch, vol. Walker. A force fully equal to the reduc- 2. p. 190. . r r^ ^ tion or Ouebec. The fleet failed from Boflon on the thir- tieth of July ; and a fall was ordered by Coun. Rcc. Dudley to be kept on the lafl Thurfday of that, and each fucceeding month, till the en- terprize fliould be finilhed. Tliis was an imitation of the condu6l of the long parlia- ment during the civil wars in the Jail centu» NEW-HAMPSHIRE. 283 ry. But the fanguine hopes of fuccefs which 1711. had been entertained by the nation and the colonies were all blafted in one fatal night. For, the fleet having advanced ten leagues into the river St. Lawrence, in the night of the twenty third of Augull, the weather be- ing thick and dark, eight tranfports were wrecked on Egg-Ifland near the north ihore, and one thoufand people perifhed ; among whom there was but one man who belonged to New-England. The next day the fleet put back, and were eight days beating down the river againfh an eafterly wind which would in two days have carried them to Quebec. After rendezvoufing at Spaniih river in the illand of Cape Breton, and hold- ing a fruitlefs confultation about annoying the French at Placentia, the expedition was broken up : the fleet returned to England, and the Nev/-England troops to their homes. Loud complaints and heavy charges were made on this occafion ; the ignorance of the pilots ; the obftinacy of the admiral ; the (detention of the fleet at Bofton ; its late ar- rival there ; the want of feafonable orders ; and the fecret intentions of the miniflry, ?"'"'""'*, J ^ defence ana were all fubjecls of bitter altercation : but letter to a y • r • 11 • noble lord. the miicarriage was never regularly enquir- ed into, and the voyage was finally fettled by October 9^ the blovvin'g up of the admiral's fliip, with mod of his papers, and four hundred fea- inen, at Spithead. The failure of this expedition encouraged -.^^o the Indians to harrafs the frontiers as foon as the feafon would permit. In April one Cunniugliam was killed at Exeter ; Enfign Tuttic at- Dover, an4, Jeremy Crqmmet at 2$4 Hi STORY OF 1712. Oyfler river ; on one of the upper branches of this dream the enemy burned a faw-mill with a large quantity of boards. A fcouting party who went Up the river Merrimack had the good fortune to furprize and kill eight Indians and recover a coniiderable quantity of plunder, without the lofs of a man. The frontiers were well guarded ; one half of the militia did duty at the garrifons and were ready to march at a minute's warning ; a fcout of forty men kept ranging on the heads of the towns, and the like care was taken by fea, fpy-boats being employed in coafting from Cape Neddock to the Great Boar's- head. Notwithftanding this vigilance, fmall parties of the enemy were frequently feen. Stephen Gilman and Ebenezer Stevens were wounded at Kingflon, the form.er was taken 7i3r.e3 and put to death. In July an ambuih was difcovered at Dover, but the enemy eibaped ; and while a party was gone in purluit of them, two children of John Waidron Vv^ere taken, and for want of time to icalp them, their heads were cut off. There being no man at that time in Heard's garriibn, a wo- man named Ellher Jones mounted guard and with a commandine: voice called io loudly and refoluteiy as made the enemy thinly there w;is help at hand, and prevented farther m.ii- chief 'In autumn the news of the peace of U- trccht arrived iu America • and on the 29th of Oclobor the iiifpenfion of arms was pro- claimed at Portliiiouth. 7'he Indians being iuforraed of this event c;ime in with a iiag ,of truce to Captain Moody at Caico, and de- sired a treat V ; which the go vc] nor, with thq KEW-HAMPSHIllE. 285 4:ouncil of each province, held at Portfmouth, 1713. where the chiefs and deputies of the feveral ^"'^ **- belligerent tribes, by a formal writing under hand and feal, acknowledged their perfidy, pFomifed fidelity, renewed their allegiance, fubmitted to the laws, and begged the queen's Pcnhaiiow pardon for their former mifcarriages. The p^s^'*-^*^ frequent repetition of fuch engagements and as frequent violations of them, had by this time much abated the fenfe of obligation on the one part, and of confidence on the other. But it being for the intereft of both parties to be at peace, the event was peculiarly wel- come. To preferve the dependence of the Indi- ans, and to prevent all occafions of com- plaint, private traffic with them was forbid- den and truck houfec edablilhed at the pub- lic expence ; and the next fummer a ihip was fitted out by both provinces, and fent to 1714^. Quebec, where an exchange of prifoners was eiFecfied. During the whole of this long war, Ufher behaved as a faithful fervant of the crown ; frequently coming into the province by Dudley's diredlion, and fometimes refiding in it feveral months, enquiring into the ftate of the frontiers and garrifons, vifiting them in perfon, conflilting with the officers of mi- litia about the proper methods of defence and protedlion, and offering his fervice on all occafions : Yet his auftere and ungracious manners, and the intereft he had in Allen's claim, efibclually prevented him from ac-> quiring that popularity which he feems to have deferved. He was folicitous to fup- porr tite dignity of ]\ls commiffion ; but ife^ HISTORY OF 1714. could never prevail with the afTembly to fet-* tie a falary upon him. The council gener- ally paid his travelling expences by a draught on the treafury^ which never amounted to more than five pounds for each journey, un- til he came from Boflon to proclaim the ac- cefiion of King George ; when in a fit of loyalty and good humour they gave him ten pounds, which ferved as a precedent for two or three other grants. He often complained, and fometimes in harlli and reproachful terms of their negledl ; and once told them Coun. Rcc. that his " Negro fervants were much better " accommodated in his houfe tha.i the " queen's governor was in the queen's foi t." Dudley had the good fortune to be n.ore popular. Befide his attention to the general intereil of the province and his care for its defence, he had the particular merit of fa- vouring the views of thofe who weie moft ftrongly oppofed to Allen's claim ; and t;bey made him amends by promoting in the af- fembly addreffes to the queen, defending his chara(5ler, when it was attacked and praying for his continuance in office when petitions were prefented for his removal. One of thefe addreffes was in one thoufand feven hundred and fix, and another in one thoufand feven hundred and feven, in both which they reprefent him as a " prudent, careful and faithful governor," and fay they " are " perfedlly latisfied with his difpofal of th^ " people, and their arms and the public •^ money." Addreffes to the crown were very frequent during this female reign. Scarce a year palled without one or two ; they cflther congratulated her uiaiefiy on her vie- NEW-HAMPSHIRE. 287 tories in Europe, or petitioned for arms and 1714* military llores tor their defence, or for fhips and troops to go againll Canada, or repre- ieiA::d their own poverty or Dudley's merits, o.' chanked her majefly for her care and pro- tection, and for interpoiing in the affair of Allen's iliit and not fuffering it to be decided againif them. A good harmony fubfifled between the governor and people, and between the two branches of the Legiilature, during the whole of this adminiflration. OnThe acceffion of King George a change 17154. was expelled in the government, and the af- fembly did what they could to prevent it by petitioning the king for Dudley's continu- ance. But it being now a time of peace, and a number of valuable officers who had ferv- ed with reputation in the late wars being out of employ ; intereft was made for their obtaining places of profit under the crown. Colonel Elifeus Burges who had ferved under General Stanhope was, by his recommenda- tion, commiffioned governor of Maffachufetts and New-Hamplhire ; and by the fame inte- reft George Vaughan Elq. then in London, was made lieutenant governor of the latter province ; he arrived and publifhed his com- miffion on the thirteenth of Ocflober. Uflier had fome fcruples about the validity of it as he had formerly had of Partridge's, and wrote on the fubjedl to the alTembly, who aifurcd him that on infpedlion they had found Vaughan's commnflion " flrong and authentic j" and that his own, was " null and ** void." Upon his difmillion from office he ^ ^ retired to his elegant feat at Medford, where andAssan, he {pent the reft of his days, and died pn the ^'y^^'"- 2S$ HISTORY OF 1715. fifth of September 1726, in the feventy-eighth years of his age. Burges wrote a letter to the afTembly in July, in which he informed them of his ap- pointment, and of his intention to fail for America in the following month. But Sir William Afhhurfl, with Jeremy Dummer the MafFachufetts agent, and Jonathan Belcher, then in London, apprehending that he would not be an acceptable perfon to the people of New-England, prevailed with him for the confideration of one thoufand pounds fter- ling, which Dummer and Belcher generoully advanced, to refign his commifTion ; and ^""^*^ Colonel Samuel Shute was appointed in his ^15' ftead to the command of both provinces. He arrived in New-Hampfhire and his com- miffion was publiihed the feventeenth of Oc- tober 1716. Dudley being thus fuperleded, ■f. retired to his family-feat at Roxbury, where he died in 1720, in the feventy-third year of his age-. APPENDIX. No. I. €b//i/ ^ a deed from four Indian sagamores to John Wheleiuright and others. i629. Wi HEREA8 We the sagamores of Penacook, Pentuckett Squomsquot and Nuchawanack are inclined to have the English inhabit amongst us as ihey are amongst our countrymen in the Massachubetts Bay ; by which means we hope in lime to be strengthened against our enemy the Tarcteens who yearly doth us damage. Likewise being per- suaded that it will be for the good of us and our posterity, &c. To that end have at a general meeting at Squomsquot on Piscattaqua river, We the aforesaid sagamores with a universal consent of our subjects, do covenant and agree with the English as followeth : NOW know all men by these presents that wePassaconawaye saganriore of Penecook, Runnaawitt sagamore of Pentuckit, Wahungnonawitt sagamore of Squomsquot, and Rowls sagamore of Nuchawanack, lor a competent valuation in goods already received in coats, shirts and kettles, and also for the considerations aforesaid do according to the limits and bounds here- after granted, give, grant, bargain, sell, release, ratify and confirm unto John Wheelwright of the Massachusetts Bay, late of England, a minister of the gospel, Augustine Story, Thomas Wite, William Wentworth* and Thomas Lcvet, all of the Massachusetts Bay in New-England, to them, their heirs and assigns for ever, all that part of the main land bounded by the river oi'Piscattaquaand the liver of Meremak, that is to say, to begin at Nuchawanack falls in Piscaitaqua river aforesaid, and so down said river to the sea, anil so aiongst the sea shore to Merramack river, and so up along said river to the falls at Pantuckit aforesaid, and from said Pantucket falls upon a north-Avest line twenty English miles into the woods and from thence to run upon a streight line north-east and south-west till meet with the main rivers that runs down to Pantuckett falls and Nuchawanack falls, and the said rivers to be the bounds of the said lands from the thwart line * William Wentworth was one of the ffrst settlers at Exeter, and after the breaking up of their combination for g-overnnient he removed to Dover and became a ruling elder in the church there. In 1689 he was remarkably instrumental of saving Heard's garrison, a« is related in the proper place. After this he officiated for several years as a preacher at Exeter and other places, and died in a very advanced age at Dover in 1697, leaving 9 numerous posterity. From liim the several Governors of that name are descended, Ifc ^.as a very tjvseful and good man. N N 290 APPfiNDlX. or head line to the aforesaid falls and the main chanell of each river horti Pentuckitt and Nuchawanack falls to the maine sea to be the side bounds and the main sea between Piscattaqua river and Meramack river to be the lower bounds, and the thwart or head line that runs from river to river to be the upper bounds ; together with all islands within said bounds, as also the Isles of Shoals so called by the English, together witli all profits, ad- vantages and appurtenances whatsoever to the said tract of land belonging or in any wise appertaining, reserving to our selves liberty of making use of our old planting land, as also free liberty of hunting, fishing and fowling ; and it is likewise with these provisoes following, viz. First, the said John Wheelwright shall within ten years after the date hereof, set down with a company of English and begin a plantation at S'n>^\\ returnes sent hither by APPENDIX. 293 Capt. Neal, Mr. Herbert or any of their factors as that they have noe de- sire to proceed any farther, unti'l Capt Needle come hither to confer with them, that by conferrence wiih him they nay settle things in a better or» der. Wee have written unto Capt. Neale to aismise the household, onlic such as will or canne live of themselves may stay upon our plantation in such convenient places as Capt. Neale, Mr. Godfrie and you shall thinke fitt ; and after conference had with Capt. Neale they shall have a reasona- ble quantity of lands graunted unto them by deed. Wee praie you to take care of our house at Newichwannick and to looke well to our vines, also you may take some of our swine and goates, which wee pray you to preserve. Wee have committed the chelfe care of our house at Pascatta.vay to Mr. Godfrie and written unto Mr. Warnerton to takt care of our house at Strawberry-bancke. Our desire is that Mr. Godfrie, Mr. Warnerton and you should joyne loveing^iie together in all tilings for our good, and to advise us what our best course will be to doe another yeare. You desire to settle yourself upon Sanders Point. The adventurers are Avilling to pleasure you not only in this, in regard of the good report they have heard of you from tyme td tyme, but alsoe after they have conferred with Capt. Neale, they determyne some further good towards you for your further incouridgment. Wee desire to have our fishermen increased, whereof wee have written unto Mr. Godfrye. Wee thank you for assisting John Raymond, wee pray you still to be helpful to him that so he may dispatch and come to tis 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 we doe nereby piay you to receive them into your custody and to put them off wiih what conveniency you canne, and to send us the retournes by the first shipp that comes. Thus we commend you and your wife to thepro* r^ection of the almightye. Your loving friends, John Mason, Tho. Warnerton^ Henry Gardiner, Tho. Eyre, for my Geo. Griffith, children. No. IV. Copy of a letter from Gibbins to the comfiany. AFTER my umbie duty remembred unto your worships, I pray for your good health and prosperity. These are certifying your worship for the goocts I have received frem you. 1 have delivered unto Mr. John Raymon 761b and 4 ounses of beaver, 10 otters, 6 musquashes and on mar- tin n)ore, that Captain Neale had 3581b and li ounses of beaver and otter, 17 martins, on biuck fo.^ skin, on other fox sxin, 3 racoon skins, 14 mus* quashes two of them with stones. Mr. Raymon's present departing and the intermixing of all the trade goods in my care until Mr. Vaughancom I cannot give you any satisfaction for the account of trade. I did advise Mr. Raymon to returne with all specde unto you. Your letters 1 received the 7th of June, i^ t lai g I will write if God wil by the next. Thus tak- ing my leave I comit your worship to Almighty God. Your worship's at command, From Newichwanicke AMBROSE GIBBINS, thi-^ 24th of June 1633. im >^|>.]piiNpIX, No. V^ Copy of another, from Gibbina to the comjiany. Newichwanickc, July IS, 1633. RIGHT honourajjl^, right vjforsljippful and the rest, my humble servw rembired. Your letter dated the 5th of December and Mr. Ares letter the third of April I received the seventh of June. The detaining of the former letter hath put you to a great charge in the plantation. For my care and paines I have not thought it much although I have had very Jiitle encouradgement from you and here. I do not doubt of your good will unto rnee. For your fishing, you complain of Mr. Gibbes ; A Lon- doner ia not for fishing, neither is there any amity betwixt the West cun- irimen ai>d 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 (Giod wil) to be at their fishing place the beginning of February and not to come to the land when other men have half their viage. Mr. Warierton hath the charge of the house at Pascatawa and hath .?9f|th him William Cooper, Rufe Gee, Roger Knight, and his wife, Wil- iiatn Permit and on boy. For yovu- house at Nevvichwanicke, I seeing i^kt. necessity will doe the best I can there and elsewhere for you until I ikQ'Av from you againe. Advise I have sent but not knowing your intentes I cannot wel enlarge but I refer you to Mr. Herbert and Mr. Vaughan. Foi* my settlement at Sanders-Point and the further good you intend mc I kumbly thank you I shall do the best I can to be grateful. I have taken into my handes all ^be trade goods that remains of John Raymon's and l^lv. Vaiighan's and will with what convenience I may put them of. You SQm/dain of yaur ruiinrnca ; you take the coorse to have little ; a planta- iiqn nius: be furnished 'Mth cattle and good hir'd hands, and necessaries for i/kem ami not thinke the great lookes (f men and many tvords mil be a meanes iii raise fi /ilantaiion. Those that have been here this three year som of ♦.hem have neither meat, money nor cloathes, a gieat disparagement. I tihail not ne^d to speak of this, you shall hear of it by others. For myself, afiy wife wd child and four men we have but half a barrel of corne ; beefc and porke I have not had but on peese this tiuee months, nor beare this Sour months ; for I have for tvifo and twenty months had but two barrels of l^eare and two barrels and four booshel ol' r.ialt, our nuuvber commonly s\ath bin ten. I nor the servantes have neither money nor clothes, 1 liave ibin as sparing as I could, but it will not doe. These four men with mc is Charles Knell, Thomas Clarke, Steven Kidder, and Thomas Crockitt, ,il>ree of them is to have lor their wages until the first of March four pounds i^sir p.eif^e and the other for the yeaie six pounds which in your behalf I .^^Y/e promised ^p satisfy in money or bercr at ten shillings per pound. If .jljere werie nece^sarys for them for clothing there would not bee much ,^u- them \o receavc. You nsay perhaps think that fewer men would serve jne but I have sometimes on C ijcne hiaidrcd] or more Indians and far |ion,i neybors : These that 1 have I can set to pale in ground for corne ,^nd ga^:den. J have digged a wel within the palizado, where is good TV^t^r, I havjc that to close with timber. More men I could havf, and more .f.mplof, but i rest thus until I heare from you. The vvii.< thai were plant- id will com to liltlcy they prosper not in the ground they were set, tbem ihm groo natural are vcri good of divers sorts. . I have sent you a note of :hfi b^iikv.er taken hy me at Newichwanickc, and how it hath gon from ine. lieorge Vaughan hfUh a note of all the trade goodes in my custqdy of |he '>ld stojy John Ramon's and George Vaugban's accomtes, but the beaver beinge disposed of before I could make ihe divident I cannot see but it must be all onpackt and be divided by you. The governor departed from the plantation the fifteenth of July in the morning. So for this time I end, committing you to the protection of the Almighty and ever rest your loving servant. AMBROSE GIBBINS. No. VI. Cop.y of a Iciter jr^m Keal and IViggen rein ting to a division oj tht-ldfUls at Pascataqua^ 1633. Much honoured, IN obedience to your commands have survaied the river from the mouth of the harbor to Squamscutt falls, liqu^se from the harbor's mouth by the sea side to the Massachusetts bounds, and find that the bounds of your patterns will not aford more than for two tovirns in the riv- er of Pascataway and the remainder vill make another good towne having much salt marsh in it. And because you would have foure townes named as you desired wee have treated with a gentleman who has purchased a trackt of land of the Indyans at Sciuamsciitt falls, and your land running up to the said falls on one side of the river from the tails about a mile downward, said gentlemen having a mind to said land on your side to a certain crike and one mile bacward from the river which we agreed on and the crike is called Weelewright's, the gentleman's name being Weele- ■wright and he was to name said plantation (when settled) Exeter. And the other two towns in the river, the one A''or(h-ham and Portsmouth the other. Bounded as followeth, viz. Portsmouth runes from the harbor's mouth by the sea side to the entrance of a little river bnween two bed lands which we liave given the names of the Little Bore's-hed, and the Grete Boie*s-hed, and from the mouth of that little river to go on a strait line to the aforesaid creeke which we have named Weelewrighs creeke and from tliens down the river to the harbor's mouth where it began. And North-ham is the bounds of all the land of Hilton's Point side. And the other land from the little river between the two Boores-Heds to run by the sea till it meets with the line between the Massachusetts and you, and :io to run from the sea by said Massathusetts line into the woods eight miles and from thence atwart the woods to meete with Poitsmouth line neere Wheletight's creeke and that tracte of land to be called Hamfiton. So that their is foure towns named as you desired but Exeter is not within the bounds of your pattents. But the grete dificulty is the agreement about the dividing line betv/een the pattent of the twenty thousand acres belonging to the company of Laconyah and the pattent of Bluddy poynt the river running so intrycate, and Bluddy poynt patent bounds from thence to Squamscutt falls to run three miles into the woods from the water side. But for your better understanding thereof v;ee have sent you a draft of it according to our best skill of what v.'c know of it at present, and have ;!rawn a dividing line between the two patients, so that Portsmouth is part of both pattents and Hampton we apprehend will be holly in the twenty thoiisaiu! acres pattent, and North-ham i"i the bounds of Hilton's point pat- tent. If what wee have don be to your likinge wee shall think our time «vp11 spent ard Nvbat further comniands yon w"!! please to lay on us wc 296 APPENDIX^. shall readily obeye to the utmost of our power. Wee humbly take leve ?ind subsci-ibe ourselves, Your devoted and most hvimbie servants, North-ham on Pascataway river, in ^ WALTER NELE, New-England, 13 August, 1633. 