YALE UNIVERSITY
LIBRARY

'KM EMIT JBEJLK^AP, JD.JD 0

Bom June 4 J' 174 4 |
Died June 2 0*179 8. j

Ag-ecL 54.

THE
HISTORY OF
NEW- HAMPSHIRE.

BY JEREMY BELKNAP, D. D.,
Hi ' '
EMBER OF THE AMERICAN PHILOSOPHICAL SOCIETY, OF THE AMERICAN ACAD
EMY OF ARTS AND SCIENCES, AND CORRESPONDING SECRETARY OF
THE MASSACHUSETTS HISTORICAL SOCIETY.

FROM
A COPY OF THE ORIGINAL EDITION,
HAVING THE AUTHOR'S LAST CORRECTIONS.
TO WHICH ARE ADDED
NOTES,
CONTAINING VARIOUS CORRECTIONS AND ILLUSTRATIONS OP THE TEXT,
AND ADDITIONAL PACTS AND NOTICES OF PERSONS AND
EVENTS THEREIN MENTIONED.

BY JOHN FARMER,
CORRESPONDING SECRETARY OF THE N. H. HISTORICAL SOCIETY.

VOJL. I.

DOVER:
S. C. STEVENS AND ELA & WADLEIGH.
1831.

DISTRICT OF NEW-HAMPSHIRE— So unit ¦
District Clerk's Office.
Be it remembered, That on the eighth day of February, A. D. 1831, and
in the fifty-fifth year of the Independence of the Unrt*ed"States of America,
George W. Ela, George Wadleigh, and Samuel C. Stevens, of the said
District, have deposited in this office the title of a book, the right whereof
they claim as proprietors in the words following, viz :
" The History of New-Hampshire. By Jeremy Belknap, D. D., Member
of the American Philosophical Society, of the American Academy of Arts
and Sciences, and Corresponding Secretary of the Massachusetts Historical
Society. From a copy of the original edition, having the author's last cor
rections. To which are added Notes, containing various corrections and il
lustrations of the text, and additional facts and notices of persons and events
therein mentioned. By John Farmer, Corresponding Secretary of the N, H.
Historical Society. Vol. I."
In conformity to the act of the Congress of the United States, entitled "An
act for the encouragement of learning by securing the copies of maps, charts
and books to the authors and proprietors of such copies during the times there
in mentioned j" and also to an act entitled " an act supplementary to an act
entitled an act for the encouragement of learning by securing the copies of
maps, charts and books to the authors and proprietors of such copies, during
the times therein mentioned, and extending the benefits thereof to the arts
of designing, engraving and etching historical and other prints."
CHARLES W. CUTTER,
Clerk of the District Court of the United States,
for the District of New-Hampshire.
A true copy of Record. — Attest —
CHARLES W. CUTTER, Clerk.

ELA AND WADLEIGH, PRINTERS.

EDITOR'S PREFACE,

The first volume of the History of New-Hampshire was pub
lished at Philadelphia, in 1784, with the following title-page :
"THE HISTORY OF NEW-HAMPSHIRE. Volume I.
Comprehending the Events of one Complete Century
from the Discovery of the River Pascataqua. By Jere
my Belknap, A. M. Member of the American Philosophical
Society held at Philadelphia for promoting useful knowledge.
Tempus edax rerum, tuque invidiosa vetustas,
Omnia destruitis : vitiataque dentibus sevi
Paulatim lenta consumitis omnia morte.
Ha3c perstant. Ovid.
Philadelphia : Printed for the author by Robert Aitken, in
Market Street, near the Coffee House. M. DCC. LXXXIV."
The author was then the minister of Dover, and it being diffi
cult for him, at such a distance from the press, to superintend the
publication of the work, it was entrusted to his friend, Ebenezer
Ha-MlELVj Esquire, a gentleman well acquainted with the history
and antiquities of our country, who faithfully executed the trust
committed to him.
The. second volume of the work was published at Boston in the
year 1791, after the author had removed from New-Hampshire,
and had been installed over the Congregational church in Federal
Street. The title of this volume is as follows : " THE HISTO
RY OF NEW-HAMPSHIRE. Volume II. Comprehending
the Events of Seventy Five Years, from MDCCXV. to
MDCCXC. Illustrated by a Map. By Jeremy Belknap,
A. M. Member of the Philosophical Society in Philadelphia, and

jv PREFACE.
of the Academy of Arts and Sciences in Massachusetts. Printed
at Boston for the Author, by Isaiah Thomas & Ebenezer T. An
drews, Faust's Statue, No. 45, Newbury Street. MDCCXCI.'
It is believed that there was a reprint of the first volume soon a
ter the publication of the second.
The work having been nearly all sold, a new edition was callec
for by the public in 1810, and Mr. Samuel Bragg, of Dover, com
menced the printing of it from a copy, into which had been tran
scribed the marginal notes and corrections made by the author at
different times in a printed copy which he kept for this purpose.
The printing had not proceeded far before the office of Mr. Bragg,
with his printing materials and the corrected copy of the first vol
ume, which contained nearly all the corrections and additions
made to the historical part of the work, was consumed by fire. A
new edition however appeared in 1812, printed at Dover by John
Mann and James K. Remich, for 0. Crosby & J. Varney, but
without the advantages of the corrected copy of the first volume,
which had been used by Mr. Bragg, and which it was supposed
could never be replaced. Some of the copies, and it is believed
a considerable part of the impression, have a false title page, pur
porting that the work was published at Boston by Bradford & Read,
and that it contains " large additions and improvements from the
author's last manuscript," but it is not apprehended that either
the original publishers or printers had any agency in such a gross
imposition on the public.
After the copy for the present edition had been prepared for the
press, I received from John Belknap, Esquire, of Boston, son of
the venerated author, a letter respecting the work, of vvhich the
following is an extract. " When I sold to Mr. Bragg and Mr.
Varney the corrected copy, with the right to print an edition,
with the corrections, two other copies had all the corrections trans
cribed into them, and remain in the family. My object in writ
ing, is to offer you an opportunity to avail yourself of these cor
rections, in case you proceed in the publication, which may be
done, by exchanging one of these corrected copies, for a copy of
your new edition." I lost no time in accepting the kind offer of
Mr. Belknap, and soon received the copy which had been corrected
by the author, together with the original appendix which had been
prepared by him, and in his hand writing. The corrections and
additions of the historical part have been introduced into this vol-

PREFACF,. v
ume ; and the appendix of original papers and public documents
has been printed from the manuscript copy of the author.
In the Notes which I have added to the work, endeavors have
been made to correct the errors occasioned by the author's reli
ance on the authenticity of the Wheelwright deed of 1629 ; to
supply some facts which had been omitted for want of information,
and to give short biographical notices of some of the most promin
ent characters mentioned in the course of the history. The notes
which I have added are included within brackets.
At the head of the left hand page, is the running title of the
former editions ; at the head of the right hand page, stands the
name of the governor or chief magistrate for the time being. The
authorities, which were placed on the side margin of the former
editions, are here placed next after the text, at the bottom of the
page. The references to them in the text may be sometimes mis
placed, as none had before been used, but they are believed to be
generally correct. In spelling the names of persons, autographs
have been followed, whenever they could be obtained. This has
occasioned a difference in the orthography of the names of Andros,
Chamberlain, Cutt, Endecott, Godfrey, Holyoke, Leveridge,
Moodey, Wheelwright and Wiggin, which were before printed, An-
drosse, Chamberlayne, Cutts, Endicot, Godfrie, Holiock, Leverich,
Moody, Whelewright and Wiggen. The. name of Pickering was
often, at an early period, written by those bearing it, Pickerin.
The name of Hinckes which occurs a number of times in the
text should probably be Hinks. The spelling of the names of
places has been altered in a number of instances ; and the orthog
raphy of common words and the punctuation have undergone
some changes. The latter might have been still further improved.
In all these alterations, great care has been taken to preserve the
text unimpaired, and no changes affecting that have been allowed.
A copious General Index, embracing every important subject
and every name in the text, notes, and tables to the 418th page,
has been prepared with considerable labor, but is necessarily omit
ted. It may, however, appear with the second volume.
Concord, 2 February, 1831.

CORRECTIONS.
Page 4, icherrfurc, in the Gth line, should be whereof.
74, Pcquawet, in the 18th line, should be Pequawket.
100, in the 2d and 3d lines of second note, 9 December, 1687, may ba
substituted for about the year 1689.
110, after to, in the 20th line, be should be inserted.
116, insert the name of John Cummings as one of the founders of the
church in Dunstable.
133, is, in the 11th line, should be his. ,,,,,.
144, thefiguresl3 against Groton, and under Wounded, should be placed
under Capt'd.
164, council, in the 14th line, should be counsel.
166, Gen-men, in the 8th and 9th lines, should be Gentlemen.
285, St. Frances, in the 19th line, should be St. Francis.
292, Shattack's in the 9th line, should be Shattuck's.
33C, Charlestown, in the 9th line, should be Charleston.
355, neat, in the 40th line, should be net.
390, which, in the last line of the text, should be with.
410, the year 1681, preceding Job Clements, should be placed before
Robert Mason, and the year 1717, after Job Clements, Dover, should
be 1683.
411, the year 1745, in the first note, should be 1715.
412, Gamling, in the 7th line, should be Gambling.
413, the year 1778, in the 2d line, should be 1776.
416, the year 1669, in the 11th line, should be 1699.
" the list of Treasurers requires the following corrections :
1809, Thomas W Thompson, Concord, 1810.
1810, Nathaniel Gilman, Exeter, 1814.
1814, William Austin Kent, Concord, 1816.
418, the list of Representatives in Congress requires the following ad
dition : 1825, Nehemiah Eastman, 2 years.
" the year 1830, in the last line, should be 1823.
422, the JYos. 55 and 59, in the 20th line, should be 58, 59 and 62.
464, after they, in the 41st line, the word freely should be inserted, and
conferred, in the same line, should be confessed.
" continuance, in the 45th line, should be contrivance.
" admit, in the last line, should be attaint.
480, sew, in the 34th line, should be serve.
It may be gratifying to some readers to know something further respecting
the three men, who commenced the first settlement of New-Hampshire. —
The following note is therefore added.
Edward Hilton lived at Dover between fifteen and twenty years, and
then removed to Squamscot patent, or Exeter, and died about the year 1671,
leaving sons, Edward, William, Samuel, and Charles, who administered on
his estate, which was appraised at £2204. William Hilton removed from
Dover, and his name is found at several places, particularly at Newbury,
where five of his children were born. He was a representative at the Gener
al Court at Boston, at the March and May sessions in 1644. He finally re
moved to Charlestown, where he died 7 September, 1675. Of David Thomp
son I had concluded that nothing farther could be known than what is given
in the text and notes, page 5, when unexpectedly the Rev. Joseph B. Felt, of
Hamilton, Massachusetts, sent me from the Mass. Colony Records some ex
tracts, which enable me to state, that Thompson took possession of the island
known by his name, situated within the present limits of the town of Dorches
ter, in the year 1626 ; that he died in 1628, or soon after that time, leaving an
infant son, John, who, in 1648, claimed the island which belonged to his fath
er, as he had done before, and which was granted to him by the General
Court of Massachusetts. Descendants of the Hiltons are numerous in the
state of New-Hampshire, and in Maine. Of a name so common as that of
Thompson, it would be difficult to identify any of the posterity of the first
settler of Little-Harbor.

PREFACE
TO THE FIRST VOLUME.

When a new publication appears, some prefatory account of the reasons
which led to it, and the manner in which it has been conducted, is generally
expected. The compiler of this history was early impelled by his natural curiosity to
inquire into the original settlement, progress, and improvement of the coun
try which ga^e him birth. When he took up his residence in New-Hamp
shire, his inquiries were more particularly directed to that part of it. Having
met with some valuable manuscripts which were but little known, he began
to extract and methodise the principal things in them ; and this employment
was (to speak in the style of a celebrated modern author) his " hobby horse."
The work, crude as it was, being communicated to some gentlemen, to
whose judgment he paid much deference, he was persuaded and encouraged
to go on with his collection, until the thing became generally known, and a
publication could not decently be refused.
He owns himself particularly obliged to the public officers both in this and
the neighboring state of Massachusetts, under the former as well as the pres
ent constitutions, for their obliging attention in favoring him with the use of
the public records or extracts from them. He is under equal obligation to a
number of private gentlemen, who have either admitted him to their own
collections of original papers or procured such for him. In the course of his
inquiry, he has frequently had reason-to lament the loss of many valuable ma
terials by fire and other accidents : But what has pained him more severe
ly, is the inattention of some persons, in whose hands original papers have
been deposited, and who have suffered them to be wasted and destroyed as
things of no value. The very great utility of a public repository for such
papers under proper regulations, has appeared to him in the strongest light,
and he is persuaded that it is an object worthy the attention of an enlighten
ed legislature.
The late accurate and indefatigable Mr. Prince, of Boston, (under 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 years.
By his will, he left'it to the care of the Old South Church, of which he was
pastor, and it was deposited with a library of ancient books in an apartment
of their meeting-house. To this collection, the public are obliged for some

v|jj PREFACE.
material hints in the present work, the author having had frequent access to
that library before the commencement 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 Ameri
ca must deplore the irretrievable loss. Had we suffered it by the hands of
Saracens, the grief had been less poignant !
Historians have mentioned the affairs of New-Hampshire only in a loose and
general manner. Neal and Douglass, though frequently erroneous, have giv
en 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 things, which the others have omitted. His knowledge of the antiqui
ties of the country was extensive and accurate, and the public are much
obliged by the publication of his history ; but he knew more than he thought
proper to relate. The few publications concerning New-Hampshire, are fu
gitive pieces dictated by party or interest. No regular historical deduction
has ever appeared. The late Mr. Fitch, of Portsmouth, made a beginning of
this sort, about the year 1728. From his papers, some things have been col
lected, which have not been met with elsewhere. The authorities from which
information is derived, are carefully noted in the margin. Where no written
testimonies could be obtained, recourse has been had to the most authentic
tradition, selected and compared with a scrupulous attention, and with proper
allowance for the imperfection of human memory. After all, the critical
reader will doubtless find some chasms, which, in such a work, it would be
improper to fill by the help of imagination and conjecture.
The author makes no merit of his regard to truth. To have disguised or
misrepresented facts, would have been abusing the reader. No person can
take more pleasure in detecting mistakes, than the author in correcting them,
if he should have opportunity. In tracing the progress of controversy, it is
impossible not to take a side, though we are ever so remote from any personal
interest in it. Censure or applause, will naturally follow the opinion we
adopt. If the reader should happen to entertain different feelings from the
writer, he has an equal right to indulge them ; but not at the expense of
candor. The Masonian controversy lay so directly in the way, that it could not be
avoided. The rancor shewn on both sides in the early stages of it, has now
subsided. The present settlement is so materially connected with the gener
al peace and welfare of the people, that no wise man or friend to the coun
try, can, at this day wish to overthrow it.
Mr. Hubbard, Dr. Mather and Mr. Penhallow, have published narra-
tives of the several Indian wars. These have been compared with the pub
lic records, with ancient manuscripts, 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 stran
gers, but will be read with avidity by the posterity of those, whose misfor
tunes and bravery were so conspicuous. As the character of a people must
be collected from such a minute series, it would have been improper to have
heenless particular.
The writer has had it in view not barely to relate facts, but to delineate the
characters, the passions, the interests and tempers of the persons who are the
subjects of his narration, and to describe the most striking features of the
times in which they lived. How far he has succeeded, or wherein he is de
fective, must be left to the judgment of every candid reader, to which this
work is most respectfully submitted.
Dover, June 1,1784,

PREFACE

TO THE SECOND VOLUME.

When the first volume was printed, I had not seen the ' Political Annals'
of the American Colonies, published in 1.780, by George Chalmers, Esq.
This gentleman, being in England, was favored with some advantages, of
which I was destitute ; having access to the books and papers of the Lords of
Trade and Plantations, from the first establishment of that Board. He seems
to possess the diligence and patience which are necessary in a historian : but
either through inadvertence or want of candor, has made some misrepresen
tations respecting New-Hampshire, on which I shall take the liberty to re
mark.* In page 491, speaking of the first Council, of which President Cutt was
at the head, he says, ' they refused to take the accustomed oaths, as the Eng-
' lish law required, because liberty of conscience was allowed them.' In the
first volume of my history, page 91, 1 have said, ' they published the com-
' mission and took the oaths ;' for which I cited the Council records ; and 'on
recurring to them, I find the following entry, in the hand writing of Elias
Stileman, Secretary. < January 21, 1679—80.
' His Majesty's Commissioners, nomynated in said commission, tooke their
' respective oathes, as menconed in said commission.'
That the oaths were really taken, is a fact beyond all dispute ; but if there
is any ground for what Mr. Chalmers is pleased to call a refusal, it must have
been respecting the/orm of swearing ; which was usually done here by lift
ing the hand, and not by laying it on the bible, as was the form in England.
Was it a forced construction of the clause respecting liberty of conscience,
to suppose, that this indulgence was granted to them ? What other use
could they have made of this liberty, than to act according to the dictates of
their consciences ? Is it then consistent with candor, to publish an asser
tion, so worded as to admit the idea, that these gentlemen refused to obey an
* [It appears from the History of the Rise and Progress of the United
States of North America, till the British Revolution in 1688, by James Gra
ham, Esq., that Mr. Chalmers commenced his acquaintance with colonial
history in this country. Prior to the American revolul^on, he emigrated to
the American colonies, and settled as a lawyer at Baltimore, but adhering to
the royal cause, he returned to England, and was rewarded by an appoint
ment from the Board of Trade. The North American Review, No. LXX.
(January, 1831,) p. 179, has pronounced a severe, but probably just sentence
on the character of the work above mentioned.]

x PREFACE.
essential part of the duty prescribed by the commission, which they under.
took to execute ? Or is it consistent with the character which he gives of
the President, Cutt, p. 492, that ' he was allowed to have been an honest
' man and a loyal subject ?' The commission required them to take the oaths
of allegiance and supremacy, and an oath of otfice, which last is recited in
the commission ; but not a word is said of the mode and form, in which the
oaths should be taken ; neither was it said that they should be taken ' as the
' English law required.' They were therefore left at their liberty, to take
them in any form which was agreeable to their conscience, or their former
usage. In the same page (491) he says ; ' An Assembly was soon called, which, by
' means of the usual intrigues, was composed of persons, extremely favorable
' to the projects of those who now engrossed power.' And in a note (page
507) ' the Council transmitted to the towns, a list of those who should be al-
' lowed to vote,'
With what propriety can it be said that these gentlemen engrossed power,
when they were commissioned by the king; and it is acknowledged, that not
only their appointment, but their entering on office, was contrary to their
inclinations ?
That the persons chosen into the Assembly should be ' favorable' to the
.sentiments of the Council, or of ' the wise men of Boston,' was not the result
of any intrigues ; but because the majority of the people were of 'the same
mind. As to sending ' a list of those who should be allowed to vote ;' the
true state of the matter was this. The commission provided for the calling of
an Assembly, within three months after the Council should be sworn, by sum
mons under seal, ' using and observing therein such rules and methods, as to
' the persons who are to choose the deputies, and the time and place of meet-
' ing, as they (the Council) shall judge most convenient.' The mode which
they judged most convenient was, to order the select men of the four towns,
to take a list of the names and estates of their respective inhabitants, accord
ing to their usual manner of makiag taxes, and send it to the Council. The
Council then issued an order, appointing the persons therein named, to meet in
their respective towns, and elect by a major vote, three persons from each, to
represent them in a general Assembly, on the 16th of March ; and in the
order, there is this proviso, ' Provided that wee do not intend that what is
' now done be presidential for the future, and that it shall extend noe farther,
1 than to the calling this first assembly.'
Now as the rules and methods of calling an assembly, and the persons who
were to choose deputies, were left to the discretion of the Council ; what
more proper method could they have taken, than to call for a list of the in
habitants and their estates, and by that means to determine, who were quali
fied in point of property and habitancy to be electors ? And as the numbers
were few, and th.e persons well known, was it not as proper to name them at
once, in the writs, as to establish qualifications, and appoint other persons to
judge of those qualifications ; .especially when there was no law in force by
which they could be judged ? It is observable that each voter was ordered to take
the oath of allegiance, if he had not taken it before ; and in the list of names
m the book, a mark is set against several persons, who did not take the oath ;
and another against those who did not appear at the election. Has this the
appearance of intrigue ?
In page 492, he says, ' they were extremely slow in conforming to present
' requisitions, and passed no laws during the first session.' Having again
consulted the records, I find in the Journal of the Council this entry, ' At a
' general Assembly held in Portsmouth, the 16th of March, 1679 — 80. Pres-
' ent, .&c. Sundry laws and ordinances made at this session are in another
' booke, for that purpose.'
In that other book, a body of laws is recorded, in the same ha.nd writing,
viz. of Stileman the Secretary, which bears the following title ; ' The general
' laws and liberties of the Province of New-Hampshire, made by the general
' Assembly in Portsmouth, the 16th day of March, 1679— 80, and approved by
' the President and Council.'
It appears from the books, that this Assembly held four sessions within the
year, viz. on the 16th of March, the 7th of June, the 12th of October, and the
7th of December. As there is not a particular date to each law, but the whole

PREFACE. %i
Code bears the date of the first session in March ; it may fairly be inferred,
that the business was begun in the first session,- and continued through the
other three ; and when completed, was immediately sent to England ; for Mr.
Chalmers himself tells us, that ' the laws which they transmitted, in eonform-
' lty to their Constitution, had not the good fortune to please, and were disap-
' proved of, by the Lords of the Committee of Plantations, in December, 1681.'
From this statement it may be concluded, that they were not slower in ' es-
' saying their legislative talents,' than the necessity of proceeding with due
deliberation required ; and that there was no just cause for the reproach
which he has cast upon them.
In page 494, he gives this account of the character of the people of New-
Hampshire. ' When Cranfielo arrived, he found the Province containing
' four thousand inhabitants, extremely poor from the devastation of the Indian
' war. But when he spoke contemptuously of the country which he had been
1 sent to rule, he seems not to have reflected, that all colonies had once known
' the like paucity of numbers, the same weakness, and the same poverty ;
1 animated only by a dissimilar spirit from that of New-Hampshire, which
' now disdained that independence on her neighbors, that other provinces had
' contended for with enthusiasm. And other plantations, actuated by very
' different maxims, had not complained, even in their weakest days, of their
' inability to defend their frontiers, against the attacks of a foe, that has never
' proved dangerous, except to the effeminate, the factious, or the cowardly.
' When New-Plymouth consisted only of two hundred persons, of all ages
' and sexes, it repulsed its enemies and secured its borders, with a gallantry
' worthy of its parent country ; because it stood alone, in the desert, without
' hope of aid.'
That the people of New-Hampshire ever deserved the character oi" effem
inate or cowardly, can by no means be admitted. Innumerable facts evince the
contrary beyond a doubt. Had this author ever resided among them, espe
cially in time of war, he would have thought quite otherwise of them. TJiat
the native savages have ' never proved a djingerous foe, to any but the effem-
' inate, the factious and the cowardly,' is an assertion totally unfounded. —
Their manner of attacking was always by surprise, and the bravest and best
men may sometimes be deficient in vigilance, where no suspicion of danger
exists. If the people of Nt'\v-Hampshire ' disdained independence,' let it be con
sidered, that they had been, for about 40 years, connected with Massachusetts,
to their mutual satisfaci on ; and the proposed ' independence' which he means
was but another name for subjection to a landlord. When independence, in
its genuine meaning, became necessary, in 17?;j, they freely joined with their
brethren in asserting it, and in bravely defending it.
Without any disparagement to the first settlers of Plymouth, who, from the
year 1643, were protected by a confederacy of the four New-England colo
nies, it may with truth be said, that the people of New-Hampshire were nev
er behind them, in vigorous exertions for their own defence, when they were
conducted by officers in whom they could place confidence ; butin Cranfield's
time, there was no war with the Indians ; though he attempted to frighten
them into an apprehension of danger, from the Indians, to serve his own pur
poses. The account which Mr. Chalmers gives of Cranfield's administration differs
not very materially from mine, except in one instance.
He represents ' the ministers as very attentive to him, because they deem-
' ed him gained over to the Independents.' I have met with no evidence of
this ; the deception, if any, must have been very shoit lived.
Mr. Chalmers says nothing of the prosecution of Moodey, and of Cran
field's endeavors to ruin him, for his non -conformity to the Church of Eng
land ; but tells us that he ' deemed it unsafe, to remain any longer among the
' ministers, who ruled an enthusiastic people, with the same sway as did the
' popish clergy during the darkest ages ;' and that in his letters to England,
he ' gave warning that while the clergy were allowed to preach, no true alle-
' giance would be found in those parts.' This may be considered as a corrob
orating evidence of his bigotry and intolerance. Truth obliges me to add,
that his opponents were not deficient in those, unhappy qualities, which were
too much in fashion among all parties in that age.

xii PREFACE.
Mr. Chalmers concludes his account of New-Hampshire in these words : —
' Being excluded from the charter granted to Massachusetts, it has continued
' to the present time, a different, though inconsiderable settlement; ||irregular
' and factious in its economy, affording no precedents that may be of exem-
" plary use toother colonies. 'j|* What justice there is in this remark, the
reader will be able to determine, from the following portion of its history,
which, after much unavoidable delay, is now submitted to his perusal.
Boston, August 1, 1791.
* [The words between parallels appear to be quoted by Chalmers. After
" irregular," the words, " as we are assured," occur in Chalmers, but ire
omitted by Dr. Belknap.]

CONTENTS.

CHAPTER I. — Discovery of the country. Establishment of the council
of Plymouth. Their grants to Mason and others. Beginning of the
settlements at Portsmouth and Dover. Wheelwright's Indian purchase.
Neal's adventures. Discouragements. Dissolution of the council. —
Mason's death. Causes of the failure of his enterprise. Page 1
CHAPTER II.— Troubles at Dover. Settlements of Exeter and Hampton.
Story of Underhill. Desertion of Mason's tenants. Combinations at
Portsmouth and Dover. Union of New-Hampshire with Massachu
setts. 17
CHAPTER III. — Observations on the principles and conduct of the first
planters of New-England. Cause of their removal. Their religious
sentiments. Fortitude. Care of their posterity. Justice. Laws. —
Principles of government. Theocratic prejudices. Intolerance and per
secutions. 34
CHAPTER IV. — Mode of government under Massachusetts. Mason's ef
forts to recover the property of his ancestors. Transactions of the king's
commissioners. Opposition to them. Internal transactions. Mason
discouraged. 53
CHAPTER V. — Remarks on the temper and manners of the Indians. The
first general war with them, called Philip's war. 65
CHAPTER VI. — Mason's renewed efforts. Randolph's mission and trans
actions. Attempts for the trial of Mason's title. New-Hampshire sep
arated from Massachusetts and made a royal province. Abstract of the
commission. Remarks on it. 85
CHAPTER VH. — The administration of the first council. Mason's arrival.
Opposition to him. His departure. State of trade and navigation. 90
CHAPTER VIII.— The administration of Cranfield. Violent measures.—
Insurrections. Mason's suits. Prosecution of Moodey and Vaughan.
Arbitrary measures. Complaints. Tumults. Weare's agency in Eng
land. Cranfield's removal. Barefoote's administration. 96
CHAPTER IX.— Administration of Dudley as president, and Andros as
governor of New-England. Mason's further attempts. His disappoint
ment and death. Revolution. Sale to Allen. His commission for the
government. 117
CHAPTER X.— The war with the French and Indians, commonly called
King William's war. 124

xjv CONTENTS.
CHAPTER XL— The civil affairs of the province during the administra
tions of Usher, Partridge, Allen, the Earl of Bellomont and Dudley,
comprehending the whole controversy with Allen and his heirs. 148
CHAPTER XII.— The war with the French and Indians, oalled Queen
Anne's war, Conclusion of Dudley's and Usher's administration. 166
CHAPTER X11I— The administration of Governor Shute, and his lieuten
ants, Vaughan and Wentworth. 184
CHAPTER XIV.— The fourth Indian war, commonly called the three years'
war, or Lovewell's war. **"
CHAPTER XV. — Wentworth's administration continued. Burnet's short
administration. Belcher succeeds him. Wentworth's death and char
acter. 218
CHAPTER XVI.— Dunbar's lieutenancy and enmity to Belcher. Efforts
to settle the boundary lines. Divisions. Riot. Trade. Episcopal
Church. Throat distemper. ^26
CHAPTER XV1L— State of parties. Controversy about lines. Commis
sioner's appointed. Their session and result. Appeals. Complaints. 237
CHAPTER XVIIL— Revival of Mason's claim. Accusations against Bel
cher, real and forged. Royal censure. Final establishment of the lines.
Spanish war. Belcher's zeal and fidelity. His removal. Examination
of his character. 251
CHAPTER XIX. — The beginning of Benning Wentworth's administration.
War opened in Nova-Scotia. Expedition to Cape-Breton ; its plan, con
duct and success, with a description of the island, and the city of Louis-
burg. 262
CHAPTER XX. — Projected expedition to Canada. Alarm of the French
fleet. State of the frontiers. Peace. 281
CHAPTER XXI. — Purchase of Mason's claim. Controversy about repre
sentation. Plan of extending the settlements. Jealousy and resentment
of the savages. 296
CHAPTER XXIL — The last French and Indian war, which terminated in .
the conquest of Canada. Controversy concerning the lands westward
of Connecticut river. 308
CHAPTER XXIII. — Beginning of the controversy with Great Britain. —
Stamp act. Resignation of Benning Wentworth. 328
CHAPTER XXIV.— Administration of John Wentworth the second. New
attempt to force a revenue from America. Establishment of Dartmouth
college. Division of the province into counties. Death of Benning
Wentworth. Complaint of Peter Livius against the governor. Its issue.
Progress of the controversy with Great Britain. War. Dissolution of
British government in New-Hampshire. 339
CHAPTER XXV.— War with Britain. Change Of government. Tempo
rary constitution. Independence. Military exertions. Stark's expe
dition. Employment of troops during the war. 358
CHAPTER XXVI. — Paper money. Confiscations. State constitution.—*
Controversy with Vermont. 378

CONTENTS. XV
CHAPTER XXVII. — Popular discontent. Efforts for paper currency.—
Tender acts. Insurrection. Dignity and lenity of government. Fed
eral constitution. 305.

APPENDIX.

LIST OF PAPERS IN THE APPENDIX.
Note. Those papers to which a star is prefixed were not published in the

former editions

No. 1.
2. 3.
4. 5. 6.

8. 9.
10.11. 12.13.14. 15.
16.

17,

18.
59.
20. 21.
22.23.24.
25.26. 27.
28.
29. 30.
31. 32.
33,

with

Titles.
Copy of a deed from four Indian sagamores to
Rey. John Wheelwright and others,
Letter from Thomas Eyre to Ambrose Gibbins,
Letter from the company of Laconia to Gibbins,
Letter from Gibbins to the company,
Letter from the same to the same,
Letter from Neal and Wiggin to the company, re
lating to the division of lands at Pascataqua,
LetteT from Sir Ferdinando Gorges and Capt. John
Mason to Warnerton and Gibbins,
Letter from Mason to Gibbins,
Letter in answer to the foregoing,
Letter from George Vaughan to Gibbins,
Letter from the same to the same,
"Combination for government at Exeter,
forms of oaths for rulers and people,
"Combination for government at Dover,
"Petition of the inhabitants of Portsmouth,
"Declaration of John Allen, Nicholas Shapleigh and
Thomas Lake,
Report of a committee of reference on the petition
of Robert Mason, Edward Godfrey and others,
to the king,
"Commission granted by the general court of Mas
sachusetts, for settling disturbances occasioned
by king's commissioners,
*Address of the town of Doverto the general court
of Massachusetts,
"Address from Portsmouth to the same,
"Rev. Samuel Dudley's certificate,
"Address of the town of Portsmouth relating to
Harvard college,
Petition of Robert Mason to the king,
Answer of Massachusetts to Mason and Gorges'
complaint,
Report of the lords' chief justices, and the king's
confirmation thereof,
Extract from that part of President Cutt's com
mission, in which the claim of Mason is recited,
"General laws and liberties of the province,
Address of the general court of New-Hampshire
to the king,
Address from the same to the same,
Robert Mason's mandamus as counsellor,
"The order of the council and general assembly for
a tax,
Answer to the claim of Mason,
Elias Stileman's answer to Mason's claim,
"Letter from Edward Randolph to the lords of trade
and plantations,

Dates.

Page.

17 May,May,
5 Dec,
24 June,
13 July,

1629.
1631.1632. 1633.1633.

422
422423 424425

13 Aug.

1633.

426

5 May,
5 May,
6 Aug.
20 Aug.
10 April,

1634. 1634.
1634. 1634.
1636.

428 428
429431
431

4 Oct.
22 Oct.
May,

1G39. 1640.1653.

432 433433

Nov.

1654.

435

1661.

436

1665.

437

10 Oct.
9 Oct.
10 Oct.

1665. 1665. 1665.

438 439439

1669.1675.

439 440

1676.
444
1677.
449
1679.
1680.
452453
29 Mar.
11 June,
30 Dec.
1680. 1680.
1680.
455 456
457
Mar.
1681. 1682. 1682.
458 459
461
1683.
463
Xvi CONTENTS
31. "Letter from Edward Gove to the court of sessions, Jan. 1683. 467
35. Cranfield's order for the administration of the sa
crament according to the liturgy, 10 Dec. 1683. 467
36. Information against Joshua Moodey, 1683. 467
37. Second information against the same, 6 Feb. 1684. 468
38. Warrant and mittimus against the same, 6 Feb. 1684. 469
39. Cranfield's order for raising money without an
assembly, 14 Feb. 1684. 469
40. Letter from the council to Governor Dungan, of
New-York, 21 Mar. 1684. 470
41. Address and petition of the inhabitants of Exeter,
Hampton, Portsmouth and Dover against Cran
field, 1684. 471
42. The deposition of Peter Coffin, relating to Cran
field's conduct towards Vaughan, 6 Feb. 1684. 474
43. The warrant and mittimus to commit Vaughan to
prison,
44. Vaughan 's letter and journal in prison,
45. Letter from Cranfield and his council to the lords
of trade,
46. Letter from Cranfield to Sir Leoline Jenkins,
47. Nath'l Weare's first complaint against Cranfield,
48. Reference of the same to the lords of trade,
49. Letter from the lords of trade to Cranfield,
50. *A brief of the affidavits, objections and replies in
the case of Weare against Cranfield, before the
lords of trade and plantations, 10 Mar. 1685. 492
51. "A brief of Cranfield's commission, and of the evi
dence in support of the complaintand againstit, 1685. 496
52. Report of the lords of trade against Cranfield, and
« »lr.he,king>0ide,' v , , , 8 April, 1685. 502
53. "King s order for hearing Vaughan's appeal, 29 April, 1685. 503
54. Letter of lords of trade to Cranfield, 29 April 1685. 503
55. Letter from the same to the same respecting
cc - tV5ughl?> aPPue^ . », 22 May, 1685. 505
5b. retition of the inhabitants against Mason, 1685 505
,57. Decision of King James II. against Vaughan, 19 Nov. 1686^ 507
58. Four letters from Hogkins, sachem at Penacook
m o t0Ae g°Vernur' , . , ,-• 15 ana 16 May, 1685. 508
,59. Capt. Francis Hooke s letter, advising of danger
«n p fr<"? £e lndians> , 13 Aug. 1685. 509
60. Report of persons sent to inquire into the above, (No date ) 510
.61. Articles of peace with the Indians, inhabiting New-
Hampshire and Maine, a a f Tear cm
,62. Petition of William Houchins, for aid to obtain a
cure of the king's evil, 7 Sent 1687 51 J
r63. Letter from Secretary Addington to Major Waldron
warning him of danger from the Indians, ' 27 June, 1689. 512

6 Feb.

1684.

475

Feb.

1684.

476

23 May,

1684.

487

23 May,

1684.

488

1684.

488

11 July,

1684.

490

23 July,

1684.

491

HISTORY

OF

NEW-HAMPSHIRE.

CHAPTER I.
Discovery of the country. Establishment of the Council of Plymouth. Their
grants to Mason and others. Beginning of the settlements at Portsmouth
and Dover. Wheelwright's Indian purchase. Neal's adventures. Dis
couragements. Dissolution of the Council. Mason's death. Causes of
the failure of his enterprise.
It is happy for America that its discovery and settlement by
the Europeans happened at a time, when they were emerging
from a long period of ignorance and darkness. The discovery
of the magnetic needle, the invention of printing, the revival of
literature and the reformation of religion, had caused a vast alter
ation in their views, and taught them the true use of their rational
and active powers. To this concurrence of favorable causes, we
are indebted for the precision with which we are able to fix the
beginning of this great American empire ; an_ advantage_of which
the _ historians of ouherjjpjirrtrje^ajr^^ ;
ffieirlTrst e1raTT)eTrig~either disguised by fiction and romance, or
involved in impenetrable obscurity.
Mankind do not easily relinquish ancient and established preju
dices or adopt new systems of conduct, without some powerful
attractive. The prospect of immense wealth, from the mines of
Mexico and Peru, fired the Spaniards to a rapid conquest of those
regions and the destruction of their numerous inhabitants ; but
the northern continent, presenting no such glittering charms, was
neglected by the European princes for more than a century after
its discovery.1 No effectual care was taken to secure to them
selves the possession of so extensive a territory, or the advantage
of a friendly traffic with its natives, or of the fishery on its coasts ;
till private adventurers, at a vast expense, with infinite hazard and
persevering zeal, established settlements for themselves, and there
by enlarged the dominions of their sovereigns.
(1) Prince's Annals.

2 HISTORY OF NEW-HAMPSHIRE. [1614.
Of the voyagers who visited the northern coast of America,
for the sake of its furs and fish, one of the most remarkable was
Captain John Smith, who ranged the shore from Penobscot to
Cape Cod, and, in this route, discovered the river Pascataqua ;
which he found to be a safe harbor, with a rocky shore. He re
turned to England in one of his ships, and there published a de
scription of the country, with a map of the sea-coast, which he
presented to Prince Charles, who gave it the name of New-
England.1 The other ship, he left behind under the care of
Thomas Hunt, who decoyed about twenty of the natives on board
and sold them for slaves at Malaga. This perfidious action ex
cited a violent jealousy in the natives, and bitterly enraged them
against succeeding adventurers. Two of those savages having
found their way back as far as Newfoundland, then under the
government of Captain John Mason, were restored to their native
country by his friendly interposition, and reported the strong dis
approbation, which the English in general entertained of the mis
chievous plot, by which they had been carried off. By this means,
together with the prudent endeavors of Captain Thomas Dermer,*
and afterward of the Plymouth settlers, tranquillity was re-estab
lished between the Indians and the adventurers, which was toler
ably preserved for many years.2 However fond we may have
been of accusing the Indians of treachery and infidelity, it must
be confessed that the example was first set them by the Europe
ans. Had we always treated them with that justice and humani
ty which our religion inculcates, and our true interest 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 began to appear greater
than before, and some measures were taken to promote its settle
ment. A patent had been granted by King James in 1606, lim
iting the dominion of Virginia, 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 assigned to certain noblemen, knights and gentle
men of-London ; the former to others in Bristol, Exeter and
Plymouth.3 Those who were interested in the northern colo
ny, finding that the patent did not secure them from the intrusions
of others, petitioned for an enlargement and confirmation of their
privileges. After some time, the king, by his sole authority, con-
(1) Smith's Voyage. (2) Hubbard's printedNarrative of the troubles with
the [Eastern] Indians, p. 6, 7. (3) Gorges' Narrative.
* [This industrious and prudent gentleman having spent almost two vears
>n searching the coast between New-England and Virginia, the fruit of whose
labors and hazards many others afterwards reaped, was at the last on his re
turn to Virginia, set upon by some malicious savages in some parts beyond '
Cape Cod, from whom he received fourteen or fifteen wounds, upon which oc
casion, retiring to Virginia, he there ended his days, about the war 1691 _
Hubbard, Hist. New-England, 40:] } ' y ar Ib'ii-—

1620.] GRANTS AND SETTLEMENTS. 3
stituted a council, consisting of forty noblemen, knights and gen
tlemen,* by the name of "The council established at Plymouth,
" in the county of Devon, for the planting, ruling and governing
"of New-England, in America."1 They were a corporation
with perpetual succession, by election of the majority ; and their
territories extended from the fortieth to the forty-eighth degree of
northern latitude. This patent, or charter, is the foundation of
all the grants that were madeof the country of New-England.
But either from the jarring interests of the members, or their in
distinct knowledge of the country, or their inattention to business,
or some other cause which does not fully appear, their affairs were
transacted in a confused manner from the beginning ; and the
grants which they made were so inaccurately described, and in
terfered so much with each other, as to occasion difficulties and
controversies, 'stfme of which are not yet ended.
Two of the most active members of this council were Sir Fer-
dinando Gorges and Captain John Mason. Gorges had been an
officer in the navy of Queen Elizabeth, intimately connected with
Sir Walter Raleigh, of whose adventurous spirit he had a large
share.2 After the peace which King James made in 1604, he
was appointed governor of the fort and island of Plymouth in De
vonshire. Whilst he resided there, Captain Weymouth, who had
been employed- by Lord Arundel in search of a northwest passage,
but had fallen short of his course and put in at Pemaquid, brought
from thence into the harbor of Plymouth, five natives of America,
three of whom were eagerly seized by Gorges, and retained in
his service for three years. Finding them of a tractable and com
municative disposition, and having won their affections by gentle
treatment, he learned from them many particulars concerning their
(1) Ms. copy in Superior Court files. [Hubbard, Hist. New-England, 80,
217. Hazard, Coll. i. 103—118. Trumbull, Hist. Connecticut, Appx.]—
(2) Hume.
* [Lodowick] Duke of Lenox, Sir John Brookes,
'George] Marquis of Buckingham, Sir Thomas Gates,
James] Marquis of Hamilton, Sir Richard Hawkins,
William] Earl of Pembroke, Sir Richard Edgecombe,
Thomas] Earl of Arundel, Sir Allen Apsley,
William] Earl of Bath, Sir Warwick Heale,
Henry] Earl of Southampton, Sir Richard Catchmay,
William] Earl of Salisbury, Sir John Bourchier,
'Robert] Earl of Warwick, Sir Nathaniel Rich,
'John] Viscount Haddington, Si:- Edward Giles,
'Edward] Lord Zouche, Sir Giles Mompesson,
'Edmund] Lord Sheffield, Sir Thomas Wroth, Knights,
Edward] Lord Gorges, Matthew Sutcliffe, [dean of Exeter]
3ir Edward Seymour, Robert Heath, [recorder of London]
Sir Robert Mansell, Henry Bourchier,
Sir Edward Zouche, John Drake,
Sir Dudley Digges, Rawley Gilbert,
Sir Thomas Roe, George Chudley,
Sir Ferdinando Gorges, Thomas Haymon,
Sir Francis Popham, John Argall, Esquires.
[There is a copy of this Patent entire in Hazard's Collections, 1. 103—118.]

4 HISTORY OF NEW-HAMPSHIRE. [1620.
country, its rivers, harbors, islands, fisheries and other produc
tions ; and the numbers, force, disposition and government of the
natives ; and from this information, he conceived sanguine hopes
of indulging his genius, and making his fortune, by a thorough
discovery of the country.1 For this purpose, he, in conjunc
tion with others, ventured several ships, wherefore some met with
peculiar misfortunes ; and others brought home accounts, which,
though discouraging to some of his associates, made him deter
mine upon farther attempts, wherein his resolution and perseverance
were more conspicuous than any solid gain. These transactions
were previous to the establishment of the council ; in soliciting
which, Gorges was so extremely active, that he was appointed
their president, and had a principal share in all their transactions.
Mason was a merchant of London, but became a sea-officer, and,
after the peace, governor of Newfoundland, where he acquired a
knowledge of America, which led him, on his return to England,
into a close attachment to those who were engaged in its discove
ry ; and upon some vacancy in the council, he was elected a mem-
1(-21 ber and became their secretary; being also governor of
Portsmouth in Hampshire. He procured a grant from the
council, of all the land from the river of Naumkeag, now Salem,
round Cape Anne, to the river Merrimack ; and up each of those
rivers to the farthest head thereof; then to cross over from the head
of the one to the head of the other ; with all the islands lying with
in three miles of the coast. This district was called Mariana.
The next year, another grant was made to Gorges and Mason
jointly, of all the lands between the rivers Merrimack and Saga-
dehock, extending back to the great lakes and river of Canada,
and this was called Laconia.
Under the authority of this grant, Gorges and Mason, in con
junction with several merchants of London, Bristol, Exeter, Ply
mouth, Shrewsbury and Dorchester, who styled themselves " the
company of Laconia," attempted the establishment of a colony
1 623 and fisnelT at the river Pascataqua ; and in the spring of the
following year, sent over David Thompson, a Scotchman,
Edward and William Hilton, fishmongers of London,with a number
of other people, jn two divisions, furnished with all necessaries to
carry on their design. One of these companies landed on the
southern shore of the river, at its mouth, and called the place
Little-Harbor. Here, they erected salt-works, and built an house
which was afterwards called Mason-Hall;* but the Hiltons set
(1) Gorges' Narrative.
* [The site ofthis house was on a peninsula, or point of land, now called
Ochorne s point, which is formed by Little-Harbor on the northeast al Ta creek
on the south, with a large tract of salt marsh on the west. Tlifs pCe was se
lected with great judgment. The peninsula contains about five hundred acres
of land, on which is a commanding eminence ; where are eviden™a\ns of
an ancient fort, and situated so as to be a complete defence aga"nst t™e "cur-
sions of a savage enemy. The house was erected a few rods to the northward

1623.] GRANTS AND SETTLEMENTS. 5
up their stages eight miles further up the river, toward the north
west, on a neck of land which the Indians called Winnichahannat,
but they named Northam, and afterward Dover.1 Thompson
not being pleased with his situation, removed the next spring to
an island in the bay of Massachusetts ;* this the General Court
afterward confirmed to him, and it still bears his name.2
These settlements went on but slowly for several years, but the
natives being peaceable and several other small beginnings being
made along the coast as far as Plymouth, a neighborly intercourse
was kept up among them, each following their respective employ
ments of fishing, trading and planting, till the disorderly behaviour
of one Morton, at Mount Wollaston in the bay of Massachu- 1 ,.„„
setts, caused an alarm among the scattered settlements as
far as Pascataqua. This man had, in defiance of the king's procla
mation, made a practice of selling arms and ammunition to the In
dians, whom he employed in hunting and fowling for him ; so that
the English, seeing the Indians armed in the woods, began to be in
terror. They also apprehended danger of another kind ; for
Morton's plantation was a receptacle for discontented servantsj\
whose desertion weakened the settlements, and who, being there
without law, were more formidable than the savages themselves. s
The principal persons of Pascataqua therefore readily united with
their neighbors, in making application to the colony of Plymouth,
which was of more force than all the rest, to put a stop to this
growing mischief; which they happily effected by seizing Mor
ton and sending him prisoner to England. f
(1) Hubbard, MS. [p. 214 of the printed copy.] (2) Prince's Annals. —
(3) Prince's Annals.
of the fort. The present possessors of the land point out the spot where it
stood. They think they have discovered the foundation of the chimney and
the cellar walls. These were standing when Mr. Hubbard wrote in 1680. —
Three or four thousand acres of land were annexed to this building, with an
intention of forming a manor there, according to the English custom. Ad
ams, Annals of Portsmouth, 10, 11.]
* [It appears from Bradford, in Prince, i. 161, that Thompson was living at
Pascataquack in 1626, and probably about that time, and not as in the text, in
1624, removed to the Massachusetts Bay, and took possession of "a very fruit
ful island and a very desirable neck of land, which is afterwards confirmed to
him by the General Court of the Massachusetts Colony."]
t [The apportionment of the charges of this united effort of the earliest
plantations to check the progress of Morton, as given by Governor Bradford
in 1 Coll. Mass. Hist. Soc. Hi. 63, may serve to show their relative importance
at this time.

«' Plimouth,

£2 10

Natascot,

£1 10

Naumkeak,

1 10

Thomson,

0 15

Pascataquack,

2 10

Blackston,

0 12

Jeffrey and Burslem,

2 00

Edward Hilton,

1 00

Total, £12 7 "
This assessment alone enables us to correct the error in Dr. Holmes, (An
nals of America, i. 209) who says, under the year 1631, " Portsmouth began
to be settled this year."
The settlement of this place commenced in the spring of 1623 by David
Thompson, and appears from several authorities; not to have been broken up,

6 HISTORY OF NEW-HAMPSHIRE. [1629.
|| 1 629. Some of the scattered planters in the bay of Massa
chusetts, being desirous of making a settlement in the neighbor
hood of Pascataqua, and following the example of those at Ply
mouth, who had purchased their lands of the Indians, which they
conscientiously thought necessary to give them a just title, pro
cured a general meeting of Indians, at Squamscot falls, where
they obtained a deed from Passaconaway, sagamore of Penacook,
Runnaawitt of Pawtucket, Wahangnonawit of Squamscot, and
Rowls of Newichwannock : wherein they expressed their ' desire
' to have the English come and settle among them as among their
' countrymen in Massachusetts, whereby they hope to be strength-
' ened against their enemies the Tarrateens; and accordingly
1 with the universal consent of their subjects, for what they deem-
' ed a valuable consideration in coats, shirts and' kettles, sell to
' John Wheelwright of the Massachusetts bay, late of England,
' minister of the gospel, Augustine Story (or Storer) Thomas
' Wight, William Wentworth, and Thomas Leavit, " all that part
" of the main land bounded by the river Pascataqua and the
" river Merrimack, to begin at Newichwannock falls in Pascata-
" qua river aforesaid, and down said river to the sea; and along
" the sea-shore to Merrimack river ; and up said river to the falls
" at Pawtucket ; and from thence upon a northwest line, twenty
" English miles into the woods ; and from thence upon a straight
" line northeast, till it meet with the main rivers that run down
" to Pawtucket falls, and Newichwannock falls aforesaid ;* the
" said rivers to be the bounds from the thwart or head line to the
" aforesaid falls, and from thence the main channel of each river
" to the sea to be the side bounds ; together with all the islands
" within the said bounds ; as also the isles of shoals so called."
The conditions of this grant were, ' that Wheelwright should
' within ten years, begin a plantation at Squamscot falls ; that
' other inhabitants should have the same privileges with him ;
' that no plantation should exceed ten miles square ; that no lands
although Thompson himself removed within a few years to the Massachusetts
colony. From Governor Bradford, in Prince, i. 161, it is evident that he was
at Pascataquack in 1626 ; and from the preceding apportionment, it appears
that this place was of sufficient consequence in 1628, to pay a sum equal to
that of Plymouth. Again, from Prince, i. 196, it seems that the inhabitants on
Pascataqua river in 1629, entered into a combination for the erecting a gov
ernment among themselves, and from Adams, Annals of Portsmouth, 18,
there were in 1631, at least, 50 men employed by Mason, as stewards and ser
vants, besides ten Danes, who were occupied in sawing lumber and making
potash. Some persons may have doubts whether Thompson's settlement and
Pascataquack were the same, which will be removed by recurring to Edward
Winslow's Good Newesfrom New-England, which informs us thatDavid Tom-
son, a Scotchman, began in the spring of 1623 "a plantation twenty- five
leagues north-east from us [Plymouth] near Smith's Isles, at a place called
Pascataquack."] * The NW. line here described, will end within the township of Amherst ;
and the NE. line from thence will cross the river Merrimack about Amuskeag
falls, and passing through Chester, Nottingham, Barrington, and Rochester,
will strike Newichwannock river about ten miles above the Salmon falls.

1029.] GRANTS AND SETTLEMENTS. 7
' should be granted but in townships ; and that these should be
' subject to the government of the Massachusetts colony, until
' they should have a settled government among themselves ; that
' for each township there should be paid an annual acknowledg-
' ment of " one coat of trucking cloth," to Passaconaway the chief
' sagamore, or his successors, and two bushels of Indian com to
' Wheelwright and his heirs. The Indians reserved to them-
' selves free liberty of fishing, fowling, hunting and planting with-
' in these limits.'1 The principal persons of Pascataqua and
the province of Maine were witnesses to the subscribing of this
instrument, and giving possession of the lands. ||*
(1) MS. copy in Superior Court files.
* [The portion of the text above and on the preceding page, included within
parallels, and those portions thus distinguished which follow, must be rejected,as
they are founded upon documents which are proved to be spurious. It is much to
be regretted that any part of our history has thus become vitiated, but no blame
can be imputed to the careful and laborious author for relying on authorities
which were supposed to be genuine when he wrote ,and which were so considered
until within a few years. The Wheelwright deed of 1629 was supposed to be an
authentic document until June, 1820, when the Hon. James Savage, of Boston,
in preparing Notes for the new edition of Governor Winthrop's Journal, or
History of New-England, published in 1825 and 1826, had his suspicion exci
ted in regard to the authenticity of this instrument. A critical and laborious
scrutiny into all the circumstances of the case resulted in the conviction that
it was a forgery. His ingenious and elaborate argument, by which the forge
ry of the deed is indisputably proved, and which is too long to be introduced
here, may be found in the Appendix to the first volume of his edition of Win-
throp, 405—424.
If any person should remain skeptical on the subject after reading that ar
gument, let him read the testimony of Rev. Mr. Wheelwright and Edward
Colcord, two of the original grantees, in an actual purchase of lands of the In
dians, nine years posterior to the pretended one. This testimony, which re
lates to the purchase made in 1638, mentioned by Governor Winthrop, (Hist.
N. E. i. 290) and of which the original deeds are in possession of the editor,
and have been published in the Coll. of the N. H. Hist. Soc. i. 147 — 149, was
found among the records of the ancient county of Norfolk, kept at Salem.
Testimony of Rev. John Wlieehoright.
" I John Wheelwright, pastor of the church of Salisbury, doe testify that
when I, with others, first came to sit downe at Exeter, we purchased of the
Indians, to whom (so far as we could learne) the right did belong, a certain
Tract of land about thirty miles square, to run from Merrimack river, East
ward, and so up into the Country,, of wch. lands we had a graunt in writing
signed by the[m.] John Wheelwright."
" April 15, 1668." Edward Colcord' s Testimony.
" Mr. Edward Colcord testifieth to all above written, and further saith that
one northerly bound mentioned in our agreemt. with Wehahnonowet, the
chiefe Sagamore was, the westerly part of Oyster River, called by the Indians .
Shankhassick,wch. is about foure miles northerly beyound Lampereele River."
" We the abovesaid witnesses doe further testefy yt. they of the town of
Exeter, did dispose and possesse divers parcels of land about Lamprel River
by virtuee of sd. Indian Right before such time as it was actually taken in by
the Jurisdiction of the Massachusetts, without interruption of Dover or any
other." To the above is also added the Testimony of Rev. Samuel Dudley.
" Mr. Samuel Dudly doth testifie that he did see the agreemt. in writing
betweene the towne of Exeter and the Sagamores for that land wch. is above
mentioned, and the said Sagamore's hands to the same."
" Sworn before the Court ye. 14th : 2 mo : 1668.
THOMAS BRADBURY, Rec.

8 HISTORY OF NEW-HAMPSHIRE. [1629,
By this deed, the English inhabitants with these limits obtained
a right to the soil from the original proprietors, more valuable in
a moral view, than the grants of any European prince could con
vey. If we smile at the arrogance of a Roman Pontiff in assum
ing to divide"'the whole new world between the Spaniards and
Portuguese, with what consistency can we admit the right of a
king of England, to parcel out America to his subjects, when he
had neither purchased nor conquered it, nor could pretend any
other title, than that some of his subjects were the first Europeans
who discovered it, whilst it was in possession of its native lords ?
The only validity which such grants could have in the eye of rea
son was, that the grantees had from their prince a permission to
negotiate with the possessors for the purchase of the soil, and
thereupon a power of jurisdiction subordinate to his crown.
The same year, Captain Mason procured a new patent, under
the common seal of the council of Plymouth, for the land "from
" the middle of Pascataqua river, and up the same to the farthest
"head thereof, and from thence northwestward, until sixty miles
" from the mouth of the harbor were finished ; also, through Mer-
" rimack river, to the farthest head thereof, and so forward up into
"the land westward, until sixty miles were finished ; and from
" thence to cross over land to the end of the sixty miles account-
" ed from Pascataqua river ; together with all islands within five
" leagues of the coast."1 This tract of land was called New-
Hampshire : it comprehended the whole of Wheelwright's pur
chase ; and unless Mason's intention was to frustrate his title, it is
difficult to assign a reason for the procurement of this patent, as
the same land, with much more, had been granted to Gorges and
Mason jointly, seven years before. If there was an agreement
between them to divide the province of Laconia, and take out
new patents from the council, in preference to the making a deed
of partition ; it is not easy to conceive why the western bounda
ry should be contracted to sixty miles from the sea, when the
lakes and river Canada were supposed to be but ninety or an hun
dred miles from Pascataqua.2 If this grant was intended as
an equivalent for the patent of Marianna, which the council had
the preceding year included in their deed to the Massachusetts
company, it is impossible to account for the extension of New-
1C30 HamPsnire t0 the river Merrimack, when the grant of
Mar. 12. Massachusetts reached to " three miles north of that river
and of every part " of it."*
(1) MS. in files of Superior Court. (2) Gorges' History of America, p. 48.
The boundaries described in the true deed, dated " the third day of Aprill
1638, ' are " within three miles on the Northerne side of ye river Meremake
extending thirty miles along by the river from the sea side and from the sayd
river side to Pisscataqua Patents thirty miles up into the countrey North West
and soe from the ffals of Piscataqua to Oyster river thirty miles square eury
"Mr. Hubbard in his MS. history says, '¦ it hath been affirmed by Mr. Josse-

1630.] GRANTS AND SETTLEMENTS. 9
The west country adventurers were not less attentive to their
interest ; for in the following spring, they obtained a patent from
the council, whereby " all that part of the river Pascataqua called
" or known by the name of Hilton's Point, with the south side of
''the said river, up to the falls of Squamscot, and three miles into
" the main land for breadth," was granted to Edward Hilton.
This patent, sealed with the common seal of the council, and sub
scribed by the Earl of Warwick, sets forth, that Hilton and his
associates had, at their own proper cost and charges, transported
servants, built houses and planted corn at Hilton's Point, now Do
ver, and intended the further increase and advancement of the plan
tation.1 William Blackstone, William Jeffries and Thomas Lewis,
or either of them, were impowered to give possession of the .„
premises ; which was done by Lewis and the livery and seiz-
in endorsed. Within these limits are contained the towns of Do
ver, Durham, and Stratham,with part of Newington and Greenland.
It was commonly called Squamscot patent, but sometimes Bloody-
point patent, from a quarrel between the agents of the two com
panies about a point of land in the river which was convenient for
both ; and, there being no government then established, the con
troversy would have ended in blood, if the contending parties had
not been persuaded to refer the decision of it to their employers. 2
The London adventurers also thought it prudent to have some
security for the interest which they had advanced, and according
ly obtained a grant from the council, of " that part of the patent
" of Laconia, on which the buildings and salt-works were erected,
" situate on both sides the harbor and river of Pascataqua to the
" extent of five miles westward by the sea-coast, then to cross
"over towards the other plantation in the hands of Edward Hil-
" ton."3 The grantees named in this patent* were, Sir Ferdi-
(1) MS. copy in Proprietary Office. (2) Hubbard's MS. [p. 217 of the print-
ed copy.] (3) Hutch, vol. 1, p. 316.
lyn, who first came over into New-England on Capt. Mason's account, rthat
there was an agreement made between Mr. Matthew Cradock (the first Gov
ernor of the Massachusetts company) and Captain John Mason, that the
bounds of the Massachusetts should reach to three miles northward of the Merri
mack, and the remainder of the land betwixt that line and Pascataqua river,
should be left for Captain Mason's patent."
The commissioners sent by Charles II, in 1664, report that " Mr. Mason
had a patent for some land about Cape Anne before the Massachusetts had
their first patent ; whereupon Captain Mason and Mr. Cradock agreed that
the Massachusetts should have that land, which was granted to Capt. Mason
about Cape Anne, and Capt. Mason should have that land which was beyond
Merrimack and granted to the Massachusetts. This agreement was sent to Mr.
Henry Jocelyn to get recorded at Boston, but before he could have leisure to
go there, he heard that Capt. Mason was dead, and thereforewent not. Of this,
he, made affidavit, before the Commissioners." Hutch. Collection Papers,
p. 423.
* Mr. Hubbard says, that this patent was in the hands of some gentlemen at
Portsmouth when he wrote. I have seen no copy of it but what is preserved
in his MS. history. There is among the ancient files in the Recorder's office,
an invoice of goods sent over in 1631, subscribed by all the above names, ex
cept the last, in whose stead ie subscribed William Gyles.
4

10 HISTORY OF NEW-HAMPSHIRE. [1631.
nando Gorges, Captain John Mason, John Cotton, Henry Gard
ner, George Griffith, Edwin Gay, Thomas Wamerton, Thomas
Eyre and Eliezer Eyre, who, it is said, had already expended
three thousand pounds in the undertaking. They were to pay
forty-eight pounds per annum by way of acknowledgment to the
president and council, if demanded.1 Captain Camocke, a re
lation of the Earl of Warwick,* with Henry Jocelyn, who were
then intending a voyage hither, were appointed to put the gran-
tees in possession. Within this patent are comprehended the
towns of Portsmouth, Newcastle and Rye, with part of Newing-
ton and Greenland.
The whole interest being thus divided into two parts, Captain
Thomas Wiggin was appointed agent for the upper, and Captain-
Walter Neal for the lower plantation f with him were associat
ed Ambrose Gibbons, George Vaughan, Thomas Wamerton,
Humphrey Chadbournef and one Godfrey,f as superintendants
of the several businesses of trade, fishery, salt-making, building
and husbandry. Neal resided at Little-Harbor with Godfrey,
who had the care of the fishery. Chadbourne built a house at
Strawberry-bank, which was called the great house, in which War-
nerton resided. Gibbons had the care of a saw-mill, and lived in
a palisaded house at Newichwannock, || where he carried on trade
with the Indians. He afterward removed to Sanders'-point, where
the adventurers gave him a settlement for his faithful services.
He was succeeded at Newichwannock by Chadbourne, whose
posterity are persons of principal figure and interest there at this
day. The proprietors were also careful to provide for the de
fence of their plantations, and sent over several cannon which
they directed their agents to mount in the most convenient place
for a fort. They accordingly placed them on the northeast point
of the Great-Island at the mouth of the harbor, and laid out the
ground " about a bow-shot from the water-side to a high rock, on
" which it was intended in time to build the principal fort."3
(1) Hubbard's MS. (p. 216 of the printed copy.) (2) MS. letters. (3) MS.
in the Recorder's files.
* [He was nephew to the Earl of Warwick. He lived sometime at Pascata^
qua, but died at Scarborough, Me. in 1663. Prince, Annals, ii. 70. 2 Coll.
Mass. Hist. Soc. v. 216, 224.]
t [Humphrey Chadbourne came to this country as early as 1631 , on the in
vitation of Sir Ferdinando Gorges and Capt. John Mason, and under them
erected the large house as stated in the text. In 1643, he purchased a tract of
land of an Indian called Knowles, being a neck between the Bason and Ne-
wichawannock river at Quampeagah, (Sullivan.) He afterwards lived in Kit-
tery, and represented that town in the General Court at Boston in 1657 and
1659.] X [Edward Godfrey, on whom, Mr. Savage, in Wlnthrop's Hist. N. E. i. 90,
91, bestows a very valuable note, was one of the first aldermen of Agamenticus,
(York) and governor of the province of Maine, 1651. See Belknap's Biog. 1.
386. Adams's Annals of Portsmouth, 18.]
|| [The pronunciation of this name two centuries ago appears to have been
Ne-ge-won-nuck. Capt. Danforth, an eminent surveyor, wrote it Negtwomiick
m 1679.]

1631.] GRANTS AND SETTLEMENTS. U
A great part of Captain Neal's errand was to penetrate the in
terior part of the province of Laconia, concerning which the ad
venturers had formed very sanguine expectations.1 It was de
scribed as containing divers lakes, and extending back to a great
lake and river in the country of the Iroquois. This river was
said to be fair and large, containing many fruitful islands ; the air
pure and salubrious ; the country pleasant, having some high hills ;
full of goodly forests, fair valleys and fertile plains ; abounding
in corn, vines, chestnuts, walnuts, and many other sorts of fruit ;
the rivers well stored with fish, and environed with goodly mead
ows full of timber-trees. In the great lake, were said to be four
islands, full of pleasant woods and meadows, having great store
¦of stags, fallow-deer, elks, roe-bucks, beavers and other game,
and these islands were supposed to be commodiously situated for
habitation and traffic, in the midst of a fine lake, abounding with
the most delicate fish. No one who is acquainted with the inte
rior part of the country in its wilderness state, can forbear smiling
at this romantic description, penned in the true style of adventur
ers z yet such an impression had the charms of Laconia made on
the minds of our first settlers, that Neal set out on foot, in - fic,2
company with Jocelyn and Darby Field, to discover these
beautiful lakes, and settle a trade with the Indians by pinnaces, im
agining the distance to be short of an hundred miles. In the course
of their travels, they visited the white mountains,* which they
described in the same romantic style, to be a ridge, extending an
hundred leagues, on which SHOW litJlh all llie year, and inaccessi
ble but by the gullies which the dissolved snow hath made : on
one of these mountains they reported to have found a plain of a
-day's journey over, whereon nothing grows but moss ; and at the
further end of this plain, a rude heap of massy stones, piled up
on one another a mile high ; on which one might ascend from
Stone to stone, like a pair of winding stairs, to the top, where was
another level of about an acre, with a pond of clear water.~£-
This summit wjis_said_to be far above the clouds, and from hence
they beheld a vapor like a vast pillar, drawn up by the sunbeams,
out of a great lake into the air, where it was formed into a cloud.
The country beyond these mountains northward, was said to be
" daunting terrible," full of rocky hills, as thick as mole-hills in a
meadow, and clothed with infinite thick woods. They had great
expectation of finding precious stones on these mountains ; and I
something resembling crystal being picked up, was sufficient to I
give them the name of the Ckvstal-Hills.3 From hence/
they continued their route in search of the lake ; till finding their
(1) Gorges' History of America, p. 47. (2) Jocelyn's rarities of New-Eng
land. (3) Hubbard's Ms. Hist. [p. 381, printed copy.]
« [The visit to the White Mountains by Darby Field should be referred to
the year 1642, under which, see the account of it as given by Winthrop, Hist.
N. E. ii. 67, 68.]

]2 HISTORY OF NEW-HAMPSHIRE. [1632.
provision almost spent, and the forests of Laconia yielding no sup
ply, they were obliged to return when they supposed themselves
so far advanced, that "the discovery wanted but one day's jour-
" ney of being finished."*1
This expedition, being ended, was succeeded by one of anoth
er kind. The coast was alarmed by the report of a pirate, one
Dixy Bull ; who, with fifteen others, being employed in the In
dian trade at the eastward, had taken several boats and rifled the
fort at Pemaquid. Neal, in conjunction with the others, equip
ped four pinnaces and shallops, manned with forty men, being all
the force that both plantations could spare, who, being joined by
twenty more in a bark from Boston, proceeded to Pemaquid ; but
contrary winds and bad weather obliged them to return without
meeting the pirates, who made their way farther to the eastward,
and at length got to England, where Bull met with his deserts.
. fi£,„ The company on their return hanged, at Richmond's is
land, an Indian who had been concerned in the murder of
an Englishman.2
|| The next year, Neal and Wiggin joined in surveying their
respective patents, and laying out the towns of Portsmouth and
Northam, and another which was called Hampton, though no set
tlement had been made there. They also agreed with Wheel
wright that the plantation which he had undertaken to make at
Squamscot falls, should be called Exeter ; and determined the
bounds between his land and theirs. This survey was made by
order of the company of Laconia, who gave names to'the four
towns, and the transaction was duly reported to them :3 soon af
ter which Neal returned to England. ||f
(1) Gorges' History of America, p. 48. (2) Prince's Annals, vol. 2. p. 73,83.
(3) MS. in Recorder's office.
* Mr. Hubbard, and after him, Governor Hutchinson, place this discovery
of the White Hills in 1642. But as Neal had positive orders to discover the
lakes, and tarried but three years in the country, employing great part of his
time in seaching the woods, it is probable that Mr. Hubbard mistook one fig
ure in his date.
[On this note, Mr. Savage, in Winthrop, ii. 67, makes the following remarks:
" Here, as he has often done elsewhere., Hubbard might indeed have mistaken
a figure, but he faithfully copied Winthrop, whose work was unknown to Dr.
Belknap, when his history of N. H. was published. A greater mistake is
however chargeable on Belknap, in making Josselyn the companion of Neal
who was gone honie four years before Josselyn came over. Nor did Josselyn
make the journey according to his own account, before his second voyage to
New-England in 1663. That Neal ever went to the White mountains is not
rendered probable by any authorities cited by Belknap ; and as the circum
stance would have been for him a great matter of boasting, we may be confi
dent of the first journey of Field." Mr. Savage mistakes, in saying that the
work of Winthrop was unknown to Dr. Belknap when his history of N H
was published. The work was both known and used by Dr. Belknap when
he compiled his history, and he has copied from it, as may be seen under the
years 1635 and 1640.]
i ;[The authority for this paragraph is the" Letter from Neal and Wiggin re
lating to the division of Lands at Pascataqua, 1633," which is No VI in' the
Appendix to the i. vol. of the former editions of this work, and which 'without

1633.] GRANTS AND SETTLEMENTS. 13
From a number of letters that passed between the adventurers
and Gibbons, their factor, and which are yet preserved, it appears
that their views were chiefly turned toward the discovery of the
lakes and of mines ; the cultivation of grapes, and the advantages
of trade and fishery ; and that little regard was had to agriculture,
the surest foundation of all other improvements in such a country
as this. They often complain of their expenses, as indeed they
might with reason ; for they had not only to pay wages to their
colonists, but to supply them with provisions, clothing, utensils,
medicines, articles of trade, implements for building, husbandry
and fishing, and to stock their plantations with cattle, swine, and
goats. Bread was either brought from England in meal, or from
Virginia in grain, and then sent to the wind-mill at Boston, there
being none erected here.1 Very 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 those of iron, and
these were not wrought ; three or four houses only were built
within the first seven years ; the peltry trade with the Indians was
of some value, and the fishery served for the support of the in
habitants ; but yielded no great profit to the adventurers, who re
ceived but inadequate returns in lumber and furs. They saw
their interest sinking apace, and grew dispirited ; and the major
part of them either relinquished the design, or sold their shares to
(1) Prince's Annals, vol. 2, p. 30, 70.
doubt is spurious, and was fabricated for thepurpose of supporting the Indian
deed of 1629. That this letter is a forgery, and of the most palpable kind,
will appear from the following considerations :
I. That there was no such purchase of " the Indyans at Squamscutt falls,"
by Mr. Wheelwright, so early as 1633, as is alleged in the letter, nor an im
plied promise that he would name the plantation Exeter, five years before the
settlement of that place was made.
II. That Thomas Wiggin, one of the signers of the letter, who is pretend
ed to write at " North-ham on Pascataway river in New-England, 13 August,
1633," was about embarking at that time, at London, in the ship James, for
New-England, with power from Lords Say and Brook. He arrived at Salem,
10 October, 1633, in eight weeks passage. Winthrop, Hist. N. E. i. 115.
III. Walter Neal, the other signer, was in Boston, or on his passage to
England with Capt. Graves, when this letter was dated. He wrote to Gov.
Winthrop on that very day, (13 August) " to excuse his not coming to see"
him, as " he had been in the bay above ten days and came not all that time to
see the governor." (Winthrop, Hist. N. E. i. 106, 107.) Ambrose Gibbons
in a letter, which is numbered V. in the Appx., and dated in July, 1633, says,
" the governor" (Neal) " departed from the plantation the fifteenth of July in
the morning."
IV. The name of Northam was not given to Dover until the arrival there
of Thomas Larkham in 1640, when it was changed from the name of Dover,
which it had received the year before, (Winthrop, i. 326) to Northam, prob^
ably to gratify Larkham, who had been a preacher at a place of that name,
near Barnstable, in England.
V. The settlement at Pascataqua, or Portsmouth, was called Strawberry-.
Bank until 1653, when the inhabitants petitioned the General Court of Mas
sachusetts for an enlargement of territory, and humbly desiring " that the
name of the plantation, being Strawberry Banke (accidentally soe called by
reason of a banke where Strawberries was found in this place)" might be call
ed Portsmouth, " beinge a name most sutable for the place, it beinge the
River's mouth, and a good harbouras any in this land." MS. Petition.]

14 HISTORY OF NEW-HAMPSHIRE. [1633.
Mason and Gorges, who were more sanguine than the rest, and be
came (either by purchase or tacit consent of the others) the principal,
if not sole proprietors. These gentlemen renewed their exertions
with greater vigor, sent over a fresh supply of servants,and materials
for carrying on the settlement, and appointed Francis Will-
iams their governor. He was a gentleman of good sense
and discretion ; and so very acceptable to the people, that when
they combined in a body politic, they continued him at their head.
""The charter by which the council at Plymouth was established,
, had been from the beginning disrelished by theVirginia com-
°' pany ; who spared no pains to get it revoked.1 Their appliT
cations to the king proved fruitless ; but when the parliament began
to inquire into the grievances of the nation, this patent was com
plained of as a monopoly. Sir Ferdinando Gorges, being sum
moned, appeared before them, and both in person and by his coun
cil defended it in a masterly manner, but in vain ; for when the
national grievances were presented to the throne, the patent of
New-England was the first.2 The council also was in disrepute
with the high-church party, for having encouraged the settlement
of the Plymouth and Masjaeljusetts colonists, who fled from their
persecutions. TheseLpL^diceS} against them, operating as dis
couragements to their undertaking, induced the council to resign
their charter to the king ; having previously taken care to secure
some portion of the expiring interest to such of themselves as
were disposed to accept it. The scheme they had in view was
to divide their territory into twelve provinces, under as many pro
prietary governors, subject to one general governor; and they
went so far as to nominate Gorges, then threescore years of age,
for the person, and build a ship of war, which was to bring him
over and remain in the service of the country. But the ship fell
and broke in the launching ; and their project not being sufficient
ly attended to by those in power, they were obliged to be content
with such grants as they could make of those districts, into which
they had divided the country.3 That which was made to Ma
son comprehended both his former patents, extending from Naum-
keag to Pascataqua, and sixty miles northwestward within the
land, together with the south half of the Isles of Shoals, and ten
thousand acres at Sagadahock ; saving to those already settled
within these limits, the property of their lawful grants on paying
"some small acknowledgment" to the proprietor.4 This grant
was dated the twenty-second of April.* 5 In June following,
(1) Hubbard's MS. Hist. (2) Gorges' Narrative, p. 22 and 44. (3) Hub
bard's MS. Hist. (4) Files of the Superior Court. (5) Hubbard's MS. Hist.
" Whether Captain Mason had his title confirmed by the king after tha
surrender of the charter is a point that has been questioned. I shall here col
lect what evidence I have met with on both sides.
In a pamphlet published in 1728, containing a detail of the grants and
transactions of Capt. Mason, it is said " King Charles I. by charter dated
f Aug. 19, 1635, gives, grants and confirms unto Capt. John Mason, thea

1635.] GRANTS AND SETTLEMENTS. 15
the council surrendered their charter to the king ; and in Septem
ber, Gorges sold to Mason a tract of land on the northeast side of
the river Pascataqua, extending three miles in breadth, and fol^
lowing the course ofMhe river from its mouth to its farthest head,
including the saw-mill which had been built at the falls of New
ichwannock.1 But death which puts an end to the fairest prospects, cut off
all the hopes which Mason had entertained of aggrandizing his
fortune, by the settlement of New-Hampshire. By his last will,
which he signed a few days before his death, he disposed of his
American estate in the following manner, viz. ' To the corpora-
'tion of Lynn Regis in Norfolk, the place of his nativity, he gave
' two thousand acres of land in New-Hampshire, subject to the
'yearly rent of one penny per acre to his heirs, and two fifths of
,' all mines royal ; on condition that five families should within five
' years be settled thereupon. To his brother in law John Wallas-
' ton, three thousand acres, subject to the yearly rent of one shil-
' ling. To his grandchild Anne Tufton, ten thousand acres at
' Sagadahock. To Robert Tufton, his grandson, he gave his
' manor of Mason-hall, on condition that he should take the sur-
' name of Mason. He also gave to his brother Wallaston in trust,
' one thousand acres for the maintenance of " an honest, godly
" and religious preacher of God's word ;" and one thousand more
' for the support of a grammar-school ; each of these estates to
' be conveyed to feoffees in trust, and their successors, paying an-
(1) Printed state of Allen's title.
" called treasurer and paymaster of his army, his heirs and assigns, all the
" aforesaid tract of land, granted to him by the council of Plymouth, by the
" name of the province of New-Hampshire; with power of government, and as
" ample jurisdiction and prerogatives as used by the bishop of Durham ; cre-
" ating him and his aforesaids absolute lords and proprietors of the province of
" New-Hampshire, with power of conferring honors, &c. On this authori
ty (I suppose) Douglass has asserted the same thing.(l) On which Hutchin
son remarks " This is not probable. His heirs were certainly unacquainted'
" with it, or they would have made mention of it before the king in council
" in 1691. "(2) The report of the Lords Chief Justices in 1677, wherein the
several grants are recited, makes no mention of this : But on the contrary it
is said, " As to Mr. Mason's right of government within the soil he claimed,
" their lordships, and indeed his own council, agreed he had none; the great
" council of Plymouth, under whom he claimed, having no power to transfer
" government to any." The Lords of Trade in a report to the king in 1753,
say, " It is alleged that this last grant to Mason was ratified and confirmed
" by the crown, by charter dated- Aug. 19, 1635, with full power of civil ^uris-
" diction and government, but no such charter as this appears upon record. '
None of Mason's heirs ever attempted to assume government by virtue of
such a charter, as the heirs of Gorges did in the province of Maine. Robert
Mason was appointed counsellor by mandamus, and Samuel Allen, who pur
chased the title, was governor by commission from the crown.
There is an original letter in the Recorder's files,written by George Vaughan
to Ambrose Gibbons, both factors for the company of Laconia, April 10, 1636,
long before any controversy arose on this point, which may give more light to
it than any thing that has yet been published. [This letter is in the Appendix
of first edition.] (1) Doug. Summary, i. 418 (2) Hist. Mass. i. 317.

l6 HISTORY OF NEW-HAMPSHIRE. [1635.
' nually one penny per acre to his heirs. The residue of his es-
' tate in New-Hampshire he gave to his grandson John Tufton, he
' taking the surname of Mason, and to his lawful issue ; or in want
' thereof to Robert Tufton and his lawful issue ; or in want there-
'of to Doctor Robert Mason, chancellor of the diocese of Win-
' Chester, and his lawful issue ; or, in want of such issue, to his
' own other right heirs forever ; provided that it should not go out
' of the name of Mason. The residuary legatee was required to
' pay five hundred pounds out of this estate to his sister Mary and
' all the grandchildren were to relinquish their right to one thou-
' sand pounds due from this estate to their father Joseph Tufton.'
The estate in America was valued in the inventory at ten thou
sand pounds sterling.
The Massachusetts planters viewed Mason as their enemy, l
because he, with Gorges, had privately encouraged some persons
whom they had censured and sent home, to petition against them
as disaffected to the government; and had endeavored to get their
charter set aside, to make way for the scheme of a general gov
ernor.* Butjhough Mason and Gorges had not the same religious views
with the Massachuse'tts planters, yet their memory deservesTe"-
spect. They were both heartily engaged in the settlement of the
country; they sunk their estates in the undertaking, and "reaped
no profit to themselves ; yet their enterprising spirit excitecTern-
ulation in others, who had the advantage of improving their plans
and avoiding their mistakes. Gorges accounted for the ill suc
cess of his adventures in the following manner.2 1. He began
when there was no hope of any thing for the present but loss ;
as he had first to seek a place ; which, being found, was a wil
derness ; and so gloomy was the prospect, that he could scarce
procure any to go, much less to reside in it ; and those whom he
at length sent, could not subsist but on the provisions with which
he supplied them. 2. He sought not barely his owji__rjrofiltj^it
the thorough discovery ~of^rhe-eeuntry| wherein he went ..so far
(1) MS. in Superior Court files. (2) Gorges' Narrative, p. 49.
* Mr. Hubbard relates the following anecdote, without mentioning the name
of the person." " One of the gentlemen who was known to be one of the
" greatest adversaries to the affairs of the Massachusetts, fell sick and died.
" In his sickness, he sent for the minister, and bewailed his enmity against
" them : and promised if he recovered, he would be as good a friend to iNew-
" England, as he had been an enemy ; but his fatal hour being come, his pur-
" poses of that nature were cut off. The passage aforegoing was certified by
" letters from Lord Say and others to the governor of New-England about the
" year 1635."
Governor Winthrop has the following remark in his Journal. " 1636. The
" last winter Captain Mason died. He was the chief mover, in all attempts
" against us ; and was to have sent the general governor ; and for this end was
" providing ships. But the Lord, in mercy, taking him aw*, all the business
" fell on sleep." [Winthrop, Hist. N. E. i. 187.]
* [Dr. Belknap has added in the corrected copy this note : " It appears
from Winthrop's Journal that this was Morton, p. 208."J

J
1635.] SETTLEMENTS. V17
(with the help of his associates) as to open the way for others to v
make their gain. 3. He never went in person to oversee the
people whom he employed. 4. There was no settled govern
ment to punish offenders, or mispenders of their masters' goods.
Two other things contributed to the disappointment in as great, if_
not a greater degree, than what he has assigned. The one was
that instead of applying themseisjes-ciuefly to husbandry, the orig
inal source of wealth and irrjiependence)in such a country as this ;
he and his associates, being merchants, were rather intent on trade
and fishery as their primary objects. These cannot be profitable
in a new country, until the foundation is laid in the cultivation of
the lands. If the lumber trade and. fishery cannot nowj3ejcarrie,cL
ontojriyjij^gej, without^ ; the constant aid of husbandry _Jn their
rielghDorhoo^ how could a colony of traders .Emd fishermen make
p'rofitabTe""returns to their employers, when the husbandry neces-
s^r-for-theirTStroport was at the distance of Virginia or England ?
The other mistake, whiclzthese-adventurers fell into was the idea
onordship^and the-granting_onaridsj]at3s^fr.eeholds,;.but by leases
subject to quit-rents. To settle a colony of tenants in a, climate
so far northward, where the charges ^subsistence and hnprove-
ment were much greater thaiTtnevalue of the lands, after thelm-
prrjyernei'fts" wtu'e irratfe"r*esTjecid-lr"in th'e.Mfehboi^oatLflX^orre-
spjfl^ie^iJjfiK®iniSrcoldny -as. that of Massachusetts, was .in
deed a chimerical prpject^fld badjiaLlhJe_wIgex.,P-e.Q.p,le among
tEerfT~sougTitjr~unioR with Massachusetts,, in,, all. probability the
settlements must have been deserted.