3 THOMAS VVIGCilN. • Superscribed, To John Mason Escj. governor of Portsnoiiui to be com« municated to the pattentes of Laconicih and Hilton's point, humbly present in London. Wee under wiiircn being of the government of the province of Maine doe affirm that the above letter written and sent by Waller Nelc and Thomas Wiggin and directed to John Mason Esq. governor of Ports- mouth to be conununicued to the puttentes of Ltconiah and Hilton's point, is a irewcopia compared with the original!. And further wee doe affirme that there wasfoure grcte gunes brought to Pascatqua which ware given by a merchant of London for tlie defence of the river, and at the same time the Earle of Warwicke, Sr Fcrdenando Gorges, Capt. John Mason and the rest of tb.e pattci tees sent an ordel* to Capt. Walter Nele and Captn. Thomas W'it; r:,en tber agents and governor at Pascataway to make choise of the most convenient piace in the said river to make a for- tefecatyon for the defence thereof and to mount those foure gunes giveea to the place, which accordingly was done by Capt. Walter Neie and Capt,. Thomas Wiggin and the pattentes servants, and a draft was sent of ihe place that they had made choice of to the said earle and company, and the draft did containe ah the necke of land in the north este side of the grete island that makes the grete harbor, and they gave it the name of i'ort-poynt, and allDtted it so far backe into the island about a bow-shoat to a grete high rocke whereon was intended in time to set the principall forte. That the above Is all truth wee affirme, and by the desire of Copt. WaU ter Nele and Capt. Thos. Wiggen wee have ordered this wrighting to ly in our files of records of their doings therein. In witness whereof wee have hereunto sett our hands and seles at Gorgeana, in the province of Maine, in Ne»v-Engiand, 20th August 1633, RICH. VINES, (Seal.) HENRY JOCELYN, (Seal.) No. VII. ^n original letter from Sir F. Gorges and Capt, Mason to Messrs^ Wan- nerton and Gibbins. Mr. Wannerton and Mr. Gibbons, TfJiiSE are to let you know that wee with the consent of the rest of our partners have made a division of all our land lying on the north easi side of ihe harbor, and river of Pascataway ; of the quantities of which lands and bounds agreed upon for every maii's part we send you a coppie of the draft, desiring your furtherance with the advice of Capt. No; ton and Mr. Godfrey to set out the lynes of division bet^\ixtoiir lantl-i: and the lands of our partners next adjoining, beciiuse we have not onlie each of u» shipped people present to plant upon owr ownc landcs at our owne chrirpe, but have given direction to invite and authoiitic to reccivt- such others as may be had to be tcnmits^ to plant and live there iur the more speeiiie peopling of the countrie. And whereas there is belonging unto me Sir Fcrdinando Gorges, and unto Capt. Mason for himself and for Mr. John Cotton and his deceased brother Mr. William Cotton, bi-lh whose interests Capt Mason hath bought, the one hulfe of all mu-Lcrs mc . APPENDIX. 297 's^pnti^ i" the inventorie of hoiishold stufie and impleitients left in tiiist with you by Capt. Neale, whereunto you h:>.ye subscribed your names and whereof a coppie is herewith sent, we desiir you to cavise an e ii.'l divi- sion as neere as possibile may to be made of all the s.iied matters menconed iii the invcntoiie inkinde, or if some of them caniiot be so divided t; <.?, ihe uu halfe to be m.Ade equall to the otlier in valewof all the saied ir-a't^i s, cx- t:epi the cattell and suites of apparell and such other things as belong per- ticuiaily to Cspt. Mason, and to dehverthc said one halfe of a!! the saic:d matters soe to be divided, ur.to Mr. Henry Jocelyn for the use of our pian- lattons, taking an inventory thereof under his hand of all you lihaii soe de? liver hime, and makings certificate to us thereof. And for yo'.a- roe r oeing this sliall be your sufliticnt warrant and dischar.^c. And so wee '.est, Your verie lovinge friends, PortsmouWi, Maye 5, FERDIN. GORGE, i6Si. JOHN MASON. No. VIII. jiii original letter from Cafit, Mason to Gibbins. Mr. Gibbins, 'HESE people and provisions which I have now sent with Mr. Joce- lyne are to sett upp two mills upon my own division of Irindes idit-;y agreed upon betwixt our adventurers ; but I thinke not any of them vviii adventure this yeare to the pitUitation besides Sr Ferdinuiiuo Gv ; t^c ; and •.rkyself, for which I am sorrye in liuU so good a busines (albeit hithex'to it liath bene unprofitable) should be; subject to fall to the ground. Therefore I have strayned myselle to doe this at this present, and could have wished that tnc rest would have joyned to have .sent you some provisions for trade and 'support of the place, but that faiieing I iiuve direc'ed to you as a token from myselfe one hogshead of mault to r.uike you some be.,re. The servants with you and such others as rem-.iine upon the companies chardge are to be discharged and payed their wages out of the ? oci;e of beaver in yop.v hands c-.t the rate of i2s. the pound, whereof 1 tiu.nke the company will write you more at large. And wee h;.ve agreed to devide all our movables mentioned in t!ie inventory that Cupt. Nei-'e brought home, which were left in trust with you taid Mr. Wannerton. i bought Mr. Cot- ton's and his brother's pane of all their adventases ; so r'. t the haife of ,uil belonges to Sr Ferdinando Gorges and mj selfe, and of that haife three ciuarters will be dcwe to me and one quarter to Sr r er-ii .uido. These things being equally divided they are to be delivered to Mr. .Toceiine, my three partes of the halfe, and the other fourth to whom Sr Ferdinando shall appointe. And you must afford my people some house roome in ^ewichewannocke house, and the cowes and goafcs which are all mine, and i-l swine with their increase, some ground to be uppon till wee have Dome phice provided upon my new divided land, or that yau receive my. f\n*lher order. A copie of the division of the landes is herewith sent unto yoi". The stockinges and the mault and the suites of cloathes, and suggar nd raysiiiges and wine that v/as deliveied by Mr. Bright and Mr.Le.ve.il have not received any satisfaction for, wherein I must crave jour he pe and such satisfaction as may be sent by this shipp. The christall sloa.ics ijcu sent are of little or no valenv unless they tv, re «v» r^rfat !■;': -n^rtf.-- drivkinic at/ifiei "r ^^t"' nf^rr vtrkes^ €« fnllers for Jairc, Go f98 APPENDIX. tookeinge "tfhssts or /or garnishing^ of' rich calinrtn. Good iron Cr !ciid oatv I should like better of if it could be found. 1 have disbursed a threat dealc ot" money in your plantation and never I'eceived one penny, but hope if (here ivcre once a disc.-cerie cf the iaktu that I should in some reasonable time be reimbursed ugcAt!. 1 pray you helpe the mr what you can to son'.e of the best iron sto'.uic fo. ballafjt, and in case he want other la'.ieinr;e to fill the shipp vipp wiih btockes oi cy' press wood and cedar. Let me hear from you of all matters necessary and wherein I maye doe you any pleasure I sliall be icddie, and hO with rs\y heartic coiiunendations, 1 rest your verie lovcino; friend, Portsmouth, Mav 5th. i654. JOHN MASON. (Received lOth July, 1634.) No. IX. v'i/iiji'jer to the forc^-oi7ig. ''^L/'OUR worship liavt^ done well in settin;^ forvvartl your plantacon, and X for your millcs tiiey wiil prove beneficial unto you bv God's .is-isi* ance. I wouia you bad taken this coorsc sooner, for tbenierchui.ts I shall be very cautyousc how I deale with any of them vhiic i hve. j:ut God's wilj be done. 1 and the v.'orld doth juili'e that I could '.lOi. in t; esc my dayes have spent ray time for nocthinge. i'cr their sending;; trade Mid support I desire it not. I have supported but no^v sonkc uncicr my i/ur- then, the more I thinUe on this, the more is my griefe. I have received tlie hogsd. of mault that you sent ir.e, giveinj^- you Immble thar.ks for the same. The serv^nls tiiat were with me iue cils- charsi^ed and payd their v/ages for tliC yeare past and i have deiivcied i:n- to Ml'. Vrannerton 43lb. o! bea\er to pay thobC that were with h.ini for the year past. For t'uc paying; of tiie servarils tijcte old wav:,cs or the dividing of the i^oods I expect a general lelLer, if not then to hcarc further from your worsUippc. Your carjjeulcrs aic Nviti) me and i will further them the be^it 1 Ciiii. Capt. Ncaie apprjynted me two of your goals to keepc, at his dopurtiuRe, I praise God they are 4. Of tiic tjoods that Mr. Jirigl.t. left i onely lecd. of Capt. Ncale 4 busIiclJs of mault and at several times 8 eailons of sucke, and froai Mr. Wannerton T bushells aid 1 peck of mault, 5 ib. and halfe of sugar and 3 pr. of childi-en stockins^s and 97 lb of beefe whicf. was of an old cow that Mr. Wc.niierton kiiicd, beintj,- doubt- full that she would not live over the winter, i'ur tlidse I wiii pay Mr. Joce'iin for you- J Jitrceiof xjoii have a great viijrd to the lakc^^ and I as grea' n rji/' to assist you. If I had 2 horses and 3 v-wn leitli me I 'mould by God'a i^cijie scon r^.iGlve you of the situation of i:^ but not to live there r.iysclfe. The Pide-Cow arrived the 8th Julie, the r5lh day she casU-.nciio:' some haife a mile t^^f^m the tails, the 18th day the shippe unladen, the I9ih fell downe the river, the 22d day the carpenters bei^an abor.l the mill, tl;e 5lh of Auj^ust the iron .'•:ioanc taken in the shippe. Tl.ere is of 3 horts, on sort that the rnyna doth cast fourth as the tree dotli s^um, whicii is sent ii^ a rundit. On of the other sortes we take to in; very rich, there is j;rcat sto e Oi it. For tne other I know not ; but may it please you to lake no- tice of the waight i.nd measure rf every sort, btuore it gootb. into the fui- nace and what tiie stone of sue. weight and n-e.isure uili yeeid in iron. Tlws that 'e take to bethc best stone Is one nuie to tlie suuih'\ard ol the APPENDIX^ 200 ^^:eat house*, it is some 200 rodd in length 6 foote wide, the depth we Jinow not> fur want of tools for that purpose we tooke onely the surface of the mine. I h.u'e puled in a piece of ground and planted it. If it please God to send us a ciiie lime I hope there will be 3 or 10 quarters of come. You have heare at the j^reat house 9 cowes, 1 bull, 4. calves of the last yeare and 9 of this yeaie ; they prove very well, f.irre better than ever was ex- pected, they are as good as your ordinary cattel in England, and the goats prove some of them very well both for milk and breed. If you did send u shippe for the Western Islands of six >-core tunne or thereabouts for cowes and goiues it would be iM-ofitable for you. A stocke of iron woi"ke to be put away with your boardcs from the mill will be good, nayles, spikes, lockes, hinges, iron works for boats and pinaces, twine canvis^ need.es. ..nd cordage, pitch and tarre, grapies, ankers, and necessarys for that pui pcsc. Sr, 1 iidvc written unto Mr. John Round to repair unto your worship ; he is u silver smith by his trude but hath spent much time and means a- bout iron, may it please you to send for him, he dwelleth in Mogul street^ if you are ac^uaiuted with any finer or mettle man enquire of him and as you see cause send for him, he is well scene in all mineralls ; if you deale with'him he will give vou a good light for your proceedings. The 6th of August, the shippe ready to set saylc for Sacotoload cloave bords and pipe staves. A good husband with hih, wife to tend the cattle and to make butter and clieese will be profitable, for maides they ar« soone gone in this country. For the rest I hope Mr. Jocelyn for your own particulars wiil scaisiye you for I have not power to examen it. Tlii* •-virh my humble service to your worship, 1 rest, Ne^vichawanock, Your ever loving servant, the Cih of August, 1634. AMBROSE GIBBINS. No. X. An orii^lnal letter froin G. Vaughan to Mr. Gibbins. Mr. Gibbcns, Boston, Aug. 20, 16S4. 7"E only wait for a faire wind. I shall acquaint Mr. Mason and the rest (;f the 0\vners fully of what you and I have formerly discoursti and if they give rnee incouradgment hope shall see you againe the next yeare. Lookeing over my papers found the inclosed, it being the divisy- on of the tov/nes, and the copia of what Capt.Nele and Capt. Wiggens wroat hoonic to the pattentes of Laconiah and Hilton's Point. It may be of som u^c to you hereafter, therefore sent it you, Icste Capt. Wiggens should Tiiah" another blusitr. Which with my kind love to you and your spou^t: an.i little Bo:!:, I am your assured friend, GEORGE VAUGHAN. No. XI. Aiiothcr from the same. l.nv'\n,a\e me no incouradgment f.'r New-England. I acquainted \h^xf\ ' The peat house stood oppositf to the house of Mr. Temple Kn^l>t 300 AtrzNmy^. Fully of whatyoii and I discoursed, but ihey were quite could in that mali* ter, Mr. Mason beini,^ ded and Sr Fferdinando mindiwg only his one diviiy- on. rle teles nie he is geting a pattenie for itT^om the king from Pasccft- aqua to Sagadehocke, and that beiwene Mereniacke and Piscateiqua he left for Mr. Ma;un, rj/ic if liee had lived would a tnoke a pattent for that also, and so i suppose the affaiis of Laccnia is ded also. 1 intend to goo for the Ebte Indyesj a frend of inine ha\ e made mee a verj good protter and I thinke to take up with it. Which is what offers at present. Thus •ivith my kind iove to you and your wife and daughter, I am vour loving friend, GEORGE VAUGHAN. J\r. B. 77;e ten preceding papers are in the recordcr^n office for Hock' irigham county, XII. Copy of a report of a Committee of Reference on the petition of Rcb.Ma- {.O'l^ Edward Godfrey, and othcru to the king, (in 1661.) To the Kinges most excellent Majestic, ACCORDING to your majesties leference upon the petition of Rob- ert Mason, Edward Godfrey, and others, hereunto annexed, bearing Ci\--^(: Lit Whitehall the vcventeenth of November 1G60, wee have heard the c'.-.imes and complaints of the pcticoncrf;, and also suuiinoned by pro- ~cess publicquely executed att the exchange on the 2 Ist day of January lasl agu'.nat ail persons interested in that husincs.'-, but none appeared but Capt. Jno. Leverett, who acimowledged that formerly heewas commissionated|as v.n agent of the corporiicon of Boston in New-England, but that i;ow he l)ad Uf.'C ciiithorily to appear or act on their behalf. Upon producing of divers letters pattents and examinacon of witnesses, v.ee (inde. That Capt. Jno. Mason, grandfather to Robert IMason one ol" the peiiconers, and Edward Godfrey another of the peilconers, by virtue ui f,everal letters pattents under ihe great scale of England granted unto iheiii t.nd others })y your maje>ties late royal father, by tlicniselvcs and their a^signes have been in actual and quiei pdbscsslon of several tracts, pavscUs I'.nd di isions of land in New-EnL;!arid, as in and by the said let- ters patents is particularly expressed, and that the said C-o.^A. Jno. r^iasc .-,.id the said Edward ''ioclfrey/iid expend and lay out consideri'ble sumS:*.;' :i-ic;riey in settling plantacons and collon\s there ; That the said Edwrif; tuxlfiey has lived tiieie for five and twenty yeares, having underi'crie f.i.fi li'-scharged the office of governor of the province of INlayne with nuicli '<-,iutacon of integrity and justice, endeavouring the regulaccn end gov- ■ ivucnt of those panes where he lives according lu the knov.r, and t-c'>- :fi lawes of this kin^^dome That nutwithstandin.;, tl-.fc said Edward Gcd- ■•.-y has not only been turned out of his said place of governor, butt has iieei) vuterly outed and dispossessed of his lands and estate in that conn- l; V. which the inhabitants of the Massuchusetts have forcibly seized and i-iiil doe detayne the same from him ; Tluit it ai)pears as well by testi- ii.,::.v of wimesses as by a coppy of the letters pattents that, they were not ;.) ac! any thiny; repugnant to the iuwcs of England, nor to extend their !r;un:is and limits of the siud corporac(;n farther tlK\n three miles north- \v :.:•,[ of Merryinacke river, and as a memoiial and evidence theteof, the ■ '.emor of the Massachnsells did sett up ai» hov.se about thirty yeares ■ l:Icu 13 called //k- h-iu:.'d kov-nc, and iS V.tHr.vne by that na;i>e to tiilS APPENDIX. 601 iay, and with this division and assignment or lott of land the inhabitants and putientees of the said corporttcon of the Massachusetts rested content for the spitce of sixteen ye.nb together, until about the year 1652 they did enlarge and stretch their line about threescore miles beyond their Known and settled bounds afoseaid ; and have thereby not only invaded and in- croached upon the planiacons and mheritances of the petitioners and other youi majesties subjects, but by menaces and armed forces coinpeiied them to submitt to their usurped and arbitrary government which they have declared to be independent of this your majesties crowne of England, and not subordinate thereunto. It appfiars further by the witnesses that the colony of Massachusetts has for these many years past endeavoured to modell and contrive themselves inlo a free state or com men wealth without any relacon to the crowne of England; assuming on t!;euiselves the name and stile of a commonwealth, issuing of writs in their owne name, imposing of oathes to be true unto themselves contrary to that of allegi nee. coyning of money with their owne stamps Gorges, knt was enieofied by the aforesaid counceil ot New-Eng- I?.rid in other lands by the name oi Laconia by their deed beareing date the 27ih -y of Noveniber 1629, the said lands iyeing and bordering upon the grea. lakes ana rivers cf the Iroquois and other natio*. ■■, adjoining. All ■whic' Si'id lands to be held as fuiiy, freely, in as large, ample and bene- ficivii iiij.ViVitr ^ nd forme \-^ a!i inicnls and purposes whatsoever as tlie said coiinoeii of No.w-Engk-.n;;i f-.y virtue of his U!ajest)'s said letters patents jn gii: or ought to hold and enjoy the s;vme, us by tl^e said several grants aVM eares. VV hereupon j'our peud<.ner'.s said grandfitlier did expend upwards of twenty two thousand f/ounds in tran'poning people, buih'.ing houses, forts, and magazines, furnishing them with great store of amies of all boits, Avith artillery great and smtrll, for defence and protccilon of his'^-rvants ar.d tenants, Avith all other necessary commodities and mateiiaHi fo'r er.tabr iii^iiij ;'. settled pldivcion. 5'hu'. hi ihe year i62S, in the fourth yearc of the reigne of your majes- ty's royal father, some pcv'ii.ins did surrci-tiuf nsly and unktio-v-n fo the taid cozi??rr/^, get the seale of the said counceli tiili:;ed to a grant of certaine lands, whereof the greatest part were soiemi/iy past unto your petitioner's grandfather and others long before, and soonc after did the same persons by liieir diidi/l prncii.ses- i!;er. a confirmation of the said i ri^nt under the great scale of England, as a corpcrahon by the name oi' TME CORPO- RATION OF THE MASSACHUSEFTS BAY IN NEW-LKG- LAND, your majrsti/s royal Jather fxiiig umvrUing thcrecfy and having thus by fraud obteyned 'a grant and confirmation, they compelled the vightfull inhahuants to desert their plantations, and by many oiitragi(ji:s scions they became possessed of llrat part of the country, declai'eing thcniselves to be a free [leop'e, frameing to themselves new lawes, with ne.v methods in religion absokitely contrary to the lanes and customcs of this youv majesty's realme of England, punishing diverse tliat would iwt approve thereof, some by whipping, others I)y bti; ning their hou':es, and some bv ban'.shmg, and 'he like. At last the compjuints of the oppressed s'.:i-)jccts reaching the cares of vour royal father, h.is magcs'y caused tlte v hole nuutei' to bc.cxandned hefuve his most f.onourahic privy counceil and all being Unly pio\cd, his mf<(jc*t!ty did ccni'smr.nd t!iC connccU of New-England to give -an acct/n^j \^j v»hat authoiiiy, or by whoso procurement those people of the Massa- ciuisctts B iy were i:,cut over, his nKijehty concicving the Scid counceli to be ;.'uii;y iheieol. h\v. the Mif' coance'l of New-riielund made it phinley tr ;jpne,c'te to .bis majesty a>.t they weiv i norant ot the vvho'.e m.^.t::v-r and th.it t'ley had 5100 share in the evills coinmiued and whoily discldiined the Scin:e. iind the Said conteii iinding they had not sufficient means to t^ire redress ;ind reciify what Nvas bro't lo niine, ihey hunibly relcrred to his mf^jesty to d''c therein as be pieasctl aiid thereupon the suid couiiceil of New-Eng- ii;land resolved to resign, and did actually resigne the great cn-arter of New-England into his majesty's royal handes, seeing there was an abso- iute nccesbiiy for his majesty to take the management of that country to himself, it being become a business of high consequence and only to be remedied by his savereiga power, all which appears by ii:e declaration of the counceli of New-England dated the 25tn of April, 1635, together with >he act of surrender of the great charter of New-England dated the 7th day of June, the same year. That iLnmedJateiy thereupon, his majesty in trinUy terme 1635, caused a quo warranto to be brought up by Sir John Banks his majesty's then attorney general ai;ain>t the governor, deputy governor and every of the assistants oftlie said corporation of Massachusetts in Ne\v-Engl-:.nd seve- rally, according to thvir names mentioned in the said patents of incorpo- ration, being twenty six pcraons, whereof two being dead, of the remayn- ing twenty four persons, the! e did fourte n at severa' times appeare at the king's bench bar and there di'-xiaimed the charter, the remaining tenn person.! were ouiiuv.ecl, and thereupon jiidgment given for the king, that tile iibcriies and franchises of the said cori)oration of Massachusetts Bay ;.hoald b:; seizudnr.o the kin .^*s hundes & the body of the governor to be taken into custody for usurping tiie said liberties, all which appears by the roles in the or '.vn clncc, of custos brevium for the king's bench of the proceed- ings in the severall terms from the yeare 1635 to 163". i'ijat thereupon his said royall majesty on the 3d day of May 1637, did order in counccil that the attorney genl. be reciuired to call for ihe said patent and present the same to the boaixl, and his majesty by his declara- tion of the 23d of July 1637, in the 13ih yeare of his rcigne declared his loyal pleasure for establishing a general! government in his territory of Ncw-E:igiand for the prevention of the evils that otherwise m.ight ensue for defaul; thereof, thereby deciaiing Sr Ferdinando Goi'gcs to be gover- nor gencri.il of the whole country and requiring all persons to give theire obedience accordingly. That the warrs ai.'d troubles imnjediately ensueingin Scotland and pres- ently aftei- here in Englant! did hinder his said majesty from settling thai country oi prosecutiir; the right which h.e intended his subjects, however the proceedings -.A ms niajesiy c used some le.straint to the further ^ioIcnces and oppressions oftne said MtissLiciiusctts, and they conteyned themselves lor a time within their pretended bounds but nos sooner was that king of blessed memory your royal father become a saciifice but they renewed ihcjrc iormer viu.euces l)y oppressing ali the other colonies and designe- ing by encouragement from some in luigland to erect themselves into a Gomm'-n wealth, and in order to lay a found.ition for this power and domin- jon which they now aspired unto they thought it necei-:sary to extend theire •fco-.iirfe and spi'crsd into u l.Tgci' terri*ory then us yet they hod usurped, and S04; APPENDlt. that this work might not be done without a inask or colof of right they d9» in an assembly held at BosKjn the 19tii ;>t Octobei i652, seriously peruse the o;rant (which had been procured as aforesd.) unci Jierein weighine; the words and trying what new sence tliey n)i<'htbecire iiiOie suteable to theire increttse of power, they tho't fit at length to declare thcii'selves mistaken in whai they hud done in the year IfiSl, when they erected bound-houses and had for soe many yeares confined themrelves thereunto, whereas now by the help of an imaginary line or rather by a new reason of state there is a sence imposed by them /•elves ufion ifufre onvn vjordes and thty stretch their rights to neer two hundred miles of land northward and as much i-.outhward mo e than they were satisfied withal before, swallowing up your majesty's petitioner as well as others whose piopeiiies were established iong before the said people had any being. And that they might give execu- tion to this righteous sentence they presently invade and by force ofarnii^ seize upon the province of jYeiv- Hampshire^ and other lands of right be- longing to your petitioner, besides what they did to others, compeLing the inhabitants to swear to be true to them and to cast off their iuwiul lords, and such as refused were either ruined, banished or imprisoned, and any appeales to England utterly denied unto them, then they proceed to coin- ing of money with their owne impress, raising the coine oi England, and acting in all matters in a most absolute snd arbitrary wny. And although your peiitioner by his agent Joseph iviason did demand redress ol he genera; court of Massachusetts setting at Boston in 1652,oriering to n^uke out the right and title of your petitioner lo the province of New-Han. p- shire and other lands against all persons whatsoever, yet noc restitution could be obtayned without a ^lubniission to their authority, and to hoid the lan'ls from them v.hich the petitioner then C\\A refuse and hath alwaies refused chusing rather to wait for more happy times wherein to expect Feliefe than by a legal! resignation of liis rights to those who had none at all divest himself of what his ancestors had purchased at soe deare a rate : Your yelitioner having as eaquall a right to the govermnent in the said province as he hath to the land itself, ai! which appears by a report made to your majesty the 15th of February 1661, when your petitioner first ex- posed to your majesty the oppre<-sions under which he had so long groan- ed, in the evil times, and which grieves him aov/ much more to beare while hee has the protection of soe just and gracious a soveraigne to re^ sort to. Wherefore your petitioner most humbly imploi'es your majesty to take notice, that (by a plaine discovery of what fraud in the beginnu)g and the length of troubled times has helped to conceale) the Bostoners have noe patent of incorporation at all, that yet they have undei- colour of right and authority from the crown devoured your petitioner and other proprietors whose titles are by your majesty's learned councell ailcwed as strong as the law can make them. That all vvaies have been tried and methods used to obteyn justice from the Bostoncrs, but ail have proved incffcctua.i, that your petitioner's losses have been soe many and great, and his sulTeiings soe conunued that he cannot any longer support the burthen of them. . And when your majes- ty will but consider how small the respect has been wherewith ihove pec-, pie have treated your majesty since your happy restauralion, and what daily breaches are by them made upon your majesty's acts of navigation. »vVii9h turncs so grestly to the detriment of this kingdom.c in genera^- Appendix. 305 these lostes and suffcriiv^s of a particular subject cannot much be ques*- tioned, soc that your peiidoncr humbiy hopes that your majesty will think it b''4ti time to stretch fonh youv royall hand of justice to assist your peti- tiojici\ that hee may have the quiet possession of his province, and re- paration macie him for the Jobses susteyned, in such ways and methods as the iniportaiiof. of the case requires, and your majesty in your royall wis" dome shall think most fitt. And your petitioner shall ever pray. ROB. MASON. [From, a cofaj.in tfie fiossession of the Masonian proprietors.'] XIV. A brief declaration of the right and claim of the governour and company of tiic Massachusetts Bay in Ncw-England, to the lands now in their possession, but pretended to by Gorge and Mr. Mason, together with an answer to their several pleas and complaints in their petitions exhibited : Humbly presented ancl submitted by the said t^overnour and company to the king's most excellent majesty, as their defence. IN the yeare of our Lord 1628, in the third yeare of his late majesty Ciiarles the first, of happy memory, several loyal and piously disposed gentlemen obtained of the j^teat council of New-England, a grant of a cer- tain tr?.ct of land lying in New-England, described and bounded as therein expressed ; which was in all respects fairly and openly procured and with so good an intent of propagating the gospel among the natives, ano to ad- vance the honoin- and dignity of his late majesty, of happy memory, that lliey V. eie bold to supplicate his said majesty to superadd his royal confir* mation thereto, which accordingly in an ample royal charter was passed and remains uiider the broad seal of England, March the 4th 1629, in the fourth year of his majesties reign, with further additions and enlarge- ments well becoming so royal a majesty^, and suitable for the encourage- ment of so hazardous and chargeable an adventure. In pursuance whereof many of the said patentees and other adventurers transported tiiemselves and estates and settled in the most known and accommodable parts of those lands contained in tbe said charter, neither time, estate, nor power sulFering them speedily to survey the just extent of their limits. Not many years diffvirent in time several others also of his majesty's subject* obtained other giants, and made several settlements in the more northern and easterne jjarts of the country, with whom for several years we had neighbourly correspondence, being as they supposed without the limits of our patent, amongst whom the present claimers and petitioners were. These grants partly by reason of the smallness of some of them, and partly by reason of durke involv'd and dubious expression of their limits, brought the inhabitants under many intanglements and dissatisfactions among themselves, 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«uccessless essay for the set"' llement of government among them proved of some continuance, unto the great dis(|uiet and distuibance of those his majesty's subjects that were peaceable and well disposed amongst them ; to remedy which in-* convenience they betook thembcives to tiie way of combinations for gov yfnmcnt, but by experience found it ineHeclual. In lids lime ignoranoe- '.'/rihe nniiherlY ramrfn'^- of Merrimack river hindied cm- uCtual claim and P V 306 APPENDI^t. extention of government} yet at length hein?!; more fully setded, iind ha^ iUi^ obtained fuither iicquaintancc and correspondency with the Indian' posticssing tlie uppermost parts of that rivi'c encouraging an adventure, as also frequent soUicUutions from the riost cnvi^fier..ble irihahi'arits of those eastern parts earnci>t!y dcL-irintj ns to inake^ircole of urid ascertain our in- terest, we imploycd the tnosl iip];;o\ed artisis that couiti be obuiinec!, who Ijpon their solemn oaths made leturns, Thot npon their ccviain obicrva- tion our northern jritent line ;lid extend so far nt-rth as to t: !.e in all tho'-e towns and places which, wc now possess ; which when the ivihiibitants as well as ouv selves v crc satisfied in (urged also wifh tlie necessity of gov- ernment amongst 'iicm) they peaceably and voluritarily subniiited to the government of the Massachusetts, (viz,) Dover, Squauibcot and Ports- mouth imno 1641, Kitteiy, York and Wells anno 1652 and 1653, from which tiuics nniii the year 1662, whei! -there was a small interruption by a letter of Mr. Ger;4-c, and afictuardh ivi the year 1G65, (when his uiajes- tyes commissioners. Colonel Nichols and others ctin)e over) the inhabi- tants of those parts lived well satisfied and uninterrppied under the Mas- sachusetts government. iiut when the said commissioners neither re- f^ardin'^ the ?tIassachuHctls just np;ht nor t!ie c!ain;s of h]v. Ciorf^e c;* Mr. Mason, seiiletl anew forme ol government there, but this hardly c-i.; lived their de;jurlure, the people impatient of innovations, and v>ell exi'c- rjCiced and suti^fie'l in their farmer settlemerit, quickly and quietly v(. turr.rd to order agam and s,y ct^niinue unto this irnie. This is in a lew woras the true state of the matter ; for the further ilhi^tri.tion vheicf-f ^nd justification of our ];rccecdini^s therein .,nd vindication ofour selv<'. from the. reproachful iiiumtation of usurrinp; authority over his m?.jcsiir.. subjects in the crfsterne pans pretended to, with other scandals cast upo;. us by ti!e petitioners, vrc iiumbly pjesent tiie followlnt^ plcis byway of dc- monstraiiijn, and ar^uc that our extension of ;j;ovc)nnjcnt to tliose castein parts d.-imcd h ai^ree.^ble to our indubitable patent rip;ht ; our patent ac- cording to the express icrme therein contained without any am.bip,uity or colour of other iuter[jrelation, lyes betivecn /ti-o ccr.'-t and rjfii paralcl lines dra'wnfrcm the mof.;vnot be bounded by m.any hundreds or infinite numbers of lines, a* the river of Mcni.iiaciv maketh bends or angles in t\vo hundred jvdles passage from \V'ini[)csioke lake to the mouth thereof, which to inuigine, as it is irrational so v/ould it involve us and any borderer into so many iiiexti i- cat)le disjivites as are by no wayes to be admitted by a prince seeking his subjects peace. I'csides weie such a consiruclion allowab!^. (which with Uttermost streining. is) yet all favourable interpre'.ution is to be Oilered tiie patentees by the griicious expression of the charter. Now accoidii^.g to the afore mentioned observaiion (so confirmc") all those eastern I'lania- tions challenged by cur opponents (ut su[>ia) are com p'rchended within our northerly line. We deny not but the artiils of their selves, and if any question thence arise we leare not to submit to tryal to the most exact and rigorous test that ujay be. The invincible streni:ih of tliis our first pica may further appear by the conside ration ol' the fiivolons and in^ic^ni- ficant ailcgations of the petitioners in opposition th.crcunto, viz. ist. The APPENDIX. SOY tionexieniioji of oui" line or af'^cnion of our right to those eastern purts tor some years, ii^norancc as our c .se was circumbtancect at'burrin^, no man of his just rijjht, neither can it reasonably be supposed that tiie exnct survey oi so large h t^iant in so hedious a wilderness possessed by as tr.c- my would be the worke of a few yeares, our own poverty not affording means, and our weakness (aliowir,;^ no deep adventure into ti'.c country) pevmiitin$; us not to view the favour.tbIe running of the river, ^vnich none ean iaiagine ullered its '^ourse by our delay ; we may as well be deprived of iar more tlum we ,)os^se=.s or ever ^.iw on our westei""! p.-rts to xbe south sea (which nmie will deny) because we have not surveyed it or tre yoon Hks to be able, as betaken from our northern right so obvious to rtic meanest artist. 2diy. The Possession-house in Hampton of so little si;j;nific. tion and so iong s'uv.a disused, tiiut Mr. Mason ^i tu ;'"i. r ■':'t the nanx thevcof and eal.eih it ijound-house, erected to give the wortd to know th.at we c' inied considerably l.) t!ie noitnward of olt Iirh iii;.i;atic ;.s uja-" the bay, though we did not knovv the utiertnost extent of our right, our fathers not Icing so i,:,i;orai!'. of the law o! t'le realme to which mey did appertain us to suppose the taking possession of part did debar them of the resnainder but the contrary ; and we cuaiieni much of it dv-a east and not to the north, b'lt Vij fear malevolently 3Ui-;jest;;d (as many other things as of little creciit) to introduce into his majestie his royal breast a beiiefe that we are un- reasonable in our pretentions, und so unst-orthy of his majesties favour, which wc hope such unlawful eivdeavours will never be so prospen- . as to obtain. What may bs fur'.hor added to this our first plea, may l.e sup- plisjd fiom the reasons former. y presented. We u: ge secondly, The in- validity of those grants pretended to by the peritioners, which are' of two sorts ; 1st. Such as bears date after ours, which we sec' no reason to fearc any interruption from. Secondly, Such, as are pretender to beare date before ours, agaiust which we object that they are not amhenlick, wanting a suTioient number of grantors to make them so, none of them as we presuuis will app^iare upon tryai having above six hands and seals annexed to tliem, the said council of New-Engiand consisting of forty, ■tiud his majeViys grant to thein expressly requiring (as we are informed) se.en at the least to signe to make any valid act ; and indeed Mr. Ma- son's ovn ofieu unwearied renewal of his grants in i621, sixteen hundred twenty t.v), sixteen hundred tweu'y nine and 1635, (as he saith) taci.iy confiiiseth tiie same invalidity, in the former putting him to ch ags lor the latter, till at last he fell inlo such a trade of obtaining grants that his last and most ca;isiderable was si:-; years afce'r the grants of our charter i'-v a his majesty, ai:d biit three dayes before the said council'* decJar is from t!v ■ nd council's circumstanced under a necessity of resign:.ticr; of their g" ^i charter, procured nuhcr by the clamour of such ill aficcted persons as \hc present complaint than by any true accompt of disseltlc- ment or ill management here, is not difficult to judge. Hence it ap- pears, first, how little reason Mr. Mason hath to brand us with fraud or aurreptitiousness in obtaining; our charter ; which halh most shew of fraud and surreptitious procuration, a sulBcieiit number of those honb'e persons subscribing ours and fewer his pretended ontidated grants, is easie to determine. In which assertion is to be observed the high refieciion cast upon the members of his late majesty and ministers of state, ground- lessly rendering the counsel's seal, yea the great seal of Ens. land, expo.sed to fraud and deceitful clandestine practices ; } ca upon his present majes- ty, insinuating himselfe better acquainted with matters of. state then he who allows and confirmes our grunt as authentlck by his gracious letter of sixteen hundred sixty t>vo, which intolerable boldness how unbecoming (not to say more) in a subject, it is not easie for us to say. To all which we may add Sr Ferdinando Gorges application to the authority here to in- terpose in his affair, which he, beinp: one of the great council, would have been far from acknowledging, had Mr. Mason's allegations been founded upon truth. Secondly, That articles of charge depending upon such illegal and post dated grants cannot take place against us weie their disbuiae as great as it is affirmed, which by eye witnesses upon the place and stiil living are proved comparitively very inconsiderable. 3dly. We affirme that the whole management of the affiiir respecting our government of those eastern parts was in an orderly and peace;;ble way, and not without the reiterated and earnest soilicitation of mo>>t of the people there inhabiting, sufficiently appearing by their several petitions ; and wc challenge Mr. Gorge and Mr. Ma^on by any living evidence or record to shew any signe of a forceable entrance : Some majistt ates upor. the clearing of our right to them and acceptance of the tender of them- selves to us, being sent thither without any other force than each of them a servant to attend them. Indeed some years after Capt. Boniton for mu- tinous carriage was seized and brought to justice ; concerning which antl rnany other cases m;iny inhabitants yet living and eye wittnesses can givii the most impartial evidences. 4'hly. We offer to consideration that the deserted and ungoveiuM stale of the people of those places had we not had that patent right so clearly evinced, might warrant our actions ; especially conridering the (;hli gallon Xipon us to secure jiis majesty's honour und maintain the pubiick peatCy so hazarded by the total want oi government; anicngst them. Our hrst ex- ercise of juri^diction being in tlie year lfi4!, ei.ght year alter C;.p. Nealc, ageiit for Mr. Mason, had whuly deserted the imi"rovement of lund and the government of the country, which inrlecd he never used but one year, ibr in the year 1630 he first came over, and in the year 1634 he ([uitted the phice ; and in the interim neglected iIjc san;e in making a voy..ge h r England, the short time of his tarriance not admitting; of settlcn:ent cf government or improvement. We may hcreu) subjoin that Mr. Joseph ■TVIuson. ;.,L^cnt for Mrs. Auu Mason, when l.vic :nu all things werefreh!> in meusQiy, msr'c.no dexTtav.d ,Cfnitr,uijij^ <(/> w.hai h iift^im.ed, but |)eiii.ipi)j:^ (mf jusiice atijamst liis debtors there and elsewhere, and that Sr Ferdinan- do Gorges his grant being so mean and uncertainly bounded that he knew not well how to find much less to improve to considerable advantage, by his letter bearing date • doth devolve the whole charge and caro of his pretended province upon the authority here eitablished. Lastly, That the exercise of jurisdiction in those eastern parts hath been and U his majesty's honour, the people's ^reat benefit, and our charge witl ou^ proht, which had it noi been, the ruine of those parts would have unavoid- ably ensued in the want of all government, and their ficizure by the French, Avho ever waited a fit opportunity for the same. They have part of them for thirty five years and others twenty yeares (some small interruption in- tervening producing ths stronger inclination and resolution in them to b(? constant to his majesties authority here) lived under the governrnent of the Massachusetts a quiet, we!