CHAPTER II.
Troubles at Dover. Settlements of Exeter and Hampton. Ruin of Mason's
interest. Story of Underhill. Combinations at Portsmouth and Dover.— •
Union of New-Hampshire with Massachusetts.
Whilst the lower plantation on the river Pascataqua lay under
discouragement by the death of its principal patron, the upper
settlement, though carried on with more success, had peculiar
difficulties to struggle with. Two thirds of this patent belonged
to some merchants of Bristol, the other third to some of Shrews
bury ; and there was an agreement that the division should be
made by indifferent men. ' Captain Wiggin who was sent oyer to
superintend their affairs, after about one year's residence in the
country made a voyage to England, to procure more ample
means for carrying on the plantation. In the mean time, those
of Bristol had sold their interest to the lords Say and Brook,
George Willys and William Whiting, who continued Wiggin in

18 HISTORY OF NEW-HAMPSHIRE. [1633.
the agency, and procured a considerable number of families in
the west of England, some of whom were of good estates, and
" of some account for religion," to come over and increase
1633- the colony.1 It appears from ancient records that Wiggin
had a power of granting lands to the settlers ;2 but, as trade was
their principal object, they took up small lots, intending to build
a compact town on Dover Neck, which lies between two branch
es of the river, and is a fine, dry, and healthy situation ; so high
as to command all the neighboring shores, and afford a very ex
tensive and delightful prospect. On the most inviting part of this
eminence they built a meeting-house, which was, afterward sur
rounded with an entrenchment and flankarts, the remains of which
are still visible. Wiggin also brought over William Leveridge, a
worthy and able puritan minister ; but his allowance from the ad
venturers proving too smalrfor his support in a new country, where
all the necessaries of life were scarce and dear, he was obliged to
remove to the southward ; and settled at Sandwich in the colony
of Plymouth.* This proved an unhappy event to the people,
who, being left destitute of regular instruction, were exposed to
. the intrusions of artful impostors.
-„ . The first of these was one Burdet.f He had been a
minister at Yarmouth in England ; but either really or
pretendedly taking offence at the extravagancies of the bishops
and spiritual courts, came over to New-England, and joined with
the church in Salem, who employed him for a year or two as a
preacher, being a good scholar and plausible in bis behaviour ; 3
But, disgusted with the strictness of their discipline, he removed
fi„ - to Dover ; and continued for sometime in good esteem
with the people as a preacher ; till by artfnl insinuations
he raised such a jealousy in their minds against Wiggin their gov-
(1) Hubbard's MS. Hist. (2) Dover Records. (3) Hubbard's MS. Hist.
* [Rev. William Leveridge arrived at Salem in the ship James, on the 10
October, 1633, in company with Captain Thomas Wiggin of Pascataqua. He
remained at Dover less than two years, and went from thence to Boston , where
he was admitted a member of the First church, 9 August, 1635. He was at
Sandwich in 1640, and, it is believed as late as 1652. In 1657, he was employ
ed as a missionary by the commissioners of the United Colonies. He accom
panied the people who made the first settlements at Huntington and Oyster-
Bay, on Long-Island, who seem, says Mr. Wood, " to have composed one com
pany, or to have arrived at nearly the same time. He settled in Huntington,
and is mentioned as the minister of that place in the earliest records of the
town. He remained there until 1670, when he removed to Newtown, on the
same island. Hubbard characterises him as " an able and worthy minister."
Mr. Wood says, that in one of the books among the town records of Newtown,
there is a commentary on a large part of the old testament, presumed to have
been made by him. Some of his posterity still reside at Newtown, and are
among the most respectable people of that place. Johnson, Hist. N. E. 226.
Winthrop, Hist. N. E. i. 115, 331. Hubbard, Hist. N. E. 221, 603. Wood,
Hist. Sketch of the Towns on Long-Island, 3d edit. 43 — 45. Records of First
Church Boston.]
t [His name was George. He was admitted freeman, 2 September, 1635.—
The authorities for what is said of him are, Hubbard, Hist. N. E. 221 263 353
—356, 361, and Winthrop, Hist. N. E. i. 276, 281, 291, 298, 326. ii. 10.]

1636.] SETTLEMENTS. 19
ernor, that they deprived him of his office, and elected Burdet in
his place.
During his residence here, he carried on a correspondence with
Archbishop Laud to the disadvantage of the Massachusetts .£„„
colony, representing them as hypocritical and disaffected,
and that under pretence of greater purity and discipline in matters of
religion, they were aiming at independent sovereignty ; it being ac
counted perjury and treason by their general court, to speak of ap
peals to the king. The prelate thanked him for his zeal in ^ fi„s
the king's service, and assured him that care should be taken
to redress those disorders when leisure from their other concerns
would permit. This letter of the archbishop was intercepted, and
shewn to the governor of Massachusetts. Burdet's villainy was
considered as the more atrocious, because he had been admitted
a freeman of their corporation, and had taken the oath of fidelity.
A copy of his own letter was afterward found in his closet.
About this time, the Antinomian controversy at Boston having
occasioned the banishment of the principal persons of that sect,
several of them retired to this settlement, being without the juris
diction of Massachusetts. When this was known, Governor Win
throp wrote to Wiggin, Burdet and others of this plantation, 'that
' as there had hitherto been a good correspondence between them
' it would be much resented if they should receive the exiles ; and
' intimating the intention of the general court to survey the utmost
' limits of their patent, and make use of them.'1 To this Burdet
returned a scornful answer, refusing to give the governor his title.
The governor thought of citing him to court to answer for his con
tempt; but was dissuaded from it by Dudley, the deputy-govern
or, who judged it imprudent to exasperate him, lest he should
avenge himself by farther accusing them to their enemies in Eng
land. The governor contented himself with sending to Hilton an
account of Burdet's behaviour, inclosing a copy of his letter, and
cautioning the people not to put themselves too far under his pow
er. His true character did not long remain secret ; for being de
tected in some lewd actions he made a precipitate removal to
Agamenticus, now York, in the province of Maine, where he also
assumed to rule, and continued a course of injustice and adultery
till the arrival of Thomas Gorges, their governor, in 1640, who
laid a fine on him, and seized his cattle for the payment of it.*
He appealed to the king, but his appeal not being admitted, he
departed for England full of enmity against these plantations.
When he arrived, he found all in confusion ; and falling in with
the royalists was taken and imprisoned by the parliamentary party,
which is the last account we have of him.2
One of the exiles on account of the Antinomian controversy,
(1) [Winthrop, Hist. N. E. i. 276.] (2) [Hubbard, Hist. N. E. 361.]
* The records of the court mention him as " a man of ill name and fame, in
famous for incontinency." Lib. A. Sept. 8th, 1640.

20 HISTORY OF NEW-HAMPSHIRE. [163S.
was John Wheelwright, brother to the famous Anne Hutchinson.
He had been a preacher at Braintree, which was then part of
Boston, and was a gentleman of learning, piety and zeal. || Hav
ing engaged to make a settlement within ten years, on the lands
he had purchased of the Indians at Squamscot falls, |] he with a
number of his adherents began a plantation there, |]which ac
cording to the agreement made with Mason's agents, they called
Exeter. || Having obtained a dismission from the church in Bos
ton,* they formed themselves into a church ; and judging them
selves without the jurisdiction of Massachusetts, they combined
into a separate body politic,f and chose rulers and assistants, who
were sworn to the due discharge of their office, and the people
were as solemnly sworn to obey them. Their rulers were Isaac
Grosse, Nicholas Needham, and Thomas Wilson ; each of whom
continued in office the space of a year, having two assistants. 1
The laws were made in a popular assembly and formally consent
ed to by the rulers. Treason, and rebellion against the king,
(who is styled " the Lord's anointed") or the country, were made
capital crimes ; and sedition was punishable by a fine of ten
pounds, or otherwise, at the discretion of the court. This combi
nation subsisted three years.
About the same time, a plantation was formed at Winnicumet,|
which was called Hampton. The principal inducement to the
making this settlement was the very extensive salt-marsh, which
was extremely valuable, as the uplands were not cultivated so as
to produce a sufficiency of hay for the support of cattle. With a
(1) Exeter Records.
* The names of those who were thus dismissed were —
John Wheelwright, Philemon Purmot, George Baytes,
Richard Morrys, Isaac Grosse, Thomas Wardell,
Richard Bulgar, Christopher Marshall, William Wardell.
Boston Church Records.
t [The persons who entered into an agreement at this time ' to erect and set
up among themselves, such government as should be to their best discerning,
agreeable to the will of God,' were the following :
George Barlow, Edmund Littlefield, Thomas Pettit,
Richard Bulgar, Philemon Purmont, Samuel Walker,
William Cole, Henry Roby, James Wall,
John Cram, Francis Matthews, George Walton,
Thomas Crawley, Richard Morris, Thomas Wardhall,
Henry Elkins, Nicholas Needham, William Wardhall,
Godfrey Dearborn, George Rawbone, William Wentworth,
Darby Field, Robert Read, John Wheelwright,
Ralph Hall, Edward Rishworth, William Winborne,
Christopher Helme Robert Seward, Thomas Wilson,
Christopher Lawson, Robert Smith, Thomas Wright.
Thomas Leavitt, Augustine Storre,
Descendants of several of the persons here named are still found in Exeter
and its neighborhood. The name of Storre has been variously written, as Star,
Starr, Stor and Story, butl am assured by John Kelly, Esq., of Northwood, that
his signature to the agreement alluded to, is Storre. The name of Wardhall
is found written Wardell and Wardmell. Rawbone may be a mistake for Rath-
hone.] } [This name is called Winicowett by Winthrop.]

1638.] SETTLEMENTS. 21
view to secure these meadows, the general court of Massachusetts
had, in 1636, empowered Mr. Dummer* of Newbury, with John
Spencer, f to build an house there at the expense of the colony, 1
which was to be refunded by those who should settle there. Ac
cordingly, an house was built, and commonly called the Bound-
house ; though it was intended as a mark of possession rather than
of limits. The architect was Nicholas Easton, who soon after
removed to Rhode-Island, and built the first English house in
Newport.2 J
This entrance being made, a petition was presented to the court
by a number of persons, chiefly from Norfolk in England, praying
for liberty to settle there, which was granted them.3 They began
the settlement by laying out a township in one hundred and forty-
seven shares ;4 and having formed a church, chose Stephen Batch-
elor for their minister, with whom Timothy Dalton was soon after
associated. The number of the first inhabitants was fifty-six. ||
(1) Massa. Records. (2) Calender's Century Sermon, p. 73. (3) MS. of
Mr. Gookin. (4) Massa. Records, Sept. 8, 1638.
* [Richard Dummer was one of the principal men of the Massachusetts col
ony. He was born at Bishop-Stoke, England, and came to N. E. in 1632, re
sided first at Roxbury, from whence he soon removed to Newbury, where he
died 14 December, 1679, aged 88. He was elected an assistant in 1635 and
1636, and representative in 1640, and from 1645 to 1647.]
t [John Spencer resided in Ipswich and Newbury. He was representative
one year in 1635. He returned to England in 1638, and died in 1648.]
$ [Nicholas Easton, one of the first settlers of Ipswich, for which place he
was elected a deputy to the General Court of Massachusetts in March, 1635,
but did not hold his seat, after a short residence at Newbury, removed to
Rhode-Island, where he was elected governor in 1672 and 1673. He died in
1685, aged 83.]
|[ Some of their names are mentioned in the Court Records, viz.
Stephen Batchelor, Thomas Molton,
Christopher Hussey, William Estow,
Mary Hussey ,widow, William Palmer,
Thomas Cromwell, William Sargeant,
Samuel Skullard, / Richard Swayne,
John Osgood, William Sanders,
Samuel Greenfield, Robert Tucke,
John Molton, John Cross.
[Among the files of the ancient county of Norfolk, kept in the office of the
clerk of the court of common pleas, in Salem, is " A Note of the Families in
Hampton, the first summer Mr. Batchelor came to Hampton," which will be
here added. The names of baptism are generally omitted, but I have en
deavored to supply them, including them in parentheses. Those with a ||
prefixed are styled Goodman; the year added to each shows the time of ad
mission as freemen.
" John Browne 1638 ? Married Men.
(Philemon) Dalton 1636

Mr. (Christopher) Hussey 1634
' (Edmund) Johnson
(Robert) Tucke 1639

(John) Huggins
(Jeofiry) Mingay 1640

Thomas Jones 1638 Thomas Moulton 1638
(Robert) Saunderson 1639 John Moulton 1638
(James) Davis 1640 William Palmer lt>38
(Richard) Swaine 1640 || (Thomas) Marston 1641
(Samuel) Greenfield 1635 1) (William) Estowe 1638
Abraham Perkins 1640 Lieut. (William) Hayward 1640

22 HISTORY OF NEW-HAMPSHIRE. [1638.
The authority of Massachusetts having established this settle
ment, they, from the beginning, considered it as belonging to their
colony.1 Though the agent of Mason's estate made some objec
tion to their proceeding, yet no legal method being taken to con
trovert this extension of their claim, the way was prepared for one
still greater, which many circumstances concurred to establish.
After the death of Captain Mason, his widow and executrix
sent over Francis Norton as her " general attorney ;" to whom
she committed the whole management of the estate.2 But the
expense so far exceeded the income, and the servants grew so
impatient for their arrears, that she was obliged to relinquish the
care of the plantation, and tell the servants that they must shift for
themselves ; upon which, they shared the goods and cattle. Nor
ton drove above an hundred oxen to Boston, and there sold them
for twenty-five pounds sterling per head, which it is said was the
current price of the best cattle in New-England at that time.*
These were of a large breed, imported from Denmark, from
whence Mason had also procured a number of men skilled in
sawing plank and making potashes. Having shared the stock
and other materials, some of the people quitted the plantation ;
(1) MS. Deposition in Superior Court files. (2) Anne Mason's Letters,
and MS. Depositions in Superior Court files.

Isaac Perkins

Francis Peabody 1642
Young Men that had Lots.
William Wakefield 1638
William Fifield
Moses Cox
Thomas King
Anthony Taylor
Thomas Ward 1637
Giles Fuller
|| (William) Saunders
Daniel Hendrick
John Wedgewood
Thomas Chase
|| (William) Fuller 1641

1642 Robert Cassell

|| (John) Cross
William Sargeant
Arthur Clark
The second Summer.
(Robert) Page
(William) Marston
(Joseph) Austin
(Joseph) Smith
(John) Philbrick
(William) English
(Walter) Roper
(Henry) Ambrose
Widdow Parker

1639
1640

1642

164216421641

The names of Stephen Batchelor, Timothy Dalton, Mary Hussey, widow,
Thomas Cromwell, Samuel Skullard and John Osgood, which are in Dr.
Belknap's list, do not appear in the preceding. Cromwell and Skullard re
sided in Newbury, and Osgood settled at Andover, where he died in October
1651, aged 56. Most of the first settlers of Hampton had previously lived in
other towns in the Massachusetts colony, after their emigration from England
In 1643, 1 find the following additional names at Hampton, viz. James Davis
jr., Francis Swaine, William Marston, jr., Thomas Linnet, William Sanborn'
John Sanborn, Stephen Sanborn, William Huntington, Aquila Chase ances
tor of the Chase families in New-Hampshire, Richard Knight and Edward
Tucke.] * [Norton did not return to New-Hampshire, but took up his residence at
Charlestown, and being, as Johnson says in Hist. N. E., 192 " a man of a
bold and cheerful spirit well disciplined, and an able man,"' was admitted
freeman of the colony in 1642; chosen a member of the Ancient and Honor
able Artil ery Company in 1643, and captain of the Charlestown t"al„ bTnd
He was elected a deputy to the General Court eleven vears v,V in 1R47
1650, 1652-1661, excepting 1656 and 1657. He died 27 July" 1667.'] '

1638.J - SETTLEMENTS. 23
others of them tarried, keeping possession of the buildings and
improvements, which they claimed as their own ; the houses at
Newichwannock were burned ; and thus Mason's estate was ru
ined. These events happened between 1638 and 1644.
Among the Antinomians who were banished from Boston, and
took refuge in these plantations, was Captain John Underbill, in
whose story will appear some very strong characteristics of the
spirit of these times.1 He had been a soldier in the Netherlands,
and was brought over to New-England by Governor Winthrop, to
train the people in military discipline. He served the country in
the Pequod war, and was in such reputation in the town of Bos
ton, that they had chosen him one of their deputies.2 Deeply
tinctured with Antinomian principles, and possessed of an high
degree of enthusiasm, he made a capital figure in the controversy ;
being one of the subscribers to a petition in which the court was
censured, with an indecent severity, for their proceedings against
Wheelwright. For this offence, he was disfranchised. He then
made a voyage to England ; and upon his return petition- Nov. 15,
ed the court for three hundred acres of land which had 1637-
been promised him for his former services, intending to remove
after Wheelwright. In his petition, he acknowledged his offence
in condemning the court, and declared " that the Lord had brought
" him to a sense of his sin in that respect, so that he had been in
" great trouble on account thereof." On this occasion, the court
thought proper to question him concerning an offensive expression,
which he had uttered on board the ship in which he came from
England, " that the government at Boston were as zealous as the
" scribes and Pharisees, and as Paul before his conversion." He
denied the charge, and it was proved to his face by a woman who
was passenger with him, and whom he had endeavored to-seduce
to his opinions. He was also questioned for what he had said to
her concerning the manner of his receiving assurance, which was
" that having long lain under a spirit of bondage, he could get no
" assurance ; till at length as he was taking a pipe of tobacco,
" the spirit set home upon him an absolute promise of free grace,
" with such assurance and joy that he had never since doubted of
" his good estate, neither should he, whatever sins he might fall
" into." This he would neither own nor deny ; but objected to
the sufficiency of a single testimony. The court committed him
for abusing them with a pretended retraction, and the next day
passed the sentence of banishment upon him. Being allowed the
liberty of attending public worship, his enthusiastic zeal broke out
in a speech in which he endeavored to prove " that as the Lord
" was pleased to convert Saul while he was persecuting, so he
" might manifest himself to him while making a moderate use of
" the good creature tobacco ; professing withal that he knew not
" wherein he had deserved the censure of the court." The el-
(1) Hubbard's MS. Hist. (2) Prince's Annals, MS.

24 HISTORY OF NEW-HAMPSHIRE. [1638.
ders reproved him for this inconsiderate speech ; and Mr. Cotton
told him, " that though God often laid a man under a spirit of
" bondage while walking in sin, as was the case with Paul, yet
" he never sent a spirit of comfort but in an ordinance, as he did
" to Paul by the ministry of Ananias ; and therefore exhorted him
" to examine carefully the revelation and joy to which he preten-
" ded." The same week he was privately dealt with on suspicion
of adultery, which he disregarded ; and therefore on the next
sabbath was questioned for it before the church ; but the evidence
not being sufficient to convict him, the church could only admon
ish him.
These proceedings, civil and ecclesiastical, being finished, he
removed out of their jurisdiction ; and after a while came to Do
ver, where he procured the place of governor in the room of Bur
det. Governor Winthrop hearing of this, wrote to Hilton and
others of this plantation, informing them of his character. Un
derbill intercepted the letter, and returned a bitter answer to Mr.
Cotton ; and wrote another letter full of reproaches against the
governor to a gentleman of his family, whilst he addressed the
governor himself in a fawning, obsequious strain, begging an ob
literation of former miscarriages, and a bearing with human in
firmities. These letters were all sent back to Hilton ; but too
late to prevent his advancement.
Being settled in his government, he procured a church to be
gathered at Dover, who chose Hanserd Knollys for their minister.
He had come over from England the year before ; but being an
Anabaptist of the Antinomian cast, was not well received in Mas
sachusetts, and came here while Burdet was in office, who forbade
his preaching ; but Underhill, agreeing better with him, prevailed
to have him chosen their minister. To ingratiate himself with
his new patron, Knollys wrote in his favor to the church in Boston ;
styling him " the right worshipful, their honored governor." Not
withstanding which, they cited him again to appear before them ;
the court granting him safe conduct. At the same time, com
plaint was made to the chief inhabitants on the river, of the breach
of friendship in advancing Underhill after his rejection ; and a
copy of Knollys's letter was returned, wherein he had written that
" Underhill was an instrument of God for their ruin," and it was
inquired whether that letter was written by the desire or consent
of the people.1 The principal persons of Portsmouth and Dover
disclaimed his miscarriages, and expressed their readiness to call
him to account when a proper information should be presented ;
but begged that no force might be sent against him. By his in
stigation, Knollys had also written to his friends in England, a
calumnious letter against the Massachusetts planters, representing
them as more arbitrary than the high-commission court, and that
there was no real religion in the country. A copy of this letter
(1) [Winthrop, i. Hist. N. E. 281, 292.]

1639.] SETTLEMENTS. 25
being sent from England to Governor Winthrop, Knollys was so
ashamed at the discovery, that obtaining a license, he went to Bos
ton ; and at the public lecture before the governor, magistrates,
ministers and the congregation, made confession of his fault, and
wrote a retraction to his friends in England, which he left with the
governor to be sent to them.1
Underhill was so affected with his friend's humiliation, and the
disaffection of the people of Pascataqua to him, that he resolved
to retrieve his character in the same way. Having obtained safe
conduct, he went to Boston, and in the same public manner ac
knowledged his adultery, his disrespect to the government and
the justice of their proceedings against him. But his confession
was mixed with so many excuses and extenuations that it gave no
satisfaction ; and the evidence of his scandalous deportment being
now undeniable, the church passed the sentence of excommuni
cation, to which he seemed to submit, and appeared much dejec
ted whilst he remained there.
Upon his return, to please some disaffected persons at the mouth
of the river, he sent thirteen armed men to Exeter to rescue out
of the officer's hand one Fish, who had been taken into custody
for speaking against the king. The people of Dover forbade his
coming into their court till they had considered his crimes and he
promised to resign his place if they should disapprove of his con
duct ; but hearing that they were determined to remove him, he
rushed into court in a passion, took his seat, ordered one of the
magistrates to prison, for saying that he would not sit with an
adulterer, and refused to receive his dismission, when they voted
it. But they proceeded to choose another governor, Roberts, and
sent back the prisoner to Exeter.
A new scene of difficulty now arose. Thomas Larkham, a
native of Lyme, in Dorsetshire, and formerly a minister at ,qaq
Northam near Barnstable, who had come over to New-Eng
land, and not favoring the doctrine, nor willing to submit to the dis
cipline of the churches in Massachusetts, came to Dover ; and be
ing a preacher of good talents, eclipsed Knollys, and raised a party
who determined to remove him. He therefore gave way to pop
ular prejudice, and suffered Larkham to take his place ; who soon
discovered his licentious principles by receiving into the church
persons of immoral characters, and assuming, like Burdet, the civil
as well as ecclesiastical authority. The better sort of the people
were displeased and restored Knollys to his office, who excom
municated Larkham. This bred a riot, in which Larkham laid
hands on Knollys, taking away his hat on pretence that he had
not paid for it ; but he was civil enough afterward to return it.
Some of the magistrates joined with Larkham, and forming a
court, summoned Underhill, who was of Knollys's party, to appear
before them, and answer to a new crime which they had to allege
(1) [Winthrop, Hist. N. E. i. 306, 326.]
6

26 HISTORY OF NEW-HAMPSHIRE. [164G*.
against him. Underhill collected his adherents : Knollys was
armed with a pistol, and another had a bible mounted on an hal-
bert for an ensign. In this ridiculous parade, they marched against
Larkham and his party, who prudently declined a combat, and
sent down the river to Williams, the governor, at Portsmouth, for
assistance. He came up in a boat with an armed party, beset
Knollys's house, where Underhill was, guarded it night and day
till a court was summoned, and then, Williams sitting as judge,
Underhill and his company were found guilty of a riot, and after
being fined, were banished the plantation. The new crime which
Larkham's party alleged against Underhill was, that he had been
secretly endeavoring to persuade the inhabitants to offer them
selves to the government of Massachusetts, whose favor he was
desirous to purchase, by these means, as he knew that their view
was to extend their jurisdiction as far as they imagined their limits
reached, whenever they should find a favorable opportunity.1 The
same policy led him with his party to send a petition to Boston,
praying for the interposition of the government in their case. In
consequence of which, the governor and assistants commissioned
Simon Bradstreet, Esq., with the famous Hugh Peters, then min
ister of Salem, and Timothy Dalton, of Hampton, to inquire into
the matter, and effect a reconciliation, or certify the state of things
to them. These gentlemen travelled on foot to Dover, and find
ing both sides in fault, brought the matter to this issue, that the
one party revoked the excommunication, and the other the fines
and banishment.
In the heat of these disputes, a discovery was made of Knollys's
failure in point of chastity. He acknowledged his crime before
the church ; but they dismissed him and he returned to England,
where he suffered by the severity of the long parliament in 1644;
and being forbidden to preach in the churches, opened a separate
meeting in Great St. Helen's, from which he was soon dislodged,,
and his followers dispersed.2 He also suffered in the cause of
non-conformity in the reign of King Charles the second, and at
length (as it is said) died " a good man in a good old age," Sep
tember 19, 1691, Mt. ninety-three.3
Underhill having finished his career in these parts, obtained
leave to return to Boston, and finding honesty to be the best poli
cy, did in a large assembly, at the public lecture, and during the
sitting of the court, make a full confession of his adultery and hy
pocrisy, his pride and contempt of authority, justifying the church
and court in all that they had done against him, declaring that his
pretended assurance had failed him, and that the terror of his
mind had at some times been so great, that he had drawn his
sword to put an end to his life. The church being now satisfied,
restored him to their communion.4 The court, after waiting six
(1) [Winthrop, Hist. N. E. ii. 27, 28.] (2) Neal's Hist. Puritans. 4to. vol.
li. p. 118. (3) Neal's Hist. N.E. vol. i. p. 216. Mather's Magnal. lib. 8. p.
7. (4) Prince's Annals.

1640.] SETTLEMENTS. 27
months for evidence of his good behaviour, took off his sentence
of banishment, and released him from the punishment of his adul
tery : the law which made it capital having been enacted after
the crime was committed, could not touch his life. Some offers
being made him by the Dutch at Hudson's river, whose language
was familiar to him, the church of Boston hired a vessel to trans
port him and his family thither, furnishing them with all necessa
ries for the voyage.1 The Dutch governor gave him the com
mand of a company of an hundred and twenty men, and he was
very serviceable in the wars which that colony had with the Indians,
having, it is said, killed one hundred and fifty on Long-Island,
and three hundred on the Main. He continued in their service
till his death.*
We find in this relation a striking instance of that species of
false" religion, wlncli, having its seat-in the imagination, instead of
making the heart better and refgrmiag„the life,, inflame s4h.e. pas
sions, stupifies reason, and produces the wildest effects in the be
haviour. The excesses of enthusiasm have often been, observed
to lead to sensual gratifications i tEe same. natural . fejyor b.ejng
sufficient' to produce" TJothT IT cannot be strange -that they who
decry morality, should "indulge such gross and scandalous enormi
ties as are sufficient to invalidate all those evidences of their re
ligious character on which they lay so much stress. But it is not
so surprising that men should be thus misled, as that such frantici
zealots should ever be reduced to an acknowledgment of their of
fences ; which, in this instance, may be ascribed to the strict dis-|
eipline then practised in the churches of New-England.
(1) Hubbard's MS. Hist. [p. 365 printed copy.]
* [Mr. Wood says he settled at Stamford in Connecticut, and was a dele
gate from that town to the court of New-Haven in 1643, and was appointed
an assistant justice there. In the war between the Dutch and Indians from
1643 to 1646, he had a principal command. After this war, which was ter
minated by a great battle at Strickland's plain, and in which the Dutch with
difficulty obtained the victory, he settled at Flushing, on Long-Island. He
had some agency in detecting and exposing the intrigues of the Dutch treas
urer in 1653. In 1665, he was a delegate from the town of Oyster-Bay to
the Assembly, holden at Hempstead by Governor Nicolls, and was appointed
by him, under-sheriff of the north riding of Yorkshire or Queen's county. In
1667, the Matinecoc Indians gave him 150 acres of land, which has remained
in the family ever since, and is now in possession of one of his descendants
that bears his name. It is supposed that Captain Underhill died at Oyster-
Bay in the year 1672. See Wood's Sketch of the First Settlement of the sev
eral/Towns on Long-Island, 3d edit. 1828, 76. The author of this work in a
letter to me, dated at Huntington, L. I., 5 November, 1827, says, "the de
scendants of Captain Underhill are numerous and very respectable. His el
dest son John was a magistrate and a man of influence and very serviceable.
The most of his posterity have changed the warlike habiliments of their an
cestor for the Quaker habit. One of his female descendants, who resides
within six miles of Huntington, is clerk of a meeting in that neighborhood, an
office of considerable importance among the Friends. She is regarded as a
woman of superior talents and acquirements." The name of Underhill still
exists in New-Hampshire. Whether those bearing it are descendants of
Capt. John Underhill, I have not ascertained. There was a Giles Underhill
in New-Hampshire in 1668, who is mentioned in the N. H. Republican of 29
January, 1823, printed at Dover.]

28 HISTORY OF NEW-HAMPSHIRE. [1640.
The people of Dover and Portsmouth during all this time had
no power of government delegated from the crown ; but finding
the necessity of some more determinate form than they had yet
enjoyed, combined themselves each into a body politic after the
example of their neighbors at Exeter. The inhabitants of Dover,
O t 22 ^y a written instrument, signed by 41 persons, agreed to
submit to the laws of England, and such others as should
be enacted by a majority of their number, until the royal pleasure
should be known.1 The date of the combination at Portsmouth
is uncertain, their first book of records having been destroyed in
1652, after copying out what they then thought proper to pre
serve.2 Williams, who had been sent over by the adventurers,
was by annual suffrage continued governor of the place, and with
him were associated Ambrose Gibbons and Thomas Warnerton*
M „. in quality of assistants. During this combination, a
y ' grant of fifty acres of land for a glebe was made by the
governor and inhabitantsf to Thomas Walford J and Henry Sher-
(1) Hubbard, MS. Hist. (2) Portsmouth Records.
* Warnerton had been a soldier. Upon the division of Mason's stock and
goods he carried his share to Penobscot, or some part of Nova-Scotia, where
he was killed in a fray with the French inhabitants. 1644. (Hubbard.) —
[Winthrop, Hist. N. E.ii. 178, gives the circumstances of his death, and Mr.
Savage has added a valuable note pp. 177, 178, which serves more fully to
develope the character of Warnerton, or Wannerton as spelled by Winthrop.]
t This grant is subscribed by
Francis Williams, Governor, John Landen, 1
Ambrose Gibbons, Assistant, Henry Taler,
William Jones, John Jones,
Renald Fernald, William Berry,
John Crowther, John Pickerin,
Anthony Bracket, John Billing,
Michael Chatterton, John Wotten,
John Wall, Nicholas Row,
Robert Pudington, Matthew Coe,
Henry Sherburne, William Palmer.
Portsmouth Records.
(1) [Adams, Annals of Portsmouth, 395, has this name Lander. The name
of Wotten above, he reads Wolten.]
t [Thomas Walford was among the earliest emigrants to the Massachusetts
colony. He was found at Charlestown in 1628, by those who went from Sa
lem, in the summer of that year, to settle that place. He occupied an " En
glish thatchedhouse pallisadoed," and was employed as a smith by trade. He
removed to Pascataqua within a few years, where he appears to have acquired
a considerable estate for those days, as his property at the time of his death
in 1657, was inventoried at £1433 3 8. He possessed some influence and
served in several offices of responsibility. Jane Walford, supposed 'to be his
wife, fell under the censure of dealing in witchcraft, and a prosecution [prob
ably the first, and perhaps the only one of the kind in New-Hampshire ] was
instituted against her, in 1657, which Mr. Adams supposes was dropped as
twelve years afterwards, she brought against her prosecutor an action of slan
der, and obtained a verdict of five pounds, and costs of court. Mr. Walford
probably left descendants as the name continued many years in the eastern
parts of the state. From this early artisan of New-England a mechanic's
News Room, lately established at Charlestown, Massachusetts has received
the name of " Walford hall." See Hubbard, Hist. N. E. 220.— Hutch Hist
Mass. i. 17.— 2 Coll. Mass. Hist. Soc. ii. 163.— Coll. of N. H. Hist. Soc i 255
-257.— Savage, Notes in Winthrop, i. 44, 53.— Adams, Annals of Portsmouth.
26, 38, 39, 40, 395.] '

1640.]

SETTLEMENTS. 29

burne,* church-wardens, and their successors forever, as feoffees
in trust ;l by virtue of which grant the same land is still held, and
being let on long leases, a considerable part of the town of Ports
mouth is built upon it. At this time, they had a parsonage house
and chapel, and had chosen Richard Gibson for their parson, the
patronage being vested in the parishoners. Gibson was sent from
England as minister to a fishing plantation belonging to one Tre-
lawney. He was "wholly addicted to the hierarchy and disci-
" pline of England, and exercised his ministerial function" ac
cording to the ritual.2 He was summoned before the court at
Boston for " scandalizing the government there, and denying
" their title ;" but upon his submission, they discharged hirn
without fine or punishment, being a stranger and about to depart
the country. After his departure, the people of Portsmonth had
James Parkerf for their minister,3 who was a scholar, and had
been a deputy in the Massachusetts court. After him, they had
(1) Portsmouth Records. (2) Gov.Winthrop's Journal, MS. [Vol. ii. p. 66,
Mr. Savage's edition.] (3) Portsmouth Records.
* [Henry Sherburne, it appears from a deposition found among the old
colony files of Massachusetts, was born about the year 1612. He therefore,.
if the same who is mentioned in the text, must have come to New-England
before he was 20 years of age. He was the deputy of Portsmouth to the Gen
eral Court of Massachusetts in 1660, and was living in 1665, and probably at
a later period. The Sherburne family in New-Hampshire has been a distin-
fuished one from the earliest settlement of the state. Capt. Samuel Sher-
urne, of Portsmouth, a worthy officer who was killed by the Indians at Mac-
quoit, is named in this history, sub anno 1691. Samuel Sherburne, who
graduated at Harvard College in 1719, was a merchant of Portsmouth. Hen
ry Sherburne was appointed a mandamus counsellor in 1728, and died 29 De
cember, 1757, aged 83. Henry Sherburne, born in 1710, graduated at Harvard
College in 1728 ; was engaged in mercantile business ; was elected represen
tative of Portsmouth twenty-one years in succession, from January, 1745 ; was
speaker of the House of Representatives from 1755 to 1766, when he was ap
pointed counsellor by mandamus. In 1765, he received the appointment of
Justice of the Superior Court of Common Pleas for the province. He died 30
March, 1767, in the 58th year of his age. (Adams, in Annals of Portsmouth,
220, 221, gives an account of his character.) Joseph Sherburne was appointed
a counsellor of the province in 1733, sworn into office, 1 January, 1734, and
died 3 December, 1744, aged 64. John Sherburne, the fourth counsellor of
the name, received his appointment the year before the revolution commen
ced, and served only one year. He died 10 March, 1797, in his 77th year.
John Samuel Sherburne, Judge of the U. S. District Court for the New-
Hampshire District, is of this family.]
t Governor Winthrop gives this account of him and his ministry. (1642.
10 mo :) " Those of the lower part of Pascataquack invited Mr. James Par-
" ker of Weymouth, a godly man [and a scholar] to be their minister. He,
" by advising with divers of the magistrates and elders, accepted the call, and
" went and taught among them, this winter, and it pleased God to give great
" success to his labors, so as above forty of them, whereof the most had been
" very profane, and some of them professed enemies to the way of our church-
" es, wrote to the magistrates and elders, acknowledging the sinful course
" they had lived in, and bewailing the same, and blessing God for calling them
" out of it, and earnestly desiring that Mr. Parker might be settled amongst
" them. Most of them fell back again in time, embracing this present
" world." 1 He afterward removed to Barbadoes and there settled, (vide
Hutchinson's Collection of papers, p. 155 and 222.) Hutchinson supposes
him to have been minister of Newbury, mistaking him for Thomas Parker.
(1) MS. Journal. [Vol. ii. p. 93 of Mr. Savage's edition.]

30 HISTORY OF NEW-HAMPSHIRE. [1640.
one Browne ; and Samuel Dudley,* a son of Deputy Governor
Dudley ; but these were only temporary preachers, and they did
not obtain the regular settlement of a minister for many years.
Four distinct governments (including one at Kittery on the
north side of the river) were now formed on the several branches
of Pascataqua. These combinations being only voluntary agree
ments, liable to be broken or subdivided on the first popular dis
content, there could be no safety in the continuance of them.
The distractions in England at this time had cut off all hope of
the royal attention, and the people of the several settlements were
too much divided in their opinions to form any general plan of
government which could afford a prospect of permanent utility.
The more considerate persons among them, therefore thought it
best to treat with Massachusetts about taking them under their
protection. That government was glad of an opportunity to re
alize the construction which they had put upon the clause of their
charter wherein their northern limits are defined. For a line
drawn from east to west, at the distance of " three miles to the
" northward of Merrimack river and of any and every part there-
" of," will take in the whole province of New-Hampshire, and the
greater part of the province of Maine, so that both Mason's and
Gorges's patents must have been vacated.1 They had already in
timated their intention to run this east and west line, and presum
ing on the justice of their claim, they readily entered into a nego
tiation with the principal settlers of Pascataqua respecting their
incorporation with them. The affair was more than a year
1641. m agitation, and was at length concluded by an instrument
pr' ' subscribed in the presence of the general court, by George
Willys, Robert Saltonstall, William Whiting, Edward Holyoke,
and Thomas Makepeace, in behalf of themselves and the other
partners of the two patents ; by which instruments, they resigned
the jurisdiction of the whole to Massachusetts, on condition that
the inhabitants should enjoy the same liberties with their own peo
ple, and have a court of justice erected among them. The prop
erty of the whole patent of Portsmouth, and of one third part of
Oct 8 that of Dover> and of a11 tne improved lands therein, was
' reserved to the lords and gentlemen proprietors, and their
heirs forever.
The court on their part consented that the inhabitants of these
towns should enjoy the same privileges with the rest of the colony,
and have the same administration of justice as in the courts of
Salem and Ipswich ; that they should be exempted from all public
charges, except what should arise among themselves, or for their
own peculiar benefit ; that they should enjoy their former liber
ties of fishing, planting and selling timber ; that they should send
(1) Massa. Records.
* Dudley settled at Exeter in 1650,.and died there in 1683, aged 77 " He
was a person of good capacity and learning." Fitch's MS.

1641.] SETTLEMENTS. qi
two deputies to the general court ; and that the same persons who
were authorized by their combinations to govern them, should
continue in office till the commissioners named in this order should
arrive at Pascataqua. These commissioners were invested with
the power of the quarter courts of Salem and Ipswich, and, at
their arrival, they constituted Francis Williams, Thomas Warner
ton and Ambrose Gibbons of Portsmouth, Edward Hilton, Thom
as Wiggin and William Waldron of Dover, magistrates, who were
confirmed by the general court.*
By a subsequent order, a very extraordinary concession was
made to these towns, which shows the fondness that
government had of retaining them under their jurisdiction. 1642.
A test had been established by law, but it was dispensed pt 8'
with in their favor ; their freemen were allowed to vote in town
affairs, and their deputies to sit in the general court though they
were not church-members.1
The people of Dover being left destitute of a minister by the
sudden departure of Larkham, who took this method to avoid the
shame which would have attended the discovery of a crime simi
lar to that for which Knollys had been dismissed, wrote to Massa
chusetts for help. The court took care to send them Daniel
Maud, who had been a minister in England. f He was an hon
est man, and of a quiet and peaceable disposition, qualities much
wanting in all his predecessors.2 Larkham returned to England,
where he continued to exercise his ministry till ejected by the act
of uniformity in 1662, from Tavistock in Devon. He is said to
have been " well known there for a man of great piety and sin
cerity," and died in 1669, M. 69.3 J
(1) Hubbard's MS. [Winthrop, Hist. N. E. ii. 92. Savage, Winthrop, ii.
92.] (2) Math. Mag. (3) Calamy's account of ejected ministers, p. 24.]
* [Hubbard says, " on Sept. 24, 1641, the inhabitants on the south side of
Pascataqua, both at Dover and Strawberry-Bank (since Portsmouth) were de
clared to belong to the Massachusetts jurisdiction, and in pursuance thereof,
a committee was chosen to order matters accordingly." Hist. N. E. 372.]
t [Daniel Maud came to New-England as early as 1635, in which year, on
the 25 October, he was admitted freeman by the Massachusetts colony. He
was employed while at Boston as a schoolmaster. He was the minister of
Dover about thirteen years, and died in 1655.]
1 [1642. The visit of Darby Field to the White Mountains should be placed
under this year. The season of the year, when this visit was made is deter
mined by the following note, among the chronological items in the Rev. Sam
uel Danforth's almanac for 1647. " 1642. (4) [i. e. June] The first discovery
of the great mountaine (called the Christall Hills) to the NW. by Darby Field."
The expedition was deemed so important and atttended with so much labor
and fatigue, that it may be proper to give Gov. Winthrop's account of it
entire. " One Darby Field, an Irishman, living about Pascataquack, being accom
panied with two Indians, went to the top of the White hill. He made hia
journey in 18 days. Hjs relation at his return was, that it was about one hun
dred miles from Saco ; that after 40 miles travel, he did, for the most part as
cend, and within 12 miles of the top, was neither tree nor grass, but low sav
ins, which they went upon the top of sometimes, but a continual ascent upon
rocks, on a ridge between two valleys filled with snow, out of which came

32 HISTORY OF NEW-HAMPSHIRE. [1642.
The inhabitants of Exeter had hitherto continued their combi
nation; but finding themselves comprehended within the claim of
Massachusetts, and being weary of their inefficacious mode of
government they petitioned the court, and were readily
Sept' 8' admitted under their jurisdiction. William Wen-borne,
Robert Smith, and Thomas Wardhall were appointed their mag-
istrates ; and they were annexed to the county of Essex.1 Upon
this Wheelwright who was still under sentence of banishment,
with those of his church who were resolved to adhere to him, re
moved into the province of Maine, and settled at Wells, where his
posterity yet remain. He was soon after restored, upon a slight
acknowledgment, to the freedom of the colony, and removed to
Hampton, of which church he was minister for many years ; un
til he went to England where he was in favor with Cromwell.
But, after the restoration, he returned and settled at Salisbury,
where he died in 1680.2 *
(1) Mass. Records. (2) Hubbard's MS. [pp. 351, 365-368 of the printed
copy.]two branches of Saco river, which met at the foot of the hill, where was an In
dian town of some 200 people. Some of them accompanied him within 8
miles of the top, but durst go no further, telling him that no Indian ever dat
ed to go higher, and that he would die if he went. So they staid there till his
return, and his two Indians took courage by his example and went with him.
They went divers times through the thick clouds for a good space, and within
4 miles of the top they had no clouds, but very cold. By the way, among
the rocks, there were two ponds, one a blackish water, the other reddish.—
The top of all was plain about 60 feet square. On the north side there was
such a precipice, as they could scarce discern to the bottom. They had nei
ther cloud nor wind on the top, and moderate heat. All the country about,
him seemed a level, excepting here and there a hill rising above the rest, but.
far beneath them. He saw to the north a great water which he judged to be
about 100 miles broad, but could see no land beyond it. The sea by Saco
seemed as if it had been within 20 miles. He saw also a sea to the eastward,
which he judged to be the gulph of Canada : he saw some great waters in
parts to the westward, which he judged to be the great lake which Canada
river comes out of. He found there much muscovy glass. They could rive
out pieces of 40 feet long, and 7 or 8 broad." Winthrop, Hist. N. E. ii. 67, 68.
Field again visited the mountains about a month afterwards, in company with
five or six persons. At this time, they brought away some stones which they
supposed were diamonds, but which proved to be crystal. It is to be regret
ted that the other " relation, more true and exact," to which Gov. Winthrop
refers as subsequent, is not to be found in his History. There have been ma
ny accounts of the White Mountains published in the periodicals of the day,
the most satisfactory of whieh may be found in the N. E. Journal of Medicine
and Surgery, for January, 1816, vol. v. 321—338, and in Farmer and Moore's
Collections for April, 1823, vol. ii. 97—107.]
* [Rev. John Wheelwright died 15 November, 1679, at an advanced age,
and probably between 80 and 90 years, as he is said to have been at the Uni
versity with Oliver Cromwell, who, when Wheelwright, while in England,
waited upon him after he became Protector, declared to the gentlemen then
about him, " that he could remember the time when he had been more afraid
of meeting Wheelwright at foot-ball, than of meeting any army since in the
field, for he was infallibly sure of being triptup by him '* (Mather, in Appx.
to in. vol. Belknap, 225.) Mr. Wheelwright came from Lincolnshire to New-
England in 1636. Soon after his arrival, he preached a sermon at Boston,
whieh, being considered by the magistrates as " tending to sedition," occa
sioned his banishment from the colony in November, 16.37. Mr. Savage
who has seen the sermon, says, in Winthrop, i. 215, " that it was not such as

1644.] SETTLEMENTS. 33
After his departure from Exeter, an attempt was made by the
remaining inhabitants to form themselves into a church, .- ..
and call the aged Stephen Batchelor to the ministry, who
had been dismissed from Hampton for his irregular conduct. But
the general court here interposed and sent them a solemn M ^
prohibition, importing " that their divisions were such that
" they could not comfortably, and with approbation, proceed in so
" weighty and sacred affairs," and therefore directing them " to
" defer gathering a church, or any other such proceeding, till they
"or the court at Ipswich, upon further satisfaction of their recon-
¦" ciliation and fitness, should give allowance therefor."1 *
(1) Massa. Records.
as can justify the court in their sentence for sedition and contempt, nor pre
vent the present age from regarding that proceeding as an example and a
warning of the usual tyranny of ecclesiastical factions." There is a copy of
the sermon in MS. in the library of the Massachusetts Historical Society. —
The following exhortation from it is copied by Mr. Savage. " Thirdly, let
us have a care, that we do show ourselves holy in all manner of good conver
sation, both in private and public ; and, in all our carriages and conversations,
let us have a care to endeavor to be holy as the Lord is ; let us not give occa
sion to those that are coming on, or manifestly opposite to the ways of grace,
to suspect the way of grace ; let us carry ourselves, that they may be ashamed
to blame us ; let us deal uprightly with those with whom we have occasion to
deal, and have a care to guide our families and to perform duties that belong
to us ; and let us have a care that we give not occasion to say, we are liber
tines or antinomians."
Mr. Wheelwright, on his banishment, came to New-Hampshire and settled
Exeter as has been stated in the text, having obtained from several Indian
Sagamores, by purchase, a tract of territory thirty miles square — " lying with
in three miles on the northern side of Merrimack river, extending thirty miles
along by the river from the sea side, and from the said river to Pascataqua pa
tent, thirty miles up into the country north west, and so from the falls of
Pascataqua to Oyster River, thirty miles square every way." From Exeter
he went to Wells, in Maine, where he remained, some time, but being releas
ed from his sentence of banishment, he went to Hampton in 1647, where he ap
pears to have remained until 1654, and perhaps later. He was in England in
1658, but returned to this country after the restoration, and succeeded Rev.
William Worcester at Salisbury. His will, made 25 of May, 1679, names his
son Samuel, who lived at Wells, his son-in-law Edward Rishworth, his grand
children Edward Lyde, Mary White, Mary Maverick, William, Thomas and
Jacob Bradbury, to whom he gave his estate in Lincolnshire, in England,
and his lands and tenements and personal property in New-England. Two of
his daughters were living when Mather wrote the letter in Appx. to iii. vol
ume ofBelknap, already cited.]
* [After this, the town of Exeter did not settle a minister until 1650. The
town records show the contract to have been made with Rev. Samuel Dudley
on theT3ofMay, that year. He then, in consideration of the stipulated sal
ary, &c. " agreed to come and inhabit at Exeter, to be a minister of God's
word to the people there, until such time as God should be pleased to make
way for the gathering of a church, and then he is to be ordained Pastor and
Teacher according to the ordinance of God — and was not to leave till death
or some more than ordinary call of God otherways." MS. Note communica
ted by Hon. Jeremiah Smith, LL. D.
Rev. Samuel Dudley was born in 1606, and probably came to New-Eng
land with his father in 1630. He resided a short time at Cambridge, then at
Boston, and removed to Salisbury as early as 1641, and represented that town
in the General Court, at the March and May sessions in 1644. His first
wife, who was Mary, daughter of Gov. Winthrop, died at Salisbury, 12 April,
1643. He afterwards married a second and third wife, by all of whom he had
as many as fifteen children. His eldest son, Thomas, graduated at Harvard
7

34 HISTORY OF NEW-HAMPSHIRE. [1644.
Such a stretch of power, which would now be looked upon as
an infringement of christian liberty, was agreeable to the princi
ples of the first fathers of New-England, wiio-tliougiuUbat civil
government was established for the defence and security of the
church against error both doctrinal and moral. In this sentiment
they were not singular, it being universally adopted by the re
formers, in that and the preceding age, as one of the fundamental
principles of their separation from the Romish church, and neces
sary to curtail the claims of her Pontiff, who assumed a suprem
acy over " the kings of the earth."*

CHAPTER III.
Observations on the principles and conduct of the first planters of New-Eng
land. Causes of their removal. Their fortitude. Religious sentiments. —
Care of their posterity. Justice. Laws. Theocratic prejudices. Intoler
ance and persecutions.
A union having been formed between the settlements on Pas
cataqua and the colony of Massachusetts, their history for the
succeeding forty years is in a great measure the same. It is not
my intention to write the transactions of the whole colony during
that period; but, as many- Qf_the_pgQplje, in New-Hampshijgjiad
the same principles, views and interests whh the other people of
New-England, I shall "make some observations thereon^_an3flQ-
tersperse such "historical fa.cts as may illustrate the subject.""
In the preceding century the holy scriptures, which had long
lain hid in the rubbish of monastic libraries, were brought to public
view -by the happy invention of printing; aud as darkness vanish
es before the rising sun, so the light of divine truth began to dis
sipate those errors and superstitions in which Europe had long
College in 1651, and died 7 November, 1655, aged 21. Several of his sons
were active useful men, and their descendants have been numerous in this
state.] * [Under this year, 1644, Governor Winthrop (Hist. N. E. ii. 177) speak*
of " the contentions in Hampton as grown to a great height " "The whole
town- was divided into two factions, one with Mr. Batchellor their late pastor,
and the other with Mr Dalton their teacher, both men very passionate, and
wanting discretion and moderation. Their differences were not in mattersof
opinion but of practice. Mr. Dalton's party being the most of the church,
and so freemen had great advantage of the other, though a considerable par
ty, and some of them of the church also, whereby they carried all affairs both
m church and town according to their own minds, and not with that respect
to their brethren and neighbors which had been fit. Divers meetings had
been both of magistrates and elders, and parties had been reconciled, but
^™ " w Vxesentiy& al"> f \cb- side being apt to take fire upon any provoca-
fcj h«eupon Mr. Batchellor was advised to remove, and was called to
Sri in tne ™tf" ' °' ^ W"B ^^^

PRINCIPLES OF THE PURITANS. 35
been involved. At the same time, a remarkable concurrence of
circumstances gave peculiar advantage to the bold attempt of
Luther, to rouse Germany from her inglorious subjection to the
Roman Pontiff, and effectuate a reformation, which soon spread
into the neighboring countries. But so intimately were the po
litical interests of kingdoms and states blended with religious
prejudices, that the work, though happily begun, was greatly
blemished and impeded.
Henry the VHIth of England took advantage of this amazing^
revolution in the minds of men, to throw off the papal yoke, and
assert his native claim to independence. But so dazzling was
the idea of power, and the example of the first christian princes,
who had exercised a superintendency in spirituals, as well as tem
porals, that he transferred to himself that spiritual power which
had been usurped and exercised by the bishops of Rome, and
set up himself as supreme head on earth of the church of England ;
commanding both clergy and laity in his dominions to swear al
legiance to him in this newly assumed character.
This claim was kept up by his son and successor Edward the
Sixth, in whose reign the reformation gained much ground ; and
a service-book was published by royal authority as the standard
of worship and discipline for his subjects. This excellent prince
was taken out of the world in his youth ; and his sister Mary,
who then came to the throne, restored the supremacy of the pope,
and raised such fiery persecution against the reformers^ that many
of them fled into Germany and the Netherlands ; where they de
parted from that uniformity which had been established in Eng
land, and became divided in their sentiments and practice respect
ing ecclesiastical affairs : the native effect of that just liberty of con
science which they enjoyed abroad, pursuing their own inquiries
according to their respective measures of light ; uninfluenced by
secular power, or the hope of acquiring dignities in a national es
tablishment. The accession of Elizabeth inspired them with new hopes ;
and they returned home, resolving to attempt the reformation of
the church of England, agreeably to the respective opinions
which they had embraced in their_exile. But they soon found
that the queen, who had been educated in the same manner with
her brother Edward, was fond of the establishment made in his
reign, and was strongly prejudiced in favor of pomp and ceremony
in religious worship. She asserted her supremacy in the most
absolute terms, and erected an high-commission court with juris
diction in ecclesiastical affairs. Uniformity being rigorously en
joined, and no abatement or allowance made for tender conscien
ces, (though it was conceded that the ceremonies were indiffer
ent) a separation from the establishment took place. Those who
were desirous of a farther reformation from the Romish supersti
tions, and of a more pure and perfect form of religion were de-

36 HISTORY OF NEW-HAMPSHIRE.
nominated Puritans; whose principles, as distinguished from
those of the other reformers who were in favor with the queen,
are thus represented.1
" The queen and court-reformers held, 1. That every prince
had the sole authority to correct all abuses of doctrine and wor
ship within his own territories. 2. That the church of Rome
was a true church, though corrupt in some points of doctrine and
government ; that all her ministrations were valid, and that the
pope was a true Bishop of Rome though not of the universal
church. 3. That the scriptures were a perfect rule of faith, but
not a standard of discipline ; and that it was left to the discretion
of the christian magistrate, to accommodate the government of
the church to the policy of the state. 4. That the practice of
the primitive church for the first four or five centuries was a
proper standard of church government and discipline ; and in
some respects better than that of the Apostles, which was only
accommodated to the infant state of the church, while it was un
der persecution ; whereas the other was suited to the grandeur
of a national establishment. 5. That things indifferent in their
own nature, as rites, ceremonies, and habits, might be settled,
determined and made necessary by the command of the civil
magistrate, and that in such cases, it was the duty of the subject
to observe them."
" On the other hand, the Puritans, 1. Disowned all foreign
jurisdiction over the church, but could not admit of that exten
sive power which the crown claimed by the supremacy. How
ever, they took the oath, with the queen's explication, as only
restoring her majesty to the ancient and natural rights of sovereign
princes over their subjects. 2. They held the pope to be anti
christ, the church of Rome a false church, and all her ministra
tions superstitious and idolatrous. 3. That the scriptures were a
standard of discipline as well as doctrine, and if there was need
of a discretionary power, it was vested not in the magistrate, but
in the officers of the church. 4. That the form of government
ordained by the Apostles was aristocratical, and designed as a
pattern to the church in after ages, not to be departed from in
its main principles. 5. That those things which Christ had left
indifferent ought not to be made necessary ; and that such rites
and ceremonies as had been abused to idolatry and superstition,
and had a manifest tendency to lead men back thereto, were no
longer indifferent but unlawful."
u " Both parties agreed too well in asserting the necessity of
-, ^uniformity in public worship, and of using the sword of the mag
istrate for the support and defence of their respective principles ;
which they made an ill use of in their turns, whenever they could
grasp it in their hands. The standard of uniformity according to
I the bishops, was the queen's supremacy and the laws of the land ;
(1) Neal's Hist. Puritans, vol. i. p. 95, 98, 4to.

FIRST SETTLERS OF NEW-ENGLAND. 37
according to the Puritans, the decrees of national and provincial
synods, allowed and enforced by the civil magistrate. Neither
party were for admitting that liberty of conscience and freedom
of~pfofession which is every man's right, as far as is consistent
with the__geice of _c:iyil government. Upon this fatal rock of
untfbTmityj jsvas the peace of die church.fifJEngland split."
"It is melancholy to observe what mischiefs were caused by the
want of a just distinction between civil and ecclesiastical power,
and by that absurd zeal for uniformity, which kept the nation in a
long ferment, and at length burst out into a blaze, the fury of
which was never thoroughly quelled till the happy genius of the
revolution gave birth to a free and equitable toleration, whereby
every man was restored to the natural right of judging and acting
for himself in matters of religion. All the celebrated wisdom of
Elizabeth's government could not devise an expedient so success
ful. Though her reign was long and prosperous, yet it was much
stained with oppression and cruelty toward many of her best sub
jects ; who, wearied with ineffectual applications, waited the ac
cession of James, from whom they expected more favor, because
he had been educated in the presbyterian church of Scotland, and
professed an high veneration for that establishment. But they
soon found that he had changed his religious principles with his
climate, and that nothing was to be expected from a prince of so
base a character, but insult and contempt.
In the beginning of his reign, a great number of the Puritans
removed into Holland, where they formed churches upon their
own principles. But not relishing the manners of the Dutch,
after twelve years, they projected a removal to America, and
laid the foundation of the colony of Plymouth. The spirit of
uniformity still prevailing in England, and being carried to the
greatest extent in the reign of Charles the First, by that furious
bigot Archbishop Laud ; many of the less scrupulous, but con
scientious members of the church of England, who had hitherto
remained in her communion, seeing no prospect of rest or liberty
in their native country, followed their brethren to America, and
established the colony of Massachusetts, from which proceeded
that of Connecticut. 
By such men, influenced by such^motives, were the_priacipal
setdements in New-England effected. The "fortitude and perse
verance which they exhibited therein will always render their
memory dear to their posterity. To prepare for their enterprise,
they had to sell' their estates, some of which were large and val
uable, and turn them into materials for a new plantation, with the
nature of which they had no acquaintance, and of which they
could derive no knowledge from the experience of others. After
traversing a wide ocean, they found themselves in a country full
of woods, to subdue which required immense labor and patience ;
at a vast distance from any civilized people ; in the neighborhood
of none but ignorant and barbarous savages ; and in~a~ climate,

33 HISTORY OF NEW-HAMPSHIRE.
where a winter much more severe than they had been accustom
ed to, reigns for a third part of the year. Their stock of provis
ions falling short, they had the dreadful apprehension of perishing
by famine, one half of their number dying before the first year
was completed ; the ocean on one side separated them from their
friends, and the wilderness on the other, presented nothing but
scenes of horror, which it was impossible for them to conceive of
before they endured them.
But under all these difficulties, they maintained a steady and
pious resolution ; depending on the providence of the supreme
ruler, and never repenting the business on which they had come
into this wilderness. As purity in divine administrations was the
professed object of their undertaking, . so they immediately set
themselves to form churches, on what they judged the gospel plan.
To be out of the reach of prelatic tyranny, and at full liberty to
pursue their own inquiries, and worship God according to their
consciences, (which had been denied them in their own country)
was esteemed the greatest of blessings, and sweetened every bit
ter cup which they were obliged to drink. They always profes
sed that their principal design was to erect churches on the prim
itive model, and that the consideration of temporal interest and
conveniency had but the second place in their views.*
In the doctrinal points of religion, they were of the same mind
with their brethren of the church of England, as expressed in
their articles. The Massachusetts planters left behind them,
when they sailed, a respectful declaration importing that they did
not consider the church of England as anti-christian, but only
withdrew from the imposition of unscriptural terms of commu
nion.1 Some of the Plymouth planters had embraced the narrow
principles of the Brownists, the first who separated from the
church of England ; but by the improvements which they made
in religious knowledge under the instruction of the renowned John
Robinson, their pastor in Holland, they were in a great measure
cured of that sour leaven. The Congregational system of church
government was the result of the studies of that truly pious, learn
ed, humble and benevolent divine, who seems to have had more
of the genuine spirit of the reformation, and of freedom from big
otry, than any others in his day. His farewell'charge to those of
his flock who were embarking in Holland for America, deserves
to be had in perpetual remembrance.2 " Brethren, (said he)
•" we are now quickly to part from one another, and whether 1
(1) Hutch. Hist. vol. i. p. 487. (2) Neal's Hist. N. E. vol. i. p. 84.
* " It concerneth New-England always to remember, that they are orij-
" inally a plantation religious, not a plantation of trade. The profession of
" the purity of doctrine, worship and discipline is written upon her forehead.
" Let merchants, and such as are increasing cent, per cent, remember thi<i
" that worldly gain was not the end and design of the people of New-Eng-
" land but religion. And if any man among us make religion as twelve, and
¦" the world as thirteen, such an one hath not the spirit of a true New-Eng-
'' land man." Higginson's Election Sermon, 1663.

FIRST SETTLERS OF NEW-ENGLAND. 39
" may ever live to see your face on earth any more, the God of
" heaven only knows ; but whether the Lord hath appointed that
" or no, I charge you before God and his blessed angels that you
" follow me no further than you have seen me follow the Lord
" Jesus Christ. If God reveal any thing to you by any other
" instrument of his, be as ready to receive it, as ever you were
" to receive any truth by my ministry ; for I am verily persuaded,
" I am very confident, the Lord has more truth yet to break forth
" out of his holy word. For my part, I cannot sufficiently be-
" wail the condition of the reformed churches, who are come to
" a period in religion, and will go at present no farther than the
" instruments of their reformation. The Lutherans cannot be
" drawn to go beyond what Luther saw ; whatever part of his
" will our good God has revealed to Calvin, they will rather die
" than embrace it. And the Calvinists you see stick fast where
" they were left by that great man of God, who yet saw not all
" things. This is a misery much to be lamented ; for though
" they were burning and shining lights in their times, yet they
" penetrated not into the whole counsel of God ; but where they
" now living, would be as willing to embrace farther light, as that
" which they at first received. I beseech you to remember it as
" an article of your church covenant, that you be ready to re-
" ceive whatever truth shall be made known to you from the writ-
" ten word of God. Remember that, and every other article of
" your sacred covenant. But I must herewithal exhort you to
" take heed what you receive as truth. Examine, consider and
" compare it with other scriptures of truth, before you receive it ;
" for it is not possible the christian world should come so lately
" out of such thick antichristian darkness, and that perfection of
" knowledge should break forth at once." It is much to be regretted
that this excellent man did not live to come to New-England, and to
diffuse more generally such truly catholic and apostolic principles.
Many of the first planters of New-England were persons of
good education, and some of them eminent for their abilities and
learning. Such men could not but see the necessity of securing
to their posterity the advantages which they had so dearly pur
chased. Qne of their first concerns was to have their children-
considered, from their earliest years, as subjects of ecclesiastical
discipline. This became a matter of controversy, and was largely
discussed in sermons and pamphlets, and at length determined
by the authority of a synod. A regular course of academical
learning was a point of equal importance, and admitted of no dis
pute. They saw that the reputation and happiness of the whole
country depended greatly upon it. They therefore took early
care for the establishment of schools, and within ten years from
their first settlement, founded a college at Cambridge,* which,
* " When New-England was poor, and we were but few in number, there
" was a spirit to encourage learning, and the college was full of students " 
Result of a Synod in 1679.

4Q HISTORY OF NEW-HAMPSHIRE.
from small beginnings, by the munificence of its patrons, has
made a distinguished figure in the republic of letters. Many
eminent men have there been formed for the service of the church
and state ; and without this advantage, the country could not
have arrived, in so short a time, at its present respectable state ;
nor have been furnished with men capable of filling the various'
stations of. us'efulness, and of defending our civil and religious
liberties. Though the first planters derived from the royal grants and
charters a political right as subjects of the crown of England, to
this territory ; yet they did not think themselves justly entitled to
the property of it, till they had fairly purchased it ol its native
lords, and made them full satisfaction.* Nor did they content
themselves with merely living peaceably among them, but exert
ed themselves vigorously in endeavoring their conversion to
Christianity, which was one of the obligations of their patent, and
one of the professed designs of their settlement in this country.
This painful work was remarkably succeeded, and the names of
Eliot and Mayhew will always be remembered as unwearied
instruments in promoting it. Great care was taken by the gov
ernment to prevent fraud and injustice toward the Indians in trade,
or violence to their persons. The nearest of the natives were so
sensible of the justice of their English neighbors, that they lived
in a state of peace with them, with but little interruption, for
above fifty years.
Slavery was thought so inconsistent with the natural rights of
mankind, and detrimental to society, that an express law was
made prohibiting the buying or selling of slaves, except those
taken in lawful war, or reduced to servitude for their crimes by a
judicial sentence ; and these were to have the same privileges as
were allowed by the laws of Moses. There was a remarkable
instance of justice in the execution of this law in 1645, when a
negro who had been fraudulently brought from the coast of Africa,
and sold in the country, was, by the special interposition of the
general court, taken from his master in orde.r to be sent home to
his native-land. f How long after this the importation of blacks
* The Abbe Raynal in his elegant History of the East and West Indies,
speaks of the -purchase made of the Indians by William Penn in 1681 as
" an example of moderation and justice in America, which was never thought
" of before, by the Europeans." It can be no derogation from the honor due
to the wise founder of Pennslyvania that the example of this moderation and
justice was first set by the planters of New-England, whose deeds of convey
ance from the Indians were earlier than his by half a century.
In some parts of the country the lands purchased of the Indians are subject
to quit-rent, which is annually paid to their posterity. They have lands re
served to their use, which are not allowed to be purchased of them without
the consent of the legislature.
„ * '' 14' 3d mo- 164Ej- The court thought proper to write to Mr. Williams
of Pascataqua, (understanding that the negroes which Capt. Smyth brought
were fi-audently and injuriously taken and brought from Guinea, by Capt.
Smyth s confession and the rest of the company) that he forthwith send the

FIRST SETTLERS OF NEW-ENGLAND. 41
continued to be disallowed, is uncertain ; but if the same resolute
justice had always been observed, it would have been much for
the credit and interest of the country; and our own struggles for
liberty would not have carried so flagrant an appearance of in
consistency. Severe laws conformable to the principles of the laws of Moses
were enacted against all kinds of immorality. Blasphemy, idol
atry, adultery, unnatural lusts, rape, murder, man-stealing, false
witness, rebellion against parents, and conspiracy against the com
monwealth, were made capital crimes ; and because some doubt
ed whether the magistrate could punish breaches of the four first
commands of the decalogue, this right was asserted in the highest
tone, and the denial of it ranked among the most pestilent here
sies, and punished with banishment. By the severity and im
partiality with which those laws were executed, intemperance and
profaneness were so effectually discountenanced that Hugh Peters,
who had resided in the country twenty years,* declared before
the parliament, that he had not seen a drunken man, nor heard a
profane oath during that period. The report of this extraordinary
strictness, while it invited many of the best men in England to
come over, kept them clear of those wretches who fly from one
country to another to escape the punishment of their crimes.
The professed .design of the plantation being the advancement
of religion, and men of the strictest morals being appointed to
the chief places of government, their zeal for purity of every
kind carried them into some refinements in their laws which are
not generally supposed to come within the sphere of magistracy,
and in larger communities could scarcely be attended to in a
judicial way. The drinking of healths, and the use of tobacco
were forbidden, the former being considered as an heathenish and
idolatrous practice, grounded on the ancient libations; the other
as a species of intoxication and waste of time. Laws were insti
tuted to regulate the intercourse between the sexes, and the ad
vances toward matrimony : they had a ceremony of betrothing,
which preceded that of marriage. Pride and levity of behaviour
came under the cognizance of the magistrate. Not only the
richness but the mode of dress, and cut of the hair were subject
to state-regulations. Women were forbidden to expose their
arms or bosoms to view ; it was ordered that their sleeves should
reach down to their wrist, and their gowns be closed round the
" negro which he had of Capt. Smyth hither, that he may be sent home,
" which this court doth resolve to send back without delay. And if you have
" any thing to allege, why you should not return him to be disposed of by
" the court, it will be expected you should forthwith make it appear either by
" yourself or your agent." Massachusetts Records.
* [The length of time above stated which the Rev. Hugh Peters passed in
this country may have been a typographical error. He was here not quite
six years, having arrived on the 6 October, 1635, and sailed for England, 3
August, 1641.] 8

42 HISTORY OF NEW-HAMPSHIRE.
neck. Men were obliged to cut short their hair, that they might
not resemble women. No person not worth two hundred pounds
was allowed to wear gold or silver lace, or silk hoods and scarfs.
Offences against these laws were presentable by the grand jury ;
and those who dressed above their rank were to be assessed ac
cordingly. Sumptuary laws might be of use in the beginning of
a new plantation ; but these pious rulers had more in view than
the political good. They were not only concerned for the exter
nal appearance of sobriety and good order, but thought themselves
obliged, as far as they were able, to promote real religion and
enforce the observance of the divine precepts.
As they were fond of imagining a near resemblance between
the circumstances of their settlement in this country and the re
demption of Israel from Egypt or Babylon ; it is not strange that
they should look upon their " commonwealth as an institution of
" God for the preservation of their churches, and the civil rulers
" as both members and fathers of them."1 The famous John
Cotton, the first minister of Boston, was the chief promoter of
this sentiment. When he arrived in 1633, he found the people
divided in their opinions. Some had been admitted to the privi
leges of freemen at the first general court, who were not in com
munion with the churches. After this, an order was passed, that
none but members of the churches should be admitted freemen ;
whereby all other persons were excluded from every office or
privilege civil or military. This great man by his eloquence
confirmed those who had embraced this opinion, and earnesdy
pleaded "that the government might be considered as a theocracy,
" wherein the Lord was judge, lawgiver and king ; that the laws
" which he gave Israel might be adopted, so far as they were of
" moral and perpetual equity ; that the people might be consid-
„ " ered as God's people in covenant with him ; that none but per-
" sons of approved piety and eminent gifts should be chosen
" rulers ; that the ministers should be consulted in all matters of
" religion ; and that the magistrate should have a superintending
" and coercive power over the churches."2 * At the desire of
(1) Increase Mather's Life, p. 57. (2) Mather's Magnalia, lib. 8, p. 20.
* [There is a very scarce work which was published in 1663, at Cambridge,
by Samuel Green and Marmaduke Johnson, entitled " A Discourse about
Civil Government in a new Plantation whose Designe is Religion, Written
many years since. By that Reverend and Worthy Minister of the Gospel,
John Cotton, B. D. and now published by some Undertakers of a new Plan
tation, for General Direction and Information." The object of it seems to be,
" to prove the expediency and necessity of entrusting free Burgesses which
are members of churches gathered amongst them according to Christ with the
power of choosing among themselves, magistrates, and men to whom the
managing of all public civil affairs of importance is to be committed — and to
vindicate the same from an imputation of an under-power upon the churches
of Christ which hath been cast upon it through a mistake of the true state of
the question." The work seems to be addressed to a brother in the ministry,
who had affirmed, that " the limiting of the right and power of choosing civil
officers unto free burgesses that are members of churches, brought that tyran-

ElRST SETTLERS OF NEW-ENGLAND. 43
the court, he compiled a system of laws founded chiefly on the
laws of Moses, which was considered by the legislative body as
the general standard ; though they never formally adopted it, and
in some instances varied from it.1
These principles were fundamentally the same with those, on
which were grounded all the persecutions which they had endured
in England, and naturally led to the same extremes of conduct
which they had so bitterly complained of in those civil and eccle
siastical rulers, from whose tyranny they had fled into this wilder
ness. They had already proceeded a step farther than the
hierarchy had ever attempted. No test-law had as yet taken
place in England ; but they had at one blow cut of all but those
of their own communion, from the privileges of civil offices, how
ever otherwise qualified. They thought that as they had suffered
so much in laying the foundation of a new state, which was sup
posed to be " a model of the glorious kingdom of Christ on earth,"*
they had an exclusive right to all the honors and privileges of it ;
and having the power in their hands, they effectually established
their pretensions, and made all dissenters and disturbers feel the
weight of their indignation.
In consequence of the union thus formed between the church
and state on the plan of the Jewish theocracy, the ministers were
called to sit in council, and give their advice in matters of religion
and cases of conscience which came before the court, and with
out them they never proceeded to any act of an ecclesiastical
nature. As none were allowed to vote in the election of rulers
(1) Hutch. Coll. Papers, p. 161.
ny into the Romish Church, which all the churches of Christ complain of."
In reply to this, the author says, " it would well have become you to have
rjetter digested your own thoughts, before such words had passed through
your lips ; for you will never be able to produce any good author that will con-
jfirm what you say. The truth is quite contrary ; for that I may instance in
Rome itself : Had Churches been rightly managed when the most consider
able part of that city embraced the Christian faith, in the ceasing of the Ten
Persecutions, that only such as had been fit for that estate, had been admitted
in church-fellowship, and they alone had had power, out of themselves to
have chosen magistrates, such magistrates would not have been chosen, as
would have given their power to the Pope ; nor would those churches have
suffered their pastors to become worldly princes and rulers, as the Pope and
his Cardinals are ; nor would they have given up the power of the Church
from the Church into the officers hands, but would have called upon them to
fulfil their ministry which they had received of the Lord ; and if need were,
would by the power of Christ have compelled them so to do : and then where
had the Pope's supremacy been, which is made up of the spoils of the ecclesi
astical and civil state ? but had by the course which now we plead for, been
prevented."] * " I look upon this as a little model of the glorious kingdom of Christ on
*' earth. Christ reigns among us in the commonwealth as well as in the
" Church, and hath his glorious interest involved in the good of both societies
" respectively. He that shall be treacherous and false to the civil government,
" is guilty of high treason against the Lord Jesus Christ, and will be proceed-
" ed against as a rebel and traitor to the King of kings, when he shall hold his
" great assizes at the end of the world." President Oakes's Election Ser
mon, 1673.

44 HISTORY OF NEW-HAMPSHIRE.
but freemen, and freemen must be church members ; and as none
could be admitted into the church but by the elders, who first
examined, and then propounded them to the brethren for their
vote, the clergy acquired hereby a vast ascendency over both
rulers and people, and had in effect the keys of the state as well
as the church in their hands. The magistrates, on the other
hand, regulated the gathering of churches, interposed in the set
tlement and dismission of ministers, arbitrated in ecclesiastical
controversies and controled synodical assemblies. This coercive
power in the magistrate was deemed absolutely necessary to pre
serve " the order of the gospel."
The principle on which this power is grounded is expressed in
the Cambridge Platform in terms as soft as possible.1 "The
" power and authority of magistrates is not for the restraining of
" churches, or any other good works, hut for the helping in, anel
" furthering thereof, and therefore the consent and countenance
" of magistrates when it may be had, is not to be slighted or
" lightly esteemed ; but, on the contrary, it is a part of the honor
" due to christian magistrates to desire, and crave their consent
" and approbation therein : which being obtained, the churches
" may then proceed in their way with much more encouragement
" and comfort." This article (like divers others in that work) is
curiously and artfully drawn up, so that there is an appearance of
liberty and tenderness, but none in reality : for although the mag
istrate was not to restrain any good works, yet he was to be the
judge of the good or evil of the works to be restrained; and what
security could churches have that they should not be restrained in
the performance of what they judged to be good works ? They
might indeed think themselves safe, whilst their rulers were so
zealous for the purity of the churches of which themselves were
members, and whilst their ministers were consulted in all ecclesi
astical affairs ; but if the civil powers had acted without such
consultation, or if the ministers had been induced to yield to the
opinion of the magistrates, when contrary to the interest of the
churches, what then would have become of religious liberty ?
The idea of liberty in matters of religion was in that day strange
ly understood, and mysteriously expressed. The venerable Hig-
ginson, of Salem, in his sermon on the day of the election, 1663,
speaks thus : " The gospel of Christ hath a right paramount to
" all rights in the world ; it hath a divine and supreme right to be
" received in every nation, and the knee of magistracy is to bow
" at the name of Jesus. This right carries liberty along with it,
" for all such as profess the gospel, to walk according to the faith
" and order of the gospel. That which is contrary to the gospel
" hath no right, and therefore should have no liberty." Here
the question arises, who is to be the judge of what is agreeable
or contrary to the gospel ? If the magistrate, then there is only-
(1) Chap. 17. Sec. 3.

FIRST SETTLERS OF NEW-ENGLAND. 45
a liberty to believe and practice what the magistrate thinks right.
A similar sentiment occurs in the sermon of the learned President
Oakes on the same occasion, in 1673: "The outcry of some
" is for liberty of conscience. This is the great Diana of the
" libertines of this age. But remember that as long as you have
" liberty to walk in the faith and order of the gospel, and may
" lead quiet and peaceable lives in all godliness and honesty, you
" have as much liberty of conscience as Paul desired under any
" government." Here the question recurs, would Paul have sub
mitted to walk according to the opinion which the magistrate
might entertain of the faith and order of the gospel ? But this
was all the freedom allowed by the spirit of these times. Liberty
of conscience and toleration were offensive terms, and they who
used them were supposed to be the enemies of religion and gov
ernment. " Hook tipon toleration (says the same author) as the
"first born of all abominations; if it should be born and brought
" forth among us, you may call it Gad, and give the same reason
" that Leah did for the name of her son, Behold a, troop cometh,
" a troop of all manner of abominations." In another of these
election sermons,1 (which may generally be accounted the echo
of the public voice, or the political pulse by which the popular
opinion may be felt) it is shrewdly intimated that toleration had
its origin from the devil, and the speech of the demoniac who
cried out, " what have we to do with thee, let us alone, thou
" Jesus of Nazareth," is styled " Satan's plea for toleration."
The following admonition to posterity, written by the Deputy-
Governor Dudley, is another specimen.
" Let men of God in courts and churches watch
" O'er such as do a toleration hatch ;
" Lest that ill egg bring forth a cockatrice,
" To poison all with heresy and vice.
" If men be left and otherwise combine,
" My epitaph's, / dy'd no libertine."^
The champion of these sentiments was Cotton, who though
eminently meek, placid and charitable, yet was strongly tinctured
with the prevailing opinion, that the magistrate had a coercive
power against heretics. The banishment of Roger Williams,
minister of Salem, occasioned a vehement controversy on this
point. Williams having written in favor of liberty of conscience,
and styled the opposite principle " the bloody tenet ;" was an
swered by Cotton, who published a treatise, in 1647, with this
strange title, " The bloody tenet washed, and made white in the
" blood of the Lamb." In this work, he labors to prove the law
fulness of the magistrate's using the civil sword to extirpate her
etics, from the commands given to the Jews to put to death blas-
(1) Shepard's Election Sermon, 1672. (2) Morton's Memorial, p. 179.
[257 of Judge Davis's edition.]
* [These verses, says Morton, were found in his pocket after his death.]