( oi dered and thriving people. And as for any co!r.piaint Irom ill aflected persons, it is well known that the best and wisest government is not v. ithout disquiet from some such ; and no won- der if siiiy people are soon affected with such fair glozing promises as Mr. Mason hath made and published, as it were determining the case be- fore tryal by his late letters to the inhabitants in those parts, and that our government in those places have been no gain is so unquestionable a truth that never was any levy laid upon them for the supply of the publick tieas- ury, tho' much hath been and is further like to be expended tor their se- curity, wno otherwise will inevitably become an easie prey to the heathen now in hostility with us, and at this present time rageing in those parts. The before writen is a true copy transcribed from the records of the general court of the late colony of the Massachusetts Bay, held by the governour and com.pany of the said colony att Boston, the 6tfe cf September, 1676. Examd. per ISA. ADDINGTON, Secry^ No. XV. At the Court at Whitehall, July 30, I67f. (L. S.) Present the King's most excellent Majesty. Lord Chancellor, E- of Craven, Ld Treaiujt-r, Ld Bp of London, Ld Privy Seal, Ld Maynard, Duke of Ormond, Ld Berkley, Marquis of Worcester, Mr. Vice Chamberlaifii, Ld Chamberlaii}, Mr. Secy Coventiy,,. Earl ot Northa-iiptnn, Mr. Secy Williamson, Earl of Peterborough, Mr. Chancellor of the Exche* Earl of Stratford, quer, E. of Sunderiand, Master of the ordnance, E. of Bath, Mr. Speaker. '^ WJTliEREAS the right honourable the lords of the committee foif y V trade and plantations, ciid in pursuance of an order ot the iTth of February hist make report to the board, of the matters in controversy be- tween tlie corporation of the Massachusetts Bay in New-England, and Mr. Mason and Mr. Gorges tcucnini^, the right of soil and government^ clainied by the said parties in certain lands there, by virtue of several grants from his majesty's royal father and grandfather as fo^loweth^ rjv XhQ^c, ^vorrh•, urn APPENDIX* ^Tay it please your majesty, li'v-hig received your majesty's orc!rr in covmc 1; of the 7th of FebiHiur^r lasi f'^tst, whereby we are directed to etitcr into the examination of tho bonticls and limits which ilie corporation of the MasSi'cnuscttii ijay in N. E. on the one hand, and Mr. Mason and, Mr. Gorges on the other, do pre- tend by their several grants and patents lo have been assi,^ncd unto ihcni, as 'also to examine the patents and charters vvtiicu are insisted en by ei- ther side, in order to fintl out and settle how far the richts.oi soil and gov- lernmcnt do belong unto any of them In consideration whereof the lor:'.» chief justices ot your tnajciily'^ Courts of kirr^^'s bench and coniuion plc.'.s "were appointed to give u- their assistance, we did on the 5ih cf April last together with the s.Jd lords chif.f justices meet m obedience to your maj- e^lv's commands, and having- heard both parties by their council learned In the law, we did recommend unto their iord;d)ips to receive a state of the claims made by both puriieii, and to return their opinions upon the who'e matter unto lis, which their lordshipL h.ive accordingly perform.ed In the ^vords following : . In obedience to your lordships order wc appointed a day for the hcar^ jjig of ai parties, and considering the matters reiened, having received from them sucii papers of their cases as they were pleased to deliver ; at which time all parties appcriug, the respondents did disclaim tide to the binds claimed by tiiC pt;iitionerb, and it appeared to us that the si.jd lands are in tne ;^ossession of several oiiier persons not before us, whereupon we thought not fii: to examine uny ci.iims to the said landb, it bein;: (in ovi;- opinion) impioper to judge of any title of land wiihout hearing; of the icr- tenants or some other persons on their behcdf ; and if there be any course of justice upon the place hi^ving juiihdif.tion, we esteem it mos.t proper to direct the parties tu have recourse thither for the decision of any epic;- tion of property until it shall appear ihat there is just cause of couiplaint against the co'arts of justice thcie fov injustice or giievuncc. We did in the presence of said parties examine their several claims tQ ihe government, and the petitioners having waved the pretence of a grarti of government from the council of Plymouth, wherein they were convinc- ed by their c\yn council iha: no such power or j^'.l■i^d;ctr';n could be trans- ferred or assl;^;ied by any colour of law ; the ^jUcsti^n was reduc':d to tiie province of ^.lainc, whereto the petitioner ( lorges made !>is title by a giant f:om king Cnarlcs the first, in the loth year of his reign, made to hlv Fcrd. Gorges and his heirs of the province of Maine and t'le governmen- thercof. In answer to this ilic respoiidcntj? alledged that long before, ■viz. in quarto Caroii primi, the government was granted lo them, and pnj- tluced copiv^s of letters patents wherein it is recited that the council of Plymouth having granted to certain persoris a territory thus described, viz. '• all that part of New England in America whicli lies and cxtencU be- ** twcen a great ri*. er that is commonly calleil Monomack aliys Merrimack, '•' and a certain other river thei-c called Charles river, behig in t!ie bottom ^» of a certain bay there called the Massachusetts Bay, and also all and sin- "gular tlie laiuls and hcreditanjcr.ts whatsover lyiisg and bcingwiiliiii the '*• space of three English Uiiies oti the south part of the said Charles river, '^or any or eveiy part thereof ; and alio all and singular the lands and lic- 'M-cditam«'n;s whatsoever lying and being within the space of three Eng- fc'^lisii miiesiothe suiuherniost part uf the si.id (Tay called Massaclii.^cits ^iiay; and all tlusc lands and bc'editamenls whatsoever which [lie] v.iili- v. in the space of llircc Engli.->h iT'.i!ts to t'ic i-c'-LwaiU of the baid vhit APPENDIX. Jjt:. ''•vivcr called !^ronomaCk alias ?*jcn'iiriack, «r tlie northward of any arrt ^'cvcrv pait thereof; and all lands and here!c and against the interest of the grant. The words " of and in ail the breadth aioicbaid" siicw thst the breadth was not intend- ed an imaf',iiVAry line of breadth, laid upon the broadest part but the breadth rcspectin;'; the continuance of the boundaries by the nver as far as the rivers go, but when the known boundary of breadth determines it musv.be carried on by imaginary lines to the South sea. And if the province of Maine lies more nortiierly than three English miles fiorn the river Mer~ limacii, the patent of 4° Caroii Imi gives no 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 (o the pt)wer of government, tiiat the respondents, the Massachusetts Hud their successor^, by their patent of 4° martis 4°Caroli Imi have such right of government as i^ granted them by the same patent within the I^-oundaries of their lands expressed therein, according to such description and exposition as we have thereof made as aforesaid, and the petitioner Sir Ferdiiundo Gorges his heirs and assigns by the patent "d April, have such light of government as is granted them by the same patent within [l.h(f territ'iry'] called the province of Miiinc according lo the boundariei-; orthc sa'.'ne rxnrci^scd in the same patent. R-i. Rainsford, Fn\. Nerth All which being the opinion of the lords ciiief justices, and fully agrecr ing with what we have to report unto your majesty upon the whole mat- ter I'eferred unio us by the ssid order, we humbiy submit the detcrmina- tion thereof unto your majesty. Anglesey, Craven, J. Williamson, Ormond, H. London, Tho. Chickiey, Bath, G. Carteret, Edw. Seymour, Which having been read at the board the 18th instant, it Has then or- dered that the said Mr. Mason and Mr. Gorccs, as al&o that the agenih of the corpoiation of the Mabsachusetts Bay shf.uld he this day heard upcjn the said report, it they had any objections to make thereunto. In pursuance thereof all paities attending with tiieir council, Vv'ho not aliedging any thing so material as to prevail with his nuijcsty and the boaul to difier in judgment from the said report ; his majesty was thereupon pleased to approve of and confirm the same, and did order that all parties do ac- quiesce therein, and contribute what lies in them to the punctual and due performance of the said report, as there shall be occasion. JOHN NICHOLAS. JV. B. The aboxte fiafier ofivhich the copy U cttcntcd by JLdnvurd Rar.' ion secretary of Massachusetts^ and John Penhcdloiv clerk of the uiperior totirt of Keij-Hamfishire^ is in the files of the card sujicrior court^ and hi the jy^onian jiroprietary office. No. XVL Copy of that part of President Cutts's cotmvission in which the rlaim of Robert Mason is recited. 4^ 4 ^^ 'vhereas the inhabitants of said province cf New-Hampshire t\. have many of them been long in possession ot several quanti- ties of lands, and are said to have made considerable improvements tl.ere- iipon, having no other title for the same than what has been derived fiom the govern;iient of the Massachusetts Bay, in virtue of their imaginary Ihie ; W'hich title, as it hath by the opinion of cur judges in England been altogether set aside, so the age>nts from the said colony have concuently disowned any right either in the soil or government thereof, liom liie Hife'e mile line aforesaid ; and it appearing to us that the ancestors of K i>?rt Mason Esq. obtained grants from our great council of Ply)uoulh for the tract of land aforesaid, and were at very great expcr.cc upon the same until molested and finally driven out, which hath occasioned a last- ing complaint for justice by the said Robert Mason ever since our resto- ration. However to prevent in this case any unteasonable den.ands which might be made by the said Robert Mason for the right he claimeth in the said soil, we have obliged tlie said Robert Mason under his hand and seal that he wilj demand nothing for the time jiast until the 2Uh of June last past, nor rnolest any in their possessions for the time to come, but will make out titles to them and their heirs forever, provided they will pay to him upon a fair agreement in lieu of all otiicr rents sixpence in ilu- pound according to the just and true yearly value of all houses built by •iicm and of all_ lands, whether gardens, orchards, arable, or pasture, which ha\e been improved by then., which he will agree shuil be bounded cut unto •very of the parties concerned, and that tlie residue may veir.ain iinto him- S.^lf tpbc disposed of for his best adsantago,. " But if notwUfjstanding this overture from the said Robert Masoa vvh'cU seemeth to be fair unto us, any of the inhabitants of the said pro- vince of New-Hampshire bhall refuse to agree with the agents df said Robert Mabon upon the terms aforesaid, our will and pleasure is, that the president and council of New-Hampshire aforesaid for the time being shall have power and arc hereby impowered to interpose and reconcile all differences if they can that shall or may arise between the said Robert j?.lason and the said inhabitants, but if they cannot then we do hereby co?n' maud and require the said president and council to send into England such cases fuirely and impartially stated, together with their own opinions upon such cases, that we, our heirs and successors, by and with the ad- vice of our and their privy council may determine therein according to enuM.y." ,'V. JB. The same mit'ta^G mutandis is inserted in Cravfield's conimtssicn. No. xvn. To his most excellent majesty Charles the 2d, by the grace of God of England, Scotland, France and Ireland, king, defender of the faith, 8cc. The humble address atwl petition of the president and councill of his ma- jesty's province of New-Hampshire, in New-England, Humbly shcweth, TH \T it having pleased your most excellent majesty to separate us the inhabitants of this province from that shadow of your majesty's autliority and government under which wee had long found protection, especially in the late war with the barbarous natives, who (thro' divine protection) proved a heavy scourge to us, and had certainly been the ruin of these poor weake piantacons, (being few in number and otherwaies be- ing under great disadvantages) if our brethren and neighbours had not out of pity and compassion stretched forth their helping hand, and wiila their blood and treasure defended us, oxir lives, and estates ; nevertheless upon the receipt of your majesty's pleasure delivered by Edward Ran- dolph, esq. upon the first of January last, dueclins,' unto and commanding the erecting of a new government in and over these four townes the gov- ernment of the Massatusetts yielding readie obedience to your majesty's commands with reference to our relation formerly to them although deep- ly sensible of the disadvantages jikely to accrew to your majesty's pro- vinces and ourselves more especially, by the multiplying of small antt weake governments unfit either for offence or defence, (the union of these nei:^hbour collonnyca, having been more than a little instrumental in our preservation.) Wee have taken the oathes prescri'jed us by your majesty, and administered to your subjects of these four townes the oath of allegiance, and convened a general assembly for regulating the com-' mon affaires of the people and making of such laws as may be of more peculiar use to ourselves, having speciall regard to the acts for trade and naviiration sat forth in the booke of rates commonly printed and sold, and i/nome obstruction accationed by .i'uc/i a,jects are at quiet under the shadow of your gracious pro- tection, fearing no disturbance unless by some Jireicndcd claimcrs to our soil, whom we trust your majesty's clemencie and ecjuity will guard us fi'om injury by ; 'dud co7isideriiig' the fmrchaiss of our lands from the heath'- cna the natural firofirietors thereof and our long quiet fiosssssion net inter- rupted by any Icgall clairne, our dejence of it against the barbarous adversa* ry by oi.r lives and estates^ v.'ce are encouraged that ivec shall he maintain- ed in our free erijoymenL of the some, nulUiout being teiiants to those nvho caji shew no such title ihd vQur majesty's authority, wee would humbly ^p-gest whether the allo-va?ice cfa/i/ieales mentioned in the commission tnay not prove a great occasion by mcanes of malignant spirits for the obstruc- ting of justice among us. There are also sundry other things that a Utile time and experience may more evidently discover a great convenience, in which upon the conlineuance of the same liberty from your majcsiy wtc shall with like humilitic present. Thus craving a favourable construc- tion of what is above suggested and praying for your majesty's long and prosperous reigne, begging also the conlineuance of your majesty's favor, out of which-, if any of our adversarys under a pretence of loyally or zeale for your majesty's inlerist siiculd encleavour to eject us, wtc hop* APPENDIX'. 315 4ipoii liberty granted us to speak for ourselves, wee shall aboundantly de- nibnstrate that wee doe truly and sincerely subscribe, Your majesty's most loyall and dutiful subjects. JOHN CUTT, President with the consent of the counciil. \ Portsmouth, in the Province of ^ New-Hampshire, June 11, 1680. No. XIX. Copy of the Mandamus by vjhkh Robert Mason, Esq. ivaa admitted to a neat in the council, Dec. 30, 16S0. Trusty and well beloved, We greet you wel. WHEREAS we have thought it fit to take into our special care and protection our province of New-Hampshire and provide for its prosperity and good government and the settlement of the estates and psssessions of our good subjects thore. And that for the avoiding any suits or contentions in matters of title, and the detei mining any demands which might be made by our w?l beloved subject Robert Mason, Esq. as proprietor under us of that province by vertu of a grant derived from «ur royal grandfather King James under the great seal of England* : Wee have so composed all matters with him that for the time past until the 21th day of June 1679, he shall not claim or demand any rent, d«e9| or arrears whatsoever : And for the future he, his heirs or assigns shall receive only six pence in the pound yearly of every tenant by way of quit rent, according to the true and just yearly valu of what is improved by any of the inhabitants { as is more fully expressed in our commission un- der our great seal, bearing date the I8th day of September in the 31st year of our raign. And whereas the said Robert Mason hath humbly sig~ nified to us that he is preparing to transport himself, for the taking cai'e of iiis affairs and interest in the said province, and for the giving a secure and legal confirmation of the estates of such per^ns as are now in possession buc without any right or legal title to the same. And he being a person whom wee have esteemed useful to our service, as he is chiefly concern-^ ed in the welfare of that our province ; wee have fiu'ther thought fit to constitute and appoint him to be one of our council therein, and we do hereby order and require you our president and councill, that imfncdiately after his arrival you do admit him one o£ our council of our province of New-Hampshire, be first taking the oaths mentioned in our said com- roission. And we do further require you and him, that ^ ou do betake yourselves to such discreet and equitable ways and methods in your pro^ cec iings, agreements and settlements for the future, that there may be no ocL :V,-Jon of complaint to our royal person and authority here. We being rioryjived to discountenance all such as shall wilfully or unnecessarily avoid cr delay your submitting to tliose determinations which may be reasona- biy decreed according to jusiice and good conscience. Which you are to signify to all our good subjects vithia our said province that they may govern themselves accordingly. And so we bid you heartily farewell, (liven at o\ir court at New-Market the first day of October 1 680, in th^ two and thirtieth year of cur rai^^n. By his maicbtv's command, "SUNDERLAND, Xo our trusty and well beloved the president and council^ of our r.iovince of New-Hampshire in New-England. ) ^'yhis TP.ust mean the chartp- ^o tJie 9QuncU of PJvip.outlj . ^16 APPEKDlXs No. XX. Anaivcr fo the elaim made by Bfr. Mason to the. houses and tdnxis of jYtw'- Hamfishire. [//I Mr. Wearers hand wriilng; but without date or signature. ~\ IT does not legally appear that Mr. Mason can lay any just claime to any of the lands in New-Ham pshit-e, for what right he pretends is ei- ther derived from Capt. Jno. Mason, (whom he says was his grandfather) or from his majesty's commission : But presume from neither of these lias he any right. Not from Capt. Jno. Mason ; for, (l) It does not le;j;aily appear that ever he had any right to the province of New-Hampshire. It is true there is a copy of a pattent or deed from the councell of Plymouth, vvhicli he brings over without attestation of publique notary or any other au- thority. Besides in said coppy there is not the least intimation of any hand or scale to the originall, and there is two men that swears this is a true coppy of the original], which plainly demonstrates that the original! is but a blanck ; the truth whereof we are the more confirmed in, because it is Hot rational to imagine that Mr. Mason would come from England to pros- ecute a right and not bring with him what he had to make good his claime ; but having nothing but blancke coppies, he could bring i.o better than he hid, which cannot be looked upon as authentique in any court, (2) If it should be supposed that ever Capt. Jno. Mason had a right by pattent, yet it does not ixppa.w how Robert Tufton Mason (as the plantiffe calls himself) derives a title from him either as his heir, cxeeutor or ad.? j-ninistrator, or by deed of gift ; all that we can hear in court is that the plantile calls himfteif Capt. Mason's heir. (3) If the plantiffe oi- his ancestois ever had a title to the lands he claims by pattent from the councill of Plymouth, yet they have lost it by non use, for they never attended the ends of granting patents by king James, ot blesf sed memory, in his hyness pattent to the great councell of Plymouth, ivhich was the peopling of the lc>nd,inlaigeing the king's don^inions, prop- agating the gospel, conversion of the heathen the native proprietors, Sec. No'v the piantife nor ancestors ncvM' planted this province nor expended any thing upon it to the upbo'ding of it in peace nor war, but the present inhabitants did either by themselves or predecessors, purchase their possessions from the natives, and by their permissioii did sit down upon the land and manured, to the vast expence of above 50 years time in hurd labor, and expending upon it their whole est.-ite. And in the laic Indian war did defend it against the enimy to the loss ot many of their lives and consiuerabie part of their estates, without any assistance from Mr. Mason ■«vho now claimes not only whit poor people have purchased and laboured hard upon, but also conquered or reli'-ed from cruell attemj;ts of the bar* barous heathen, and we conceave we were under no obligation to run such lulventnrcs to make omselves slaves to Mr. Mason. (4) It does not appear that there was a quorum of the great councell of Plymouth to the making of Capt. Mason's deed according to the p<^t- tent granted to the great councell of Plymouth, which renders his claime unvalide, if ever any thing in that kind was done, which we question. From what is said we humbly conceave Mr. Mason has no right from Capt. Jn(j. Mason. And that his majcstic's commission does neither give nor confirmc any dtle to the kmdr. ciaimcd, we prove ; APPEsrmx- Jit (1) We humbly conceavethat bis royal majesty who w so prudent a prince and so boiicitus for the peace of his subjects, would not have teft that matter doubtfull to his subjects of this province but rather have told us that he had given all the lands to Mr. Mason, but there is nothing ot" gift to aim in the commission and if his majestxj had (which we cannot be- lieve he would) we should crave the benefit of the statute in the 17° of Clvu-Ies the hist, which says, No king and councell can alienate lands but by due course of law. But wee were never yet heard, and when it comes to le^al tryal wee presume the law of possessions will confirm our lands to us, seeing we have had peaceable possession 50 yeares. (2) If his majesty bad given the lands in the province to Mr. Masotl} what can be understood by that claus* in the commission ' That in case the inhabitants siiall refuse to agree with Mr. Mason, then the governor shall interpose and reconcile all dilTerences if he can, but if he cannot then to send the case, fairely stated to England that his ir.ajesty and privy councell might determine according to right ;* which wee humbly con- ceave puts a barr to any legal proceedings until his majesty's mind be further known therein. The inhabitants have offered their reasons to the governor according to commission, which he will not admit of, only did take of ope, viz. Capt. Stileman, and promised to send them to Englandi but we can hear ol no answer and much fear his neglect. (3) His majesty in his commission says, ' To present unreasonable de- m::ind^ that may be made by Mr. IVlason for the right he claimes,' which claime may prove good or bad when it comes to tryall. We understand to cli.iir.e and to have are diifcient things. (4) His majesty intimates in his royal commission by what title Mr. Mason does claime, viz. by a grant to his ancestors, ' who improved and pohsesst-ci the province with great expcnce, until molested and finally driv- en out ;' but this province cannot be concluded to be the place he claimes unlil he uivike these circumstances appear, which we are sure he never can doe. Now Mr. Mason not producing any original deed for any of the lands of this province, nor authentique copies, the inhabitants cannot make any cou,oiiauce with hiia both because we see no right he ever had, or believ- ing if ever any was he hath mortgadged it already in England, and so alien- ated what right i)e l\ad, Aitho»u;h upon the former grounds we have good plea against Mr. Ma- son'? cliiine, yet we did not see cause to join issue, not only because judg- es and juior^ were not qualified according to law, all of them being pickt for espousing Mr. Mason's interest by the governor's order, who has a mortgadge for 21 yeares from Mr. Mason for all the lands in the province. But also because wee was willing to attend the methods prescribed by his majesty iu his royal commission. No, XXI. The answer of Elias Stileman to the summons from the honble Edwai*d Cranfield, esq. governor of his majesty's province of N. Hampshire in N. E. in pursuance of the method which his majesty hath been gra- tiously pleased to prescribe in his commission. Portsnio. the i5th of November, 1683. May it iilease your Honor, IN obedience to your command that I should render a reason why I re- fuse to pay quit-rent unio Robert Mason, esq. (as he titles himself) for SIS APPENDr^. my housC'Siul lantfe, nnd take deieds from him for iLe coii&rming of iiic same, I answer as folioweth : Istly. Because my said land I bouc^ht and paid for. The title uRto ■which is s\icces^ivcly derived unto me fi-om those that ha've possessed it^ without any claime for at least these 50 yeares, up)on which I have built at itiy own charge without any interrujjjion, and am m the possession thereof as my owne. As to what is said in the commission concerning- Mr, Mason's proprieters, with all due submission to his majesty, I con- ceive it imploys rather his claime than a positive determination of his title. 2dly. I humbly conceive that being in possession of what I have boi>ght and built upon, it rests upon the claimer to nvake out his title (if he have any by law}, begging the favour of an Eughsh subject therein, that it may be first ti-yed upon the place, according to the statute law aiKi the opinion of his majesty's judsves in England, and this before I am liable to pay quit- rent and take dec^ds of confirmation from him. odly. Should Mr. Mason obtains his demands, myself and thp rest of the inhabitants would be undone forever, for then all his granted to him which hoe calls commons being out of fence, which yet hath been bound- ed out by the several towns and possessed b y them for therse 50 yeares, and improved for the nraiatainance of their cattle both winter and summer, and for timber and five wood, without which there is no liveing for us, it being impossible for us to subsist upon that which in the commission is called gardens, orchards, tf he may have the disposal of the rest 4thly. The said Mason speaks of many thousands of pounds expended upon the place, which with submission cannot be made out, and if it could, what then have the poor planters expended in so many yeares labour since their first sitting downe upon it, when they found it an howling wilder- ness and -vMcuum dornicilium^ besides a great expence of blood and estate to defend it in the late Indian warr, nor can they to this day make both ends meet by all their labour and frugality, and therefore must needs sink lUKler the exaction of Such a propriator. 5thly. The land which Mr. Mason claims as propriator is the land on which such vast expence hath been laid out by his grandfather Capt. John Mason, for the peopling ofit and the land from whence his said grandfath- ers servants were violently driven out, or expeled by the inhabitants of the Massathusets, but upon this land there was no such expence laid out by liis e;randfather Captain John Mason for the end aforesaid, nor is this the land from whence any servants of his said grandfather were so expelled, and therefore M'e that arc possessed of this land are ncn concerned in his claime, hec hath m-tstaken his province and may endeavour to find it sonte other where, for here is no such place. 6thly. If Mr. Mason ha^d a patent l>ere, why did he not take possession in the day thereof If hec were in possession why did he not keep it siill : None ever drove him out as he informs, had hee been once settled he might to this day have kept it as the test of the inhabitants have done with- out the least moUistation, but lam humbly of opinion iliat if he the said Mason or any of liis ayres came hither, they only came as many ships did io Newfoundland and to this countrey to make a fishing voyadge or beaver trade, and that being at an end departed and left their room to the next taker. This is the sum me o^" wh?t I have at present to answer, humbly re- 9upsting of vour honour the stat'ng of the case, with your o^^inion th^rfeup-: APPENDIXi ' 319 fljii to Tiis nrSJ€4Ly as ihe commission directs, and wiien iiia rtiajcst}' shall in his wisdom and jusiice see meet to order an hearing of ths maUer in his courts of judicature upon the place before a jury of uninterested and indiffeicnt persons which may be had out of the neighbouring province, {and possibly Mr. Mason may think not attainable in this province where- in all persons are concerned,) as he hath been pleased to doe by that part of Mr, Mason's claime, which lyes under his majesty's government of Massathuscts, I hope to be able upon these and other grounds so far to make (vul my title as to be held unblameable before God and man, for not complying with his demands. Or if I should see cause to appeal to his majesty and honorable councell that I shall be put beyond all need of pay- ing quit rent to the pretended proprietor. Thus begginge your honor's favour, I subscribe, Sir, your humble servant, E. S. •[The ivjo ^irecedir.^ pajier.s ar^ in the hand of the hoji- Preddent ^Veare.^ No. XXII. ,Co/iL/qfan Qrdcr for the adminiatration of the eacraraents according Iq the mode of the church of Kngland. Atacouncel held at Great Island, December 10, 1683. By the governor ajid councel. New-IIampsh. IT is hereby required and commanded, that all and singular the cespec-: tive ministers within this province for the time being, do from and ai- ter the first day of January next ensuing, admit all persons that are of suit- able years and not vitious and scandalous in their lives, unto the blessed, sacrament of the Lord's supper and their children unto baptism. And if, any persor^s shall desire to receive the sacrament of tlie Lord's supper, or their cluldren to be baptized according to the 'iturgy of the church oi England, ;.hat it be done accordingly in pursuance of the laws of the realm of England, and his majesty's command to the Massachusetts government: And if any ininister shall refuse so to do being thereto duly required ht; shall incurr the penalty of the statutes in tliat case made and provided, an^I .ahc inliabitants are freed from paying any duties to the said minister. The aforesaid order was published, R. CHAMBERLAIN, clerk conciX [TJii&.fiiiJnr is in the council minutes, second dook.^ No. XXIII. Co/iy of the information ugainsl Mr. Moody, 1683. Nov,'-Hampshire in New-England. '^^o Walter Barefoot, Esq. judge of the court of pleas of the crownc, &c> now situng at Great Island. And to Nathaniel Frier and Henry Greens Eiiqrs. assistants. The information of Joseph Rayn his majesty's attorney gcsieral for ,the said province of New-Hampshire, agiunst Joshua Moody of Ports- . mouth in the said province, dark, iu his said majesty's behalfo. "/'•I "^ HE said Joiieph Rayn infornieth, that the abovesaid Joshua Moody ;3l being the present minister of the towne of Portsn\outh aforesaid, wit |-.iii the dominions of our soveieign lord Charles the second, king of Entja'u'., is by the duty of his place jsnd the laws and statutes of tlic realme 320 APfE-NDtX. of Eng'kiiil, '(vii?- the statute made in the fifth and sixth of King £,dwa(tl the sixth, and the stat. of the first year of the raign of the late queen E- lizabeth, which is confirmed by the statute made in the thirteenth and fourteenth year of the raign of our sovereign lord king Charles the second) J-equired and commanded to administer the sacrament of the Lord's sup- |5er in such manner and forme as is set forth in the book of common Jirayer and administration of the sacraments and other rites and ceremo- nies of the church of England, and shall use no other manner or forme then is mentioned and set forth in the said book. Nevertheless the said Joshua Mootly in contempt of the said laws and statutes hath wilfully und obstinately refused to administer the sacrament of the Lord's supper ac- cording to the manner. and forme set forth in the said book of common prayer, unto the honble Edward Cranfield, esq. governor of his majesty's said province of New-Hampshire, Robert Mason, esq. proprietor, and John Hinks, esq. of the said province ; and doth obstinately and wiifully use some other forme then is by the said statutes ordained, contiary to the forme thereof: Therefore the said Joseph Rayn in behaif of our sovereign lord the king, doth pray, That the said Joshua Moody being thereof convicted according to law, may suffer such penalties as by the said Stat, arc made and provided in that case. No. XXTV. Copif of a setond infoi'mation against JMocdy, New-Hampshire in New-England. To the honble Walter Barefoot, esq. judg of the co\:rt of pleas of the crown and oiher civil pleas, held at Great Island,^ and now sluing this 6th Feb. 16§^|, &c. The inibrmation of Joseph Rayn his majesty's attorney general for the said province, in his m.ajesty's behalf against Joshua Moody of Portsmoi th, dark. 'HE RE AS the said Joshua Moody hath in open court of the quarter sessions of the peace held at Gr. Island aforesaid upon record, confessed and owned before the Justices, That he hath administered the sacraments contrary to the rites 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 olfencc before the justices at the said sessons ; Joseph Rayn his majesty's attor- ney general for the said province, who prosecutes for our sovereign lord the king doth (iccording to the ancient law of tlje statute made in the for- ty second year of the raign of king Edward the "d, now in force) in his majesty's behalf, exhibit his information to this hon. court against the said Joshua Moody, for that he having for many years had the appearance and reputation of a mijiister of God's word in the said province, being within the king's dominions, and having wilfully and obstinately refused to admin- ister the sacraments according to the rites of tlie church of England, hath administred the sacraments of baptism and the Lord's supper m otlier manner and form than is appointed and commanded by the statute of the first of queen Elizabeth and other statutes, contrary to the form thereof and in contempt of his majesty's laws : And doth pray the court's judgment and that the said Joshua Moody may suffer the pcmtkies by ihc said statute in this case made and provided.- APPENDIX. 821 No. XXV. New-Hampshire in New-England. To James Sherlock, gert. prov. marshal and sheriff of the said province, or his deputy. N his majesty's name you are hereby required forthwith to tuke and apprehend the bony and person of Joshua Moody of Portsmouth in the said province, dark, and carry him to the prison of Great Island in the said province ; and the prisonkeeper, Richard xvbbct, 's hereby re- quired to receive him the said Joshua Moody and keep him in safe custo- dy in the said prison, he havintj bin convicted of udi/Jfuslring- the Lucra^ 7iieni.s contrart/ to the laws and statutes of England, and refusing to ad- ?ninistcr the sacramerjs according to the rites and ceremonies of the church of England^ and the form enjoined in the said sta'utes. Thei'e to remain for the space of six months next ensuing, without bail or mainpiize. Fail not. Dat. thefiUiofFeb. 163|. WALT. BAREFOOT, (Seal.) PETER COFFIN, (Seal.^ HEN. GREEN, (Seal.) HEN. ROBY, (Seal.) Vera copia, Teste, Ricl do Chamberlain, C'.ro P. [Ths three [ireceding }iaiier.i are in the Recordn-'s office?^ No. XXVL Co/iy of an order for raising money xvithout an assembly. New -Ha nip. At a councel held at Gr. Island, Feb. 14, 168|, By the governor and councel. "HEREA5 we have lately had intelligence by a letter from Capt. Hook to Capt. Barefoot one of the councel of this his majesty's province, that he had advice from the captain of the fort at Casco of a sud- den rising and onset intended by the Indians upon the English at the east- ward : And whereas the iissembly have been lately tendred a bill for rais- ing a revenue for ihe fortifying and defending ourselves against his maj- esty's enemies, did absolutely refuse and reject the sanie without giving any reason for so doing, or preparing any other for defruying the charge of the public service. We his n»ajesty's governor and councel finding the public irci'.sniyso empty and bare that there is not somuch money as to pay a single nies^enger ; and those persons that are the support of the province have not estates to s\ip;)o.t themselves in the war (if any should happen) without due payment for their service in consideraticn of the premises, by virtue of his njajesty's royal commission bearing dvitc the nineth of May 1683, and also of his maje^-ty's royal instructions to the gQvernr,r bearing date the 29lh of April 1682, have, for the raising a rev- enue for fortifying and defraying the necessary charges of the government, tiial there nr.iy be a magazeen of ammunition and pro\i3icn, and of money to pay iudigcnt souldiers, as also for such emergencies as a war necessari- ly produce, thought lit to continue, and do hereby coiuinue all sucli taxes and impo:iiiioi>s as have been formerly laid upon tlie inhabitants (except- ing only the lutc of th»^ penny in t!ie pound raised in time of usurpation ij'ithuat a ijen;;ral asa^mblv) eommanUinjj and resinvjnjj all and '•incuiu;,' ' R^ S22 APPENDIX. the constables and collectovs forthwith to peiform then' duty hi levjing anS collecting the same, and paying it in to the treasurer. No. XXVII. Cofiy of a letter from the council to Governor Dimgan. Prov. of New-Hampshire, Mar. 21, 16s|, Sir, By several advices we have received of a sudden rising intended hy t'le Indians in these eastern parts to fall upon the English, we jutV^^'i it absoUUely necessary without delay to provide for the safety and prc^c va- tion of his /najesty's subjects inhabiting this provir.ce, u.nc! to L,ive fc'eef (if need be) to oin i!ei;-iibounng colonies. \Ve have therefore, upcti con- sideration of the best meuns for the securing of fhe-;e province.^ conc'.xled it ve y necsasary to entcituin a nunibcv of southern Indians for sculdieis, who are be^t acqu..iateu with the n-Uinti- ci these Indians sku ';ing fi^ht ; and tliis being a tvork of hietij and churiii, for preventing Uie eflusioij of christi.n blood : And knowing that your honor has an influence upon the soulhern IndiLins our honourabie governor was wiiiing to take the trouble upon himself of a j-urney to New-York to treat with your honor for send- ing of such a nuniber of Mahiquas, or other Indians, as may be con\eni- ent to assist in this service, and to make such capitulations and agreeiv.ent as to his hu.)ov shall seem reasunabie. Wc doubt not your honor's readi- ness in any thin'^ that may tend to his maje-ity's service and the safety of his subjects, having f»ften heard a nobie characler of your honor from our governor, whom \^e luive intreated to present our letter with our most humble service. We have commiued all matters to his honor's prudence and management and what his honor shall judg fit to be done we shall see performed. So praying for your honor's health and prosperity, we sub' scribe ourselvs, fbeing his majesty's council of Nevv-PIampfchire) May it please your hon your most hunil)!e ser- tints, To the honble Col. Tiio. Dongan, "^ ROBt. iMASON, governor of bis royal highness | WALTER BAREFOOT, iiis colony of New-York, and 5> R. CHAMBERLAIN, the territories thereto belong- j ROBt. ELLIO'i", ing, humbly present. J JOHN HINKS. ["77ze two preceding Jialicrs are in the council' h 7!iinulfs, second Zoo^'.J No. XXVIII. To the king's most excellent majesty. The humble address and petition of sundry of your majesty';, loyal subjects the freeholders and habitants of your majesty's province of New-Hamp- shire in New-En giant^, Must humbly sheweth, [From the townc of Exeter. THAT your petitioners pred-ecessors having under the encouragement of your majesty's royal ancestors by their ietvcrs patents to the great council of Plymouth, removed themselves and some of us into this remote and howling wilderness in pursuance of the glodous ends proposed, viz. The glory of God, the enlarging his majesty's dominions, and spreading the gospel among the Iseathen : y\nd in order thereunto either found the land wc now po -ssess x'aci^i.m domiriliun:, or purcha-icd then) of the heath- en the native proprietors of the same, or at least oy their allowance, ap- probuccn or consent, Ii:ivc sate downe in the peaceable possesblon of the AlPPENDIX. Ms same for the space of above fifty years ; hoping thai as wee had attended the ends, soe 'vee should have shiued in the priviled5:;es of tho.,e -»yal let- ters patents above nieiiconcd, and thereupon did the more patioiuiy beare and cheaiehiliy-grap'e with those innu.nerubie eviis ;.ind difficulties that must necessarily dccoivipany the settiei's of new plant icons, especially in such climates us t'.iese- besides the calamicies of the laie Indian warr to the loss of iuany of our lives, and the great impoverishment of the surviv- ors. Wee were aisoe further incourat^ed from your majesty's princely care in takeini;- us by your late commission under your majesty s imme- diate i^overauient, and ap oonitin;^ s^.ne a:non;j; ourselves to govern us ac- cording to t )osc metiiodu there prescribed, being particularly bound to discountenance vice and promote viitue and ail good living, and to keep us in a due obedience to your majesty'b authority and continuance of our just lil)eityes and propertyes, together with liberty of conscience in mat- ters of worshipp, and all in order to our livemg in all godliness and hon- esty, fearing God and honouring the king, which wee profess to be our desire to dec. Bui contraiiwise partly by the unreasonable demarids of our pretended proprietor Robert Mason, esq. and partly from sundry other reasons that are either effects or concomitants thereof wee are in a fair worse condi- tion than any other your majesty's plantacons, and reduced to suc'.i confu- sions and extremities that necessitate our humble application to your maj- esty, \ipon whose clemency and justice only under God we depend for our veieife. Your jjoor distressed and oppressed petitioners doe therefore most hum- bly supplicate your most gracious majesty that you will vouchsafe to give leave unto one of ourselves, Mr. Nathaniel Weare, whom wee have sent for that end to spread before your sacred majesty and your most honoura- ble privy councell our deploreablc estate, the beholding of which we doubt not will move compassion towards us, and your majesty's propensity to ju:itice wii! incline to the using such meanes as to your wisdom shall seem best tivat the oppressed may be relieved, wronged ones righted, and we your niajesty's almost undone subjects now prostrate at your feet, may up- on the tastcing of your equity and goodness, be raised and further engag- pd in all humility and thankfulness as in duly bound evermore heartily t^ pray, &c. Andrew Wiggin, David Robinsonj Thomas Wiggin senior, Kinsley Hall, Thomas Wiggin junior, Bily Dudley, Robert Smart sciiior, James Sinkler, John Young, Christian Dolhoffs John Foulsham, Philip Charte, Edward Smyth, Jeremiah Low, Peter Foulsham, Ralph Hail^ Thcophilus Dursely, Samuel Hall, Richard Morgen, John Sinkler, Samuel Lcavitt, John Wadleigh, John Cotton junior, Samuel Foulsham, John Oilman senio'/, Eieazer Elkins, Edward Oilman, Ephraim Foulsham, Moses Lcaveitt, Humphrey Wilson, Jonathan Robin-^.o'i, Nathaniel Faulsham, ■Fhomo.s Hawlinp, Jonathan Thing. S^4 APPENDIX. The like petition from the town ed by, Nathaniel Bachiler, John M. tsion, James Pi^ilbiick, Jacob Browne, Tiionias Browne, Henry Lamper, Jcr.othan Wedgwood;, Henry Moiilion, Joan Muulion, Josep!i Smith, David vVedgwood, Jujncs Cb.etise, James Perkins, JNlorris Hobbs senior, Joseph MouUon, Beiijiiir.in M-.ulton, Thomas Levitt, Tliouiaj Derboine, John Levitt, Henry Derbornc, Ar.itus Levitr, Christopher Hussey^ John Tnci, Cv John Sniiih, Thoinu.0 Page, Phi'jp Towie, Jo iiah Sunbournc, VvTiiiam Sanbourne senior,, Ruiii Jolmron, widow, RIcharci Sanbourne, Thoi-n.