46 HISTORY OF NEW-HAMPSHIRE.
phemers and idolaters. To the objection, that persecution serves
to make men hypocrites, he says, " better tolerate hypocrites, and
•" tares than briars and thorns. In such cases, the civil sword
" doth not so much attend the conversion of seducers, as the pre-
" venting the seduction of honest minds by their means." He
allows indeed, that " the magistrate ought not to draw the sword
" against seducers till he have used all good means for their con-
¦" viction : but if after their continuance in obstinate rebellion
" against the light, he shall still walk toward them in soft and gentle
¦" commiseration, his softness and gentleness is excessive large to
" foxes and wolves ; but his bowels are miserably straitened and
" hardened against the poor sheep and lambs of Christ. Nor is it
" frustrating the end of Christ's coming, which was to save souls,
" but a direct advancing it, to destroy, if need be, the bodies of
" those wolves, who seek to destroy the souls of those for whom
" Christ died." In pursuing his argument, he refines so far as to
deny that any man is to be persecuted on account of conscience
" till being convinced in his conscience of his wickedness, he do
" stand out therein, not only against the truth, but against the light
" of his own conscience, that so it may appear he is not persecuted
" for cause of conscience, but punished for sinning against his
" own conscience." To which he adds, " sometimes it may be
" an aggravation of sin both in judgment and practice that a man
" committeth it in conscience." After having said, that " it was
toleration which made the world anti-christian," he concludes his
book with this singular ejaculation, " the Lord keep us from being
" bewitched with the whore's cup, lest while we seem to reject
" her with open face of profession, we bring her in by a back
" door of toleration ; and so come to drink deeply of the cup of
" the Lord's wrath, and be filled with her plagues."
But the strangest language that ever was used on this, or per
haps on any other subject, is to be found in a book printed in 1645
by the humorous Ward of Ipswich, entitled, " The Simple Cob-
ler of Aggawam." " My heart (says he) hath naturally detested
" four things; the standing of the Apocrypha in the bible : for-
" eigners dwelling in my country, to crowd out native subjects in-
" to the corners of the earth : alchymized coins : toleration of
" divers religions or of one religion in segregant shapes. He that
" willingly assents to the last, if he examines his heart by day-
¦" light, his conscience will tell him, he is either an atheist, or an
" heretic, or an hypocrite, or at best a captive to some lust. JEoly^
"jPi^JS-^-^^^ii^iS^'flJ^^rW- To authorize an un-
lt truth by toleration oTthe state, is to build a sconce against the
" walls of heaven, to batter God out of his chair. Persecution of
" true religion and toleration of false are the Jannes and Jambres
" to the kingdom of Christ, whereof the last is by far the worst.
" He that is willing to tolerate any unsound opinion, that his
" own may be tolerated though never so sound, will for a need,

FIRST SETTLERS OF NEW-ENGLAND. 47
" hang God's bible at the devil's girdle. It is said that men ought
" to have liberty of conscience and that it is persecution to debar
" them of it : I can rather stand amazed than to reply to this ; it
" is an astonishment that the brains of men should be parboiled in
" such impious ignorance."
From these specimens, (of which the reader will think he has
had enough) it is easy to see how deeply the principle of intoler-
ancy was rooted in the minds of our "forefathers. Had it stood
only in their booksas a subject of speculation, it might have been
excused, considering the prejudices of the times ; but it was drawn
out into fatal practice, and caused severe persecutions which can
not be justified consistently with Christianity or true policy. —
Whatever may be said in favor of their proceedings against the
Antinomians, whose principles had such an effect on the minds of
the people as materially affected the foundations of government,
in the infancy of the plantation ; yet the Anabaptists and Quakers
were so inconsiderable for numbers, and the colony was then so-
well established that no danger could have been rationally appre
hended to the commonwealth from them. Rhode-Island was set
tled by some of the Antinomian exiles on a plan of entire religious
liberty ; men of every denomination being equally protected and
countenanced, and enjoying the honors and offices of government. 1
The Anabaptists, fined and banished, flocked to that new settle
ment, and many of the Quakers also took refuge there ; so that
Rhode-Island was in those days looked upon as the drain or sink
of New-England ; and it has been said that " if any man hadTbst
\" his religion,-he might find it there, among such a general mus-
" ter of opinionists." ^Notwithstanding this invective, it is much
to the honor of that goverrimenTtnat there never~was an instance
of persecution for "conscience sake countenanced by them.—
RnolTe-Island an'd T^Tinsylvania afford a strong" proof that tolera
tion conduces greatly to the settlement and increase of an infant
plantation. The Quakers at first were banished ; but this proving insuffi
cient, a succession of sanguinary laws were enacted against them,
of which imprisonment, whipping, cutting off the ears, boring the
tongue with an hot iron, and banishment on pain of death, were
the terrible sanctions. In consequence of these laws, four persons
were put to death at Boston, bearing their punishment with pa
tience and fortitude ; solemnly protesting that their return from
banishment was by divine direction, to warn the magistrates of
their errors, and intreat them to repeal their cruel laws ; denounc
ing the judgments of God upon them ; and foretelling that if they
should put them to death, others would rise up in their room to fill
their hands with work.* 2 After the execution of the fourth per-
(1) Calender's Century Sermon, 1738. (2) Sewel's History of the Qua
kers. * The following passages extracted from William Leddra's letter to his

4g HISTORY OF NEW-HAMPSHIRE.
son, an order from King Charles the second, procured by their
friends in England, put a stop to capital executions.*
Impartiality will not suffer a veil to be drawn over these dis
graceful transactions. The utmost that has been pleaded in favor
of them, cannot excuse them in the eye of reason and justice.
The Quakers, it is said, were heretics ; their principles appeared
to be subversive of the gospel, and derogatory from the honor of
die Redeemer. Argument and scripture were in this case the
proper weapons to combat them with ; and if these had failed of
success they must have been left to the judgment of an omniscient
and' merciful God. They were complained of as disturbers of
friends, written the day before his execution, March 15, 1660, shew an ele
gance of sentiment and expression, not common in their writings.
" Most dear and inwardly beloved,
" The sweet influence of the morning star, like a flood, distilling into my
" innocent habitation hath so filled me with the joy of the Lord in the beaut;
*' 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, ag-
" gravated by the heat and strength of the king of the locusts which came out.
" of the pit, do unto one that is hid in the secret places of the Almighty ? 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 window of the ark, and have
*' stood still in that watch, which the master did at his coming reward with the
-" fulness of his love ; wherein my heart did rejoice that I might speak a few
" words to you, sealed with the spirit of promise. As the flowing of the
" ocean doth fill every creek and branch thereof, and then retires again toward
" its own being and fulness and leaves a savour behind it ; so doth the life
" and virtue of God flow into every one of your hearts, whom he hath made
" partakers of his divine nature ; aed 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 spoken to them. Therefore, my dear hearts, let the
" enjoyment of the life alone be your hope, your joy and your consolation.
" Stand in the watch within, in the fear of the Lord which is the entrance of
*' wisdom. Confess him before men, yea before his greatest enemies. Fear
¦" not what they can do to you : Greater is he that is in you than he that is
¦" in the world, for he will clothe you with humility and in the power of his
¦" meekness you shall reign over all the rage of your enemies." Sewel's Hist.
.Quakers, p. 274.
* [The Mandamus of King Charles is dated at Whitehall, the 9th day of
September, 1661, and is directed " To our trusty and well-beloved John En-
-decott, esquire, and to all and every other the governor or governors of our
plantations of New-England, and of all the colonies thereunto belonging, that
now are or hereafter shall be, and _to all and every the ministers and officers
of our plantations and colonies whatsoever within the continent of New-Eng
land." There is a copy of it in Hazard's Collections, ii. 595, in Sewel's His
tory of the Quakers, i. 475, and in the Journal of George Fox, pp. 326, 327.
Fox gives the following account of its being presented to the governor. It
-was brought over in 1661, by Samuel Shattock, who had been banished by the
government of Massachusetts for being a Quaker. • He and Ralph Goldsmith,
the commander of the ship in which they came, " went through the town [of
Boston] to the governor's, John Endecott's door, and knocked. He sent out
a.man to know their business. They sent him word their business was from
the king of England, and they would deliver their message to none but the
governor himself. Thereupon they were admitted in, and the governor came
to them; and having received the deputation and the Mandamus, he put off
Jiis hat and looked upon them. Then going out, he bid the friends follow.
He went to the deputy governor, and after a short consultation, came out to
the friends, and said, ' We shall obey his majesty's commands.'" George
Fox, Journal, folio, p. 326.]

FIRST SETTLERS OF NEW-ENGLAND. 49
the peape, revilers of magistracy, " malignant and assiduous pro-
" moters of doctrines, directly tending to subvert both church and
" state ;" and our fathers thought it hard, when they had fled from
opposition and persecution in one shape to be again troubled with
it in another.1 But jtjyould have been more to their honor to
have suffered their magistracy and church order to be insulted,
than to have stained their hands with the blood of men who de
served pity rather than punishment. The Quakers indeed had no
right to disturb them ; and some of their conduct was to an high
degree indecent and provoking; bu^t they were under the influ
ence of a spirit which is not easily quelled by opposition. Had
not the government appeared to be jealous of their principles, and
prohibited the reading of their books before any of them appeared
in person, there could not have been so plausible a pretext for
their reviling government. It was said, that the laws by which
they were condemned, were grounded on the laws in England
against Jesuits. But the case was by no means parallel, (as
the Quakers pleaded) their principles and practices not being
equally detrimental to society.2 It was moreover urged in excuse
of the severities exercised against the Quakers, that the magis
trates thought themselves "bound in conscience to keep the pas
sage with the point of the sword : this (it was said) could do no
harm to him that would be warned by it : their rushing on it was
their own act, and they brought the blood on their own heads.
Had they promised to depart the jurisdiction and not return with
out leave, the country would have been glad to have rid them
selves of the trouble of executing the laws upon them. It was
their presumptuous returning after banishment, that caused them
to be put to death."3 This was the plea which the court used in
their address to the king ; and in another vindication published
by their order, the unhappy sufferers are styled " felones de se,"
or self-murderers.4 But this will not justify the putting them to
death, unless the original crimes for which they were banished
had deserved it.5 The preamble to the act, by which they were
condemned, charges them with "altering the received laudable \
custom of giving respect to equals and reverance to superiors ;
that their actions tend to undermine the civil government and
destroy the order of the churches, by denying all established
forms of worship, by withdrawing from orderly church fellowship,
allowed and approved by all orthodox professors of the truth,
and instead thereof, and in opposition thereto, frequently meet
ing themselves, insinuating themselves into the minds of the sim
ple, whereby divers of our inhabitants have been infected."
Did these offences deserve death ? Had any government a right
to terrify with capital laws persons guilty of no other crimes than
(1) Huteh. Coll. Papers, p. 327. (2) Sew«l's History Quakers. (3) Mass.
Records. (4) Sewel, b. 6, p. 272. (5) Ibid. p. 199.
9

50 HISTORY OF NEW-HAMPSHIRE.
these, especially, when they professed that they were obliged to
go the greatest lengths in maintaining those tenets which they
judged sacred, and following the dictates of that spirit which they
thought divine ? Was not the mere " holding the point of the
sword" to them, really inviting them to " rush on it," and seal
their testimony with their blood ? and was not this the most likely
way to strengthen and increase their party ? Such punishment
for offences which proceeded from a misguided zeal, increased
and inflamed by opposition, will never reflect any honor on the
policy or moderation of the government ; and can be accounted
for.only-by the strong predilection for. coercive power in religion,
retained by most or all of the reformed churches ; a prejudice
which time and experience were necessary to remove.*
* From the following authorities, it will appear that the government of New-
England, however severe and unjustifiable in their proceedings against the
Quakers, went no farther than the most eminent /eibrmers ; particularly the
-Bohemians, the Lutherans, the celebrated Calvin aftd the martyr Cranmer.
In the war which the Emperor Sigismond excited against the Bohemian
reformers, who had the famous Zisca for their general ; "The acts of barbarity
which were committed on both sides were shocking and terrible beyond ex
pression. For notwithstanding the irreconcileable opposition between the re
ligious sentiments of the contending parties, they both agreed in this one hor
rible point, that it was innocent and lawful to persecute and extirpate with
fire and sword, the enemies of the true religion, and such they reciprocally
appeared to be in each others eyes." Mosheim's Eccl. Hist. vol. 3. p. 261.
" It were indeed ardently to be wished, that the Lutherans had treated
with more mildness and charity those who differed from them in religious
opinions. But they had unhappily imbibed a spirit of persecution in their
early education. This was too much the spirit of the times, and it was even
a leading maxim with our ancestors (this author was a Lutheran) that it was
both lawful and expedient to use severity and force against those whom they
looked upon as heretics. This maxim was derived from Rome; and even
those who separated from that church did not find it easy to throw off all of a
sudden that despotic and uncharitable spirit, that had so long been the main
spring of its government and the general characteristic of its members. Nay
in their narrow view of things, their very piety seemed to suppress the gen
erous movements of fraternal love and forbearance, and the more they felt
themselves animated with a zeal for the divine glory, the more difficult did
they find it to renounce that ancient and favorite maxim, that whoever is
found to be an enemy to God, ought also to be declared an enemy to his
country." Mosheim, vol. 4, page 437.
" Michael Servetus, a Spanish physician, published seven books in which
he attacked the sentiments adopted by far the greatest part of the christian
church, in relation to the divine nature and a trinity of persons in the God
head. Few innovaters have set out with a better prospect of success : But
all his views were totally disappointed by the vigilance and severity of Cal
vin, who, when Servetus was passing through Switzerland, caused him to be
apprehended at Geneva in the year 1553, and had an accusation of blasphemy
brought against him before the council. Servetus adhering resolutely to the-
opinions he had embraced, was declared an obstinate heretic and condemned -
to the flames." Mosheim, vol. 4. page 171.
Dr. Macelaine in his note on this passage, says, " It was a remaining por
tion of the spirit of popery in the breast of Calvin that kindled his unchristian
zeal against the wretched Servetus, whose death will be an indelible re
proach upon the character of that great and eminent reformer."
In the reign of Edward the Sixth of England, anno, 1549, " A woman
" called Joan Bocher, or Joan of Kent, was accused of heretical pravity. Her
" doctrine was, ." that Christ was not truly incarnate of the virgin, whose
"flesh being the outward man was sinfully begotten and born in sin ; and

FIRST SETTLERS OF NEW-ENGLAND. 51
. The mistakes on which their conduct was grounded cannot be
detected in a more masterly manner, than by transcribing the
sentiments of Doctor Increase Mather, who lived in those times,
and was a strong advocate for the coercive power of the magis
trate in matters of religion ; but afterward changed his opinion on
this point. " He became sensible that the example of the Israel-
" itish reformers inflicting penalties on false worshippers would not
" legitimate the like proceedings among christian gentiles : for the
" holy land of old was, by a deed of gift from the glorious God,
" miraculously and indisputably granted to the Israelitish nation,
" and the condition on which they, had it was their observance of
" the Mosaic institutions. To violate them was high treason
" against the king of the theocracy, an iniquity to be punished by
" the judge. At the same time, sojourners in the land were not
" compelled to the keeping those rites and laws which Moses had
" given to the people. Nay, the Israelites themselves fell, many
" of them, into the worst of heresies, yet whilst they kept the
" laws and rites of Moses, the magistrate would not meddle with
" them. The heresy of the Sadducees in particular struck at the
" foundation of all religion ; yet we do not find that our Saviour
" ever blamed the Pharisees for not persecuting them. The
" christian religion brings us not into a temporal Canaan, it knows
" no weapons but what are purely spiritual. He saw that until
" persecution be utterly banished out of the world, and Cain's
" consequently he could take none of it; but the word by the consent of the
" inward man of the virgin was made flesh." A scholastic nicety, not capa
ble of doing much mischief! but there was a necessity for delivering the wo
man to the flames for maintaining it. The young king though in such ten
der years, had more sense than all his counsellors and preceptors ; and he
long refused to sign the warrant for her execution. Cranmek, 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 with tears in his eyes, that if any wrong
was done, the guilt should lie entirely on his head. The primate was struck
with surprize ; but after making a new effort to reclaim the woman and find
ing her obstinate, he at last committed her to the flames. Nor did he ever
renounce his burning principles so long as he continued in power." Hume's
Hist. Eng. 4to. vol. 3. p. 320. Neal's Hist. Puritans, 4to. vol. 1. p. 41.
It ought also to be remembered, that at the same time that the Quakers
suffered in New-England, penal laws against them were made and rigorously
executed in England ; and though none of them suffered capital 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 the
lenity of King Charles the lid. in putting a stop to capital executions here
has been much celebrated, yet in his letter to the Massachusetts government
the next year, wherein he requires liberty for the church of England among
them, he adds, " Wee cannot be understood hereby to direct, or wish that
" any indulgence should be graunted to Quakers, whose principles, being in-
" consistent with any kind of government. Wee have found it necessary
" with the advise of our parliament here to make a sharp law against them,
" and are well content you doe, the like there." Records of Deeds, Province
Maine, lib. i. fol. 129.

52 HISTORY OF NEW-HAMPSHIRE.
" club taken out of Abel's hand, 'tis impossible to rescue the
" world from endless confusions. He that has the power of the
" sword will always be in the right and always assume the power
" of persecuting. In his latter times, therefore, he looked upon
" it as one of the most hopeful among the signs of the times, that
" people began to be ashamed of a practice which had been a
" mother of abominations, and he came entirely into that golden
" maxim, Errantis poena doceri."
Divers others of the principal actors and abettors of this tragedy
lived to see the folly and incompetency of such sanguinary laws,
to which the sufferings of their brethren, the nonconformists in
England, did not a little contribute. Under the arbitrary govern
ment of King James, the Second, when he, for a shew of liberty
and as a leading step to the introduction of popery, issued a proc
lamation of indulgence to tender consciences, the principal men
of the country sent him an address of thanks, for granting to
them what they had formerly denied to others. It is but justice
to add, that all those disgraceful laws were renounced and repeal
ed, and the people of New-England are now as candidly disposed
toward the Quakers as any other denominations of christians. To
keep alive a spirit of resentment and reproach to the country, on
account of those ancient transactions which are now universally
condemned, would discover a temper not very consistent with
that meekness and forgiveness which ought to be cultivated by all
who profess to be influenced by the gospel.
But though our ancestors are justly censurable for those in
stances of misconduct, yet they are not to be condemned as un
worthy the christian name, since some of the first disciples of our
Lord, in a zealous imitation of the prophet Elias, would have
called for fire from Heaven to consume a village of the Samaritans
who refused to receive him. Their zeal was of the same kind ;
and the answer which the benevolent author of our religion gave
to his disciples on that occasion, might with equal propriety be
addressed to them, and to all persecuting christians, " Ye know
" not what spirit ye are of, for the Son of man is not come to
" destroy men's lives but to save them."

1643.] UNION WITH MASSACHUSETTS. 53

CHAPTER IV.
Mode of Government under Massachusetts. Mason's efforts to recover the
property of his ancestor. Transactions of the King's Commissioners. Op
position to them. Political principles. Internal transactions. Mason
discouraged. During the union of these plantations with Massachusetts,
they were governed by the general laws of the colony, and the
terms of the union were strictly observed.* Exeter and Hamp-
* [One of the most important events of this period was the confederacy of
the colonies of Massachusetts, (which included New-Hampshire) New-Ply
mouth, Connecticut and New-Haven, which continued nearly forty years.
This union was proposed by the colonies of Connecticut and New-Haven, as
early as 1638,but was not finally completed until 1643. " Besides its agency
in guiding the events of the time, it was the prototype of the confederacy of
the states during the revolution, which was in fact the germ and vivifying
principle of our existence as a nation." The features of this confederacy are
thus described by Mr. Pitkin, in his Civil and Political History of the United
States. " By the articles of confederation, as they were called, these colo
nies entered into a firm and perpetual league oi friendship and amity, for of
fence and defence, mutual advice and succor, upon all just occasions, both for
preserving and propagating the truth and liberties of the Gospel, and for their
own mutual safety and welfare. Each colony was to retain its own peculiar
jurisdiction and government, and no other plantation or colony was to be re
ceived as a confederate, nor any two of the confederates to be united into one
jurisdiction, without the consent of the rest. The affairs of the united colo
nies were to be managed by a legislature to consist of two persons, styled'
commissioners, chosen from each colony. These commissioners had power
to hear, examine, weigh, and determine all affairs of war or peace, leagues,
aids, charges, and number of men for war, — division of spoils, and whatsoever
is gotten by conquest — receiving of more confederates for plantations, into-
combination with any of the confederates; and all things of a like nature,
which are the proper concomitants and consequences of such a confederation
fdr amity, offence, and defence ; not intermeddling with the government or
any of the jurisdictions, which, by the third article, is preserved entirely to
themselves. The commissioners were to meet annually, in each colony, in-
succession, and when met, to choose a president, and the determination of any
six to be binding on all.
" The expenses of all just wars to be borne by each colony, in proportion to
its number of male inhabitants of whatever quality or condition, between the
ages of sixteen and sixty.
" In case any colony should be suddenly invaded, on motion and request of
three magistrates of such colony, the other confederates were immediately to-
send aid to the colony invaded in men, Massachusetts one hundred, and the-
other colonies forty-five each, or for a less number, in the same proportion.
" The commissioners, however, were very properly directed, afterwards, to-
take into consideration the cause of such war or invasion, and if it should ap
pear that the fault was in the colony invaded, such colony was not only to-
make satisfaction to the invaders, but to bear all the expenses of the war.
The commissioners were also authorised " to frame and establish agree
ments and orders in general cases of a civil nature, wherein all the planta
tions were interested, for preserving peace among themselves, and prevent
ing as much as may be all occasions of war, or difference with others, as
about the free and speedy passage of justice, in every jurisdiction, to all the
confederates equally as to their own, receiving those that remove from one
-plantation to another, without due certificates.
" It was also very wisely provided in the articles that runaway servants,.

54 HISTORY OF NEW-HAMPSHIRE. [1643.
ton were at first annexed to the jurisdiction of the courts at Ips
wich, till the establishment of a new county which was
called Norfolk, and comprehended Salisbury, Haverhill,
Hampton, Exeter, Portsmouth, and Dover. These towns were
then of such extent as to contain all the lands between the rivers
Merrimack and Pascataqua, The shire town was Salisbury ;
but Dover and Portsmouth had always a distinct jurisdiction,
though they were considered as part of this new county ; a court
being held in one or the other, sometimes once and sometimes
twice in the year, consisting of one or more of the magistrates or
assistants, and one or more commissioners, chosen by the General
Court out of the principal gentlemen of each town. This was
called the court, of associates ; and their power extended to
causes of twenty pounds value. From them, there was an ap
peal to the board of Assistants, which being found inconvenient,
it was, in 1670, ordered to be made to the county court of Nor
folk.1 Causes under twenty shillings in value were settled in
each town, by an Inferior Court, consisting of three persons.
After some time, they had liberty to choose their Associates,
fi.„ which was done by the votes of both towns, opened at a
' joint meeting of their selectmen, though sometimes they
requested the court to appoint them as before.2 That mutual
confidence between rulers and people, which springs from the
genius of a republican government, is observable in all their
transactions.* (1) Mass. General Court Records. (2) Dover and Portsmouth Records.
and fugitives from justice, should be returned to the colonies where they be
longed, or from which they had fled.
" If any of the confederates should violate any of the articles, or, in any
way injure any one of the other colonies, " such breach of agreement, or inju
ry, was to be considered and ordered" by the commissioners of the other col
onies. This confederacy, which was declared to be perpetual, continued
without any essential alteration, until the New-England colonies were de
prived of their charter by the arbitrary proceedings of James II. In the year
1648, some of the inhabitants of Rhode-Island requested to be admitted into
the confederacy, but they were informed that the island was within the pa
tent granted to New-Plymouth, and therefore their request was denied." —
Pitkin, Hist. U. S., 50, 51.]
* In 1652, the number of people in Dover was increased so that they were
allowed by law lo send two deputies to the General Court. Hampton con
tinued sending but one till 1669, and Portsmouth till 1672. The names of
the representatives which I have been able to recover, are as follows : [As
the years for which the representatives were chosen, and the names of a
number of them are omitted by Dr. Belknap, his list is left out, and the fol
lowing, which is nearly complete, substituted.
Dover. Portsmouth. Hampton.
1642   William Hayward
1643 Edward Starbuck  William Hayward
1644 William Hilton Stephen Winthrop William Hayward
1645 William Heath  William Hayward
1-646 William Waldron  William English
Edward Starbuck

UNION WITH MASSACHUSETTS.

55

1652.] This extension of the colony's jurisdiction over New-Hamp
shire, could not fail of being noticed by the heirs of Mason : but
the distractions caused by the civil wars in England were invinci
ble bars to any legal inquiry. The first heir named in Mason's
will dying in infancy, the estate descended after the death of the
executrix to Robert Tufton, who was not of age till 1650. ,fi.„
In two years after this, Joseph Mason came over as agent
to the executrix, to look after the interest of her deceased husband.
He found the lands at Newichwannock occupied by Richard

Dover.

1647 
1648 
1649 
1650 John Baker
1651

1652 Valentine Hill
1653 Valentine Hill
1654 Richard Waldron
Valentine Hill
1655 Valentine Hill
1656 Richard Waldron
1657 Richard Waldron
1658 Richard Waldron
1659 Richard Waldron
1660 Richard Waldron
1661 Richard Waldron
1662 Richard Waldron
1663 Richard Waldron
1664 
1665 Richard Waldron
1666 Richard Waldron
1667 Richard Waldron
1668 Richard Waldron
1669 Richard Waldron
1670 Richard Waldron
Richard Cooke
1671 Richard Waldron
Richard Cooke
1672 Richard Waldron
Peter Coffin
1673 Richard Waldron
Peter Coffin
1674 Richard Waldron
Anthony Miller
1675 Richard Waldron
Anthony Miller
1676 Anthony Miller
1677 Richard Waldron
1678 

Portsmouth.

Bryan Pendleton
Bryan Pendleton

Bryan Pendleton
Henry Sherburne
Bryan Pendleton (2)
Bryan Pendleton
Bryan Pendleton

Richard Cutt
Nathaniel Fryer
Elias Stileman
Elias Stileman
Richard Cutt
Richard Cutt
Elias Stileman
Richard Cutt
Richard Martyn
Elias Stileman
Richard Cutt
Richard Cutt
Richard Cutt
Elias Stileman
Richard Martyn

Hampton.
William English
William Estowe
William Estowe
Jeoffry Mingay
Roger Shaw
Roger Shaw
Roger Shaw
Anthony Stanyan
Henry Dow
Henry Dow
Roger Page
Christopher Hussey
Christopher Hussey
Christopher Hussey
William Fuller
Samuel Dalton
William Gerrish
William Gerrish
Samuel Dalton (2)
Samuel Dalton
Samuel Dalton
William Fuller
Robert Page
Samuel Dalton
Joshua Gilman
Samuel Dalton
Samuel Dalton
Joseph Hussey
Samuel Dalton
Samuel Dalton
Samuel Dalton
Samuel Dalton
Thomas Marston
Samuel Dalton
Samuel Dalton

1679 Richard Waldron
Peter Coffin
Richard Waldron was speaker of the house of deputies or representatives
in the years 1666, 1667, 1668, 1673, 1674, 1675 and 1679. A dash under the
town against the year shows that no representative was chosen that year. —
Where (2) is annexed, it bIiows that the person was elected for the 2d session
of the court. It does not appear that Exeter sent any deputies to court du
ring this union.]

56 HISTORY OF NEW-HAMPSHIRE. [1652
Leader,* against whom he brought actions in the county court of
Norfolk ; but a dispute arising whether the lands in question
were within the jurisdiction of Massachusetts, and the court of
Norfolk judging the action not to be within their cognizance, re
course was had to the general court ; who, on this occasion, or
dered an accurate survey of the northern bounds of their patent
to be made ; a thing which they had long meditated.1 A com-
mitteef of the general court, attended by Jonathan Ince, and John
Sherman surveyors, and several Indian guides, went up the river
Merrimack to find the most northerly part thereof, which the In
dians told them was at Aquedochtan, the outlet of the lake Win-
nipiseogee.f The latitude of this place was observed to be 43
(1) Massa. Records.
* [One of this name was agent for the Iron Works at Lynn about this time
Lewis, Hist. Lynn, 96.]
t [The committee of the general court were Capt. Edward Johnson, author
of the History of New-England, and Capt. Simon Willard, afterwards an as
sistant and commander of a portion of the Massachusetts forces in the Indian
war of 1675. The expedition took up nineteen days in the months of July
and August, and the whole expense was not less than £84. The report of
the surveyors, written by a neat chirographist, has been obtained from the
Massachusetts colony files, and a copy of it is here added :
" The Answer of John Sherman, serjt. at Watertown, and Jonathan Ince,
student at Harvard College, in Cambridge, to Captain Simon Willard and
Captain Edward Johnson, Commissioners of the General Court, held at Bos
ton, May 27, 1652, concerning the Latitude of the Northermost pt. of Merri
mack River —
" Whereas wee John Sherman and Jonathan Ince were procured by the
aforesaid Commissioners to take the latitude of the place abovenamed, Our
Answer is, that at Aquedahcan, the name of the head of Merrimack, where it
issues out of the Lake called Winnapusseakit, upon the first of August, one
thousand, six hundred and fifty two, wee observed and by observation found
that the Latitude of the place was fourty three degrees, fourty minutes and
twelve seconds, besides those minutes which are to be allowed for the three
miles more North wch. run into the Lake. In witnesse whereof, wee have
.subscribed our names this nineteenth of October, one thousand, six hundred,
fi% two. JOHN SHERMAN,
JONATHAN INCE.
Jur. coram me, JOH. ENDECOTT, Gubr.]
t [The variations in the orthography of this word, which was probably pro
nounced Win-ne-pis-se-ock-ee, are somewhat remarkable. The following have
(oecurred in the course of my investigations.
Winnepisseockegee. Captain Alden's Treaty with Indians, 1690. 3 Coll.
Winnopisseag. Mather, Magnalia, ii. 513. " [Mass, Hist. Soc. i. 112.
Wenapesioche. Douglass, Summary, i. 420.
Winnepasiake. Ibid. i. 423.
Winnapissiaukee. Hutchinson, Hist. Mass. i. 358.
Winnepissiaukee. Ibid. ii. 346.
Winnepissocay. Penhallow, in Coll. N. H. Hist. Soc. i. 112.
Winnepesiaukee. Trumbull, Hist, Connecticut, ii. 78.
Winnapuseakit. Sherman and Ince's Report, above.
Winnipesocket. Bartlett, Narrative of Captivity, 5.
Winnipishoky. Petition in Moore's Annals of Concord.
Winnipisioke. MS. Charter of Kingswood.
Wennepisseoka. MS. Letter of Lieut. Gov. Wentworth.
Winipisseoca. MS. Records of General Assembly of N. H.
Winipisinket. Douglass, Summary, i. 456.
Winipisiakit. Ibid. 1. 390.
Winipisiackit. Ibid, ii, 346.
Winnipessioke. N. H. Gazette, 18 March, 1789.]

1653. J UNION WITH MASSACHUSETTS. 57
degrees, 40 minutes and 12 seconds, to which three miles being
added, made the line of the patent, according to their construc
tion, fall within the lake, in the latitude of 43 degrees, 43 minutes
and 12 seconds. Two experienced ship-masters, Jonas .,„
Clarke and Samuel Andrews, were then dispatched to
the eastern shore, who found the same degrees, minutes, and
seconds, on the northern point of an island in Casco Bay, called
the Upper Clapboard Island. An east and west line, drawn
through these points from the Atlantic to the South sea, was
therefore supposed to be the northern boundary of the Massa
chusetts patent, within which the whole claim of Mason, and the
greater part of that of Gorges were comprehended. When this grand
point was determined, the court were of opinion, that " some
" lands at Newichwannock, with the river, were by agreement of
" Sir Ferdinando Gorges and others, apportioned to Captain Ma-
" son, and that he also had right by purchase of the Indians, as
" also by possession and improvement ;" and they ordered " a
" quantity of land proportionable to his disbursements, with the
" privilege of the river, to he laid out to his heirs." The agent
made no attempt to recover any other part of the estate ; but
having tarried long enough in the country to observe the temper
of the government, and the management used in the determina
tion of his suit, he returned ; and the estate was given up for lost
unless the government of England should interpose.*
* [The 9 June, 1654, there was a storme of thunder and haile, such as hath
not been heard of in N. E. since the first planting thereof, which haile fell in
the bounds of Hampton betwixt the towne and the mills at ye falles — the
which haile was so violent as that where the strength of the storm went, it
shaved the leaves, twigs and fruit from the trees, and beat down the corne,
both rye and Indian, and pease and other things, so battering and burying the
same as that men had beaten it down with thrashing instruments ; the haile
being to admiration for the multitude thereof, so as that in some places it re
mained after the storm was over, 12 inches in thickness above the ground,
and was not all dissolved 2 days after the storme in many places, as we are in
formed by many eye witnesses and many of which haile were said to be-S-o»
4 inches in length. Hampton Town Records, copied by Mr. Joshua Coffin, )
S. H. S. Mass. V-— <*
1656. The delusion respecting witchcraft, which extended itself generally
throughout New-England, appeared in a few instances in New-Hampshire.
Mr. Adams, in his Annals of Portsmouth, gives the following account of one
case which occurred in that town, this year.
" Goodwife Walford was brought before the court of assistants for this of
fence, upon the complaint of Susannah Trimmings. A recital of the testimo
ny will shew how far a disordered imagination contributed to make a person
believe she was bewitched ; and what degree of credulity was necessary, to
fix the offence upon the person accused. Mrs. Trimmings testified, " As I
was going home on Sunday night, the 30th of March, I heard a rustling in the
woods, which I supposed to be occasioned by swine, and -presently there ap
peared a woman, whom I apprehended to be old Goodwife Walford. She
asked me to lend her a pound of cotton ; I told her I had but two pounds in the
house, and I would not spare any to my mother. She said I had better have
done it, for I was going a great journey, but should never come there. She
then left me, and I was struck as with a clap of fire on the back ; and she
vanished toward the water side, in my apprehension, in the shape of a cat.
She had on her head a white linen hood, tied under her chin, and her waist-
10

58 HISTORY OF NEW-HAMPSHIRE. [1653.
During the commonwealth, and the protectorate of Cromwell,
there could be no hope of relief, as the family had always been
attached to the royal cause, and the colony stood high in the fa
vor of the parliament and of Cromwell. But the restoration of
King Charles the second encouraged Tufton, who now took
the surname of Mason, to look up to the throne for favor
and assistance. For though the plan of colonization adopted by
his grandfather was in itself chimerical, and proved fruitless, yet
he had expended a large estate in the prosecution of it, which
must have been wholly lost to his heirs, unless they could recover
the possession of bis American territories. Full of this idea, Ma
son petitioned the king ; setting forth ' the encroachment of the
' Massachusetts colony upon his lands, their making grants and
' giving titles to the inhabitants, and thereby disposessing him and
keeping him out of his right.' The king referred the petition to
to his attorney-general Sir Geoffrey Palmer, who reported that
coat and petticoat were red, with an old green apron, and a black hat upon
her head." Oliver Trimmings, her husband, said, " my wife came home in
a sad condition. She passed by me with her child in her arms, laid the child
on the bed, sat down on the chest, and leaned upon her elbow. Three times I
asked her how she did. She could not speak. I took her in my arms, and
held her up, and repeated the question. She forced breath, and something
stopped in her throat, as if it would have stopped her breath. I unlaced her
clothes, and soon she spake, and said, Lord have mercy upon me, this wicked
woman will kill me. I asked her what woman. She said Goodwife Walford.
I tried to persuade her, it was only her weakness. She told me no, and rela
ted as aboVe, that her back was as a flame of fire, and her lower parts, were,
as it were, numb and without feeling. I pinched her, and she felt not. She
continued that night, and the day and night following, very ill, and is still bad
of her limbs, and complains still daily of it."
Nicholas Rowe testified, " that Jane Walford, shortly after she was accused,
came to the deponent in bed, in the evening, and put her hand upon his
breast, so that he could not speak, and was in great pain till the next day.
By the light of the fire in the next room, it appeared to be Goody Walford,
but she did not speak. She repeated her visit about a week after, and did as
befoTe ; but said nothing."
Eliza Barton deposed, " that she saw Susannah Trimmings at the time she
was ill, and her face was colored and spotted with several colors. She
told the deponent the story, who replied that it was nothing but her fantasy ;
her eyes looked as if they had been scalded."
John Puddington deposed, that " three years since, Goodwife Walford
Come to his mother's. She said that her own husband called her an old witch ;
and when she came to her cattle, her husband would bid her begone, for she
did overlook the cattle, which is as much as to say in our country, bewitching."
Agnes Puddington deposes, that " on the 11th of April, the wife of W. Ev
ans came to her house, and lay there all night ; and' a little after sunset the
deponent saw a yellowish cat ; and Mrs. E. said she was followed by a cat,
wherever she went. John came and saw a cat in the garden — took down his
gun to shoot her ; the cat got up on a tree, and the gun would not take fire,
and afterward the cock would not stand. She afterwards saw three cats,—
the yellow one vanished away on the plain ground ; she could not tell which
way they went."
On the 20 October, 1657, " a boat going out of Hampton River, was cast
away, and the persons drowned, who were eight in number, who all perished
in the Sea." Records of Norfolk County. The records give the names of
seven who were lost, viz. Em. Hilliar, John Philbrick, Anne Philbrick, his
wife, Sarah Philbrick, their daughter, Alice Cox, wife of Moses Cox, John
Cox, his son, and Robert Read.]

1660.] UNION WITH MASSACHUSETTS. 59
" Robert Mason, grandson and heir to Captain John Mason, had
" a good and legal title to the province of New-Hamp-
"shire."1 Nothing farther was done at this time, nor was
the matter mentioned in the letter which the king soon after sent
to the colony, though some offensive things in their conduct . ,. fi2
were therein reprehended, and divers alterations enjoined. 2
But the directions contained in this letter not being strictly attend
ed to, and complaints being made to the king, of disputes which
had arisen in divers parts of New-England concerning the limits
of jurisdiction, and addresses having been presented by several
persons, praying for the royal interposition ; a commission was is
sued under the great seal to Colonel Richard Nicholls, Sir
Robert Carr, knight, George Cartwright* and Samuel 1664.
Maverick, esquires, impowering them " to visit the several pr" "
" colonies of New-England ; to examine and determine all com-
" plaints and appeals in matters civil, military and criminal ; to
" provide for the peace and security of the country, according to
" their good and sound discretion, and to such instructions as they
" should receive from the king, and to certify him of their pro-
" ceedings."3 f
This commission was highly disrelished by the colony, as in
consistent with the rights and privileges which they enjoyed by
their charter, and which the king had sacredly promised to con
firm. It is therefore no wonder that the commissioners were
treated with much coolness at their arrival ; but they severely re
paid it in their report to the king.4
(1)MS. in Sup. Court files. (2) Hutch. Coll. of papers, p. 377. (3)Hutch.
Hist. Mass. vol. i. p. 535. (4) Hutch. Coll. papers, 417.
* [This name is Carteret in the former editions, but it should doubtless be
Cartwright as will appear from 2 Coll. Mass. Hist. Soc. viii. 58-90.]
t [Rev. Timothy Dalton, minister of Hampton, died 28 December, 1661,
being somewhat advanced in years. Mr. Savage, in Winthrop, ii. 28, has
given him descendants, but none are named in a copy of his last will and tes
tament which I have seen. He gave a portion of his property to Samuel, the
son of Philemon Dalton, who was probably brother to the minister, and from
a sermon of Rev. Jonathan French of North-Hampton, 1820, it appears that
the ministerial fund in that town and Hampton arose from a liberal donation
he made to the last named town. Mrs. Ruth Dalton, his widow, died at
Hampton, 12 May, 1666. Johnson (Hist. N. E. 135) has bestowed some verses
upon him, which will conclude this brief note on one of the earliest and most
worthy of the ecclesiastical fathers of New-Hampshire.
" Doulton doth teach perspicuously and sound,
" With wholesome truths of Christ thy flock doth feed,
" Thy honour with thy labour doth abound,
" Age crounes thy head in righteousnesse, proceed
" To batter doune, root up, and quite destroy
" All Heresies and Errors, that draw back
" Unto perdition, and Christ's folk annoy ;
" To warre for him, thou weapons dost not lack :
" Long dayes to see, that long'd-for day to come,
" Of Babel's fall, and Israel's quiet peace :
" Thou yet maist live of dayes so great a sum
" To see this work, let not thy warfare cease."]

gO HISTORY OF NEW-HAMPSHIRE. [1665.
In their progress through the country, they came to Pascata
qua, and inquired into the bounds of Mason's patent. They heard
the allegation of Wheelwright, who when banished by the
June' colony, was permitted to reside immediately beyond what
was called the bound-house, three large miles to the northward of
the river Merrimack. They took the affidavit of Henry Jocelyn
concerning the agreement between Governor Cradock and Cap
tain Mason, that the river should be the boundary of their respec
tive patents. They made no determination of this controversy in
their report to the king ; but having called together the inhabi-
n tants of Portsmouth, Sir Robert Carr, in the name of the
° ' ' rest, told them that " they would release them from the
" government of Massachusetts, whose jurisdiction should come
" no farther than the bound-house."1 They then proceeded to
appoint justices of the peace and other officers, with power to act
according to the laws of England, and such laws of their own as
were not repugnant thereto, until the king's pleasure should be
farther known.
There had always been a party here who were disaffected to
the government of Massachusetts.2 One of the most active among
them was Abraham Corbett, of Portsmouth, who, since the arri
val of the commissioners at Boston, and probably by authority de
rived from them, had taken upon him to issue warrants in the
king's name on several occasions, which was construed a high
misdemeanor, as he had never been commissioned by the author
ity of the colony.3 Being called to account by the general court,
he was admonished, fined five pounds, and committed till the sen
tence was performed. Irritated by this severity, he was the fitter
instrument for the purpose of the commissioners, who employed
him to frame a petition to the king in the name of the four towns,
complaining of the usurpation of Massachusetts over them, and
praying to be released from their tyranny. Corbett, in a secret
manner, procured several persons both in Portsmouth and Dover
to subscribe this petition, but the most of those to whom he offer
ed it refused.
The sensible part of the inhabitants now saw with much con
cern, that they were in danger of being reduced to the same un
happy state, which they had been in before their union with the
colony. Awed by the supercilious behaviour of the commission
ers, they knew not at first how to act ; for to oppose the king's
authority was construed treason, and it was said that Sir Robert
Carr 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 rumor was spread that a petition was drawn, and that Corbett
was procuring subscribers, the people, no longer able to bear the
abuse, earnestly applied to the general court, praying " that in
(1) Mass. Records. (2) Hutch. Coll. papers, 488. (3) Mass. Records.

1665.] UNION WITH MASSACHUSETTS. 61
" some orderly way they might have an opportunity to clear them-
" selves of so great and unjust aspersions, as were by this petition,
" drawn in their name, cast upon the government under which
" they were setded ; and also to manifest their sense of such per-
" fidious actions, lest by their silence it should be concluded they
" were of the same mind with those who framed the petition."
In consequence of this petition, the court commissioned Thomas
Danforth, Eleazar Lusher, and Major General Leverett to inquire
into the matter, and settle the peace in these places according to
their best discretion.
These gentlemen came to Portsmouth, and having assembled
the inhabitants, and published their commission, they told them
that they were informed of a petition subscribed in behalf
of that and the neighboring towns, complaining of the
government ; and desired them if they had any just grievances to
let them be known, and report should be immediately made to the
general court. The next day, they assembled the people of Do
ver and made the same challenge. Both towns respectively pro
tested against the petition, and professed full satisfaction with the
government, which they signified in addresses to the court. Dud
ley, the minister of Exeter, certified under his hand to the com
mittee, that the people of that town had no concern directly nor
indirectly with the obnoxious petition.* They received also full
satisfaction with regard to Hampton ; a certificate of which might
have been obtained, if they had thought it necessary.
They then proceeded to summon Corbett before them for se
ditious behaviour ; but he eluded the search that was made for him,
and they were obliged to leave a warrant with an officer to cite
him to the court at Boston. The commissioners had now gone
over into the province of Maine, from whence Sir Robert Carr in
their name sent a severe reprimand to this committee, forbidding
them to proceed against such persons as had subscribed the peti
tion, and inclosing a copy of a letter which the said commissioners
had written to the governor and council on the same subject.
The committee returned and reported their proceedings to the
court, and about the same time, the commissioners came from their
eastern tour to Boston ; where the court desired a conference
with them, but received such an answer from Sir Robert Carr as
determined them not to repeat their request. A warrant was then
issued by the secretary, in the name of the whole court, to appre
hend Corbett and bring him before the governor and magistrates,
* [The certificate of Mr. Dudley, in the files of the Massachusetts colony
records, is as follows : " This may certify whom it may concern, that con
cerning the Question that is in hand, whether the town of Exeter hath sub
scribed to that petition sent to his Majesty for the taking of Portsmouth, Do
ver, Hampton and Exeter under his immediate government, I do affirm to my
best apprehension and that by more than probable conjecture, that the town.
of Exeter hath no hand in that petition directly or indirectly. Witness my
hand, 10. 8. 65. Samuel Dudley."]

52 HISTORY OF NEW-HAMPSHIRE. [1666.
" to answer for his tumultuous and seditious practices against the
" government." The next spring, he was seized and
1666. brought before them ; and after a full hearing was adjudg-
May23. ecj gUjjty 0f sedition, and exciting others to discontent
with the government and laws, and of keeping a disorderly house
of entertainment, for which crimes he was sentenced to give a bond
of one hundred pounds, with security for his peaceable behaviour
and obedience to the laws ; he was prohibited retailing liquors ;
disabled from bearing any office in the town or commonwealth,
during the pleasure of the court ; and obliged to pay a fine of
twenty pounds, and five pounds for the costs of his prosecution.
This severity in vindication of their charter-rights, they thought
fit to temper with something that had the appearance of submis
sion to the royal commands. The king's pleasure had been sig
nified to the commissioners, that the harbors should be fortified.
This instruction came to hand while they were at Pascataqua, and
they immediately issued warrants to the four towns, requiring
them to meet at a time and place appointed to receive his majes
ty's orders.1 One of these warrants was sent by express to Bos
ton, from whence two officers were dispatched by the governor
and council to forbid the towns on their peril to meet, or obey the
commands of the commissioners. But by their own authority,
they ordered a committee to look out the most convenient place
for a fortification, upon whose report " the neck of land on the
" eastward of the Great Island, where a small fort had been al-
" ready built, was sequestered for the purpose, taking in the Great
" Rock, and from thence all the easterly part of the said island." 2
The court of associates being impowered to hear and determine
the claims of those who pretended any title to this land ; a claim
was entered by George Walton,* but rejected ; and the appropri
ation confirmed. The customs and imposts on goods imported
into the harbor were applied to the maintenance of the fort, and
the trained bands of Great-Island and Kittery-Point were dis
charged from all other duty to attend the service of it, under
Richard Cutt, esquire, who was appointed captain.
The people of Massachusetts have, both in former and latter
times, been charged with disloyalty to the king in their conduct
towards these commissioners, and their disregard of authority de
rived from the same source with their charter. To account for
their conduct on this occasion, we must consider the ideas they
had of their political connexion with the parent state. They had
(1) Hutch. Coll. papers, 419. (2) Mass. Records.
* [George Walton appears to have been of Exeter in 1639, having pre
viously resided at Pascataqua. He finally settled on Great Island, where he
died in 1686, aged about 71 years. See Mather, ii. Magnalia, 393. Adams,
Annals of Portsmouth, 44, 398. Coll. N. H. Hist. Soc. i. 322. It is probable
that he was the father of Col. Shadrach Walton, who is several times men
tioned in this history.]

1666.] UNION WITH MASSACHUSETTS, €3
been forced from it by persecution : they came at their own charg
es into a wilderness, claimed indeed by the crown of England ;
but really in possession of its native lords ; from whom they had pur
chased the soil, and sovereignty, which gave them a title, consid
ered in a moral view, superior to the grant of any European prince.
For convenience only, they had solicited and accepted a patent
from the crown, which in their opinion constituted the only bond
of union between them and their prince, by which the nature and
extent of their allegiance to him was to be determined. This pa
tent they regarded as a solemn compact, by which the king had
granted them undisturbed possession of the soil, and power of
government within certain limits ; on condition that they should
settle the country, christianize the natives, yield a fifth of all gold
and silver mines to the crown, and make no laws repugnant to
those of England. They had, on their part, sacredly performed
these 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 themselves sub
jects of the reigning prince, and owned a dependence on the royal
authority ; yet they understood it to be only through the medium
of their charter.
The appointment of commissioners who were to act within the
same limits, independently of this authority, and to receive ap
peals from it ; whose rule of conduct was not established law,
but their own " good and sound discretion," was regarded as a
dangerous stretch of royal power, militating with and superseding
their charter. If the royal authority was destined 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 offi
cers of their own choosing, they could not at the same time be
governed by the " discretion" of men in whose appointment they
had no voice, and over whom they had no control. Two ruling
powers in the same state was a solecism which they could not di
gest. The patent was neither forfeited nor revoked ; but the king
had solemnly promised to confirm it, and it subsisted in full force.
The commission therefore was deemed an usurpation and infringe
ment of those chartered rights, which had been solemnly pledged
on the one part, dearly purchased and justly paid for on the other.
They regarded " a royal donation under the great seal (to use
their own words) as the greatest security that could be had in hu
man affairs j"1 and they had confidence in the justice of the su
preme ruler, that if they held what they in their consciences (
thought to be their rights, and performed the engagements by j
which they had acquired them, they should enjoy the protection
of his providence,* though they should be obliged to abandon the
(1) Hutch. Hist. Mass. vol. i. p. 543.
* " Keep to your patent. Your patent was a royal grant indeed ; and it is
" instrumentally your defence and security. Recede from that, one way or

64 HISTORY OF NEW-HAMPSHIRE. [1666.
•country, which they had planted with so much labor and expense,
and seek a new settlement in some other part of the globe.
These were the principles which they had imbibed, which they
openly avowed and on which they acted. Policy might have dic
tated to them the same flexibility, of conduct, and softness oFex-
pression, by which the other colonies on this occasion gained the
. royal favor. But they had so long held the sole and uninterrupt
ed sovereignty, in which they had been indulged by the late pop
ular government in England ; and were so fully convinced it was
their right ; that they chose rather to risk the loss of all, than to
make any concessions ; thereby exposing themselves farther to the
malice of their enemies and the vengeance of power.
The commissioners, having finished their business, were recall
ed by the order of the king, who was much displeased with the ill
treatment they had received from the Massachusetts government,
which was the more heinous, as the colonies of Plymouth, Rhode-
Island and Connecticut had treated the commission with acknowl
edged respect. By a letter to the colony, he commanded
pr' ' them to send over four or five agents, promising " to hear
" in person, all the allegations, suggestions, and pretences to right
" or favor, that could be made on behalf the colony," intimating
that he was far from desiring to invade their charter ; and com
manding that all things should remain as the commissioners had
settled them until his farther order ; and that those persons who
had been imprisoned for petitioning or applying to them should be
released.1 The court, however, continued to exercise jurisdiction,
appoint officers, and execute the laws in these towns as they had
done for twenty-five years, to the general satisfaction of the peo
ple who were united with them in principles and affection.
This affection was demonstrated by their ready concurrence
with the proposal for a general collection, for the purpose of
.ggn erecting a new brick building* at Harvard college, the old
wooden one being small and decayed. The town of
Portsmouth, which was now become the richest, made a subscrip
tion of sixty pounds per annum for seven years ; and after five
years, passed a town vote to carry this engagement into effect. —
Dover gave thirty-two, and Exeter ten pounds for the same laud
able purpose.2
The people of Portsmouth, having for some time employed
,g71 Joshua Moodey as a preacher among them, and erected
a new meeting house, proceeded to settle him in regular
(1) Hutch, p. 547. (2) Harvard College Records.
" the other, and you will expose yourself to the wrath of God and the rage of
" man. Fix upon the patent, and stand for the liberties and immunities con-
" ferred upon you therein ; and you have God and the king with you, both
" a good cause and a good interest : and may with good conscience set your
" foot against any foot of pride and violence that shall come against you." —
President Oakes's Election Sermon, 1673.
* This building was erected in 1672, and consumed by fire in 1764.

1674.] UNION WITH MASSACHUSETTS. 65
order. A church consisting of nine brethren* was first gather
ed ; then the general court having been duly informed of it, and
having signified their approbation, according to the established
practice, Moodey was ordained in the presence of Governor Lev-
erett and several of the magistrates.1 f
. The whole attention of the government in England being at
this time taken up with things that more immediately con- . g_.
cerned themselves, nothing of moment relating to Ma
son's interest was transacted. He became discouraged, and
joined with the heirs of Gorges in proposing an alienation of their
respective rights in the provinces of New-Hampshire and Maine
to the crown, to make a government for the duke of Monmouth.
The duke himself was greatly pleased with the scheme, as he
had been told that an annual revenue of five thousand pounds or
more might be collected from these provinces. But by the more
faithful representations of some persons who were well acquainted
with the country, he was induced to lay aside the project. Many
complaints were made against the government of Massachusetts ;
and it was thought to be highly expedient that more severe meas
ures should be used with them ; but the Dutch wars, and other
foreign transactions, prevented any determination concerning
them, till the country was involved in all the horrors of a general
war with the natives.2

CHAPTER V.
Remarks on the temper and manners of the Indians. The first general war
with them called Philip's war.
At the time of the first discovery of the river Pascataqua by
Captain Smith, it was found that the native inhabitants of these
parts differed not in language, manners, nor government, from
their eastern or western neighbors. Though they were divided
into several tribes, each of which had a distinct sachem, yet they
all owned subjection to a sovereign prince, called Bashaba, whose
residence was at Penobscot. It was soon after found that the
(1) Portsmouth Church Records. [Adams, Annals of Portsmouth, 51 — 55,
where is a particular account of the measures preparatory to the ordination of
Mr. Moodey.] (2) Hutch. Collection of papers, 451, 472.
* Joshua Moodey, John Cutt, Richard Cutt, Richard Martyn, Elias Stile
man, Samuel Haynes, James Pendleton, John Fletcher, John Tucker.
1 [1671. April 1. A great storme of driving snow came out of the N. W.
and drove up in drifts about 6 feet deep, as appeared by those that measured
the banks of snow. For the space of 14 days after, it was a sad time of rain,
not one whole fair day, and much damage done to mills and other things by
the flood which followed. Town Records of Hampton.]
11

66 HISTORY OF NEW-HAMPSHIRE.
Tarrateens, who lived farther eastward, had invaded his country,
surprised and slain him, and all the people in his neighborhood,
and carried off his women, leaving no traces of his authority, i
Upon which the subordinate sachems, having no head to unite
them, and each one striving for the pre-eminence, made war among
themselves ; by which means many of their people, and much of
their provision were destroyed. When Sir Richard Hawkins
visited the coast in 1615, this war was at its height; and to this
succeeded a pestilence, which carried them off in such numbers
that the living were not able to bury the dead ; but their bones
remained at the places of their habitations for several years. 2
During this pestilence, Richard Vines and several others, whom
Sir Ferdinando Gorges had hired, at a great expense, to tarry in
the country through the winter, lived among them and lodged in
their cabins, without receiving the least injury in their health,
" not so much as feeling their heads to ache the whole time." 3
By such singular means did divine providence prepare the way
for the peaceable entrance of the Europeans into this land.
When the first settlements were made, the remains of two
tribes had their habitations on the several branches of the river
Pascataqua ; one of their sachems lived at the falls of Squamscot,
and the other at those of Newichwannock ; their head quarters
being generally seated in places convenient for fishing. Both
these, together with several inland tribes, who resided at Paw
tucket and Winnipiseogee, acknowledged subjection to Passacon-
away the great sagamore of Pannukog, or (as it is commonly
pronounced) Penacook. He excelled the other sachems in sa
gacity, duplicity and moderation ; but his principal qualification
was his skill in some of the secret operations of nature, which
gave him the reputation of a sorcerer, and extended his fame
and influence among all the neighboring tribes. They believed
that it was in his power to make water burn, and trees dance, and
to metamorphose himself into flame ; that in winter he could raise
a green leaf from the ashes of a dry one, and a living serpent
from the skin of one that was dead."*
An English gentleman, who had been much conversant among
the Indians, was invited in 1660, to a great dance and feast ; on
which occasion, the elderly men, in songs or speeches recite their
histories, and deliver their sentiments, and advice, to the younger.
At this solemnity, Passaconaway, being grown old, made his
farewell speech to his children and people ; in which, as a dying
man, he warned them to take heed how they quarrelled with their
English neighbors ; for though they might do them some damage,
yet it would prove the means of their own destruction. He told
them that he had been a bitter enemy to the English, and by the
(1) Smith's Voyage. (2) Gorges's Narrative, p. 17, 54. Prince's An
nals. (3) Gorges, page 12. (4) Hutch. Hist. Mass. vol. i. p. 474.

UNION WITH MASSACHUSETTS. 67
arts of sorcery had tried his utmost to hinder their settlement and
increase; but could by no means succeed. This caution per
haps often repeated, had such an effect, that upon the breaking
out of the Indian war fifteen years afterwards, Wonolanset, his
son and successor, withdrew himself and his people into some re
mote place, that they might not be drawn into the quarrel.1
Whilst the British nations had been distracted with internal
convulsions, and had endured the horrors of a civil war, produced
by the same causes which forced the planters of New-England
to quit the land of their nativity ; this wilderness had been to them
a quiet habitation. They had struggled with many hardships;
but providence had smiled upon their undertaking ; their settle
ments were extended and their churches multiplied. There had
been no remarkable quarrel with the savages, except the short
war with the Pequods, who dwelt in the south-east part of Con
necticut. They being totally subdued in 1637, the dread and
terror of the English kept the other nations quiet for near forty
years. During which time, the New-England colonies being
confederated for their mutual defence, and for maintaining • the,
public peace, took great pains to propagate the gospel among the
natives, and bring them to a civilized way of living, which, with
respect to some, proved effectual ; others refused to receive the
missionaries, and remained obstinately prejudiced against the
English. Yet the object pf.their hatrejiwas at the same time thes
object of their fear ; which led them to forbear acts of hostility,
and to preserve an outward shew of friendship, to their mutual
interest. Our historians have generally represented the Indians in a most
odious light, especially when recountingjhe effects of. their ferocity.
Dogs, caitiffs, miscreants and hell-hounds, are the politest names
which have been given them by some writers, who seem to be in
a passion at the mentioning their cruelties, and at other times speak
of them with contempt.2 Whatever indulgence may be allowed
to those who wrote in times when the mind was vexed with their
recent depredations and inhumanities, it ill becomes us to cherish
an inveterate hatred of the unhappy natives. Religion teaches
us a better temper, and providence has now put an end to the
controversy, bj their almost total extirpation. We should there-
fore proceed with calmness in recollecting their past injuries, and
forming our judgment of their. character. -~
It must be acknowledged that human depravity appeared in
these unhappy creatures in a most shocking view. The principles
of education and the refinements of civilized life either lay a
check upon our vicious propensities, or disguise our crimes ; but
among them human wickedness was seen in its naked deformity.
(1) Hubbard's printed Narrative, page 9, 31. (2) Hubbard's Narrative and
Mather's Magnalia.

68 HISTORY OF NEW-HAMPSHIRE.
Yet, bad as they were, it will be difficult to find them guilty of
any crime which cannot be paralleled among civilized nations.
They are always described as remarkably cruel ; and it cannot
be denied that this disposition indulged to the greatest excess,
strongly marks their character. We are struck with horror,
when we hear of their binding the victim to the stake, biting off
his nails, tearing out his hair by the roots, pulling out his tongue,
boring out his eyes, sticking his skin full of lighted pitch-wood,
half roasting him at the fire, and then making him run for their
diversion, 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, sewed up in a sack full of serpents and
thrown into the sea, or broiled in a red hot iron chair ; or mang
led by lions and tigers, after having spent his strength to combat
them for the diversion of the spectators in an amphitheatre ? and
yet these were punishments among the Romans in the politest
ages of the empire. What greater cruelty is there in the Ameri
can tortures, than in confining a man in a trough, and daubing
him with honey that he may be stung to death by wasps and
other venomous insects ; or fleaing him alive and stretching out
his skin before his eyes, which modes of punishment were not
inconsistent with the softness and elegance of the ancient court of
Persia ? or, to come down to modern times ; what greater misery
can there be in the Indian executions, than in racking a prisoner
on a wheel, and breaking his bones one by one with an iron bar ;
or placing his legs in a boot and driving " in wedges one after
another ; which tortures are still, or have till lately been used in
some European kingdoms ? I forbear to name the torments of
the inquisition, because they seem to be beyond the stretch of
human invention. If civilized nations, and those who profess the
most merciful religion that ever blessed the world, have practised
these cruelties, what could be expected of men who were stran
gers to every degree of refinement either civil or mental ?
The Indians have been represented as revengeful. When any
person was killed, the nearest relative thought himself bound to
be the avenger of blood, and never left seeking, till he found an
opportunity to execute his purpose. Whether in a state, where
government is confessedly so feeble as among them, such a con
duct is not justifiable, and even countenanced by the Jewish law
may deserve our consideration.1
The treachery with which these people are justly charged, is
exactly the same disposition which operates in the breach of sol
emn treaties made between nations which call themselves chris
tians. Can it be more criminal in an Indian, than in an Europe
an, not to think himself bound by promises and oaths extorted
from him when under duress ?
(1) Numbers, ch. 35, v. 19. Deuteronomy, eh. 19, v. 12.

1675.] UNION WITH MASSACHUSETTS 69
Their jealousy and hatred of their English neighbors may
easily be accounted for, if we allow them to have the same feel
ings with ourselves. How natural is it for us to form a disagree
able idea of a whole nation, from the bad conduct of some indi
viduals with whom we are acquainted ? and though others of
them may be of a different character, yet will not that prudence
which is esteemed a virtue, lead us to suspect the fairest appear
ances, as used to cover the most fraudulent designs, especially if
pains are taken by the most politic among us, to forment such
jealousies to subserve their own ambitious purposes ?
Though the greater part of the English settlers came hither
with religious views, and fairly purchased their lands of the In
dians, yet it cannot be denied that some, especially in the eastern
parts of New-England, had lucrative views only ; and from the
beginning used fraudulent methods in trade with them. Such
things were indeed disallowed by the government, and would
always have been punished if the Indians had made complaint :
but they knew only the law of retaliation, and when an injury was
received, it was never forgotten till revenged. Encroachments
made on their lands, and fraud committed in trade, afforded suf
ficient grounds for a quarrel, though at ever so great a length of
time ; and kept alive a perpetual jealousy of the like treatment
again.* Such was the temper of the Indians of New-England when
the first general war began. It was thought by the English . (.„l.
in that day, that Philip, sachem of the Wompanoags, a
crafty and aspiring man, partly by intrigue, and partly by example,
excited them to such a general combination. He was the son of
Massassoit, the nearest sachem 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 son and
immediate successor Alexander, preserved the same external
show of friendship ; but died with choler oii being detected in a
plot against them. Philip, it is said, dissembled his hostile pur
poses ; he was ready, on every suspicion of his infidelity, to re
new his submission, and testify it even by the delivery of his arms,
till he had secretly infused a cruel jealousy into many of the
neighboring Indians ; which excited them to attempt the recover
ing their country, by extirpating the new possessors. The plot, it
is said, was discovered before it was ripe for execution : and as
he could no longer promise himself security under the mask of
friendship, he was constrained to shew himself in his true_charac-
* Mons. du Pratz gives nearly the same account of the Indians on the Miss
issippi. " There needs nothing but prudence and good sense to pursuade
" these people to what is reasonable, and to preserve their friendship without
" interruption. We may safely affirm, that the differences we have had with
" them have been more owing to the French than to them. When they are
" treated insolently, or oppressively, they have no less.sensibility of injuries
" than others." History of Louisiana, lib. 4, cap. 3.

70 HISTORY OF NEW-HAMPSHIRE. £1675.
tec, and accordingly began hostilities upon the plantation of
Svvanzey, in the colony of Plymouth, in the month of June, 1675.
Notwithstanding this general opinion, it may admit of some
doubt, whether a single sachem, whose authority was limited,
could have such an extensive influence over tribes so remote and
unconnected with him as the eastern Indians ; much more im
probable is it, fhat those in Virginia should have joined in the con
federacy, as it hath been intimated. The Indians never travelled
to any greater distance than their hunting required ; and so ig
norant were they of the geography of their country, that they
imagined New-England to be an island,1 and could tell the name
of an inlet or strait by which they supposed it was separated from
the main land. But what renders it more improbable that Philip
was so active an instrument in exciting this war, is the constant
tradition among the posterity of those people who lived near him,
and were familiarly conversant with him, and with those of his
Indians who survived the war : which is, that he was forced on
by the fury of his young men, sorely against his own judgment
and that of his chief counsellors ; and that as he foresaw that the
English would, in time, establish themselves and extirpate the In
dians, so he thought that the making war upon them would only
hasten the destruction of his own people. It was always a very
common, and sometimes a just excuse with the Indians, when
-charged with breach of faith, that the old men were not able to
restrain the younger from signalizing their valor, and gratifying
their revenge, though they disapproved their rashness. This
want of restraint was owing to the weakness of their government ;
their sachems having but the shadow of magistratical authority.
The inhabitants of Bristol shew a particular spot where Philip
received the news of the first Englishmen that were killed, with
so much sorrow as to cause him to weep ; a few days before
which he had rescued one who had been taken by his Indians,
and privately sent him home.2 Whatever credit may be given to
this account, so different from the current opinion, it must be own
ed, that in such a season of general confusion as the first war oc
casioned, fear and jealousy might create many suspicions, which
would soon be formed into reports of a general confederacy,
through Philip's contrivance ; and it is to be noted that the prin
cipal histories of this war, (Increase Mather's and Hubbard's)
were printed in 1676 and 1677, when the strangest reports were
easily credited, and the people were ready to believe every thing
that was bad of so formidable a neighbor as Philip. But as the
fact cannot now be precisely ascertained, I shall detain the reader
no longer from the real causes of the war in these eastern parts.
There dwelt near the river Saco, a sachem named Squando,
(1) Hubbard's Narrative, page 12. Neal's Hist. N. E. vol. i. p. 21. (2) Cal-
Jender's Century Sermon, p. 78.

1675.] UNION WITH MASSACHUSETTS. 71
a noted enthusiast, a leader in the devotions of their religion, and
one who pretended to a familiar intercourse with the invisible
world. These qualifications rendered him a person of the high
est dignity, importance and influence among all the eastern Indians.
His squaw passing along the river in a canoe, with her infant
child, was met by some rude sailors, who having heard that the
Indian children could swim as naturally as the young of the brutal
kind, in a thoughtless and unguarded humor overset the canoe.
The child sunk, and the mother instantly diving fetched it up
alive, but the child dying soon after, its death was imputed to the
treatment it had received from the seamen ; and Squando was so
provoked that he conceived a bitter antipathy to the English, and
employed his great art and influence to excite the Indians against
them.1 Some other injuries were alleged as the ground of the
quarrel ; and, considering the interested views and irregular lives
of many of the eastern settlers, their distance from the seat of
government, and the want of due subordination among them, it is
not improbable that a great part of the blame of the eastern war
belonged to them.
The first alarm of the war in Plymouth colony spread great
consternation among the distant Indians, and held them awhile in
suspense what part to act ; for there had been a long external
friendship subsisting between them and the English, and they
were afraid of provoking so powerful neighbors. But the seeds
of jealousy and hatred had been so effectually sown, that the crafty
and revengeful, and those who were ambitious of doing some ex
ploits, soon found means to urge them on to an open rupture ; so
that within twenty days after Philip had begun the war at the
southward, the flame broke out in the most northeasterly part of
the country, at the distance of two hundred miles.2
The English inhabitants about the river Kennebeck, hearing of
the insurrection in Plymouth colony, determined to make trial of
the fidelity of their Indian neighbors, by requesting them to deliv
er their arms. They made a show of compliance ; but in doing
it, committed an act of violence on a Frenchman, who lived in an
English family ; which being judged an offence, both by the En
glish and the elder Indians, the offender was seized ; but upon a
promise, with security, for his future good behaviour, his life was
spared, and some of them consented to remain as hostages ; who
soon made their escape, and joined with their fellows in robbing
the house of Purchas, an ancient planter at Pegypscot.
The quarrel being thus begun, and their natural hatred of the
English, and jealousy of their designs, having risen to a great height
under the malignant influence of Squando and other leading men ;
and being encouraged by the example of the western Indians,
(1) Hubbard, [Wars with the Eastern Indians, p. 61.] Magnalia, lib. 7, P-
55. (2) Hubbard, [Indian Wars] page 13.

72 HISTORY OF NEW-HAMPSHIRE. [1675.
who were daily making depredations on the colonies of Plymouth,
and Massachusetts ; they took every opportunity to rob and mur-.
der the people in the scattered setdements of the province of
Maine ; and having dispersed themselves into many small parties,
diat they might be the more extensively mischievous, in the month
of September, they approached the plantations at Pascataqua, and
made their first onset at Oyster river, then a part of the town of
Dover, but now Durham. Here, they burned two houses belong
ing to two persons named Chesley ; killed two men in a canoe,
and carried away two captives ; both of whom soon after made
their escape. About the same time, a party of four laid in ambush
near the road between Exeter and Hampton, where they killed
one,* and took another,f who made his escape. Within a few
days an assault was made on the house of one Tozer at Newich
wannock, wherein were fifteen women and children, all of whom,
except two, were saved by the intrepidity of a girl of eighteen.
She first seeing the Indians as they advanced to the house, shut
the door and stood against it, till the others escaped to the next
house, which was better secured. The Indians chopped the door
to pieces with their hatchets, and then entering, they knocked her
down, and leaving her for dead, went in pursuit of the others, of
whom two children, who could not get over the fence, fell into
their hands. The adventurous heroine recovered, and was per
fectly healed of her wound.1
The two following days, they made several appearances on both
sides of the river, using much insolence, and burning two houses
and three barns, with a large quantity of grain. Some shot were
exchanged without effect, and a pursuit was made after them into
the woods by eight men, but night obliged them to return without
success. Five or six houses were burned at Oyster river, and
two more men killed. | These daily insults could not be borne
without indignation and reprisal. About twenty young men,
chiefly of Dover, obtained leave of Major Waldron, then com
mander of the militia, to try their skill and courage with the In
dians in their own way.2 Having scattered themselves in the
woods, a small party of them discovered five Indians in a field
near a deserted house, some of whom were gathering corn, and
others kindling a fire to roast it. The men were at such a dis
tance from their fellows that they could make no signal to them
without danger of a discovery ; two of them, therefore, crept along
(1) Hubbard, [Wars with Eastern Indians] p. 19. (2) rHubbard, Eastern
Wars, 20.] (3) Hubbard, [Eastern Wars] page 21.
* [Goodman Robinson, of Exeter," who, withhis son, was going to Hampton.
He was shot through his back, the bullet having pierced through his body.
Thus son escaped by running into a swamp, and reached Hampton about mid
night. Hubbard, Wars with Eastern Indians, 19, 20.]
t [Charles Ranlet, who escaped by the help of an Indian. Ibid. 20.]
f [William Roberts and his son-in-law. Ibid. 21]

1675.] UNION WITH MASSACHUSETTS. 73
silently, near to the house, from whence they suddenly rushed
upon those two Indians, who were busy at the fire, and knocked
them down with the butts of their guns ; the other three took the
alarm and escaped.
All the plantations at Pascataqua, with the whole eastern coun
try, were now filled with fear and confusion. Business was sus
pended, and every man was obliged to provide for his own and
his family's safety. The only way was to desert their habitations,
and retire together within the larger and more convenient houses,
vvhich they fortified with a timber wall and flankarts, placing a
sentry-box on the roof. Thus the labor of the field was exchang
ed for the duty of the garrison, and they, who had long lived in
peace and security, were upon their guard night and day, subject
to continual alarms, and the most fearful apprehensions.1
The seventh of October was observed as a day of fasting and
prayer ; and on the sixteenth, the enemy made an assault upon
the inhabitants at Salmon-falls, in Berwick. Lieutenant Roger
Plaisted, being a man of true courage and of public spirit, imme
diately sent out a party of seven from his garrison to make dis
covery. They fell into an ambush ; three were killed, and the
rest retreated. The Lieutenant then despatched an express to
Major Waldron and Lieutenant Coffin at Cochecho, begging most
importunately for help, which they were in no capacity to afford,
consistently with their own safety. The next day, Plaisted ven
tured out with twenty men, and a cart to fetch the dead bodies of
their friends, and unhappily fell into another ambush. The cattle
affrighted ran back, and Plaisted being deserted by his men, and
disdaining either to yield or fly, was killed on the spot, with his
eldest son and one more ; his other son died of his wound in a
few weeks.* Had the heroism of this worthy family been imitated
by the rest of the party, and a reinforcement arrived in season,
the enemy might have received such a severe check as would
have prevented them from appearing in small parties. The gal
lant behaviour of Plaisted, though fatal to himself and his sons, had
this good effect, that the enemy retreated to the woods ; and the
next day, Captain Frost 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 assault made on
Frost's garrison, who though he had only three boys with him,
kept up a constant fire, and called aloud as if he were command
ing a body of men, to march here and fire there : the stratagem
succeeded, and the house was saved. The enemy then proceed-
(l) Ibid. 22.
* [Soon after this, they assaulted a house at Oyster River, which was gar
risoned. Meeting with a good old man without the garrison, whose name
was Beard, they killed him upon the place, and in a barbarous manner cut off
his head and set it on a pole in derision. Hubbard, Eastern Wars, 22.]
12

74 HISTORY OF NEW-HAMPSHIRE. [1675.
ed down the river, killing and plundering as they found people off
their guard, till they came opposite to Portsmouth ; from whence
some . cannon being fired they dispersed, and were pursued by
the help of a light snow which fell in the night, and were overta
ken by the side of a swamp, into which they threw themselves,
leaving their packs and plunder to the pursuers. They soon af-"
ter did more mischief at Dover, Lamprey river* and Exeter ;
and with these small, but irritating assaults and skirmishes, the au
tumn was spent until the end of November ; when the number of
people killed and taken from Kennebeck to Pascataqua amount
ed to upwards of fifty.1
The Massachusetts government being fully employed in de-1
fending the southern and western parts, could not seasonably send
succors to the eastward. Major General Denison, who comman
ded the militia of the colony, had ordered the majors who com
manded the regiments on this side of the country, to draw out a
sufficient number of men to reduce the enemy, by attacking them
at their retreat to their head-quarters at Ossipee and Pequawet.f
But the winter setting in early and fiercely, and the men being
unprovided with rackets to travel on the snow, which by the tenth
of December was four feet deep in the woods, it was impossible
to execute the design. This peculiar severity of the season how
ever proved favorable. The Indians were pinched with famine,
and having lost by their own confession about ninety of their
number, partly by the war,- and partly for want of food, they
were reduced to the necessity of suing for peace. With this
view, they came to Major Waldron, expressing great sorrow for
what had been done, and promising to be quiet and submissive.
By his mediation, a peace was concluded with the whole body of
eastern Indians, which continued till the next August ; and might
have continued longer, if the inhabitants of the eastern parts had
not been too intent on private gain, and of a disposition too un
governable to be a barrier against an enemy so irritable and vin
dictive. The restoration of the captives made the peace more
pleasant. A return from the dead could not be more welcome
than a deliverance from Indian captivity.
The war at the southward, though renewed in the spring, drew
r„r toward a close. Philip's affairs were desperate ; many
' of his allies and dependents forsook him ; and in the month
of August, he was slain by a party under Captain Church. 2
(1) Hubbard, [Eastern Wars] p. 23, 24, 25. (2) Church's Memoirs, p. 44,
* [One was killed near this place ; and between Exeter and Hampton, they
killed one or two men in the woods as they were travelling homewards.-*-
Hubbard's Eastern Wars, 25.]
t [This name was spelled Pigwacket in the former editions, but the true
orthography, which conveys the aboriginal pronunciation, is said to be as given
above in the text. It is variously written by the early historians. Winthrop
has it Pegwaggett; Hubbard, Pigwauchet ; and Sullivan, Peckwalket and
Pickwocket.]

1676.] UNION WITH MASSACHUSETTS. 75
Those western Indians who had been engaged in the war, now
fearing a total extirpation, endeavored to conceal themselves
among their brethren of Penacook who had not joined in the war,
and with those of Ossipee and Pequawket, who had made peace.
But they could not so disguise themselves or their behaviour as to
escape the discernment of those who had been conversant 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 Kimball
of Bradford, and captivating his family, did, within six weeks,
voluntarily restore the woman and five children. It being doubt
ed whether this act of submission was a sufficient atonement for
the murder, they were committed to Dover prison till their case
could be considered. Fearing that this confinement was a pre
lude to farther punishment, they broke out of prison, and going to
the eastward, joined with the Indians of Kennebeck and Ameris-
coggin in those depredations which they renewed on the inhabit
ants of those parts, in August, and were afterward active in dis
tressing the people of Pascataqua.
This renewal of hostilities occasioned the sending of two com
panies to the eastward under Captain Joseph Syll, and Captain
William Hathorne. In the course of their march, they came to
Cochecho, on the sixth of September, where four hundred mix
ed Indians were met at the house of Major Waldron, with whom
they had made the peace, and whom they considered as their
friend and father. The two captains would have fallen upon
them at once, having it in their orders to seize all Indians, who
had been concerned in the war. The major dissuaded them
from that purpose, and contrived the following stratagem. He
proposed to the Indians, to have a training the next day, and a
sham fight after the English mode ; and summoning his own men,
with those under Capt. Frost 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 caused the In
dians to fire the first volley ; by a peculiar dexterity, the whole
body of them (except two or three) were surrounded, before they
could form a suspicion of what was intended. They were imme
diately seized and disarmed, without the loss of a man on either
side. A separation was then made : Wonolanset, with the Pen
acook Indians, and others who had joined in making peace the
winter before, were peaceably dismissed ; but the strange Indians,
(as they were called) who had fled from the southward and ta
ken refuge among them, were made prisoners, to the number of
two hundred ; and being sent to Boston, seven or eight of them,
who were known to have killed any Englishmen, were condemned
and hanged ; the rest were sold into slavery in foreign parts.

76 HISTORY OF NEW-HAMPSHIRE. [1676.
This action was highly applauded by the general voice of the
colony ; as it gave them opportunity to deal with their enemies
in a judicial way, as rebels, and, as they imagined, to extirpate
those troublesome neighbors. The remaining Indians, however,
looked upon the conduct of Major Waldron as a breach of faith ;
inasmuch as they had taken those fugitive Indians under their
protection, and had made peace with him, which had been scrict-
ly observed with regard to him and his neighbors, though it had
been broken elsewhere. The Indians had no idea of the same
government being extended very far, and thought they might
make peace in one place, and war in another, without any impu
tation of infidelity ; but a breach of hospitality and friendship, as
they deemed this to bej merited, according to their principles, a
severe revenge, and was never to be forgotten or forgiven. The
major's situation on this occasion was indeed extremely critical ;
and he could not have acted either way without blame. It is said
that his own judgment was against any forcible measure, as he
knew that many of those Indians were true friends to the colony ;
and that, in case of failure, he should expose the country to their
resentment ; but had he ' not assisted the forces in the execution
of their commission, (which was to seize all Indians who had been
concerned with Philip in the war) he must have fallen under
censure, and been deemed accessary, by his neglect, to the mis
chiefs which might afterward have been perpetrated by them.
In this dilemma, he finally determined to comply with the orders
and expectations of government ; imagining that he should be
able to satisfy those of the Indians whom he intended to dismiss,
and that the others would be removed out of the way of doing
any further mischief; but he had no suspicion that he was laying
a snare 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 themselves, were unable to
distinguish between a legal punishment and private malice.*
Two days after this surprisal, the forces proceeded on their
route to the eastward, being joined with some of Waldron's and
Frost's men ; and taking with them Blind Will, a sagamore of the
Indians who lived about Cochecho, and eight of his people for
pilots. The eastern settlements were all either destroyed or de
serted, and no enemy was to be seen ; so that the expedition
proved fruitless, and the companies returned to Pascataqua.
It was then thought advisable, that they should march up to-
* The above account of the seizure of the Indians is given from the most
authentic and credible tradition that could be obtained within the last sixteen
years, from the posterity of those persons who were concerned in the affair.
It is but just mentioned by Hubbard and Mather, and not in connexion with
its consequences. Neal, for want of better information, has given a wrong
turn to the relation, and so has Wynne who copies from him. Hutchinson
has not mentioned it at all.

1676.] UNION WITH MASSACHUSETTS. 77
ward the Ossipee ponds ; where the Indians had a strong fort of
timber fourteen feet high, with flankarts ; which they had a few
years before hired some English carpenters to build for them, as
a defence against the Mohawks, of whom they were always afraid.
It was thought that if the Indians could be surprised on their first
return to their head-quarters, at the beginning of winter, some
considerable advantage might be gained against them ; or if they
had not arrived there, that the provisions, which they had laid in
for their winter subsistence, might be destroyed. Accordingly,
the companies being well provided for a march at that season, set
off on the first of November ; and after travelling four days through
a rugged, mountainous wilderness, and crossing several rivers,
they arrived at the spot ; but found the fort and adjacent places
entirely deserted, and saw not an Indian in all the way. Think
ing it needless for the whole body to go further, the weather being
severe, and the snow deep, a select party was detached eighteen
or twenty miles above ; who discovered nothing but frozen ponds,
and snowy mountains ; and supposing the Indians had taken up
their winter quarters nearer the sea, they returned to Newich
wannock, within nine days from their first departure.
They had been prompted to undertake this expedition by the
false accounts brought by Mogg, an Indian of Penobscot, who had
come in to Pascataqua, with a proposal of peace ; and had re
ported that an hundred Indians were assembled at Ossipee.
This Indian brought with him two men of Portsmouth, Fryer* and
Kendal, who had been taken on board a vessel at the eastward ;
he was deputed by the Penobscot tribe to consent to articles of
pacification ; and being sent to Boston, a treaty was drawn and
subscribed by the governor and magistrates on the one part, and
by Mogg on the other ; in which it was stipulated, that if the In
dians of the other tribes did not agree to this transaction, and
cease hostilities, they should be deemed and treated as enemies
by both parties. This treaty was signed on the sixth of Novem
ber ; Mogg pledging his life for the fulfilment of it. Accordingly,
vessels being sent to Penobscot, the peace was ratified by Madok-
awando the sachem, and two captives were restored. But
Mogg, being incautiously permitted to go to a neighboring tribe,
on pretence of pursuading them to deliver their captives, though
he promised to return in three days, was seen no more. It was
at first thought that he had been sacrificed by his countrymen, as
he pretended to fear when he left the vessels ; but a cap- . -„_
tive who escaped in January, gave a different account of
him ; that he boasted of having deceived the English, and laughed
* [James Fryer was the eldest son of Nathaniel Fryer, who was afterwards
one of the council. He had received a wound in his knee from the Indians
at Richmond's island, which proved mortal a few days after his return to his
father's house, at Great Island. Kendal, whose name according to Hubbard
should be Gendal, was taken prisoner at the same time with Fryer. Hub
bard, Indian Wars from Pascataqua to Pemaquid, 46, 47.]