^s Walker, Isaac Godfrey, HiunpJirey Perking,, David Lamprey, The like petition from Portsm George Hunt, Peter Bull, John Sherborne senior, Samuel Wentworth, Sp. Lovell, Kichard Webber, TJichard VYalerhouse, WiUiam Duveil, John Cotton, Coiomart Mashawcg^ John Bavbhani, John Shipivay, John Jol.nson, Jol'.n Slicrborne junior^ Th.cnuis Pickeiin, of Hampton In the ^aid province sign-> Benjamin Lauyre, William Fuller, John Sanbourne, Hesron Leavitt, Samuel Shuerborne, Francis Page, Peter Weare, Benjamin Browne, Tliomas Philbnck, Timothy Blake, Jaceb Perkins, Jonathan Phiibrock, Ebenezer Perkins, Caleb Perkins, Joseph Perkins, Joseph Dow, John Clifibid senior Samuel Pliiibrook, Joseph Shaw, John CUtfovd, Benjamin Shaw, Samuel Cogg, Timothy Hillyard, Anthony Stanyan,- John Stanyan, Joseph Sanbourne, Isaac Perkins, Ivioscs Sweit, Joseph Swett, Joseph Cass, Duel Clemens, Samuel Cass, Joiui Sanbourne senioi*. outh in said province, signed, hy^ Thomas Wacombc,. Obadlaii Mors, Nicholas Morrell, Samue! Keais, John Dennett, Jolm Tookc, Edward Melcher, George Lavers, Jacob Lavers, John Brackett, Matthius Haynes, Samuel Haines, Samuel Haines junior, William Fiiiekl senior* Walter Neal, APPENDIX. HfB John Ligbt, William Pitmai, James Jones, William Cotiotn, James Levitt, Jethro Furber, Edward Ball, Thomas Cotton, Daniel Dug^en, Francis Jones, John Partridge, Robert Purinton, Neiiemiah YartridgCj Jotham Lewis, Anthony Brackett, The like petition Job Clesi ents, Thomas Roberts, Edward Alien, William Furber senior, Henry Santer, Richard Rowes, Anthony Nutter, John Dam, William Furber jtmior, John Dun junior, John Nutter, Thomas Row, Edwaid Rbw, John Meadow, Philip Che; iey, Joseph Stc', enson^ Thomas Chcsley, Joseph Hinnedei'f Stephen Jones, Edward Small, Nathanael « James HucUing, Cathaiios Jerlld, Ezekie! Wentworth, Joseph Fields, John Bickford, Thomas Bickford, Thomas Edgeriy, John Hill, \_From a co/iy in the Leonard Week^ Nathaniel Drak«) John HunRing, Richard Joses, Jane Joses, John Fieicher, Richard Martyn, Ph. Sueret, Richard Waldron, Ben. Hull, John Cutt, William Vaughan, George Jaffreys, John Pickering, John B Ulster, from the towne of Dover, signed by Charles Adams, Paul Wentworlh, Gerard Gyner, Jenkins Jones, Joseph Canne, Richard Waldroxij John Winget, John Geribh, William Wentworth^ John Heard, John Roberts, John Hall, jun. Robert Burnum, Saml. Burnum, Jeremiah Burnum, Samuel Hill, Ralph Wormley, William Horn, Peter Mason, John Woodman senioi^ John Woodman junior, Jonathan ^Voodman, John Davis senior, John Davis junior, Sam. Adams, William Parkinson, Joseph Hill, Js'athan. Hill, John Roberts. hands of the honourable fireaident VVearef^ No. XXIX. The deposition of Peter Coffin, esq. one of his majesty's justices of tl^e peace for New-Hampshire, being s%Yorn, saith, 'HAT sometime in the beginning of February, A. D. 168|, I the de^ ponent was present at the house of Mr. John Hiuclf.s in company S^6 APPfmmx. tvith the ho!i. Edw. Cranficld, esq. governor of this pvoviiide, where I heard the said governor send for Mr. William Vavigiian, and when the said Vairiian came the governor enquired of him what affidavits those were he hud that day desired to be taken. The said Vaiighan answered, those that concerned his cause against Mr. Mason. The governor asked him who they were, he answered, if he might have summons he would bring them before his honour to be sworn ; and then the gov ernor brake out into a passion and told him, 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 business. Then the r^ove.iior said he *' ent lo carry a mutinous petition to be sent to England by VVeare, and asked him what vesse Weare vent in ; Mr. Vaughan answered that he left Weare in Boston. Then the governor said, that by the next ships ji'ter Weare was got to England and had presented his petition, he sfloiifd iiuve -an account of the persons names that subscribed it returned to biiri, dUd that it would be the best hawi he ever hid, f>r it would be Worth jC\OQ a man. The governor further said, th;il the said Vau;i,han was a tnutinous fellow, and required of him bonds to the good behaviour ; Mr. Vaughan answered he know none of the king's laws he had broken, but if he could be infijraied of his crime he was ready to give bonds. And that in the \vhoIe discourse Mr. 'S^'aughan denieaned himself v.ith a great lic tl of moderation and submission. Notwitiistanding vhich the goernoi conir :!nanded a mitliimis to be writ and signed tie same with his own hand, ^hereuDon the said Vaughan was forthwith coaiaiitted to jjrison. PETl.R COFFIN. Feter CoiTin, esq. the above named deponent, appearing in the town of Kitlery in the province of Maine this 27th of January 1634-5, made oath to the above written, before me, CHARLES FROST, JUst. of Peace. No. XXX. T/ie 'iVaiTant and liiittimua ivhereby WiUium Vaughan^ Esq. ivas coimrdtte^ to prison. Nevz-Hampshire. To James Sherlock, gent, sherif and provost marslud of the said province, or his deputy. IN his majesty's name you are hereby required to take aiul apprehend the body of William Vaughan, of Portsmouth, Esq. and Carry him to ihe prison of Great Island ; And Richard Abbot the prison keeper there- of, is hereby required to receive the said Vaughan into said prison and there keep him in safe custody till he shall give good security to our sever, lord the king his heirs and successors for hi.- the said Vaugh-ih's go;>d be- iiaviour t'lwards tie same our sovcr. lord the king,Ae /luving rffused to find .security for hin said r^wd be/iavinur the sixth da) ol February 1683. Giveii under my hand and seal the said sixth day of Februarv 168^*. EDWARD CRANITELD, (L. S.) VThe fTJO ^'.receding papers arc in the recorder'^' office.^ No. XX XT. Jt Utter fi'om lVilUai:i 'Faughdn^ Esci. containing a jouriial of transactioui, ^irilig /lis i/nprisontnen(,' imprisonment thretned. Your wife and famele well. Grete bluster at Haratcn =.hout the petityon, som weeke-. lin[;cs ware whegled into a confession and they discoveTerJ the persones that carried the petityon, who ware by jubus G. Sc R. bound over to the quurttr seshions, but last Satlerday night (on what ground know not) Mr. Greene huriUe there bonds and only touiu them they music appere when cold for. Charles Hiiton is lately ded. As other news arrives shall hand it to you by all occaiyones and doe you the like by us. 5tli Qiiatter sessioris are come, and there Capt Barefoote, Mr. Fryer, Coffin, Greene, Roby, Edgerly, v/ere justices, Raines was attorny. It wa* brought in as a pica of liie riowne. Mr. Moody pleaded his not beinge ord.ined, having no m.aintenante according to statute and therefore not obliged to that v^orke v^hich the statute recjuired. Besides these statutes were not made for these plases, the knowne end of there removal hither beinge that they might enjoye libeily in these forrin plantatyoncs which these couid not ha\e by verlcv.^ of tke statutes at home, and ware allowed to have here, especyally our comityon grantinge liberty of contyense. These things ware pleded, but to no purpose, after a shorte pleding and that not wiihoute many inten-ptyones and smiles by the pragmatticke, bu- sey ivTiperttnenle altuiny, he Av'as comited to the marshall, (viz. Longe Malthev.s) and held in custody that nii;ht tho' rermitted to lodge at Capt. Siilcmun'a. The justises debated a litteli, feure oi ihem entered there de- scnie, viz. Mr. Fryer. Greene, Roby, Edgeny, but Capt. Barefoote and C!offin ware for his condemnatyon. Judgment of the case, every man's was entered by the secretary over night, but being deferred till nexte inornir.i^e inforniatyon was given to somebody who came in and thretned and hectored after such a rate that Green and Roby also consented as you see by the inclosed, and hce was comited to prison. Pciyon was by him made to the courie, and afterward to the governor, that bee might stef* up at niol.te to hii famely and settel matters ;hcrc. and that h.f might not 328 APPENDIX. goe into the dismall plase the common ptisson. The court could not, the governor would not of fiiste, tho' in fine gave leave to ihe niarihall to drop him at Capt. Stilenian's, where he is confined to ais cliamLer; tho* not without leave to goe down staires or into the baktside, :uk( this was done 6th instante. At nic^ht I having moved for the takinge olevedeiises, which was in words owned, wente to the secretary for sumnuii.eh, iiuead- inge to begin with Lift Haull and Thomas Wiggones, hee refused to give summones but first (I suppose) muste informe somebody, I was sent for by the marshal!, hufied and hectored strant';e!y, thretned, Sec. in fine, itiuste give bonds to the good behaviour ; I refused thereupon he made and signed my mittymos to the prisson, though by the way, I knov.e not how, was also d.opcd at and confined to Mr. Moody's chamber, where wee have bin this twonig,hts very chareful toKPiner. Poore Wadlow who was left to the go 'criior's meicy is com oute upoa security for forty pounds money, and your Gove for a like son'e, only \Vm Partridge is to doe it in workc, building and fensing, Sec. The actycMis goe on and are turned of hand apase, twelve at a clajiji^ afier the ould man- ner, Roby though a justis is still of tiie jury. A new tricke is on loote, severall of us that ware executed upon and paid our mony the firste su'c, are sued againe for iiiegal witholdin^e possession, tho' the marshal! (who was by executyon required to give possession never came to demand it ;) the issue of which wee know not, matters being yet dependinge. 9th. The prisoners Vaughan and Mr. Moody ware fetched out of pris- son to p.ede there casses at the courte. Mrs. Cutt, Daniell, John Par- tridge and myself and Mr. Moody were sued and all caste, but the laste who had somethinge panicularly to saye, and soe he caste- Mr. Mascn though wee thought wee all said enoufe to caste him, viz. that hee had an executyon for the land sued for, and when he levied his executyon mighie have taken the land also, with many other things (cnoufc of wee thought) to have turned the case against hitn before anuy indiferento judges and jurors, but thus wee are tictted. But above all our menester lyes in [jri son, and a fammin of the word of God cominge upon us. No public worship, no preachinge of the word, what ignoranse, profanes and nnisery mubtncedes ensue ! By the premises you see what need there is you should be vigoros and sixedy as you maye aboute your busness to doe what may be to the prevenange of uter ruin. My imprisonment is a presente stop to the gciinge what cvedenses is needful, and it's like we shall not make anny further attempt here, but with what conveniente expedytyon will be done what is needful and necessary, Mr. Martin was sued at the courte in two actyones, one i;y Mr. Mason for fines and forfctures collected and received by him as treasurer from seven- ty nine to eii;hty two, and another actyon by the governor for fines, &c. iron) April eighty two. He is caste in both aclycnes to the valew of a- bout seventy pounds, ailhougb hee pleded that what hee received was dis- posed by order of the authority which made him treasurer, and had as good comityon from Ids magestie as that was in beinge, neither did it legally appeare that ctiicr Mr. Masson or tlse governor have anny righie to fines arid tbrietures, the kinge appointinge all pubiickc money to be disposed or improved for the supporte of the government ; however it is hut aske and have, there demands in any case have the force of a!) executyon. iOth. The sabbath is come but no p:ccl.inge at tSse Bankc, nor anny a'- 't:i\\<:^<\ to com to U3 ; we had noone i»ui tlie famek-y wiiji u;;j the pore pc* APPENDIX. 329 pie wantinge for lake of bred. Motyones have been made that Mr. Moo- 4y may goe up andprech on the i^oicl's dayc, tho' hee com downe to piiss'Hi at niglit, orthatnttibor minislers might be permitted to com and prcch, or that the pepie iiiii^ht com downe lo the prisson and here as ma- ny us could, but nothing will doe ; an unparraleled example aniou:4St Christiana to have a nicnester putt oute and no other waye found to sup- ])Iy liis piase by one menes or otiier. Mr. Frier was severely ihremed ibi' retuseinge to bubhcrii)e Mr. Moody's commitment, but hath oblayned fairly a disauiyon from all publike offices. Jiistis Edgerly aisocai3hered> and bound over to the quaucr scosiones. It is said that Justis Gicene is much cililicted lor what he has done, but Roby not. Peter Cofhr. can Bcarseshow his lied in anny company*. I4th. Nu&e cumv fioni the iourte at Casco that there was greate dan- get of the indyanes risinge, which hath occatyoned a meetinge of the counscil and some discourse, but here no more since and hope it may van- i'oh. 15th. Good Mrs. Martin was buried, being not able to live above one saboth after the shutting up the dores of the sanctuary. Somebody hath said that the imprisoninge of the minister is noope of his worke, hee did but constitute the courte, they did it themselves, tho' also iiath said hee would have don it himselfe if they had not. i7th. Another sad sabotli. 18th. Came Mr. Mason, Barefoot and secretary, with Thijrton, who swore against mee afal^e oatli. of which have inclosed a copia. Thurton said he was sent lor on purpose to give in his testimony against mee ; — . they went away, and soon after came the inclosed mitiinios directed to Ml. P^aines hoo is sheieff and marshal in Mr. Sheerlock's roome that have bin out of favor of late, tho' now it is said in favor but nut in plase againe. Mr. Estwicke is also put oute of all offis. Noote, that when I wente to hint for takeinge oathes, hee said all oathes should be taken be- fore the governor tiiul counseii,bui now could send to justisestodpe it. We had for som nightes our key taken away from the chamber dore about 8 or 9 at nighte but have sinse left off that trade. Sowell of Exeter is ded. Severall overtures were miitle this week to John Partridge and William Cotten by Raines to come out of prisson hee giveinge them 3 monthes time to provide mony or anny other currante paye, tho' they tendered fish) planke, Sec. before they ware put in, they refused to accept. 24ih. This saboth our wives, children and servants came downe and spent the day with us in our chamber, and wee yet here nothing said against it. 25th. The marshall goes and levies qpon John the Greek's sheep and cattle for the execuyon, for which he had laine about three weeks in prisson, and then came and ordered hinj to goe about his busnesse, 15 * Mr. Moody in the cliurch records remarks thus on hjs judges: "Not long aftei; " Green repented and made his acknowledgement to the pastor who frankly forgave him. " Robie was excommunicated oat of Hampton church for a common drunkard and died " excommunicate, and was bj his friends thrown into a hole near his house for fear of an " arrest oi his carcase. Barefoote fell into a languishing distemper wliereof he died. — ■ " Coffin was taken by the Indians, (at Cochecho 1689) his house and null burnt, him- " self not being slain but dismissed ; The Lord give him repentance, though no signs of ." it have yet appeared." 3S0 APPENDIX. shcepe, sundry lambes, and two haifers sezed for six pounds od mony.-s«f This clay also Mr. Jaffery having had sundcry warningb the week before' to clere his house becase Mr, Masson would com and take possession of il,wenve never the les to the Btmkc upon busness ; niene while cams Mr. M.r.on with the niars.hall and tinned all his servants out of dores, set uno- !ier locke on the dore, and at nifjht when his servants came home •Wett they would not suffer them to com in, but there lodged Mathews and Thurtoi) allnighte. Mr. Mason said while aboiite his wor!;e that he was sorry Wire had no more of this nuse to carry hoome with him. The govenor haveuigc sente to Mr. Cotton, that when he bad prepa- red his soule hee would com and demand the sacrament of him as hce had done at Portsmouth alredy. Mr. Cotton the latter end of tlie weeke before laste went to Boston and has bin oute two Lord's days already ; all is well with yours there, soe far as I can learn, I cannot i2,oe to see else might h.ave giveu them a visrte. One wort^e more about my busnes. I am under imprisonment aboute Thurton'b busness, being seized by the marshal! and comited when iti pris3on before for not giveinge bond for the good behaviour, tho' noih- inge charged upon aie any more than before, which you ^vell know. I know nothing but they intend to keep me here endlessly ; it's saide I muste paye one hundred pounds, for strikeinge one of the king's ofticers and must have my name returned into the exchequer and nuist lye in prisson till the mony be paid and I am rii< charged from the exchequer. The designe you may e:>ely see is to ruine mee, and how vaine my plea will be you may esely guesse. Tho' I have manny thinges to sale, viz. that Thurton was either no officer or at lesle not knowne to be so, how- ev'er not sworne, nor did I strike him in the hyewaye as bee sweares,noi* is there anny proofe but his own single testimony, which how far it av- ailes in such a case would be considered ; it's also worthy of inquirtt- whether ever that law was intendeci f^r us, here beinge no customs to be gathered, no exchequer to be vippiicd to, and therefore how these metli- ods can be observed is not intcllegable. You niay esely iniagcn how things will be if I am forced to coinp ye with there hun-^ors. Pray con- sult, co!!sider, and see if somelhi^i.^e may not be done to putt a stop to such arbetrary proseedings, a trial! on the plase by indifferente uncon- serned judi;;esand juror, if atleste there can anny such be found hoo will not be forted into what some will have done, but I shall not need to in-' struct you ; there you have better counsell than I can give you, and of your fedelyty to inquire and Femi^te by the firste what is needful on this accounte I doute not. I have r^iven you but a taste, wee that see it know mere then can pos- sibly bee uiiderstoodtTy those that only here ; in a wordsziC;^ is the huith fif there heat and raidge that th'.d feix pouiids five shillings of Obadiu Mors by wayeofex- eculyon Raines was discarded being put cute of beinge sheriffe, he. tho' he had his comiiyon under the scale but the other daye. Matthews is made provost marshall (at leste) in his roome and Thurton marshall's deputy. Good buids for such offiscs. Lord have mercy upon us. They had ali^o eighteen shillings from Sam Case, the resle is deferred, and he has put awaye his goods and intends to remove or goe to prisson, and see wee muste all. 1 1th. The Iiulyan nuse occatyoned an order to the trustees to get aminityen, they caiuc down and pledcd their time was up, it was said you shall keepe m during my pleasure. They said they had no mony of the townes in their hands, nor could anny be raised withoute a general as- sembly. Then laye out your own mony or else woe to you ; and this they are faiue to compiy with. Hee said and swore that if Masson would not acknowledge a judgment nexte courte of six hundred pounds, hee would take all his busnes from him and sew in his own name. Hee swore hee would turn oute that rooge EUet who is as bad as anny other. Mr. Waldron beinge senic for by warrant to com before the justices to take the constables oath, appered before Mr. Masson and Capt Bare- foot, but excuseinge it and givcingc good reason was dismissed upon pay- inge five pounds ; but poor Capt. Barefoote was most ferefuHy rutted at APPENDIX. 333 for his labor, many oathes sworne that "Waldron should either take the oath or either lake up v/ith a ti;oaie. The next daye (iho* the justices hoose busnes it is, had fairely dismissed himj he was convented aguine, the oath tendered, hee threlned with a prisson immedyately, butt tv^uid them hee knew the law better than soe, then they tooke his one bond to answer it at quarter sessioncs and so far of that lualter as yet. Another constable is chosen, viz. Capt. Pickeringe, the' hee have as yet waved liie oath, haveingc lately served in that place, and pleding his being bound to good behaviour for that laste fraye. He taulks much of fiij^gets to scare the pore peple. Ikh. Counsell sat and could not agree aboute raisinge mony, which hiiy provoked somebody. They said the general assembly onlv couid raise mony. The governor tould Mr. JafFery's negro hee might goe from his mas- ter, hee would clera him uiuler hande and sele, so the fello no more at- tends his master's consernes. 15th. This day the secretary was in a grete raidge turned out of all his ©ffises exepte secretary to the counsell, (an emptie name little profit) and the bookes sente for oute of his hando. Hee is much conserned and dejected. I am credible informed and you may beleeve it, that the governor did in the open counsell yesierdaye Siiye and sware dredfully, that hee would put the provinces into the gretest confusion and distractyon hee could possible and then goe away and icvs them soe, and then the devell take them all. li'ee also then said that Mr. M.isson said hee would drive them into a second rebellyon, but himselfe would doe it before ; and 1 wonder he has not, such actings are the redy way, but God hath kepte us heth- erto and I hope they will do soe sliil. Hee also said and swore that anny person that should have anny manner of converse with us or anny of our mind, he would couule them as utter enemies and carry toward them as such. 17th. The governor haveinge formerly prohibited the prisoners from jnakeing shingles wente himselfe this day to the prisson and prohibited John Partridge Irom makeinge shoes, bad the marshall throw them into the sea. This day Raines beinge not willinge to give up a warranto that he had executed duvinge the shorte time of beinge sheriffe, was sent for by the governor, and not appevinge, the governor came to his chamber and did bete him dredfully, and bad the marshall carry the rouge to gaiie.— Hee remaines out of favour still. The governor also wente over to capt. Hooke's and got him to give warrants to the constables on the other side to serch all houses for Mr. Jaffery and bring him over, but they found him not, nor is he yet found, tho' proclamatyon was made at Wells cort, for his sesure tho' not yet done. Mauch 18 This morninge came MatthevTs to our chamber Bnd said the governor sente him to cai ry mee to the prisson, where I am where I still iy ; being put in only for Thurton's actyon and kepte in tho' I offered security to respond it. I think they have let fail the other aboute the good behaviour, seeinge they can make nothinge of it, and before my cominge in John the Greeke's bed. Sec. was turned outof prisson and hee forsed away, whoo would not depart before. 21st. Mr. Martin came to discorse about the mony he was caste for. ^34 APPENDIX. ■which they hav^s not yet levied upon him, but intend to laye it upon all di* ould counsell equally th:\t each maye bare his share ; at same time the governor toukl Mr. Martin that hee would send his excculyon. Said Mr. Martin, you know il is not my dew to paye the mony. No matter (said h*), / tvanc niomj and I will have it. But J have none^ said hee ; then I wiil take your house. Hee ackled also to Mr. Martin, that hee was a chureli member and hee would walch him and all such, and be sure to paye them off if hee could cai;ch them. 22d. Tlie soi-rest sionn and the iiiesle tide that ever was knowne. McV ny thousands of pounds dumid.^ein Bosion and much here. The bridge to the Grete Island broaken of in the middle to the grete joy of manny. 24th. Tlie governor wente to Boston in Foxe's sloop, intending thense to New-Yoi-ke, pretcndin^e to discnrse Colonali Diingham iuid bringe downe two hundred Mohiuvkes to kili the estvvard Indyanes. What is at the botham or will be the issiuie Godknowes. Hee had a could trete at Boston, staidd not a nighte in towne. Smse his goinr,e we have had litt- tel nuse worthy of your notis, but all things have bin very quiet hith^ erto. I have not inlargcd upon these particulars to my master Chii.d, but if hee will take any notis of the thinge and be conserned about it hee will then give you opportunyty of discourseing him, and you may informe vhat is further neidful. alst. This month passed outc and the other came in withoute anny noise, unles the grete joye that was at the Banke by Mr. Moodye's going \ip thither and my goinge onse or twise after with om- keepers, by Mr. Masson'a pcrmityon who presides in the governor's absence ; but wee soone returned to the plase from whense wee came. April S. Naih. Fox who married Mrs. Stileman's dafter sente Ma^ thews toarreste Capt. Stileman for his wifes portyon (tho' it was often ten- dered him in such paye as tlie courte ordered it, but he would have it in mony). Capt Stileman gave his own house and yll that was in it for se- curity to answer the actyon, but Matthews bringinge Thurton with him at his instegaiyon, who was terrebly insolente, they arrested the tvooman Mvs. Stileman and canied her to prisson %vt::h much violense and course usudge.^ tho' her huahand had given seeuritij. Shee was carried in the evening. Caj^t. Stileman wrote to Mr. Masson, he protested against it and wrote to the marshal!, it woiild not doc. Hee wente againe and Mr, T'lasson wroote againe, but to no purpose, they kept her there till the next xnorninge ; a thinge not to be pavaleled in the English nation ! Complainte hath been made but no remedy. Abbot beinge up at the banke with mee Thuvlon took the key of the prisson, and when Abbot came would not permitt him to goe in, but turned him awaye. Brave doinges 1 Notunge can tell the horrible impcryousness and domanereinge carridge of that wretch. The nexte morninge Mr. Masson (much a doe) got Mrs. Stile- man oute and the gaillor into his plase againe. Mr. Masson gave leve for anny minister to com and pretch at the bank, so that wee got Mr. Phillops for two Lord's duyes, viz. IS & 20th, have- uigo bin nine Lord's dayes without a sermone. April 14th. Came H. Greene to Mr. Moody's chamber and made a coniiession of his faulte and begged his pardon for putting him in prisson and saide hee m ould git him oute quarter scssiones, Sec. Good words, butt Capt. Baiefoote wente to the prisson and tould John PaTi A#PENDI^. ^S'^ ti^age that if hee would give an order to allow so much as Ms charges eame to oute of what the provinces owed him about Gove, for the soul- dyers, &c. hcG should come oute of prisson, and they would paye him the renvaindcr, the hooie beinge about thurty pounds, but hee was not forward leste hee should in so doinge quitt them of false iniprissoninge him ; but if they would doe it themselves, stop so they mighle. Nothinge is done in it. 15th. Blatthews andThurton ware senteto Hamton to lerie execu- lyones and serve attachments and warne jewreyrnen for the couite inMay. They arrested seaven. among which Capten Shourborne one, warned the ould jewreynien, executed upon VVm. Sanborne, touke foure oxen tvhich ware redeemed by mony, drove away seven cowes from Nath. Kalchelor, wente to your house, met your son Peter goinge with his four oxen into the woods, commanded him to turne the oxen liwome, he would not ; they cursed, swore, drew upon him, thretned to run him through, beete him, but he did not strike againe. They came to your house, ware shutt oute, yotn- wife ferefully scAred for fere of her son who was otite with them. At lenp;th she lett them in, laid three pounds on the table which they tooke and then levied on several! young cattel but released and lefte them. Your son came hether to advise, but conjplaininge is bootless, such a dismal case are wee in. Th.ey tooke away two bedds from ould Perkins, but his son offered his person and they tooke it and quitted the other ; what more they did there wee as yet here not. Capt. Gerish, John Woodman, Liften. Nutter and Nath. Batchelorare svvorne constables. i7th. I \vcnte to Mr. Masson at Capt, Barefoote's house and had sev- erall witnesses with mee, and desired him to take deposityones that I might sende them home, about my case and the reste of the cases, butt hee refused. The governor had putt mee in prisson when I asked him, and now in his absents the deputy governor denies to grant theoi. I hope this will be matter of jus,te coniplainle, that wee should be hindered from applyinp;e to his majesty for relefe under our oppressiones. You will have evidense of his denial sente home, sworne before som of the Baye magestrates : wee can doe no more unless the Baye should assiste us, which they are loath to doe and wee are loath to put them upon as mat- ters are surcomstansed with them ; but wee thinke it should be taken very hainously by all that love justis and wiUing to administer it, that his ina- gesties subjects should be thus treated. Surely they are afraid or asha- med of there actyones (and they may be boath) else they would not be s© shye of having them knowne. This is what offers here, what more neidfull coz Waldron mil advise from Boston. With dew respects remaine, Your assured friend and servant. For MR. NATH. W^RE, in London. A discourse with the governor aboute my imprisoninent, May. 81, \_Subjrjined ta the foregoing letter. ~\ 4 T a sessiones held the 6th May, 1684, 1 was denied counsell, and t» j!Jl have witnesses sworne. Mr. Waldron, Capt. Stileman and Capt. Froste were presented. IQth. The governor was with mee in prisiion, Mr. Chamberlin, Mr, Hinkes and Mr. Slierloake with hira. S36 APPJENDiX» The governor profferreil mee (that whereas I was fined by the justises in Thunon's case, that I mig-ht think they had not done mee rite) that I would j)i-osecute it (givein^e security soe to doe,) in the kins^s benche at v\ estininster, tlie exchequer, or before kinge and coinisell, I should ; though by his comityon hce could not doe it. My anser was, unles I could hrtvc sccurety given mee that in case I should recover, I might hav niy charge and damidge made me good, it would be of no benefit to me. He saide there was no resoii for that, becasc it was for the kinge ; though it was his becase Mr. Masson had resind up to the kinge all fines and for- •fituies and the king had given it to him. But he said if I would depositc a Valuable som bee would doc the like and would give bond, and have it tried as abovesaid. My answer- was I thoughte the forty pounds was cnofe and th itl expected execulyon would com oute at the time, and shoidd en- devour by the liiue to provide enofe for it, but withal tould the governor it was at his liberty to remit it if he pleased by virtue of his comityon. Allso for my beingc in prisson for not giveinge bond for my cood be-f liaviour, when tiie sessiones came I was not brought to my triall for that, but remanded to prisson agaii;. At ditto time the governor tould mee hee had put mee in prisson on that account, and hce would abide by it till I would give two hundred pound bound. My anser was 1 had rather ly in prisson then give bond to tempt such a fellow as Tnurton, (or such others) that had sworne against me alredy, and falsly, and judged it nnght be no scuiplc to him to doe the like againe. And withal told hint that if hi-^ hoiiner plesed to let me out of prisson, I would ingaidge luyse'f by bond tu live oute of the provinse, thoui^h that would be very detremcniall to my couserns and by that I ho- ped he would have no thoughts of my misbehaveinge myselfe, that would be detrementall to the kinges govermente here or hiraself. Not that I scrupled giveinge bond for my good behaviour, though not accused for anny thinge but for layinge a temptatyon to some base minded person or persons to foresware themselves, as one had done before in another case relateinge to me. M;iy 12. Was informed that whereas Thurtcn had a comityon to be prisson keeper, (and withal had vapored and said the prisson wasUo good for Vaughan, and the roome that hee had fited up did intende to keepe it himself and that V. should tako his quarters where hee would as- signe it, and that the prisoners should not be waited on as Abbot had done, for hee would keep them loacked up, only com morninge and eveninge) lostc his poaket booke wherein was his comityon and sundry papors of conseinment. JV. B. The original of this letter and journal is in the hands of the Hon, President Weave. W. XXXII. Copy of a letter from the governor and conncil to the lords of trade. \Covncil Records.'] Province oi New-Hampshire, May 23, 1684. May it please your lordships, SINCE Robert Waldy is returned from England having lately had an appeal dismissed by tiie council board, by taking advantage of Mr. Randolph's absence, who was atturney for the parties, he hath put the people of this province into such a ferment and disorder that it is not possible to put his majesty s commands in cxecucon or any APPENDIX. SSl -.rayd govern tiicm- And tho' notwithstanding in obedience to your lord- ships cymaiaiuls, we have called un assembly (a copv of the prociarnaiion for that purpose beint; herein inclosed) we cannot think it prudent or safo to let them sit ; they being of the sume ill huiiior or worse as when Gove went into arms, his desi^^n being hatcli'd at the time the absenibly sate. And it looks more like a design, they having those four constables into theassemhiy ihat ilie kinj^-s peace may net be preserved (the whoie number €f the assembly being eleven :) This Wadly being formerly an assembly man and hcith three sonscondcunfd in Gove's rebellion (and himself now chosen again) the oidest of theai I hivc pardoned, one of iheni is dead and the oti:er J. keep in pri->oii tid I leceiveyour lordship's further order. All the other oficuder>5 being pardoned. M.Jor Waldrons son is con« stantly of the asseinbly and speaker (this being the thu'd that hath been called) I wish his majesties clemency do not cause some great mischief to be done here. They ha> e never given Tiro pence* to the support of the government and th.*t very rate that was made in the time of president C\itt and Waldrr n we have according to his majesties royal commissiori continued ; but do not think it safe to publish it, unlesse we hud su-ength to countenance our proceedings. This we conceived our duty to infornti your lordships, and are, Mav it please yotir lordships, Your nnost humble and most obedient servants-, The appllants claim bv grant"^ EDW. CR AN FIELD, froni .^Ir. Mason ; and as for RC Bt. MASON, Wadley he hath been these i WALT. BAREFOOT, sixteen days in the countrey. j R. CHAMBERLnlN, and tho' I have heard much of j JOHN HINX.S, him, I have not yet seen him.J JAMES SHERLOCK. To the right honbie. the lords of the committee of trade and planlacon, ad VVhitehaU. N°. XXXHL Co/irj of a letter from Cravjield to i>zr Leoline Jenkins of the name clalL ?vl ly ii please your honour, {Council records.") E humbly he'< after your honor hath perused this letter to the. lords of the council, you would be pleased to lay it before their iordships and desire their lordships to come to some speedy resolution ; for it is no longer in ray power to promote the honour and interest of his majesty here, without a small fregate to second his majesty's broad seal and other his rojal commands. As to the pirates your honoui may beassur-^ ed that myself and the council will punish them according to their de- merits, if they shall at any time happen to come within this jurisdiction j and carefully obey all other comniands which shall be sent unto, May it please your honour, your honour's most humble and most obe- dient servant, EDW. CRANFIELD. I most humbly beseech your honour by the first opportimity, to send the king's letter to give me liberty to go off to Jamaica or Barbadoes for * Tlie first assembly voted two hundred pounds to ths governw, but it is not Wttftil^ that he accepted it though he consented to tlK ac. *"' 33S APPENDIX. my health ; finding so ^reat a weakness in my legs, "which incfisposiUtM?! hath bin contr.^cteci • y '^e severity of the Cj!c1. To the Ri'fi,ht Honourable Sir Leoiine Jeruuns one of his majesty's pi'incipul secretaries cf 't te at Whitehail. [The (wo preceding Jiap.i-rs are in the council minutes 2d Book.^ No. XXXIV. Cofiy of Mr. Weare's Jirsi coinfilaint against Cranfield. To the king's most excellent majesty and the lords of his most honour«-, able privy councill, I ME humble represent jtion of Nuthanael Weare, inhabitant and planter in your majeslv's province of New-Hampshire in New- England in America, on behalf of hnijself and other your niujesty'b loval subjects, inhabitants ctnd planters there, whose names ai e subbcribed to the jRdu;' annexed pelitions, ds ;<;ilovvs : 1. That the hon. Edward Crcnfield, Esq. your majesty's gjoverr.or of the said province, upon his first entrance on tlmt j^ovcrnment, in cder to the enlargement of ills power as goveinur chere beyond the just licunds and Iin)iis your meijesty was by your royal conimissifn pleased to sett him, and to eng;rosb the whole power of erectini; couits, with all nect-ssa- ry fees, powers and authorityes thereto into his owne bands, exchisive of the general assembly there. The said Mr. Cr.infield at tne first general assembly there when the words of his commisbion ranne, "And we do hereby give and lijrant unto you full po^ver and auftiority to ♦* erect or constitute and establish such and see many courts of judic:aure "and pub'iique justice within the said province and jjuntacon within your " 'government, as you and they shall think fit and necessary for the hear- "ing and determining of ai! causes, as well crimina.l as civil!, according " to law and equity, and for awarding execucon thereupon, with all rea- "sonabie and necessary powers, authorityes, fees and priviicdges belong- *'ing unto them," caused his commission to be entred in the coi'ncill bookes there and delivered a copy thereof to the general assembly with- out the words [and thcyj, affirming those words to have been put in by mistake of the cierk in engrossing the commission ; a\ hereby the said Mr. Cranfield has en'ianced the fees upon tryah there to his own advan- tage, as will appeare in one of the articles following:, 2. Although your majesty has been graciously plea ed by your said commission to interpose between the inhabitants of the said collony and Mr. Robt. Mtxsnn, firct ended proprietor thereof, and to direct, ' That on non-agreement between those inhabitants and Mr. Mason^ the said Mr. Cranfield should interpose, who if he could not end the dif- ferences between, was by the said commission directed to transmit to England such cases impartially stated, with his opinion and reasons on the same, that your majesty with advice of your privy councill might heave ami determine the same.' That nevertheless the said Mr. Cran- field, instead of keeping himself indifierent between the contending par- ties, Mr. Mason and the said inhabitants, hath by purchase or mortgage from Mr. Mason made niinseif owner of the province : And the better to come by what Ke hcith so.e purchased, he hath under colour of the au- thority of vour majesty's commission made couits, whe'cof both judges and jurors have giced with %iason for their own lands, and some of themi have taken grants from Mason ©f other mens lands. That never-* APPENDIXw S3® theless this juiy is contmued from month to month and "kept for this service. Thai Mr. Mason iir.s cast forty persons on suit hj that jury, the court rejecting- all pieab unci thou::h the veidici. be !>'- lampshiie sliouid refuse to agiee vviih tl.e said Mason you should interpose, and ende svour to lecoficiie all diH'eiences, which jt you could not bring to e-Tect, you weie then to send to his majesty such ca->es laire- ly and in)partially stated, tos^ether with your opinion, for his maje.