78 HISTORY OF NEW-HAMPSHIRE. [1677.
at their kind entertainment of him. There was also a design
talked of among them to break the peace in the spring* and join
with the other Indians at the eastward in ruining the fishery.—
About the same time, it was discovered that some of the Narra-
ganset Indians were scattered in the eastern parts ; three of them
having been decoyed by some of the Cochecho Indians into their
wigwams, and scalped, were known by the cut of their hair. —
This raised a fear in the minds of the people, that more of them
might have found their way to the eastward, and would prosecute
their revenge against them.
From these circumstances, it was suspected, that the truce
would be but of short continuance. The treachery of Mogg, who
was surety for the performance of the treaty, was deemed a full
justification of the renewal of hostilities ; and the state of things
was, by some gentlemen of Pascataqua, represented to be so dan
gerous, that the government determined upon a winter expedition.
Two hundred men, including sixty Natick Indians, were enlisted
and equipped, and sailed from Boston the first week in February,
under the command of Major Waldron ; a day of prayer having
been previously appointed for the success of tbe enterprise.
At Casco, the major had a fruitless conference, and a slight
skirmish with a few Indians, of whom some were killed and
wounded. At Kennebeck, he built a fort, and left a garrison of
forty men, under the command of Captain Sylvanus Davis.* At
Pemaquid, he had a' conference with a company of Indians, who
promised to deliver their captives on the payment of a ransom :
Part of it being paid, three captives were delivered, and it was
agreed that the conference should be renewed in the afternoon,
and all arms be laid aside. Some suspicion of their infidelity had
arisen, and when the major went ashore in the afternoon with
five men, and the remainder of the ransom, he discovered the
point of a lance hid under a board, which he drew out and ad
vanced with it toward them ; charging them with treachery in
concealing their arms so near. They attempted to take it from
him by force ; but he threatened them with instant death, and
waved his cap for a signal to the vessels. While the rest were
coming on shore, the major with his five men secured the goods.
Some of the Indians snatching up a bundle of guns which they
had hid, ran away. Captain Frost, who was one of the five,
seized an Indian, who was well known to be a rogue, and with
* [Sylvanus Davis resided some time at Sheepscot in Maine. He was an
officer in the war of 1675, and received a wound from the Indians, as related
by Hubbard in his Account of the Wars with the Eastern Indians in 1675, p.
41. Hutchinson (ii. 21) says that he was " the commander of the fort at Cas
co, where he was taken prisoner and carried to Canada." He was nominated
, by Rev. Increase Mather as one of the counsellors in the charter of William
and Mary, granted in 1691, and his name was inserted as one of the twenty-
eight appointed. There is an account written by him, of the management of
the war against the English in the Eastern parts of New-England by the In
dians, in 3 Coll. Mass. Hist. Soc. i. 101—112.]

1677.] UNION WITH MASSACHUSETTS. 79
Lieutenant Nutter, carried him on board. The major searching
about, found three guns, with which he armed his remaining three
men ; and the rest being come on shore by this time, they pursued
the Indians, killed several of them before they could recover their
canoes, and after they had pushed off, sunk one with five men,
who were drowned ; and took four prisoners, with about a thou
sand pounds of dried beef, and some other plunder. The whole
number of the Indians was twenty-five.
Whether the casual discovery of their arms, which they had
agreed to lay aside, was sufficient to justify this severity, may be
doubted ; since, if their intentions had really been hostile, they
had a fine opportunity of ambushing or seizing the major and his
five attendants, who came ashore unarmed ; and it is not likely
that they would have waited for the rest to come ashore before
they opened the plot. Possibly, this sudden suspicion might be
groundless, and might inflame the prejudice against the major,
which had already been excited by the seizure of their friends at
Cochecho some time before.
On the return of the forces, they found some wheat, guns, an
chors and boards at Kennebeck, which they took with them. —
They killed two Indians on Arrowsick Island, who, with one of
the prisoners taken at Pemaquid, and shot on board, made the
number of Indians killed in this expedition thirteen. They re
turned to Boston on the 1 1th of March, without the loss of a man,
bringing with them the bones of Captain Lake,* which they found
entire in the place where he was killed. f
There being no prospect of peace at the eastward, it became
necessary to maintain great circumspection and resolution, and to
.make, use of every possible advantage against the enemy. A long
and inveterate animosity had subsisted between the Mohawks and
the eastern Indians, the original of which is not mentioned, and
perhaps was not known by any of our historians ; nor can the
oldest men among the Mohawks at this day give any account of
it. These Indians were in a state of friendship with their English
neighbors ; and being a fierce and formidable race of men, their
* [Capt. Thomas Lake was a merchant of good character, and was the joint
owner with Major Clarke of Boston of Arrowsick island, in Maine, where he
had a house and occasionally resided. It was while residing here, that he was
killed by the Indians on the 14 of August, 1676. Hubbard, Eastern Wars,
41, 42. Hutch. Hist. Mass. i. 209. Records of the 2d church in Boston.—
Hubbard, page 72, states that " the body of Capt. Lake, was preserved entire
and whole and free from putrefaction by the coldness of the long winter." By
what means the body could be so long preserved from decomposition, Captain
Lake having been killed in the preceding August, it may be difficult to ex
plain, but we must seek for an additional cause to the one assigned by Hub
bard.] t Here ends Hubbard's printed Narrative. The account of the remainder
of this war is taken from his MS. history, from sundry original letters, and
copies of letters, and from a MS. journal found in Prince's collection, and
supposed to have been written by Capt. Lawrence Hammond of Charlestown.

80 HISTORY OF NEW-HAMPSHIRE. [1677.
name carried terror where ever it was known. It was now thought,
that if they could be induced to prosecute their ancient quarrel
with the eastern Indians, the latter might be awed into peace, or
incapacitated for any farther mischief. The propriety of this
measure became a subject of debate ; some questioning the law
fulness of making use of their help, " as they were heathen ;"
but it was urged in reply, that Abraham had entered into a con
federacy with the Amorites, among whom he dwelled, and made
use of their assistance in recovering his kinsman Lot from the
hands of their common enemy.1 With this argument, the object
ors were satisfied ; and two messengers, Major Pynchon of Spring
field, and Richards of Hartford were dispatched to the country of
the Mohawks ; who treated them with great civility, expressed
the most bitter hatred against the eastern enemy, and promised to
pursue the quarrel to the utmost of their power.2
Accordingly, some parties of them came down the country a-
bout the middle of March, and the first alarm was given at Amus
keag falls ; where the son of Wonolanset being hunting, discover
ed fifteen Indians on the other side, who called to him in a lan
guage which he did not understand ; upon which he fled, whilst
they fired near thirty guns at him without effect. Presendy after
this, they were discovered in the woods near Cochecho. Major
Waldron sent out eight of his Indians, whereof Blind Will was
one, for farther information.3 They were all suprised together by
a company of the Mohawks ; two or three escaped, the others
were either killed or taken : Will was dragged away by his
hair ; and being wounded, perished in the woods, on a neck
of land, formed by the confluence of Cochecho and Ising-glass
rivers, which still bears the name of Blind Will's Neck. This
fellow was judged to be a secret enemy to the English, though
he pretended much friendship and respect ; so that it was im
possible to have punished him, without provoking the other
neighboring Indians, with whom he lived in amity, and of whose
fidelity there was no suspicion.4 It was at first thought a fortunate
circumstance that he was killed in this manner ; but the conse
quence proved it to be otherwise ; for two of those who were ta
ken with him escaping, reported that the Mohawks threatened de
struction to all the Indians in these parts without distinction.5 So
that those who lived in subjection to the English grew jealous of
their sincerity, and imagined, not without very plausible ground,
that the Mohawks had been persuaded or hired to engage in the
war, on purpose to destroy them ; since they never actually exer
cised their fury upon those Indians who were in hostility with the
English, but only upon those who were in friendship with them ;
and this only in such a degree as to irritate, rather than to weaken
,„(Xl!?enesis' chaP- 14- (2) Hoard's MS. Hist. [p. 629 of printed copy.]
(3) MS. Journal, March 30. (4) Hubbard's MS. Hist. Tp. 630 of printed
copy.] (5) MS. Journal. r

1677.] UNION WITH MASSACHUSETTS. 81
or distress them. It cannot therefore be thought strange that the
friendly Indians were alienated from their English neighbors, and
disposed to listen to the seducing stratagems of the French ; Who,
in a few years after, made use of them in conjuction with others,
sorely to scourge these unhappy people. The English, in reality,
had no such design ; but the event proved, that the scheme of
engaging the Mohawks in our quarrel, however lawful in itself,
and countenanced by the example of Abraham, was a pernicious
source of innumerable calamities.
The terror which it was thought this incursion of the Mohawks
would strike into the eastern Indians was too small to prevent their,
renewing hostilities very early in the spring. Some of the garri
son who had been left at Kennebeck were surprised by an am
bush, as they were attempting to bury the dead bodies of their
friends, who had been killed the summer before, and had lain un
der the snow all winter.1 The remainder of that garrison were
then taken off and conveyed to Pascataqua ; whither a company
of fifty men and ten Natick Indians marched, under Captain
Swaine, to succor the inhabitants, who were alarmed by scattered
parties of the enemy, killing and taking people, and burning houses
in Wells, Kittery, and within the bounds of Portsmouth.* A
young woman who was taken from Rawling's house, made her
escape and came into Cochecho, informing where the enemy lay.
Three parties were dispatched to ambush three places, by . „,
one of which they must pass. The enemy appearing at
one of these places, were seasonably discovered ; but by the too
great eagerness of the party to fire on them, they avoided the
ambush and escaped.
Soon after this, the garrisons at Wells and Black Point were
beset, and at the latter place, the enemy lost their leader
Mogg, who had proved so treacherous a negotiator. Upon y
his death they fled in their canoes, some to the eastward and oth
ers toward York, where they also did some mischief. On a
sabbath morning, a party of twenty, under the guidance of „ „7
Simon, surprised six of our Indians, who lay drunk in the
woods, at a small distance from Portsmouth. They kept all day
hovering about the town, and if they had taken advantage of the
people's absence from home, in attending the public worship, they
might easily have plundered and burned the outmost houses ; but
they were providentially restrained.2 At night, they crossed the
river at the Long Reach, killed some sheep at Kittery, and then
(1) Hubbard's MS. [p. 630 of printed copy.] (2) MS. Letter of Mr. Moodey.
* The following extract from the before mentioned Journal, shews some
thing of the spirit of the times.
" April 16. The house of John Keniston was burnt, and he killed at Green-
" land. The Indians are^Simon, Andrew and Peter, those three we had in
" prison, and should have killed. The good Lord pardon us."
13

82 HISTORY OF NEW-HAMPSHIRE. [1677.
went toward Wells; but, being afraid of the Mohawks,, let their
prisoners go. Four men were soon after killed at North
une ' Hill, one of whom was Edward Colcord, whose death
was much regretted.1
More mischief being expected, and the eastern settlements
needing assistance, the government ordered two hundred Indians
of Natick, with forty English soldiers, under Captain Benjamin
Swett of Hampton, and Lieutenant Richardson, to march to the
falls of Taconick on Kennebeck river ; where it was said the In
dians had six forts, well furnished with ammunition. The vessels
- . came to an anchor off Black Point ; where the captain being
y' informed that some Indians had been seen, went on shore
with a party ; and being joined by some of the inhabitants, so as
to make about ninety in all, marched to seek the enemy ; who
shewed themselves on a plain in three parties. Swett divided
his men accordingly, and went to meet them. The enemy re
treated till they had drawn our people two miles from the fort,
and then turning suddenly and violently upon them, threw them
into confusion, they being mostly young and inexperienced sol
diers. Swett, with a few of the more resolute, fought bravely on
the retreat, till he came near the fort, when he was killed ;* sixty
more were left dead or wounded, and the rest got into the fort. 2
The victorious savages then surprised about twenty fishing ves
sels, which put into the eastern harbors by night ; the crews, not
being apprehensive of danger on the water, fell an easy prey to
them. Thus the summer was spent with terror and perplexity on
our part ; whilst the enemy rioted without control, till they had
satiated their vengeance, and greatly reduced the eastern setde
ments.3 At length, in the month of August, Major Andros, governor of
New- York, sent a sloop with some forces to take possession of
the land which had been granted to the Duke of York, and build
a fort at Pemaquid, to defend the country against the encroach
ment of foreigners. Upon their arrival, the Indians appeared
friendly ; and in evidence of their pacific disposition, restored
fifteen prisoners with the fishing vessels. They continued quiet
all the succeeding autumn and winter, and lived in harmony with
the new garrison.
In the spring, Major Shapleigh of Kittery, Captain Champer-
(I) [Hubbard, Hist. N. E. 633. The names of the four persons killed ac
cording to the Town records of Hampton, were Abraham Colcord, jun., Abra
ham Perkins, jun., Benjamin Hilliard and Caleb Towle. Edward in the text
is doubtless a mistake for Abraham. MS. Letter of Rev. Josiah Webster, of 29
Januaryl, 830.] (2) MS. Letter of Mr. Gookin of Hampton. (3) Hubbard's MS.
Hist. [p. 634 of printed copy.]
*[Capt. Benjamin Swett had formerly been an inhabitant of Newbury,,.
where several of his children were born. A record of his death in the Nor
folk County records, says, he " was slayn att Black point by the barberus In
dians, the 29th of June, 1677."]

1678.] UNION WITH MASSACHUSETTS. 83
noon* and Mr. Fryerf of Portsmouth, were appointed commis
sioners to settle a formal treaty of peace with Squando and fi
the other chiefs, which was done at Casco, whither they
brought the remainder of the captives.1 It was stipulated in the
treaty that the inhabitants should return to their deserted settle
ments, on condition of paying one peck of corn annually for each
family, by way of acknowledgment to the Indians for the posses
sion of their lands, and one bushel for Major Pendleton, who was
a great proprietor^ Thus an end was put to a tedious and dis
tressing war, which had subsisted three years. The terms of
peace were disgraceful, but not unjust, considering the former
irregular conduct of many of the eastern settlers, and the native
propriety of the Indians in the soil. Certainly they were now
masters of it ; and it was entirely at their option, whether the
English should return to their habitations or not. It was there
fore thought better to live peaceably, though in a sort of subjec
tion, than to leave such commodious settlements and forego the
advantages of trade and fishery, which were very considerable,
and by which the inhabitants of that part of the country had
chiefly subsisted.
It was a matter of great inquiry and speculation how the In
dians were supplied with arms and ammunition to carry on this
war. The Dutch at New- York were too near the Mohawks for
the eastern Indians to adventure thither. The French in Canada
were too feeble, and too much in fear of the English, to do any
thing which might disturb the tranquillity ; and there was peace
between the two nations. It was therefore supposed that the In
dians had long premeditated the war, and laid in a stock before
hand.2 There had formerly been severe penalties exacted by the
government, on the selling of arms and ammunition to the Indians ;
but ever since 1657, licenses had been granted to particular per
sons to supply them occasionally for the purpose of hunting, on
(1) MS. Journal, April 12. (2) Hubbard's printed Narrative, page 82.
* [Francis Champernoon, who was in 1684, appointed a Counsellor. It i3
said that he was a cousin of Ferdinando Gorges. He died about the year
1686.] t [Nathaniel Fryer lived some time at New-Castle. He had been a repre
sentative of Portsmouth to the General Court in 1666. He was appointed a
counsellor in 1683, and died 13 August, 1705.]
t [Bryan Pendleton was born about the year 1599, and came early to New-
England,, and fixed his residence at Watertown, in Massachusetts. He was
admitted a freeman in 1634, and was the deputy or representative of Water-
town from 1636 to 1639, 1647 and 1648. He was a member of the Ancient
and Honorable Artillery Company in 1646, and the principal military officer
in the place. He removed to Portsmouth before 1654, and was the deputy
of that town to the Court at Boston in 1654, 1658, 1660, 1661 and 1663. In
1658, he purchased a neck of land at the mouth of Saco river, and removed
thither in 1665, but returned to Portsmouth in 1676. He was appointed a
counsellor under President Danforth in 1680, in which, or the following year,
he died, leaving one son, James, and a daughter who married Seth Fletcher,
minister of Saco.]

84 HISTORY OF NEW-HAMPSHIRE. [1678.
paying an acknowledgment to the public treasury.1 This indul
gence, having been much abused by some of the eastern traders,
who, far from the seat of government, were impatient of the re
straint of law, was supposed to be the source of the mischief.
But it was afterward discovered that the Baron de St. Castine, a
reduced French officer, who had married a daughter of Madok-
awando, and kept a trading house at Penobscot, where he con
sidered himself as independent, being out of the limits of any
established government, was the person from whom they had
their supplies ; which needed not to be very great as they always
husbanded their ammunition with much care, and never expended
it but when they were certain of doing execution.2
The whole burden and expense of this war, on the part of the
colonies, were borne by themselves. It was indeed thought
strange by their friends in England, and resented by those in
Sower, that they made no application to the king for assistance.
t was intimated to them by Lord Anglesey, ' that his majesty
' was ready to assist them with ships, troops, ammunition or
' money, if they would but ask it ;' and their silence was constru
ed to their disadvantage, as if they were proud, and obstinate, and
desired to be considered as an independent state.3 They had
indeed no inclination to ask favors from thence ; being well aware
of the consequence of laying themselves under obligations to those
who had been seeking to undermine dieir establishment ; and re
membering how they had been neglected in the late Dutch wars,
when they stood in much greater need of assistance. The king
had then sent ammunition to New-York, but had sent word to
New-England, ' that they must shift for themselves and make
' the best defence they could.'4 It was therefore highly injurious
to blame them for not making application for help. But if they
had not been so ill treated, they could not be charged with disre
spect, since they really did not need foreign assistance. Ships of
war and regular troops must have been altogether useless ; and
no one who knew tho nature of an Indian war could be serious
in proposing to send them. Ammunition and money were neces
sary, but as they had long enjoyed a free trade, and had coined
the bullion which they imported, there was no scarcity of money,
nor of any stores which money could purchase. The method of
fighting with Indians could be learned only from themselves.
After a little experience, few men in scattered parties were of
more service than the largest and best equipped armies which
Europe could have afforded. It ought ever to be remembered
for the honor of New-England, that as their first settlement, so
their preservation, increase, and defence, even in their weakest
til i Randolph's Narrative in Hutchinson's col. papers, paa-e 492 C2i Tbid
p. M| (3) Hutch. History vol. i. p, 309. (4) HuVh. fflfof^;

1678.] UNION WITH MASSACHUSETTS. 85
infancy were not owing to any foreign assistance, but under God,
to their own magnanimity and perseverance.
Our gravest historians have recorded many omens, predictions,
and other alarming circumstances, during this and the Pequod
war, which in a more philosophical andjess credulous age would
not be worthy of notice. When men's minds were rendered
gloomy by the horrors of a surrounding wilderness, and the con
tinual apprehension of danger from its savage inhabitants ; when
they were ignorant of the causes of many of the common appear
ances in nature, and were disposed to resolve every unusual ap
pearance into prodigy and miracle, it is not to be wondered that
they should imagine they heard the noise of drums and guns in
the air, and saw flaming swords and spears in the heavens,* and
should even interpret eclipses as ominous. Some old Indians
had intimated their apprehensions concerning the increase of the
English, and the diminution of their own people, which any ra
tional observer in a course of forty or fifty years might easily have
foretold, without the least pretence to a spirit of prophecy ; yet
these sayings were recollected, and recorded, as so many predic
tions by force of a supernatural impulse on their minds, and many
persons of the greatest distinction were disposed to credit them
as such. These things would not have been mentioned, but to
give a just idea of the age. If mankind are now better enlight
ened, superstition is the less excusable in its remaining votaries.

CHAPTER VI.
Mason's renewed efforts. Randolph's mission and transactions. Attempts
for the trial of Mason's title. New-Hampshire separated from Massachu
setts, and made a royal province. Abstract of the commission. Remarks
on it.
Whilst the country was laboring under the perplexity and
distress arising from the war, measures were taking in jg-g
England to increase their difficulties and divide their at
tention. The scheme of selling the provinces of New-Hampshire
and Maine to the crown being laid aside, Mason again petitioned
the king for the restoration of his property ; and the king refer
red the matter to his attorney general, Sir William Jones, M
and his solicitor general, Sir Francis Winnington, who re
ported, that " John. Mason, esq., grandfather to the petitioner,
" by virtue of several grants from the council of New-England
*[ The rays of the rising or setting sun, illuminating the edge of a cloud,
frequently produce appearances of this kind. Marginal Note of the Author
in the corrected copy.]

§6 HISTORY OF NEW-HAMPSHIRE. [1675.
" under their common seal was instated in fee in sundry great
¦" tracts of land in New-England, by the name of New-Hampshire;
<( and that the petitioner being heir at law to the said John, had a
'" good and legal title to said lands."1 Whereupon, a letter was
dispatched to the Massachusetts colony, requiring them to
M 10 sen(* over a§ents w'tnm s'x months, fully empowered to
' answer the complaints, which Mason and the heirs of
Gorges had made, of their usurping jurisdiction over the territo
ries claimed by them ; and to receive the royal determination in
that matter. Copies of the complaints were enclosed ; and Ed
ward Randolph, a kinsman of Mason, a man of great address and
penetration, resolute and indefatigable in business, was charged
with the letters, and directed by the Lords of Trade to make in-
, 1Q quiry into the state of the country. When he arrived,
' he waited on Governor Leverett, who read the king's let
ter, with the petitions of Mason and Gorges, in council, Randolph
being present, who could obtain no other answer than that "they
would consider it."2
He then came into New-Hampshire, and as he passed along,
freely declared the business on which he was come, and publicly
, . read a letter which Mason had sent to the inhabitants. —
Some of them he found ready to complain of the govern
ment, and desirous of a change ; but the body of the people were
highly enraged against him ; and the inhabitants of Dover, in
public town-meeting, ' protested against the claim of Mason ; de-
' clared that they had bona fide purchased their lands of the In-
' dians ; recognized their subjection to the government of Massa-
* chusetts, under whom they had lived long and happily, and by
' whom they were now assisted in defending their estates and
* families against the savage enemy*' They appointed Major
Waldron " to petition the king in their behalf, that he would in-
" terpose his royal authority and afford them his wonted favor ;
" that they might not be disturbed by Mason, or any other per-
" son, but continue peaceably in possession of their rights under
" the government of Massachusetts."3 A similar petition was
sent by the inhabitants of Portsmouth, who appointed
ep ' ' John Cutt and Richard Martyn, Esqrs., Captains Daniel
and Stileman to draught and forward it.4
When Randolph returned to Boston, he had a severe reproof
from the governor, for publishing his errand, and endeavoring to
raise discontent among the people. To which he made no other
answer than that ' if he had done amiss, they might complain to
* the king.'6
After about six weeks stay, he went back to England and re
ported to the king, that " he had found the whole country com-
(1) MS. Copy in SuperiorJCourt files. (2) Hutch, col. papers, p. 504.—
(3) Dover Records. (4) Portsmouth Records. (5) Hutch, col. papers p. 510.

16T6.] UNION WITH MASSACHUSETTS. 87
" plaining of the usurpation of the magistrates of Boston ; earn-
" estly hoping and expecting that his majesty would not permit
" them any longer to be oppressed ; but would give them relief
"according to the promises of the commissioners in 1665." —
With the same bitterness of temper, and in the same strain of
misrepresentation, he inveighed against the government in a long
report to the Lords of Trade ; which farther inflamed the preju
dice that had long been conceived against the colony, and pre
pared the way for the separation which was meditated.
After his departure, a special council being summoned, at
which the elders of the churches were present, the question was
proposed to them, " whether the best way of making answer to
" the complaints of Gorges and Mason about the extent of their
" patent, be by sending agents, or by writing only ?" To which
they answered, " That it was most expedient to send agents, to
" answer by way of information, provided they were instructed
" with much care and caution to negotiate the affair with safety
" to the country, and loyalty to his majesty, in the preservation
" of their patent liberties." Accordingly, William Stoughton, af
terward lieutenant-governor, and Peter Bulkley, then speaker of
the house of deputies, were appointed agents and sailed for Eng
land.1 At their arrival, an hearing was ordered before the lords chief
justices of the King's bench and common pleas ; when , /-_„
the agents in the name of the colony disclaimed all title to
the lands claimed by the petitioner, and to the jurisdiction beyond
three miles northward of the river Merrimack, to follow the course
of the river, as far as it extended.2 The judges reported to the
king, { that they could give no opinion as to the right of soil, in
' the provinces of New-Hampshire and Maine, not having the
' proper parties before them ; it appearing that not the Massachu-
', setts colony, but the ter-tenants had the right of soil, and whole
' benefit thereof, and yet were not summoned to defend their titles.
' As to Mason's right of government within the soil he claimed,
' their lordships, and indeed his own counsel, agreed he had none ;
' the great council of Plymouth, under whom he claimed, having
' no power to transfer government to any. It was determined
' that the four towns of Portsmouth, Dover, Exeter and Hampton
* were out of the bounds of Massachusetts.'3 This report was ac
cepted and confirmed by the king in council.
After this, at the request of the agents, Sir William Jones, the
attorney general, drew up a complete state of the case to
be transmitted to the colony j- by which it seems that he t lg-
had altered his opinion since the report which he gave to
the king in 1675, concerning the validity of Mason's title.4 It was
(1) Hutch. Hist. vol. i. p. 311. (2) Narrative of Allen's Title, p. 5 —
(3) Hutch, vol. i. p. 317. (4) Hutch, vol. i. p. 317.

88 HISTORY OF NEW-HAMPSHIRE, [1679.
also admitted that the title could be tried only on the place, there
feeing no court in England that had cognizance of it.
It became necessary then to the establishment of Mason's title,
that a new jurisdiction should be erected, in which the king might
direct the mode of trial and appeal at his pleasure. This bejng
resolved upon, the colony of Massachusetts was informed, by a
letter from the secretary of state, of the king's intention to
' u y ' separate New-Hampshire from their government, and re
quired to revoke all commissions which they had granted there,
and which were hereby declared to be null and void.1 To prevent
any extravagant demand, the king obliged the claimant to declare,
under his hand and seal, that he would require no rents of the
inhabitants for the time passed, before the twenty-fourth of
June, 1679, nor molest any in their possessions for the time to
come ; but would make out titles to them and their heirs forever,
provided they would pay him sixpence in the pound, according
to the yearly value of all houses which they had built and lands
which they had improved.
Things being thus prepared, a commission passed the great
seal on the eighteenth of September, for the government of New-
Hampshire ; which ' inhibits and restrains the jurisdiction exer-
' cised by the colony of Massachusetts over the towns of Ports-
' mouth, Dover, Exeter and Hampton, and all other lands extend-
' ing from three miles to the northward of the river Merrimack
* and of any and every part thereof, to the province of Maine ;
' constitutes a president and council to govern the province ; ap-
' points John Cutt, esq., president, to continue one year, and till
' another be appointed by the same authority ; Richard Martyn,
' William Vaughan, and Thomas Daniel of Portsmouth, John Gil-
' man of Exeter, Christopher Hussey of Hampton and Richard
' Waldron of Dover, esquires, to be of the council, who were au-
' thorised to choose three other qualified persons out of the sev-
' eral parts of the province to be added to them. The said pres-
' ident and every succeeding one to appoint a deputy to preside
' in his absence ; the president or his deputy with any five to be a
' quorum. They were to meet at Portsmouth in twenty days af-
' ter the arrival of the commission, and publish it. They were
' constituted a court of record for the administration of justice,
' according to the laws of England, so far as circumstances would
* permit ; reserving a right of appeal to the king in council for
' actions of fifty pounds value. They were empowered to appoint
' military officers, and take all needful measures for defence a-
' gainst enemies. Liberty of conscience was allowed to all pro-
' testants, those of the church of England to be particularly en-
* couraged. For the support of government, they were to con-
' tinue the present taxes, till an assembly could be called ; to
(1) Huteh. col. pap. 522.

1679.] UNION WITH MASSACHUSETTS. go,
' which end, they were within three months to issue writs under
' the province seal, for calling an assembly, to whom the president
' should recommend the passing such laws as should establish their
' allegiance, good order and defence, and the raising taxes in such
' manner and proportion as they should see fit. All laws to be
' approved by the president and council, and then to remain in
' force till the king's pleasure should be known, for which purpose,
' they should be sent to England by the first ships. In case of
' the president's death, his deputy to succeed, and on the death
' of a counsellor, the remainder to elect another, and send over
' his name, with the names of two other meet persons, that the
' king might appoint one of the three. The king engaged for
' himself and successors to continue the privilege of an assembly,
' in the same manner and form, unless by inconvenience arising
' therefrom he or his heirs should see cause to alter the same. If
' any of the inhabitants should refuse to agree with Mason or his
' agents, on the terms before mentioned, the president and council
' were directed to reconcile the difference, or send the case stated
' in writing with their own opinions, to the king, that he with his
' privy council might determine it according to equity.'1
The form of government described in this commission consid
ered abstractedly from the immediate intentions, characters, and
connections of the persons concerned, appears to be of as simple a
kind as the nature of a subordinate government and the liberty of the
subject can admit. The people, who are the natural and original
source of power, had a representation in a body chosen by them
selves ; and the king was represented by a president and council of
his own appointment ; each had the right of instructing their repre
sentative, and the king had the superior prerogative of disannulling
the acts of the whole at his pleasure. The principal blemish in the
commission was the right claimed by the king of discontinuing the
representation of the people, whenever he should find it incon
venient, after he had solemnly engaged to continue this privilege.
The clause, indeed, is artfully worded, and might be construed to
imply more or less at pleasure. Herein, Charles was consistent
with himself, parliaments being his aversion. However, there
was in this plan as much of the spirit of the British constitution
as there could be any foundation for in such a colony ; for here
was no third branch to form a balance between the king or his
representatives, and the people. The institution of an house of
peers in Britain was the result of the feudal system : the barons
being lords of the soil and enjoying a sovereignty within their own
territories and over their own vassals ; the constitution was formed
by the union of these distinct estates under one common sovereign.
But there was nothing similar to this in New-England. The set
tlements began here" by an equal 'division of property among inde-
(1) Commission.
14

90 HISTORY OF NEW-HAMPSHIRE. [1679.
pendent freemen. Lordship and vassalage were held in abhor
rence. The yeomanry were the proprietors of the soil and the
natural defenders of their own rights and property; and they
knew no superior but the king. A council, whether appointed
by him or chosen by the people could not form a distinct body,
because they could not be independent. Had such a simple form
of colony government been more generally adopted, and perse-
veringly adhered to, and administered only by the most delicate
hands, it might have served better than any other, to perpetuate
the dependence of the colonies on the British crown.

CHAPTER VII.
The administration of the first council. Opposition to the acts of trade. —
Mason's arrival. Opposition to him. His departure. State of trade and
navigation. The commission was brought to Portsmouth on the first of
January, by Edward Randolph,1 than whom there could not be a
j ggQ more unwelcome messenger. It was received with great
reluctance by the gentlemen therein named ; who, though
they were of the first character, interest and influence, and had
sustained the principal offices civil and military under the colony
government;*2 yet easily saw that their appointment was not
(1) Council Records. (2) Fitch's MS.
* The president John Cutt was a principal merchant, of great probity and
esteem in Portsmouth ; but then aged and infirm.
Richard Martyn, was of goed character, and great influence. He had been
very active in procuring the settlement of a minister in the town of Ports
mouth. William Vaughan was a wealthy merchant, generous and public spirited,
and of undaunted resolution. He was of Welch extraction, but was bred in
London under Sir Josiah Child, who had a great regard for him, and whose
interest he made use of for the good of the province .
Thomas Daniel, was a person of such note and importance, that when he
died in a time of general sickness and mortality, Mr. Moodey preached his
funeral sermon from 2 Sam.ii. 30. " There lacked of David's servants nine
teen men and Asahel." Fitch's MS.
John Gilman, was a principal man in Exeter, as was Christopher Hussey,
in Hampton. [Christopher Hussey was born in Darking, in Surry, came to
New-England as early as 1634, in which year he was admitted a freeman by
the Massachusetts colony. He settled at Hampton in 1638, and represented
that town in the General Court in 1658, 1659 and 1660. In 1685, he was cast
away and lost on the coast of Florida. He had three sons, Stephen born in
1630, who died in Nantucket in 1718, aged 88 ; John, who removed to" New-
Castle in Delaware, and Joseph, who remained in Hampton, and was the
representative in 1672. Lewis, Hist. Lynn, 29.]
Richard Waldron, was a native of Somersetshire, and one of the first set
tlers in Dover. He was much respected and eminently useful, having sus
tained divers important offices civil and military, and approved his courage
and. fidelity in the most hazardous enterprises.

1680.] PROVINCE. JOHN CUTT. 91
from any respect to them or favor to the people ; but merely to
obtain a more easy introduction to anew form of government, for
a particular purpose, which they knew would be a source of per
plexity and distress. They would gladly have declined acting in
their new capacity ; but considering the temper of the government
in England, the unavoidable necessity of submitting to the change,
and the danger (upon their refusal) of others being appointed
who would be inimical to the country, they agreed to qualify
themselves, determining to do what good, and keep off what harm
they were able. They therefore published the commission, and
took the oaths on the twenty-first day of January, which was the
utmost time limited, and published the commission the next day. 1
Agreeably to the rbyal direction, they chose three other gentlemen
into the council ; Elias Stileman of Great Island, who had been a
clerk in the county courts, whom they now appointed secretary,
Samuel Dalton of Hampton, and Job Clements of Dover. The
president nominated Waldron to be his deputy or vice president ;
Martyn was appointed treasurer, and John Roberts, marshal.
This change of government gratified the discontented few, but
was greatly disrelished by the people in general ; as they saw
themselves deprived of the privilege of choosing their own rulers,
which was still enjoyed by the other colonies of New-England,
and as they expected an invasion of their property soon to follow.
When writs were issued for calling a general assembly, the
persons in each town who were judged qualified to vote were
named in the writs ;* and the oath of allegiance was administered
to each voter. A public fast was observed, to ask the di- „ , „-
vine blessing on the approaching assembly, and " the con-
" tinuance of their precious and pleasant things." The assem-
blyf met at Portsmouth on the sixteenth of March, and was open
ed with prayer and a sermon by Mr. Moodey.
To express their genuine sentiments of the present change,
and invalidate the false reports which had been raised against
(1) Council Records.
* The number of qualified voters in each town was,
In Portsmouth 71
Dover 61
Hampton 57
Exeter 20
209
t The Deputies in this first Assembly were, for
Portsmouth. Hampton.
Robert Elliot, Anthony Stanyan,
Philip Lewis, Thomas Marston,
John Pickering. Edward Gove.
Dover. Exeter.
Peter Coffin, Bartholomew Tippen,
Anthony Nutter, Ralph Hall.
Richard Waldron, jun.

92 HISTORY OF NEW-HAMPSHIRE. [1680.
them, as well as to shew their gratitude and respect to their form
er protectors, they wrote to the general court at Boston, " ac-
" knowledging the kindness of that colony in taking them under
" their protection and ruling them well ; assuring them, that it
" was not any dissatisfaction with their government, but merely
" their submission to divine providence and his majesty's com-
" mands, without any seeking of their own, which induced them
" to comply with the present separation, which they should have
" been glad had never taken place ; signifying their desire that
" a mutual correspondence might be continued for defence against
" the common enemy, and offering their service when it should
" be necessary."*1 '
Their next care was to frame a code of laws, of which the
first, conceived in a style becoming freemen, was " that no act,
" imposition, law or ordinance should be made or imposed upon
" them, but such as should be made by the assembly and approved
" by the president and council." Idolatry, blasphemy, treason,
rebellion, wilful murder, manslaughter, poisoning, witchcraft, sod
omy, bestiality, perjury, man-stealing, cursing and rebelling against
parents, rape and arson were made capital crimes. The other
penal laws were in their main principles the same that are now
in force. To prevent contentions that might arise by reason of
the late change of government, all townships and grants of land
were confirmed, and ordered to remain as before ; and contro
versies about the titles of land were to be determined by juries
chosen by the several towns, according to former custom. The
president and council with the assembly were a supreme court of
Judicature, with a jury when desired by the parties ; and three
inferior courts were constituted at Dover, Hampton and Ports
mouth.2 The military arrangement was, one foot company in
each town, one company of artillery at the fort, and one troop of
horse, all under the command of Major Waldron.
During this administration; things went on as nearly as possible
in the old channel, and with the same spirit, as before the sepa
ration. A jealous watch was kept over their rights and privileges,
and every encroachment upon them was withstood to the utmost.
The duties and restrictions established by the acts of trade and
(1) Council Records. (2) MS. Laws.
* This letter fully shews the absurdity , of the reason assigned by Douglass
in his Summary, vol. ii. page 28, for erecting this new government. " The
" proprietors and inhabitants of New-Hampshire not capable of protecting
" themselves against the Canada French and their Indians, desired of the
" crown to take them underits immediate protection." A random assertion,
unsupported by any proof and contrary to plain fact ! The crown could af
ford them no protection against Indians. With the French, the crown was in
alliance, and the nation was at peace, [The Letter of the General Assembly
of N. H., addressed " to the honourable Governour and Council of the Mas
sachusetts Colony to be communicated to the General Court," is given en
tire by Mr. Adams, Annals of Portsmouth, 65— 67.]

1680.] PROVINCE. JOHN CUTT. 93
navigation were universally disgustful, and the more so as Ran
dolph was appointed collector, surveyor and searcher of the cus
toms throughout New-England. In the execution of his com
mission, he seized a ketch belonging to Portsmouth, but bound
from Maryland to Ireland, which had put into this port for
a few days. The master, Mark Hunking, brought an ac
tion against him at a special court before the president and coun
cil, and recovered damages and costs to the amount of thirteen
pounds. Randolph behaved on this occasion with such insolence,
that the council obliged him publicly to acknowledge his offence
and ask their pardon. He appealed from their judgment to the
king ; but what the issue was doth not appear.1 Having consti
tuted Captain Walter Barefoote his deputy at this port, an adver
tisement was published requiring that all vessels should be entered
and cleared with him. Upon which, Barefoote was brought to
examination, and afterward indicted before the president t rRn
and council, for ' having in an high and presumptuous Mar 35'
' manner set up his majesty's office of customs without
' leave from the president and council ; in contempt of his majesty's
' authority in this place ; for disturbing and obstructing his majes-
' ty's subjects in passing from harbor to harbor, and town to town ;
' and for his insolence in making no other answer to any question
' propounded to him but " my name is Walter." ' He was sen
tenced to pay a fine of ten pounds, and stand committed till it was
paid. But though Randolph's authority was denied, yet they
made an order of their own for the observation of the acts of
trade, and appointed officers of their own to see them executed.
They had been long under the Massachusetts government, and
learned their political principles from them ; and as they had been
used to think that all royal authority flowed in the channel of the
charter, so they now thought that no authority derived from the
crown could be regularly exercised in the province but through
their commission. In this, they reasoned agreeably not only to
their former principles, but to their fundamental law, to which they
steadily adhered, though they had no reason to think it would be
allowed by the crown ; and though they knew that a rigid adher
ence to rights, however clear and sacred, was not the way to re
commend themselves to royal favor. But they were not singular
in these sentiments, nor in their opposition to the laws of trade.
Randolph was equally hated, and his commission neglected at
Boston ; where the notary refused to enter his protest against the
proceedings of the court ; and he was obliged to post it on the
exchange.2 In the latter end of the year, Mason arrived from England with
a mandamus, requiring the council to admit him to a seat Dec 30
at the board, which was accordingly done. He soon en- .
tered on the business he came about ; endeavoring to per-
(1) Council Records and Files. (2) MSS. in files.

94 HISTORY OF NEW-HAMPSHIRE. [1681.
suade some of the people to take leases of him, threatening others
if they did not, forbidding them to cut firewood and timber, as
serting his right to the province and assuming the title of lord-
protector. His agents, or stewards as they were called, had ren
dered themselves obnoxious by demanding rents of several per
sons and threatening to sell their houses for payment. These
proceedings raised a general uneasiness,; and petitions were sent
from each town, as well as from divers individuals, to the council
for protection ; who, taking up the matter judicially, published an
order prohibiting Mason or his agents at their peril to repeat such
irregular proceedings, and declaring their intention to transmit the
grievances and complaints of the people to the king. Upon this,
Mason would no longer sit in council, though desired, nor appear
when sent for ; when they threatened to deal with him as an of
fender, he threatened to appeal to the king, and published a sum
mons to the president and several members of the council, and
others to appear before his majesty in three months. This was
Mar 28 deemed " an usurpation over his majesty's authority here
' " established," and a warrant was issued for apprehending
him ; but he got out of their reach and went to England.
During these transactions, president Cutt died, and Major
April 5 Caldron succeeded him, appointing Captain Stileman for
' his deputy, who had quitted his place of secretary upon
the appointment of Richard Chamberlain to that office by royal
Dec. 30. commission. The vacancy made in the council by the
1680. president's death was filled by Richard Waldron, junior.
On the death of Dalton, Anthony Nutter was chosen. Henry
Dow was appointed marshal in the room of Roberts who re
signed. During the remainder of the council's administration, the com
mon business went on in the usual manner, and nothing remark
able is mentioned, excepting another prosecution of Barefoote,
Mar. 10. with *?'? assistants> William Haskinsand Thomas Thurton
'for seizing a vessel " under pretence of his majesty's name,
" without the knowledge of the authority of the province, and
" without shewing any breach of statute though demanded."
Barefoote pleaded his deputation from Randolph ; but he was
amerced twenty pounds to be respited during his good behaviour,
and his two assistants five pounds each ; the complainant being
left to the law for his damages. This affair was carried by appeal
to the king; but the issue is not mentioned.
It will be proper to close the account of this administration with
a view of the state of the province as to its trade, improvements
and defence, from a representation thereof made by the council
to the lords of trade, pursuant to their order.
" The trade of the province, (say they) is in masts, planks,
boards and staves and all other lumber, which at present is of
little value in other plantations, to which they are transported ; so

1682.] PROVINCE. RICHARD WALDRON. 95
that we see no other way for the advantage of the trade, unless
his majesty please to make our river a free port.
" Importation by strangers is of little value ; ships commonly
selling their cargoes in other governments, and if they come here,
usually come empty to fill with lumber : but if haply they are at
any time loaded with fish, it is brought from other ports, there
being none made in our province, nor likely to be, until his maj
esty please to make the south part of the Isles of Shoals part of
this government, they not being at present under any.*
" In reference to the improvement of lands by tillage, our soil
is generally so barren, and the winters so extreme cold and long
that there is not provision enough raised to supply the inhabitants,
many of whom were in the late Indian war so impoverished, their
houses and estates being destroyed, and they and others remain
ing still so incapacitated for the improvement of the land, (several
of the youth being killed also) that they even groan under the tax
or rate, assessed for that service, which is, great part of it, unpaid
to this day.f
" There is at the Great Island in Portsmouth, at the harbor's
mouth, a fort well enough situated, but for the present too weak
and insufficient for the defence of the place ; the guns being
eleven in number are small, none exceeding a sacre (six pound
er) nor above twenty-one hundred weight, and the people too
poor to make defence suitable to the occasion that may happen
for the fort.
" These guns were bought, and the fortification erected, at the-
proper charge of the towns of Dover and Portsmouth, at the be
ginning of the first Dutch war, about the year 1665, in obedience
to his majesty'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 Ports
mouth, purchased by private persons, for their security and de-
* When these islands were first settled is uncertain, but it must have been
very early, as they are most commodiously situated for the fishery , which was
a principal object with the first settlers. While New-Hampshire was united
to Massachusetts, they were under the same jurisdiction, and the town there.
erected was called Appledore. (Mass. Rec.) They are not named in Cutt's-
nor Cranfield's commission : but under Dudley's presidency, causes were
brought from thence to Portsmouth, which is said to be in the same county..
In Allen's and all succeeding commissions, they are particularly 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 :
Merchantable white pine boards per m. 30s.
White Oak pine staves per ditto £3.
Red Oak ditto per ditto 30s.
Red Oak Hhd. ditto per ditto 25s.
Indian Corn per bushel 3s.
Wheat per ditto 5s.
Malt per ditto 4s.
N. B. J3ilver was 6s. and 8d. per oz.

9(5 HISTORY OF NEW-HAMPSHIRE. [1682.
fence against the Indians in the late war with them, and whereof
the owners may dispose at their pleasure. To supply the fore
said defect and weakness of the guns and fort, we humbly suppli
cate his majesty to send us such guns as shall be more serviceable,
with powder and shot."
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 ships, eighteen ketches,
two barks, three pinks, one shallop and one fly-boat ; in all forty-

seven.

CHAPTER VIII.
The administration of Cranfield. Violent measures. Insurrection, trial and
imprisonment of Gove. Mason's suits. Vaughan's imprisonment. Pros
ecution of Moodey and his imprisonment. Arbitrary proceedings. Com
plaints. Tumults. Weare's agency in England. Cranfield's removal.
Barefoote's administration.
Experience having now convinced Mason, that the govern
ment which he had procured to be erected, was not likely to be
administered in a manner favorable to his views, he made it his
business, on his return to England, to solicit a change ; in conse
quence of which it was determined to commission Edward Cran
field, Esq., lieutenant-governor and commander in chief of New-
Hampshire. By a deed enrolled in the court of chancery, Mason
surrendered to the king one fifth part of the quit-rents,
'"'  which had or should become due. These, with the fines
and forfeitures which had accrued to the crown since the estab
lishment of the province, and which should afterward arise, were
appropriated to the support of the governor. But this being
deemed too precarious a foundation, Mason by another deed
mortgaged the whole province to Cranfield, for twenty-one years,
as security for the payment of one hundred and fifty pounds per
annum, for the space of seven years.2 On this encouragement,
Cranfield relinquished a profitable office at home, with the view of
bettering his fortune here.3
By the commission, which bears date the ninth of May, the
governor was empowered to call, adjourn, prorogue and dissolve
general courts ; to have a negative voice in all acts of government ;
to suspend any of the council when he should see just cause (and
every counsellor so suspended was declared incapable of being
elected into the general assembly ;) to appoint a deputy-governor,
judges, justices, and other officers, by his sole authority ; and to
(1) Council Records. (2) MSS. in the files. (3) Fitch's MS.

1682.] PROVINCE. EDWARD CRANFIELD. 97
execute the powers of vice-admiral. The case of Mason was
recited nearly in the same words as in the former commission,
and the same directions were givento the governor to reconcile dif
ferences, or send cases fairly stated to, the king in council for his
decision. The counsellors named in this commission were Ma
son, who was styled proprietor, Waldron, Daniel, Vaughan, Mar
tyn, Gilman, Stileman and Clements : these were of the former
council, and to them were added Walter Barefoote, and Richard
Chamberlain. Cranfield arrived and published his commission on the fourth
of October, and within six days, Waldron and Martyn were sus
pended from the council, on certain articles exhibited against them
by Mason.1 This early specimen of the exercise of power must
have been intended as a public affront to them, in revenge for
their former spirited conduct ; otherwise their names might have
been left out of the commission when it was drawn.
The people now plainly saw the dangerous designs formed a-
gainst them. The negative voice of a governor, his right of sus
pending counsellors, and appointing officers, by his own authority,
were wholly unprecedented in New-England ; and they had the
singular mortification to see the crown not only appointing two
branches of their legislature, but claiming a negative on the elec
tion of their representative, in a particular case, which might
sometimes be essentially necessary to their own security. They
well knew that the sole design of these novel and extraordinary
powers was to facilitate the entry of the claimant on the lands,
which some of them held by virtue of grants from the same au
thority, and which had all been fairly purchased of the Indians ;
a right which they believed to be of more validity than any other.
Having by their own labor and expense subdued a rough wilder
ness, defended their families and estates against the savage enemy,
without the least assistance from the claimant, and held possession
for above fifty years ; they now thought it hard and cruel, that
when they had just recovered from the horrors of a bloody war,
they should have their liberty abridged, and their property de
manded, to satisfy a claim which was at best disputable, and in
their opinion groundless. On the other hand, it was deemed un
just, that grants made under the royal authority should be disre
garded ; and that so great a sum as had been expended by the
ancestor of the claimant, to promote the settlement of the country,
should be entirely lost to him ; especially as he had foregone some
just claims on the estate as a condition of inheritance.2 Had the
inhabitants by any fraudulent means impeded the designs of the
original grantee, or embezzled his interest, there might have been
a just demand for damages; but the unsuccessfulness of that ad
venture was to be sought for in its own impracticability ; or the
(1) Council Records. (2) Mason's Will.
15

98 HISTORY OF NEW-HAMPSHIRE. [1682.
negligence, inability or inexperience of those into whose hands
the management of it fell after Captain Mason's death, and dur
ing the minority of his successor.
An assembly being summoned, met on the fourteenth of Nov
ember ; with whose concurrence a new body of laws was enacted,
in some respects different from the former ; the fundamental law
being omitted and an alteration made in the appointment of jurors,
which was now ordered to be done by the sheriff, after the custom
in England.1Cranfield, who made no secret of his intention to enrich him
self by accepting the government, on the first day of the assembly
restored Waldron and Martyn to their places in the council ; hav
ing, as he said, examined the allegations against them and found
them insufficient.2 In return for this show of complaisance, and
taking advantage of his needy situation, the assembly having
ordered an assessment of five hundred pounds, appropriated one
half of it as a present to the governor ; hoping thereby to detach
him from Mason, who they knew could never comply with his
engagements to him. Preferring a certainty to an uncertainty, he
passed the bill, though it was not presented to him till after
" he had given order for adjourning the court, and after
Mason, Barefoote and Chamberlain were withdrawn from the
council.3 This appearance of good humor was but short-lived ; for at
the next session of the assembly, the governor and council having
, gg3 tendered them a bill for the support of government, which
Jan. 20. tuey u'^ not aPProve, and they having offered him several
bills which he said were contrary to law, he dissolved them ;
having previously suspended Stileman from the council and dis
missed him from the command of the fort, for suffering a vessel
under seizure to go out of the harbor. Barefoote was made cap
tain ol the fort in his room.4
The dissolution of the Assembly, a thing before unknown, ag
gravated the popular discontent, and kindled the resentment of
some rash persons in Hampton and Exeter ; who, headed by
Edward Gove, a member of the dissolved assembly, declared by
sound of trumpet for " liberty and reformation." There had
been a town meeting at Hampton, when a new clerk was chosen
and their records secured. Gove went from town to town pro
claiming what had been done at Hampton, carrying his arms,
declaring that the governor was a traitor and had exceeded his
commission, and that he would not lay down his arms, till matters
were set right, and endeavoring to excite the principal men in
the province to join in a confederacy to overturn the government.
His project appeared to them so vrild and dangerous, that they not
(1) MS. Laws. (2) Vaughan's Journal. Council Records. (3) MSS. in
the files. (4) Council Records.

1683.] PROVINCE. EDWARD CRANFIELD. 99
only disapproved of it, but informed against him and assisted in
apprehending him. Hearing of their design, he collected his
company, and appeared in arms ; but on the persuasion of some
of his friends he surrendered. A special court was immediately
commissioned for his trial, of which Major Waldron sat as judge,
with William Vaughan and Thomas Daniel assistants. The grand
jury presented a bill, in which Edward Gove, John Gove, his son,
and William Hely, of Hampton; Joseph, John and Robert
Wadleigh, three brothers, Thomas Rawlins, Mark Baker and
John Sleeper, of Exeter, were charged witir high-treason. Gove,
who behaved with great insolence before the court, and pretended
to justify what he had done, was convicted and received sentence
of death in the usual hideous form ; and his estate was
seized, as forfeited to the crown. The others were con-
victed of being accomplices, and respited.1 The king's pleasure
being signified to the governor that he should pardon such as he
judged objects of mercy ; they were all set at liberty but Gove,
who was sent to England, and imprisoned in the tower of Lon
don about three years. On his repeated petitions to the king,
and by the interest of Randolph with the Earl of Clarendon, then
lord chamberlain, he obtained his pardon and returned home in
1686, with an order to the then president and council of New-
England to restore his estate.
Gove in his petitions to the king pleaded " a distemper of mind"
as the cause of those actions for which he was prosecuted. He
also speaks in some of his private letters of a drinking match at
his house, and that he had not slept for twelve days and nights,
about that time.2 When these things are considered, it is not hard
to account for his conduct. From a letter which he wrote to the-
court while in prison, one would suppose him to have been dis
ordered in his mind.* His punishment was by much too severe,
{1) Records of Special Courts. (2) Gove's papers.
* [The letter alluded to, addressed to the justices of the court of sessions,
and found in the Recorder's office, was copied by Dr. Belknap, for the Ap
pendix to the first volume, but it was, with several other papers, excluded for
want of room. It is here added, printed from the copy made by the author.
" A Letter from Edward Gove in Prison to the Justices of the Court of
Sessions. From the great Island in Portsmouth in New-Hampshire, 29 Jany. 1682-3.
To the much hond. Justices of the Peace as you call yourselfs by your indite-
ment, in which eleven mens names subscribed namely Ed. Gove, John Gove,
Jo. Wadly, John Wadly, Rob. Wadly, Ed. Smith, Will. Ely, Tho. Rawlins,
John Sleeper, Mark Baker, John Young. Gentlemen excuse me I cannot
petision you as persons in authority by the name of Justises of the peace, for
now I am upon a serious account for my Life and the Life of those that are
with me. Therefore pray consider well and take good advice of persons in
Government from whence you came. I pray God that made the Heavens,
the Earth, the sease and all that in them is to give you wisdom and corag in
your plases to discharg such duty as God requires of you and 2dly I hartyly
pray God to direct you to do that which bur grasious King Charls the 2d of
blessed memory requires of you. Gentlemen, it may be I may be upon a

100 HISTORY OF NEW-HAMPSHIRE. [1683.
and his trial was hurried on too fast, it being only six days after
the commission of his crime. Had he been indicted only for a
riot there would have been no difficulty in the proof, nor hardship
in inflicting the legal penalty. Waldron, it is said, shed tears
when pronouncing the sentence of death upon him.
On the fourteenth of February, the governor, by advertisement,
called upon the inhabitants to take out leases from Mason within
one month, otherwise he must, pursuant to his instructions, certify
the refusal to the king, that Mason might be discharged of his
obligation to grant them. Upon this summons, and within the
time set, Major Waldron, John Winget* and Thomas Roberts,
mistake, but according to what I know and believe I am falsly indited and I
am- abused notwithstanding by another Inditement, by being in Iorns by Cap.
Barefoot's order which Iorns are called billbose, exceeding large. Pray con
sider we are men like yourselves made of the same earth and I know who
made the difference.
And I verily believe that the holy righteous just God will have an account
of you for your Justis in this matter. Pray consider. When this last change
was I writ to one man in this Province, I tould him wee were a hapy people
if all was right in the Bottom. Time was that I said all was right in the bot
tom, I believed it, but nowl see otherwise. Who knows what shall be on the
morrow. Though it bee appointed a solemn day of fasting, I know that when
it was appointed there was not the election of cries aiid teares that will ap
pear when the day comes. If ever New-England had need of a Solomon, or
David, or Moses, Caleb or Joshua it is now. My tears are in my eyes I can
hardly see.
Yet will I say I do believe how it will com. You and they with siths and
grones must out do the ministry ; The Ministry must endeavor to out do you,
but if you and they do any thing in hipocrisy , God will find you out and deliv
erance will com som other way.
We have a hard prison, a good keeper, a hard Captain, iorns an inch over,
five foot and several inches long, two men locked together ; yet I had I thank
God for it a very good nights lodging, beter than I had fourteene or fiveteene
nights before. I pray God direct you and let me here from you by a messen-
§er that your honors shall imploy and consider. I am your honors humbel
ervant in all duty to be commanded. Edward Gove.
I know those that will have a blessing from God must endeavor to stand in
the way of a blessing. This Doctrin I heard about 32 yeares ago.
Edward Gove.
Excuse any thing writ amiss for the Lord's sake. I would you all were aa
lam and as fitt to recieve reward for' innosensy. I humbly beg your Prayers
to God in our behalfe. Edward Gove.
If any thing be amiss in what is written, lett the subscriber bear the blame,
for the rest are surprized with feare. Edward Gove.
I humbly and hartily desire some of your honors would speak to Mister
Mody to pray to God in the behalfe of all his pore prisoners the world over
and espesially for us before named the men of this Province who ly under
hevi burdens. Edward Gove.
The original of this Letter is in ye Recorder's office."
It is now (1830) in the Secretary's office.]
* [He is the ancestor of the Wingate families in New-Hampshire and Maine.
He was admitted freeman by the Massachusetts colony in 1666, and died about
the year 1689. His children were Ann, born 18 February, 1667; John, born
13 July, 1670 ; Joshua and Caleb. Joshua married and lived in Hampton,
where he died at the age of 90 years or upwards. He was at the conquest of
Louisburgin 1745, was afterwards a colonel, and a representative from Hamp
ton in the General Assembly. He wrote his name as in the text, but it seems
to have been altered to Wingate by his sons, two of whom were educated at
Harvard College. Rev. Paine Wingate, the eldest, graduated in 1723, and

1683.J PROVINCE. EDWARD CRANFIELD. l0l
three of the principal landholders in Dover, waited on the gov
ernor to know his pleasure, who directed them to agree with Ma
son. They then retired into another room where Mason was,
and proposed to refer the matter to the governor, that he might
according to his commission, state the matter to the king for his
decision. This proposal, Mason rejected, saying that unless they
would own his title, he would have nothing to do with them. 
Whilst they were in discourse, the governor came in and desired
them to depart.1
_ This piece of conduct is difficult to be accounted for, it being
directly in the face of the commission. Had the method therein
prescribed, and by these men proposed, been adopted, it was
natural to expect that the king, who had all along favored Mason's
pretensions, would have determined the case as much to his wish
as upon an appeal from a judicial court ; besides, he had now
the fairest opportunity to have it decided in the shortest way, to
which his antagonists must have submitted, it being their own
proposal. His refusal to accede to it was a capital mistake, as it
left both him and Cranfield exposed to the charge of disobedience.
But it afforded a powerful plea in behalf of the people ; whose
confidence in the royal justice would have induced them to com
ply with the directions in the commission. It being now impossi
ble to have the controversy thus decided they determined to
hearken to none of his proposals. As he generally met with op
position and contradiction, he was induced to utter many rash
sayings in all companies. He threatened to seize the principal
estates, beggar their owners, and provoke them to rebellion, by
bringing a frigate into the harbor, and procuring soldiers to be
quartered on the inhabitants.2 These threats were so far from
intimidating the people, that they served the more firmly to unite
them in their determination not to submit ; and each party was
now warm in their opposition and resentment.
The governor on some fresh pretence suspended Waldron,
Martyn and Gilman from the council. The deaths of Daniels and
Clements made two other vacancies. Vaughan held his seat the
longest, but was at length thrust out for his non-compliance with
some arbitrary measures. So that the governor had it in his
power to model the council to his mind, which he did by appoint
ing at various times Nathaniel Fryer, Robert Elliot, John Hinckes,
(1) Weare's MS. (2) Ibid.
was ordained the minister of Amesbury, in Massachusetts, 15 June, 1726, and
died 19 February, 1786, aged 83. John, the youngest, was born at Hampton,
4 January, 1725, graduated in 1744, and died 4 September, 1812, aged 88. A
son of the Rev. Paine Wingate, is the Hon. Paine Wingate of Stratham, who
was born 14 May, 1739,-graduatedat Harvard college 1759, and is now the
oldest living graduate of that institution. He was one of the first Senators
from New-Hampshire under the Federal Constitution, and for many years
was Judge of the Supreme Court of the State.]

102 HISTORY OF NEW-HAMPSHIRE. [1683.
James Sherlock, Francis Champernoon and Edward Randolph,
esquires. The judicial courts were also filled with officers proper
for the intended business. Barefoote, the deputy governor, was
judge : Mason was chancellor ; Chamberlain was clerk and pro-
thonotary ; Randolph was attorney general, and Sherlock provost
marshal and sheriff.1 Some who had always been disaffected to
the country, and others who had been awed by threats or flattered
by promises took leases from Mason ; and these served for under
sheriffs, jurors, evidences, and other necessary persons.
Things being thus prepared, Mason began his law-suits by a
writ against Major Waldron, (who had always distinguished him
self in opposition to his claim) for holding lands and felling timber
to the amount of four thousand pounds. The major appeared in
court, and challenged every one of the jury as interested persons,
some of them having taken leases of Mason, and all of them
living upon the lands which he claimed. The judge then caused
the oath of voire dire to be administered to each juror, purport
ing " that he was not concerned in the lands in question, and that
" he should neither gain nor lose by the cause." Upon which
the major said aloud to the people present, " that his was a lead-
" ing case, and that if he were cast they must all become tenants
" to Mason ; and that all persons in the province being interested,
" none of them could legally be of the jury."2 The cause how
ever went on ; but he made no defence, asserted no title, and
gave no evidence on his part. Judgment was given against him
and at the next court of sessions he was fined five pounds for
" mutinous and seditious words."
Suits were then instituted against all the principal landholders
in the province, who, following Waldron's example, never made
any defence. Some, chiefly of Hampton, gave in writing their
reasons for not joining issue ; which were, the refusal of Mason to
comply with the directions in the commission ; the impropriety of
a jury's determining what the king had expressly reserved to
himself ; and the incompetency of the jury, they being all inter
ested persons, one of whom had said that " he would spend his
" estate to make Mason's right good." These reasons were irri
tating rather than convincing to the court. The jury never hesi
tated in their verdicts. From seven to twelve causes were des
patched in a day, and the costs were multiplied from five to twenty
pounds. Executions were issued, of which two or three only
were levied ; but Mason could neither keep possession of the
premises nor dispose of them by sale, so that the owners still
enjoyed them. Several threatened to appeal to the king, but
Major Vaughan alone made the experiment.3
A suit was also commenced against Martyn who had been
treasurer, for the fines and forfeitures received by him, during the
(1) Council Records. (2) MS. in files. (3) MS. infiles and Weare's MS8.

1683.] PROVINCE. EDWARD CRANFIELD. 1Q3
former administration ; and judgment was recovered for seventy
one pounds, with costs. Martyn petitioned Mason as chancellor,
setting forth that he had received and disposed of the money ac
cording to the orders of the late president and council, and pray
ing that the whole burden might not lie . upon him. A decree
was then issued for the other surviving members of the late coun
cil, and the heirs of those who were dead, to bear their propor
tion.1 This decree was afterward reversed by the king in council.
Cranfield with his council had now assumed the whole legisla
tive power. They prohibited vessels from Massachusetts to enter
the port, because the acts of trade were not observed in that
colony : they fixed the dimensions of merchantable lumber ; alter
ed the value of silver money, which had always passed by weight
at six shillings and eight pence per ounce; and ordered that
dollars should be received at six shillings each, which was then a
great hardship ; as many of them were greatly deficient in weight.
They also changed the bounds of townships; established fees
of office ; made regulations for the package of fish, and ordered
the constables to forbear collecting any town or parish taxes till
the province tax was paid, and the accounts settled with the
treasurer.2 The public grievances having become insupportable, the people
were driven to the necessity of making a vigorous stand for their
liberties. The only regular way was by complaint to the king.
Having privately communicated their sentiments to each other,
and raised money- by subscription, they appointed Nathaniel
Weare, esq., of Hampton,* their agent; and the four towns having
drawn and subscribed distinct petitions of the same tenor, Weare
privately withdrew to Boston from whence he sailed for England.
Major Vaughan who accompanied him to Boston, and was ap
pointed to procure depositions to send after him, was upon his
return to Portsmouth, brought to an examination, treated with
great insolence and required to find sureties for his good behav
iour ; which, having broken no law, he refused ;f and was by the
governor's own warrant immediately committed to prison ; where
he was kept nine months to the great damage of his health, and
of his own as well as the people's interest.3
Amidst these multiplied oppressions, Cranfield was still disap-
(1) MSS. in files. (2) Council Records. (3) MSS. in files.
* [Nathaniel Weare is supposed to have been son of Peter Weare. He was
born about the year 1631, and lived sometime in Newbury, where several of
his children were born. He was admitted freeman in 1666, at which time he
belonged to Hampton. He was appointed a counsellor of the province in
1692, and died 13 May, 1718, aged 87. His son Peter, who was born at New
bury, 15 November, 1660, was also a counsellor of New-Hampshire, being ap
pointed to that office in 1698.]
t In this refusal he is countenanced by the example of the great Selden, and
other members of parliament who were imprisoned by order of Charles I. in
1629. Macaulay 's Hist. Eng. 8yo. vol. 2, page 72.

104 HISTORY OF NEW-HAMPSHIRE. [1684.
pointed of the gains he had expected to reap from his office ; and
fi found to his great mortification, that there was no way of
supplying his wants, but by application to the people,
through an assembly. He had already abused them so much
that he could hope nothing from their favor ; and was therefore
obliged to have recourse to artifice. On a vague rumor of a
foreign war, he pretended much concern for the preservation of
the province from invasion ; and presuming that they would show
the same concern for themselves, he called an assembly
' at Great-Island, where he resided, to whom he tendered
a bill, which in a manner totally unparliamentary, had been drawn
and passed by the council, for raising money to defray the ex
pense of repairing the fort, and supplying it with ammunition, and
for other necessary charges of government. The house* debated
a while, and adjourned for the night, and the tide serving, the
members went up to the town. In the morning, they returned
the bill with their negative ; at which the governor was highly en
raged, and telling them that they had been to consult with Moodey,
and other declared enemies of the king and church of England,
he dissolved them ; and afterward by his influence with the court
of sessions, divers of the members were made constables for the
following year.1 Some of them took the oath, and others paid
the fine, which was ten pounds. Thus by a mean and execrable
revenge, he taxed those whom he could not persuade to tax their
constituents for his purpose.
But Moodey was marked as an object of peculiar vengeance.
He had for some time rendered himself obnoxious by the freedom
and plainness of his pulpit discourses, and his strictness in admin
istering the discipline of the church ; one instance of which merits
particular notice. Randolph having seized a vessel, she was in
the night carried out of the harbor. The owner, who was a
memberf of the church, swore that he knew nothing of it ; but
upon trial, there appeared strong suspicions that he had perjured
himself. He found means to make up the matter with the gov
ernor and collector ; but Moodey, being concerned for the purity
(1) Court Records. Vaughan's Journal.
* The Members of this assembly were, for
Portsmouth. Hampton.
Richard Waldron, jun. speaker, Anthony Stanyan,
Philip Lewis, Joseph Smith,
John Pickering. John Smith.
Dover. Exeter.
John Gerrish, Robert Smart,
John Woodman, Thomas Wiggin.
Anthony Nutter. Court Records.
t [From Adams, Annals Portsmouth, p. 78, we learn that the name of this
member was George Janvrin, but from a letter from Randolph to the Lords of
Trade and Plantations, it appears that it was " one Jefferys, a Scotchman,"
unless there were two similar cases. Jefferys was a member of the church.]

1684.] PROVINCE. EDWARD CRANFIELD. 105
of his church, requested of the governor copies of the evidence,
that the offender might be called to account in the way of ecclesi
astical discipline. Cranfield sternly refused, saying that he had
forgiven him, and that neither the church nor minister should
meddle with him ; and even threatened Moodey in case he
should. Not intimidated, Moodey consulted the church and
preached a sermon against false swearing ; then the offender,
being called to account, was censured, and at length brought to
a public confession.1 This procedure extremely disgusted the
governor, who had no way then in his power to show his resent
ment. But malice, ever fruitful in expedients to attain its ends,
suggested a method, which to the scandal of the English nation,
has been too often practised. The penal laws against noncon
formists were at this time executing with great rigor in England ;
and Cranfield, ambitious to ape his royal master, determined to
play off the ecclesiastical artillery here, the direction of which
he supposed to be deputed to him with his other powers. He had
attempted to impose upon the people the observation of the thir
tieth of January as a fast, and to restrain them from manual labor
at Christmas ; but his capital stroke was to issue an order in
council " that after the first of January, the ministers should ad-
" mit all persons of suitable years and not vicious, to the Lord's
" supper, and their children to baptism ; and that if any person
" should desire baptism or the other sacrament to be administered
" according to the liturgy of the church of England, it should be
" done in pursuance of the king's command to the colony of
" Massachusetts ;* and any minister refusing so to do should suf-
" fer the penalty of the statutes of uniformity."
The same week in which he dissolved the assembly, he signi
fied to Moodey in writing, by the hands of the sheriff, that him
self, with Mason and Hinckes, intended to partake of the Lord's
supper the next Sunday ; requiring him to administer it to them
according to the liturgy ; and, as they justly expected, he at once
(1) Portsmouth Church Records.
* This command was conceived in the following terms :
" And since the principle and foundation of that charter was and is freedom
and liberty of conscience ; Wee do hereby charge and require you that free
dom 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 manner that
is established here be not denyed the exercise thereof, or undergoe any preju
dice or disadvantage thereby, they using their liberty peaceably without any
disturbance to others ; and that all persons of good and honest lives and con
versations be admitted to the sacrament of the Lord's supper according to said
booke of common prayer, and their children to baptism." King Charles's
Letter in Hutchinson's coll. pap. p. 378.
This command cannot consistently with the acknowledged principle, and
strict limitation, be construed any other way, than that the use of the liturgy
should be permitted to such ministers and people as desired it. To compel
ministers to use it, and leave al] others at liberty, was a construction that mal
ice alone could suggest. 16

106 HISTORY OF NEW-HAMPSHIRE. [1684.
denied them. The way was now opened for a prosecution ; and
the attorney general Joseph Rayn, by the governor's order,
Feb''5' exhibited an information at the next court of sessions, before
Walter Barefoote, judge, Nathaniel Fryer and Henry Greene, as
sistants, Peter Coffin, Thomas Edgerly and Henry Robie, justices,
setting forth, " that Joshua Moodey, clerk, being minister of the
" town of Portsmouth, within the dominions of King Charles, was
" by the duty of his place and the laws of the realm, viz. the
" statutes of the fifth and sixth of Edward VI, the first of Eliza-
" beth, and the thirteenth and fourteenth of Charles II, required
" to administer the Lord's supper in such form as was set forth
" in the book of common prayer, and no other. But that the
" said Moodey, in contempt of the laws, had wilfully and obstin-
" ately refused to administer the same to the honorable Edward
" Cranfield, Robert Mason, and John Hinckes, and did obstinate-
" ly use some other form."1 Moodey in his defence pleaded that
he was not episcopally ordained as the statutes required ; nor did
he receive his maintenance according to them ; and therefore
was not obliged to the performance of what had been command
ed ; that the alleged statutes were not intended for these planta
tions, the known and avowed end of their settlement being the
enjoyment of freedom from the imposition of those laws ; which
freedom was allowed and confirmed by the king, in the liberty of
conscience granted to all protestants, in the governor's commis
sion.2 Four of the justices, viz. Greene, Robie, Edgerly and
Fryer were at first for acquitting him ; but the matter being ad
journed till the next day, Cranfield found means before morning
to gain Robie and Greene, who then joined with Barefoote and
Coffin, in sentencing him to six months imprisonment, without
bail or mainprize.3 The other two persisted in their former opin
ion, and were soon after removed from all their offices.* Moodey
,(1) MSS. in files. (2) Portsmouth Chh. Records. (3) Vaughan's Journal.
* [In the Records of the Quarter Sessions, in the hand writing of Richard
Chamberlain, clerk of the court, I have found the substance of the debate of
the court, which was in private, on the case of Mr. Moodey. " It was deba
ted among the Justices; and Henry Roby, Justice, did declare his opinion,
that he was very clear that the statutes are clear against the said Mr. Moodey,
if the commission that gives liberty of conscience doth not take away the"
force thereof.
"Just. Edgerly — that since his Majesty has been pleased to grant liberty of
conscience to all Protestants here, the said Moodey is not liable to the penalty
of the statutes for refusing to administer the sacraments according to the' form
thereof. " Henry Green, Justice, was of opinion, that the said Moodey is guilty of
the breach of the laws, if the clause in the king's commission giving liberty
of conscience doth not excuse him.
"Nath. Frier, Justice, did affirm his opinion to be, that whereas his gracious
Majesty hath been pleased to grant liberty of conscience to all Protestants in
his royal commission, Mr. Moodey being a Protestant is not liable to the pen
alty of the acts of Parliament of the first of Queen Elizabeth, and the 13th
and 14th of K. Charles the Second,

1684.]

PROVINCE. EDWARD CRANFIELD. 1Q7

was immediately ordered into custody, without being permitted
first to' see his family ; and he remained under confinement, in
company with Major Vaughan, at the house of Captain Stileman,
with liberty of the yard, for thirteen weeks ; " his benefice" be
ing declared forfeited to the crown. The next week after Moo
dy's trial, the governor in a profane bravado sent word to Seaborn
Cotton, minister of Hampton, that '•' when he had prepared his
" soul, he would come and demand the sacrament of him as he
" had done at Portsmouth."1 Upon which Cotton withdrew to
Boston.* The minister of Dover, John Pike, was (as far as I
can find) unmolested. f Exeter had then no settled minister.
(1) Vaughan's Journal.
"Peter Coffin, Justice , did hold that the said Joshua Moodey is guilty of the
breach of the said statutes.
"Walter Barefoot, Esquire, was of opinion that the said Joshua Moodey had
broken the said laws, and i3 liable to the penalty thereof."]
* [Rev. Seaborn Cotton was son of Rev. John Cotton, minister of the First
Church in Boston, and was born on the Atlantic ocean, while his parents were
on their voyage to New-England. He was baptized at Boston on the 6 of
September, 1633, being the second day after the arrival there of his father.
He graduated at Harvard college in 1651, in the catalogue of which his name
is entered Marigena. He succeeded Rev. John Wheelwright as the minister
of Hampton in 1660, and sustained the pastoral office until his death, 19 April,
1686, in the 53d year of his age. There is scarcely any thing found in con
temporary historians respecting his talents and character. Mather, indeed,
in the biography of his father, speaks of him as being " a thorough scholar;
and an able preacher," and as condemning the errors of his name-sake Pela-
gius, a celebrated heresiarch of the fifth century, whose real name was
Morgan. Mr. Cotton was twice married. His first wife was a daughter of Gov. Brad-
street, named Dorothy, whose mother was the lady so highly esteemed for
her poetical powers. His second wife was the widow of Dr. Anthony Crosby,
of Rowley. Besides a number of daughters, who married reputably, Mr.
Cotton had two sons. John and Roland. John was born 8 May, 1658, and
graduated at Harvard college in 1678, in the same class with his cousin, the
celebrated Cotton Mather, and with him, was admitted a member of the sec
ond church in Boston, then under the caie of Rev. Increase Mather, on the 31
August, 1679. He probably resided some time in Boston, as his name occurs
several times after this period in early records. He was ordained at Hampton
as the successor to his father in 1696, and died 27 March, 1710, aged 52, hav
ing had one son and two daughters. Roland, the second son of Rev. Seaborn
Cotton, graduated at Harvard college in 1696 ; went to England, and was a
physician in the Isle of Wright.]
t [John Pike was the successor of the second John Rayner. He was son
of Hon. Robert Pike, many years one of the assistants of the colony of Massa
chusetts, who died 12 December, 1706, at the age of 91. He was born at
Salisbury, 15 May, 1653, and receivedhis education at Harvard college, where
he graduated in 1675, in the class of which year, his name is placed at the head.
He was ordained the 31 August, 1681, and remained at Dover until the deso
lation occasioned by the Indians in June, 1689, when he removed to Ports
mouth. The next year he went to Hampton, and from thence to Newbury in
1691. He returned to Portsmouth, 6 October, 1692, and entered upon their
Majesties service for Pemaquid fort, for which place he sailed on the 17 of the
same month, and arrived there on the 26th. He returned to Portsmouth, 13
July, 1695, and removed with his family to Dover, 11 November, 1698, where
having remained nearly four years, he removed to his native town, 21 Octo
ber, 1702, but again returned to Dover after a year or two, and there closed
his days, 10 March, 1710, in the 57th year of his age. (MS. letter of Mr.

JOS HISTORY OF NEW-HAMPSHIRE. [1684.
During Moodey's imprisonment, Cranfield would neither suffer
him to go up to the town to preach, nor the people to assemble
at the island to hear, nor the neighboring ministers to supply his
place ; only the family where he was confined were permitted to
be present with him at sabbath exercises. But whilst the gov
ernor was absent on a tour to New- York, Mason gave leave for
opening the meeting-house twice, when they obtained a minister
to officiate ; he also allowed both Moodey and Vaughan to make
a short visit to their families.1. At length, by the interposition of
friends, Moodey obtained a release, though under a strict charge
to preach no more within the province, on penalty of farther im
prisonment. He then accepted an invitation from the first church
in Boston ; where, being out of the reach of his persecutors, he
was employed as a preacher, and was so highly esteemed, that
upon the death of President Rogers, he was invited to take the
oversight of the college,2 which he modestly declined, and con
tinued his ministrations at Boston, frequently visiting his destitute
church at Portsmouth, at their private meetings, till 1692; when,
the government being in other hands, and the eastern country un
der trouble by the Indians, at the earnest request of his people,
and by the advice of an ecclesiastical council he returned to his
charge at Portsmouth, and spent the rest of his days there in use
fulness, love and peace.* 3
Upon a calm review of this prosecution, one can hardly tell
which is most detestable, the vindictive temper which gave it birth ;
or, the profaneness and hypocrisy with which it was conducted.
The pretended zeal of the prosecutors was totally inconsistant
with a due regard to those laws, and the principles of that church,
for which they made themselves such contemptible champions.
For it had been long before this time, a received opinion in the
church of England, that the validity of all the sacramental ad
ministrations depends on authority derived from the apostles, by
episcopal ordination, in an uninterrupted succession ; and one of
the statutes on which the prosecution was grounded enacts, ' that
' no person shall presume to consecrate and administer the Lord's
(1) Vaughan's Journal. (2) Harvard College Records. (3) Original MSS.
Joshua Coffin, 23 April, 1830.) Rev. Jabez Fitch, in his MSS. speaks of Mr.
Pike as " a person of great humility, meekness and patience, much mortified
to the world, and without gall or guile." Dr. Belknap, in the church records
of Dover, p. 16, says that Mr. Pike " was esteemed as an extraordinary preach
er, and a man of true godliness. He was a grave and venerable person, and
generally preached without notes. Those who were well acquainted with
him have given him the character of a very considerable divine." Mather,
in the Magnalia, ii. 511, says he " was much beholden to him" for communi
cating many passages which occur in his history. Some of his manuscript
sermons were extant when Dr. Belknap wrote. Mr. Pike married in 1681,
Sarah, the second daughter of Rev. Joshua Moodey, of Portsmouth.]
* He died at Boston, being there on a visit, July 4, 1697, aged 65. Dr. Cot
ton Mather preached his funeral sermon from Acts vi. 15. " They saw his
face as it had been the face of an angel." Magnalia, lib. 4, cap. 7.

1684.] PROVINCE. EDWARD CRANFIELD, log
' supper, before he be ordained a priest by episcopal ordination,
' on pain of forfeiting for every offence one hundred pounds.'1 The
ministers then in the province, being destitute of the grand pre
requisite, were incapable by the act, of doing what was so per
emptorily required of them ; and had they complied with the
governor's orderj must have exposed themselves to the penalty,
if he had pleased to exact it from them. But the extending these
penalties to the king's American subjects, who had fled hither
from the rod of prelatic tyranny, was a most unwarrantable stretch
of power ; since the last of these acts, and the only one which
had been made since the settlement of the colonies, was express
ly restricted in its operation, to " the realm of England, dominion
" of Wales, and town of Berwick upon Tweed."
Disappointed in all his schemes for raising money by an assem
bly, Cranfield next ventured on the project of taxing the people
without their consent. The pretext for this was a clause in the
commission, empowering him, with the council, " to continue such
" taxes as had been formerly levied, until a general assembly
" could be called." This had been done, without offence, at the
beginning both of this and the former administration, when the
change of government rendered it necessary. But the council,
though too much devoted to him, were not easily persuaded into
the measure at this time ; till fear at length accomplished what
reason could not approve : for, letters being received from the
eastward, informing of the discovery of a plot among the Indians,
who were instigated by Castine, the Frenchmen, to renew the war
early in the spring, the council were summoned in haste, F b 14
and presently agreed to the governor's proposal, for con
tinuing such taxes as had been formerly laid, which he told them
was necessary for the immediate defence and security of the prov
ince. This affair, however, was kept secret for the present ; and
the people were first to be convinced of the governor's paternal
care and kindness in taking the necessary precautions for their
safety. It was ordered that the meeting-houses in each
town should be fortified, and by-garrisons were establish
ed in convenient places : supplies of ammunition were ordered to
be provided ; circular letters were dispatched to the governors of
the neighboring colonies, informing them of the danger ; and, to
crown the whole, Cranfield himself, at the request of the council,
undertook a tour to New- York to solicit the governor, Dongan,
for a number of the Mohawks to come down and destroy the
eastern Indians ; promising to pay them for their services out of
the money which was thus to be raised.2
At his return from this excursion, he found himself under some
embarrassment in his favorite views, from a letter of the lords of
trade, which directed him to make use of an assembly, in raising
(1) Stat. 13 and 14, Char. II. (2) Council Records. Vaughan's Journal.

110 HISTORY OF NEW-HAMPSHIRE. [1684.
money on the people. He could not, therefore, avoid calling
M one, though he immediately dissolved it, because several
ay ' of the members were those whom he had formerly order
ed to be made constables. At the same time, in his letters to the
secretary of state, he represented the assembly as persons of such
a mutinous and rebellious disposition, that it was not safe to let
them convene ; that they had never given any thing toward the
support of government ; that he was obliged to raise money with
out them ; and that it was impossible for him to serve his majes
ty's interest without a ship of war to enforce his orders ; and final
ly, he desired leave to go to the West-Indies for the recovery of
his health. When this business was despatched, warrants were
issued for collecting the taxes ; which caused fresh murmurings
and discontent among the people.
But however disaffected to the governor and his creatures, they
were always ready to testify their obedience to the royal orders ;
an instance of which occurred at this time. The seas of Ameri
ca and the West-Indies being much infested with pirates, the king
sent orders to all the governors and colony assemblies, directing
acts to made for the suppressing of piracy and robbery on the
J 22 ^'SH seas* Cranfield, having received this order, summon
ed an assembly ; and though it consisted almost entirely
of the same persons who were in the last ; he suffered them to
pass the act, and then quietly dissolved them :l this was the last
assembly that ever he called.
The tax-bills were first put into the hands of the newly made
constables ; who soon returned them, informing the governor that
the people were so averse to the method, that it was impossible to
collect the money. The provost, Thomas Thurton, was then
commanded to do it, with the assistance of his deputies and the
constables. The people still refusing compliance, their cattle and
goods were taken by distraint and sold by auction* Those who
would neither pay nor discover their goods to the officers, were
apprehended and imprisoned ; and some of the constables, who
refused to assist, suffered the same fate. The more considerate
of the people were disposed to bear the"se grievances, though
highly irritating, till they could know the result of their applica
tions to the king. But in a country where the love of liberty had
ever been the ruling passion, it could not be expected but that
some forward spirits would break the restraints of prudence, and
take a summary method to put a stop to their oppressions. Sev
eral persons had declared that they would sooner part with their
lives, than suffer distraints ; and associations were formed for mu-
Dec 29 tua' suPPort- At Exeter, the sheriff was resisted and
' driven off with clubs ; the women having prepared hot
spits and scalding water to assist in the opposition, as Thurton testi-
(1) Council Records and files.