->ly's de- termination ; in stead whereof you have caused courts to be held in New Hampshire, and permitted titles of land to be decided there, and ijnreasonabie costs to be allowed, without first re^'rcsep.tini! the ,.enicu- ler cases to his majesty And yet although it be r;s inujesiy's lu.k.oubt* ed prerogative to set ^nd determine the price and vaiiew oi coyi'e with in his majesty's dominions, you have not done well in direcdng any alter- ations therein without his majesty's specidl order : In both which yoti have been wanting in your duty to his majesty. But that the chiefe oc- casion of dispute that province may be removed, we are farther diiected to acquinc you that as to the differences dej ei-idinj;- between the said Robt. Ma'^on and the planters, his ujajesty hati) been sj,raciou&iy pieased by his order in councill, dat. the 8th of this instant April, to permit Wil- liam Vaui;han, one of the complainants attending this board, to appeaie to his majesty with in a fortnight from the date of the said order from all the verdicts and judgements given in New-Hampshire in his private case, upon hearing wheicof, and by the reuition it has with others, his majesty will be best able to judge of the right and titie of the said Robt. Mason to that part of the province of New-Hampshire : And his majesty doth likewise thinke lit that upon bringing the said appeaie by the said WiUiam Vaughan, ail proceedings at law relathig lo the said title doe forth with cease until his majesty's pleasure be known. Where- of you are to take notice and to govern your selfe accordingly. And s© we bid you very heartily farewell. From the councill chamber at "Whitehall, the 29th day of April, 1685. Your loving friends, (Signed) W. Cant. Bridgwater, Guilford, C. S. Chesterfield, Rochester, Sunderland, Halifax, P. Craven, Ciarindine, G. P. S. Aylesbery, Beaufort, Midieton, Lindshy, Godoiphan, Arlington, J. Ernie, Hunington, Geo. Jalfrey)j| Birected to our loving tViend Edw. Cranfield, Esq. lieut. governor and commander in chief of his majesty's province of New-Hampshire in N» Exigiand. APPENDIX* 54S No. XXXIX. AFTER our hearty commendation : His majesty hath received th« petition ana •. ppeale of Wm. Vauglian, inhabitant of New-ilanip- fchire, from severi.ll ^erciicts and judcijments given against him in that province, which bein< refered to us by his majesty's ( rder in councill of the 29th of April last, th .t we should examine tne allegations thereof, and Hike report ol the same, with cur opinion therenpt.n, wee have uc- cord'ns;Iy appoint, d to heare all parties concerned in the beverall cases therein contained, on the first Tuesday after mitisunimer day which shall bi; iit ;he vear 1686 : To wnic'i end we herewith send \ou a cnppie of the sai i pcti'ion and appeale, which you are to ccmnjiinicate unto Robt* MaSon. esq and to all others wlionie it may concern, who are to take notice thereof, and to give their attendance at that time either by ihem-» selves or by their agents sufi dentiy impowered by them, to answer the said appeale, a.,d to submit to such judgment hereupon as his majesty in covincili shall be thou:;ht fitt. And you ate likewise to permit all per- sons to have free accesse to, and lake copies ot all records with in that province relating ;o tue matters in dispute, and to depose upon oath what they hno\T concerning the same, which depositions are to be taken in writing by any of the members of the councill or justices of the peace ill that province, without any hinderance or discouragement whatsoever, iti ©rder to be transnutted unto us, for the clearing of truth in that appeale. And so we bid you heartily farewell. From the councill chanjbei ic) Whitehall, the 22d day of May 1685. Your iovin- friends, Guilford, C. S, Rochester, Halifax, Pr. Clarindine, C. P. % Ormond, Sunderland. Lieut, gov. of New-Hampshire, or com-i mander in chiefe fcr the time being. [^The two fireceding fiajiers are in the fiosseasion of John PenhalloWji Mguire. No. XL. To the king's most excellent majesty. The humble petition and address of your majesty's dutiful and loyal subs* jects inhabiting in the province of New-Hampshire in New-England* [16'85.] Most humbly sheweth, I HAT your majesty's loyal subjects of this province, had for more than fifty yeares been peaceably posseised of the lands lately •huHenged by Mr. Mason, and having found the ;ame an utter desert and forest land, with excessive cost und hard labour reduced the same to a tollerabie support of our selves and familyes ;ind lately maintained the same with a vast expcnce of our estates and lives against the incursions of a barbarous enemy who had otherwise reduced the same to utter con- fusion. That upon his late majesty's declaration and order for the settlement and government of this province, wee accounted ourselves happy for that therein we were by his said majesty's princely grace and favour, saved from the unreasonable demands which Mr. Mason might have made up- on us, by the limitations in the commis.icn for government, wherein it: was provided that the said president or governor for the time being, ghould usq all methods by his good advice to settle and quiet the people 344 APPENDIX. m the matter of Mr. Mason's titlci or otherwise impartially to ' stale llit case and report the same to his majesty, that a finall determinntion might thereupon have been made by liis majesty in councell, which if it had been duiy attended hdd we do\ibt not lon^ since by your majesty's jus- tice and favour putt us into an liappy estate of quiet and repose. That noiwiihsianding his said majesty's command and limitation, the said Mr. Mason hath been allowed to pursue many of the inhabitants, in severall suites and actions, wherein the government have taken to them- selves power vjf an absohue judgment witnout sny regard had to the said commmds and limitdlions. and witii that excess and ris^or as to a3si;2,-ne the said Mr. Mason soruetimes tenn pounds, other times twenty pounds Costs, when damay^es have been sometimes not above two shillings, very tSeidom ten accordia ^ to the orders and limitations abovesaid. That tlie said Mr. MasoTi beyond and beside tlie said quit rents, and di- rectly at;Jn-.t his majesty's orlcr in the said comn.ission, wherein the tenure of mvproved luutls is asstn-ed to the ter-tenants upon payment of the Slid quilt reat, or otheiwise as his majesty in council! sfiould deter- mine, Irath disposed or t^iven away the fee to several persons of several lands wnich were lon^e before his challenoe fenced and improved by others, to the j;;!e:tt damai^-e and injury of his majesty's good subjects, beside many other irregularities in the manaj^cment of the government, to the g'.'eate oppression and destruction of trodc within your niajestyV provmce, and the utter impoverishinu; thereof. That for the last two yjeare's and upward durelng the whole iDanage» Tnent of Mr. Mason's suits at law against your majesty's subjects, there hath been geneialiy one jury returned to serve all the said issues with little alterations and ahnost co istanlly one foreman, (who for that end wee are apt to fcare) was early compiled with by Mr. Mason for all the lands in his ownc possession formerly, with addition of several other lands to his owne proffitt. Tiiat notwitlisiancling your majesty's late gracious order, and inhibit- ing of any further procedure in tne case 6f Mr. Mason's title, until the cause \vere brought before your majesty in councill, Mr. Waiter Bare- foote who was left deputy governour, hath since the arrival of your majesty's commatids permitted executions to be extended, and persons thereupon imprisoned in causes concerning: the said Mason's title, with ex^cessive and unrca'-.onable costs and damages. And lastly, whereas j'our n>ajesty hath upon complaint made against the irregular proceeilings done and sufTeved, been graciously pleased to permit Mr. William Vaughan, one of the principal inhabitants and mer- chants in this province, to take his appeale to your majesty in councill for reliefe, against severall oppressive judgments, one whereof leferrs to the titie of his lands within this province holden in the same forme with the rest of his majesty's good subjects here, wee do with all hvmible grat- itude acknowledge your mujesty's justice and favour herein and for that the pursuance and issue of the said appeale will therefore necessarily aficct the whole province and be introductory to the detennination of all Mr. Mason's challenge, wee have judged it our duty in most humble manner to prcsira'.e ourselves at your majesty's feete, and have there- fore betrusted and iuUy impowered Mr. Nathaniel Weare one of the in- habitants of this your inajesty's province our agent to' lay before your majesty and most honorable privy council the conrimon case and condi- APPENDIX. 345 tion of your majesty's pao-e i.nd dis!idsed si)l)jects in this province, who is fully instructed humbly to represent the same, and the arbitrary and severe oppressions wee have laboured under, from which wee are well assured of reiicfe by your majesty's most just and i^iaciovis determincuion, and to ma'ie an humble and entire submission of ourselves unto your majesty's pleasure, most humbly beseeching that wee may hence for- ward have our perfect and immediate dependence upon your majesty and the cro--n of fuiL^land as weii in the tenure of our lands as in the affairs of government, which gracious influence of your majesty is only able to revive and restorie thi^ piovince to its former flourishini; estate and growth., whereby vve may at length be made serviceable to your most s icred majesLy and the crovvne which aee are devoted to serve, re- solving therein tube exemplary to all otner your majesty's subjects in the , territory of New Eni!;land, and for which v.ee snail c\er pr^-.y, &c. ^This pafier is in the hands of the Hon. fit'esident WeareT^ No. XLI. " , At tlie court at Whiiehail the 19rh of November 163S. (L. S) Present, The king's most excellent Majesty. Loid Chancellor, E. of P.ymouth, Ld Treasurer, E. of Morr uy, Ld President, E. of Middieton, Duke of Ormond, E. of Melford, D of Albermarle, E. of Tyrconnell, D. of Beauord, Viscount Stuuronbergj Ld Chami)er;ain, Vise. Prestf-n, Earl of Oxtord, Ld Bp of Durham, E. of Huntii.i^ton, Ld \rrundell of Wardour, E. of Peteiborough, Ld Dartmouth, E. of Craven, Ld Dover, E. of Powis, Mr. Chancellor of the exchequer, E. of Nottingham, Mr. Chancellor of the Dutchy. UPON readiu'^ this day at the board a report from the honble the lords of the committee of co\mcii for trade and foreign plantations,, bearing date the 6th day of November instant, setting forth, that in obe- dience to his majesty's orders in council of the 25th of April 1685, and the 3tl oi July last, they have examined tne appeal of Wm. Vaughan from, a ve'dict and judgment given against him on the 6th day of Noveniber 1683 in hi>i majesty's courts in New-Hampshire in New-England, at the suit of R()()ert Mason Esq. as proprietor of that province for certaia laivls and lenements in Portsmouth hi the said pro«Jince, and that they having heard the said Robert Mason and Nathaniel Weare attorney for the appehant and his council learned in the law, are humbly of opinion that his majesty be pleased to ratify and affirm the verdict and judgment afoiesaid. His majesty in council vvas pleased to approve of their lordships said opinion and report, and to order the said verdict and judgment given against the said William Vaughan on the sixth day of November 1683, in his majesty's courts in New-Hampshire in New England, at the suit of Robt. Mason esv|. as proprietor of that province, for certaine iands and tenements in Poitsmouth in said province, be ratified and affirmed, and they are hereby ratified and affirmed accordingly. WM. BRIDGEMAN.. XJ II 8i6 APPENDIX Vera copia, per Richard Partridfje, clerk. Copy as on file in the case, Alien vs Waldron, Exam, per Geo. ^Taffiey, CI. No. XLir. Pour letters or fietitions from John Hoj^kins, commonly called Hakins, one of the sachcmff of the Penacook Indians. ^jFrom the originals in the Recorder's office7\ Honour gouernor ray friend, May 15ih, 1685. YOU my friend I desire your worship and your power, because I hope you can do som s^reat matters this one I am poor and naked and I have no men at my place because I afrair? a'lwayes Mohogs he will kill me every day and night. If your worship when please pray help me you no let Mohoy,s I. ill me at my place at ?*la'amake river cal- led Panukkog and Nattukkog, I will subiTiii your worship und youi pow- er. And now I want pouder ;tnd such alsninishon,shattaiid guns, because I have forth at my horn and I plant theare, This all Indian hand, but pray you do consider your humble servant, JOHN' HOGKINS. Simon Detogkom, Peter 3 R<,t)in, Joseph X Traske, Mf. Jorge + Roddunnonukgos King IkHary, Mr. Hop<^. X Hoth, Sam IV Linis, Jolm + Toneh, Wapeguanat Jj, Sag-uachuwashat John a Canowa, Old Robin JV, John x Owamosimmin, Mamanosgues 3 Andra, Natonill f Indian. Another from the same. Honour Mr Governor, May 15, 1685. NOW this day I com your house, I want se you, and I bring my hand at before you I v/ant shake hand to you if your worship when pie ise then you receve my hand then shake your hand and my hand. You my friend because I remember at old time when live my grant favher and grant mother then Englishmen com this country, then my grant father tind Englishmen they make a good govenant, they hiend allwayes, my grant father leving at place called Malamake rever, other name chef Naruk- kog and Panukkog, that one rever great many names, and I bring you this few skins at this first time I will give you my triend. This all In- dian hand. {The rest as before.} JOHN + HAWKINS, Sagamor. Another from the same. Please your worship, I WILL intreat your matther you my friend, now this if my Indian he do you long pray you no put your law because som my Indins looll, som men much iove drunk then he no know what he do, n»uy be he do mischief when he drunk if so pray you must let me know what he done because I will ponis him what he have done, you, you my friend if you desire my business, then sent me 1 will help you if 1 can Mr. JOHN HOGKINS. APPENDIX. 347 Another from the same, Mr. Mason, PRx\Y I want sp6:il in pre.-icnce of one of the king's justices of the peace. i i.ci! ii luiy vU'C'i Imhuii siiad designc any mischief or harme to the Eni';)ish, the Indians inhaoiling the afoicsaid pi■o^■it.ces shall give present notice thereof to the English, and shall assist the English. Tiiat so long as the aforesaid intlians shall continue iij friendship with ■the English, they shall be protected against the Mohawks, or any others, and may freely and peuceubiy set downs by the English near any iheiv plantations. Robert Mason, Walter uarefoote, HobenEiiioi, Henry Green, John Davis, Francis fiookc. The rnai'k of f ISiciar.ciov.it. Th . mark 4- (^f Wahowah, alius Ilopeliood. The mark ^ of Tecamorisick, alias Jo:^ias. "t he mark c/: of Jopn Noniony, alias Upsawah. The mark \V.of Umbesnowah, a!ia^ Robin. Wc whose nan\es are hereunto written do freely consent and engage r-l (.f)iT;ply and perform the within wiiuen articles as our neighbours have done, and do fmihcr engage as ioiloweth : Lastly, Th;it the Indians shall not at any time hereafter remove fiom any of the English plantations with their wives and cliikhcn bctore they have iriven fair a»Ki timely notice thereof unto the English, from whence ihey do so retnove ; and in case the said Indians shall remove with their wives and children nvithciit such fair and timely notice given to the Eng- iiih, that then it ^hall be taken pro coni'esso that the Indians do intend and designe war with the English, and do thereby declaie that the peace ib broken ; and it -efhall and niay be lawlul to and for the Englisa, or any ftility'against them until the 5agan;eres shali make lull satisfaction for all charge and damage that may arise thereby. John Davis, Francis }Iooke» 'i he mark of Nctamljomet, sagam. of Siico. The mark ^ ^^ Waiiowuh, ali:,s iiopchoodo APPENDIX, S49 Tiie mark ) of Ned Higsron. The mark 3 of Newcome. Kaiicatuagus, alias John Hawkins, sae;araore, signed this instrument, 19 7ber, 1685, his G mark. Bagesson, alius Joseph Traske, O his mark. And agreed to all within written. Testis, JOSEPH RAYNw No. XLVI. Portsmouth, the 7th of Sept. leST", To the mucli honred cort now sitting in said Portsmouth, for the pro* uince of Ncwhampshir, The humbel petishon of William Houchins, on of his magesty sub- gicts belonging lo said prouinc, humbly seweth for aduic, ade and re- iefi"in his deplorabell estat and condition. THAT whereas it has plesed God to lay his hand uppon him, and that hee is in such a condition not being abeli to heip him selflF, as to the geting a liuing or proquering help or reniedy for my distem- per, being low in the world, and hauing useed all the menes and aduic posabell for neve fine years pust ; hauing bin informed by som that it is a distemper caled the king^s euell*^ so can nc t be qureed but by his mag- esty. Hauing iittell or nothing in this worid, if my liff should go for it am not abeli to irancsport my seltf for England to his Raa.^esty for releff ; thareffor humbly and hartly beg the heip, ade and asistunc of this honred cort, that thay would so far commiiserat my deplorabell condition as order som way ether by breff or any other way that youer honors shail think most meet to moue the harts of all cristen people with compatir n to be- sto somthing uppon mee, to trancsport mee lor England, whar. God wil- ling, I intend foith with to goo iff posabeli, but without help not posa- beii. This humbiy leuing my seiif in the sud condition I am in, trust- ing in God and youer honors for help and aduice, subscrib youer per de- pluiabell suruuht, WILLEAM HOUCHINS. * This petition is inserted merely as a curiosity. I was a received ofiin^ ion ill that day that the diiitemfier called the king's evil could be curtd only by the royal touch. The following advertisement taken from an old Lon- don gazette is of the same nature. -'■ These are to give notice, that the weather growing ivarme, hia majesty zvill not touch any more for the evil till towards Michaclmass. .dnd his majebtr/'s chirurgeons desire to prevent his majesty b^ing defrauded., that greater care be taken for the future in rcgiatring certificates given to such as come to be touched.'" London Gazette May 29, 1682. No. XLVH. A letter from Secretary Addington to Major Waldron, apprizing Mm of his danger from the Indians. [The original in the hands of the hon. Thomas Westbrook Waldron.^ ^Honble Sir, Boston, 27 June 1689. 'HE governor and councill haveing this day received a letter from Major Henchman of Chelmsford, that some Indians are con^e in- to them who report that there is a gathering of some Indians in or about Peneccoke, with designe of mischiefe to the English. Among the said Xndians one Hawkins is said to be a principle designer, and "that they 350 APPENDIX. have a particular designe against yourself and Mr. Peter Coffin, which the couiKili liiought it necessary presently to dispatch advice thereof to give youiiotice, lliul you take care of youi own safeguard, they inlending to enaeavour to betray you on a pretention of trade. Piease for.uvvith to biij;nify tlie import hereof to Mr. Coffin and others as you -jhail thinke nece-^- r, anil acivise of what imformations you may at «ay tiaie icceive uf the Indians mulions. By Drder in councill, ISA. ADDINGTON, Secy. For Major Richard Waldren and Mr. Peter" Coui.i, or either of them alt Cochecha these with all possible speed. No XLVin. Cofiy of an address of the general court to Queen Anne., Decern. 6, 1709. I Council Minutes.^ To the queen's most excellent majesty. Th« address of yom- mujesly's most duiifui and loyal subjects, the gov- ernor, council, and repiesenttttives of your majesty's province of New lis opshire in Nevv-England, convened in general assembly, Most humbly shevveth, ^l . A r in the midst of the cjreat distresses, that your majesty's most Uutilui and ioyal bub,ects of this ynur majesty's province were in- voivc'-i in, by the fiequenl incuibions of our ill neii^hbours the French of Cun. . A thcii dependent Indians, to the great hurt of our plantations and :. ei.ts your oacied majesty iias been pleased of your royal boun- ty am. passion to supply us with a number of cannon and stores for ou'" defence, the receipt whereof has invigorated and encouraged us in the defence of our frontiers, and our marches against the Indians in their secret lete^ses in the v.oods* whicU a'c always and still successfully put forward by j;our majesty'ti governor for our security, to our perfect satis- fac.ion. Tij.it while we were thus defending ourselves and families, against the common enemy of the repose of all your majesty's British subjects in the piahti^iions abioad as well as in Europe, we were pursued by the chal- ienge of Mr. Alien iov the lands and soil under cur feet, which we have this sixty years defended with our lives and estates, as well as .uu assist- ance of our good nei.;hboura of your u^: jcsiy's colony of the Massachu- setts, your majesty of your royal and prii.cely regaid to us has dismissed that ciial:enge, which will lore^er encuurat'e us to our utmost power to defend this your majesty'^ province, since we may now hoj)c to leave our children in the possession of the counti y, with an entire depcndi.nce up- on your majesty and youi royal successors without the Janger uc any further unjust challenge iioai those persons that have so long disturbed us with tlieir claiuis. And whereas your majesty out of a gracious regard to this and other ynui provinces in these parts of Amciica, was pleased to form a design against the French seltlemenls at Canada and Nova-Scotia the last sum- mer, but a more important service in Europe rec-iuiring your majesty's forces which were intended hither, whereby that desii^n is laid aside for the present ; we most humbly pu.y yoxir majesty that it may consist with your royal pleasure to revive the said design, and that the expedition btely intended may be prosecuted seasonably the next spring ; and that APPENDIX. 851 your majesty's arms in Amcica may have a glorious success as in Eu- rope, to the utter confusion ol your enemies, and lasting repose of all your majesty's good subjects inhabiting this continent. We most humbly rendei- our everlasting praises to Almighty God for your majesty's most glorious successes against the tyri'nny and usurpation of the French king and heartily pray for your majesty's long life and happy reign and the continuance of the protestant succession, for the benefit of your majesty's subjects of Great Britain, of all your majesty's dominions and plantations, and of all Europe who have had the unspeakable benefit of your majesty's unparalleled reign. We are your majesty's most loyal and obedient subjects, Mark Hunking, speaker. Signed in presence and by order of the House of Representatives. Cha. Story, secretary. Signed in the presence and by order of the Council. Portsmouth, in NcNv-Hampshire, 6th December, 1709. END OF THE FIRST VOLUME,