1684.] PROVINCE. EDWARD CRANFIELD. m
fied in his deposition on the occasion. At Hampton, he was beaten,
and his sword was taken from him ; then he was seated on a
horse, and conveyed out of the province to Salisbury, with . ^
a rope about his neck and his feet tied under the horse's
belly. Justice Robie attempted to commit some of the rioters ;
but they were rescued by the way, and both the justice and the
sheriff were struck in the execution of their office. The . „
troop of horse, under Mason's command, was then ordered
to turn out completely mounted and armed, to assist in suppress
ing the disorders ; but when the day came, not one trooper ap
peared.1 Cranfield thus finding his efforts ineffectual, and his au
thority contemptible was obliged to desist.
The agent had been a long time in England, waiting for the
depositions, which were to have been transmitted to him, in sup
port of the complaint which he was to exhibit. Cranfield and his
creatures here did all that they could, to retard the business ; first
by imprisoning Vaughanvand then by refusing to summon and
swear witnesses when applied to by others ; who were obliged to
go into the neighboring governments, to get their depositions au
thenticated ; and after all, the proof was defective, as they had
not access to the public records. The agent, however, , .
exhibited his complaint against Cranfield in general terms, u y
consisting of eight articles. ' That he had engrossed the power
' of erecting courts, and establishing fees exclusive of the assem-
' bly : That he had not followed the directions in his commission
' respecting Mason's controversy ; but had caused it to be decided
' on the spot by courts of his own constitution, consisting wholly
' of persons devoted to his interest : That exorbitant charges had
' been exacted and some who were unable to satisfy them had
* been imprisoned : That others had been obliged to submit, for
• want of money to carry on the suits : That he had altered the
' value of silver money : That he had imprisoned sundry persons
' without just cause : That he, with his council, had assumed leg-
' islative authority, without an assembly ; and, That he had done
' his utmost to prevent the people from laying their complaints
* before the king, and procuring the necessary evidence.'2
The complaint was, in course, referred to the board of trade ;
who transmitted copies of it, and of the several proofs, to Jul ^
Cranfield, and summoned him to make his defence ; di
recting him to deliver to the adverse party, copies of all the affi
davits which should be taken in his favor ; to let all persons have
free access to the records ; and to give all needful assistance to
them in collecting their evidence against him.3
When he had received this letter, he suspended Mason's suits,
till the question concerning the legality of the courts should be
decided. He also ordered the secretary to give copies to those
(1) MSS. in files. (2) Weare's MSS. (3) Ibid.

]i2 HISTORY OF NEW-HAMPSHIRE. [1685.
who should apply for them. At the same time, it was complained
that the people, on their part, had been equally reserved, in se
creting the records of the several towns ; so that Mason, upon
inquiry, could not find where they were deposited ; and the town
clerks, when summoned, had solemnly sworn that they knew
neither where the books were concealed, nor who had taken them
out of their possession.1
The necessary evidence on both sides being procured, a new
complaint was drawn up, consisting of twelve articles,
which were, ' That at the first session of the assembly,
Cranfield had challenged the power of legislation and settlement
of the affairs to himself, against the words of the commission :
That he had by purchase or mortgage from Mason, made him
self owner of the province, and so was not likely to act impar
tially between Mason and the inhabitants : That he had made
courts, whereof both judges and jurors had agreed with Mason
for their own lands, and some had taken deeds of him for other
men's lands, so that they were engaged by their interest to set
up Mason's title : That Mason had sued forty persons, and cast
all ; and that the governor's interposal to state the cases, as by
his commission he was directed, had been refused though de
sired ; and that the defendants pleas, grounded on the laws of
England, were rejected : That they could not reconcile the ver
dict with the attachment, nor the execution with the verdict, nor
their practice under color of the execution with either ; that the
verdict found the lands sued for according to the royal commis
sion and instructions, and that commission only gave power to
state the case, if Mason and the people could not agree ; but
the execution took land and all : That the charge of every ac
tion was about six pounds, though nothing was done in court,
but reading the commission and some blank grants without hand
or seal ; and these were not read for one case in ten : That
court charges were exacted in money, which many had not ;
who though they tendered cattle, were committed to prison for
non-payment : That ministers, contrary to his majesty's com
mission, which granted liberty of conscience to all protestants,
had their dues withheld from them, even those that were due
before Cranfield came, and were threatened with six month's
imprisonment for not administering the sacrament according to
the liturgy ; that though the general assembly agreed that Span
ish money should pass by weight, the governor and council or
dered pieces of eight to pass for six shillings, though under
weight : that men were commonly compelled to enter into bonds
of great penalty, to appear and answer to what should be ob
jected against them, when no crime was alleged : that they had
few laws, but those made by the governor and council, when his
(1) MSS. in the files.

1685.] PROVINCE. WALTER BAREFOOTE. H3
* commission directed the general assembly to make laws : that
' the courts were kept in a remote corner of the province ; and
' the sheriff was a stranger and had no visible estate, and so was
' not responsible for failures.'1
Upon this complaint, an hearing was had before the lords of
trade on Tuesday the tenth of March ; and their lordships report
ed to the king, on three articles only of the complaint, viz. 'That
' Cranfield had not pursued his instructions with regard to Mason's
* controversy ; but instead thereof, had caused courts to be held
' and titles to be decided, with exorbitant costs ; and that he
' had exceeded his power in regulating the value of coins.' This
report was accepted, and the king's pleasure therein was signified
to him. At the same time, his request for absence being granted,
he, on receipt of the letters, privately embarked on board a vessel
for Jamaica; and from thence went to England, where he obtain
ed the collectorship of Barbadoes.2 * At his departure, Bare
foote, the deputy-governor, took the chair ; which he held till he
was superseded by Dudley's commission, as president of New-
England. Cranfield's ill conduct must be ascribed in a great measure to
his disappointment of the gains which he expected to acquire, by
the establishment of Mason's title ; which could be his only in
ducement to accept of the government. This disappointment in
flaming his temper, naturally vindictive and imperious, urged him to
actions not only illegal, but cruel and unmanly. A ruler never de
grades his character more than when he perverts public justice to
gratify personal resentment ; he should punish none but the ene
mies of the laws, and disturbers of the peace of the community
over which he presides. Had there been the least color, either of
zeal or policy, for the severity exercised in the prosecution of
Moodey, candor would oblige us to make some allowance for
human frailty. His ordering the members of the assembly to be
made constables, was a mode of revenge disgraceful to the char
acter of the supreme magistrate.3 From the same base disposition,
he is said to have employed spies and pimps, to find matter of
accusation against people in their clubs, and private discourse.
(1) Weare 's MSS. (2) Neal's Hist, and Fitch's MS. ^3) Neal, vol. 2, p. 39.
* [The following note, from the Appendix of the second volume of the first
edition of this history, may be here introduced. " Since writing the first vol
ume, I have met with a gentleman of Jamaica, who is a great grandson of
Lieut. Governor Cranfield. From him, I learned that Mr. Cranfield was of
the family of Lord Monteagle, who was instrumental of discovering the pop
ish plot in the reign of James I. That after his departure from New-Hamp
shire, and whilst he resided at Barbadoes, he suggested the expediency of the
4 and an half per cent, duty on sugars to the British government which waa
f ranted by the Assemblies of the islands, and has ever since been continued.
'hat in the reign of King William III., he procured a ship of war, at his own
expense, and presented it to the crown. That he died about the beginning of
the present century, [the eighteenth] and was buried in the Cathedral Church, .
at Bath, in England."] )17

J 14 HISTORY OF NEW-HAMPSHIRE. [1685.
And his deceit was equal to his malice ; for, being at Boston
when the charter of that colony was called in question, and the
people were solicitous to ward off the danger ; he advised them
to make a private offer of two thousand guineas to the king,
promising to represent them in a favorable light ; but when they,
not suspecting his intention, followed his advice, and shewed him
the letter which they had wrote to their agents for that purpose,
he treacherously represented them as " disloyal rogues ;" and
made them appear so ridiculous that their agents were ashamed
to be seen at court.1 However, when he had quitted the country,
and had time for reflection, he grew ashamed of his misconduct,
and whilst he was collector at Barbadoes, made a point of treat
ing the masters of vessels, and others persons who went thither
from Pascataqua, with particular respect.2
Although the decision of titles in Cranfield's courts had been
represented, in the report of the lords, as extrajudicial, and a
royal order had been thereupon issued to suspend any farther
proceedings in the case of Mason, till the matter should be brought
before the king in council, pursuant to the directions in the com
mission ; yet Barefoote suffered executions, which had before
been issued, to be extended, and persons to be imprisoned at
Mason's suit. This occasioned a fresh complaint and petition to
the king, which was sent by Weare, who, about this time, made
a second voyage to England, as agent for the province and attor
ney to Vaughan, to manage an appeal from several verdicts,
judgments, decrees and fines which had been given against him
in the courts here, one of which was on the title to his estate. '
An attempt being made to levy one of the executions in Dover, a
number of persons forcibly resisted the officer, and obliged him to
relinquish his design.4 Warrants were then issued against the ri
oters, and the sheriff with his attendants attempted to seize them,
whilst the people were assembled for divine service. This caused
an uproar in the congregation, in which a young heroine distin
guished herself by knocking down one of the officers with her
bible. They were all so roughly handled that they were glad to
escape with iheir lives.
That nothing might be wanting to show the enmity of the peo
ple to these measures, and their hatred and contempt for the au
thors of them ; there are still preserved the original depositions on
oath, of Barefoote and Mason, relating to an assault made on their
persons by Thomas Wiggin and Anthony Nutter, who had been
_. .. members of the assembly.5 These two men came to Bare-
' foote's house, where Mason lodged, and entered into dis
course with him about his proceedings ; denying his claim, and
using such language as provoked him to take hold of Wiggin, with
(1) Hutch, vol. i. p. 337. (2) Fitch's MS. (3) Weare 's MSS. (4) MSS.
in files. (5) Ibid.

1685.] PROVINCE. WALTER BAREFOOTE. J 15
an intention to thrust him out at the door. But Wiggin being a
stronger man seized him by his cravat, and threw him into the fire ;
where his clothes and one of his legs were burned. Barefoote,
attempting to help him, met with the same fate, and had two of
his ribs broken and one of his teeth beaten out in the struggle.
The noise alarmed the servants, who at Mason's command brought
his sword, vvhich Nutter took away, making sport of their misery.*
Nothing else occurred during Barefoote's short administration,
except a treaty of friendship, between the Indians of Penacook
and Saco, on the one part, and the people of New-Hampshire and
Maine, on the other. The foundation of this treaty seems to have
been laid in Cranfield's project of bringing down the Mohawks on
the eastern Indians ; which had once before proved a pernicious
measure ; as they made no distinctipn between those tribes which
were at peace with the English, and those which were at war.
Some of the Penacook Indians who had been at Albany after
Cranfield's journey to New- York, reported on their return, that
the Mohawks threatened destruction to all the eastern Indians,
from Narraganset to Pegypscot. Hagkins, a chief of the tribe,
had informed Cranfield in the spring of the danger he apprehend
ed, and had implored assistance and protection, but had been
treated with neglect. In August, the Penacook and Saco Indians
gathered their corn, and removed their families ; which gave an
alarm to their English neighbors, as if they were preparing for
war. Messengers being sent to demand the reason of their
movement, were informed that it was the fear of the Mohawks,
whom they daily expected to destroy them ; and being asked
why they did not come in among the English for protection, they
answered lest the Mohawks should hurt the English on their ac
count. Upon this, they were persuaded to enter into an agree
ment ; and accordingly their chiefs being assembled with g „
the council of New-Hampshire, and a deputation from the
province of Maine, a treaty was concluded, wherein it was stipu
lated, that all future personal injuries on either side, should, upon
* A farther specimen of the contempt in which these men were held, even
by the lower class of people, expressed in their own genuine language, may
be seen in the following affidavit :
" Mary Rann, aged thirty years or thereabout, witnesseth, that the 21 day
of March, '84. being in company with Seabank Hog,t I heard her say ; it was
very hard for the governor of this province to strike Sam. Seavy before he
spoke ; the said Hog said also that it was well the said Seavy's mother was
not there for the governor, for if she had, there had been bloody work for
him. 1 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 honor ? if
they did, she would pull off her head clothes and come in her hair to them,
like a parcel of pitiful beggarly curs as they were ; come to undo us both body
and soul ; they could not be contented to take our estates from us, but they
have taken away the gospel also, which the devil would have them for it."
" Sworn in the court of pleas held at Great Island the 7 of Nov. 1684.
R. Chamberlain, Prothon."
t [This name is Hodg in the records of the Quarter Sessions.]

116 HISTORY OF NEW-HAMPSHIRE. [1686.
complaint, be immediately redressed ; that information should be
given of approaching danger from enemies; that the Indians
should not remove their families from the neighborhood of the
English without giving timely notice, and if they did, that it should
be taken for a declaration of war ; and, that whilst these articles
were observed, the English would assist and protect them against
the Mohawks, and all other enemies.1 The danger was but im
aginary, and the peace continued about four years.
Though Mason was hitherto disappointed in his views of re
covering the inhabited part of the province, he endeavored to lay
a foundation for realizing his claim to the waste lands. A pur
chase having been made from the Indians, by Jonathan Tyng and
nineteen others.* of a tract of land on both sides the river Merri
mack, six miles in breadth, from Souhegan river to Winnipiseogee
lake ; Mason by deed confirmed the same, reserving to himself
, . and his heirs the yearly rent of ten shillings. This was
' called the million acre purchase.2 About the same time,
he farmed out to Hezekiah Usher and his heirs, the mines, min-
M erals, and ores within the limits of New-Hampshire, for
" the term of one thousand years ; reserving to himself one
quarter part of the royal ores, and one seventeenth of the baser
sorts,3 and having put his affiirs here in the best order that the
times would admit, he sailed for England, to attend the hearing
of Vaughan's appeal to the king.f
(1) Original MSS. in files. (2) Douglass, vol. i. p. 419. (3) Rec. of Deeds.
* [The other purchasers were Joseph Dudley, Charles Lidget, John Usher,
Edward Randolph, John Hubbard, Robert Thompson, Samuel Shrimpton,
William Stoughton, Richard Warton, Thomas Hinchman, Thaddeus Maccar-
ty, Edward Thompson, John Blackwell, Peter Bulkley, William Blathwayt.
Daniel Cox, and " three other persons to be hereafter named and agreed upon.
Douglass, i. 420.]
f [The town of Dunstable having been granted by Massachusetts, and settled
for a number of years, ordained a minister at the close of the year 1685. The
members who united in forming the church were, Thomas Weld, Jonathan
Tyng, John Blanchard, Cornelius Waldo, Samuel Warner, Obadiah Perry and
Samuel French. Rev. Thomas Weld, the first named, graduated at Harvard
college in 1671 ; was ordained 16 December, 1685, and died 9 June, 1702, in
the 50th year of his age. He was son of Thomas Weld, of Roxbury, and
grandson of Rev. Thomas Weld, one of the first ministers of that town, who
returned to England, and there died. Mr. Weld was succeeded in the min
istry at Dunstable by Rev. Nathaniel Prentice, who graduated at Harvard
college in 1715. He was ordained in 1718, and died 25 February, 1737. Dun
stable suffered much from the Indians, as will appear in the course of this
history. In the time of Philip's war, some of the inhabitants were obliged to
leave their settlements and take up their residence in the older towns, but I
have met with no evidence showing that the town was at any time wholly
abandoned by the inhabitants. The early settlers of Dunstable were those
above named, with Robert Parris, Thomas Cumings, Isaac Cumings, Joseph
Hassell, Christopher Temple, John Goold, Samuel Goold, Christopher Read,
John Sollendme, Thomas Lund, Daniel Waldo, Andrew Cook, and Samuel
Whiting (son of Rev. Samuel Whiting, of Billerica) who was several years
the town clerk, and who died in Billerica, 14 March, 1715, aged 53. On the
settlement of the divisional line between the provinces of New-Hampshir»

1683.] GENERAL GOVERNMENT. J. DUDLEY. in

CHAPTER IX.
The administration of Dudley as President, and Andros as governor of New-
England. Mason's farther attempt. His disappointment and death. Rev
olution. Sale to Allen. His commission for the government.
When an arbitrary government is determined to infringe the
liberty of the people, it is easy to find pretences to support the
most unrighteous claims. King Charles the Second in the latter
part of his reign was making large strides toward despotism. —
Charters, which obstructed his pernicious views, were by a per
version of the law decreed forfeited. The city of London, and
most of the corporations in England, either suffered the execution
of these sentences, or tamely surrendered their franchises to the
all-grasping hand of power. It could not be expected that in
this general wreck of privileges, the colonies of New-England
could escape. The people of Massachusetts had long been view
ed with a jealous eye.1 Though the king had repeatedly assured
them of his protection, and solemnly confirmed their charter priv
ileges ; yet their spirit and principles were so totally dissonant to
the corrupt views of the court, that intriguing men found easy
access to the royal ear, with complaints against them. Of these,
the most inveterate and indefatigable was Randolph, who mads
no less than eight voyages in nine years across the Atlantic, on
this mischievous business.2 They were accused of extending
their jurisdiction beyond the bounds of their patent ; of invading
the prerogative by coining money ; of not allowing appeals to the
king from their courts ; and, of obstructing the execution of tha
navigation and trade laws. By the king's command, agents were
sent over to answer these complaints. They found the prejudice
against the colony so strong, that it was in vain to withstand it ;
and solicited instructions whether to submit to the king's pleasure,
or to let the proceedings against them be issued in form of law.
A solemn consultation being held, at which the clergy assisted, it
was determined " to die by the hands of others rather than by
" their own." Upon notice of this, the agents quitted England J
and Randolph, as the angel of death, soon followed them,
bringing a writ of quo warranto from the king's bench ; J .7"
but the scire facias which issued from the chancery did c er'
not arrive till the time fixed for their appearance was elapsed.
(1) Hutch, col. papers, p. 377. (2) Hutch, vol. i. p. 329.
and Massachusetts, Dunstable was divided into two distinct townships, one in
each province. Dunstable in New-Hampshire, which included the ancient
settlement, and by far the largest portion of territory, was incorporated by
•hartar, 1 April, 1746.]

118 HISTORY OF NEW-HAMPSHIRE. [1686.
This however, was deemed too trivial an error to stop the pro
ceedings ; judgment was entered against them, and the charter
declared forfeited.
The king died before a new form of government was settled ;
but there could be no hope of favor from his successor,
1 685. wno inherited the arbitrary principles of his brother, and
Feb' 6' was publicly known to be a bigoted papist.
The intended alteration in the government was introduced in
the same gradual manner as it had been in New-Hampshire. A
commission was issued, in which Joseph Dudley, esquire, was ap
pointed president of his majesty's territory and dominion of New-
England ; William Stoughton, deputy president ; Simon Brad-
street, Robert Mison, John Fitz Winthrop, John Pynchon, Peter
Bulkley, Edward Randolph, Wait Winthrop, Richard Warton,
John Usher, Nathaniel Saltonstall, Bartholomew Gedney, Jona
than Tyng, Dudley Bradstreet, John Hinckes,* and Edward
Tyng, counsellors. Their jurisdiction extended over Massachu
setts, New-Hampshire, Maine and the Narraganset, or King's
province. These gentlemen were mostly natives of the country,
some of them had been magistrates, and one of them, governor '¦
under the charter. No house of deputies was mentioned in the
commission. •
The new form of government took place on the twenty-fifth
. fifif. day of May ; and on the tenth of June, an order of coun
cil was issued for settling the county courts, which con
sisted of such members of the council as resided in each county,
and any others of them who might be present ; with such justices
as were commissioned for the purpose.* These courts had the
power of trying and issuing all civil causes, and all criminal mat
ters under life or limb ; from them an appeal was allowed to a su
perior court, held three times in the year, at Boston, for the whole
territory ; and from thence, appeals, in certain cases, might be had
to the king in council. Juries were pricked by the marshal and
one justice of each county, in a list given them by the selectmen
of the towns. A probate court was held at Boston, by the presi
dent, and " in the other provinces and remote counties" by a judge
and clerk, appointed by the president. The territory was divided
into four counties, viz. Suffolk; Middlesex, Essex and Hampshire ;
and three provinces, viz. New-Hampshire, Maine, and King's
province. By another order of the same date, town-taxes could
not be assessed, but by allowance of two justices ; and the mem
bers of the council were exempted from paying any part thereof.1
Things were conducted with tolerable decency, and the innova-
(1) Printed orders in the files.
* [Hinckes was the only one of these counsellors who belonged to New-
Hampshire. He had been appointed one of the provincial counsellors in
1683, and afterwards, in 1687, was one of Sir Edmund Andros's council.]

1686.] GENERAL GOVERNMENT. E. ANDROS. ng
tions were rendered as little grievious as possible; that the people
might be induced more readily to submit to the long meditated
introduction of a governor-general.
In December following, Sir Edmund Andros who had been
governor of New- York, arrived at Boston with a commis
sion, appointing him captain-general and governor in chief e°' '
of the territory and dominion of New-England, in which the col
ony of Plymouth was now included.* By this commission, the
governor with his council, five of whom were a quorum, were em
powered to make such laws, impose such taxes, and apply them
to such purposes as they should think proper. They were also
empowered to grant lands on such terms, and subject to such
quit-rents, as should be appointed by the king.1 Invested with
such powers, these men were capable of the most extravagant
actions. Though Andros, like his master, began his administra
tion with the fairest professions, yet, like him, he soon violated
them, and proved himself a fit instrument for accomplishing the
most execrable designs. Those of his council who were back
ward in aiding his rapacious intentions were neglected. Seven
being sufficient for a full board, he selected such only as were de
voted to him, and, with their concurrence, did what he pleased.
Randolph and Mason were at first among his confidants ; but af
terward when New-York was annexed to his government, the
members from that quarter were most in his favor.2
To particularize the many instances of tyranny and oppression
which the country suffered from these men, is not within the de
sign of this work. Let it suffice to observe, that the ir.fi-
press was restrained ; liberty of conscience infringed ; ex
orbitant fees and taxes demanded, without the voice or consent of
the people, who had no privilege of representation. The charter
being vacated, it was pretended that all titles to land were annul
led ; and as to Indian deeds, Andros declared them no better than
" the scratch of a bear's paw."3 Landholders were obliged to
take out patents for their estates which they had possessed forty
or fifty years : for these patents, extravagant fees were exacted,
and those, who would not submit to this imposition, had writs of
intrusion brought against them, and their land was patented to oth
ers. To hinder the people from consulting about the redress of
their grievances, town-meetings were prohibited, except one in
the month of May, for the choice of town officers ; and to pre
vent complaints being carried to England, no person was pejrnit-
ted to go out of the country without express leave from the gov-
(1) MS. Copy of the Commission. (2) Hutch, vol. i. p. 344. Coll. papers,
p. 564. (3) Revolution in New-England justified, p. 21.
* [" There was a great new seal appointed for New-England under the ad-
ministration of Andros, which was honored with a remarkable motto : JVuji-
gvam libertas gratior extol." Chalmers, 463.]

¦20 HISTORY OF NEW-HAMPSHIRE. [1687.
ernor. But notwithstanding all the vigilance of the governor, his
emissaries and his guards, the resolute and indefatigable Increase
Mather, minister of the second church in Boston, and president
of the college, got on board a ship and sailed for England, with
complaints in the name of the people against the governor, which
he delivered with his own hand to the king ; but finding no hope
of redress, he waited the event of the revolution which was tiien
expected.1 When the people groaned under so many real grievances, it is
no wonder that their fears and jealousies suggested some that were
imaginary. They believed Andros to be a papist ; that
he had hired the Indians, and supplied them with ammu
nition to destroy their frontier settlements ; and that he was pre
paring to betray the country into the hands of the French.*2 At
the same time, the large strides that King James the Second was
making toward the establishment of popery and despotism, raised
the most terrible apprehensions ; so that the report of the landing
of the Prince of Orange in England was received here with the
greatest joy. Andros was so alarmed at the news, that he im
prisoned the manf who brought a copy of the prince's declaration,
and published a proclamation commanding all persons to be in
readiness to oppose " any invasion from Holland," which met
with as much disregard as one he had issued before, appointing
a day of thanksgiving for the birth of a Prince of Wales.
The people had now borne these innovations and impositions
for about three years : Their patience was worn out, and their
.-„_ native love of freedom kindled at the prospect of deliver-
' ance. The news of a complete revolution in England had
not reached them ; yet so sanguine were their expectations, so
eager were they to prove that they were animated by the same
spirit with their brethren at home, that upon the rumor of an in
tended massacre in the town of Boston by the governor's guardsf
diey were wrought up to a degree of fury. On the morning of
(1) I. Mather's life, p. 107. (2) Revolution justified, p. 29, 40.
* [Justice to Sir Edmund Andros requires it to be stated, in reply to thess
allegations in Revolution in N. E. justified, that he sent a letter to tha Jus
tices of the Court of New-Hampshire, concerning trading with the Indians,
whereupon it was, probably in pursuance of the instructions contained in it,
at a private or special session, holden on the 28 of January, 1688-9, by his
Majesty's Justices, " Ordered that no person within this Province (of New-
Hampshire) presume to trade with, furnish or supply any Indian, or Indians
(particularly those of Pennicook) with any ammunition, instruments of war,
goods, provision, or any thing whatsoever. And whosoever can give any in
formation of any person or persons that have already supplied and furnished
the said Indians with ammunition and instruments of war, they are desired
forthwith to give notice thereof to the next Justice of the Peace, that they
may be secured and proceeded against with all severity." Records of the
Quarter Sessions.]
1 [John Winslow, of Boston, who, although he offered £2000 security, oould
not escape imprisonment.]

1689.J RE-UNION WITH MASSACHUSETTS. 121
the eighteenth of April, the town was in arms, and the country
flocking in to their assistance. The governor, and those who had
fled with him to the fort, were seized and committed to prison.
The gentlemen who had been magistrates under the charter, with
Bradstreet, the late governor, at their head, assumed the name of
a council of safety, and kept up a form of government, in the
exigency of affairs, till orders arrived from England ; when An
dros and his accomplices were sent home as prisoners of state,
to be disposed of according to the king's pleasure.
The people of New-Hampshire had dieir share of sufferings
under this rapacious administration ; and Mason himself did not
escape. Having attended the hearing of Vaughan's appeal to
the king, which was decided in Mason's favor ; the judg- Nov. 6,
ment obtained here, being affirmed ; and having now the 1686-
fairest prospect of realizing his claim, he returned hither in the
spring of 1687, but found his views obstructed in a manner which
he little expected. The government was in the hands of a set
of hungry harpies, who looked with envy on the large share of
territory which Mason claimed, and were for parcelling it out
among themselves".1 The new judges delayed issuing executions
on the judgments which he had formerly recovered, and the at
torney-general, Graham,* would not allow that he had power to
grant lands by leases. This confirmed the people in their opin
ion of the invalidity of his claim, and rendered them (if possible)
more averse to him than ever they had been. At length, how
ever, he obtained from Dudley, the chief justice, a writ of certio
rari, directed to the late judges of New-Hampshire, by which,
his causes were to be removed to the supreme court of July 18,
the whole territory, then held at Boston ;2 but before this I688-
could be done, death put an end to his hopes and relieved the
people for a time of their fears. Being one of Sir Ed- Aug. or
mund's council, and attending him on a journey from New- Sept.
York to Albany ; he died at Esopus, in the fifty-ninth 1688,
year of his age ; leaving two sons, John and Robert, the heirs of
his claim and controversy.3
The revolution at Boston, though extremely pleasing to the
people of New-Hampshire, left them in an unsettled state. They
waited the arrival of orders from England ; but none arriving,
and the people's minds being uneasy, it was proposed by some of
the principal gentlemen, that a convention of deputies from each
of the towns should consider what was best to be done. The
convention-parliament in England was a sufficient precedent to
(1) Hutch, collection of papers, p. 564. (2) MS. in Superior Court files.
(3) Hutch, vol. i. p. 365. Coll. papers, p. 566.
* [James Graham was one of the confidants and advisers of Sir Edmund
Andros, and his attorney-general. See Revolution in N. E. justified 21, 31.
Hutchinson, Hist. Mass. i. 345.]
18

122 HISTORY OF NEW-HAMPSHIRE. [1689.
authorize this proceeding. Deputies were accordingly chosen,*
and instructed to resolve upon some method of government. At
Jan their first meeting, they came to no conclusion ; but after-
1690. ward, they thought it best to return to their ancient union
with Massachusetts.1 A petitionf for this purpose being
presented, they were readily admitted till the king's pleasure should
M t„ be known ; and members were sent to the general court,
' which met there in this and the two following years. J^-
The gentlemen who had formerly been in commission for the
peace, the militia and the civil offices, were by town votes, ap
proved by the general court, restored to their places, and ancient
laws and customs continued to be observed. |j
(1) Mass. Records. Portsmouth, Dover and Exeter Records.
* The members of this convention were, for
Portsmouth. John Tuttle,
Major William Vaughan, John Roberts,
Richard Waldron, Thomas Edgerly,
Nathaniel Fryer, Nicholas Follet.
Robert Elliot, Exeter.
Thomas Cobbet, Robert Wadley,
Capt. John Pickering. William Moore,
Dover. Samuel Leavitt.
Capt. John Woodman, Portsmouth, Dover and Exeter
Capt. John Gerrish, Records
It does not appear from Hampton records whether they joined in this con
vention, or returned immediately to the government of Massachusetts.
[From a letter of Nathaniel Weare of Hampton to Major Robert Pike of
Salisbury, dated 15 March, 1690, printed in the Coll. of the N. H. Hist. Soc.
i. 136, it appears that Hampton was one of the first towns in choosing persons
to meet with commissioners of the other towns, if they should see cause to
appoint any, "to debate and conclude of what was necessary at this time to be
done in relation to some orderly way of government, and to make their return
to the several towns for their approbation or otherwise." Afterwards, when
the inhabitants of Portsmouth had met, and " made choice of some persons,
to meet with the commissioners of the other towns to debate and consider of
what was to be done in order to the settlement of some government till their
Majesties should give order in the matter," the town of Hampton, " after
several meetings and debates," chose six persons as commissioners, with pow
er according to the other towns of Portsmouth, Dover and Exeter. But in
the choice of " meet persons" for the Convention, it seems that a spirit of
jealousy arose among the people of Hampton, who, being " fearful and sus
picious of their neighbor towns ; — that they did not intend to do as was pre
tended, but to bring them under to their disadvantage," passed a vote that
" they would not choose any person according to the direction of the commit
tee met, and so all proved ineffectual."]
t [The original petition, signed by 372 persons, is among the files in the
Secretary^ office of Massachusetts, and a copy of it is in the office of Secre
tary of State of New-Hampshire.]
t [The representatives, during this period, for Portsmouth, were,
1690 Elias Stileman, 1691 Richard Waldron, 1692 Richard Waldron.
John Foster. John Pickering.
Waldron was son of the Major who was killed by the Indians in 1689.]
^ || [The Military and Civil officers as presented to the Governor and Coun
cil, and approved by them and the deputies of Massachusetts, in March, 1690,
were the following. Military Officers.
William Vaughan, Major.

1691.] RE-UNION WITH MASSACHUSETTS. 123
Had the inclination of the people been consulted, they would
gladly have been annexed to that government. This was .*„.
well known to Mather and the other agents, who when so
liciting for a new charter, earnestly requested that New-Hamp
shire might be included in it.1 But it was answered, that the
people had expressed an aversion to it, and desired to be under
a distinct government.2 This could be founded only on the re
ports which had been made by the commissioners in 1665, and
by Randolph in his narrative. The true reason for deny- . __,
ing the request was, that Mason's two heirs had sold their
title to the lands in New-Hampshire to Samuel Allen of London,
merchant, for seven hundred and fifty pounds, the entail having
been previously docked by a fine and recovery in the court of
king's bench ; and Allen was then soliciting a recognition of his
title from the crown, and a commission for the government of the
province.3 When the inhabitants were informed of what was
doing, they again assembled by deputies in convention, and sent
over a petition to the king, praying that they might be annexed to
Massachusetts. The petition was presented to Sir Henry Ash-
urst, and they were amused with some equivocal promises of suc
cess by the earl of Nottingham ; but Allen's importunity coincid
ing with the king's inclination, effectually frustrated their attempt. 4
The claim which Allen had to the lands from Naumkeag to three
miles northward of Merrimack, was noticed in the Massa- 1 6q2
chusetts charter ; and he obtained a commission for the
government of New-Hampshire, in which his son in law, r' 1'
John Usher, then in London, was appointed lieutenant governor,
with power to execute the commission in Allen's absence. The
counsellors named in the governor's instructions, were, John Ush
er, lieutenant governor, John Hinckes, Nathaniel Fryer, Thomas
Graffort, Peter Coffin, Henry Green, Robert Elliot, John Ger-
(1) I. Mather's life, page 136. (2) Hutch, vol. i. p. 412. (3) MS. in Supe
rior Court files. (4) Hutch, vol. 2, p. 6.
Dover. Exeter.
John Gerrish, Captain. William Moore, Captain.
John Tuttle, Lieutenant. Samuel Leavitt, Lieutenant.
William Furber, Ensign. Jonathan Thing, Ensign.
Oyster River. [Durham.] Great-Island. [New-Castle.]
John Woodman, Captain. Nathaniel Fryer, Captain.
James Davis, Lieutenant. Thomas Cobbet, Lieutenant.
Stephen Jones, Ensign. Shadrach Walton, Ensign.
Portsmouth. Hampton.
Walter Neale, Captain. Samuel Sherburne, Captain.
John Pickering, Lieutenant. Edward Gove, Lieutenant.
Tobias Langdon, Ensign. John Moulton, Ensign.
Civil Officers.
Samuel Penhallow, Treasurer. John Pickering, Recorder.
Justices of the Peace.
William Vaughan, Portsmouth. John Gerrish, Dover.
Richard Martyn, do. Robert Wadleigh, Exeter.]
Nathaniel Fryer, do.

124 HISTORY OF NEW-HAMPSHIRE. [1692.
rish, John Walford and John Love. The governor was instruct
ed to send to the secretary of state, the names of six other per
sons suitable for counsellors. Three were a quorum, but the in
structions were, that nothing should be done unless five were
present, except in extraordinary emergencies. Major Vaughan,
Nathaniel Weare and Richard Waldron were afterward added to
the number.1
The council was composed of men, who, in general, had the
confidence of the people ; but Usher was very disagreeable, not
. only as he had an interest in Allen's claim to the lands, but as he
had been one of Sir Edmund Andros's adherents, and an active
instrument in the late oppressive government. He arrived with
the commission, and took upon him the command, on the thirteenth
day of August.2 The people again submitted, with extreme re
luctance, to the unavoidable necessity of being under a govern
ment distinct from Massachusetts.
The year 1692 was remarkable for a great mortality in Ports
mouth and Greenland by the small pox. The infection was
brought in bags of cotton from the West-Indies, and. there being
but few people who were acquainted with it, the patients suffered
greatly, and but few recovered.5

CHAPTER X.
The war with the French and Indians, commonly called King William's war.
It was the misfortune of this country to have enemies of differ
ent kinds to contend with at the same time. Whilst the changes
above related were taking place in their government, a fresh war
broke out on their frontiers, which, though ascribed to divers caus
es, was really kindled by the rashness of the same persons who
were making havoc of their liberties.
The lands from Penobscot to Nova-Scotia had been ceded to
the French, by the treaty of Breda, in exchange for the island of
St. Christopher. On these lands, the Baron de St.Castine had for
many years resided, and carried on a large trade with the Indians,
with whom he was intimately connected ; having several of their
women, besides a daughter of the sachem Madokawando, for his
wives.4 The lands which had been granted by the crown of Eng
land to the duke of York (now King James the Second) interfered
with Castine's plantation, as the duke claimed to the river St.
Croix. A fort had been built by his order at Pemaquid, and a
(1) MS. Copy of Com. &c. Council minutes. (2) Council minutes.—
(3) MS. Letter. (4) Hutch, coll. papers, p. 548.

1688.] REVOLUTION. 125
garrison stationed there to prevent any intrusion on his property.
In 1686, a ship belonging to Pascataqua landed some wines at
Penobscot, supposing it to be within the French territory. Palm
er and West, the duke's agents at Pemaquid, went and seized the
wines ; but by the influence of the French ambassador in Eng
land, an order was obtained for the restoration of them. Here
upon, a new line was run which took Castine's plantation into the
duke's territory. In the spring of 1688, Andros went in the Rose
frigate, and plundered Castine's house and fort ; leaving
only the ornaments of his chapel to console him for the i()8°-
loss of his arms and goods. This base action provoked Castine
to excite the Indians to a new war, pretences for which were not
wanting on their part.1 They complained that the tribute of corn
which had been promised by the treaty of 1678, had been with-
holden ; that the fishery of the river Saco had been obstructed by
seines ; that their standing corn had been devoured by cattle be
longing to the English ; that their lands at Pemaquid had been
Jiatented without their consent ; and that they had been fraudu-
ently dealt with in trade. Some of these complaints were doubt
less well grounded ; but none of them were ever inquired into or
redressed. They began to make reprisals at North- Yarmouth by killing
cattle. Justice Blackman* ordered sixteen of them to be seized
and kept under guard at Falmouth ; but others continued to rob
and captivate the inhabitants. Andros, who pretended to treat
the Indians with mildness, commanded those whom Blackman had
seized to be set at liberty. But this mildness had not the desired
effect ; the Indians kept their prisoners, and murdered some of
them in their barbarous frolics. Andros then changed his meas
ures, and thought to frighten them, with an army of seven hun
dred men, which he led into their country in the month of No
vember. The rigor of the season proved fatal to some of his
men ; but he never saw an Indian in his whole march. The
enemy were quiet during the winter.
After the revolution, the gentlemen who assumed the govern
ment took some precautions to prevent the renewal of hos- - rsQ
tilities. They sent messengers and presents to several
tribes of Indians, who answered them with fair promises ; but
their prejudice against the English was too inveterate to be allay
ed by such means as these.2
Thirteen years had almost elapsed since the seizure of the four
hundred Indians, at Cochecho, by Major Waldron ; during all
(1) Hutch, coll. pap. p. 562. (2) Hutchinson, Neal and Mather.
* [Benjamin Blackman graduated at Harvard College in 1663 ; was some
time a preacher at Maiden, which place he left about 1678, and went to Saco.
Mather, ii. Magnalia, 508. Hutchinson, i. Hist. Mass. 326. Folsom, MS,
Hist. Saco.]

126 HISTORY OF NEW-HAMPSHIRE. [1689.
which time, an inextinguishable thirst of revenge had been cher
ished among them, which never till now found opportunity for
gratification.* Wonolanset, one of the sachems of Penacook,
who was dismissed with his people at the time of the seizure, al
ways observed, his father's dying charge not to quarrel with the
English ; but Hagkins, another sachem, who had been treated
with neglect by Cranfield, was more ready to listen to the seduc
ing invitations of Castine's emissaries. Some of those Indians,
who were then seized and sold into slavery abroad, had found
their way home, and could not rest till they had revenge.f Accor
dingly, a confederacy being formed between the tribes of Penacook
and Pequawket, and the strange Indians (as they were called) who
were incorporated with them, it was determined to surprise the
major and his neighbors, among whom they had all this time been
peaceably conversant.
In that part of the town of Dover, which lies about the first
falls in the river Cochecho, were five garrisoned houses ; three on
the north side, viz. Waldron's, Otis's and Heard's ; and two on the
south side, viz. Peter Coffin's and his son's. These houses were
surrounded with timber-walls, the gates of which, as well as the
house doors, were secured with bolts and bars. The neighboring
families retired to these houses by night ; but by an unaccounta
ble negligence, no watch was kept. The Indians, who were daily
passing through the town, visiting and trading with the inhabitants,
as usual in time of peace, viewed their situation with an attentive
eye. Some hints of a mischievous design had been given out by
their squaws ; but in such dark and ambiguous terms, that no one
could comprehend their meaning. Some of the people were un
easy ; but Waldron, who, from a long course of experience, was
intimately acquainted with the Indians, and on other occasions had
been ready enough to suspect them, was now so thoroughly secure,
* The inveteracy of their hatred to Major Waldron, on account of that
transpstion, appears from what is related by Mr. Williams in the narrative of
his captivity, which happened in 1704. When he was in Canada, a Jesuit
discoursing with him on the causes of their wars with New-England, " justi-
" fied the Indians in what they did against us ; rehearsing some things done
" by Major Waldron above 30 years ago, and how justly God retaliated
" them." Page 18.
t [In the corrected copy of the author, the following note is inserted. "A
vessel carried away a great number of our surprised Indians in the time of
our Wars, to sell them for slaves, but the nations whither they went would not
buy them. Finally, they were left at Tangier, where they be, so many as
live, or are born there. An Englishman, a Mason, came thence to Boston.
He told me they desire that I would use some means for their return home.
I know not what to do in it, but now it is in my heart to move your honour,
so to mediate, that they may have leave to get home, either from thence hith
er, or from thence to England, and so to get home. If the Lord shall please
to move your charitable heart therein, I shall be obliged in great thankfulness,
and am persuaded that Christ will at the great day reckon it among your
deeds of charity done to them for his name's sake." Letter from Rev. John
Eliot, of Roxbury to Hon. Robert Boyle, Nov. 27, 1683, in Birch's Life of
Boyle, p. 440.]

1689.] REVOLUTION. 127
that when some of the people hinted their fears to him, he merri
ly bade them to go and plant their pumpkins, saying that he would
tell them when the Indians would break out. The very evening
before the mischief was done, being told by a young man that
the town was full of Indians and the people were much concern
ed ; he answered that he knew the Indians very well and there
was no danger.
The plan which the Indians had preconcerted was, that two
squaws should go to each of the garrisoned houses in the evenings
and ask leave to lodge by the fire ; that in the night when the
people were asleep, they should open the doors and gates, and
give the signal by a whistle ; upon which, the strange Indians, who
were to be within hearing, should rush in, and take their long
meditated revenge. This plan being ripe for execution, on the
evening of Thursday, the twenty-seventh of June, two squaws
applied to each of the garrisons for lodging, as they frequently
did in time of peace. They were admitted into all but the young
er Coffin's, and the people, at their request, shewed them how to
open the doors, in case they should have occasion to go out in the
night. Mesandowit, one of their chiefs, went to Waldron's gar
rison, and was kindly entertained, as he had often been before.
The squaws told the major, that a number of Indians were com
ing to trade with him the next day, and Mesandowit while at sup
per, with his usual familiarity, said, ' Brother Waldron, what
' would you do if the strange Indians should come ?' The major
carelessly answered, that he could assemble an hundred men, by
lifting up his finger. In this unsuspecting confidence, the family
retired to rest.
When all was quiet, the gates were opened, and the signal was
given. The Indians entered, set a guard at the door, and rushed
into the major's apartment, which was an inner room. Awaken
ed by the noise, he jumped out of bed, and though now advanced
in life to the age of eighty years, he retained so much vigor as to
drive them with his sword, through two or three doors ; but as he
was returning for his other arms, they came behind him, stunned
him with a hatchet, drew him into his hall, and seating him in an
elbow chair, on a long table, insultingly asked him, " Who shall
" judge Indians now ?" They then obliged the people in the
bouse to get them some victuals ; and when they had done eating,
they cut the major across the breast and belly with knives, each
one with a stroke, saying, " I cross out my account." They then
cut off his nose and ears, forcing them into his mouth ; and when
spent with the loss of blood, he was falling down from the table,
one of them held his own sword under him, which put an end to
his misery. They also killed his son in law Abraham Lee :* but

He

[Abraham Lee was a chymist and probably the first in New-Hampshire.
seemed to have made some trial of his skill in 1685, as the records of the

128 HISTORY OF NEW-HAMPSHIRE. [1689.
took his daughter Lee with several others, and having pillaged the
house, left it on fire. Otis's garrison, which was next to the
major's, met with the same fate ; he was killed, with several others,
and his wife and child were captivated. Heard's was saved by the
barking of a dog just as the Indians were entering : Elder Went
worth,! who was awakened by the noise, pushed them out, and
falling on his back, set his feet against the gate and held it till he
had alarmed the people ; two balls were fired through it, but both
missed him. Coffin's house was surprized, but as the Indians had
no particular enmity to him, they spared his life, and the lives of
his family, and contented themselves with pillaging the house. —
Finding a bag of money, they made him throw it by handfuls on
the floor, whilst they amused themselves in scrambling for it.
They then went to the house of his son who would not admit the
squaws in the evening, and summoned him to surrender, promis
ing him quarter. He declined their offer, and determined to de
fend his house, till they brought out his father and threatened to
kill him before his eyes. Filial affection then overcame his reso
lution, and he surrendered. They put both families together into
a deserted house, intending to reserve them for prisoners ; but
whilst the Indians were busy in plundering, they all escaped.
Twenty-three people were killed in this surprisal, and twenty-
nine were captivated ; five or six houses, with the mills, were
burned ; and so expeditious were the Indians in the execution of
their plot, that before the people could be collected from the other,'
parts of the town to oppose them, they fled widi their prisoners
and booty. As they passed by Heard's garrison in their retreat,
they fired upon it ; but the people being prepared and resolved
to defend it, and the enemy being in haste, it was preserved. The
preservation of its owner was more remarkable.
Elizabeth Heard, with her three sons and a daughter, and some
others, were returning in the night from Portsmouth. They pass
ed up the river in their boat unperceived by the Indians, who
were then in possession of the houses ; but suspecting danger by
the noise which they heard, after they had landed they betook
themselves to Waldron's garrison, where they saw lights, which
they imagined were set up for direction to those who might be
Quarter Sessions show that he was indicted for coining that year, but " the
grand jury having found upon the bill of indictment, ignoramus," he was
discharged, " paying the fees." He married Hester Elkins, 21 June, 1686,
and she was probably the daughter of major Waldron named in the text.]
* [The note on Elder Wentworth is transferred from the Appendix to the
first volume of the first edition, to this place. " William Wentworth was one
of the first settlers of Exeter, and after the breaking up of their combination
for government, he removed to Dover, and became a ruling elder in the
church there. In 1689, he was remarkably instrumental of saving Heard's
garrison, as is related in the proper place. After this, he officiated several
years as a preacher at Exeter, and other places, and died at a very advanced
age at Dover, in 1697, leaving a numerous posterity. From him the several
governors of that name are descended. He was a very useful and good man."]

1689.] REVOLUTION. 129
seeking a refuge. They knocked and begged earnestly for ad
mission ; but no answer being given, a young man of the compa
ny climbed up the wall, and saw to his inexpressible surprise, an
Indian standing in the door of the house, with his gun. The wo
man was so overcome with the fright that she was unable to fly ;
but begged her children to shift for themselves ; and they with
heavy hearts, left her. When she had a little recovered, she
crawled into some bushes, and lay there till day-light. She then
Eerceived an Indian coming toward her with a pistol in his hand ;
e looked at her and went away ; returning, he looked at her a-
gain ; and she asked him what he would have ; he made no an
swer, but ran yelling to the house, and she saw him no more. —
She kept her place till the house was burned, and the Indians
were gone ; and then returning home, found her own house safe.
Her preservation in these dangerous circumstances was more re
markable, if (as it is supposed) it was an instance of justice and
gratitude in the Indians. For at the time when the four hun
dred were seized in 1676, a young Indian escaped and took
refuge in her house, where she concealed him ; in return for which
kindness he promised her that he would never kill her, nor any of
her family in any future war, and that he would use his influence
with the other Indians to the same purpose. This Indian was
one of the party who surprised the place, and she was well known
to the most of them.*
The same day, after the mischief was done, a letter from Sec
retary Addington, written by order of the government, directed
to Major Waldron, giving him notice of the intention of the In
dians to surprise him under pretence of trade, fell into the hands
of his son. This design was communicated to Governor Brad
street by Major Hinchman of Chelmsford, who had learned it
of the Indians.f1 The letter was despatched from Boston, the
day before, by Mr. Weare ; but some delay which he met with
at Newbury ferry prevented its arrival in season.
The prisoners taken at this time were mostly carried to Cana
da, and sold to the French ; and these, as far as I can learn,
were the first that ever were carried thither. J The Indians had
(1) Mass. Records. Original Letter.
* [Elizabeth Heard was the widow of John Heard, and, according to Math
er, ii. Magnalia, 512, was the " daughter of Mr. Hull, a reverend minister,
formerly living at Pascataqua." She had five sons, viz. Benjamin, born ia
1644; John, born 1659; Joseph, born 1661; Samuel, born 1663; Tristram,
born 1667, and five daughters. Tristram was killed by the Indians as will be
seen under the year 1723.]
t [The letter of Major Hinchman, dated 22 June, is published in the Coll.
of the N. H. Hist. Soc. i. 222, 223.]
i. One of these prisoners was Sarah Gerrish, a remarkably fine child of sev
en years old, and grand-daughter of Major Waldron, in whose house she
lodged that fatal night. Some circumstances attending her captivity are
truly affecting. When she was awakened by the noise of the Indians in the
19

130 HISTORY OF NEW-HAMPSHIRE- [1689.
been seduced to the French interest by popish emissaries, who
had began to fascinate them with their religious and national prej
udices. They had now learned to call the English heretics, and
that to extirpate them as such was meritorious in the sight of
heaven. When their minds were filled with religious phrensy,
they became more bitter and implacable enemies than before ;
and finding the sale of scalps and prisoners turn to good account
in Canada, they had still farther incitement to continue their dep
redations, and prosecute their vengeance.
The necessity of vigorous measures was now so pressing, that
parties were immediately dispatched, one under Captain Noyesto
Penacook, where they destroyed the corn, but the Indians escap
ed ; another from Pascataqua, under Captain Wincol,* to Winni-
house, she crept into another bed and hid herself under the clothes to escape
their search. She remained in their hands till the next winter, and was sold
from one to another for several times. An Indian girl once pushed her into
a river ; but, catching by the bushes, she escaped drowning, yet durst not
tell how she came to be wet. Once she was so weary with travelling that she
did not awake in the morning till the Indians were gone, and then found her
self alone in the woods, covered with snow, and without any food ; having
found their tracks she went crying after them till they heard her and took her
with them. At another time they kindled a great fire, and the young Indians
told her she was to be roasted. She burst into tears, threw her arms round
her master's neck, and begged him to save her, which he promised to do if she
would behave well. Being arrived in Canada, she was bought by the Inten-
dant's lady, who treated her courteously, and sent her to a nunnery for edu
cation. But when Sir William Phips was at Quebec she was exchanged, and
returned to her friends, with whom she lived till she was sixteen years old.
The wife of Richard Otis was taken at the same time, with an infant
daughter of three months old. The French priests took this childunder their
care, baptised 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 children. But her
desire to see New-England was so strong, that upon an exchange of prison
ers 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 Rom
ish faith. M. Siguenot, her former confessor, wrote her a flattering letter,
warning her of her danger, inviting her to return to the bosom of the catholic
church, and repeating many gross calumnies which had formerly been vented
against Luther and the other reformers. This letter being shown to Govern
or Burnet, he wrote her a sensible and masterly answer, refuting the argu
ments, and detecting the falsehoods it contained : Both these letters were
printed. She was married afterward to Capt. Thomas Baker, who had been
taken at Deerfield in 1704, and lived in Dover, where she was born, till the
year 1773.
Mr. John Emerson, by declining to lodge at Major Waldron's on the fatal
night, though strongly urged, met with an happy escape. He was afterward
a minister at New-Castle and Portsmouth. [The Mr. John Emerson who de
clined to lodge at Major Waldron's on the 27 June, 1689, according to Mather,
ii. Magnalia, 511, was " a worthy minister at Berwick," and could not have
been the future minister at New-Castle and Portsmouth, as he had not at this
time graduated at college. Alden, both in his Collection of Epitaphs, and in
his Account of Religious Societies in Portsmouth, has fallen into the same
error in considering the minister of New-Castle and Portsmouth as the one,
who "met with an happy escape by declining to lodge at Major Waldron's."]
*„* Some of the circumstances relating to the destruction of Cochecho are
taken from Mather's Magnalia. The others from the tradition of the suffer
ers and their descendants.
* [Captain John Wincol belonged to Kittery, which he represented in the
General Court of Massachusetts six years, the last tjme in 1678.]

1689.] REVOLUTION. 131
piseogee, whither the Indians had retired, as John Church, who
had been taken at Cochecho and escaped from them, reported :
one or two Indians were killed there,' and their corn was cut down.
But these excursions proved of small service, as the Indians had
litde to lose, and could find a home wherever they could find
game and fish.
In the month of August, Major Swaine, with seven or eight
companies raised by the Massachusetts government, marched to
the eastward ; and Major Church, with another party, consisting
of English and Indians, from the colony of Plymouth, soon fol
lowed them. Whilst these forces were on their march, the In
dians, who lay in the woods about Oyster river, observed how
many men belonged to Huckin's garrison ; and seeing them all go
out one morning to work, nimbly ran between them and the house,
and killed them all, (being in number eighteen) except one who
had passed the brook. They then attacked the house, in which
were only two boys, (one of whom was lame) with some women
and children. The boys kept them off for some time and wound
ed several of them. At length, the Indians set the house on fire,
and even then the boys would not surrender, till they had promis
ed them to spare their lives. They perfidiously murdered three
or four of the children ; one of them was set on a sharp stake, in
the view of its distressed mother, who, with the other women and
the boys, were carried captive. One of the boys escaped the
next day. Captain Garner with his company pursued the enemy,
but did not come up with them.
The Massachusetts and Plymouth companies proceeded to the
eastward, settled garrisons in convenient places, and had some
skirmishes with the enemy at Casco and Blue Point. On their
return, Major Swaine sent a party of the Indian auxiliaries under
Lieutenant Flagg toward Winnipiseogee, to make discoveries. —
These Indians held a consultation in their own language ; and
having persuaded their lieutenant with two men to return, nineteen
of them tarried out eleven days longer ; in which time, they found
the enemy, staid with them two nights, and informed them of ev
ery thing which they desired to know ; upon which, the enemy
retired to their inaccessible deserts ; the forces returned without
finding them, and in November, were disbanded.1
Nothing was more welcome to the distressed inhabitants of the
frontiers than the approach of winter, as they then expected a
respite from their sufferings. The deep snows and cold weather
were commonly a good security against an attack from the Indians ;
but when resolutely set on mischief, and instigated by popish en
thusiasm, no obstacles could prevent the execution of their pur
poses. The Count de Frontenac, then governor of Canada, was fond
(1) Magnalia, lib. 7, p. 67.

132 HISTORY OF NEW-HAMPSHIRE. [1090.
of distinguishing himself by some enterprises against the Ameri-
fiqn can subjects of King William, with whom his master was
' at war in Europe. For this purpose, he detached three
parties of French and Indians from Canada in the winter, who
were to take three different routes into the English territories. —
One of these parties marched from Montreal and destroyed Sche
nectady, a Dutch village on the Mohawk river, in the province of
New-York. This action which happened at an unusual time of
the year, in the month of February, alarmed the whole country ;
and the eastern settlements were ordered to be on their guard.
On the eighteenth day of March, another party which came from
Trois Rivieres, under the command of the Sieur Hertel, an offi
cer of great repute in Canada, found their way to Salmon-falls, a
settlement on the river which divides New-Hampshire from die
province of Maine. This party consisted of fifty-two men, of
whom twenty-five were Indians under Hoophood, a noted warrior.
They began the attack at day-break, in three different places.
The people were surprised; but flew to arms and defended them
selves in the garrisoned houses, with a bravery which the enemy
themselves applauded. But as in all such onsets the assailants
have the greatest advantage, so they here proved too strong for
the defendants ; about thirty of the bravest were killed, and the
rest surrendered at discretion, to the number of fifty-four, of whom
the greater part were women and children. After plundering,
the enemy burned the houses, mills and barns, with the cattle*
which were within doors, and then retreated into the woods,
whither they were pursued by about one hundred and forty men,
suddenly collected from the neighboring towns, who came up with
them in the afternoon at a narrow bridge on Wooster's river, in
Berwick. Hertel expecting a pursuit, had posted his men ad
vantageously on the opposite bank. The pursuers advanced with
great intrepidity, and a warm engagement ensued, which lasted
till night, when they retired with the loss of four or five killed. —
The enemy by their own account lost two, one of whom was Her-
tel's nephew:1 his son was wounded in the knee. Another
Frenchman was taken prisoner, who was so tenderly treated that
he embraced the protestant faith, and remained in the country. '
Hertel on his way homeward met widi a third party who had
marched from Quebec, and joining his company to them attacked
and destroyed the fort and settlement at Casco, the next May.
Thus the three expeditions planned by Count Frontenac proved
successful ; but the glory of them was much tarnished by acts of
(1) Charlevoix, lib. 7, p. 74., (2) Mather, Magnalia, lib. 7, p. 68.
* Charlevoix says they burned " twenty-seven houses and two thousand
head of cattle in the barns." The number of buildings, including mills,
barns and other out houses, might amount to near twenty ; but the number
of eattle as he gives it, is incredible.

1690.] RE-UNION WITH MASSACHUSETTS. 133
cruelty, which christians should be ashamed to countenance,
though perpetrated by savages.*
After the destruction of Casco, the eastern settlements were all
deserted, and the people retired to the fort at Wells. The In
dians then came up westward, and a party of them under Hoop-
hood, sometime in May, made an assault on Fox Point, in New-
ington, where they burned several houses, killed about fourteen
people, and carried away six. They were pursued by the Cap
tains Floyd and Greenleaf, who came up with them and recover
ed some of the Captives and spoil, after a skirmish in which Hoop-
hood was wounded and lost is gun. J This fellow was soon after
killed by a party of Canada Indians who mistook him for one of
the Iroquois, with whom they were at war. On the fourth day
of July, eight persons 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 garrison at Exeter, which
was relieved by Lieutenant Bancroft, with the loss of a few of
his men. One of them, Simon Stone, received nine wounds with
shot, and two strokes of a hatchet : when his friends came to bu-
(1) Mag. lib. 7, p. 73.
* The following instances of cruelty exercised towards the prisoners taken
at Salmon-falls are mentioned by Dr. [Cotton] Mather. ,
Robert Rogers, a corpulent man, being unable to carry the burden which
the Indians imposed upon him, threw it down in the path and went aside in
the woods to conceal himself. They found him by his track, stripped, beat
and pricked him with their swords ; then tied him to a tree and danced round
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 prolonged his misery ; they drowned 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, in which state it
was found by his friends, and buried.
Mehetabel Goodwin was taken with her child of five months old. When
it cried they threatened to kill it, which made the mother go aside and sit for
hours together in the snow to lull it to sleep ; her master seeing that this
hindered her from travelling, took the child, struck its head against a tree,
and hung it on one of the branches ; she would haVe buried it but he would
not let her, telling her that if she came again that way she might have the
pleasure of seeing it. She was carried to Canada, and after five years return
ed home.
Mary Plaisted was taken out of her bed, having lain in but three weeks.
They made her travel with them through the snow, and " to ease her of her
burden," as they said, struck the child's head against a tree, and threw it in
to a river.
An anecdote of another kind may relieve the reader after these tragical ac
counts. Thomas Toogood was pursued by three Indians and overtaken by
one of them, who having inquired 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 would shoot
him if he alarmed the others who had stopped on the opposite side of the hill.
By this dexterity, he escaped and got safe into Cochecho ; while his adversary
had no recompense in his power but to call after him by the name of No good.
When he returned to his companions without gun or prisoner, their derision
made his misadventure the more grievous.

]34 HISTORY OF NEW-HAMPSHIRE. [1690.
ry him they perceived life in him, and by the application of cor
dials he revived, to the amazement of all.1
Two companies under the Captains Floyd and Wiswall were
now scouting, and on the sixth day of July, discovered an Indian
track, which they pursued till they came up with the enemy at
Wheelwright's Pond, in Lee, where a bloody engagement ensu
ed for some hours ; in which Wiswall, his lieutenant, Flagg, and
sergeant Walker, with twelve more, were killed, and several
wounded. It was not known how many of the enemy fell, as
they always carried off their dead. Floyd maintained the fight
after Wiswall's death, till his men, fatigued and wounded, drew
off ; which obliged him to follow. The enemy retreated at the
same time ; for when Captain Convers went to look after the
wounded, he found seven alive, whom he brought in by sunrise
the next morning, and then returned to bury the dead. The ene
my then went westward, and in the course of one week killed, be
tween Lamprey river and Amesbury, not less than forty people.
The cruelties exercised upon the captives in this war exceed
ed, both in number and degree, any in former times. The most
healthy and vigorous of them were sold in Canada ; the weaker
were sacrificed, and scalped ; and for every scalp they had a
premium. Two instances only are remembered of their releas
ing any without a ransom : one was a woman taken from Fox
Point, who obtained her liberty by procuring them some of the
necessaries of life ;2 the other was at York ; where, after they
had taken many of the people, they restored two aged women
and five children, in return for a generous action of Major Church,
who had spared the lives of as many women and children when
they fell into his hands at Ameriscoggin.3
The people of New-England, now looked on Canada as the
source of their troubles, and formed a design to reduce it to
subjection to the crown of England. The enterprise was bold
and hazardous ; and had their ability been equal to the ardor
of their patriotism, it might probably have been accomplished.
Straining every nerve, they equipped an armament in some de
gree equal to the service. What was wanting in military and na
val discipline was made up in resolution ; and the command was
given to Sir William Phips, an honest man, and a friend to his
country ; but by no means qualified for such an attempt. Una
voidable accidents retarded the expedition, so that the fleet did
not arrive before Quebec till October ; when it was more than
time to return. It being impossible to continue there to any pur
pose ; and the troops growing sickly and discouraged, after some
ineffectual parade, they abandoned the enterprise.*
(1) Mag. lib. 7, p. 74. (2) Ibid. p. 73. (3) MS. Letter.
* [1690. The ship Faulkland of 54 guns, was built at Portsmouth. Ad-
¦ams, Annals of Portsmouth.]

1690.] RE-UNION WITH MASSACHUSETTS. 135
This disappointment was severely felt. The equipment of the
fleet and army required a supply of money which could not readi
ly be collected, and occasioned a paper currency ; which has often
been drawn into precedent on like occasions, and has proved
a fatal source of the most complicated and extensive mischief.
The people were almost dispirited with the prospect of poverty
and ruin. In this melancholy state of the country, it was an hap
py circumstance that the_Indians voluntarily came in with a flag of
truce, and desired a cessation of hostilities. A conference „
being held at Sagadahock, they brought in ten captives, and 0T'
settled a truce till the first day of May, which they observed till
the ninth of June; when they attacked Storer's garri
son at Wells, but were bravely repulsed. About the same lu91,
time, they killed two men at Exeter,1 and on the twenty ninth of
September, a party of them came from the eastward in canoes to
Sandy Beach, (Rye)2 where they killed and captivated twenty-
one persons.* Captain Sherburne of Portsmouth, a worthy offi
cer, was this year killed at Maquoit.3
The next winter, the country being alarmed with die destruc
tion of York, some new regulations were made for the general
defence. Major Elisha Hutchinson was appointed com
mander in chief of the militia ; by whose prudent conduct Jan ^5'
the frontiers were well guarded, and so constant a com
munication was kept up, by ranging parties, from one post to
another, that it became impossible for the enemy to attack in
their usual way, by surprise. The good effect of this regulation
was presently seen. A young man being in the woods near Co
checho, was fired at by some Indians. Lieutenant Wilson imme
diately went out with eighteen men ; and finding the Indians, kil
led or wounded the whole party, excepting one. This struck a
terror, and kept them quiet the remainder of the winter and
spring. But on the tenth day of June, an army of French and
Indians made a furious attack on Storer's garrison at Wells, where
Capt. Convers commanded ; who after a brave and resolute de
fence, was so happy as to drive them off with great loss.
Sir William Phips, being now governor of Massachusetts, con
tinued the same method of defence ; keeping out continual scouts
under brave and experienced officers. This kept the Indians so
quiet that, except one poor family which they took at Oyster riv
er, and some small mischief at Quaboag, there is no mention
(1) Mag. 78. (2) MS. Letter of Morrill to Prince, [Magnalia.] (3) Fitch's
MS.
* [In the same month, a party made a descent on Dunstable, where they
killed Joseph Hassell, sen., his wife Anna, and son Benjamin, Mary Marks,
daughter of Peter Marks, Obadiah Perry, one of the founders of the church
there, and Christopher Temple. Perry and Temple were killed in the morn
ing of the 28 September ; the others were killed in the evening of the 2d. —
MS. Letter of J. B. Hill, Esq.]

13(5 HISTORY OF NEW-HAMPSHIRE. [1693.
of any destruction made by them during the year 1693. Their
animosity against New-England was not quelled ; but they
needed a space to recruit ; some of their principal men
were in captivity, and they could not hope to redeem them with
out a peace. To obtain it, they came into the Fort at Pema
quid ; and there entered into a solemn covenant ; wherein they
acknowledged subjection to the crown of England ; engaged to
abandon the French interest ; promised perpetual peace ; to for
bear private revenge ; to restore all captives ; and even went so
far as to deliver hostages for the due performance of their en
gagements.1 This peace, or rather truce, gave both sides a res
pite, which both earnestly desired.*
The people of New-Hampshire were much reduced ; their
lumber trade and husbandry being greatly impeded by the war.
Frequent complaints were made of the burden of the war, the
scarcity of provisions, and the dispiritedness of the people. Once,
it is said, in the council minutes, that they were even ready to
quit the province. The governor was obliged to impress men to
guard the outposts : they were sometimes dismissed for want of
provisions, and then die garrison officers were called to account
and severely punished : Yet all this time, the public debt did
not exceed four hundred pounds. In this situation, they were
obliged to apply to their neighbors for assistance ; hut this was
granted with a sparing hand. The people of Massachusetts were
much divided and at variance among themselves, both on account
of the new charter which they had received from King William,
and the pretended witchcrafts which have made so loud a noise
in the world. Party and passion had usurped the place of patri
otism ; and the defence, not only of their neighbors, but of them
selves was neglected to gratify their malignant humors. Their
governor too had been affronted in this province, on the following
occasion. Sir William Phips, having had a quarrel with Capt. Short of
the Nonsuch frigate about the extent of his power as vice admi
ral, arrested Short at Boston, and put him on board a merchant
ship bound for England, commanded by one Tay, with a warrant
to deliver him to the secretary of state. The ship put into Pas
cataqua, and the Nonsuch came in after her. The lieutenant,
Carey, sent a letter to Hinckes, president of the council, threat
ening to impress seamen, if Short was not released. Cary was
arrested and brought before the council, where he received a rep-
(1) Mag. p. 85.
* [This " Submission and Agreement of the Eastern Indians, at Fort Will
iam Henry, in Pemmaquid, the 11th day of August, in the fifth year of our
Sovereign Lord and Lady William and Mary, by the grace of God, of Eng
land, Scotland, France, and Ireland, King and Queen, Defender of the Faith,
&c. 1693," may be found in Mather, ii. Magnalia, p. 542. It >is signed by
thirteen Indian Chiefs, four Indians, and three English Interpreters.]

1693.] PROVINCE. JOHN USHER. 137
rimand for his insolence. At the same time, Sir William came
hither by land, went on board Tay's ship, and sent the cabin boy
with a message to the president to come to him there ; which
Hinckes highly resented and refused. Phips then demanded of
Tay his former warrant, and issued another commanding the re
delivery of Short to him, broke open Short's chest, and seized his
papers. This action was looked upon by some as an exertion of
power to which he had no right, and it was proposed to cite him
before the council to answer for assuming authority out M
of his jurisdiction. The president was warm ; but a ar"
majority of the council, considering Sir William's opinion that his
vice admiral's commission extended to this province, (though
Usher had one, but was not present) and that no person belong
ing to the province had been injured, advised the president to
take no farther notice of the matter.1 Soon after this, Sir Wil
liam drew off the men whom he had stationed in this province as
soldiers ; and the council advised the lieutenant governor to ap
ply to the colony of Connecticut for men and provisions ; but
whether this request was granted does not appear.
The towns of Dover and Exeter being more exposed than
Portsmouth or Hampton, suffered the greatest share in the com
mon calamity. Nothing but the hope of better times kept alive
their fortitude. When many of the eastern settlements were whol
ly broken up, they stood their ground, and thus gained to them
selves a reputation which their posterity boast of to this day.*
The engagements made by the Indians in the treaty of Pema
quid, might have been performed if they had been left to . „„ .
their own choice. But the French missionaries had been
for some years very assiduous in propagating their tenets among
them, one of which was 'that to break faith with heretics was no
sin.' The Sieur de Villieu, who had distinguished himself in the
defence of Quebec when Phips was before it, and had contracted a
strong antipathy to the New-Englanders, being then in command
at Penobscot, he with M. Thury, the missionary, diverted Madok-
(1) MS. in files.
* [1693. New-Castle, formerly Great Island, was incorporated. This is
now the smallest town in point of territory in the state of New- Hampshire,
containing only 458 acres. It originally consisted of Great Island, Little
Harbor, and Sandy Beach, (now Rye) all which were once comprehended
within the limits of Portsmouth. Some of the principal merchants of the
Province resided there — and the principal seat of business for many years
was at Great Island.
1693. An act passed the General Assembly of New-Hampshire to estab
lish a Post-office " in some convenient place, within the town of Portsmouth."
The postage on letters from beyond sea was two pence ; on packets equal to
not less than three letters, four penee. The postage on letters from Boston
was not to exceed six pence, and double for a packet, and " so proportionably
for letters on this side Boston," and " for all other letters beyond Boston,
shall be paid what is the accustomary allowance in the government from
whence they came."]
20

138 HISTORY OF NEW-HAMPSHIRE. [1694.
awando and the other Sachems from complying with their en
gagements ; so that pretences were found for detaining the Eng
lish captives, who were more in number, and of more consequence
than the hostages whom the Indians had given. Influenced by
the same pernicious councils, they kept a watchful eye on the
frontier towns, to see what place was most secure and might be
attacked to the greatest advantage. The settlement at Oyster
river, within the town of Dover, was pitched upon as the most
likely place ; and it is said that the design of surprising it was
publicly talked of at Quebec two months before it was put in ex
ecution. Rumors of Indians lurking in the woods thereabout
made some of the people apprehend danger ; but no mischief be
ing attempted, they imagined them to be hunting parties, and re
turned to their security.1 At length, the necessary preparations
being made, Villieu, with a body of two hundred and fifty Indi
ans, collected from the tribes of St. John, Penobscot and Nor-
ridgewog, attended by a French Priest, marched for the devoted
place.2 Oyster river is a stream vvhich runs into the western branch of
Pascataqua : the settlements were on both sides of it, and the
houses chiefly near the water. Here, were twelve garrisoned
houses sufficient for the defence of the inhabitants, but appre
hending no danger, some families remained at their own unforti
fied houses, and those who were in the garrisons were but indif
ferently provided for defence, some being even destitute of pow
der. The enemy approached the place undiscovered, and halt
ed near the falls on Tuesday evening, the seventeenth of July.
Here they formed two divisions, one of which was to go on each
side of the river and plant themselves in ambush, in small parties,
near every house, so as to be ready for the attack at the rising of
the sun ; and the first gun was to be the signal. John Dean,
whose house stood by the saw-mill at the falls, intending to go
from home very early, arose before the dawn of day, and was
shot as he came out of his door. This firing, in part, disconcert
ed their plan ; several parties who had some distance to go, had
not then arrived at their stations ; the people in general were im
mediately alarmed, some of them had time to make their escape,
and others to prepare for their defence. The signal being given,
the attack began in all parts where the enemy was ready.
Of the twelve garrisoned houses five were destroyed, viz. Ad
ams's, Drew's, Edgerly's Medar's and Beard's. They entered
Adams's without resistance, where they killed fourteen persons ;
one of them, being a woman with child, they ripped open. The
grave is still to be seen in which they were all buried. Drew
surrendered his garrison on the promise of security, but was mur
dered when he fell into their hands. One of his children, a boy
(1) Magnalia, lib. 7, p. 86. (2) Charlevoix, lib. 15, p. 210.

1694.] PROVINCE. JOHN USHER. 139
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 dispatched
him. Edgerly's was evacuated. The people took to their boat,
and one of them was mortally wounded before they got out of
reach of the enemy's shot. Beard's and Medar's were also evac
uated and the people escaped.
The defenceless houses were nearly all set on fire, the inhabit
ants being either killed or taken in them, or else in endeavor
ing to fly to the garrisons. Some escaped by hiding in the
bushes and other secret places. Thomas Edgerly, by conceal
ing himself in his cellar, preserved his house, though twice set on
fire. The house of John Buss, the minister, was destroyed,
with a valuable library. He was absent ; his wife and family fled
to die woods and escaped.* The wife of John Dean, at whom
the first 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 asked the wo
man what would be a proper remedy : she answered, occapee,
which is the Indian word for rum, of which she knew he had tak
en a bottle from her house. The remedy being agreeable, he
took a large dose and fell asleep ; and she took that opportunity
to make her escape, with her child, into the woods, and kept her
self concealed till they were gone.
The other seven garrisons, viz. Burnham's, Bickford's, Smith's,
Bunker's, Davis's, Jones's and Woodman's were resolutely and suc
cessfully defended. At Burnham's, the gate was left open : The
Indians, ten in number, who were appointed to surprise it, were
asleep under the bank of the river, at the time that the alarm was
given. A man within, who had been kept awake by the tooth
ache, hearing the first gun, roused the people and secured the
gate, just as the Indians, who were awakened by the same noise,
were entering. Finding themselves disappointed, they ran to
Pitman's defenceless house, and forced the door at the moment,
that he had burst a way through that end of the house which was
* [John Buss is mentioned in the 3d volume, p. 250, of the first edition, as
a practitioner of physic, and as having died in 1736, at the age of 108 years ;
but his age is overstated. It should be 96. In a petition from him to Gov.
Shute and the General Assembly of Massachusetts, in 1718, he states that he
had labored in the work of the ministry at Oyster- River 44 years successive
ly ; that he was then ad-vanced to 78 years of age ; that he had kept his sta
tion there," even in the time of the terrible Indian war, when many a score
fell by the sword, both on the right hand and on the left, and several others
forced to flight for wantof bread;" that he was then " unable to perform the
usual exercise of the ministry," and that " the people had not only called
another minister, but stopped their hands from paying to his subsistence,
whereupon he was greatly reduced, having neither bread to eat, nor sufficient
clothing to encounter the approaching winter." The ministers of Durham
from that time down to our own davs have not unfrequently complained that
they prophesied in sackcloth.]

140 HISTORY OF NEW-HAMPSHIRE. [1694.
next to the garrison, to which he with his family, taking advan
tage of the shade of some trees, it being moonlight, happily escap
ed. Still defeated, they attacked the house of John Davis, which
after some resistance, he surrendered on terms ; but the terms
were violated, and the whole family was either killed or made
captives. Thomas Bickford preserved his house in a singular
manner. It was situated near the river, and surrounded with a
palisade. Being alarmed before the enemy had reached the
house, he sent off his family in a boat, and then shutting his gatej
betook himself alone to the defence of his fortress. Despising
alike the promises and threats by which the Indians would have
persuaded him to surrender, he kept up a constant fire at them,
changing his dress as often as he could, shewing himself with a
different cap, hat or coat, and sometimes without either, and giv
ing directions aloud as if he had a number of men with him.
Finding their attempt vain, the enemy withdrew, and left him sole
master of the house, which he had defended with such admirable
address. Smith's, Bunker's and Davis's garrisons, being season
ably apprised of the danger, were resolutely defended. One
Indian was supposed to be killed and another wounded by a shot
from Davis's. Jones's garrison was beset before day ; Captain
Jones hearing his dogs bark, and imagining wolves might be near,
went out to secure some swine and returned unmolested. He
then went up into the flankart and sat on the wall. Discerning
the flash of a gun, he dropped backward ; the ball entered the
place from whence he had withdrawn his legs. The enemy from
behind a rock kept firing on the house for some time, and then
quitted it. During these transactions, the French priest took pos
session of the meeting-house, and employed himself in writing on
the' pulpit with chalk ; but the house received no damage.
Those parties of die enemy who were on the south side of the
river having completed their destructive work, collected in a field
adjoining to Burnham's garrison, where they insultingly showed
their prisoners, and derided the people, thinking themselves out of
reach of their shot. A young man from the sentry-box fired at
one who was making some indecent signs of defiance, and woun
ded him in the heel : Him they placed on a horse and carried
away. Both divisions then met at the falls, where they had part
ed the evening before, and proceeded together to Capt. Wood
man's garrison. The ground being uneven, they approached
without danger, and from behind a hill kept up a long and severe
fire at the hats and caps which the people within held up on sticks
above the walls, without any other damage than galling the roof of
the house. At length, apprehending it was time for the people
in the neighboring settlements to be collected in pursuit of them,
they finally withdrew ; having killed and captivated between
ninety and an hundred persons, and burned about twenty houses,

1694.] PROVINCE. JOHN USHER. 141
of which five were garrisons.* The main body of them retreat
ed over Winnipiseogee lake, where they divided their prisoners,
separating those in particular who were most intimately connected,
in which they often took a pleasure suited to their savage nature. f
About forty of the enemy under Toxus, a Norridgewog chief,
resolving on farther mischief, went westward and did execution as
far as Groton. A smaller party having crossed the river Pascata
qua, came to a farm where Ursula Cutt, widow of the deceased
president, resided, who imagining the enemy had done what mis
chief they intended for that time, could not be persuaded to remove
into town till her haymaking should be finished. As she was in
the field with her laborers, the enemy fired from an ambush and
killed her, with three others.1 Colonel Richard Waldron and his
wife, with their infant son, (afterward secretary) had almost shared
the same fate. They were taking boat to go and dine with this
lady, when they were stopped by the arrival of some friends at
their house ; whilst at dinner they were informed of her death.
She lived about two miles above the town of Portsmouth, and had
laid out her farm with much elegance. The scalps taken in this
whole expedition were carried to Canada by Madokawando, and
presented to Count Frontenac, from whom he received the re
ward of his treacherous adventure.
There is no mention of any more mischief by the Indians with
in this province till the next year, when, in the month ir-nc
of July, two men were killed .at Exeter. The following
year, on the seventh day of May, John Church, who had been
taken and escaped from them seven years before, was 1fiQfi
killed and scalped at Cochecho, near his own house. On
the twenty-sixth^of June, an attack was made at Portsmouth plain,
(1) Magnalia, lib. 7, page 86.
* Charlevoix, with his usual parade, boasts of their having killed two hun
dred and thirty people, and burned fifty or sixty houses. He speaks of only
two forts, both of which were stormed. [The Rev. John Pike, in his manu
script Journal, says they " killed and carried away 94 persons and burnt 13
houses." As he then lived in Dover and made a record of the event near the
time it occurred, we can probably depend upon the accuracy of his statement.]
t Among these prisoners, were Thomas Drew and his wife, who were new
ly married. He was carried to Canada, where he continued two years and
was redeemed. She to Norridgewog, and was gone four years, in which she
endured every thing but death. She was delivered of a child in the winter,
in the open air, and in a violent snow storm. Buing unable to suckle her
child, or provide it any food, the Indians killed it. She lived fourteen days
on a decoction of the bark of trees. Once, they set her to draw a sled up a
river against a piercing north-west wind, and left her. She was so overcome
with the cold that she grew sleepy, laid down and was nearly dead, when
they returned ; they carried her senseless to a wigwam, and poured warm
water down her throat, which recovered her. After her return to her hus
band, she had fourteen children ; they lived together till he was ninety-three,
and she eighty-nine years of age ; they died within two days of eaoh other,
and were buried in one grave.
* * These particular circumstances of the destruction at Oyster river were
at my desire collected from the information of aged people by John Smith,
Esq. a descendant of one of the suffering families.

j 42 HISTORY OF NEW-HAMPSHIRE. [1696.
about two miles from the town. The enemy came from York-
nubble to Sandy-beach in canoes, which they hid there among
the bushes near the shore. Some suspicion was formed the day
before by reason of the cattle running out of the woods at Little-
harbor ; but false alarms were frequent, and this was not much
regarded. Early in the morning, the attack was made on five
houses at once. Fourteen persons were killed on the spot; one
was scalped and left for dead, but recovered, and four were taken.
The enemy having plundered the houses of what they could carry,
set them on fire, and made a precipitate retreat through the great
swamp. A company of militia under Captain Shackford* and
lieutenant Libbey pursued, and discovered them cooking their
breakfast, at a place ever since called Breakfast-hill, in Rye.
The Indians were on the farther side, having placed their captives
between themselves and the top of the hill, that in case of an at
tack they might first receive the fire. The lieutenant pleaded to
go round the hill, and come upon them below to cut off their re
treat ; but, the captain fearing in that case that they would, ac
cording to their custom, kill the prisoners, rushed upon them from
the top of the hill, by which means they retook the captives and
plunder, but the Indians, rolling down the hill, escaped into the
swamp and got to their canoes. Another party, under another
commander, Gerrish, was then sent out in shallops to intercept
them as they should cross over to the eastward by night. The
captain ranged his boats in a line, and ordered his men to reserve
their fire till he gave the watchword. It being a calm night, the
Indians were heard as they advanced ; but the captain, unhappily
giving the word before they had come within gun-shot, they tacked
about to the southward, and going round the Isles of Shoals, by
the favor of their light canoes escaped. The watch-word was
Crambo, which the captain ever after bore as an appendage to
his title.1 On the twenty-sixih day of July, the people of Dover
were waylaid as they were returning from the public worship,
when three were killed, three wounded, and three carried to
Penobscot, from whence they soon found their way home.2 f
The next year, on the tenth of June, the town of Exeter was
remarkably preserved from destruction. A body of the enemy
T -.q- had placed themselves near the town, intending to make
an assault in the morning of the next day. A number of
women and children contrary to the advice of their friends went
(1) Judge Parker. (2) Magnalia, lib. 7, p. 89.
* [William Shackford was of Dover, and one of the grand jury in 1682.]
1 [The persons killed were Nicholas Otis, Mary Downs and Mary Jones ;
those wounded were Richard Otis, Anthony- Lowden and Experience Heard;
those captured were John Tucker, Nicholas Otis, jr., and Judith Ricker. On
the 25th August following, Lieutenant Lock was slain by the Indians at San
dy Beach, and soon after Arnold Breck, &c. was shot at betwixt Hampton
and Greenland. Rev. John Pike, MS. Journal.]

1697.] PROVINCE. JOHN USHER. 143
into the fields, without a guard, to gather strawberries. When
they were gone, some persons, to frighten them, fired an alarm ;
which quickly spread through the town, and brought the people
together in arms. The Indians supposing that they were discov
ered, and quickened by fear, after killing one, wounding another,
and taking a child, made a hasty retreat and were seen no more
there. But on the fourth day of July, they waylaid and killed
the worthy Major Frost* at Kittery, to whom they had owed re
venge ever since the seizure of the four hundred at Cochecho,.
in which he was concerned.1
The same year, an invasion of the country was projected by the
French. A fleet was to sail from France to Newfoundland, and
thence to Penobscot, where being joined by an army from Cana
da, an attempt was to be made on Boston, and the seacoast rav
aged from thence to Pascataqua. The plan was too extensive
and complicated to be executed in one summer. The fleet came
no further than Newfoundland, when the advanced season, and
scantiness of provisions obliged them to give over the design.
The people of New-England were apprized of the danger, and
made the best preparations in their power. They strengthened
their fortifications on the coast, and raised a body of men to de
fend the frontiers against the Indians who were expected to co
operate with the French. Some mischief was done by lurking;
parties at the eastward ; but New-Hampshire was unmolested by
them during the remainder of this, and the whole of the following
year.f After the peace of Ryswick, Count Frontenac informed the
Indians that he could not any longer support them in a war . ,-qq
with the English, with whom his nation was then at peace.
He therefore advised them to bury the hatchet and restore their
captives. Having suffered much by famine, and being divided
in their opinions about prosecuting the war, after a long time they
were brought to a treaty at Casco ; where they ratified ^ fiq„
their former engagements; acknowledged subjection to
the crown of England ; lamented their former perfidy, and "'an' ,
(1) Mag. lib. 7, page 91. MS. Journal.
* [Major Charles Frost, was the representative of Kittery in the General
Court of Massachusetts in the years 1658,1660 and 1661, and was long an
active and useful officer in the Indian wars. He is named by Hubbard in hisi
Wars with the Eastern Indians, p. 28. Under the charter of William and
Mary, at the first election, of counsellors, in 1693, he was selected for one of
those to be chosen for Maine. He was probably related to the Frosts of New-
Hampshire, where the name has continued with reputation from an early
period to the present time.]
t [It was in 1697, on the 15 of March, that the town of Haverhill, in Massa
chusetts, was attacked by the Indians, and some of the prisoners there taken
were brought into New-Hampshire, among whom was the intrepid Hannah
Duston, whose story is well known. It was on a small island at the mouth
of Contoocook river, about six miles above the State House in Concord, that
she destroyed her captors. She and her coadjutors killed two men, two wo
men, and six others, and having scalped them, carried their scalps to Boston.}/

144 HISTORY OF NEW-HAMPSHIRE. [1699.
promised future peace and good behaviour in such terms as the
commissioners dictated, and with as much sincerity as could be
expected.1 At the same time, they restored those captives, who
were able to travel from the places of their detention to Casco in
that unfavorable season of the year ; giving assurance for the
return of the others in the spring ; ' but many of the younger sort,
both males and females, were detained ; who, mingling with the
Indians, contributed to a succession of enemies in future wars
against their own country.*2
(1) Mag. lib. 7, page 94. (2) Hutch, vol. 2, page 110.
* [I have endeavored to collect from various authorities, but principally
from a MS. Journal of the Rev. John Pike, of Dover, a summary account of
the depredations committed by the Indians in the Eastern part of New-Eng
land, during what Cotton Mather calls " Decennium Luctuosum, or the long
War with the Indian Salvages," which is presented below in a tabular form,
and so far as was practicable, in chronological order. Other depredations
doubtless were committed of which no account is preserved.
Time. Places attacked. No. Killed. Wounded. Capt'd.
1689. 28 June, Dover, 23 — 29
August, Oyster River, (Durham) 18 — _
August, Andover, Ms. 2(1) — _
1690. 2 February, Schenectady, N. Y. 60 — 27
18 March, Salmon-Falls, 27 — 52
22 August, York, Me. — — i
Fox Point, (Newington) 14 — 6
4 July, Lamprey River, 8 — 1
5 July, Exeter, 8 — _
6 July, Wheelwright's pond, (Lee) 16 — _
7 July, Amesbury, Ms. 3 — _
July or Aug. Maquoit, Me. 1 1 _
21 September, Maquoit, (near Casco) 8 24 —
1692. 25 January, York, Me. 48 — _
18 July, Lancaster, Ms. 6 1 —
1 August, Billerica, Ms. 6 — _
28 September, Newichwannock, (S.Berwick)2 — —
29 September, Sandy Beach, (Rye) 21(2) — —
1693. 10 May, Dover, 1(3) — -
1C94. 18 July, Oyster River, 94(4) — _
21 July, Portsmouth, 4 — —
27 July, Groton, Ms. 22 13 —
20 August, Spruce Creek and York, 5 — —
24 August, Long Reach, (Kittery) 8(5) — —
4 September, Pond Plain, Ms. (6) 2 — —
1695. 28 March, Saco Fort, Me. 1 1 _
6 July, Kittery, Me. — 1 —
7 July, York, Me. 1 _ _
July, Exeter, 2 — —
Lancaster, Ms. 1  —
Haverhill, Ms. — 2 —
5 August, Billerica, Ms. 10 5 —
August, Saco Fort, Me. 1  _
(1) Four from Andover died the same year in the war at the Eastward-
Abbot, Hist. Andover, 43.
(2) This number includes those who were killed and carried away. Pike.
MS. Journal.
(3) This was Tobias Hanson, who is not named by Dr. Belknap.
(4) Killed and carried away.
(5) Killed and captured.
(6) Between Amesbury and Haverhill, Ms.

PROVINCE. JOHN USHER. 145
A general view of an Indian war will give a just idea of these
distressing times, and be a proper close to this narration.
The Indians were seldom or never seen before they did exe
cution. They appeared not in the open field, nor gave proofs of
a truly masculine courage ; but did their exploits by surprise,
chiefly in -the morning, keeping themselves hid behind logs and
bushes, near the paths in the woods, or the fences contiguous to
the doors of houses ; and their lurking holes could be known only
by the report of their guns, which was indeed but feeble, as they
were sparing of ammunition, and as near as possible to their object
before they fired. They rarely assaulted an house unless they
knew there would be but little resistance, and it has been after
ward known that they have lain in ambush for days together,
watching the motions of the people at their work, without daring
to discover themselves. One of their chiefs, who had got a
woman's riding-hood among his plunder, would put it on, in an
evening, and walk into the streets of Portsmouth, looking into the
windows of houses, and listening to the conversation of the people.
Their cruelty was chiefly exercised upon children, and such
aged, infirm, or corpulent persons as could not bear the hardships
of a journey through the wilderness. If they took a woman far
Time.
1695. 9 September,
7 October,
1696. 7 May,
24 June,
26 June,
26 July,
13 August,
15 August,
25 August,
25 August,
27 August,
13 October,
1697. 15 March,
20 May,
10 June,
10 June,
4 July,
29 July,
7 August,
9 September,
11 September,
15 November,
1698. 22 February,
February,
9 May,
9 May,
(1) This place was in New-Hampshire.
(2) This was the number killed and taken. Mr. Saltonstall in his Hist, of
Haverhill, p. 8, says that, " In 1697, fourteen persons were killed, [in Haver
hill] eight of them children." These he makes in addition to the above 40
killed and taken when Mrs. Duston was captured, the time of which he er
roneously places under 1698.] 21

Places attacked.

No. Killed.

Wounded.

Cap't.

Pemaquid, Me.

4

6

—

Newbury, Ms.

—

1

9

Dover, (or near it)

1

—

—

York, Me.

2

1

—

Sagamore's Creek,

(Ports.) 24

1

4

Dover,

3

3

3

Andover, Ms.

2

—

—

Haverhill, Ms.

—



5

Oxford, Ms.

5

—



Sandy Beach,

1

—

—

Lubberland,(l)

1

—



Saco Fort, Me.

5

1

—

Haverhill, Ms,

40(2)

—

—

York, Me.

—

—

1

Groton, Ms.

1

3

. —

Exeter,

1

1

1

Salisbury, Ms.

—

—

2

Kittery, Me.

1

—

—

Dover,

3

1

—

Saco Fort, Me.

3

—

3

Damariscotta, Me.

12

12

—

Lancaster, Ms.

21

2

6

Johnson's Creek,

1

—

1

Andover, Ms.

5

—

5

Haverhill, Ms.

2

—

2

Spruce Creek, Me.

1

—

3

York, Me.

—

1

—

146 HISTORY OF NEW-HAMPSHIRE.
advanced in pregnancy, their knives were plunged into her bow
els. An infant, when it became troublesome, had its brains dash
ed out against the next tree or stone. Sometimes to torment the
wretched mother, they would whip and beat the child till almost
dead, or hold it under water till its breath was just gone, and then
throw it to her to comfort and quiet it. If the mothefcould not
readily still its weeping, the hatchet was buried in its skull. A
captive wearied with a burden laid on his shoulders was often
sent to rest the same way. If any one proved refractory, or was
known to have been instrumental of the death of an Indian, or re
lated to one who had been so, he was tortured with a lingering
punishment,. generally at the stake, whilst the other captives were
insulted with the sight of his miseries. Sometimes a fire would
be kindled and a threatening given out against one or more, though
there was no intention of sacrificing them, only to make sport of
their terrors. The young Indians often signalized their cruelty
in treating captives inhumanly out of sight of the elder, and when
inquiry was made into the matter, the insulted captive must either
be silent or put the best face on it, to prevent worse treatment for
the future. If a captive appeared sad and dejected he was sure
to meet with insult ; but if he could sing and dance and laugh
with his masters, he was carressed as a brother. They had a
strong aversion to negroes, and generally killed them when they
fell into their hands.
Famine was a common attendant on these doleful captivities.
The Indians when they caught any game devoured it all at one
sitting, and then girding themselves round the waist, travelled
without sustenance till chance threw more in their way. The
captives, unused to such canine repasts and abstinences, could not
support the surfeit of the one, nor the craving of the other. A
change of masters, though it sometimes proved a relief from mis
ery, yet rendered the prospect of a return to their homes more
distant. If an Indian had lost a relative, a prisoner bought for a
gun, a hatchet, or a few skins, must supply the place of the de
ceased, and be the father, brother, or son of the purchaser ; and
those who could accommodate themselves to such barbarous
adoption, were treated with the same kindness as the persons in
whose place they were substituted. A sale among the French
of Canada was the most happy event to a captive, especially if
he became a servant in the family ; though sometimes, even there,
a prison was their lot, till opportunity presented for their redemp
tion ; whilst the priests employed every seducing art to pervert
them to the popish religion, and induce them to abandon their
country. These circumstances, joined with the more obvious
hardships of travelling half naked and barefoot through pathless
deserts, over craggy mountains and deep swamps, through frost,
rain and snow, exposed by day and night to the inclemency of

PROVINCE. JOHN USHER. 147
the weather, and in summer to the venomous stings of those num
berless insects with which the woods abound ; the restless anxiety
of mind, the retrospect of past scenes of pleasure, the remem
brance of distant friends, the bereavements experienced at the
beginning or during the progress of the captivity, and the daily
apprehension of death either by; famine or the savage enemy ;
these were the horrors of an Indian captivity.
On the other hand, it must be acknowledged that there have
been instances of justice, generosity and tenderness during these
wars which would have done honor to a civilized people. A
kindness shewn to an Indian was remembered as long as an in
jury ; and persons have had their lives spared, for acts of human
ity done to the ancestors of those Indians, into whose hands they
have fallen.* They would sometimes " carry children on their
" arms and shoulders, feed their prisoners with the best of their
" provision, and pinch themselves rather than their captives should
" want food." When sick or wounded, they would afford them
proper means for their recovery, which they were very well able
to do by their knowledge of simples. In thus preserving the lives
and health of their prisoners, they doubtless had a view of gain.
But the most remarkably favorable circumstance in an Indian
captivity, was their decent behaviour to women. I have never
read, nor heard, nor could find by inquiry, that any woman who
fell into their hands was ever treated with the least immodesty ;
but testimonies to the contrary are very frequent.f Whether
this negative virtue is to be ascribed to a natural frigidity of con
stitution, let philosophers inquire : The fact is certain ; and it
was a most happy circumstance for our female captives, that in
* Several instances to this purpose have been occasionally mentioned in the
course of this narrative. The following additional one is taken from Capt.
Hammond's MS. Journal. " April 13, 1677. The Indians Simon, Andrew
" and Peter burnt the house of Edward Weymouth at Sturgeon creek. They
" plundered the house of one Crawley but did not kill him, because of some
" kindness done to Simon's grandmother.."
t Mary Rowlandson who was captured at Lancaster, in 1675, has this pas
sage in her narrative, (p. 55.) " I have been in the midst of these roaring
lions and savage bears, that feared neither God nor man nor the devil, by day
and night, alone and in company ; sleeping all sorts together, and yet not one
of them ever offered me the least abuse ofunchastity in word or action."
Elizabeth Hanson who was taken from Dover in 1724, testifies in her nar
rative, (p. 28) that " the Indians are very civil toward their captive women,
not offering any incivility by any indecent carriage."
William Fleming, who was taken in Pennsylvania, in 1755, says the In
dians told him " he need not be afraid of their abusing his wife, for they
would not do it, for fear of offending their God (pointing their hands toward
heaven) for the man that affronts his God will surely be killed when he goes
to war." He farther says, that one of them gave his wife a shift and petticoat
which he had among his plunder, and though he was alone with her, yet " he
turned his back, and went to some distance whilst she put them on.' (p. 10.)
Charlevoix in his account of the Indians of Canada, says, (letter 7) "There
is no example that any have ever taken the least liberty with the French
women, even when they were their prisoners."

148 HISTORY OF NEW-HAMPSHIRE.
the midst of all their distresses, they had no reason to fear from
a savage foe, the perpetration of a crime, which has too frequently
disgraced, not only the personal, but the national character of
those, who make large pretences to civilization and humanity.

CHAPTER XI.
The civil affairs of the Province during the administrations of Usher, Part
ridge, Allen, the Earl of Bellomont and Dudley, comprehending the whole
controversy with Allen and his heirs.
John Usher, Esquire, was a native of Boston, and by profes
sion a stationer. He was possessed of an handsome fortune, and
sustained a fair character in trade. He had been employed by
the Massachusetts government, when in England, to negotiate the
purchase of the province of Maine, from the heirs of Sir Ferdin-
ando Gorges, and had thereby got a taste for speculating in land
ed interest. He was one of the partners in the million purchase,
and had sanguine expectations of gain from that quarter. He
had rendered himself unpopular among his countrymen, by ac
cepting the office of treasurer, under Sir Edmund Andros, and
joining with apparent zeal in the measures of that administration,
and he continued a friendly connexion with that party, after they
were displaced.1
Though not illnatured, but rather of an open and generous dis
position, yet he wanted those accomplishments which he might
have acquired by a learned and polite education. He had but
little of the statesman, and less of the courtier. Instead of an
engaging affability he affected a severity in his deportment, was
loud in conversation, and stern in command. Fond of presiding
in government, he frequently journeyed into the province, (though
his residence was at Boston, where he carried on his business as
usual,) and often summoned the council, when he had little or
nothing to lay before them. He gave orders, and found fault
like one who felt himself independent, and was determined to be
obeyed. He had an high idea of his authority and the dignity of
his commission ; and when opposed and insulted, as he some
times was, he treated the offenders with a severity, which he
would not relax, till he had brought them to submission. His
public speeches were always incorrect, and sometimes coarse and
reproachful.2 He seems, however, to have taken as much care for the inter
est and preservation of the province as one in his circumstances
(1) Usher's papers. (2) Province files.

PROVINCE. JOHN USHER. 149
could have done. He began his administration in the height of
a war, which greatly distressed and impoverished the country,
yet his views from the beginning were lucrative.* The people
perceived these views, and were aware of the danger. The
transfer of the title from Mason to Allen was only a change of
names. They expected a repetition of the same difficulties under
a new claimant. After the opposition they had hitherto made,
it could not be thought strange that men whose pulse beat high
for freedom, should refuse to submit to vassalage ; nor, whilst
they were on one side defending their possessions against a sav
age enemy, could it be expected, that on the other, they should
tamely suffer the intrusion of a landlord. Usher's interest was
united with theirs in providing for the defence of the country, and
contending with the enemy ; but when the proprietary of the soil
Was in question, they stood on opposite sides ; and as both these
controversies were carried on at the same time, the conduct of
the people toward him varied according to the exigency of the
case. They sometimes voted him thanks for his services, and
at other times complained of his abusing and oppressing them.
Some of them would have been content to have held their es
tates under Allen's title,f but the greater part, including the
principal men, were resolved to oppose it to the last extremity.
They had an aversion not only to the proprietary claim on their
lands, but their separation from the Massachusetts government,
under which they had formerly enjoyed so 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 ap
plying to them for help in their difficulties, that it might appear
how unable they were to subsist alone. They knew also that the
Massachusetts people were as averse as themselves to Allen's
claim, which extended to a great part of their lands, and was
particularly noticed in their new charter.
Soon after Usher's arrival, he made inquiry for the papers
which contained the transactions relative to Mason's suits. Du
ring the suspension of government in 1689, Captain John Picker
ing,! a man °f a rough and adventurous spirit, and a lawyer, had
gone with a company of armed men to the house of Chamberlain,
the late secretary and clerk, and demanded the records and files
* In a letter to George Dorrington 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 management it may be worth money, the
" people only paying 4d and 2d per acre. The reason why the commonalty
" of the people do not agree is because 3 or 4 of the great landed men dissuade
" them from it. The people have petitioned the king to be annexed to Bos-
" ton government, but it will not be for the proprietor's interest to admit of
" that unless the king sends a general governor over all."
f " I have 40 hands in Exeter who desire to take patents for land from you,
" and many in other towns." Usher to Allen, October, 1695.
i [He often wrote his name Pickerin.]

150 HISTORY OF NEW-HAMPSHIRE. [1693.
which were in his possession. Chamberlain refused to deliver
them without some legal warrant for security ; but Pickering took
them by force, and conveyed them over the river to Kittery.
Pickering was summoned before the governor, threatened and im
prisoned, but for some time would neither deliver the books, nor
discover the place of their concealment, unless by order of the
assembly and to some person by them appointed to receive them.
At length, however, he was constrained to deliver them, and they
were put into the hands of the secretary, by the lieutenant-gov
ernor's order.
Another favorite point with Usher was to have the boundary
between New-Hampshire and Massachusetts ascertained. There
fiQT were reasons which induced some of the people to fall in
with this desire. The general idea was, that New-Hamp
shire began at the end of three miles north of the river Merri
mack ; which imaginary line was also the boundary of the ad
joining townships on each side. The people who lived, and
owned lands near these limits, pretended to belong to either prov
ince, as best suited their conveniency ; which caused a difficulty
in the collecting of taxes, and cutting of timber. The town of
irq- Hampton was sensibly affected with these difficulties, and
Oct 12 petitioned the council that the line might be run. The
council appointed a committee of Hampton men to do it,
and gave notice to Massachusetts of their intention ; desiring them
to join in the affair.1 They disliked it, and declined to act ; upon
which, the lieutenant-governor and council of New-Hampshire
caused the boundary line to be run from the sea-shore three
miles northward of Merrimack, and parallel to the river, as far,
as any settlements had been made, or lands occupied.2
The only attempt made to extend the settlement of the lands
during these times, was, that in the spring of the year 1694, whilst
there was a truce with the Indians, Usher granted a charter for
the township of Kingston, to about twenty petitioners from Hamp
ton. They were soon discouraged by the dangers and difficul
ties of the succeeding hostilities, and many of them returned
home within two years. After the war, they resumed their en
terprise ; but it was not till the year 1725, that they were able to
obtain the settlement of a minister. No alterations took place
in the old towns, except the separation of Great-Island, Little-
jgg3 Harbor, and Sandy-Beach, from Portsmouth, and their
erection into a town by the name of New-Castle ; togeth
er with the annexation of that part of Squamscot patent which
now bears the name of Stratham, to Exeter, it having before been
connected with Hampton.3
The lieutenant-governor was very forward in these transactions,
(1) Prov. files. (2) Brief of the case of N. H. and Mass. stated by Strange
and Hollings, 1738, p. 8. (3) Prov. files.

1693.] PROVINCE. JOHN USHER. 151
thinking them circumstances favorable to his views, and being
willing to recommend himself to the people by seconding their
wishes as far as was consistent with the interest he meaned to
serve. The people, however, regarded the settling and dividing
of townships, and the running of lines, only as matters of general
convenience, and continued to be disgusted with his administra
tion. His repeated calls upon them for money were answered
by repeated pleas of poverty, and requests for assistance from the
neighboring province. Usher used all his influence with that gov
ernment to obtain a supply of men to garrison the frontiers ; and
when they wanted provisions for the garrisons, and could not read
ily raise the money, he would advance it out of his own purse
and wait till the treasury could reimburse it.
During the two or three first years of his administration the
public charges were provided for as they had been before, by an
excise on wines and other spirituous liquors, and an impost on
merchandize. These duties being laid only from year to year,
Usher vehemently urged upon the assembly a renewal of
the act, and an extension of the duty to articles of export ; 1695.
and that a part of the money so raised might be applied to ov-7"9-
the support of government. The answer he obtained was, that
' considering the exposed state of the province, they were obliged
' to apply all the money they could raise to their defence ; and
1 therefore they were not capable of doing any thing for the sup-
' port of government, though they were sensible his honor had
' been at considerable expense. They begged that he would join
* with the council in representing to the king, the poverty and
' danger of the province, that such methods might be taken for
' their support and preservation as to the royal wisdom should
' seem meet.' Being further pressed upon the subject, they pass
ed a vote to lay the proposed duties for one year, ' provided he
' and the council would join with them in petitioning the king to
' annex them to Massachusetts.'
He had the mortification of being disappointed in his expecta
tions of gain, not only from the people, but from his employer.
Allen had promised him two hundred and fifty pounds per annum
for executing his commission ; and when at the end of the third
year, Usher drew on him for the payment of this sum, his bill came
back protested.* This was the more mortifying, as he had as
siduously and faithfully attended to Allen's interest, and acquaint
ed him from time to time with the means he had used, the diffi
culties he had encountered, the pleas he had urged, the time he
had spent, and the expense he had incurred in defence and sup
port of his claim. He now desired him to come over and assume
the government himself, or get a successor to him appointed in
* It is probable that Allen was not able to comply with this demand. The
purchase of the province from the Masons had been made " with other men's
money." Letter of Usher to Sir Matthew Dudley, Sept. 1718.

152 HISTORY OF NEW-HAMPSHIRE. [1695.
the office of lieutenant-governor.1 He did not know that the peo
ple were before hand of him in this latter request.
On a pretence of disloyalty he had removed Hinckes, Wal
dron and Vaughan from their seats in the council.* The former
of these was a man who could change with the times ; the two
latter were steady opposers of the proprietary claim. Their sus
pension irritated the people, who, by their influence, privately
agreed to recommend William Partridge, Esq., as a proper person
for their lieutenant-governor in Usher's stead. Partridge was a
native of Portsmouth, a shipwright, of an extraordinary mechan
ical genius, of a politic turn of mind, and a popular man. He
was treasurer of the province, and had been ill used by Usher.
Being largely concerned in trade he was well known in England,
having supplied the navy with masts and timber. His sudden de
parture for England was very surprising to Usher, who could not
imagine he had any other business than to settle his accounts. —
But the surprise was greatly increased, when he returned
1697. w;tij a commission appointing him lieutenant-governor and
an- commander in chief in Allen's absence.2 It was obtained
of the lords justices in the king's absence, by the interest of Sir
Henry Ashurst, and was dated June 6, 1696.
Immediately on his arrival, his appointment was publicly made
known to the people ; though, either from the delay of making
out his instructions, or for want of the form of an oath necessary to
be taken, the commission was not published in the usual manner.
But the party in opposition to Usher triumphed. The suspended
counsellors resumed their seats, Pickering was made king's attor-
June 8 ne^' an<^ ^in^es> as president of the council, opened the
' assembly with a speech. This assembly ordered the records
which had been taken from Pickering to be deposited in the hands
of Major Vaughan, who was appointed recorder : in consequence
of which they have been kept in that office ever since.3
Usher being at Boston when this alteration took place, wrote to
them, declaring that no commission could supersede his, till duly
published ; and intimated his intention of coming hither, " if he
could be safe with his life." He also despatched his secretary,
Feb 2Q Charles Story, to England, with an account of this trans-
' action, which in one of his private letters he styles "the
Pascataqua rebellion ;" adding, that " the militia were raised, and
forty horse sent to seize him ;" and intimating that the confusion
was so great, that " if but three French ships were to appear, he
(1) Usher's letter to Allen, July and Oct. 1695. (2) Ashurst's letters in
files. (3) MS. Laws.
* [The alleged cause of the suspension of Waldron and Vaughan was their
refusing to take the oath of allegiance, according to a Law of the Province
of July, 1696, requiring all male persons from 16 years old and upwards to
take said oath, and for refusing to sign an association paper according to th*
form of the statute in England.]

1697.] PROVINCE. WILLIAM PARTRIDGE. 153
believed they would surrender on the first summons."1 The ex
treme imprudence of sending such a letter across the Atlantic in
time of war, was still heightened by an apprehension which then
prevailed, that the French were preparing an armament to invade
the country, and that " they particularly designed for Pascataqua
river."2 In answer to his complaint, the lords of trade directed him to
continue in the place of lieutenant-governor, till Partridge should
qualify himself, or till Richard, Earl of Bellomont, should
arrive ; who was commissioned to the government of New-
York, Massachusetts Bay and New-Hampshire ; but had not yet
departed from England. Usher received the letter from the lords
together with the articles of peace which had been con-
eluded at Ryswick, and immediately set off for New-
Hampshire, (where he had not been for a year) proclaimed the
peace, and published the orders he had received, and „ .„
having preceded thus far, " thought all well and quiet."
But his opposers having held a consultation at night, Partridge's
commission was the next day published in form ; he took n ...
the oadis, and entered on the administration of govern
ment,3 to the complete vexation and disappointment of Usher, who
had been so elated with the confirmation of his commission, that
as he passed through Hampton, he had forbidden the minister of
that place to observe a thanksgiving day, which had been appoint
ed by President Hinckes.4
An assembly being called, one of their first acts was to write to
the lords of trade, ' acknowledging the favor of the king
' in appointing one of their own inhabitants to the command 1698.
' of the province, complaining of Usher, and alleging that an' '
' there had been no disturbances but what he himself had made ; de-
' claring that those counsellors whom he had suspended were loy-
' al subjects, and capable of serving the king ; and informing their
1 lordships that Partridge had now qualified himself, and that they
' were waiting the arrival of the Earl of Bellomont.'
They also deputed Ichabod Plaisted to wait on the Earl at
New-York, and compliment him on his arrival. ' If he should
' find his lordship high, and reserved, and not easy of access, he
' was instructed to employ some gentleman who was in his confi-
' dence to manage the business ; but if easy and free, he was to
' wait on him in person ; to tell him how joyfully they received
' the news of his appointment, and that they daily expected Gov-
1 ernor Allen, whose commission would be accounted good,
' till his lordship's should be published, and to ask his advice,
' how they should behave in such a case.'5 The principal design
of this message was to make their court to the earl, and get the
(1) Usher's Letters. (2) Lt. Gov. Stoughton's letter of Feb. 22, in fiW
(3) Usher's papers. (4) Council files. (5) Plaisted's instructions, in files.
22

154 HISTORY OF NEW-HAMPSHIRE. [1698.
start of Usher, or any of his friends, who might prepossess him
with an opinion to their disadvantage. But if this should have
happened, Plaisted was directed ' to observe what reception they
' met with. If his lordship was ready to come this way, he was
' to beg leave to attend him as far as Boston, and then ask his
' permission to return home ;' and he was furnished with a letter
of credit to defray his expenses. This message, which shows
the contrivers to be no mean politicians, had the desired effect.
The earl continued at New-York for the first year after his ar
rival in America ; during which time, Governor Allen came over,
as it was expected, and his commission being still in force,
ug' ' he took the oaths and assumed the command. Upon
Sept. 15. which, Usher again made his appearance in council,
Nov 29. wnere he produced the letter from the lords of trade,
claiming his place as lieutenant-governor, and declared
that the suspended counsellors had no right to sit till restored by
the king's order. This brought on an altercation, wherein Elliot
affirmed, that Partridge was duly qualified and in office, that
Waldron and Vaughan had been suspended without cause, and
that if they were not allowed to sit, the rest were determined to
resign. The governor declared Usher to be of the council ; upon
which Elliot withdrew.
At the succeeding assembly, two new counsellors appeared ;
Joseph Smith, and Kingsly Hall.* The first day passed quietly.
1 -„q The governor approved Pickering as speaker of the house ;
Jan 5* t0^ diem he had assumed the government, because the
Earl of Bellomont had not arrived ; recommended a con
tinuance of the excise and powder money, and advised them to
send a congratulatory message to the Earl at New- York. The
next, day, the house answered, that they had continued
the customs and excise till November, that they had al
ready congratulated the earl, and received a kind answer, and
were waiting his arrival ; ivhen they should enter further on busi
ness. They complained that Allen's conduct had been grievous
in forbidding the collecting of the last tax, whereby the public
debts were not paid ; in displacing sundry fit persons, and ap
pointing others less fit, and admitting Usher to be of the council,
though superseded by Partridge's commission. These things,
they told him, had obliged some members of the council and as
sembly to apply to his lordship for relief, and, " unless he should
manage with a more moderate hand," they threatened him with
second application.
The same day, Coffin and Weare moved a question in council,
whether Usher was one of that body. He asserted his privilege,
and obtained a major vote. They then entered their dissent, and
* [Joseph Smith was of Hampton. Kingsly Hall was of Exeter. The
last married a daughter of Rev. Samuel Dudley.]

1699.] PROVINCE. BELLOMONT. 155
desired a dismission. The governor forbade their departure.
Weare answered that he would not, by sitting there, put contempt
on the king's commission, meaning Partridge's, and withdrew.
The next day, the assembly ordered the money arising from the
impost and excise to be kept in the treasury, till the Earl of Bell-
omont's arrival; and the governor dissolved them.
These violences on his part were supposed to originate from
Usher's resentment, and his overbearing influence upon Allen,
who is said to have been rather of a pacific and condescending
disposition. The same ill temper continued during the remainder
of this short administration. The old counsellors, excepting Fry
er, refused to sit. Sampson Sheafe and Peter Weare made up
the quorum. Sheafe was also secretary ; Smith treasurer, and
William Ardell sheriff. The constables refused to collect the
taxes of the preceeding year, and the governor was obliged to
revoke his orders, and commission the former constables to do
the duty which he had forbidden.*1
In the spring, the earl of Bellomont set out for his eastern gov
ernments. The council voted an address, and sent a committee,
of which Usher was one, to present it to him at Boston ; and
preparations were made for his reception in New-Hampshire ;
where he, at length, came and published his commission, . . „
to the great joy of the people, who now saw at the head
of the government, a nobleman of distinguished figure and polite
manners, a firm friend to the revolution, a favorite of King Will
iam, and one who had no interest in oppressing them.
(1) MS. in the files.
. * [On the 6 January, 1699, the Eastern Indians renewed their submission
to the, Crown of England, at Casco Bay, near " Mare's point," (Coll. N. H.
Hist. Soc. ii. 265 — 26^) whereupon lieutenant-governor Stoughton issued a.
proclamation, a copy of which was sent to governor Allen, of New-Hampshire,
accompanied with the following letter, lately discovered among secretary
Waldron's papers.
" Honble Sir .- — Upon the late submission made by the Eastern Indians
which it's hoped will settle all things in a present quiet, I have thought fit,
with the advice and consent of his Ma:tys Council here, to emit a Proclama
tion (copy whereof is enclosed) to promote the regular settlement of the East
ern parts of this Province, and for regulating of Trade with the Indians, the
better to secure and preserve his Ma'tys Interests and the future peace and
tranquillity of his subjects, that ho just provocation may be given to the In
dians, or any abuse or injustice done them therein — the terms whereof the
governmt. here expect an exact compliance with, and conformity unto. And
judge it necessary for his Ma'tys service that your honour be acquainted
therewith, to the end his Ma : tys subjects within your Government may be
notified thereof in such way as you shall think most adviseable, that neither
the good intent of the sd. Proclamation be defeated, nor they suffer any loss
or damage by acting any thing contrary thereunto within the parts of this his
Ma : tys Government. "Assuring my selfe nothing will be wanting on your
honor's part to prevent the mischiefes that may ensue upon neglect of the due
observance thereof, I am with much respect, Sir,
Your very humble servant, Wm. Stoughton."
" Boston, February 16th : 1698."(1) (1) That is 1698-9.]

156 HISTORY OF NEW-HAMPSHIRE. [1699.
During the controversy with Allen, Partridge had withdrawn ;
but upon this change, he took his seat as lieutenant-governor, and
the displaced counsellors were again called to the board. A pe
tition was presented against the judges of the superior court, and
a proclamation was issued for justices of the peace and constables
only to continue in office, whereby the judges' commissions de
termined. Richard Jose was made sheriff in the room of Ardell,
and Charles Story secretary in the room of Sheafe.
The government was now modelled in favor of the people, and
they rejoiced in the change, as they apprehended the way was
opened for an effectual settlement of their long continued diffi
culties and disputes. Both parties laid their complaints before
the governor, who wisely avoided censuring either, and advised
to a revival of the courts of justice, in which the main controversy
might be legally decided. This was agreed to, and the necessary
acts being passed by an assembly, (who also presented the earl
with five hundred pounds which he obtained the king's leave to
accept) after about eighteen day's stay, he quitted the province,
leaving Partridge, now quietly seated in the chair, to appoint the
judges of the respective courts. Hinckes was made chief jus
tice of the superior court, with Peter Coffin, John Gerrish and
John Plaisted for assistants ; Waldron chief justice of the inferior
court, with Henry Dow, Theodore Atkinson and John Woodman
for assistants.1
One principal object of the earl's attention was, to fortify the
harbor, and provide for the defence of the country in case of
another war. He had recommended to the assembly, in his
speech, the building of a strong fort on Great Island, and after
ward, in his letters, assured them that if they would provide ma-
rftn terials, he would endeavor to prevail on the king to be at
June 6* tne exPense 0I" erecting it. Col. Romer, a Dutch En
gineer, having viewed the spot, produced to the assembly
an estimate of the cost and transportation of materials, amounting
to above six thousand pounds. They were amazed at the pro
posal ; and returned for answer to the governor, that in their
greatest difficulties, when their lives and estates were in the most
imminent hazard, they were never able to raise one thousand
pounds in a year ;* that they had been exceedingly impoverished
(I) Council Records.
* I have here placed in one view such assessments as I have been able to
find during the preceding war, with the proportion of each town, which varied
according to their respective circumstances at different times. MS. Laws.

1692.

1693.

1694.

1695.

Uncert.

1697.

Portsmouth,

70

210

167

129 6

140 1 6

Hampton,

66 13 4

200

230

172 14 6

187 2 41-2

Dover,

30

110

90

117 16 6
127 9 71-2
Exeter,
33 6 8
80
127
106 16
115 14
New-Castle,
£600
86
£700
£400
73 7
79 12 6
£200
£600
£650
1700.] PROVINCE. BELLOMONT. 157
by a long war, and were now struggling under an heavy debt,
besides being engaged in a controversy with '¦' a pretended pro
prietor ;" that they had expended more " blood and money" to
secure his majesty's interest and dominion in New-England than
the intrinsic value of their estates, and that the fortifying of the
harbor did as much concern Massachusetts as themselves ; but
they concluded with assuring his lordship, that if he were
" thoroughly acquainted with their miserable, poor and mean cir-
" cumstances, they would readily submit to whatever he should
" think them capable of doing."1 They were also required to
furnish their quota of men to join with the other colonies in de
fending the frontiers of New- York in case of an attack.* This,
they thought extremely hard, not only because they had never
received the least assistance from New-York in the late wars, but
because an opinion prevailed among them, that their enemies had
received supplies from the Dutch at Albany, and that the plunder
taken from their desolated towns had been sold in that place.
There was, however, no opportunity for affording this assistance,
as the New-Yorkers took care to maintain a good understanding
with the French and Indians, for the benefit of trade.2
But to return to Allen : He had as little prospect of success in
the newly established courts, as the people had, when Mason's
suits were carried on under Cranfield's government.3 On ex
amining the records of the superior court, it was found that twen
ty-four leaves were missing, in which, it was supposed, the judg
ments recovered by Mason were recorded. No evidence appeared
of his having obtained possession. The work was to begin anew;
and Waldron, being one of the principal landholders and most
strenuous opposers of the claim, was singled out to stand fore
most in the controversy with Allen, as his father had with Mason.
The cause went through the courts, and was invariably given in
favor of the defendant with costs. Allen's only refuge . g
was in an appeal to the king, which the court, following
the example of their brethren in the Massachusetts, refused to
admit. He then petitioned the king ; who, by an order in coun
cil, granted him an appeal, allowing him eight months to prepare
for its prosecution.
The refusal of an appeal could not fail of being highly resented
in England. It was severely animadverted on by the -„—
lords of trade, who, in a letter to the Earl of Bellomont APr.24*
upon this occasion, say : " This declining to admit ap-
(1) MS. in files. (2) Smith's Hist. New- York, p. 108, 175, 214. (3) Print
ed state of Allen's title, p. 9.
* The quotas of men to be furnished by each government for the defence of
New- York, if attacked, were as follows, viz.
Massachusetts 350 New-York 200 Pennsylvania 80
New-Hampshire 40 East New-Jersey 60 Maryland 160
Rhode-Island 48 West New-Jersey 60 Virginia 240
Connecticut 120

158 HISTORY OF NEW-HAMPSHIRE. [1701.
" pejils to his Majesty in council, is a matter which you ought
" very carefully to watch against in all your governments.
Apr. 29. (( T[ jg an j,umor tjiat prevails so much in proprieties and
" charter colonies, and the Independency they thirst after is now
" so notorious, that it has been thought fit those considerations,
" together with other objections against those colonies, should be
" laid before the parliament ; and a bill has thereupon been
" brought into the house of lords for re-uniting the right of gov-
" ernment in their colonies to the crown."1
Before this letter was written, the earl died at New-York, to the
great regret of the people in his several governments,
"" ' among whom he had made himself very popular. A copy
of the letter was sent to New-York ; but the bill mentioned in it
was not passed into an act of parliament. For some reasons of
state, it was rejected by the house of lords.
The assembly of New-Hampshire, having now a fair opportu
nity, endeavoured as much as possible to provide for their own
security; and passed two acts, the one for confirming the
ep ' ' grants of lands which had been made within their several
townships; the other for ascertaining the bounds of them.2 Part
ridge gave his consent to these acts; but Allen had the address
to get them disallowed and repealed because there was no re
serve made in them of the proprietor's right.3
The controversy being brought before the king, both sides pre
pared to attend the suit. Allen's age, and probably want of cash,
prevented his going in person ; he therefore appointed Usher to
. act for him, having previously mortgaged one half of the
' province to him, for fifteen hundred pounds. Vaughan
was appointed agent for the province, and attorney to Waldron.
» 7n2 It being a general interest, the assembly bore the expense,
May 29. anc^ notwithstanding their pleas of poverty on other occa-
, sions, provided a fund, on which, the agent might drawin
case of the emergency.
In the mean time, King William died, and Queen Anne ap
pointed Joseph Dudley, Esq., formerly president of New-England,
to be governor of Massachusetts and New-Hampshire ; whose
. . lonQ commission being published at Portsmouth, the assem-
July 13-18. , , , h ¦ i • i i • ¦ i •
bly, by a well timed present, interested him in their
favor, and afterward settled a salary on him during his adminis
tration, agreeably to the queen's instructions, who, about this
time, forbade her governors to receive any but settled salaries.4
When Allen's appeal came before the queen in council, it was
found that his attorney had not brought proof that Mason had ever
been legally in possession ;5 for want of this, the judgment recov
ered by Waldron was affirmed ; but the order of council directed
that the appellant ' should be at liberty to begin de novo by a writ
(1) MS. in files. (2) Hutch, vol. 2, p. 131. (3) MS. Laws. (4) Council
.and Assembly Records. (5) Printed state of Allen's title, p. 9.

1702.] PROVINCE. JOSEPH DUDLEY. 159
' of ejectment, in the courts of New-Hampshire, to try his title to
• the lands, or to quit rents payable for the same ; and that if any
' doubt in law should arise, the jury should declare what titles each
' party did severally make out to the lands in question, and that
' the points in law should be referred to the court ; or if any doubt
* should arise concerning the evidence, it should be specially
' stated in writing, that if either party should appeal to her maj-
' esty, she might be more fully informed, in order to a final de-
* termination.'1 While this appeal was depending, a petition was presented to
the queen, praying that Allen might be put in possession of the
waste lands. This petition was referred to Sir Edward Northey.
attorney general, who was ordered to report on three questions,
viz. 1. Whether Allen had a right to the wastes. 2. What
lands ought to be accounted waste. 3. By what method her
majesty might put him into possession. At the same time, Usher
was making interest to be re-appointed lieutenant-governor of the
province. Upon this, Vaughan entered a complaint to the queen,
setting forth 'that Allen claimed as waste ground, not only a
' large tract of unoccupied land, but much of that which had been
' long enjoyed by the inhabitants, as common pasture, within the
' bounds of their several townships. That Usher, by his former
' managements and misdemeanors when in office, had forced
' some of the principal inhabitants to quit the province, and had
' greatly harassed and disgusted all the rest, rendering himself
' quite unacceptable to them. That he was interested in the suits
' now depending, as on Allen's death, he would, in right of his
' wife, be entitled to part of the estate. Wherefore, it was hum-
' bly submitted, whether it would be proper to appoint, as lieu-
' tenant-governor, one whose interest and endeavor it would be
* to disseize the people of their ancient estates, and render them
' uneasy ; and it was prayed that no letters might be wrote to put
' Allen in possession of the wastes, till the petitioner should be
' heard by council.'2
Usher's interest however prevailed. The attorney-general
reported, that 'Allen's claim to the wastes was valid ; that i»0q
' all lands unenclosed and unoccupied were to be reputed Jan gg'
' waste ; that he might enter into and take possession of
' them, and if disturbed, might assert his right and prosecute tres-
' passers in the courts there ; but that it would not be proper for
' her majesty to interpose, unless the question should come be-
' fore her by appeal from those courts ; save, that it might be
' reasonable to direct (if Allen should insist on it at the trials)
' that matters of fact be found specially by the juries, and that
' these special matters should be made to appear on an appeal.'3
(1) MS. Copy of Lords Trade Report in 1758. Files of the Superior Court.
(2) Usher's papers. (3) Superior Court Files.

160 HISTORY OF NEW-HAMPSHIRE. [1703.
Soon after this, Usher obtained a second commission as lieu
tenant-governor ; but was expressly restricted from intermedh'ng
' with the appointment of judges or juries, or otherwise, in
y ' matters relating to the disputes between Allen and the
' inhabitants.' The people did not relish this re-appointment, nor
did his subsequent conduct reconcile them to it. Upon his first
appearance in council, Partridge look his seat as counsel-
' lor ; but the next day, desired a dismission on account of
a ship in the river, which demanded his constant attention. This
request was granted, and he soon after removed to Newbury,
where he spent the rest of his days in a mercantile department,
and in the business of his profession.*
It had always been a favorite point with Usher to get the books
and files, which had been taken from Chamberlain, lodged in the
secretary's office. Among these files, were the original minutes
of the suits which Mason had carried on, and the verdicts, judg
ments and bills of cost he had recovered. As they were commit
ted to the care of the recorder, who was appointed by the general
court and removable only by them, no use could be made of these
papers, but by consent of the assembly. When Usher produced
„ .to the council an order from Whitehall that these records
' should be deposited with the secretary, Penhallow, the
1704 recor^er> who was a member of the council, refused to
deliver them without an act of the general assembly au
thorising him to do so.
Usher succeeded but little better in his applications for money.
He alleged that he had received nothing for his former services,
though they had given hundreds to Partridge ; and he complained
that no house was provided for him to reside in, which obliged
him to spend most of his time at Boston. The plea of poverty
always at hand was not forgotten in answer to these demands.
But at length,. upon his repeated importunity and Dudley's earn
est recommendation, after the assembly had refused making any
provision for him, and the governor had expressly directed him
, . „ to reside at New-Castle, and exercise a regular command,
y ' it being a time of war ; the council were prevailed upon to
allow him two rooms in any house he could procure " till the next
meeting of the assembly," and to order thirty-eight shillings to
be given him for the expense of his "journey to and from Boston."
When Dudley acquainted the assembly with the royal deter
mination in Allen's suits, they appeared tolerably satisfied with
the equitable intention discovered therein ; but begged
him to represent to her majesty that ' the province was at
' least sixty miles long and twenty wide, containing twelve hun-
* His son Richard Partridge was an agent for the province in England.
One of his daughters was married to Governor Belcher, and was mother to
the late lieutenant-governor of Nova-Scotia.

1704.] PROVINCE. JOSEPH DUDLEY. 161
' dred square miles, that the inhabitants claimed only the property
1 of the lands contained within the bounds of their townships,
' which was less than one third of the province, and had been
' possessed by them and their ancestors more than sixty years ;
' that they had nothing to offer as a grievance if the other two
' thirds were adjudged to Allen ; but should be glad to see the
' same planted and settled for the better security and defence of
' die whole ; withal desiring it might be considered how much
' time, blood and treasure, had been spent in settling and defend-
' ing this part of her majesty's dominion, and that the cost and
' labor bestowed thereon far exceeded the true value of the land,
' so that they hoped it was not her majesty's intention to deprive
' them of all the herbage, timber and fuel, without which they
' could not subsist, and that the lands comprehended within the
' bounds of their townships was little enough to afford these neces-
' sary articles ; it not being usual in these plantations to fence in
' more of their lands than would serve for tillage, leaving the rest
' unfenced for the feeding, their cattle in common.'1
Notwithstanding this plea, which was often alleged, Allen, by
virtue of the queen's permission, had entered upon and Dec. 22.
taken possession by turf and twig of the common land 17"3.
in each township, as well as of that which was without their bounds.
He brought his writ of ejectment de novo against Waldron, and
when the trial was coming on, informed Governor Dudley of it,
that he might come into court and demand a special verdict
agreeably to the queen's instructions.2 Dudley, from Boston, in
formed the court of the day when he intended to be at Ports
mouth, and directed the judges to adjourn the court to that day.
Before it came, he heard of a body of Indians above ,»/»«
Lancaster, which had put the country in alarm, and or- A 10"
dered the court to be again adjourned. At length, he be
gan his journey ; but was taken ill at Newbury, with a seasonable
fit of the gravel, and proceeded no farther.3 The jury in the mean
time refused to bring in a special verdict ; but found for the de
fendant with costs. Allen again appealed from the judgment.
Perplexed, however, with these repeated disappointments, and
at the same time being low in purse, as well as weakened with
age, he sought an accommodation with the people, with whom he
was desirous to spend the remainder of his days in peace. It has
been said, that he made very advantageous offers to Vaughan
and Waldron, if they would purchase his title ; but that they ut
terly refused it. The people were sensible that a door was still
open for litigation ; and that after Allen's death, they might, per
haps, meet with as much or more difficulty from his heirs, among
whom Usher would probably have a great influence. They well
(1) Records of the Council and Assembly. (2) Usher's papers, (3) Print
ed state of Allen's title, p. 9.
23

162 HISTORY OF NEW-HAMPSHIRE. [1705.
knew his indefatigable industry in the pursuit of gain ; that he
was able to harass them in law, and had great interest in Eng
land. They, therefore, thought it best to fall in with Allen's
I7n«i views) afid enter into an accommodation with him. A
May 3* §enera': meeting of deputies being held at Portsmouth, the
following resolutions and proposals were drawn up, viz :
' That they had no claim or challenge to any part of the prov-
' ince without the bounds of the four towns of Portsmouth, Dover,
' Hampton and Exeter, with the hamlets of New-Castle and
' Kingston, which were all comprehended within lines already
' known and laid out, and which should forthwith be revised ; but
' that Allen and his heirs might peaceably hold and enjoy the said
' great waste, containing forty miles in length and twenty in
' breadth, or thereabouts, at the heads of the four towns afore-
' said, if it should so please her majesty ; and that the inhabitants
' of the four towns would be so far from interrupting the settle-
' ment thereof, that they desired the said waste to be planted and
' filled with inhabitants, to whom they would give all the encour-
' agement and assistance in their power. That in case Allen
' would, for himself and heirs, forever quit-claim, to the present
1 inhabitants and their heirs, all that tract of land comprehended
' within the bounds of the several towns, and warrant and defend
' the same against all persons, free of mortgage, entailment and
' every other incumbrance, and that this agreement should be ac-
' cepted and confirmed by the queen ; then they would lot and
' lay out to him and his heirs five hundred acres within the town
' of Portsmouth and New-Castle, fifteen hundred in Dover, fif-
( teen hundred in Hampton and Kingston, and fifteen hundred in
' Exeter, out of the commonages of the said towns, in such plac-
' es, not exceeding three divisions in each town, as should best
' accommodate him and be least detrimental to them ; and that
' they would pay him or his heirs, two thousand pounds current
' money of New-England at two payments, one within a year after
' receiving the royal confirmation of this agreement, and the other
' within a year after the first payment. That all contracts made
* either by Mason or Allen with any of the inhabitants, or others,
' for lands or other privileges in the possession of their tenants in
' their own just right, beside the claim of Mason and Allen, and
' no other, should be accounted valid ; but that if any of the pur-
' chasers, lessees or tenants should refuse to pay their just part
' of the sums agreed on, according to the lands they held, their
' share should be abated by Allen out of the two thousand pounds
' payable by this agreement. That upon Allen's acceptance, and
' underwriting of these articles, they would give personal security
' for the aforesaid payment ; and that all actions and suits de-
' pending in law concerning the premises should cease till the
' queen's pleasure should be known,'

1705.] province. Joseph Dudley. 163
These articles were ordered to be presented to Allen for his
acceptance i1 But so desirable an issue of the controversy was
prevented by his sudden death, which happened on the next day.
He left a son and four daughters, and died intestate.
Colonel Allen is represented as a gentleman of no remarkable
abilities, and of a solitary rather than a social disposition ; but
mild, obliging and charitable. His character, whilst he was a
merchant in London, was fair and upright, and his domestic de
portment amiable and exemplary. He was a member of the
church of England by profession, but constantly attended divine
worship in the congregation at New-Castle, and was a strict ob
server of the christian Sabbath. He died on the fifth of May,
1705, in the seventieth year of his age, and was buried in the
fort.2 After his death, his only son, Thomas Allen, Esq. of London,
renewed the suit, by petitioning the queen, who allowed him to
bring a new writ of ejectment, and ordered a revival of - „__
the directions given to the governor in 1703, with respect
to the jury's finding a special verdict. Accordingly, Al- M 16
len, having previously conveyed one half of the lands in
New-Hampshire, by deed of sale, to Sir Charles Hobby, and ap
pointed his mother Elizabeth Allen, his attorney, brought . ^
his writ of ejectment against Waldron in the inferior
court of common pleas, where he was cast. He then re- .. ]5
moved it by appeal to the superior court, where it had pn
been tried three years before. As this was the last trial, and as
all the strength of both parties was fullly displayed on the occa
sion, it will be proper to give as just a view of the case as can
now be collected from the papers on file in the office of the su
perior court.
On Allen's part, were produced copies of the charter by which
King James I, constituted the council of Plymouth ; their grants
to Mason in 1629 and 1635 ; his last will and testament ; an in
ventory of artillery, arms, ammunition, provisions, merchandize
and cattle left in the care of his agents here at his death ; depo
sitions of several ancient persons taken in 1685, who remember
ed the houses, fields, forts, and other possessions of Capt. Mason
at Portsmouth and Newichwannock, and were acquainted with
his agents, stewards, factors and other servants, who divided the
cattle and merchandize among them after his death ; the opin
ions of Sir Geoffrey Palmer, Sir Francis Winnington and Sir Wil
liam Jones in favour of the validity of Mason's title ; King Charles'
letter to the president and council of New-Hampshire in 1680;
the paragraph of Cranfield's commission which respects Mason's
claim in 1682; the writ, verdict, judgment and execution against
(1) MS. Copy of Report of Lords of Trade, 1753. (2) Atkinson's Letter,
MS. Emerson's funeral sermon and letter to Mr Prince, MS.

164 HISTORY OF NEW-HAMPSHIRE. [1707.
Major Waldron in 1683 ; the decision of the king in council
against Vaughan in 1686 ; Dudley's writ of certiorari in 1688 ;
the fine and recovery in Westminster-hall whereby the entail was
cut off, and the consequent deed of sale to Allen in 1691 ; Sir
Edward Northey's report in 1703 ; and evidence of Allen's tak
ing possession of the wastes, and of his inclosing and occupying
some land at Great Island. On this evidence, it was pleaded
that the title derived from Mgson, and his possession of the pro
vince, of which the lands in question were part, was legal ; that
the appellee's possession had been interrupted by the appellant
and those from whom he derived his tide, more especially by the
judgment recovered by Robert Mason against Major Waldron ;
and a special verdict was moved for, agreeably to the royal di
rections. The council on this side were James Meinzies and
John Valentine.
On Waldron's part, were produced the deed from four Indian
sachems to Wheelwright and others in 1629 ; and depositions
taken from several ancient persons, who testified that they had
lived with Major Waldron, when he began his plantation at Co
checho, about the year 1 640, and assisted him in building his
houses and mills, and that no person had disturbed him in the
possession thereof for above forty years. To invalidate the evi
dence of the title produced on the opposite side, it was pleaded,
that the grant from the council of Plymouth to Mason in 1629,
was not signed ; that livery and seizin were not endorsed on it as
on other of their grants, and as was then the legal form ; nor was
it ever enrolled according to statute : That the sale of part of
the same lands in 1 628 to the Massachusetts company, by an in
strument signed and executed according to law, renders this sub
sequent grant suspicious ; and that his pretending to procure
another grant of part of the same lands in 1635, was an argument
that he himself could not rely on the preceeding one, nor was
it credible that the same council should grant the same lands
twice, and to the same person : That the grant in 1635 was
equally defective ; and that he must relinquish one or the other,
it being contrary to the reason and usage of law to rely on two
several titles at once. It was urged, that Waldron's possession
was grounded on a deed from the native lords of the soil, with
whom his father had endeavored to cultivate a friendly connex
ion ; that he had taken up his land with their consent, when the
country was a wilderness ; had cultivated it, had defended it in
war_at a great expense, and at the hazard of his life, which he
finally lost in the attempt ; that the Indian deed was legally exe
cuted in the presence of the factors and agents of the company of
Laconia, of which Mason was one ; that this was done with the
toleration of the council of Plymouth, and in pursuance of the
great ends of their incorporation, which were to cultivate the

1707.3 PROVINCE. JOSEPH DUDLEY. 165
lands, to people the country and christianize the natives, for the
honor and interest of the crown and the trade of England, all
which ends had been pursued and attained by the appellee and
his ancestor. It was also alleged, that the writ against Major
Waldron in 1 683 was for " lands and tenements," of which the
quantity, situation and bounds were not described, for want of
which no legal judgment could be given ; that no execution had
ever been levied, nor was the possessor ever disturbed or amoved
by reason thereof; and that the copies produced were not attest
ed, no book of records being to be found. To invalidate the evi
dence of Mason's possession, it was observed, that he himself
was never here in person ; that all the settiement made by his
agents or successors was only a factory for trade with the Indians,
and principally for the discovery of a country called Laconia ;
and that this was done in company with several other merchant-
adventurers in London, who, for the security of their goods erect
ed a fort ; but that this could not amount to a legal possession,
nor prove a title to the country, especially as upon the failure of
trade, the object of their enterprise, they quitted their factory,-
after a few years stay in these parts.
As to the motion for a special verdict, it was said that a jury
could not find one, if they had no doubt of the law or fact, for
the reason of a special verdict is a doubt either in point of law
or evidence ; nor was it consistent with the privileges of Eng
lishmen that a jury should be compelled to find specially. In
addition to these pleas, it was further alleged, that by the statute
law, no action of ejectment can be maintained except the plain
tiff, or those under whom he claims, have been in possession with
in twenty years ; and if they have been out of possession sixty
years, then not only an ejectment, but a writ of right, and all
other real actions are barred in respect of a subject, and that in
such cases the right of the crown is also barred : and that by the
statute of 32 Hen. 8. ch. 9., it is enacted, that no person shall
purchase any lands or tenements, unless the seller, or they, by
whom he claims, have been in possession of the same or the re
version or the remainder thereof, or have taken the rents or pro
fits thereof by the space of one whole year next before such bar
gain is made ; and that the appellee and his ancestor, and no
other person whatever had been in possession of the premises,
nor was it ever pretended by the appellant that the Masons, of
whom the purchase was made, were in possession within one year,
or at any time before the alleged purchase ; that all the mischiefs
provided against by the above statute have been experienced
by the people of New-Hampshire from the purchase made by
the appellant's father, of the bare title of the propriety of the
province. The council on this side were John Pickering and
Charles Story.

166 HISTORY OF NEW-HAMPSHIRE. [1707.
A certificate from the lieutenant-governor respecting the
queen's directions was delivered to the jury who return-
ug' ' ed the following verdict : " In the cause depending be-
" tween Thomas Allen, Esq., appellant and Richard Waldron,
" Esq., defendant, the jury finds for the defendant a confirmation
" of the former judgment and costs of courts. Mark Hunking,
" foreman." The court then sent out the jury again, with this charge, " Gen-
" men, you are further to consider this case and observe her
" majesty's directions to find specially and your oaths." They
returned the second time with the same verdict ; upon which,
the court ordered judgment to be entered, and that the defendant
recover costs of the appellant. The council for the appellant
then moved for an appeal to her majesty in council ; which was
allowed on their giving bond in two hundred pounds to prose
cute it.
But the loyalty of the people, and the distresses under, which
they labored by reason of the war, prevailed on the queen's min
istry to suspend a final decision ; and before the appeal could be
heard, Allen's death, which happened in 1715, put an end to the
suit, which his heirs, being minors, did not renew.1

CHAPTER XII.
The war with the French and Indians, called Queen Anne's war. Conclu
sion of Dudley's and Usher's administration.
The peace which followed the treaty of Ryswick was but of
short duration, for the seeds of war were already sown both in
Europe and America. Louis had proclaimed the pretender king
of England, and his Governor, Villebon, had orders to extend his
province of Acadia to the river Kennebeck, though the English
court understood St. Croix to be the boundary between their ter
ritories and those of the French. The fishery was interrupted
fey French men of war, and by the orders of Villebon, who suffer
ed no English vessels to fish on the banks of Nova Scotia. A
French mission was established, and a chapel erected at Nor
ridgewog, on the upper part of Kennebeck, which served to ex
tend the influence of the French among the Indians. The gov
ernor of Canada, assuming the character of their father and pro
tector, instigated them to prevent the settlement of the English to
the east of Kennebeck, and found some among them ready to
jisten to his advice. The people in those parts were apprehen-
(1) Council and Assembly Records. Printed state of Allen's title, p. 10.

1703.] PROVINCE. JOSEPH DUDLEY. 167
sive of danger and meditating a removal, and those who had en
tertained thoughts of settling there were restrained.
Things were in this posture, when Dudley entered on his gov
ernment. He had particular orders from England to rebuild the
fort at Pemaquid ; hut could not prevail on the Massachusetts
assembly to bear the expense of it. However, he determined on
a visit to the eastern country, and having notified his intention to
the Indians, took with him a number of gentlemen of both ._„„
provinces,* and held a conference at Casco with delegates jnne2o!
from the tribes of Norridgewog, Penobscot, Pequawket,
Penacook and Ameriscoggin ; who assured him that " as high as
" sun was above the earth, so far distant was their design of ma-
" king the least breach of the peace." They presented him a
belt of wampum in token of their sincerity, and both parties went
to two heaps of stones which had formerly been pitched and called
the Two Brothers, where the friendship was further ratified by
the addition of other stones. They also declared, that although
the French emissaries among them had been endeavoring to break
the union, yet it was " firm as a mountain, and should continue
" as long as the sun and moon." Notwithstanding these fair ap
pearances, it was observed that when the Indians fired a salute
their guns were charged with shot ; and it was suspected that they
had then formed a design to seize the governor and his attendants,
if a party which they expected from Canada, and which arrived
two or three days after, had come in proper season to their as
sistance. However this might be, it is certain that in the . ...
space of six weeks, a body of French and Indians, five
hundred in number, having divided themselves into several parties,
attacked all the settlements from Casco to Wells, and killed and
took one hundred and thirty people, burning and destroying all
before them.f
The next week, (August 1 7) a party of thirty Indians under
Captain Tom, killed five people at Hampton village; among
whom was a widow Mussey, a noted speaker among the Friends,
and much lamented by them. They also plundered two houses ;
but the people being alarmed, and pursuing them, they fled. J
The country was now in terror and confusion. The women
and children retired to the garrisons. The men went armed to
their work and posted sentinels in the fields. Troops of horse
* Mr. Hutchinson has misplaced this transaction by a year, fin the third
edition of Hutchinson's History, printed in 1795, this transaction is assigned
to the year 1703.]
t Mr. Hutchinson takes no notice of this remarkable devastation, which is
particularly related by Mr. Penhallow in his " Wars of New-England," p. 6.
[See Coll. N. H. Hist. Soc. i. 23.]
X [The five who were killed were Jonathan Green, Nicholas Bond, Thomas
Lancaster, Widow Mussey, and a little boy of Will. Hinckley. Lancaster
and the Widow Mussey were Quakers. Town Records of Hampton.]

163 HISTORY OF NEW-HAMPSHIRE. [1703
were quartered at Portsmouth and in the province of Maine. A
scout of three hundred and sixty men marched toward Pequawk-
et, and another to the Ossipee ponds, but made no discoveries.
Alarms were frequent, and the whole frontier country from Deer-
field on the west, to Casco on the east, was kept in continual ter
ror by small parties of the enemy.
In the fall, Col. March, of Casco, made a visit to Pequawket,
where he killed six of the enemy and took six more. This en
couraged the government to offer a bounty of forty pounds for
scalps. As the winter came on, the frontier towns were ordered to- pro
vide a large number of snow-shoes ; and an expedition was plan
ned in New-Hampshire, against the head-quarters of the Indians.
Major Winthrop Hilton, and Captain John Gilman of Exeter,
Captain Chesley and Captain Davis of Oyster river, marched
with their companies on snow-shoes into the woods ; but return
ed without success. This is called in the council books " an
honorable service." Hilton received a gratuity of twelve, and
each of the captains, five pounds.
With the return of spring, there was a return of hostilities ; for
notwithstanding the posting a few southern Indians in the garrisons
. „„ . at Berwick, the enemy appeared at Oyster river, and shot
Apr 25 Nathaniel Medar,* near his own field, and the next day,
killed Edward Taylor, near Lamprey river, and captiva
ted his wife and son. These instances of mischief gave color to
a false alarm at Cochecho, where it was said, they lay in wait for
Col. Waldron a whole day, but missing him by reason of his ab
sence from home, took his servant maid as she went to a spring
for water ; and having examined her as to the state of the garri
son, stunned her with an hatchet, but did not scalp her. (The
girl invented this story to palliate her too long absence. )f
In May, Col. Church, by Governor Dudley's order, having
planned an expedition to the eastern shore, sailed from Boston
with a number of transports, furnished with whaleboats for going
up rivers. In his way, he stopt at Pascataqua, where he was
joined by a body of men under Major Hilton, who was of emi
nent service to him in this expedition,! which lasted the whole
* [He was the son of John Medar, and was born at Durham, 14 June, 1671.
Descendants of the family still remain in New-Hampshire.]
t [This sentence is added by the author in the corrected copy. Rev. Mr.
Pike in his MS. Journal thus notices this affair : " Ap. 28. Thamsin Me-
sarvey, Mr. Waldron's maid servant was taken by four Indians, betwixtsun-
set and dark, at a spring in the major's pasture, between his house formerly
burnt, and barn, and after examination was knockt down and left for dead,
hut recovered again — the enemy flying away hastily at the outcry of the
watch, by which means Mr. Waldron escaped that was then coming over the
Boom."] X This is called in the council books " an expedition to Port-Royal," 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.

1704.J PROVINCE. JOSEPH DUDLEY. 169
summer, and in which they destroyed the towns of Minas and
Chignecto, and did considerable damage to the French and In
dians at Penobscot and Passamaquoddy, and even insulted Port
Royal. While they were at Mount Desert, Church learned from
nine of his prisoners, that a body of six hundred Indians* were
preparing for an attack on Casco, and the head of Pascataqua
river ; and sent an express to Portsmouth which obliged the peo
ple to be vigilant. No such great force as this appeared ; but
small parties kept hovering on the outskirts. At Oyster river,
they wounded William Tasker ;f and at Dover, they laid in am
bush for the people on their return from public worship, but hap
pily missed their aim. They afterward mortally wound
ed Mark Giles at that place, and soon after, killed several s'
people in a field at Oyster river, whose names are not men
tioned.! In the former wars, New-Hampshire had received much assist
ance fromtheir brethren of Massachusetts ; but these now re
monstrated to the governor that his other province did not bear
their proportion of the charge for the common defence. The
representatives of New-Hampshire urged, in reply, the different
circumstances of the two provinces ; " most of the towns in
Massachusetts being out of the reach of the enemy, and no oth
erwise affected by the war than in the payment of their part of
the expense, whilst this province was wholly a frontier by sea and
land, and in equal danger wi'h the county of York, in which four
companies were stationed, and the inhabitants were abated their
proportion of the public charges." They begged that twenty of
the friendly Indians might be sent to scout on their borders, which
request the governor complied with.1
In the winter, Col. Hilton with two hundred and seventy men,
including the twenty Indians, were sent to Norridgewog 170c
on snow shoes. They had a favourable season for
(1) Council Records.
* I suppose this is the party whom Penhallow mentions, p. 23, who quarrel
led on their march about dividing the plunder which they might take, and of
whom two hundred returned while the rest pursued their march, and did dam
age at Lancaster and Groton.
t [This name is Tasket in the records of the court of Quarter Sessions. —
He had been in 1686, " several times summoned to attend this court, or some
justice of the peace, upon complaint made against him for cruelty to his ap
prentice, Joseph Pitman," who was, in 1686, by the court, discharged from the
service of the said Tasket.]
X [From the MS. Journal of the Rev. John Pike, it appears that on the 19
of August, Joseph Pitman was slain by the Indians, as he waB guarding some
mowers, not far from Oyster River Meeting house. It is also stated that John
Giles, the son of Mark Giles, was killed at the same time with his father.
The party of Indians who attacked them was seven or eight. Mr. Pike, in
his Journal, has no notice of William Tasker, but he records the death
of Samuel Tasker, who was killed on the first day of June, at Oyster
River.]
24

170 HISTORY OF NEW-HAMPSHIRE. [1705.
their march, the snow being four feet deep. When they arrived
there, finding no enemy to contend with, they burnt the deserted
wigwams, and the chapel. The officers who went on this expe
dition complained that they had only the pay of private sol
diers.* The late repairs of fort William and Mary at New-Castle were
always complained of as burdensome to the people, and a repre
sentation thereof had been made to the queen, who instructed
Dudley to press the assembly of Massachusetts to contribute to the
expense ; as the river belonged equally to both provinces. They
urged in excuse that the fort was built at first at the sole charge
of New-Hampshire, to whom it properly belonged ; that the
whole expense of the repairs did not amount to what several of
their towns singly paid toward the support of the war for one
year ; that all the trade and navigation of the river, on both sides,
paid a duty toward maintaining that fortress ; and that they had
been at great expense in protecting the frontiers of New-Hamp
shire, and the parties who were employed in getting timber and
masts for her majesty's service ; while New-Hampshire had nev
er contributed any thing to the support of the garrisons, forces
and guards by sea, which were of equal benefit to them as to
Massachusetts. One thing which made New-Hampshire more
in favor with the queen was, that they had settled a salary on her
governor, which the others never could be persuaded to do. The
repairs of the fort, however, went on without their assistance, un
der the direction of Col. Romer ; and when they were complet
ed, a petition was sent home for a supply of cannon, ammunition
and stores.
The next summer was chiefly spent in negotiating an exchange
of prisoners ; and Dudley had the address to protract the ne
gotiation, under pretence of consulting with the other governments
about a neutrality proposed by the governor of Canada, by which
means the frontiers in general were kept tolerably quiet, although
the enemy appeared once or twice in the town of Kittery. The
line of picketsf which enclosed the town of Portsmouth was re
paired, and a nightly patrole established on the sea shore, from
Rendezvous Point to the bounds of Hampton, to prevent any
* [It was on the 21 January, this year, that the English settlements at
Newfoundland were attacked by the French and Indians under M. de Suber-
case. Rev. John Pike, in his MS. Journal, says that the attack was made by
a strong party of French and Indians (Penhallow says 550 ; Charlevoix,450)
on Sabbath night, and that they " destroyed all excepting the forts. They
cut off about seventy families, sparing none save a few young men, that
were fit for service. They afterwards besieged the fort at St. John's for di
vers weeks but could not take it." Pike, MS. Journal. — Penhallow, in Coll.
N. H. Hist. Soc. i. 44, 45. — Holmes, Annals of America, i. 492, who quotes
Charlevoix, Nouv. France, ii. 298, 299.— Univ. Hist. 155.]
t This line extended from the fnill-pond on the south, to the creek on the
north side of the town. It crossed the main street a few rods westward of the
spot where the State House [in Portsmouth] now stands.

1705.] PROVINCE. JOSEPH DUDLEY. 171
surprise by sea ; the coast being at this time infested by the ene
my's privateers.
During this truce, the inhabitants of Kingston who had left the
place, were encouraged to petition for leave to return to their
lands ; which the court granted on condition that they should
build a fort in the centre of the town, lay out a parsonage and
settle a minister, within three years. This last condition was
rendered impracticable by the renewal of hostilities.*
The governor of Canada had encouraged the Indians who in
habited the borders of New-England to remove to Canada, where
being incorporated with the tribe of St. Francis, they have ever
since remained. By this policy, they became more firmly at
tached to the interest of the French, and were more easily des
patched on their bloody business to the frontiers of New-England,
with which they were well acquainted. Dudley, who was general
ly apprized of their movements, and kept a vigilant eye upon them,
apprehended a rupture in the winter ; and gave orders for a cir
cular scouting march, once a month, round the heads of the towns
from Kingston to Salmon falls ; but the enemy did not appear till
April ; when a small party of them attacked the house of . „0f,
John Drew at Oyster river, where they killed eight and
wounded two. The garrison was near, but not a man in it : the
women, however, seeing nothing but death before them, fired an
alarm, and then putting on hats, and loosening their hair that they
might appear like men, they fired so briskly that the enemy, ap
prehending the people were alarmed, fled without burning or even
plundering the house which they had attacked. John Wheeler,
meeting this party and mistaking them for friendly Indians, un
happily fell into their hands and was killed, with his wife and *wo
children. Four of his sons took refuge in a cave by the bank of
the Little Bay, and though pursued by the Indians, escaped un
hurt, f
In July, Colonel Schuyler, from Albany, gave notice to Dudley
* [Kingston had been incorporated in 1694. The charter, granted by Lieut.
Gov. Usher, is dated 6 of August. The first inhabitants were Ebenezer Web
ster, ancestor of Hon. Daniel Webster, Moses Elkins, Jonathan Sanborn,
Ichabod Robie, who died 15 May, 1757, aged 92, Aaron Sleeper, Thomas
Webster, Thomas Philbrick, and Jabez Colman, who was killed by the In
dians, as will be seen, under 1724. Benjamin, son of Thomas and Sarah
Webster, born in 1701, is said to have been the first child born in the place.
Kingston in 1725, contained 81 families. In 1732, it had 164 ratable inhab
itants and 115 dwelling houses, of which 64 were two stories high. In 1767,
it numbered 999 inhabitants, but before this time, East-Kingston, Sandown
and Hawke had been detached from it. The first .having built a meeting
house as early as 1738, was that year incorporated as a parish. Sandown
was incorporated in 1756 and Hawke in 1760.]
t [This outrage occurred on the 27 of April. On the fourth of June fol
lowing, George Ricker and Maturin Ricker, of Cochecho, were slain by the
Indians. George was killed while running up the lane, near the garrison.
Maturin was killed in his field, and his son, a boy, was taken captive. Pike's
MS. Journal.]

172 HISTORY OF NEW-HAMPSHIRE. [1706.
that two hundred and seventy of the enemy were on their march
toward Pascataqua, of which he immediately informed the peo
ple, and ordered them to close garrison, and one half of the mil
itia to be ready at a minute's warning. The first appearance of
this body of the enemy was at Dunstable ;* whence they proceed
ed to Amesbury and Kingston, where they killed some cattle.
Hilton, with sixty four men, marched from Exeter; but was o-
bliged to return without meeting the enemy. The reason he gave
to the council for returning so soon was the want of provision,
there being none in readiness at the garrisons, notwithstanding a
law lately enacted, enjoining it on every town to have stores ready
and deposited in the hands of their captains. For the same rea
son, he had been obliged to discontinue a small scout, which he
had for some time kept up. Hilton was so brave and active an
officer that the enemy had marked him for destruction ; and for.
this purpose a party of them kept lurking about his house, where
they observed ten men to go out one morning with their scythes,
and lay aside their arms to mow ; they then crept between the
men and their guns, and suddenly rushed on them, killed four,
wounded one, and took three. Two only of the whole number es
caped. f They missed the major for this time, and two of their
prisoners escaped ; but suffered much in their return, having
nothing to subsist on for three weeks, but lily roots and the rinds
. „ of trees. After this, they killed William Pearl,! and
took Nathaniel Tebbets at Dover. It was observed dur
ing this war, that the enemy did more damage in small bodies
than in larger, and by scattering along the frontiers, kept the peo
ple in continual apprehension and alarm ; and so very few of them
fell into our hands, that in computing the expense of the war it
was judged that every Indian killed or taken, cost the country a
thousand pounds. H1 (1) Penhallow, p. 40.
* [Joseph Kilburn and Jeremiah Nelson of Rowley were killed by the In
dians at Dunstable, 10 July 1706, and John Pickard was mortally wounded,
and died at Billerica, on the 5 August following. MS. Letter of J. CofEn,
S. H.S.]
t [Rev. Mr. Pike says that three escaped, viz. Joseph Hall, John Taylor,
who was " sorely wounded, but recovered," and one other. Those captured
were Edward Hall, Samuel Mighill and a mulatto. The four persons killed
were Richard Mattoon, Hubertas Mattoon, son of Richard, Robert Barber and
Samuel Pease. The number of the enemy was about twenty, who attacked
the English as they were mowing in a field, between Exeter and Lamprey
River. Rev. Mr. Pike.]
t [Rev. Mr. Pike says Nicholas Pearle. " He was slain by the Indiana in
the day time in his cave, some miles above Oyster river, where he dwelt night
and day, winter and summer, from the last breaking out of the war, precisely
three years, though 'twas in the very wake and way where the enemy used
to pass. He was a man of strange confidence and would not be persuaded to
leave his place." Rev. John Pike, MS. Journal.]
|J [" Benjamin Fifield, aged about 60 years, was barbarously killed (in hia

1707.] PROVINCE. JOSEPH DUDLEY. 173
In the following winter, Hilton made another excursion to the
eastward, and a shallop was sent to Casco with stores and . „__
provisions for his party, consisting of two hundred and
twenty men. The winter being mild, and the weather unsettled,
prevented their marching so far as they intended : cold dry weath
er and deep snow being most favorable to winter expeditions.
However, they came on an Indian track, near Black Point, and
pursuing it, killed four, and took a squaw who conducted
them to a party of eighteen, whom they surprised as they
lay asleep on a neck of land at break of day, and of whom they
killed seventeen, and took the other. This was matter of triumph
considering the difficulty of finding their haunts. It was remark
ed that on the very morning that this affair happened, it was re
ported, with but little variation from the truth, at Portsmouth,
though at the distance of sixty miles.
When Church went to NoVa-Scotia, he very earnestly solicited
leave to make an attempt on Port Royal ; but .Dudley would not
consent, and the reason he gave was, that he had written to the
ministry in England, and expected orders and naval help to re
duce the place. His enemies however assigned another reason
for his refusal ; which was, that a clandestine trade was carried
on by his connivance, and to his emolument, with the French
there. This report gained credit and occasioned a loud call for
justice. Those who were directly concerned in the illegal traffic,
were prosecuted and fined ; and the governor suffered much in
his reputation.1 To wipe off these aspersions, he now determined
to make an attack in earnest on Port Royal, even though no assis
tance should come from England. It was intended that an arma
ment should be sent to America, and the commander was ap
pointed ; but the state of affairs in Europe prevented their com-

m

*
a* (1) Hutch. Hist. Mass. vol. 2, p. 154.

pasture not far from his house) by the Indians, August 1, 1706." Town
Records of Hampton.
On the 3 of July, the same year, Nathaniel Blanchard, Lydia Blanchard,
his wife, Susan Blanchard, their daughter, Mrs. Hannah Blanchard, Mrs.
Cummings, the wife of John Cummings, and Rachel Galusha, were killed by
the Indians at Dunstable. Records of Dunstable.
It appears from Penhallow, (Coll. N. H. Hist. Soc. i. 48) that the Indians
fell on a garrison in Dunstable, "that had twenty troopers posted in it, who
by their negligence and folly, keeping no watch, suffered them to enter,
which tended to the destruction of one half of their number. After that, a
small party attacked Jacob Galusha's house, who held them in play for some
time, till the old man's courage failed," and he surrendered himself. "About
the same time," says Penhallow, " Joseph English, who was a friendly In
dian, going from Dunstable to Chelmsford, with a man and his wife on horse,
back, was shot dead, the woman taken, but the man made his escape." See a
more particular account of the attack on Dunstable, on the 3 July, 1706, in
Coll. of N.H. Hist. Soc. i, 133, and in Pike's MS. Journal.]
* [1707. On the 23 June, this year, a petition, alleging various instances
of misconduct in Governor Dudley was presented to Queen Ann at Windsor.

174 HISTORY OF NEW-HAMPSHIRE. [1707.
Early in the spring, the governor applied to the assemblies of
both his provinces, and to the colonies of Rhode Island and Con
necticut, requesting thein to raise one thousand men for the ex
pedition. Connecticut declined ; but the other three raised the
whole number, who were disposed into two regiments, of which
Colonel Wainwright commanded the one, and Colonel Hilton the
fi other. They embarked at Nantasket in twenty three
ay ' transports furnished with whaleboats, under convoy of the
Deptford man of war, Captain Stuckley, and the province galley,
Captain Southack. The chief command was given to Colonel
March, who had behaved well in several scouts and rencounters
with the Indians, but had never been tried in such service as this.
They arrived before Port Royal in a few days, and after
ay ' burning some houses, killing some cattle round the fort,
and making some ineffectual attempts to bombard it, a jealousy
and disagreement among the officers, and a misapprehension of
of the state of the fort and garrison, caused the army to break up
and reimbark in a disorderly manner. Some of the of-
' ' ficers went to Boston for orders ; some of the transpprts
put in at Casco; a sloop with Captain Chesley's company of six
ty men arrived at Portsmouth : Chesley suffered his men to dis-
June 13 Perse> uut ordered them to return at the beat of the
' drum : Being called to account for this conduct, he plead
ed that " general orders were given at Port Royal for every man
' to make the best of his way home."1 The governor, highly
chagrined and very angry, sent orders from Boston that if any
more vessels should arrive, the men should not be permitted to
come on shore " on pain of death." After a while, he ordered
Chesley's company to be collected and reimbarked, offering a
pardon to those who might voluntarily return, the rest to be se
verely punished. By the latter end of July, they went on board,
and with the rest of the army, returned to the place of action.
At the landing, an ambuscade of Indians from among the sedge
on the top of a sea-wall, greatly annoyed the troops. Major
Walton* and Captain Chesley, being then on shore with the
New-Hampshire companies, pushed their men up the beach,
flanked the enemy, and after an obstinate strug|le put them to
(1) Council Records.
The same petition was read before the general assembly of New-Hampshire,
when the council and representatives in full assembly, nemine contradicente,
voted that some of the charges were scandalous, unheard of, and false re
proaches, and drew up an address to the queen in which " they acquit and
justify his administration from all those calumnies and pray her majesty's fa
vor to him." Dudley's Defence and Apology in MS. dated 10 Nov. 1707.]
* [Shadrach Walton, son of George Walton (see note to page 94) was born
in 1658, and was often engaged in public life. He was appointed by manda
mus, one of the counsellors of the province in 1716, and died 3 October, 1741,
aged 83 years. Benjamin Walton, who graduated at Harvard college in 1729,
is said by Mr. Winthrop to have been a son of Colonel Walton.]

1707.] PROVINCE. JOSEPH DUDLEY. 175
flight. The command was now given to Wainwright, and the ar
my put under the direction of three supervisors ; but no means
could inspire that union, firmness and skill which were necessary.
By the last of August, the whole affair was at an end, and the
army returned sickly, fatigued, disheartened, and ashamed; but
with no greater loss than sixteen killed and as many wounded.
While this unfortunate expedition was in hand, the frontiers
were kept in continual alarm. Two men were taken M
from Oyster river, and two more killed* as they were ay '
driving a team between that place and Dover. Captain y 3'
Sumersby pursued with his troop and recovered the contents of
the cart. Stephen and Jacob Gilman, brothers, were ambushed
between Exeter and Kingston ; their horses were killed, but both of
them escaped to the garrison.1 Kingston, being a new plantation,
was much exposed, and was this summer weakened by the de
sertion of eight men. The remaining inhabitants complained to
the government, who ordered the captains of Exeter and Hamp
ton to take them up as deserters, and oblige them to return to the
defence of their settlements, or do duty at the fort during the
governor's pleasure.2 They were afterwards bound over to the
sessions for contempt of orders. The state of the country
at this time was truly distressed; a large quota of their best
men were abroad, the rest harassed by the enemy at home,
obliged to continual duty in garrisons and in scouts, and subject
to severe discipline for neglects. They earned their bread at the
continual hazard of their lives, never daring to stir abroad unarm
ed. They could' till no lands but what were within call of the
garrisoned houses, into which their families were crowded ; their
husbandry, lumber trade and fishery were declining, their taxes
increasing, their apprehensions both from the force of the enemy
and the failure of the Port Royal expedition, were exceedingly
dismal, and there was no prospect of an end to the war, in which
they - were now advanced to the fifth summer. Yet under all
these distresses and discouragements, they resolutely kept their
ground and maintained their garrisons, not one of which was cut
off during the whole of this war, within the limits of New-Hamp
shire. In September, one man was killed at Exeter, and two Sept. 15,
days after, Henry Elkins at Kingston. But the severest Sept. 17,
blow on the frontiers . happened at Oyster river, a place which
suffered more than all the rest. A party of French Mohawks
painted red, attacked with an hideous yell a company who were
in the woods, some hewing timber and others driving a team, un«
(1) Penhallow, p. 45. (2) Council Records.
* [John Bunker and Ichabod Rawlins, both of Dover. The enemy were
supposed to be from 20 to 30. They slaughtered many cattle at the same
time. Rev. John Pike, MS. Journal.]

176 HISTORY OF NEW-HAMPSHIRE. [1707.
der the direction of Captain Chesley, who was just returned the
second time from Port Royal. At the first fire, they killed seven
and mortally wounded another. Chesley, with the few who were
left fired on the enemy with great vigor, and for some time check
ed their ardor ; but being overpowered, he at length fell. He
was much lamented, being a brave officer. Three of the scalps
taken at this time were soon after recovered at Berwick.
The next year, a large army from Canada was destined against
the frontiers of New-England. Dudley received information of
„„„ it in the usual route from Albany, and immediately or-
" dered guards in the most exposed places of both his prov
inces. A troop under Captain Robert Coffin patroled from Kings
ton to Cochecho, and scouts were kept out continually. Spy-
boats were also kept out at sea between Pascataqua and Winter
harbors. Four hundred Massachusetts soldiers were posted in
this province. The towns were ordered to provide ammunition,
and all things were in as good a state of preparation as could be
expected. At length, the storm fell on Haverhill; but the
ug' ' enemy's force having been diminished by various acci
dents, they proceeded no farther, and every part of New-Hamp
shire was quiet. Hilton made another winter march to Pequaw-
ket with one hundred and seventy men, but made no discovery.1
The next spring, William Moody,* Samuel Stevens, and two
sons of Jeremiah Gilman were taken at Pickpocket-mill in
1 709. Exeter, and soon after, Bartholomew Stevenson was kill—
ay ' ed at Oyster river. Colonel Hilton and Captain Davisf
performed their usual tour of duty in scouting, and the people this
summer kept close in garrison, on a report that two hundred
' Indians had marched against them from Montreal. But
the principal object now in view was a desire of wiping off the
disgrace of a former year by an attempt, not on Port Royal, but
on Canada itself. For this purpose, solicitations had been made
in England by Francis Nicholson, Esq., who had been lieutenant-
(]) Penhallow, 45, 48.
* [He was retaken within a month afterwards by some Deerfield men, who,
in their course up French river, met with a body of the enemy in canoes, on
whom they fired, and overset, killing and wounfling several of them. In one
of their canoes was William Moody with only one Indian with him. The
English persuaded him to make his escape by killing his adversary. This
he attempted to do, but overset the canoe in the struggle, and then swam to
wards the shore, and was met on the bank of the river, by several English
who came to his rescue. In the mean time, a number of the enemy arrived at
the bank, re-captured Moody, who was most inhumanly tortured by being
fastened to a stake and roasted alive. His flesh was afterward devoured by
the savages. Penhallow in' Coll. N. H. Hist. Soc. i. 60, 61. Pike, MS.
Journal.] t [James Davis was the son of John Davis of Dover, and was born 23 May,
1662. He was an active and useful officer, and after this period became a
colonel of the militia. He died in 1749, aged 87. He had nine children,
whose ages averaged 87 years' each.]

1709.] PROVINCE. JOSEPH DUDLEY. 177
governor of Virginia, and Captain Samuel Vetch, a trader to No
va-Scotia, who was well acquainted with the French settlements
there, and made a full representation of the state of things in A-
merica to the British ministry. An expedition being determined
upon, they came over early in the spring with the queen's com
mand to the governors of the several provinces, to raise men for
the service. Vetch was appointed a colonel, and Nicholson, by
nomination of the governor of New-York, and consent of the
other governments, was made commander in chief. The people
of New-Hampshire were so much exhausted, and their men had
been so ill paid before, that it was with great difficulty, and not
without the dissolution of one assembly and the calling of another,
that they could raise money to levy one hundred men and procure
two transports for conveying them. After the utmost exertions
had been made by the several governments, and Nicholson with
part of the troops had marched to Wood-creek, and the rest with
the transports had lain at Nantasket three months waiting for a
fleet, news arrived that the armament promised from England was
diverted to another quarter. Upon which, the commander of the
frigates on the Boston station refused to convey the troops, the
whole army was disbanded, and the expense the colonies had
been at was fruitless. A congress of governors and delegates
from the assemblies met in the fall at Rhode-Island, who recom
mended the sending of agents to assist Colonel Nicholson in rep
resenting the state of the country, and soliciting an expedition
against Canada the next spring. The ministry at first seemed to
listen to this proposal, but afterward changed their minds, 1710
and resolved only on the reduction of Port Royal. For
this purpose, Nicholson came over in July with five frigates and a
bomb ketch ; the colonies then had to raise their quotas ;
the New-Hampshire assembly ordered one hundred men, ug'
who were got ready as soon as possible, and put under the com
mand of Colonel Shadrach Walton. The whole armament sailed
from Boston the eighteenth of September, and on the twenty-
fourth, arrived at the place. The force now being equal to its
reduction, Subcrease, the governor, waited only the compliment
of a few shot and shells as a decent pretence for a surrender ;
which was completed on the fifth of October, and Vetch was ap
pointed governor of the place which in honor of the queen was
called Annapolis.1
Whilst this expedition was in hand, and before the appointment
of the commanders, New-Hampshire sustained an heavy loss in
the death of Colonel Winthrop Hilton. This worthy offi-
cer being concerned in the masting business, and having u y
several large trees felled about fourteen miles from home, went out
(1) Hutchinson and Penhallow. [The latter spells the name of the French
governor Supercass, while the former has it Subercase.]
25

178 HISTORY OF NEW-HAMPSHIRE. [1710.
with a party to peel the bark that the wood might not be injured
by worms. While engaged in this business, they were ambushed
by a party of Indians, who, at the first fire, killed Hilton with two
more, and took two ; the rest being terrified, and their guns being
wet, made no opposition, but escaped. The next day, one hun
dred men marched in pursuit, but discovered only the mangled
bodies of the dead. The enemy in their barbarous triumph had
struck their hatchets into the colonel's brains, and left a lance in
his heart. He was a gentleman " of good temper, courage and
" conduct, respected and lamented by all that knew him," and
was buried with the honors due to his rank and character.1 *
Flushed with this success, they insolently appeared in the open
road at Exeter, and took four children who were at their play.
They also took John Wedgwood, and killed John Magoon near
his brother's barn, a place which for three days, he had visited
with a melancholy apprehension arising from a dream that he
should there be murdered.
The same day that Hilton was killed, a company of Indians
who had pretended friendship, who the year before had been
peaceably conversant with the inhabitants of Kingston, and seem
ed to be thirsting after the blood of the enemy, came into the
town, and ambushing the road, killed Samuel Winslow and Sam
uel Huntoon. They also took Philip Huntoon and Jacob Gil-
man, and carried them to Canada ; where, after some time, they
(1) Penhallow, p. 58.
* [Colonel Hilton was about 39 years of age. He was descended from two
of the most distinguished fathers of New-England. His father Edward Hil
ton, who was son of Edward Plilton, the first settler at Dover, married Ann
Dudley, born 16 October, 1641, who was daughter of Rev. Samuel Dudley
and Mary Winthrop, the son and daughter of governors Thomas Dudley and
John Winthrop. Col. Hilton married Ann Wilson, of Exeter, who, after his
death, married Capt. Jonathan Wadleigh, and died 8 March, 1744. Thechil-
dren of Colonel Hilton were five daughters and one son, Winthrop, who was
born 21 Dec. 1710, five months after his father's death. He married widow
Wiggin, originally Martha Weeks, of Greenland. Their children were, 1.
Winthrop, of Newmarket, who was killed by the fall of a tree in January,
1775, (N.H. Gazette) leaving children, Andrew, Winthrop, Sarahand Ichabod ;
2. Ichabod, who died in March, 1822, aged 82, and whose children were
Winthrop, of Newmarket, Susanna and Ann. There is a valuable memoir of
Col. Hilton in the Collections of Farmer and Moore, for 1822, vol. i. 241—
251. At the close of it, it is said, " the colonel, respected and lamented by all
who knew him, was buried with the honors due to his rank and character, in
his own field on the west bank of Lamprey river by the side of his Ameri
can ancestors, where several of his descendants of four generations have
since been gathered around him. A cluster of wild, rose bushes grows rank
over his grave, and the inscription on his moss-covered monument shows
when a brave and a good man died, and where the remains of him who sincere
ly loved and faithfully served both God and his country, have long since
mouldered into dust." Dudley Hilton, a brother of the colonel, was of the
party, and was never heard of after the attack.
An elegant silver headed cane which belonged to Colonel Hilton is in pos
session of John Kelly, Esq., of Northwood, whose children are lineal de
scendants from the colonel.]

1710.] PROVINCE. JOSEPH DUDLEY. 179
purchased their own redemption by building a saw-mill for the
governor after the English mode.1
The last that fell this summer was Jacob Garland, who was
killed at Cochecho, on his return from the public worship. As
the winter approached, Colonel Walton with one hundred and
seventy men traversed the eastern shores, which the Indians usually
visited at this season for the purpose of gathering clarns. On an
Island where the party was encamped, several Indians decoyed
by their smoke, and mistaking them for some of their own tribe,
came among them and were made prisoners. One of them was
a sachem of Norridgewog, active, bold and sullen : when he found
himself in the hands of enemies, he would answer none of their
questions, and laughed with scorn at their threatening him with
death. His wife, being an eye witness of the execution of the
threatening, was so intimidated as to make the discoveries which
the captors had in vain desired of the sachem ; in consequence
of which, three were taken at the place of which she informed,
and two more at Saco river, where also five were killed. This
success, inconsiderable as it may appear, kept up the spirits of
the people, and added to the loss of the enemy, who were daily
diminishing by sickness and famine.
In the spring, they renewed their ravages on the frontiers in
small parties. Thomas Downs, John Church,* and three .„. .
more were killed at Cochecho ; and on a sabbath day,
several of the people there fell into an ambush as they were re
turning from public worship. John Horn was wounded, and
Humphrey Foss was taken ; but, by the determined bravery of
Lieutenant Heard, he was recovered out of the hands of the en
emy. Walton, with two companies, marched to the ponds about
the fishing season ; but the Indians had withdrawn, and nothing
was to be seen but their deserted wigwams.2
After the reduction of Port Royal, Nicholson went to England
to solicit an expedition against Canada. The tory ministry of
Queen Anne, to the surprise of all the whigs in England and
America, fell in with the proposal ; and on the eighth of June, _
Nicholson came to Boston with orders for the northern colonies
to get ready their quotas of men and provision at the arrival of the
fleet and army from Europe; which happened within sixteen
days ; and whilst the several governors were holding a consulta
tion on the subject of their orders. A compliance with them in
so short a time was impossible ; yet every thing that could be
done was done ; the nature of the service conspiring with the
wishes of the people, made the governments exert themselves to
the utmost. New-Hampshire raised one hundred men ; which
was more than they could well spare ; one half of the militia be-
(1) MS. Letter of Ward Clark to Prince. (2) Penhallow, p. 60.
* [He was the son of John Church, who was killed by the Indians, 7 May,
1696. He was 43 years of age..]

180 HISTORY OF NEW-HAMPSHIRE. [1711.
ing continually employed in guarding the frontiers. They also
voted them subsistence for one hundred and twenty-six days, be
sides providing for them on shore before their embarkation. Two
transports were taken up at eight shillings per month per ton ;
and artillery stores were issued from the fort. The colony forces
formed two regiments under the command of Vetch and Walton.
The army which came from England were seven veteran regi
ments of the Duke of Marlborough's army, and a battalion of
marines, under the command of brigadier-general Hill, which,
joined with the New-England troops, made a body of about six
thousand five hundred men, provided with a fine train of artillery.
The fleet consisted of fifteen ships of war from eighty to thirty-
six guns, with forty transports and six storeships under the com
mand of Admiral Walker.1 A force fully equal to the reduction
of Quebec.
The fleet sailed from Boston on the thirtieth of July ; and a
fast was ordered by Dudley to be kept on the last Thursday of
that, and each succeeding month, till the enterprise should be
finished.2 This was an imitation of the conduct of the long par
liament, during the civil wars in the last century. But the san
guine hopes of success which had been entertained by the nation
and the colonies were all blasted in one fatal night. For, the
fleet having advanced ten leagues into the river St. Lawrence, in
the night of the twenty-third of August, the weather being thick
and dark, eight transports were wrecked on Egg-Island near the
north shore, and one thousand people perished ; 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 against an easterly wind which would in two days have
carried them to Quebec. After rendezvousing at Spanish river,
in the island of Cape-Breton, and holding a fruitless consultation
about annoying the French at Placentia, the expedition was bro
ken up : the fleet returned to England, and the New-England
troops to their homes. Loud complaints and heavy charges
were made on this occasion ; the ignorance of the pilots ; the
obstinacy of the admiral ; the detention of the fleet at Boston ;
its late arrival there ; the want of seasonable orders ; and the
secret intentions of the ministry, were all subjects of bitter alter
cation ;3 but the miscarriage was never regularly enquired into,
Q and the voyage was finally settled by the blowing up of the
admiral's ship, with most of his papers, and four hundred
seamen, at Spithead.
The failure of this expedition encouraged the Indians to harass
,„12 the frontiers as soon as the season would permit. In
April, one Cunningham was killed at Exeter; Ensign
Tuttle at Dover, and Jeremiah Crommet at Oyster river. On
(1) Penhallow, page 64. Hutch, vol. 2, page 190. (2) Council Records.—
(3) Dummer's defence and letter to a noble lord.

1712.] PROVINCE. JOSEPH DUDLEY. 181
one of the upper branches of this stream, the enemy burned a
saw-mill with a large quantity of boards. A scouting party, who
went up the river Merrimack, had the good fortune to surprise
and kill eight Indians, and recover a considerable quantity of
plunder, without the loss of a man. The frontiers were well
guarded. One half of the militia did duty at the garrisons and
were ready to march at a minute's warning ; a scout of forty men
kept ranging on the heads of the towns, and the like care was taken
by sea, spy-boats being employed in coasting from Cape Neddock
to the Great Boar's head. Notwithstanding this vigilance, small
parties of the enemy were frequently seen. Stephen Gilman
and Ebenezer Stevens were wounded at Kingston. The
former was taken and put to death. In July, an ambush
was discovered at Dover, but the enemy escaped ; and while a
party was gone in pursuit of them, two children of John Waldron
were taken, and for want of time to scalp them, their heads were
cut off. There being no man at that time in Heard's garrison, a
woman named Esther Jones mounted guard, and with a com
manding voice called so loudly and resolutely, as made the enemy
think there was help at hand, and prevented farther mischief.
In the autumn, the news of the peace of Utrecht arrived in
America ; and on the 29th of October, the suspension of arms
was proclaimed at Portsmouth. The Indians being informed of
this event, came in with a flag of truce to Captain Moody at, Cas
co, and desired a treaty ; which the governor, with the council of
each province, held at Portsmouth, where the chiefs and 1710
deputies of the several belligerent tribes, by a formal wri- Juiyli'
ting* under hand and seal, acknowledged their perfidy,
promised fidelity, renewed their allegiance, submitted to the laws,
and begged the queen's pardon for their former miscarriages. J
The frequent repetition of such engagements and as frequent
violations of them, had by this time much abated the sense of
obligation on the one part, and of confidence on the other. But
it being for the interest of both parries to be at peace, the event
was peculiarly welcome.
To preserve the dependence of the Indians, and to prevent all
occasibns of complaint, private traffic with them was forbidden and
||truck houses established || f at the public expense ; and ^a
the next summer, a ship was fitted out by both provinces,
and sent to Quebec, where an exchange of prisoners was ef
fected. (1) Penhallow, p. 72—80.
* [This " formal writing" or pacification is in Penhallow, in the Coll. of the
N. H. Hist. Soc. i. 82.]
f [In the 2d volume p. 39 of the 2d edition, the following note is found :
" The reader is desired to correct a mistake in the first volume. Instead of
' truck houses established,' read ' it was in contemplation to establish truck.
houses.' "]

132 HISTORY OF NEW-HAMPSHIRE. [1714.
During the whole of this long war, Usher behaved as a faithful
servant of the crown ; frequently coming into the province by
Dudley's direction, and sometimes residing in it several months,
inquiring into the state of the frontiers and garrisons, visiting them
in person, consulting with the officers of militia about the proper
methods of defence and protection, and offering his service on all
occasions : Yet his austere and ungracious manners, and the in
terest he had in Allen's claim, effectually prevented him from
acquiring that popularity which he seems to have deserved". He
was solicitous to support the dignity of his commission ; but could
never prevail with the assembly to setde a salary upon him. The
council generally paid his travelling expenses by a draft on the
treasury, which never amounted to more than five pounds for each
journey, until he came from Boston to proclaim the accession of
King George ; when in a fit of loyalty and good humor, they gave
him ten pounds, which served as a precedent for two or three
other grants. He often complained, and sometimes in harsh and
reproachful terms of their neglect ; and once told them, that his
" negro servants were much better accommodated in his house
" than the queen's governor was in the queen's fort."1
Dudley had the good fortune to be more popular. Beside his
attention to the general interest of the province and his care for
its defence, he had the particular merit of favoring the views of
those who were most strongly opposed to Allen's claim ; and they
made him amends, by promoting in the assembly, addresses to
the queen, defending his character, when it was attacked and
praying for his continuance in office, when petitions were present
ed for his removal. One of these addresses was in one thousand,
seven hundred and six, and another in one thousand, seven hun
dred and seven, in both which, they represent him as a " prudent,
careful and faithful governor," and say, they " are perfectly satis-
¦" fied with his disposal of the people, and their arms and the public
" money." Addresses to the crown were very frequent during
this female reign. Scarce a year passed without one or two.
They either congratulated her majesty on her victories in Europe,
or petitioned for arms and military stores for their defence, or for
ships and troops to go against Canada, or represented their own
poverty or Dudley's merits, or thanked her majesty for her care
and protection, and for interposing in the affair of Allen's suit,
and not suffering it to be decided against them.2 A good harmo
ny subsisted between the governor and people, and between the
two branches of the Legislature, during the whole of this admin
istration. On the accession of King George, a change was expected in
.„. ,- the government, and the assembly did what they could to
prevent it, by petitioning the king for Dudley's continu-
(1) Council Records. (2) Ibid.

1715.] PROVINCE. JOSEPH DUDLEY. 183
ance. But it being now a time of peace, and a number of valu
able officers who had served with reputation in the late wars being
out of employment, interest was made for their obtaining places
of profit under the crown. Colonel Eliseus Burges, who had
served under General Stanhope, was, by his recommendation,
commissioned governor of Massachusetts and New-Hampshire ;
and by the same interest, George Vaughan, Esq., then in London,
was made lieutenant-governor of the latter province. He arrived
and published his commission on the thirteenth of October.
Usher had some scruples about the validity of it as he bad form
erly had of Partridge's, and wrote on the subject to the assembly,
who assured him that on inspection,, they had found Vaughan's
commission " strong and authentic ;" and that his own, was " null
and void."1 Upon his dismission from office, he retired to his
elegant seat at Medford, where he spent the rest of his days, and
died on the fifth of September, 1726, in the seventy-eighth year
of his age.*
Burges wrote a letter to the assembly in July, in which he in
formed them of his appointment, and of his intention to sail for
America in the following month. But Sir William Ashurst, with
Jeremy Dummer, the Massachusetts agent, and Jonathan Belcher,
then in London, apprehending that he would not be an acceptable
person to the people of New-England, prevailed with him for the
consideration of one thousand pounds sterling, which Dummer
and Belcher generously advanced, to resign his commission ; and
Colonel Samuel Shute was appointed in his stead to the command
of both provinces.2 He arrived in New-Hampshire and his com
mission was published the seventeenth of October, 1716. Dudley
being thus superseded, retired to his family-seat at Roxbury,
where he died in 1720, in the seventy-third year of his age.
(1) Council and Assembly Records. (2) Hutch, vol. 2, p. 215.
* [John Usher was son of Hezekiah Usher, who came early to New-Eng
land and was admitted freeman in 1638. He settled at Cambridge, from
whence he removed to Boston, where the lieutenant-governor was born 27
April, 1648, and was admitted freeman in 1673. In a MS. catalogue of the
fraduates of Harvard college, by the late William Winthrop, Esq., of Cam-
ridge, it is said that Rev. John Usher, who graduated at that institution in
1719, was a son of lieutenant-governor Usher, and that he was the Episcopal
minister of Bristol, R. I., and died 30 April, 1775, aged 76. Rev. John Usher,
who graduated at Harvard college in 1743, is said to have been a son of the
Rev. Mr. Usher, and his successor at Bristol. He died in July, 1804, aged
about 80 years.]

1S4 HISTORY OF NEW-HAMPSHIRE. ,[171,5.

CHAPTER XIII.
The administration of Governor Shute, and his Lieutenants, Vaughan ana1
Wentworth.
George Vaughan, Esquire, was the son of Major William
Vaughan, who had been so ill used by former governors, and had
suffered so much in the cause of his country, that the advance
ment of his son, to the office of lieutenant-governor, was esteem
ed a mark of particular favor, from the crqwn to the province, and
a singular gratification to the parent, then in the decline of life.
The lieutenant-governor had been employed by the province, as
their agent in England, to manage their defence against Allen.
There he was taken notice of, by some persons of quality and
influence, with whom his father had been connected; and by them,
he was recommended as a candidate for the honor to which he
was now advanced.
After he had arrived, and opened his commission, Dudley,
though not actually superseded, yet daily expecting Burges.
c ' 'to succeed him, did not think it proper to come into the
province, or perform any acts of government ; so that, during a
year, Vaughan had the sole command. In this time, he
ov- ' called an assembly, who granted him the product of the
impost and excise, for one year, but refused to establish these
. _. r duties for any longer time ; upon which he dissolved them,
i 2j and called another ; to whom he recommended, in a style
too peremptory, the establishment of a perpetual revenue
to the crown ;x a matter in which he had been so much engaged,
that while in England, ' he presented a memorial to the king and
' ministry, to bring New-England into the land tax of Great Brit-
' ain ; and proposed that a receiver should be appointed by the
' crown.'2 The assembly was of opinion, that the public charges
might be defrayed in the usual manner, by an equal tax on polls
and estates ; and declined laying an impost, or entering on any,
but the common business of the year, till the arrival of a gov
ernor.* When Governor Shute came to the chair, several of the old
counsellors were laid aside, and six new ones appointed,
ct" ' all of whom were inhabitants of Portsmouth. That town,
(1) Assembly Records. (3) MS. Letter of Sir. W. Ashurst to Dr. Increase
Mather. # [1716. Stratham was incorporated. This town was included in the
Squamscot patent granted to Edward Hilton. In 1693, it was annexed to
Exeter, it having before that time been connected with Hampton. It was
incorporated by charter, signed by Lieutenant-Governor Vaughan, 20 March,
1716. In 1695, it contained 35 families ; in 1767, it had 916 inhabitants.]

1717.] PROVINCE. SAMUEL SHUTE. ig5
at the same time, was unhappily agitated by a controversy, which
had for some years subsisted between the two parishes. This had
not only embittered the minds of the people, but had prejudiced
some of the members of the council and assembly ; so as to af-
fact the proceedings of the legislature, and break the harmony,
which had been preserved in that body, during the preceding ad
ministration. The governor, in his first speech to the as
sembly, took notice of their division, and advised them to Jan 10'
unanimity. They thanked him for his advice, but remon
strated against the removal of the old counsellors, and the 23'
confining of the new appointments, both in the council and the
judicial courts, to residents in one town, as being contrary to
former usage, and giving an advantage, to the trading, above the
landed interest. This, they said, was the reason that an impost
could not now be obtained, and that the whole burden of taxes
was laid on the husbandman, and the laborer, who had been great
ly impoverished by the late war. The governor wisely avoided
an answer to this remonstrance, by putting it on the council, who
were a party in the controversy. The council, in their
answer, acknowledged that the province had been much
distressed by the war ; but had in a great measure recovered ;
that there would have been no opposition to an impost, if the
representatives had agreed to an act of export, according to the
practice in England ; that the king had a right to appoint his
counsellors, from any part of the province ; that it was an affront
to the prerogative to find fault with the exercise of this right ; and
that it was most convenient for the affairs of government, especially
upon sudden emergencies, that the council should reside near the
seat of government. This answer might have appeared decent
enough if they had not added, that they were ' gentlemen of the
' best quality, and greatest ability to serve the government, in that
' station ; and had as good or better estates in land, and land se-
' curities, than any in the house, and not inferior to the gentlemen
' who were laid aside.'
While these altercations were in hand, there was a great com
plaint of the scarcity of money, and some expedient was judged
necessary to supply the place of current coin. A proposal was
made to issue ten thousand pounds in bills, on loan, for twenty-
three years, at five per cent, on land security. In this, both
houses agreed ; but the next day, the council proposed to
enlarge the sum to fifteen thousand pounds, to which the house
would not consent. The governor then ordered the house to at
tend a conference with the council. They desired to know on
what subject ; he gave them no answer, but commanded their at
tendance. Having conferred about the proposed loan to no pur
pose, the circumstance of asking on what subject they were to
confer was deemed an affront, and served as a pretext for dissolv-
26

186 HISTORY OF NEW-HAMPSHIRE. [1717.
ing them. The next assembly was more pliant^ and issued fifteen
thousand pounds, on loan, for eleven years, at ten per cent.1
A controversy also arose between the governor and lieutenant-
governor about the power of the latter, in the absence of the
former. Vaughan contended, that when the governor was pres
ent in his other province, he was absent from New-Hampshire,
and consequently that the administration devolved on him. The
position was a metaphysical truth, but the inference was to be
measured by political rules. Shute alleged that his commissions,
being published and recorded, in New-Hampshire and Massachu
setts, he had the power of commander in chief over both provin
ces, during his residence in either ; and thought it an absurdity
to suppose, that the king had appointed the governor commander
in chief, for five or six weeks only in the year, and the lieutenant-
governor during the rest of the time ; and that if the lieutenant-
governor should happen, in that time, to step over the province
line, the senior counsellor must take the chair ; this he said would
make the province ' a monster with three heads.' The contro
versy was soon brought to an issue ; for Vaughan received an
order from Shute, while at Boston, to appoint a fast, which he did
not obey. He received another to prorogue the assembly, in
stead of which he dissolved them, without the advice of council.
He required the opinion of the council on the extent of his power,
but they declined giving it. Penhallow, the governor's chief
friend, was a warm opposer of Vaughan's pretensions, and incur
red so much of his displeasure, that he publicly charged him with
sowing discord in the government, and suspended him
ep ' ' from his seat in council. On hearing this, Shute hasten
ed to Portsmouth, and having summoned the council, ordered
the king's instruction to him for suspending counsellors to be read,
and demanded of Vaughan whether he had any instruction which
superseded it. He answered, No. The governor then asked
the council's advice whether the suspension of Penhallow was
legal ; they answered in the negative. He then restored him to
his seat, and suspended Vaughan.2
The assembly, which Vaughan had assumed the right to dis
solve, met again, and approved the proceedings against him, jus
tifying the construction which the governor had put on his com
mission, and his opinion of the extent of the lieutenant-governor's
power ; which was ' to observe such orders, as he should from
' time to time receive from the king or the governor in chief.'
The representatives of Hampton presented a remonstrance ; in
which, admitting the lieutenant-governor's opinion, that ' when the
' governor is out of the province, the lieutenant-governor is im-
' powered to execute the king's commission,' and asserting that
the governor was not in the province when the lieutenant-governor
(1) Assembly Records. (2) Council Minutes.

1717.] PROVINCE. SAMUEL SHUTE. 187
dissolved the assembly, they declared that they could not act with
the house, unless they were re-elected.1 This remonstrance was
deemed a libel, and the governor in council having summoned
them before him, laid them under bonds of four hundred pounds
each, for their- good behaviour.2 He then issued a proclamation,
asserting his sole power, as commander in chief; and declaring
that the lieutenant-governor had no right to exercise any acts of
government without his special order.3
To maintain a controversy with a superior officer on the extent
of power, equally claimed by both, requires a delicacy and an
address which does not fall to the lot of every man. An aspiring
and precipitate temper may bring on such a contention, but dis
qualifies the person from managing it with propriety. Had
Vaughan proposed to submit the question to the king, he would
have acted more in character, and might have preserved his rep
utation, though he had lost histppfer. But having offended the
governor, and disgusted the cdariciT and assembly, he could hope
for no favor from the crown. When the report of the proceed
ings was sent to England, Sir William Ashurst, who had great in
terest at court, and was a friend to New- England, and who greatly
disrelished the memorial which Vaughan had formerly presented
to the king, easily found means to displace him ;4 and in his
room was appointed John Wentworth, Esquire, whose commission
was published on the seventh of December. The celebrated Mr.
Addison, being then secretary of state, this commission is coun
tersigned by a name particularly dear to the friends of liberty and
literature.5 John Wentworth, Esquire, grandson of William Wentworth,
formerly mentioned as one of the first settlers of the country, had
been in the early part of his life, commander of a ship ; and had
acquired a handsome fortune by mercantile industry. Without
any superior abilities or learning, by a steady attention to business,
and a prudent, obliging deportment, he had recommended him
self to the esteem of the people. Having been five years in the
council, before his appointment as lieutenant-governor, he had
carried the same useful qualities into public life, and preserved or
increased that respect which he had acquired in a private station.
The rancor of contending parties made moderation a necessary
character in a chief magistrate ; and the circumstances of the
province, at that time, required a person of experience in trade,
at its head.
It being a time of peace, after a long and distressing war, the
improvement of which the province was capable, in regard to its
natural productions, lumber and naval stores, rose into view and
became objects of close attention both here and in England. As
(1) Assembly Records. (2) Council Minutes. (3) Penhallow's MSS.—
(4) Ashurst's letter, MS. (5) Original MS.

188 HISTORY OF NEW-HAMPSHIRE. [1717,
early as 1668, the government of Massachusetts, under which the
province then was, had reserved for the public use all white pine
trees of twenty-four inches in diameter, at three feet from the
ground.1 In King William's reign, a surveyor of the woods was
appointed by the crown ; and an order was sent to the Earl of
Bellomont, to cause acts to be passed in his several governments
for the preservation of the white pines.2 In 1708, a law made in
New-Hampshire prohibited the cutting of such as were twenty-
four inches in diameter, at twelve inches from the ground, without
leave of the surveyor ; who was instructed by the queen, to mark
with the broad arrow, those which were or might be fit for the use
of the navy, and to keep a register of them.3 Whatever severity
might be used in executing the law, it was no difficult matter for
those who knew the woods and were concerned in lumbering, to
evade it ; though sometimes they were detected and fined.4 Great
complaints were frequently maijpfcf the destruction of the royal
woods ; every governor and lieutenant-governor had occasion to
declaim on the subject, in their speeches and letters ;5 it was a
favorite point in England, and recommended them to their supe
riors as careful guardians of the royal interest. On the other
hand, the people made as loud complaints against the surveyor,
for prohibiting the cutting of pine trees, and yet neglecting to mark
such as were fit for masts ; by which means many trees, which
never could be used as masts, and might be cut into logs for saw
ing, were rotting in the woods ; or the people who got them were
exposed to a vexatious prosecution.6 When no surveyor was on
the spot, the governor and council appointed suitable persons to
take care that no waste should be made of the mast trees ; and these
officers with a very moderate allowance, performed the duty, to
much better purpose, than those who were sent from England and
maintained at a great expense to the crown.7
As those trees which grew within the limits of the townships
were deemed private property, the people were desirous to get other
1 _ . a townships laid out, that the trees might be secured for their
own use. This was a difficult point. The assembly in 1704,
during the controversy with Allen, had explicitly disclaimed all
title to the waste lands, by which they understood all those with
out the bounds of their towns. The heirs of Allen kept a jeal
ous eye upon them. Usher, who claimed by mortgage from gov
ernor Allen, was still living, and was daily inviting purchasers by
advertisements.8 The heir of Sir Charles Hobby, whose claim
was founded on purchase from Thomas Allen, had offered his
title to the assembly, but they had refused it. The creditors of
Hobby's estate had applied for letters of administration ; and
(1) Mass. Rec. (2) Council Minutes. (3) Laws, Chap. 20. (4) Usher's
MSS. <f>) Council and Assembly Records. (6) Penhallow's MSS. (7) As
sembly Records. (8) New-England Courants.

1718.] PROVINCE. SAMUEL SHUTE. ]89
though the matter had been, by the judge of probate, submitted to
the general court, and by their advice suspended, yet the letters
had been granted.1 Allen's other heirs were in a state of minori
ty in England ; but their guardian was attentive to their interest. 2
The controversy had become more complex than before ; and the
claimants, however multiplied in number and discordant in their
views, yet had an interest separate from that of the public. The
royal determination could not be had, but on an appeal from a
verdict at law ; but no suits were now pending ; nor could the
lands be granted by royal charter, without seeming to intrench on
the property of the claimants. Notwithstanding these difficulties,
the necessity of extending the settlements, and improving the nat
ural advantages of the country, was too apparent to be neglected.
Great quantities of iron ore were found in many places ; and
it was in contemplation to erect forges on some of the riv- 1 71 q
ers and to introduce foreign artists and laborers to refine
it. A law was made laying a penalty of ten pounds per ton on
the transporting of it out of the province ; but for the further en
couragement of the manufacturer, it was deemed necessary, that
some land should be appropriated, to the purpose of supplying
with fuel, the iron works which were to be erected, on Lamprey
river, and of settling the people who were to be employed in that
service.3 On this occasion, it was recollected, that in 1672, while
this province was subject to the Massachusetts government, and
after the town of Portsmouth had made a liberal contribution for
the rebuilding of Harvard College, a promise had been made by
the general court to grant to that town a quantity of ' land for a
' village, when they should declare to the court the place where
' they desired it.'4 Upon this, a petition was presented to the
governor and council praying for a fulfilment of this promise ; and
after some hesitation, a grant was made of a slip of land two
miles in breadth above the head line of Dover, for the use of the
iron works, which was called the * renewing a grant formerly
' made.'3 This was known by the name of the two mile slip, and
it was afterward included in the township of Barrington.
In some parts of the province, were many pitch-pine trees, unfit
for masts, but capable of yielding tar and turpentine. A monop
oly of this manufacture had been attempted by a company of
merchants ; but when many thousand trees were prepared for use,
they were destroyed by unknown hands.6 Afterwards a law was
made providing that tar should be received in lieu of taxes, at
twenty shillings per barrel.7 This encouraged the making of it
for some time. Another law laid a penalty on the injuring of
trees for drawing turpentine.8 But, private interest was too strong
(1) Assembly Records. (2) Printed state of Allen's title. (3) Laws, chap.
90. Council Minutes. (4) Mass. Rec. (5) Council Minutes. (6) Ibidem.
(7) Laws, chap. 19. (8) Chap. 94.

190 HISTORY OF NEW-HAMPSHIRE. [1719.
to be counteracted by a sense of public utility. Too many in
cisions being made in the trees at once, they were soon destroyed ;
and those which were near at hand became scarce, the manufac
ture was gradually discontinued.
Hemp was another object. Some had been sown, and from
the specimen of its growth, much advantage was expected. An
act was made to encourage it ; and it was allowed to be received
at the treasury, in lieu of money, at one shilling per pound.1 But
as there was scarcely land enough in cultivation, for the produc
tion of corn, it was vain to think of raising a less necessary com
modity. The parliament of England was attentive to the advantages
which might be derived to the nation from the colonies, to which
they were particularly incited by the war, which at this time raged
between Sweden and Russia, the grand marts for naval stores
in Europe. A duty which had been paid on lumber imported
from America, was taken off; and this was esteemed so great fa
vor to New-Hampshire that the assembly thanked Shute for the
share he had in obtaining it.2 About the same time, an act of
parliament was made for the preservation of the white pines. —
Penalties in proportion to the size of the trees, were laid on the
cutting of those which grew without the bounds of townships ;
and for the greater terror, these penalties were to be recovered by
the oath of one witness, in a court of admiralty ; where a single
judge, appointed by the crown, and removable at pleasure, de
termined the cause without a jury.3 While this bill was pending,
Henry Newman, the agent for New-Hampshire, petitioned against
the severity of it, but without effect.4
Great inconveniences had arisen for want of a due settlement
of the limits of the province. The people who lived near the
supposed line, were sometimes taxed in both provinces, and were
liable to arrest by the officers of both ; and sometimes the officers
themselves were at variance, and imprisoned each other. Several
attempts had been made to remove the difficulty, and letters fre
quently passed between the two courts on the subject, in conse
quence of petitions and complaints from the borderers. In 1716,
commissioners were appointed by both provinces, to settle the
line. The New-Hampshire commissioners were furnished by
lieutenant-governor Vaughan, with a copy of the report of the
lords chief justices in 1677, and were instructed ' to follow the
' course of the river Merrimack, at the distance of three miles
' north as far as the river extends.'5 The commissioners on the
other side complained that this power was not sufficient ; if by
sufficient it was meant that they had no power to vary from their
(1) Laws, chap. 94. (2) Assembly Records. (3) Statute of George I.
chap 12. (4) MS. Petition . (5) Original MS. instruction. MS. Letter of
Lt. Governor Wentworth.

.1719.] PROVINCE. SAMUEL SHUTE. 191
instructions, the objection was true, but why this should have been
objected it is not easy to account, since the instructions would have
given Massachusetts all which they could claim by virtue of their
old charter ; or the judgment upon it, on which they always laid
much stress. Three years afterward the affair was agitated again,
in obedience to an order from the lords of trade ; who directed
a map to be drawn and sent to them, in which the boundaries of
the province should be delineated, and the best accounts and
vouchers procured to elucidate it.1 Commissioners were again
appointed to meet at Newbury ; and those from New-Hampshire
were instructed by lieutenant-governor Wentworth to confer with
the others ; and if they could agree, in fixing the place where, to
begin the line, they were to report accordingly ;2 but if not, they
were to proceed ex parte, 'setting their compass on the north side
' of the mouth of Merrimack river at high water mark, and from
' thence measuring three miles on a north line, and from the end
' of the first three miles on a west line into the country, till they
' should meet the great river which runs out of Winnipisiogee
' pond.' To this idea of a west line, the Massachusetts commis
sioners objected ; and desired that the commission of the govern
or of New-Hampshire might be sent to Newbury, which was re
fused, and the conference ended without any agreement. How
ever, a plan was drawn agreeably to these instructions, and sent
to the lords of trade : and Newman, the agent was instructed to
solicit for a confirmation of it. In these instructions, the ideas of
the gentlemen in government are more fully expressed. The
due west line on the southern side of the province, they supposed,
ought to extend as far as Massachusetts extended.3 The line on
the northerly side adjoining to the province of Maine, they sup
posed, ought to be drawn up the middle of the river Pascataqua,
as far as the tide flows in the Newichwannock branch ; and
thence northwestward, but whether two or more points westward
of north was left for further consideration.
While these things were in agitation, the province unexpected
ly received an accession of inhabitants from the north of Ireland.
A colony of Scotch presbyterians had been settled in the province
of Ulster, in the reign of James I. They had borne a large share
in the sufferings, which the protestants in that unhappy country
underwent, in the reign of Charles I. and James II. ; and had
thereby conceived an ardent and inextinguishable thirst for civil
and religious liberty.4 Notwithstanding the peace which Ireland
had enjoyed, since the subjection of the Popish party by King
William, some penal laws were still in force ; which, with the in
convenience of rents and tithes, made these people wish for a
settlement in America ; where they might be free from these
(1) Original MS. order. (2) Original MS. instructions. (3) Fenhallow's
MSS. (4) Hume.

192 HISTORY OF NEW-HAMPSHIRE. [1719.
burthens and have full scope for their industry. One Holmes, a
young man, son of a clergyman, had been here and carried home
a favorable report of the country,1 which induced his father, with
three other presbyterian ministers, James Macgregore, William
Cornwell, and William Boyd, and a large number of their con
gregations, to resolve on an emigration. Having converted their
substance into money, they embarked in five ships, and about one
Oct. 14. hundred families of them arrived at Boston. Cornwell,
1718. with about twenty families more, arrived at Casco. They
immediately petitioned the assembly of Massachusetts for a tract
of land ; who gave them leave to look out a settlement of six miles
square, in any of the unappropriated lands at the eastward. After
a fruitless search along the shore, finding no place that suited
them there ; sixteen families, hearing of a tract of good land,
above Haverhill, called Nuffield (from the great number of chest
nut and walnut trees there) and being informed that it was not
appropriated, determined there to take up their grant ; the others
dispersed themselves into various parts of the country.
As soon as the spring opened, the men went from Haverhill,
A n where they left their families, and built some huts near a
' brook which falls into Beaver river, and which they named
West-running brook.* The first evening after their arrival, a
(1) MS. of John Harvey.
* [The sixteen families which first removed to the place were the following.
Randel Alexander, John Barnet, John Mitchell, Thomas Steele,
Samuel Allison, Arch. Clendenin, John Morrison,  Sterrett,
Allen Anderson, James Clark, James McKeen, John Steward,
James Anderson, James Gregg, John Nesmith, Robert Weir.
These were men principally in the middle age of life, robust, persevering,
and adventurous ; such as were well suited to encounter the toils, and endure
the hardships and self denials of commencing a new settlement. They were
.soon followed by many of their countrymen, who had emigrated with them to
America, so that, before the close of the year, the number of families was
considerably increased. Being industrious and frugal in their habits of life,
and highly favored with the institutions of the gospel, they very soon became
a thriving, wealthy, and respectable settlement. Rev. Edward L. Parker's
Century Sermon, 11, 13.
From several petitions of the inhabitants of Londonderry, found among the
Waldron papers, deposited two or three years since in the Secretary's office,
I have collected the following list of persons who had settled in Londonderry
fcefore the year 1738, besides those above named.
The names are given, generally, as found in the petitions, having in many
*ases the autographs of the first settlers.
James Adams, John Barr, Ninin Cochran,
John Adams, Samuel Barr, ' Peter Cochran,(2)
James Aiken, John Bell, -Robert Cochran,
Nathaniel Aiken, James Blair, William Cochran,(2)
William Aiken, John Blair, Thomas Cochran,
James Alexander, James Caldwell, John Conaghie,
John Anderson,(2) James Campbell, Hugh Craige,
Robert Arbuekel, David Cargill,(2) John Craig,
John Archbald, Benja. Chamberlain, Jesse Cristi,
John Barnett, Matthew Clark, John Cromey,
Moses Barnett, Andrew Clendenin, John Dmsmore,

1719.] PROVINCE. SAMUEL SHUTE. 193
sermon was preached to them under a large oak, which, is to this
day regarded with a degree of veneration. As soon as they
could collect their families, they called Macgregore to be their
minister, who since his arrival in the country had preached at
Dracut. At the first sacramental occasion, were present two min
isters and sixty-five communicants. Macgregore continued with
them till his death;* and his memory is still precious among
them. He was a wise, affectionate and faithful guide to them,
both in civil and religious concerns. These people brought with
them the necessary materials for the manufacture of linen ; and
their spinning wheels, turned by the foot, were a novelty in the
country. They also introduced the culture of potatoes, which
were first planted in the garden of Nathaniel Walker of Andover.
They were an industrious, frugal and consequently thriving
people. They met with some difficulty in obtaining a title to their lands.
If the due west line between the provinces had heen established,
it would have passed through their settlement and divided it be-

James Lindsay,
Edward Linkfield,
Daniel Macduffie,
Robert Mcfarlin,
Nathan Mcfarlin,
James MacGregore,
David McGregore,
Robert McKean,
Samuel McKeen,

Matthew Reid,
Alexander Renkine,
Samuel Renkin,
James Rodgers,
Hugh Rogers,
John Shields,
Archibald Stark,
Charles Stewart,
Thomas Stewart,

Archibald Mackmurphy, James Taggart,

Patrick Douglas,
William Eayrs,(2)
James Gillmor,
Robert Gillmor,
John Goffe,
John Goffe, jr.
Samuel Graves,
John Gregg,
Samuel Gregg,
William Harper,
James Harvey,
Jo. Harvey,
William Hogg,
Abraham Holmes,
Jonathan Hollme,
John Hopkins,
Solomon Hopkins,
Thomas Horner,
Samuel Houston,
William Humphrey,
David Hunter,
Alexander Kelsey,
Robert Kennedy,
Benjamin Kidder,
James Leslie,
A few names having become obliterated or not easily decyphered, are
omitted. Where (2) is annexed, it shows that there were two persons of the
same name, without the addition of any senior or junior. I have been more
particular in giving the preceding list on account of the large number of em
igrants Londonderry has furnished for several towns in New-Hampshire, and
some in Vermont. Among their descendants might be named those who
sustained high military stations in the army of the Revolution ; — ' those who
have been members of Congress ; — who have presided in our highest semina
ries of learning; — who have filled seats in our council and senate,— and who
liave sustained the chief magistracy of the state ; besides a number of emin
ent and distinguished ministers of the gospel.']
* March 5, 1729, aged 52.
27

John Macmurphy,
Alexander MacNeall
John McNeill
William Michell,
Hugh Montgomery,
John Moor,
William Moore,
James Morrison,
Robert Morrison,
Samuel Morrison,
David Morrison,
James Nesmith,
Alex. Nickels,
Hugh Ramsey,
James Reid,

John Taggart,
James Thomson,
William Thomson,
Robert Thompson,
Andrew Todd,
Samuel Todd,
Alexander Walker,
James Walles,
Archibald Wear,
Robert Weir,
Benjamin Willson,
James Willson,
Hugh Wilson,
Thomas Wilson.

194 HISTORY OF NEW-HAMPSHIRE. [1719.
tween Massachusetts and New-Hampshire ; but the curve line,
following the course of Merrimack at three miles distance, would
leave them unquestionably in New-Hampshire. This was the
idea of the general court of Massachusetts, who, upon applica
tion to them for a confirmation of their former grant, declared
them to be out of their jurisdiction. Among the many claimants
to these lands, they were informed, that Colonel Wheelwright of
Wells had the best Indian title, derived from his ancestors. Sup
posing this to be valid in a moral view, they followed the example
of the first settlers of New-England, and obtained a deed of ten
miles square, in virtue of the general license granted by the Indian
sagamores in 1629. To prevent difficulty from Allen's claim,
they applied for leave of settlement to Colonel Usher, who told
them that the land was in dispute, and that he could not give them
leave, but that he supposed they might settle on it, if they, would
hold it either of the king or of Allen's heirs, as the case might be
determined.1 They also applied to the lieutenant-governor of
New-Hampshire, who declined making them a grant in the king's
name ; but, by advice of council, gave them a protection, and
extended the benefit of the law to them ; appointing James
M'Keen to be a justice of the peace, and Robert Weir, a deputy
sheriff.2 Some persons who claimed these lands, by virtue of a deed of
about twenty years' date, from John, an Indian sagamore, gave
j„2q them some disturbance; but, having obtained what they
judged a superior title, and enjoying the protection of gov
ernment, they went on with their plantation ; receiving frequent
additions of their countrymen, as well as others, till in 1722, their
town was incorporated by the name of Londonderry, from a city
in the north of Ireland, in and near to which most of them had
resided ; and in which some of them had endured the hardships
of a memorable siege.3 *
(1) Usher's MSS. (2) Council Minutes. (3) Harvey and Macgregore's
MSS. * John Barr, William Caldwell and Abraham Blair, with several others
who had suffered in this siege, and came to America, were by King William's
special order made free of taxes through all the British dominions
This, with several other circumstances relating to these people, I took from
a manuscript letter written (1729) by Mr. John Harvey, school-master in
Londonderry, to Mr. Prince. In the same letter was the following brief ac
count of the siege above mentioned. ' Londonderry was besieged near half a
' year (1689) by King James's army, when he had all Ireland subdued but
' Derry and a little place hard by. The besieged defended the city, most of
' them being presbyterians, till they were very much pinched by famine, that
' a dog's head was sold cheap enough at half a crown ; and yet God supported
' them until King William sent them relief by two ships with men and pro-
' visions from England ; at which sight, before the ships got up to the city
' and landed their men, the besiegers moved their camp and fled to the west
' of Ireland, where afterwards two bloody battles were fought and the papists
' subdued.

1720.] PROVINCE. SAMUEL SHUTE. 195
The settlement of these emigrants, on the waste lands, opened
the way for other plantations. Those who had borne the burthens
and distresses' of war, in defending the country, had long been
circumscribed within the limits of the old towns ; but were now
multiplied, and required room to make settlements for their chil
dren. They thought it hard to be excluded from the privilege of
cultivating the lands, which they and their fathers had defended ;
while strangers were admitted to sit down peaceably upon them.
These were weighty reasons. At the same time no attempt was
making, by any of the claimants, to determine the long contested
point of property; and in fact, no person could give a clear and
undisputed tide to any of the unsetded lands.
In these circumstances, a company of about one hundred per
sons, inhabitants of Portsmouth, Exeter and Haverhill, petitioned
for liberty to begin a plantation, on the northerly part of .._„.,
the lands called Nuffield. These were soon followed by
petitioners from the other towns, for the lands which lay contigu
ous to them. The governor and council kept the petitions sus
pended for a long time, giving public notice to all persons con
cerned to make their objections. In this time, the lands were
surveyed, and the limits of four proposed townships determined ;
and the people were permitted to build and plant upon the lands
5 provided that they did not infringe on, or interfere with,
' any former grants, possessions or properties.'1 Some of
these lands were well stocked with pine trees ; which were felled
in great abundance ; this occasioned a fresh complaint from the
king's surveyor.
At length, charters being prepared, were signed by the gov-
(1) Council Records.
1 Two things further, (says he) I have to relate respecting Derry. 1. The
' church of Derry is so strongly built with stone and lime that in the steeple
' they had a cannon fixed, which did more hurt to the Irish army than six
* upon the walls. 2. There was one Col. Murray in the siege. He and a
* party were out against the enemy, and having got the advantage in an en-
' gagement with them a mile from the walls, the enemy's general, who was a
' Frenchman, and he, met ; and having both fired their pistols, drew their
' swords, and the general having a coat of mail, had the advantage of Murray,
' so that he could not hurt him. At length Murray observing that there was
' no touching him but through the harness in his face, put his sword in through
' the bars of the harness and killed him. They made a great slaughter that
' day.' Nothing was more offensive to these emigrants than to be called Irish.
Macgregore in a letter to Governor Shute, (1720) says : ' We are surprised
' to hear ourselves termed Irish people, when we so frequently ventured our '
' all for the British crown and liberties against the Irish papists ; and gave
' all tests of our loyalty, which the government of Ireland required and are
' always ready to do the same when demanded.'
The people of this country did not understand the distinction ; nor in fact
did they treat these strangers with common deceney on their first arrival. —
The grudge subsisted a long time, but is now worn out.

igg HISTORY OF NEW-HAMPSHIRE. [1722.
ernor ; by which four townships, Chester,* Nottingham, Bar-
ringtonf and Rochester were granted and incorporated.
17-2. Tjie grants were made in the name of the king, who was
ay ' considered as the commota guardian, both of the people
* [In October, 1719, about 80 persons, chiefly from Hampton and Ports
mouth, associated for the purpose of obtaining a grant of a township in the
" Chestnut country ;" — placed three men on the land to keep possession, and
petitioned for a grant. After some difficulty, they obtained a grant of a tract
of land ten miles square, 26 August, 1720. The settlement was immediately
commenced by. several persons from Rye and Hampton, of whom Samuel
Ingalls, Jonathan Goodhue, Jacob Sargent, Ebenezer Dearborn, Robert Smith,
B. and Enoch Colby, John and Samuel Robie seem to have been most active
and useful, and by several families from the north of Ireland, of whom John
Tolford, afterwards a major, and engaged with Col. Lovewell in 1754, in ex
ploring the Coos territory, and who died in July, 1791, aged 90, Thomas
Smith, John Carr, James Wilson, who died in 1739, aged 100, (see vol. iii.
251) William Wilson, Hugh Wilson and James Whiting, seem to have been
among the earliest settlers. From 1722 to 1726, the settlement was retarded
by an Indian war. The Indians, however, did no injury, except that they
took Thomas Smith and John Carr, as related under 1724. Several garrison
houses were maintained in this town till after the peace of 1749. In 1726,
many new settlers arrived from Hampton, Rye and Bradford, (Mass.) among
whom were Samuel Emerson, the first justice of the peace in the town, Fran
cis and Anthony Towle, Sampson Underhill, Nathan Webster, Ephraim
Hazeltine, Sylvanus Smith, Ithamar, Benjamin and John Shackford, and in
1728 and 1730, several emigrants from Ireland, among whom were James
Campbell, Alexander and Andrew Craige, John Shirela, James Shirela (usu
ally written Shirley) who died in 1754, aged 105, John and Robert Mills, John
and Charles Moore, John Dickey, John and Samuel Aiken, Thomas Wason,
William Crawford and John Carswell. The first child born in town was a
daughter of Samuel Ingalls. She died a few years since in Candia, over 90
years of age. The first male child born in town was John Sargent, who also
died in Candia, between 70 and 80 years of age. The charter mentioned in
the text included more than 120 square miles of territory. The first meeting
under it was holden, 28 March, 1723. Until 1728, the town meetings were
usually holden in one of the old towns in the province, and almost all the town
officers, though proprietors, were not inhabitants of the town. In 1729, the
town voted to build a meeting house, and in 1731, a church was formed, and
Rev. Moses Hale, H. C. 1722, was ordained. He was dismissed 4 June, 1735.
In 1734, the emigrants from Ireland, who were Presbyterians, formed a soci
ety, and settled Rev. John Wilson after the rules of the kirk of Scotland.
He died 1 February, 1779, aged 76. In 1740, the first school house was built.
In 1748, Capt. Abel Morse was chosen the first representative. In 1750, the
inhabitants voted that the S. W. part of the town, should be set off with a
part of Londonderry and the land next to Amuskeag, into a separate parish,
which was incorporated 3 September, 1751, by the name of Derryfield, and is
now called Manchester. In 1753, the W. part of the town was set off as a
distinct parish, aud has been since known as the Long Meadows. In 1762,
that part of the town called Charmingfare was set off as a parish, and incor
porated by the name of Candia, 17 December, 1763. In 1763, the N. parish
or Freetown was set off as a parish or town, and incorporated 9 May, 1765,
by the name of Raymond. In 1822, a part of Chester was disannexed with
other tracts to form the town of Hooksett. MS. Letter of Samuel D. Bell, Esq.]
t [The settlement of Barrington began in 1732. Fourteen of the first plant
ers were living in 1785, who Were between 80 and 90 years of age. A con-
fregational church was organized and Rev. Joseph Prince was ordained 18
une, 1755. He was dismissed in 1768. His successors have been Rev. Da
vid Tenney from 1771 to 1778, Rev. Benjamin Balch from 1784 to 1815, and
Rev . Cephas H . Kent, from October, 1828 to 1830. The township was divided
in 1820 into two nearly equal parts, and the western division was incorporated
into a new town by the name of Strafford.]

1722.] PROVINCE. SAMUEL SHUTE. 197
and the claimants ; but with a clause of reservation, ' as far as in
us lies,' that there might be no infringement on the claims.
The signing of these grants was the last act of government
performed by Shute in New-Hampshire. A violent party in
Massachusetts had made such strenuous opposition to him and
caused him so much vexation, as rendered it eligible for him to
ask leave to return to England. He is said to have been a man
of a humane, obliging and friendly disposition ; but having been
used to military command, could not bear with patience the col
lision of parties, nor keep his temper when provoked. Fond of
ease, and now in the decline of life, he would gladly have spent
his days in America if he could have avoided controversy. The
people of New-Hampshire were satisfied with his administration,
as far as it respected them ; and though they did not settle a sal
ary on him as on his predecessor, yet they made him a grant twice
in the year, generally amounting to a hundred pounds, and paid
it out of the excise which was voted from year to year.1 This
was more in proportion, than he received from his other govern
ment. On his departure for England, which was very 179q
sudden and unexpected, lieutenant-governor Wentworth, June j"
took the chief command, in a time of distress and perplex
ity ; the country being then involved in another war with the
natives.

CHAPTER XIV.
The fourth Indian War, commonly called the three years' war, or LovewellV

war.

To account for the frequent wars with the eastern Indians,
usually called by the French, the Abenaquis, and their unsteadi
ness both in war and peace ; we must observe, that they were
situated between the colonies of two European nations, who were
often at war with each other, and who pursued very different
measures with regard to them.
As the lands, on which they lived, were comprehended in the
patents granted by the crown of England, the natives were con
sidered by the English, as subjects of that crown. In the treaties
and conferences held with them, they were styled the king's sub
jects ; when war was declared against them, they were called
rebels ; and when they were compelled to make peace, they sub
scribed an acknowledgment of their perfidy, and a declaration of
their submission to the government, without any just ideas of the
(1) Assembly Records.

198 HISTORY OF NEW-HAMPSHIRE.
meaning of those terms ; and it is a difficult point to determine
what kind of subjects they were.
Beside the patents, derived from the crown, the English, in
general, were fond of obtaining from the Indians, deeds of sale for
those lands, on which they were disposed to make settlements.
Some of these deeds were executed with legal formality, and a
valuable consideration was paid to the natives for the purchase ;
others were of obscure and uncertain original ; but the memory
of such transactions was soon lost, among a people who had no
written records. Lands had been purchased of the Indian chiefs,
on the rivers Kennebeck and St. George, at an early period ; but
the succeeding Indians either had no knowledge of the sales made
by their ancestors, or had an idea that such bargains were not
binding on posterity ; who had as much need of the lands, and
could use them to the same purpose as their fathers. At first,
the Indians did not know that the European manner of cultivating
lands, and erecting mills and dams, would drive away the game
and fish, and thereby deprive them of the means of subsistence ;
afterward, finding by experience that this was the consequence
of admitting foreigners to settle among them, they repented of
their hospitality, and were inclined to dispossess their new neigh
bors, as the only way of restoring the country to its pristine state,
and of recovering their usual mode of subsistence.
They were extremely offended by the settlements, which the
English, after the peace of Utretcht, made on the lands to the
eastward, and by their building forts, block houses and mills ;
whereby their usual mode of passing the rivers and carrying-places
was interrupted ; and they could not believe, though they were
told with great solemnity, that these fortifications were erected for
their defence against invasion.1 When conferences were held
with them on this subject, they either denied that the lands had
been sold, or pretended that the sachems had exceeded their
power in making the bargains ; or had conveyed lands beyond the
limits of their tribe ; or that the English had taken advantage of
their drunkenness to make them sign the deeds ; or that no val
uable consideration had been given for the purchase.2 No argu
ments or evidence which could be adduced would satisfy them,
unless the lands were paid for again ; and had this been done
once, their posterity after a few years would have renewed the
demand. On the other hand, the French did not in a formal manner de
clare them subjects of the crown of France ; but every tribe,
however small, was allowed to preserve its independence.3 Those
who were situated in the heart of Canada kept their lands to them
selves, which were never solicited from them ; those who dwelt
(3) Governor Shute's conference, 1717. (2) Waldo's defence of Loveret's
title. (3) Abbe Rayn&l.

1717.] PROVINCE. SAMUEL SHUTE. 199
on the rivers and shores of the Atlantic, though distant from the
French colonies, received annual presents from the king of
France ; and solitary traders resided with, or occasionally visited
them ; but no attempt was made by any company to settle on
their lands.
It was in the power of the English to supply them with provis
ions, arms, ammunition, blankets and other articles which they
wanted, cheaper than they could purchase them of the
French. Governor Shute had promised that trading houses
should be established among them, and that a smith should be
provided to keep their arms and other instruments in repair ; but
the unhappy contentions between the governor and assembly of
Massachusetts prevented a compliance with this engagement.
The Indians were therefore obliged to submit to the impositions
of private traders, or to seek supplies from the French ; who failed
not to join with them in reproaching the English for this breach
of promise, and for their avidity in getting away the land.
The inhabitants of the eastern parts of New-England were not
of the best character for religion, and were ill adapted to engage
the affections of the Indians by their example. The frequent
hostilities on this quarter, not only kept alive a spirit of jealousy
and revenge in individuals, but prevented any endeavors to prop
agate religious knowledge among the Indians by the government ;
though it was one of the conditions of their charter ; and though
many good men wished it might be attempted. At length, Gov
ernor. Shute, in his conference with their sachems at Arrowsick,
introduced this important- business by offering them in a formal
manner, an Indian bible, and a protestant missionary ; but they
rejected both, saying ' God hath given us teaching already, and if
' we should go from it, we should displease him.' He would
have done much better service, and perhaps prevented a war, if
he had complied with their earnest desire to fix a boundary, be
yond which the English should not extend their settlements.1
A gentleman, in conversation with one of their sachems, asked
him why they were so strongly attached to the French, from
whom they could not expect to receive so much benefit as from the
English ; the sachem gravely answered, ' because the French
' have taught us to pray to God, which the English never did.'2
It has been observed in the former part of this work, that the
Jesuits had planted themselves among these tribes. They had
one church at Penobscot, and another at Norridgewog, where
Sebastian Ralle, a French Jesuit, resided. He was a man of
good sense, learning and address, and by a compliance with their
mode of life, and a gentle, condescending deportment, had gained
their affections so as to manage them at his pleasure. Knowing
the power of superstition over the savage mind, he took advantage
(1) Judge Sewal'e memorial. (2) Penhallow's MSS.

200 HISTORY OF NEW-HAMPSHIRE. [1720.
of this, and of their prejudice against the English, to promote the
cause, and strengthen the interest of the French among them.
He even made the offices of devotion serve as incentives to their
ferocity, and kept a flag, in which was depicted a cross, surround
ed by bows and arrows, which he used to hoist on a pole, at the
door of his church, when he gave them absolution, previously to
their engaging in any warlike enterprise.1 *
With this Jesuit, the governor of Canada held a close corres
pondence ; and by him was informed of every thing transacted
among the Indians. By this means, their discontent with the
English, on account of the settlements made at the eastward, was
heightened and inflamed ; and they received every encourage
ment, to assert their title to the lands in question,, and molest the
¦settlers, by killing their cattle, burning their stacks of hay, rob
bing and insulting them. These insolencies discouraged the peo
ple, and caused many of them to remove. The garrisons were
then reinforced ; and scouting parties were ordered into theeast-
.ern quarter, under the command of Colonel Shadrach Walton.
By this appearance of force, the Indians, who dreaded the power
of the English, were restrained from open hostilities. They had
frequent parleys with the commanders of forts, and with commis
sioners who visited them occasionally; and though at first they
seemed to be resolute in demanding the removal of the English,
declaring that ' they had fought for the land three times, and
' would fight for it again ;'2 yet when they were told that there
was no alternative but perfect peace or open war, and that if they
chose peace they must forbear every kind of insult, they seemed
to prefer peace ; and either pretended ignorance of what had
been done, or promised to make inquiry into it ; and as an evi
dence of their good intentions, offered a tribute of skins, and de
livered up four of their young men as hostages.
This proceeding was highly disrelished by the governor of
Canada ; who renewed his efforts to keep up the quarrel, and
secretly promised to supply the Indians with arms and ammuni
tion.; though as it was a time of peaco between the two crowns,
he could not openly assist them.3
(1) New-England Courant, No. 160. (2) Captain Penhallow's MSS.—
i(3) Hutch. Hist. 263.
* [The writer of a biographical memoir of Ralle, published in the 2 Coll.
Mass. Hist. Soc. viii. 250 — 257, has attempted to vindicate his character from
•this charge, and from several aspersions which appear in works of writers
contemporary with the missionary. In relation to the statement in the text,
derived from the New-England Courant, the writer says, " How much reli
ance is to be placed upon newspaper paragraphs, written respecting those
with whom hostilities are carried on, the dispassionate will judge. Imputed
reasons are not always correct : if they were, the aborigines might infer that
the figure of an Indian, with a drawn sword over his head on the flag of the
English inhabitants of Massachusetts, implied that it was borne in menace of
an exterminating war against all Indians."]

1720.] PROVINCE. SAMUEL SHUTE. 201
The New-England governments, though highly incensed, were
not easily persuaded to consent to a war. The dispute was be
tween the Indians and the proprietors of the eastern lands, in.
which the public were not directly interested. No blood had as
yet been shed. Canseau had been surprised and plundered, and
some people killed there ; but that was in the government of Nova-
Scotia. Ralle was regarded as the principal instigator of the In
dians ; and it was thought, that if he could be taken off they
would be quiet. It was once proposed to send the sheriff of
York county, with a posse of one hundred and fifty men, to seize
and bring him to Boston ; but this was not agreed to. The 1 _„ t
next summer, Ralle in company with Castine from Penob
scot, and Croisil from Canada, appeared among the Indians, at a
conference held on Arrowsick Island, with Captain Penhal
low, the commander of the garrison, and brought a letter, u 7"
written in the name of the several tribes of Indians, directed to
Governor Shute ; in which it was declared, ' that if the English
' did not remove in three weeks, they would kill them and their
' cattle, and burn their houses.' An additional guard was sent
down ; but the government, loath to come to a rupture, and de
sirous if possible to treat with the Indians separately from the
French emissaries, invited them to another conference, which in
vitation they treated with neglect.
In the succeeding winter, a party under Colonel Thomas West-
brooke was ordered to Norridgewog to seize Ralle. They ar
rived at the village undiscovered ; but before they could surround
his house, he escaped into the woods, leaving his papers in his
strong box, which they brought off without doing any other dam
age. Among these papers were his letters of correspondence
with the governor of Canada, by which it clearly appeared, that
he was deeply engaged in exciting the Indians to a rupture, and
had promised to assist them.
This attempt to seize their spiritual father, could not long be
unrevenged. The next summer, they took nine families . .»,
from Merrymeeting bay, and after dismissing some of the Junei3'
prisoners, retained enough to secure the redemption of
their hostages and sent them to Canada.1 About the same time,
they made an attempt on the fort at St. George's ; but were re
pulsed with considerable loss. They also surprised some fishing
vessels in the eastern harbors ; and at length, made a furious at
tack on the town of Brunswick, which they destroyed. } ^
This action determined the government to issue a declar
ation of war against them, which was published in form at Boston
and Portsmouth.
New-Hampshire being seated in the bosom of Massachusetts,
had the same interest to serve, and bore a proportionable share
(1) Penhallow's Indian wars, p. 85.
28

203 HISTORY OF NEW-HAMPSHIRE. [1722.
of all these transactions and the expenses attending them. Wal
ton, who first commanded the forces sent into the eastern parts,
and Westbrooke, who succeeded him, as well as Penhallow, the
commander of the fort at Arrowsick, were New-Hampshire men.
The two former were of the council. A declaration of war being
made, the enemy were expected on every part of the frontiers ;
and the Assembly were obliged to concert measures for their se
curity, after an interval of peace for about ten years.
The usual route of the Indians, in their marches to the frontiers
of New-Hampshire, was by the way of Winnipiseogee lake.
The distance from Cochecho falls, in the town of Dover, to the
southeast bay of that lake, is about thirty miles. It was thought
that if a road could be opened to that place, and a fort built there,
the enemy would be prevented from coming that way. Orders
were accordingly issued, and a party of two hundred and fifty
men were employed in cutting down the woods for a road ; but
the expense so far exceeded the benefit which could be expected
from a fort at such a distance, in the wilderness, to be supplied
with provisions and ammunition by land carriage, which might
easily be interrupted by the enemy, that the design was laid aside,
and the old method of defence by scouts and garrisons was adop
ted.1 Lieutenant Governor Wentworth, being commander in
chief in Shute's absence, was particularly careful to supply the
garrisons with stores, and visit them in person, to see that the duty
was regularly performed ; for which, and other prudent and
faithful services, he frequently received the acknowledgments of
the Assembly and grants of money, generally amounting to one
hundred pounds at every session, and sometimes more. They
also took care to enlist men for two years, and to establish the
wages of officers and soldiers at the following rates ; a captain,
at seven pounds per month ; a lieutenant, four pounds ; a ser
geant, fifty-eight shillings ; a corporal, forty-five shillings, and a
private, forty shillings. A bounty of one hundred pounds was
offered for every Indian scalp. The difference between the cur
rency and sterling, was two and a half for one.*
(1) Assembly Records.
* [1723. On the 24 February, sixty three of the inhabitants " living in that
part of New-Castle, called Little-Harbor and Sandy Beach, and at the east
ward of the Little River, so called, at the easterly end of Hampton next to
Sandy Beach, with sundry persons of Portsmouth living near Sandy Beach,"
being in all sixty families or upwards, petitioned the governor and council to
be set off as " a particular district or precinct for maintaining a minister with
the privileges of carrying on the affairs of a town or parish." The petition
ers state that by reason of the great distance they live from any meeting
house, the " greatest part of their families were deprived of the dispensations
of the gospel, and that there had been almost a famine of the word and wor
ship of God amongst them, there being near four hundred souls, whereof not
above the sixth or seventh part could attend said worship." MS. Petition. —
Their petition was probably granted, as the next year, they built a meeting
house, and in 1726, gathered a church, and settled Rev. Nathaniel Morrill for

1722.] PROVINCE. JOHN WENTWORTH. 203
The first appearance of the enemy in New-Hampshire, was at
Dover, where they surprised and killed Joseph Ham, and „<,„
took three of his children ; the rest of the family escaped " '
to the garrison. Soon after, they waylaid the road, and
killed Tristram Heard.* Their next onset was at Lamprey Au8'- 29-
river, where they killed Aaron Rawlins and one of his children,
taking his wife and three children captive.1 f
(1) Penhallow, page 96.
their first minister. The early names in Rye were those of Berry, Seavey,
Brackett, Rand, Locke, Wallis and Jenness, most of which are still found
there. It had 72 ratable polls in 1727, and 736 inhabitants in 1767. The
settlement of this town dates back to the year 1631, perhaps somewhat earlier.]
* [Tristram Heard was son of the widow Elizabeth Heard, who so remark
ably escaped in 1689, when Major Waldron and his neighhors were slain.
He was born 4 March, 1667, and was consequently 56 years of age when
killed. His mother, who is said by Rev. John Pike to have been, " a grave
and pious woman, even the mother of virtue and piety," died 30 November,
1706.] t ' This Aaron Rawlins (whose wife was a daughter of Edward Taylor, who
was killed by the Indians 1704) lived upon the plantation left by Taylor,
about half a mile west from Lamprey river landing, at the lower falls on
Piscasick river. The people there at that time, commonly retired, at night,
to the garrisoned houses, and returned home in the day time ; but that
night they neglected to retire as usual. His brother Samuel also lived
about half a mile distant on the same river. It seems the Indian scout con
sisted of eighteen, who probably had been re<sonnoitering some time; and in
tended to have destroyed both the families, and for that purpose divided, and
nine went to each house ; but the party that went to Samuel Rawlins's,
beating in the windows, and finding the family gone, immediately joined
their companions, who were engaged at Aaron's. His wife went out at the
door, perhaps sooner than they would otherwise have assaulted the house,
and was immediately seized, and one or two of her children who followed
her. Her husband being alarmed, secured the door before they could .enter,
and with his eldest daughter, about twelve years old, stood upon his defence,
repeatedly firing wherever they attempted to enter, and at the same time
calling earnestly to his neighbors for help ; but the people in the several
garrisoned houses near, apprehending from the noise and incessant firing,
the number of the enemy to be greater than they were and expecting every
moment to be attacked themselves, did not venture to come to his assistance.
Having for some time bravely withstood such unequal force, he was at last
killed by their random shots through the house , which they then broke open ,
and killed his daughter. They scalped him, and cut off his daughter's head,
either through haste, or probably being enraged against her, on account of
the assistance she had afforded her father in their defence, which evidently
appeared by her hands being soiled with powder. His wife and two chil
dren, a son and a daughter, they carried to Canada : The woman was re
deemed in a few years. The son was adopted by the Indians, and lived with
them all his days ; he came into Penacook with the Indians after the peace,
and expressed to some people with whom he conversed, much resentment
against his uncle Samuel Rawlins, on supposing he had detained from his
mother some property left by his father, but manifested no desire of return
ing to Newmarket again. The daughter married with a Frenchman, and
when she was near sixty years old, returned with her husband to her native
place, in expectation of recovering the patrimony she conceived was left at
the death of her father : But the estate having been sold by her grand
father Taylor's administrators, they were disappointed, and after a year or
two went back to Canada.'
This account was collected from some of the surviving sufferers, and other
aged persons who were witnesses of the scene, by Wentworth Cheswell, Esq.
of Newmarket.

204 HISTORY OF NEW-HAMPSHIRE. [1724.
The next spring, they killed James Nock,* one of the elders
of the church at Oyster river, as he was returning on horeseback
from setting his beaver traps in the woods.1 Soon after,
they appeared at Kingston, where they took Peter Col-
May 16- cord and Ephraim Stevens, and two children of Ebenezer
Stevens.2 They were pursued by scouts from Kingston and
Londonderry, but in vain. Colcord made his escape in about six
months, and received a gratuity often pounds from the Assembly,
for his ' courage and ingenuity, and for the account he gave of the
' proceedings of the enemy.'3
On a sabbath day, they ambushed the road at Oyster river, and
Mav24 k'hed George Chesley, and mortally wounded Elizabeth
' Burnham, as they were returning together from public
worship.4 In a few days more, five Indians took Thomas
une Smith and John Carr at Chester ; and after carrying
them about thirty miles, bound them and lay down to sleep. The
captives escaped, and in three days arrived safe at a garrison in
Londonderry.5 The settlements at Oyster river being very much exposed, a
company of volunteers under the command of Abraham Benwick,
who went out on the encouragement offered by the government
for scalps, were about marching to make discoveries. It hap
pened that Moses Davis,f and Ids son of the same name,
' being at work in their corn field, went to a brook to drink,
where they discovered three Indian packs. They immediately
gave notice of this discovery to the volunteer company, and went
before to guide them to the spot. The Indians had placed them
selves in ambush ; and the unhappy father and son were both
killed. The company then fired, killed one and wounded two
others, who made their escape, though they were pursued and
tracked by their blood to a considerable distance.6 The slain In
dian was a person of distinction, and wore a kind of coronet of
scarlet dyed fur, with an appendage of four small bells, by the
sound of which the others might follow him through the thickets.
His hair was remarkably soft and fine ; and he had about him a
devotional book and a muster-roll of one hundred and eighty In
dians ; from which circumstances it was supposed that he was a
natural son of the Jesuit Ralle, by an Indian woman who had
served him as a laundress.7 J His scalp was presented to the lieu-
(1) MS. of Rev. Hugh Adams. (2) MS. of Rev. Ward Clark. (3) Assem
bly Records. (4) Penhallow and Hugh Adams. (5) New-England Courant.
(6) Penhallow, p. 101. (7) Hugh Adams's MS.
* [Penhallow says Sylvanus Nock.]
t [Moses Davis was son of John Davis, and brother of Captain James Davis,
afterwards colonel, who is mentioned under 1703 and 1709. He was born at
Dover, 30 December, 1657, and was in the 67th year of his age at the time he
was killed.]
X [The writer before referred to, (2 Coll. Mass. Hist. Soc. viii. 256) remarks
on this statement as follows : " Now, we learn from Charlevoix, T. II. p.

1724.] PROVINCE. JOHN WENTWORTH. 205
tenant governor in council, by Robert Burnham, and the promis
ed bounty was paid to captain Francis Matthews, in trust for the
company.1 Within the town of Dover were many families of Quakers ;
who scrupling the lawfulness of war, could not be persuaded to
use any means for their defence ; though equally exposed with
their neighbors to an enemy who made no distinction between
them. One of these people, Ebenezer Downs, was taken by the
Indians, and was grossly insulted and abused by them, because he
refused to dance as the other prisoners did, for the diversion of
their savage captors. Another of them, John Hanson, who lived
on the outside of the town, in a remote situation, could not be per
suaded to remove to a garrison, though he had a a large family
of children. A party of thirteen Indians, called French Mo
hawks, had marked his house for their prey ; and lay several days
in ambush, waiting for an opportunity to assault it. While Han
son with his eldest daughter were gone to attend the weekly meet
ing of friends, and his two eldest sons were at work in a meadow
at some distance ; the Indians entered the house, killed and scalp
ed two small children, and took his wife, with her infant of four
teen days old, her nurse, two daughters and a son, and after
rifling the house, carried them off. This was done so suddenly
and secretly, that the first person who discovered it was the eldest
daughter at her return from the meeting before her father. See
ing the two children dead at the door, she gave a shriek of dis
tress, which was distinctly heard by her mother, then in the hands
of the enemy among the bushes, and by her brothers in the
meadow. The people being alarmed, went in pursuit ; but the
Indians cautiously avoiding all paths, went off with their captives
undiscovered. After this disaster had befallen his family, Han
son removed the remainder of them to the house of his brother ;
who, though of the same religious persuasion, yet had a number
of lusty sons, and always kept his fire-arms in good order, for the
purpose of shooting game.*
(1) Assembly Records, June 12.
107 and 379, that the Sieur de S. Castine had married an Abnaquis ; that
the children lived with their maternal relations ; that the eldest son, the Bar
on de Castine, considered himself as belonging on his mother's side to the
nation of the Abnaquis, and in 1721, had become acknowledged as their chief.
' From which circumstances, it may be supposed' with much greater probabil
ity, that the Indian in question was of the family of Castine, and not a natural
son of the priest. His muster roll imports his being a chieftain ; and his cor
onet designates his claim to nobility."]
* This account is given as collected from the information of the family. A
narrative of their distresses is in print. The woman, though of a tender
constitution, had a firm and vigorous mind, and passed through the various
hardships of an Indian captivity, with much resolution and patience. When
her milk failed, she supported her infant with water, which she warmed in
her mouth, and dropped on her breast,, till the squaws taught her to beat the
kernel of walnuts and boil it with bruised corn, which proved a nourishing
food for her babe. They were all sold to the French in Canada. Hanson

206 HISTORY OF NEW-HAMPSHIRE. [1724.
These and other insolencies of the enemy being daily perpe
trated on the frontiers, caused the governments to resolve on an
expedition to Norridgewog. The captains Moulton* and Har-
man, both of York, each at the head of company of one
s' ' hundred men, executed their orders with great address.
They completely invested and surprised that village ; killed the
obnoxious Jesuit with about eighty of his Indians ; recovered
three captives ; destroyed the chapel, and brought away the plate
and furniture of the altar, and the devotional flag, as trophies of
their victory. f Ralle was then in the sixty-eighth year of his
age, and had resided in his mission at Norridgewog twenty-six
years ; having before spent six years in travelling among the In
dian nations, in the interior parts of America.1 J
(1) Hutch. Hist. Mass, ii. 309. New-England Courant. MS. of Hugh
Adams. went the next spring and redeemed his wife, the three younger children and
the nurse but he could not obtain the elder daughter of seventeen years old,
though he saw and conversed with her. He also redeemed Ebenezer Downs.
He made a second attempt in 1727, but died at Crown-point, on his way to
Canada. The girl was married to a Frenchman, and never returned.
* [He was afterwards colonel of a regiment of provincials at the seige of
Louisburg in 1745. He was also a member of the executive council of Mas
sachusetts, and sustained with high reputation, the first civil and military of
fices in the county of York. He died in the town of York, 20 July, 1765, aged
77. Alden, Coll. of Epitaphs, ii. 118.]
t [From the Memoir before quoted, it may be proper to give an abstract of
the French account of the attack on Narrantsouak or Norridgewog, as given
by Father de la Chasse, superior general of the missions to New France. (See
2 Coll. Mass. Hist. Soc. viii. 254.)
" There were not above fifty fighing men in the village. These took to
their arms, and ran out in confusion, not with any expectation of defending
the place against an enemy already in possession, but to favor the escape of
their wives, their old men and children, and to give them time to gain the oth
er side of the river, of which the English had not then possessed themselves.
" The noise and tumult gave Father Rasles notice of the danger his con
verts were in. Not intimidated, he went out to meet the assailants in hopes
to draw all his attention to himself and secure his flock at the peril of his own
life. He was not disappointed. As soon as he appeared, the English set up a
shout, which was followed by a shower of shot, and he fell near a cross which
he had erected in the middle of the village, and with him seven Indians, who
jhad accompanied him to shelter him with their own bodies. The Indians, in
the greatest consternation at his death, immediately took to flight, and crossed
the river, some by fording, and others swimming. The enemy pursued them
-until they entered far into the woods ; and then returned, and pillaged and
burnt the church and the w.igwams. Notwithstanding so many shot had been
fired, only thirty of the Indians were slain, and fourteen wounded. After
having accomplished their object, the English withdrew with such precipita
tion that it seemed rather a flight than a victory." 2 Coll. Mass. Hist. Soc.
viii. 254, 255.]
X [Sebastian Rasles, or Ralle, was of a respectable family in Franche-Comte,
and was born about the year 1657. Being appointed a missionary from the
Society of Jesuits to the Indians of North America, he embarked at Rochelle,
in France, on the 23d- of July 1689, and arrived at Quebec, in October follow
ing. He immediately applied himself to learning the language of the Jijma-
kis ; and went to reside in their village, containing 200 inhabitants and situ
ated about three leagues from Quebec, in the midst of a forest. Among the
various tribes of Indians, he passed the rest of his life, conforming to their
pustoms, living upon their unpalatable food, in irregular and uncertain sup-

1724.]

PROVINCE. JOHN WENTWORTH. 207

The parties of Indians who were abroad, continued to ravage
the frontiers. Two men being missing from Dunstable, a scout
of eleven went in quest of them. They were fired upon by thir
ty of the enemy, and nine of them were killed.1 The „
other two made their escape, though one of them was badly ep '
wounded.* Afterward another company fell into their ambush
(1) New-England Courant.
plies ; taking long journeys through a rugged wilderness, without shelter or
comfortable repose by night, and with incessant fatigue by day. He is said
to have been a man of superior sense and profound learning ; and particular
ly skilled in Latin, which he wrote with classical purity. See Memoir of him
in 2 Coll. Mass. Hist. Soc. viii. 250—257.]
* [The persons taken were Nathan Cross and Thomas Blanchard, who had
been engaged in the manufacture of turpentine on the north side of Nashua
river, near where Nashua village now stands. At that time, there were no
houses or settlements on that side of the river. These men had been in the
habit of returning every night to lodge in a saw mill on the other side. That
night they came not as usual. An alarm was given, as it was feared they had
fallen into the hands of the Indians. A party consisting of ten of the princi
pal inhabitants of the place started in search of them under the direction of
one French, a sergeat of the militia. In this company was Joseph Farwell,
who was the next year lieutenantjinder Lovewell. When this party arrived
at the spot where these men had been laboring, they found the hoops of the
barrel cut, and the turpentine spread on the ground. From certain marks on
the trees made with coal mixed with grease, they understood that the men
were taken and carried off alive. In the course of the examination, Farwell
perceived the turpentine had not ceased spreading, and called the attention of
his comrades to this circumstance. They concluded that the Indians had been
fone but a short time, and must be near, and decided upon an instant pursuit.
arwell advised them to take a circuitous route, to avoid an ambush ; but un
fortunately, he and French had a short time previous had a misunderstanding,
and were then at variance. French imputed this advice to cowardice, and
called out, " 1 am going to take the direct path ; if any of you are not afraid,
let him follow me." French led the way, and the whole party followed, Far-
well falling in the rear. Their route was up the Merrimack, towards which
they bent their course to look for their horses upon the interval. At the
brook, near Lutwyche's (now Thornton's) ferry, they were way-laid. The
Indians fired upon them, and killed the larger part instantly. A few fled, but
were overtaken and destroyed. French was killed about a mile from the
place of action, under an oak tree, lately standing in a field belonging to Mr,.
Lund of Merrimack. Farwell, in the rear, seeing those before him fall,
sprung behind a tree, discharged his piece and ran. Two Indians pursued
him : the chase was vigorously maintained for some time, without gaining
much advantage, till Farwell passing through a thicket, the Indians lost sight.
of him, and probably fearing he might have loaded again, they desisted. He
was the only one of the company that escaped. A company from the neigh
borhood mustered on the news of this disaster, proceeded to the fatal spot,,
took up the bodies of their friends and townsmen, and interred them in the
burying ground in Dunstable.
My friend J. B. Hill, Esq., of Exeter, Maine, to whom I am indebted for
the preceding note, communicated in 1823, informs me, that in the old church
yard in Dunstable, on the road to Boston, near the south line of the town, if.
a monument with the following inscription, copied verbatim et literatim..
" Memento Mori.
Here lies the body of Mr. Thomas Lund,
who departed this life, Sept. 5th, 1724, in the
42d year of his age.
This man with seven more that lies in
this grave was slew all in a clay by
the Indiens."

208 HISTORY OF NEW-HAMPSHIRE. [1724.
and engaged them ; but the enemy being superior in number
overpowered them, killed one, and wounded four, the rest
Sept. 7. retreate(j- At Kingston, Jabez Colman* and his son Jo
seph, were killed as they were at work in the field.1 The success
of the forces at Norridgewog and the large premium offered for
scalps, having induced several volunteer companies to go out,
they visited one after another of the Indian villages, but found
them deserted. The fate of Norridgewog had struck such a ter
ror into them, that they did not think themselves safe at any of
their former places of abode, and occupied them as resting places
only, when they were scouting or hunting.
One of these volunteer companies, under the command of
captain John Lovewell of Dunstable, was greatly distinguished,
first by their success and afterwards by their misfortunes. This
company consisted of thirty. At their first excursion to the
D „ northward of Winnipiseogee lake, they discovered an In-
' dian wigwam, in which were a man and a boy.8 They
killed and scalped the man and brought the boy alive to Boston,
where they received the reward, promised by law, and a hand
some gratuity besides.
By this success, his company was augmented to seventy. They
marched again, and visiting the place where they had killed the
Indian, found his body as they had left it two months before. 3
1 79r Their provision falling short, thirty of them were dismissed
by lot and returned. The remaining forty continued their
march till they discovered a track, which they followed till they
saw a smoke just before sunset, by which they judged that
' the enemy were encamped for the night.4 They kept
themselves concealed till after midnight ; when they silently ad
vanced, and discovered ten Indians asleep, round a fire, by the
side of a frozen pond. Lovewell now determined to make sure
work ; and placing his men conveniently, ordered a part of them
to fire, five at once, as quick after each other as possible, and an
other part to reserve their fire : he gave the signal, by firing his
own gun, which killed two of them ; the men firing according to
order, killed five more on the spot ; the other three starting up
(1) Penhallow, p. 106. (2) Ibid. p. 107. (3) New-England Courant.—
(4) MS. of Hugh Adams.
Blanchard and Cross were carried to Canada. After remaining there some
time, they succeeded by their own exertions in effecting their redemption,
and returned to their native town. The text says that the party who went
after them consisted of eleven ; Penhallow says fourteen, but the number
stated in this note is probably correct, it being derived from the late colonel E.
Bancroft of Tyngsborough.]
* [The late venerable Samuel Welch, of Bow, who died 5 April, 1823, in
the 113th year of his age, remembered the death of Colman, as well as the
capture of Colcord and Stevens, mentioned under May, 1724, and related to
the editor some of the circumstances of these attacks of the Indians, less than
ft month before his death. It seemed from his account that Colman was shot,
" one ball through his neck and another through his hip."]

1725.] PROVINCE. JOHN WENTWORTH. 209
from their sleep, two of them were immediately shot dead by the
reserve. The other, though wounded, attempted to escape by
crossing the pond, but was seized by a dog and held fast till they
killed him. Thus in a few minutes the whole company was de
stroyed, and some attempt against the frontiers of New-Hamp
shire prevented ; for these Indians were marching from Canada,
well furnished with new guns, and plenty of ammunition ; they
had also a number of spare blankets, mockaseens and snow-shoes
for the accommodation of the prisoners whom they expected to
take, and were within two day's march of the frontiers.1 The
pond where this exploit w^as performed is at the head of a branch
of Salmonfall river, in the township of Wakefield, and has ever
since borne the name of Lov'ewell's pond. The action is spoken
of by elderly people, at this distance of time, with an air of ex
ultation ; and considering the extreme difficulty of finding and
attacking Indians in the woods, and the judicious manner in
which they were so completely surprised, it was a capital exploit.
The brave company, with the ten scalps stretched on hoops,
and elevated on poles, entered Dover in triumph, and pro- _ ~i
ceeded thence to Boston ; where they received the bounty
of one hundred pounds for each, out of the public treasury.
Encouraged by this success, Lovewell marched a third time ;
intending to attack the villages of Pequ'awket, on the upper M g
part of the river Saco, which had been the residence of a
formidable tribe, and which they still occasionally inhabited.2 His
company at this time consisted of forty-six, including a chaplain
and surgeon. Two of them proving lame, returned ; another
falling sick, they halted and built a stockade fort on the west side
of great Ossipee pond ; partly for the accommodation of the sick
man, and partly for a place of retreat in case of any misfortune.
Here the surgeon was left with the sick man, and eight of the
company for a guard. The number was now reduced to thirty-
four.* Pursuing their march to the northward, they came to a
(1) Penhallow, p. 110. (2) Symmes's Memoirs.
* [The names of this brave company deserve to be transmitted to posterity.
They were Capt. John Lovewell, Lieut. Joseph Farwell, Lieut. Jonathan Rob-
bins, Ensign John Harwood, Sergeant Noah Johnson, Robert Usher and Sam
uel Whiting, all of Dunstable ; Ensign Seth Wyman, Corporal Thomas Rich
ardson, Timothy Richardson, Ichabod Johnson and Josiah Johnson of Wo-
burn ; Eleazar Davis, Josiah Davis, Josiah Jones, David Melvin, Eleazar
Melvin, Jacob Farrar and Joseph Farrar of Concord ; Chaplain Jonathan Frye
of Andover; Sergeant Jacob Fulham of Weston ; Corp. Edward Lingfield of
Nuffield ; Jonathan Kittredge and Solomon Keyes of Billerica ; John Jefts,
Daniel Woods, Thomas Woods, John Chamberlain, Elias Barron, Isaac Lar-
kin and Joseph Gilson of Groton ; Ebenezer Ayer and Abiel Asten of Haver
hill ; and one whose name was considered unworthy of being transmitted to
posterity. Noah Johnson was the last survivor of this company. He was a
native of Woburn, Massachusetts, and one of the first settlers of Pembroke,
the town granted to the survivors and the heirs of those who were killed,
where he was deacon of the church. He removed to Plymouth in his old
age, and there died 13 August, 1798, in the 100th year of his age.]
29

210 HISTORY OF NEW-HAMPSHIRE. [1725.
pond, about twenty-two* miles distant from the fort, and encamped
by the side of it. Early the next morning, while at their devo-
May 8' tions, they heard the report of a gun, and discovered a single
Indian, standing on a point of land, which runs into the pond,
more than a mile distant. They had been alarmed the preceding
night by noises round their camp, which they imagined were
made by Indians, and this opinion was now strengthened. They
suspected that the Indian was placed there to decoy them, and
that a body of the enemy was in their front. A consultation be
ing held, they determined to march forward, and by encompass
ing the pond, to gain the place where the Indian stood ; and that
they might be ready for action, they disencumbered themselves
of their packs, and left them, without a guard, at the northeast
end of the pond, in a pitch-pine plain, where the trees were thin
and the brakes, at that time of the year, small. It happened that
Lovewell's march had crossed a carrying-place, by which two
parties of Indians, consisting of forty-one men, commanded by
Paugus and Wahwa, who had been scouting down Saco river,
were returning to the lower village of Pequawket, distant about a
mile and a half from this pond. Having fallen on his track, they
followed it till they came to the packs, which they removed ; and
counting them, found the number of his men to be less than their
own. They therefore placed themselves in ambush, to attack
them on their return. The Indian who had stood on the point,
and was returning to the village, by another path, met them, and
received their fire, which he returned, and wounded Lovewell
and another with small shot. Lieutenant Wyman firing again,
killed him, and they took his scalp.f Seeing no other enemy,
they returned to the place where they had left their packs, and
while they were looking for them, the Indians rose and ran to
ward them with a horrid yelling. A smart firing commenced on
both sides, it being now about ten of the clock. Captain Love-
* The printed accounts say forty ; it is probable that the march was circui
tous. t This Indian has been celebrated as a hero, and ranked with the Roman
Curtius, who devoted himself to death to save his country. (See Hutchin
son's History, vol. ii. page 315.)
Having been on the spot where this celebrated action happened, and having
conversed with persons who were acquainted with the Indians of Pequawket,
before and after this battle, I am convinced that there is no foundation for the
idea that he was placed there as a decoy ; and that he had no claim to the
character of a hero. The point on which he stood is a noted fishing place j
the gun which alarmed Lovewell's company was fired at a flock of ducks ;
and when they met him he was returning home with his game and two fowling
pieces. The village was situated at the edge of the meadow, on Saco river ;
which here forms a large bend. The remains of the stockades were found by
the first settlers, forty years afterward. The pond is in the township of Frye-
burg, [where, on the 19 May, 1825, was holden the first Centennial Celebra
tion of " Lovewell's Fight," and an Address delivered by Charles S. Daveis,
Esquire. The Address, containing 64 pages 8vo. was published at Portland
the same year.]

1725.] PROVINCE. JOHN WENTWORTH. 211
well and eight more were killed on the spot. Lieutenant Farwell
and two others were wounded. Several of the Indians fell ; but,
being superior in number, they .endeavored to surround the party,
who, perceiving their intention, retreated ; hoping to be sheltered
by a point of rocks which ran into the pond, and a few large pine
trees standing on a sandy beach. In this forlorn place, they took
their station. On their right was the mouth of a brook, at that
time unfordable ; on their left was the rocky point ; their front
was partly covered by a deep bog and partly uncovered, and the
pond was in their rear. The enemy galled them in front and
flank, and had them so completely in their power, that had they
made a prudent use of their advantage, the whole company must
either have been killed, or obliged to surrender at discretion ; be
ing destitute of a mouthful of sustenance, and an escape being
impracticable. Under the conduct of Lieutenant Wyman, they
kept up their fire, and shewed a resolute countenance, all the re
mainder of the day ; during which, their chaplain, Jonathan Frye,*
Ensign Robbins, and one more, were mortally wounded. The
Indians invited them to surrender, by holding up ropes to them,
and endeavored to intimidate them by their hideous yells ; but
they determined to die rather than yield ; and by their well di
rected fire, the number of the savages was thinned, and their cries
became fainter, till, just before night, they quitted their advanta
geous ground, carrying off their killed and wounded, and leaving
the dead bodies of Lovewell and his men unscalped. The shat
tered remnant of this brave company, collected themselves to
gether, found three of their number unable to move from the spot,
eleven wounded but able to march, and nine who had received no
hurt. It was melancholy to leave their dying companions behind,
but there was no possibility of removing them. One of them, en
sign Robbins, desired them to lay his gun by him charged, that
if the Indians should return before his death he might be able to
kill one more. After the rising of the moon, they quitted the fatal
spot, and directed their march toward the fort, where the surgeon
and guard had been left. To their great surprise, they found it
deserted. In the beginning of the action, one man, (whose name
has not been thought worthy to be transmitted to posterity) quitted
the field, and fled to the fort ; where, in the style of Job's messen
gers, he informed them of Lovewell's death, and the defeat of the
whole company ; upon which they made the best of their way
home ; leaving a quantity of bread and pork, which was a season
able relief to the retreating survivors. From this place, they en
deavored to get home. Lieutenant Farwell and the chaplain,
who had the journal of the march in his pocket, and one more,
* [He was the son of Capt. James Frye of Andover, where he was born. —
He graduated at Harvard college in 1723. The large elm near the house of
Mr. John Peters in Andover; was set out by him. Abbot, Hist. Andover,
135.]

212 HISTORY OF NEW-HAMPSHIRE. [1725.
perished in the woods, for want of dressing for their wounds.
The others, after enduring the most severe hardships, came in
one after another, and were not only received with joy, but were
recompensed for their valor, and sufferings ; and a generous pro
vision was made for the widows and children of the slain.1
A party from the frontiers of New-Hampshire, were ordered
out to bury the dead ; but by some mistake, did not reach the
place of action. Colonel Tyng, with a company from Dunstable,
went to the spot, and having found the bodies of twelve, buried
them, and carved their names on the trees where the battle was
fought. At a little distance, he found three Indian graves, which
he opened ; one of the bodies was known to be their warrior
Paugus. He also observed tracks of blood, on the ground, to a
great distance from the scene of action. It was remarked that a
week before this engagement happened, it had been reported in
Portsmouth, at the distance of eighty miles, with but little varia
tion from the truth.2 Such incidents were not uncommon, and
could scarcely deserve notice, if they did not indicate that a taste
for the marvellous was not extinguished in the minds of the most
sober and rational.
This was one of the most fierce and obstinate battles which had
been fought with the Indians. They had not only the advantage
of numbers, but of placing themselves in ambush, and waiting with
deliberation the moment of attack. These circumstances gave
them a degree of ardor and impetuosity. Lovewell and his men,
though disappointed of meeting the enemy in their front, expected
and determined to fight. The fall of their commander, and more
than one quarter of their number, in the first onset, was greatly
discouraging ; but they knew that the situation to which they were
reduced, and their distance from the frontiers, cut off all hope of
safety from flight. In these circumstances, prudence as well as
valor dictated a continuance of the engagement, and a refusal to
surrender ; until the enemy, awed by their brave resistance, and
weakened by their own loss, yielded them the honor of the field.
After this encounter, the Indians resided no more at Pequawket,
till the peace.*
The conduct of the Marquis de Vaudreuil, governor of Cana
da, was so flagrant a breach of the treaty of peace, subsisting be
tween the crowns of England and France, that it was thought, a
spirited remonstrance might make him ashamed, and produce
some beneficial effects. .With this view, the general court of
(1) Symmes's Memoirs. (2) Penhallow's Indian wars.
* This account of Lovewell's battle is collected from the authorities cited,
and from the verbal information of aged and intelligent persons. The names
of the dead, on the trees, and the holes where balls had entered and been cut
out, were plainly visible, when I was on the spot in 1784. The trees had the
appearance of being very old, and one of them was fallen.

1725.] PROVINCE. JOHN WENTWORTH. 213
Massachusetts proposed to the colonies of New-York, Connecti
cut, Rhode-Island and New-Hampshire, to join in sending com
missioners to Canada on this errand. New-Hampshire was the
only one which consented ; and Theodore Atkinson was appoint
ed on their part, to join with William Dudley and Samuel Thax-
ter on the part of Massachusetts.*
The instructions which they received from the lieutenant-gov
ernors, Dummer and Wentworth, by advice of the council and
assembly of each province, were nearly similar.1 They were to
demand of the French governor, restitution of the captives who
had been carried into Canada ; to remonstrate to him on his in
justice and breach of friendship, in countenancing the Indians in
their hostilities against the people of New-England ; to insist on
his withdrawing his assistance for the future ; and to observe to
him, that if in the farther prosecution of the war, our Indian allies,
should in their pursuit of the enemy commit hostilities against the
French, the blame would be entirely chargeable to himself.2 If
the French governor or the Indians, should make any overtures
for peace, they were empowered to give them passports, to come
either to Boston or Portsmouth, for that purpose, and to return ;
but they were not to enter into any treaty with them. The com
missioners were also furnished with the original letters of Vau
dreuil to the governors of New-England, and to the Jesuit Ralle,
and with copies of the several treaties which had been
made with the Indians. The gentlemen went by the way
of Albany, and over the lakes, on the ice, to Montreal, ]yrar 2
where they arrived after a tedious and dangerous journey.
The Marquis, who happened to be at Montreal, received and
entertained them with much politeness. Having delivered their
letters, and produced their commissions, they presented their re
monstrance in writing, and made the several demands agreeably
to their instructions ; using this among other arguments, ' Those
' Indians dwell either in the dominions of the king of Great-Brit-
' ain, or in the territories of the French king. If in the French
' king's dominions, the violation of the peace is very flagrant, they
' then being his subjects ; but if they are subjects of the British
' crown, then much more is it a breach of the peace, to excite a
' rebellion among, the subjects of his majesty of Great-Britain.'3
The governor gave them no written answer ; but denied that
the Abenaquis were under his government, and that he had either
encouraged or supplied them for the purpose of war. He said
that he considered them as an independent nation, and that the
war was undertaken by them, in defence of their lands, which had
(1) Mass. and N. H. Records. (2) [Ibid.] (2) Atkinson's MS. Journal.
* Mr. Hutchinson in his history, has not said a word respecting this em-
bassy. [The resolve appointing a commissioner in New-Hampshire passed
the General Assembly, 12 December, 1724.]

514 HISTORY OF NEW-HAMPSHIRE. [1725.
•been invaded by the people of New-England. The commission
ers in reply, informed him, that the lands for which the Indians
had quarrelled, were fairly purchased of their ancestors, and had
been for many years inhabited by the English. They produced
his own letters to the governors of New-England, in which he had
(inconsistently, and perhaps inadvertently) styled these Indians
' subjects of the king of France.' They also alleged the several
treaties held with them as evidence that they had acknowledged
themselves subjects of the British crown ; and, to his great morti
fication, they also produced his own original letters to the Jesuit
Ralle, which had been taken at Norridgewog, in which the evi
dence of his assisting and encouraging them in the war was too
flagrant to admit of palliation. Farther to strengthen this part of
their argument, they presented to the governor, a Mohawk whom
they had met with at Montreal, who, according to his own volun
tary acknowledgment, had been supplied by the governor with
arms, ammunition and provision to engage in the war, and had
killed one man, and taken another, whom he had sold in Canada.
In addition to what was urged by the commissioners in general,
Mr. Atkinson, on the part of New-Hampshire, entered into a
particular remonstrance ; alleging that the Indians had no cause
of controversy with that province, the lands in question being out
of their claim. To this, the governor answered, that New-Hamp
shire was a part of the same nation, and the Indians could make
no distinction. Atkinson asked him why they did not for the same
reason make war on the people of Albany ? The governor an
swered, ' The people of Albany have sent a message to pray
' me to restrain the savages from molesting them ; in a manner
' very different from your demands :' To which Atkinson with
equal spirit replied, ' Your lordship then is the right person, for
' our governments to apply to, if the Indians are subject to your
' orders.' Finding himself thus closely pressed, he promised to do what
Jay in his power to bring them to an accommodation, and to restore
ihose captives who were in the hands of the French, on the pay
ment of what they had cost; and he engaged to see that no un
reasonable demands should be made by the persons who held
ihem in servitude. As to those who still remained in the hands
of the Indians, he said, he had no power over them, and could
not engage for their redemption. He complained in his turn, of
(the governor of New-York, for building a fort on the river Onon-
dago, and said, that he should look upon that proceeding as a
breach of the treaty of peace ; and he boasted that he had the
five nations of the Iroquois so much under his influence, that he
could at any time, cause them to make war upon the subjects of
Great-Britain. The commissioners employed themselves very diligently in their

}725.] PROVINCE. JOHN WENTWORTH. 215-
inquiries respecting the captives, and in settling the terms of their
redemption. They succeeded in effecting the ransom of sixteen,
and engaging for ten others. The governor obliged the French,,
who held them, to abate of their demands ; but after all, they
were paid for at an exorbitant rate. He was extremely desirous,
that the gentlemen should have an interview with the Indians, who'
were at war ; and for this purpose, sent for a number of them
from the village of St. Francis, and kept them concealed in Mon
treal. The commissioners had repeatedly told him, that they had
no power to treat with them, and that they would not speak to
them, unless they should desire peace. At his request, the chief
of the Nipissins visited the commissioners, and said that they dis
approved the war, which their children the Abenaquis had made,
and would persuade them to ask for peace. After a variety of
manoeuvres, the governor at length promised the commissioners,
that if they would consent to meet the Indians at his house, they
should speak first. This assurance produced an interview ; and
the Indians asked the commissioners whether they would make
proposals of peace ? they answered, No. The Indians then pro
posed, that ' if the English would demolish all their forts, and re-
' move orie mile westward of Saco river ; if they would rebuild
' their church at Norridgewog, and restore to them their priest*
1 they would be brothers again.' The commissioners told them
that they had no warrant to treat with them ; but if they were
disposed for peace, they should have safe conduct to and frorji
Boston or Portsmouth ; and the governor promised to send his
son with them to see justice done. They answered, that ' this.
' was the only place to conclude peace, as the nations were near
' and could readily attend.' The governor would have had them
recede from their proposals, which he said were unreasonable,
and make others ; but father Le Chase, a Jesuit, being present,
and acting as interpreter for the Indians, embarrassed the matter
so much that nothing more was proposed. It was observed by
the commissioners, that when they conversed with the governor
alone, they found him more candid and open to conviction, than
when Le Chase, or any other Jesuit was present; and, through
the whole of their negotiation, it evidently appeared, that the gov
ernor himself, as well as the Indians, were subject to the powerful
influence of these ecclesiastics ; of whom there was a seminary
in Canada, under the direction of the Abbe de Belmont.
Having completed their business, and the rivers and lakes being
clear of ice, the commissioners took their leave of the governor,.
and set out on their return, with the redeemed captives, and a
guard of soldiers, which the governor ordered to attend them, as
far as Crown-point. They went down the river St. Lawrence to
the mouth of the Sorel, then up that river to Chamblee, and
through the lakes to fort Nicholson. After a pleasant passage, of
seven days, they arrived at Albany, [on the first of May.]

216 HISTORY OF NEW-HAMPSHIRE. [1725.
Here they found commissioners of Indian affairs for the prov
ince of New- York, to whom they communicated the observations
which they had made in Canada, and what the Marquis de Vau-
dreuil* had said respecting the five nations, and the fort at Onon-
dago. There being a deputation from these nations at Albany,
they held a conference with them, and gave them belts ; request
ing their assistance in establishing a peace with the Abenaquis.
From this place, Mr. Atkinson wrote to M. Cavanielle, son of
the Marquis, acknowledging the polite reception the commission
ers had met with from the family ; subjoining a copy of the infor
mation which they had given to the commissioners of New- York ;
and promising, that a due representation should be made, to the
kings of England and France, on the subject of their negotiation.
The report of the commissioners being laid before the assem
blies of Massachusetts and New-Hampshire, it was determined to
prosecute the war with vigor. Orders were issued for the de
fence and supply of the frontiers, and for the encouragement of
ranging parties, hoth volunteers and militia.1 A petition was sent
to the king, complaining of the French governor, and desiring
that orders might be given to the other colonies of New-England,
and to New- York, to furnish their quotas of assistance, in the fur
ther prosecution of the war ; and letters were written to the gov
ernor of New-York, requesting that such of the hostile Indians as
should resort to Albany, might be seized and secured.
The good effects of this mission to Canada were soon visible.
One of the Indian hostages who had been detained at Boston
through the whole war, together with one who had been taken,
were allowed on their parole, to visit their countrymen ; and they
returned with a request for peace. Commissioners from both
provinces went to St. George's ; where a conference was held,
which ended in a proposal for a farther treaty at Boston. In the
mean time, some of the enemy were disposed for further mischief.
Those who had been concerned in taking Hanson's family at Do
ver, in a short time after their redemption and return, came down
with a design to take them again, as they had threatened them, be-
g j. fore they left Canada. When they had come near the house,
p ' ' they observed some people at work in a neighboring field, by
which it was necessary for them to pass, both in going and return
ing. This obliged them to alter their purpose, and conceal them
selves in a barn, till they were ready to attack them. Two wo
men passed by the barn, while they were in it, and had just reach
ed the garrison as the guns were fired. They shot Benjamin
(1) Assembly Records.
* [He had been the governor of Canada through the war with the French
and Indians, called Queen Anne's war, and through Lovewell's war. He
died this year (1725) on the 25 of October. He was distinguished for bravery,
firmness and vigilance, and gave the English incredible trouble by the long
war he maintained against them, by exciting the savages to perpetual in
roads on their frontier. Lord, Lempriere, ii. 749.]

1725.] PROVINCE. JOHN WENTWORTH. 217
Evans dead on the spot ; wounded William Evans and cut his
throat. John Evans received a slight wound in the breast, which
bleeding pentifully, deceived them, and thinking him dead, they
stripped and scalped him. He bore the painful operation without
discovering any signs of life, though all the time in his perfect
senses, and continued in the feigned appearance of death, till they
had turned him over, and struck him several blows with their
guns, and left him for dead. After they were gone off, he rose
and walked, naked and bloody, toward the garrison ; but on meet
ing his friends by the way dropped, fainting on the ground, and
being covered with a blanket was conveyed to the house. He
recovered and lived fifty years. A pursuit was made after the
enemy, but they got off undiscovered, carrying with them Benja
min Evans, junior, a lad of thirteen years old, to Canada, whence
he was redeemed as usual by a charitable collection.
This was the last effort of the enemy in New-Hampshire. In
three months, the treaty which they desired was held in Boston,
and the next spring ratified at Falmouth.* A peace was D ir
concluded in the usual form ; which was followed by re
straining all private traffic with the Indians, and establishing truck-
houses in convenient places, where they were supplied with the
necessaries of life, on the most advantageous terms.1 Though
the governments on the whole, were losers by the trade, yet it
was a more honorable way of preserving the peace, than if an
acknowledgement had been made to the Indians in any other
manner. None of the other colonies of New-England bore any share in
the expenses or calamities of this war ; and New-Hampshire did
not suffer so much as in former wars ; partly by reason of the
more extended frontier of Massachusetts, both on the eastern and
western parts, against the former of which the enemy directed their
greatest fury ; and partly by reason of the success of the ranging par
ties, who constantly traversed the woods as far northward as the
White Mountains. The militia at this time was completely trained
for active service ; every manof forty years of age having seen more
than twenty years of war. They had been used to handle their
arms from the age of childhood,. and most of them, by long prac
tice, had become excellent marksmen, and good hunters. They
were well acquainted with the lurking places of the enemy ; and
possessed a degree of hardiness and intrepidity, which can be
acquired only by the habitude of those scenes of danger and fa-
(1) Hutch, ii. 318.
* [The commissioners sent from New-Hampshire, and who were present at
trie formation of this treaty, were from the council, John Frost and Shadrach
Walton, and from the house, John Gilman and Theodore Atkinson. Those
appointed to attend the ratification of it, were .George Jaffrey, Shadrach Wal
ton and Richard Wibird of the council, and Peter Weare, Theodore Atkinson
and John Gilman of the house.]
30

218 HISTORY OF NEW-HAMPSHIRE. [1725.
tigue, to which they were daily exposed. They had also imbibed
from their infancy a strong antipathy to the savage natives ; which
was strengthened by repeated horrors of blood and desolation, and
not obliterated by the intercourse which they had with them in
time of peace. As the Indians frequently resorted to the frontier
towns in time of scarcity, it was common for them to visit the
families whom they had injured in war ; to recount the circum
stances of death and torture which had been practised on their
friends ; and when provoked or intoxicated, to threaten a repe
tition of such insults in future wars. To bear such treatment re
quired more than human patience ; and it is not improbable that
secret murders were sometimes the consequence of these harsh
provocations. Certain it is, that when any person was arrested,
for killing an Indian in time of peace, he was either forcibly res
cued from the hands of justice, or if brought to trial, invariably
acquitted ; it being impossible to impannel a jury, some of whom
had not suffered by the Indians, either in their persons or families.

CHAPTER XV.
Wentworth's administration continued. Burnet's short administration. Bel
cher succeeds him. Wentworth's death and character.
During the war, the lieutenant governor had managed the ex
ecutive department with much prudence ; the people were satis
fied with his administration, and entertained an affection for him,
which was expressed not only by words, but by frequent grants of
1?9r money, in the general assembly. WThen he returned from
Jan 5* Boston, where the treaty of peace was concluded, they
presented to him an address of congratulation, and told
him that ' his absence had seemed long ; but the service he had
' done them filled their hearts with satisfaction.'1 This address
was followed by a grant of one hundred pounds. He had, just
before, consented to an emission of two thousand pounds in bills of
credit, to be paid, one half in the year 1735, and the other half in
1736. An excise was laid for three years, and was framed for
three hundred pounds.
The divisional line between the provinces of New-Hampshire
and Massachusetts was yet unsettled, and in addition to the usual
disadvantages occasioned by this long neglect, a new one arose.
By the construction which Massachusetts put on their charter, all
the lands three miles northward of the river Merrimack were
within their limits. On this principle, a grant had formerly been
(1) General Court Records.

1726.] PROVINCE. JOHN WENTWORTH. 219
made to Governor Endecott, of some lands at Penacook ; which
had been the seat of a numerous and powerful tribe of Indians.
The quality of the land at that place invited the attention of ad
venturers from Andover, Bradford and Haverhill ; to whom a
grant was made of a township, seven miles square ; comprehend
ing the lands on both sides of the Merrimack, extending south
wardly from the branch called Contoocook.1 This grant awak
ened the attention of others ; and a motion was made in
the Massachusetts assembly, for a line of townships, to ex
tend from Dunstable on Merrimack, to Northfield on Connecticut
river ; but the motion was not immediately adopted. The assem
bly of New-Hampshire was alarmed. Newman, their agent, had
been a long time at the British court, soliciting the settlement of
the line, and a supply of military stores for the fort. Fresh in
structions were sent to him to expedite the business, and to sub
mit the settlement of the line to the king. A committee was ap
pointed to go to Penacook, to confer with a committee of Massa
chusetts, then employed in laying out the lands, and to remonstrate
against their proceeding.2 A survey of other lands near Winni-
piseogee lake, was ordered ; that it might be known, what number
of townships could be laid out, independently of the Massachusetts
claim. On the other hand, the heirs of Allen renewed their
endeavors, and one of them, John Hobby, petitioned the assembly
to compound with him for his claim to half the province; but the
only answer which he could obtain was that ' the courts of law
' were competent to the determination of titles,' and his petition
was dismissed.
Both provinces became earnestly engaged. Massachusetts
proposed to New-Hampshire the appointment of commissioners,
to establish the line. The New-Hampshire assembly refused,
because they had submitted the case to the king. The Massa
chusetts people, foreseeing that the result of this application might
prove unfavorable to their claim of jurisdiction, were solicitous to
secure to themselves the property of the lands in question. Ac
cordingly, the proposed line of townships being surveyed, * preten-
' ces were encouraged and even sought after, to entitle persons to
£ be grantees.'3 The descendants of the officers and soldiers, who
had been employed in expeditions against the Narraganset Indians,*
and against Canada,f in the preceding century, were admitted ;
(1) Mass. Records. (2) N* H. Records. (3) Hutch, ii. 331.
* [Seven townships were finally granted to the officers and soldiers living,
and the heirs of those deceased, who were in the Narraganset war of 1675 and
1676. Two of the townships are within the presentlimits of New-Hampshire,
viz. Amherst, which was called Souhegan-West, until incorporated in 1760,
and Merrimack, called Souhegan-East, until 1746.]
t [" Nine townships were granted to the heirs of the militia or soldiers,
who went against Canada, Anno 1690, and were called Canada Townships."
Douglass, Summary, i.424. Sii of these townships were in New-Hampshire,

220 HISTORY OF NEW-HAMPSHIRE. [1726.
and the survivors of the late Captain Lovewell's company, with
the heirs of the deceased, had a select tract granted to them at
Suncook.1 There was an appearance of gratitude in making these
grants, and there would have been policy in it, had the grantees
been able to comply with the conditions. New-Hampshire fol
lowed the example, and made grants of the townships of
1727. Epsom, Chichester, Barnstead, Canterbury, Gilmanton
^fy gg' and Bow. All these, excepting the last, were undoubtedly
' within their limits ; but the grant of Bow interfered with
the grants which Massachusetts had made, at Penacook and Sun-
cook, and gave rise to a litigation, tedious, expensive, and of forty
years continuance.
These tracts of land granted by both provinces were too nu
merous and extensive. It was impracticable to fulfil the conditions,
on which the grants were made. Had the same liberal policy
prevailed here as in Pennsylvania, and had the importation of
emigrants from abroad been encouraged, the country might have
been soon filled with inhabitants ; but the people of Londonderry
were already looked upon with a jealous eye, and a farther intru
sion of strangers was feared, lest they should prove a burden and
charge to the community. People could not be spared from the
old towns. Penacook was almost the only settlement which was
effected by emigrants from Massachusetts.* A small beginning
(1) Mass. Records.
viz. 1. Canada to Beverly ; 2. Canada to Salem (now Lyndeborough) ; 3.
Canada to Ipswich, all which were situated on Piscataquog, or its branches ;
4. Canada to Rowley (now Rindge) ; 5. Canada to Gallop ; and 6. Canadi
to Sylvester.}
* [Penacook was very early visited by the first emigrants. The first notice
which I have found of ft is in Gov. Winthrop's Hist. N. E. i. 304, from which
it appears that so early as 1639, the government of Massachusetts sent men to
discover the Merrimack, who reported that they found " some part of it about
Penkook to lie more northerly than forty-three and a half." From Felt's
Annals of Salem, p. 358, it appears that the people of Salem had a plantation
granted to them -at Penacook in 1663, but that they had never made a settle
ment there, although some of them had as early as 1674, erected a trading
house there. They petitioned the General Court in 1714, that the grant
might be confirmed to them, and assigned among other reasons for its con
firmation, that since the grant was first made, they had been embarrassed by
Indian wars. It would seem that their petition was not granted, as seven
years afterwards, several persons of Haverhill explored the lands in the vicin
ity, and presented a petition to the General Court of Massachusetts, for a
tract of land " situated on the river Merrymake, at the lower end of Pena
cook," to contain eight miles square, arid in 1725, obtained the grant of a
township about seven miles square. The settlement was commenced in 1726,
by inhabitants from Haverhill, Andover and Salisbury. In 1733, they were
incorporated into a town by the name of Rumford, having settled a minister
in 1730. From 1749 to 1763, there existed a violent and perplexing contro
versy between the proprietors of Bow and the inhabitants of Rumford, which
was finally decided by the King in Council, 29 December, 1762. On the 17
June, 1765, the charter of the town was granted, by which it received the
name of Concord. A church was gathered and Rev. Timothy Walker, who
graduated at H. C. 1725, was ordained 18 Nov. 1730. He died 2 September,
1782, aged 77. His suocessors have been Rev. Israel Evans, Rev. Asa M"-

1727.] PROVINCE. JOHN WENTWORTH. 221
was made by the New-Hampshire proprietors, at Bow, on Sun-
cook river ; but the most of the intermediate country remained
uncultivated for many years. Schemes of settlement were indeed
continually forming ; meetings of proprietors were frequently
held, and an avaricious spirit of speculation in landed property
prevailed ; hut the real wealth and improvement of the country
instead of being promoted was retarded.
On the death of King George I., the assembly, which had sub
sisted five years, was of course dissolved ; and writs for the election
of another were issued in the name of George the Second . J
The long continuance of this assembly was principally ov" '
owing to the absence of Governor Shute, in whose administration
it commenced ; and the uncertainty of his return or the appoint
ment of a successor. It had been deemed a grievance, and an
attempt had been made, in 1724, to limit the duration of assemblies
to three years, in conformity to the custom of England. At the
meeting of the new assembly, the first business which they
took up was to move for a triennial act. The lieutenant
governor was disposed to gratify them. Both houses agreed in
framing an act for a triennial assembly, in which the duration of
the present assembly was limited to three years, (unless sooner
dissolved by the commander in chief) ; writs were to issue fifteen
days at least, before a new election ; the qualification of a repre
sentative was declared to be a freehold estate of three hundred
pounds value.2 The qualification of an elector was a real estate
of fifty pounds, within the town or precinct where the election
should be made ; but habitancy was not required in either case.
The selectmen of the town, with the moderator of the meeting,
were constituted judges of the qualifications of electors, saving an
appeal to the house of representatives. This act having been
passed, in due form, received the royal approbation, and was the
only act which could be called a constitution or form of govern
ment, established by the people of New-Hampshire ; all other
parts of their government being founded on royal commissions
and instructions. But this act was defective, in not determining
by whom the writs should be issued, and in not describing the
places from which representatives should be called, either by name,
extent or population. This defect gave birth to a long and bitter
controversy, as will be seen hereafter.
The triennial act being passed, the house were disposed to make
other alterations in the government. An appeal was allowed in
all civil cases from the inferior to the superior court ; if the matter
(1) N. H. Records. (2) Edition of Laws in 1771, page 166.
Farland, D. D., and Rev. Nathaniel Bouton. A second congregational (uni
tarian) church was organized and Rev. Moses G. Thomas ordained 25 Febru
ary. 1829. The population of Concord in 1767, was 752 ; in 1775, 1052 ; in
1790, 1747 ; in 1800, 2052 ; in 1810, 2393 ; and in 1820, 2838.]

222 HISTORY OF NEW-HAMPSHIRE. [1727.
in controversy exceeded one hundred pounds, another appeal was
allowed to the governor and council ; and if it exceeded three
hundred pounds, to the king in council. The appeal to the gov
ernor in council was first established by Cult's commission, and
continued by subsequent commissions and instructions. In Queen
Anne's time, it was complained of as a grievance, that the governor
and council received appeals and decided causes, without taking
an oath to do justice. An oath was then prescribed and taken.
The authority of this court had been recognised by several clauses
in the laws ; but was disrelished by many of the people ; partly
because the judges who had before decided cases, were generally
members of the council ; partly because no jury was admitted in
this court of appeal ; and partly because no such institution was
known in the neighboring province of Massachusetts. The house
moved for a repeal of the several clauses in the laws relative to
this obnoxious court ; the council non-concurred their vote, and
referred them to the royal instructions. The house persisted in
their endeavors, and the council in their opposition. Both sides
grew warm, and there was no prospect of an accommodation.
The lieutenant governor put an end to the session, and soon after
dissolved the assembly by proclamation.*
A new assembly was called ; the same persons, with but two or
three exceptions, were re-elected, and the same spirit appeared in
1 „2R all their transactions. They chose for their speaker Na
thaniel Weare, who had been speaker of the former as
sembly, and having as usual presented him to the lieutenant gov
ernor, he negatived the choice. The house desired to know by
what authority ; he produced his commission ; nothing appeared
in that, which satisfied them ; and they adjourned from day to
day without doing any business. After nine days, they chose
another speaker, Andrew Wiggin, and sent up the vote, with a
preamble, justifying their former choice. The lieutenant govern
or approved the speaker, but disapproved the preamble ; and thus
the controversy closed, each side retaining their own opinion.
The speeches and messages from the chair, and the answers from
the house, during this session, were filled with reproaches ; the
public business was conducted with ill humor, and the house car
ried their opposition so far as to pass a vote for addressing the king
to annex the province to Massachusetts ; to this vote the council
made no answer. But as a new governor was expected, they
* [1728. Pembroke, originally Suncook, was granted by Massachusetts to
60 persons, of whom 46 were the soldiers, or their legal representatives, who
were engaged with Capt. John Lovewell in May, 1725, against the Indians
at Pequawket. The settlement began the next year after the grant was made.
The first permanent settlement of Rochester was made 28 December, 1728,
by Capt. Timothy Roberts. Rev. Amos Main, H. C. 1729, the first minister,
was ordained in 1737, at which time the place contained 60 families. (MS.
Petition.) Farmington, incorporated in 1798, and Milton, incorporated in
1802, were both taken from Rochester.]

1728.] PROVINCE. WILLIAM BURNET. 223
agreed in appointing a committee of both houses to go to Boston,
and compliment him on his arrival.
The expected governor was William Burnet, son of the cele
brated Bishop of Sarum, whose name was dear to the people of
New-England, as a steady and active friend to civil and religious
liberty. Mr. Burnet was a man of good understanding and polite
literature ; fond of books and of the conversation of literary men ;
but an enemy to ostentation and parade. He had been governor
of New- York and New-Jersey, and quitted those provinces with
reluctance, to make way for another person, for whom the British
ministry had to provide. Whilst at New- York, he was very
popular, and his fame having reached New-England, the expect
ations of the people were much raised on the news of his appoint
ment, to the government of Massachusetts and New-Hampshire.
Lieutenant Governor Wentworth characterized him in one of his
speeches as ' a gentleman of known worth, having justly obtained
' a universal regard from all who have had the honor to be under
' his government.' He was received with much parade at
Boston, whither the lieutenant-governor of New-Hamp- y
shire, with a committee of the council and assembly, went to
compliment him on his arrival.*
Mr. Burnet had positive instructions from the crown to insist on
the establishment of a permanent salary in both his provinces.
He began with Massachusetts, and held a long controversy with
the general court to no purpose. In New-Hampshire, a precedent
had been established in the administration of Dudley, which was
favorable to his views. Though some of the assembly were averse
to a permanent salary ; yet the lieutenant governor had so much
interest with them, by virtue of having made them proprietors in
the lately granted townships, that they were induced to consent ;
on condition that he should be allowed one third part of the salary.,
and they should be discharged from all obligations to him.1
This bargain being concluded, the house passed a vote, Ma 9!
with which the council concurred, to pay ' Governor Bur-
' net, for the term of three years, or during his administration, the
' sum of two hundred pounds sterling, or six hundred pounds in
' bills of credit ; which sum was to be in full of all demands from.
(1) Belcher's MS. letter.
* Mr. Hutchinson has represented Governor Burnet as a man of humor,.
and given an anecdote respecting his indifference to the custom of saying
grace at meals. The following story of the same kind, perhaps will not be
disagreeable to the reader.
One of the committee, who went from Boston, to meet him on the borders.
of Rhode-Island, and conduct him to the seat of government, was the facetious:
Col. Tailer. Burnet complained of the long graces which were said by cler
gymen on the road, and asked Tailer when they would shorten. He answer
ed, ' the graces will increase in length, till you come to Boston ; after that
' they will shorten till you come to your government of New-Hampshire,.
'where your Excellency will find no grace at all.'

224 HISTORY OF NEW-HAMPSHIRE. {1729.
' this government, for his salary ; and all expenses in coming to,
' tarrying in, or going from this province ; and also for any al-
' lowance to be made to the lieutenant governor ; and that the
' excise on liquors should be appropriated to that use.'1 To this
vote, six of the representatives entered their dissent.
The governor came but once into New-England. His
ep ' ' death, which happened after a few months, was supposed
to be occasioned'by the ill effect, which his controversy with
Massachusetts, and the disappointment which he suffered, had on
his nerves.*
When the death of Governor Burnet was known in England,
the resentment against the province of Massachusetts was very
T _„„ high, on account of their determined refusal to fix a salary
' on the king's governor.2 It was even proposed, to reduce
them to ' a more absolute dependence on the crown ;' but a spirit
of moderation prevailed ; and it was thought that Mr. Jonathan
Belcher, then in England, being a native of the province, and well
acquainted with the temper of his countrymen would have more
influence than a stranger, to carry the favorite point of a fixed
salary. His appointment, as governor of New-Hampshire, was
merely an appendage to his other commission.
Belcher was a merchant of large fortune and unblemished
reputation. He had spent six years in Europe ; had been twice
at the court of Hanover, before the protestant succession took
place in the family of Brunswick ; and had received from the
Princess Sophia, a rich golden medal.3 He was graceful in his
person, elegant and polite in his manners ; of a lofty and aspiring
disposition ; a steady, generous friend ; a vindictive, but not im
placable enemy. Frank and sincere, he was extremely liberal
in his censures, both in conversation and letters. Having a high
sense of .the dignity of his commission, he determined to support
it, even at the expense of his private fortune ; the emoluments of
office in both provinces being inadequate to the style in which he
chose to live.
Whilst he was in England, and it was uncertain whether he
would be appointed, or Shute would return, Wentworth wrote
letters of compliment to both. Belcher knew nothing of the let
ter to Shute, till his arrival in America, and after he had made a
(1) Journal of the House of Representatives. (2) Letters of Francis Wilkes,
agent. .(3) Belcher's letter to the Bishop of Lincoln, MS.
* [1729. Litchfield, a small fertile township on Merrimack river, was set
tled by people from Chelmsford. Its Indian name was Natticott, and it was
granted by Massachusetts as early as 1656, to a Mr. Brenton, and for many
years was known by the name of Brenton' s Farm. It was afterwards inclu
ded in Dunstable grant, from which it was separated and incorporated by
Massachusetts in 1734. On the settlement of the boundary line in 1741, it
fell within New-Hampshire, and was incorporated 5 June, 1749. A church
was organized, and a minister, Rev. Joshua Tufts, H. C. 1736, was ordained
as early as 1741.]

1730.] PROVINCE. JONATHAN BELCHER. 225
visit to New-Hampshire, and had been entertained at the house
of the lieutenant-governor. He was then informed, that Went
worth had written a letter to Shute, of the same tenor as that to
himself. This he deemed an act of duplicity. How far it was
so, cannot now be determined. The persuasion was so strong in
the mind of Belcher, that on his next visit to Portsmouth, he re
fused an invitation to Wentworth's house. This was not the only
way in which he manifested his displeasure. When the affair of
the salary came before the assembly, he not only refused .
to make such a compromise as Burnet had done ; but ug-
obliged the lieutenant-governor under his hand, to ' quit all claim
to any part of the salary, and to acknowledge that he had no ex
pectation from, or dependence on the assembly, for any allowance,
but that he depended wholly on the governor.' The same salary
was then voted, and in nearly the same words, as to his predeces
sor. He allowed the lieutenant-governor, the fees and perquisites
only which arose from registers, certificates, licenses and passes,
amounting to about fifty pounds sterling. Wentworth and his
friends were disappointed and digusted. He himself did not
long survive ; being seized with a lethargic disorder, he
died within five months ; but his family connections resent- ^c' eg"
ed the affront, and drew a considerable party into their
views. Benning Wentworth, his son, and Theodore Atkinson,
who had married his daughter, were at the head of the opposition.
The latter was removed from liis office of collector of the customs,
to make room for Richard Wibird ; the naval office was taken
from hirn and given to Ellis Huske ;* and the office of high
sheriff, which he had held, was divided between him and Eleazar
Russell. Other alterations were made, which greatly offended
the friends of the late lieutenant-governor ; but Belcher, satisfied
that his conduct was agreeable to his commission and instructions,
disregarded his opponents and apprehended no danger from their
resentment. Atkinson was a man of humor, and took occasion to
express his disgust in a singular manner. The governor, who
was fond of parade, had ordered a troop of horse, to meet him on
the road, and escort him to Portsmouth. The officers of govern
ment met him, and joined the cavalcade. Atkinson was tardy ;
but when he appeared, having broken the sheriff's wand, he held
one half in his hand. Being chid by the governor for not appear
ing sooner, he begged his excellency to excuse him, because he
had but half a horse to ride.
In addition to what has been observed, respecting Lieutenant
Governor Wentworth, the following portrait of his character, by
some contemporary friend, deserves remembrance.
* [His son Ellis Huske was Postmaster in Boston, and the publisher of the
Boston Weekly Post Boy. He was the person, it is said, who, recommended
to the British government, the Stamp Act of 1765.]
31

226 HISTORY OF NEW-HAMPSHIRE. [1730.
' He was born at Portsmouth of worthy parents, ¦ from whom
' he had a religious education. His inclination leading him to the
' sea, he soon became a commander of note, and gave a laudable
' example to that order, by his sober behaviour, and his constant
' care to uphold the worship of God in his ship. Wherever he
' came, by his discreet and obliging deportment, he gained the love
' and esteem of those with whom he conversed.
' On his leaving the sea, he had considerable business as a
' merchant, and always had the reputation of a fair and generous
' dealer. ' He has approved himself to the general acceptance of his
' majesty's good subjects, throughout this province, and under his
( mild administration, we enjoyed great quietness.
' He was a gentleman of good natural abilities, much improved
' by conversation ; remarkably civil and kind to strangers ; re-
' spectful to the ministers of the gospel ; a lover of good men of
* all denominations ; compassionate and bountiful to the poor ;
' courteous and affable to all ; having a constant regard to the du-
' ties of divine worship, in private and public, and paying a due
' deference to all the sacred institutions of Christ.
' He had sixteen children, of whom fourteen yet survive
< him.'1 *

CHAPTER XVI.
Dunbar's lieutenancy and enmity to Belcher. Efforts to settle the boundary
lines. Divisions. Riot. Trade. Episcopal Church. Throat distemper.
Mr. Wentworth was succeeded in the lieutenancy by David
Dunbar, Esquire, a native of Ireland, and a reduced colonel in
. „1 the British service ; who was also deputed to be surveyor
June 24. °^ t'ie king's woods. This appointment was made by the
recommendation of the board of trade ; of which Colonel
Bladen was an active member, who bore no good will to Governor
Belcher. Dunbar had been commander of a fort at Pemaquid,
which it was in contemplation to annex to Nova-Scotia.2 He had
taken upon him to goyern the few scattered people in that district,
with a degree of rigor to which they could not easily submit.
This conduct had already opened a controversy, between him and
(1) N. E. Weekly Journal, Dec. 28. (2) Hutch, ii. 224, 379.
* [Lieutenant Governor Wentworth was son of Samuel Wentworth, and
was born 16 June, 1672. One of the fourteen surviving children was Ben
ning Wentworth, the first governor of New-Hampshire after the establish
ment of the boundary lines.]

1731.] PROVINCE. JONATHAN BELCHER. 227
the province of Massachusetts ; and it was very unfortunate for
Belcher to have such a person connected with both his govern
ments. What were the merits, which recommended Dunbar to
these stations, it is not easy at this time to determine. The only
qualifications, which appear to have pleaded in his favor, were
poverty and the friendship of men in power. He was an instru
ment of intrigue and disaffection ; and he no sooner made his
appearance in New-Hampshire, than he joined the party who
were in opposition to the governor. Belcher perceived the ad
vantage which his enemies would derive from this allianee, and
made all the efforts in his power to displace him. In his letters
to the ministry, to the board of trade, and to his friends in Eng
land, he continually represented him in the worst light, and solicited
his removal. It is not improbable, that his numerous letters of
this kind, written in his usual style, with great freedom and with
out any reserve, might confirm the suspicions, raised by the letters
of his adversaries, and induce the ministry to keep Dunbar in
place, as a check upon Belcher, and to preserve the balance of
parties.1 Within a few weeks after Dunbar's coming to Portsmontb, a
complaint was drawn up against Belcher, and signed by
fifteen persons ; alleging that his government was grievous, uy '
oppressive and arbitrary, and praying the king for his removal.
This roused the governor's friends, at the head of whom was
Richard Waldron,* the secretary who drew up a counter address,
and procured an hundred names to be subscribed.2 Both address
es reached England about the same time. Richard Partridge, f
Mr. Belcher's brother in law, in conjunction with his son Jona
than Belcher, then a student in the Temple, applied for a copy of
the complaint against him, at the plantation office, and obtained it;
(1) Belcher's MS. letters. (2) MS. copies of Addresses.
*[He was the son of Colonel Richard Waldron, and grandson of Major Rich
ard Waldron, who was killed at Dover in 1689. He was born 21 February,
1694, and graduated at Harvard college in 1712. He fixed his residence at
first on his paternal estate at Dover, but removed afterwards to Portsmouth,
and lived at the plains. In 1728, he was appointed a counsellor, and soon af
ter, secretary of the province. In 1737, he was appointed judge of probate.
He retained the'se offices as long as Governor Belcher was in office ; but soon
after Governor Wentworth commenced his administration, he suspended Mr.
Waldron as counsellor, removed him from office, and appointed Theodore At
kinson, secretary, and Andrew Wiggin, judge of probate.
In 1749, Ire was elected a representative of Hampton, and when the assem
bly met, was unanimously chosen speaker. Mr. Waldron was a person of
distinguished talents and literary acquirements. A strong friendship existed
between him and Governor Belcher, which continued through life. He was a
professor of religion, and zealously attached to the church, of which he was a
respectable member. He died in 1753, aged 59. Thomas Westbrook Wal
dron, who died at Dover, 3 April, 1785, aged64j was his son. Adams, Annals
of Portsmouth, 191,192.]
t [Richard Partridge, as has been already stated, was son of Lieutenant-Gov
ernor William Partridge. He was born 9 December, 1681, and after being
appointed agent, resided in London, where he was living in 1749.]

228 HISTORY OF NEW-HAMPSHIRE. [1731.
but could not get sight of the letters which accompanied it, though,
on the foundation of those letters, a representation had been made
by the board of trade, to the king.1
The only effect which Dunbar's letters had at that time, was to
procure the appointment of Theodore Atkinson, Benning Went
worth and Joshua Peirce, to be counsellors of New-Hampshire ;
and though Belcher remonstrated to the secretary of state against
these appointments, and recommended other persons in their
room, he could not prevail, any farther than to delay the admis
sion of the two former for about two years ; during which time,
they were elected into the house of representatives, and kept up
the opposition there. The recommendations, which he made of
other persons, were duly attended to when vacancies happened ;
and thus the council was composed of his friends, and his ene
mies. The civil officers, whom he appointed, were sometimes
superseded, by persons recommended and sent from England ;
and in one instance, a commission for the naval office, in favor of
a Mr. Reynolds, son of the bishop of Lincoln, was filled up in
England, and sent over with orders for him to sign it ; which he
was obliged punctually to obey.
From the confidential letters of the leading men on both sides,
which have fallen into my hands in the course of my researches,
the views of each party may plainly be seen ; though they en
deavored to conceal them from each other. The governor and
his friends had projected an union of New-Hampshire with Mas
sachusetts ; but were at a loss by what means to bring it into effect. 2
The most desirable method would have been, a unanimity in the
people of New-Hampshire, in petitioning the crown for it ; but as
this could not be had, the project was kept out of sight, till some
favorable opportunity should present.
The other party contemplated not only the continuance of a sep
arate government, but the appointment of a distinct governor; who
should reside in the province, and have no connection with Massa
chusetts. The greatest obstacle in their way, was the smallness
and poverty of the province, which was not able to support a gen
tleman in the character of governor. To remove this obstacle, it
was necessary to have the limits of territory, not only fixed, but
enlarged. They were therefore zealous, in their attempts for this
purpose ; and had the address to persuade a majority of the peo
ple, that they would be gainers by the establishment of the lines ;
that the lands would be granted to them and their children ; and
that the expense of obtaining the settlement would be so trifling,
that each man's share would not exceed the value of a pullet.
The governor's friends were averse to pressing the settlement
of the line ; and their reasons were these. The controversy is
(1) Belcher's letters. (2) Belcher's, Waldron's, Atkinson's and Thomlin-
son's letters MS.

1731.] PROVINCE. JONATHAN BELCHER. 229
either between the king and the subjects of his charter government
of Massachusetts ; or else, between the heirs of Mason or Allen
and the people of Massachusetts. If the controversy be settled
even in favor of New-Hampshire, the lands which fall within the
line, will be either the king's property, to be granted by his gov
ernor and council according to royal instructions ; or else the
property of the heirs of Mason or Allen, to be disposed of by
them. On both suppositions, the people of New-Hampshire can
have no property in the lands, and therefore why should they be
zealous about the division, or tax themselves to pay the expense
of it ?
The governor, as obliged by his instructions, frequently urged
the settlement of the lines in his speeches, and declared, that the
assembly of New-Hampshire had done more towards effecting it,
than that of Massachusetts. A committee from both provinces met
at Newbury in the autumn of 1 731, on this long contested
affair ; but the influence of that party in Massachusetts, of ep '
which Elisha Cooke was at the head, prevented an accommoda
tion. Soon after this fruitless conference, the representatives of
New-Hampshire, of whom a majority was in favor of settling the
line, determined no longer to treat with Massachusetts ; but to
represent the matter to the king, and petition him to decide the con
troversy.1 Newman's commission, as agent, having expired,
they chose for this purpose, John Rindge, merchant, of Ports
mouth, then bound on a voyage to London. The appointment of
this gentleman was fortunate for them, not only as he had large
connexions in England ; but as he was capable of advancing
money, to carry on the solicitation. The council, a majority of
which was in the opposite interest, did neither concur in the ap
pointment, nor consent to the petition.
Mr. Rindge, on his arrival in England, petitioned the king in
his own name, and in behalf of the representatives of New-
Hampshire, to establish the boundaries of the province ; 1732.
but his private affairs requiring his return to America, he e '
did, agreeably to his instructions, leave the business in the hands
of Captain John Thomlinson, merchant, of London ; who was
well known in New-Hampshire, where he had frequently been in
quality of a sea commander. He was a gentleman, of great pen
etration, industry and address ; and having fully entered into the
views of Belcher's opponents, prosecuted the affair of the line,
' with ardor and diligence ;' employing for his solicitor, Ferdinan-
do John Parris ; who being well supplied with money, was inde
fatigable in his attention. The petition was of course referred
to the Lords of Trade, and Francis Wilks the agent of Massa
chusetts, was served with a copy to be sent to his constituents.*
(1) Assembly Records.
* [The province of New-Hampshire at this time (1732) contained 25 incor
porated townships and parishes, 2946 ratable inhabitants, 1316 two story dwell-

230 HISTORY OF NEW-HAMPSHIRE. [1732.
Whilst the matter of the line was pending on the other side of
the Atlantic, the parties in New-Hampshire maintained their op
position ; and were on all occasions vilifying and abusing each
other, especially in their letters to their friends in England. On
the one side, Belcher incessantly represented Dunbar, as the fo-
menter of opposition ; as false, perfidious, malicious and re
vengeful ; that he did no service to the crown, nor to himself;
but was ' a plague to the governor and a deceiver of the people.'
He was also very liberal in his reflections, on his other opposers.
On the other side, they represented him as unfriendly to the royal
interest ; as obstructing the settlement of the lines ; conniving at
the destruction of the king's timber, and partial to his other gov
ernment, where all his interest lay ; and 'that he had not even a
freehold in New-Hampshire. As an instance of his partiality, they
_„0 alleged, that in almost every session of the assembly of
°' Massachusetts, he consented to grants of the disputed
lands, to the people of that province ; by which means, their as
sembly raised money, to enable their agent to protract the con
troversy, that they might have opportunity to lay out more town
ships ; while at the same time, he rejected a supply bill of, the
New-Hampshire assembly, and dissolved them, because that in it,
they had made an appropriation for their agent. ^ The truth was,
that the council did not consent to the bill, because they had no
hand in appointing the agent, and the bill never came before the
governor. The frequent dissolution of assemblies was another
subject of complaint ; and in fact, this measure never produced
the desired effect ; for the same persons were generally re-elected)
and no reconciling measures were adopted by either party.*
ing houses, 606 one story ditto, and 16,434 acres of improved land. This view
of the province embraced the towns of Portsmouth, Greenland, Hampton,
Hampton-Falls, Dover, Durham, Somersworth, Exeter, Newmarket, New-
Castle, Stratham, Kingston, Newington and Londonderry. The remaining
ten townships had been granted but a few y,ears and some of them had not
been settled. We have no data in our records by which the number of polls,
houses, and acres of improved lands in the remaining towns, can be estimated.
1732. Durham, formerly called Oyster River, was incorporated 15 May
this year. The act passed the assembly 13 May, and received the signature
of Governor Belcher on the 15th.]
* [1733. The Plains in the S. W. part of Portsmouth, agreeably to their
petition signed by 72 persons, was set off as a parish 9 March, 1733. It then
contained 80 families besides the families of six widows, 108 ratable polls and
450 souls. They had seven years before erected a meeting house, and from
the month of February, 1725, to March, 1727, had defrayed the charge of con
stant preaching, paying also their full proportion for the support of the gospel
ministry at the Bank at the same time. MS. Petition among the Waldron
papers in secretary's office.
The to wns of Amherst and Boscawen were granted thisyear, and settled in
J 734. The settlement of the first was commenced by Samuel Walton and
Samuel Lampson, from Massachusetts. Others followed from the county of
Essex, so that in 1741, there were fourteen families settled there. A church
was gathered 22 September, 1741, and on the next day, Rev. Daniel Wilkins
was ordained. He died 11 February, 1784, aged 72. The town was called
Souhegan-Wcst until it was incorporated by N. H., 18 January, 1760. See
Hist. Sketch of Amherst, 8vo. pp. 35, published in 1820. Boscawen was

1733.] PROVINCE. JONATHAN BELCHER. 231
The governor frequently complained, in his speeches, that the
public debts were not paid ; nor the 'fort, prison, and olher public
buildings kept in repair ; because of their failure in supply
ing the treasury. The true reason of their not supplying 17<j4,
it was, that they wanted emissions of paper money, to be drawn
in, at distant periods. To this, the governor could not consent,
being restrained by a royal instruction, as well as in principle, op
posed to all such practices. But one emission of paper was made
in his administration ; and for its redemption a fund was establish
ed in hemp, iron, and other productions of the country. When
a number of merchants and others had combined to issue notes,
to supply the place of a currency, he issued a proclamation against
them ; and in his next speech to the assembly, condemned them
in very severe terms. The assembly endeavored to vindicate the
character of the bills ; but in a few days he dissolved them, with a
reprimand ; charging them with trifling, with injustice and hypoc
risy. It must be remembered, that his complaints of an empty
treasury were not occasioned by any failure of his own salary,
which was regularly paid out of the excise.
Belcher revived the idea of his predecessor, Shute, which was
also countenanced by his instructions, that he was virtually pres
ent in New-Hampshire, when personally absent, and attending his
duty, in his other province ; and therefore, that the lieutenant-
governor could do nothing but by his orders. Dunbar had no
seat in the council, and Shadrach Walton being senior member,
by the governor's order, summoned them and presided. He also
held the command of the fort, by the governor's commission,
granted passes for ships, and licenses for marriage ; and received
and executed military orders, as occasion required. The lieu
tenant-governor contested this point ; but could not prevail ; and
finding himself reduced to a state of insignificance, he retired in
disgust, to his fort at Pemaquid ; where he resided almost two
years. The governor's friends gave out that he had absconded
for debt, and affected to triumph over the opposition, as poor and
impotent ; but their complaints, supported by their agent Thom-
linson, and the influence of Bladen at the board of trade, made
an impression there much to the disadvantage of Mr. Belcher ;
though he had friends among the ministry and nobility ; the prin
cipal of whom was Lord Townsend, by whose influence he had
obtained his commission.^
After Dunbar's return to Portsmouth, the governor thought it
good policy to relax his severity ; and gave him the command of
the fort, with the ordinary perquisites of office, amounting to about
granted to 91 proprietors, who gave to it the name of Contoocook, its original
Indian name. The settlement commenced early in the year 1734, by people
from Newbury and the adjacent towns. It was incorporated by N. H. 22
April, 1760, when from an English admiral, it received the name of Boscawen.
See Rev. Mr. Price's History of Boscawen, 8vo. pp. 116, Concord, 1823.]

232 HISTORY OF NEW-HAMPSHIRE. [1734.
fifty pounds sterling. Not content with this, he complained, that
the governor did not allow him one third of his salary. The gov
ernor's salary was but six hundred pounds currency ; he spent at
least one hundred, in every journey to New-Hampshire, of which
he made two in a year. At the same time, Dunbar had two hun
dred pounds sterling, as surveyor general of the woods ; which,
with the perquisites, amounting to one hundred more, were
divided between him and his deputies. But it must be re
membered that he was deeply in debt, both here and in England.
The rigid execution of the office of surveyor general had al
ways been attended with difficulty ; and the violent manner, in
which Dunbar proceeded with trespassers, raised a spirit of oppo
sition on such occasions. The statutes for the preservation of" the
woods empowered the surveyor to seize all logs, cut from white
pine trees, without license ; and it rested on the claimant, to prove
his property, in the court of admiralty. Dunbar went to the saw
mills ; where he seized and marked large quantities of lumber ;
and with an air and manner to which he had been accustomed in-
his military capacity, abused and threatened the people. That
class of men, with whom he was disposed to contend, are not ea
sily intimidated with high words ; and he was not a match for
them, in that species of controversy, which they have denomina
ted swamp law. An instance of this happened at Dover, whither
he came, with his boat's crew, to remove a parcel of boards, which
he had seized. The owner, Paul Gerrish, warned him of the
consequence : Dunbar threatened with death the first man who
should obstruct his intentions : the same threat was returned to
the first man who should remove the boards. Dunbar's prudence
at this time, got the better of his courage, and he retired.
With the like spirit, an attempt of the same kind was frustrated
at Exeter, whither he sent a company in a boat to remove lum
ber. Whilst his men were regaling themselves at a public house,
in the evening, and boasting of what they intended to do the next
day ; a number of persons, disguised like Indians, attacked and
beat them ; whilst others cut the rigging and sails of the boat, and
made a hole in her bottom. The party not finding themselves
safe in the house, retreated to the boat, and pushed off; but being
there in danger of sinking, they with difficulty regained the shore,
and hid themselves till morning, when they returned on foot to
Portsmouth. This was deemed a flagrant insult. Dunbar summoned the
council, and complained to them of the riotous proceedings at
A r 26 Exeter, where there was ' a conspiracy against his life, by
' ' evil minded persons, who had hired Indians to destroy
' him.' He proposed to the council, the issuing of a proclama
tion, offering a reward to apprehend the rioters. The major part
of the council were of opinion, that no proclamation could be is-

1734.] PROVINCE. JONATHAN BELCHER. 233
sued but by the governor.* Information being sent to the gov
ernor, he issued a proclamation ; commanding all magistrates to
assist in discovering the rioters.
This transaction afforded matter for complaint, and a memorial
was drawn up by Thomlinson, grounded on letters which he had
received. It was suggested, that the governor's pretence to favor
the surveyor was deceitful ; that the rioters at Exeter were his
greatest friends ; that the council, wholly devoted to him, would
not advise to a proclamation till they had sent to Boston ; that the
proclamation was delayed ; and when it appeared offered no re
ward ; though Dunbar had proposed to pay the money himself ;
and, that by reason of this delay and omission, the rioters escaped
with impunity.1
In justice to Mr. Belcher, it must by said, that there was no
delay on his part, the proclamation being sent from Boston within
six days. It also appears, from the secret and confidential letters
of the governor, that he disapproved the riot, and even called it
rebellion ; that he gave particular orders to the magistrates, to
make inquiry, and take depositions, and do their utmost to discover
the rioters. If he did not advertise a reward, it was because
there was no money in the treasury ; and if Dunbar had been
sincere in his offer to pay it, he might have promised it, by ad
vertisement. The true reason that the rioters were not discovered,
was, that their plan was so artfully conducted, their persons so
effectually disguised, and their confidence in each other so well
placed, that no proof could be obtained ; and the secret remained
with themselves, till the danger was over, and the government had
passed into other hands.
A law had been made, for holding the inferior court of common
pleas, alternately in each of the four old towns ; and the practice
had been continued for several years, much to the convenience and
satisfaction of the people ; but Dunbar remonstrated against it, to
the board of trade, and moved for a disallowance of the act, be
cause the people who had obstructed him in his office deserved
not so much favor. The act was in consequence disallow- 1 „„,.
ed, and the courts were afterward confined to Portsmouth.
The order for disallowance, came to the hands of Dunbar, who
called a meeting of the council, that they might advise to its pub
lication. A majority of them would not consent, till the original
(1) MS. letters.
* This was also the governor's opinion ; and in his letters he frequently
asserts that Dunbar had no command in New-Hampshire whilst he was in
either of his governments. To be consistent, he should have maintained,
that the lieutenant-governor of Massachusetts had no command whilst he was
in New-Hampshire ; but there occurs an instance of a proclamation issued
by Lieutenant Governor Phips, (March 25, 1737) on occasion of a riot at Bos
ton, whilst the governor was in New-Hampshire ; and at his return, he issued
another, in which he refers to the former, not only without censuring it, but
in terms of approbation.
32

234 HISTORY OF NEW-HAMPSHIRE. [1735.
order was sent to Boston, and Governor Belcher directed the
publication of it. This transaction served as matter of
June 13. ^es^ comp]amt) an(j was alleged as an argument for the
appointment of a governor, who should reside" constantly in the
province. To finish what relates to Dunbar. He was caressed by the
party in opposition to Belcher, under the idea that he had interest
enough in England, to obtain a commission for the government of
New-Hampshire. In 1737, he went to England to prosecute his
design ; where, by his old creditors, he was arrested and thrown
into prison. Thomlinson found means to liberate him ; but per
ceived that he had neither steadiness nor ability for the station at
which he aimed, nor interest enough to obtain it ; though, by his
presence in England, he served to keep up the opposition to Bel
cher, and was used as a tool for that purpose, till the object was
accomplished.1 After which, he was (1743) appointed, by the
East India Company, governor of St. Helena.
The trade of the province at this time consisted chiefly in the
exportation of lumber and fish to Spain and Portugal, and the
Caribbee Islands. The mast trade was wholly confined to Great
Britain. In the winter, small vessels went to the southern colo
nies, with English and West-India goods, and returned with corn
and pork. The manufacture of iron within the province, which
had been set up by the late Lieutenant Governor Wentworth, and
other gentlemen, lay under discouragement, for want of experi
enced and industrious workmen. The woollen manufacture
was diminished, and sheep were scarcer than formerly ; the com
mon lands on which they used to feed, being fenced in by the
proprietors.2 The manufacture of linen was much increased by
means of the emigrants from Ireland, who were skilled in that
business. No improvements were made in agriculture, and the
newly granted townships were not cultivated with spirit or
success. There had not been any settled episcopal church in the prov
ince from the beginning, till about the year 1732 ; when some
gentlemen who were fond of the mode of divine worship, in the
church of England, contributed to the erection of a neat building
on a commanding eminence, in Portsmouth, which they called
the queen's chapel. Mr. Thomlinson was greatly instrumental of
procuring them assistance in England, toward completing and
furnishing it. It was consecrated in 1734 ; and in 1736 they ob
tained Mr. Arthur Brown for their minister, with a salary from the
society for propagating the gospel in foreign parts.
About this time, the country was visited with a new epidemic
disease, which has obtained the name of the throat distemper.
(1) Thomlinson's letters, MS. (2) Belcher's letters to the board of trade,
MS.

1735.] PROVINCE. JONATHAN BELCHER. 235
The general description of it was a swelled throat, with white or
ash-colored specks, an efflorescence on the skin, great debility
of the whole system, and a strong tendency to putridity. Its first
appearance was in May, 1735, at Kingston, in New-Hampshire,
an inland town, situate on a low plain. The first person seized,
was a child,* who died in three days. About a week after, in
another family, at the distance of four miles, three children were
successively attacked, who also died on the third day. It contin
ued spreading gradually, in that township, through the summer,
and of the first forty who had it, none recovered.1 In August,
it began to make its .appearance at Exeter, six miles north-east
ward ; and in September, at Boston, f fifty miles southward,
though it was October, before it reached Chester, the nearest
settlement on the west of Kingston. It continued, its ravages
through the succeeding winter and spring, and did not disappear
till the end of the next summer.
The most who died of this pestilence, were children ; and the
distress, which it occasioned, was heightened to the most poignant
degree. From three to six children were lost out of some fam
ilies. Several buried four in a day, and many lost their all. In
some towns, one in three, and in others one in four of the sick
were carried off. In the parish of Hampton-Falls, it raged most
violently. Twenty families buried all their children. Twenty-
seven persons were lost out of five families ; and more than one
sixth part of the inhabitants of that place died within thirteen
months. In the whole province, not less than one thousand per
sons, of whom above nine hundred were under twenty years of
age, fell victims to this raging distemper.
Since the settlement of this country, such a mortality had not
been known. It was observed, that the distemper proved most
fatal, when plentiful evacuations, particularly bleeding, were used ;
a great prostration of strength being an invariable symptom. The
(1) Douglass's practical history of a new miliary fever. Fitch's Narrative.
* [Abigail Gilman, according to the late Mr. Welch, of Bow, who then
lived in Kingston.]
t On its first appearance in Boston, it was supposed to be nothing more
than a common cold ; but when the report of the mortality in New-Hampshire
was received, and a young man from Exeter, whose brother had died of it,
was seized (October 1735) the house was shut and guarded, and a general
alarm spread through the neighboring towns and colonies. Upon his death,
no infection was observed in that house or neighborhood ; but the distemper
appeared in other places, which had no communication with the sick. The
physicians did not take the infection, nor convey it to their families, nor their
other patients. It was therefore concluded, that it was not like the small pox,
or the plague, communicable by infection, from the sick or from clothes ; and
the physicians, having by desire of the selectmen, held a consultation, pub
lished their opinion ; that it proceeded entirely from ' some occult quality in
the air.' Weekly News Letter, April 29, 1736.
Dr. Douglass computes the number of persons who had the distemper in
Boston at 4000 ; of whom 114 died, which is one in 35. The whole number
of inhabitants at that time was estimated at 16,000.

236 HISTORY OF NEW-HAMPSHIRE. [1735.
summer of 1735, when the sickness began, was unusually wet
and cold, and the easterly wind greatly prevailed. But it was ac
knowledged to be, not ' a creature of the seasons ;' as it raged
through every part of the year. Its extent is said to have been
' from Pemaquid to Carolina ;' but with what virulence it raged,
or in what measure it proved fatal to the southward of New-Eng
land, does not appear.
The same distemper has made its appearance at various times
since. In 1754 and 1755, it produced a great mortality in several
parts of New-Hampshire, and the neighboring parts of Massa
chusetts. Since that time it has either put on a milder form, or
physicians have become better acquainted with it. The last time
of its general spreading was in 1784, 5, 6 and 7. It was first
seen at Sanford in the county of York ; and thence diffused it
self, very slowly, through most of the towns of New-England ;
but its virulence, and the mortality which it caused, were com
paratively inconsiderable. ' Its remote, or predisposing cause,
' is one of those mysteries in nature, which baffle human inqui
ry.'1 * (1) Dr. Hall Jackson's observations, 1786.
* The following Table, drawn from an account published by Mr. Fitch,
minister of Portsmouth, July 26, 1736, is a Bill of Mortality for 14 months pre
ceding.

Towns. « .%

a

j=>

-Q

-D

£ -S

£>

rH

<

<!

<

< H

Portsmouth,

81

15

1

2
99
Dover,
77
8
3
88
Hampton,
37
8
8
1
1 55
Hampton-Falls,
160
40
9
1
210
Exeter,
105
18
4
127
New-Castle,
11
11
Gosport,
34
2
1
37
Rye,
34
10
44
Greenland,
13
2
3
18
Newington,
16
5
21
Newmarket,
20
1
1
22
Stratham,
18
18
Kingston,
m
15
1
1
313
Durham,
79
15
6
100
Chester,
21
21
802 139 35 4 3 1 984
After this account was taken, ' several other children' died of the throat
distemper. In the town of Hampton, 13 more within the year 1736. So that
the whole number must have exceeded a thousand. In the town of Kittery,
in the county of York, died 122.
It appears also, from the church records of Hampton, that from January
1754, to July 1755, fifty-one persons died of the same distemper, in that town.
PROVINCE. JONATHAN BELCHER. 237

CHAPTER XVII.
State of parties. Controversy about lines. Commissioners appointed. Their
session and result. Appeals. Complaints. ,
We have now come to that part of the history of New-Hamp
shire, in which may be seen, operating in a smaller sphere, the
same spirit of intrigue which has frequently influenced the conduct
of princes, and determined the fate of nations. Whilst on the
one hand, we see Massachusetts stiffly asserting her chartered
claims ; and looking with contempt, on the small province of New-
Hampshire, over which she had formerly exercised jurisdiction ;
we shall see, on the other hand, New-Hampshire aiming at an
equal rank, and contending with her for a large portion of terri
tory ; not depending solely on argument ; but seeking her refuge
in the royal favor, and rnaking interest with the servants of the
crown. Had the controversy been decided by a court of law,
the claims of Massachusetts would have had as much weight as
those of an individual, in a case of private property; but the
question being concerning a line of jurisdiction, it was natural to
expect a decision, agreeable to the rules of policy and con
venience ; especially where the tribunal itself was a party con
cerned. It must be observed, that the party in New-Hampshire, who
were so earnestly engaged in the establishment of the boundary
lines, had another object in view, to which this was subordinate.
Their avowed intention was to finish a long controversy, which
had proved a source of inconvenience to the people who resided
on the disputed lands, or those who sought an interest in them ;
but their secret design was to displace Belcher, and obtain a gov
ernor who should have no connexion with Massachusetts. To
accomplish the principal, it was necessary that the subordinate ob
ject should be vigorously pursued. The government of New-
Hampshire, with a salary of six hundred pounds, and perquisites
amounting to two hundred pounds more, equal in the whole to about
eight hundred dollars per annum, was thought to be not worthy the
attention of any gentleman ; but if the lines could be extended on
both sides, there would be at once an increase of territory, and a
prospect of speculating in landed property ; and in future, there
would be an increase of cultivation, and consequently of ability
to support a governor.
The people were told that the lands would be granted to them ;
and by this bait they were induced to favor the plan ; whilst the
ministry in England, were flattered with the idea, of an increase
of crown influence in the plantations.

238 HISTORY OF NEW-HAMPSHIRE.
The leading men in Massachusetts were aware of the views of
those in New-Hampshire, and determined to guard against them.
They presumed, that a line of jurisdiction would not affect prop
erty ; and therefore endeavored to secure the lands to themselves,
by possession and improvement, as far as it was practicable. The
same idea prevailed among the governor's friends in New-Hamp
shire. They perceived, that a tract of wilderness on the north
eastern side of Merrimack river, and the ponds which flow into
it, must doubtless fall into New-Hampshire. For these lands
they petitioned the governor, and a charter was prepared, in
which this whole tract, called King's-Wood, was granted to them.
It contained all the lands not before granted, between the bounds
of New-Hampshire on the south-west and north-east ; which,
according to the ideas of those concerned, would have been suffi
cient for about four large townships.
Governor Belcher had a difficult part to act. He was at the
head of two rival provinces ; he had friends in both, who were
seeking their own as well as the public interest : He had ene
mies in both, who were watching him, eager to lay hold on the
most trivial mistake, and magnify it to his disadvantage. His own
interest was to preserve his commission, and counteract the mach
inations of his enemies ; but as the settlement of the line, and the
removing of him from his office, were carried on at the same
time, and by the same persons, it was difficult for him to oppose
the latter, without seeming to oppose the former. Besides, Mr.
Wilks, the agent of Massachusetts, was well known to be his
friend ; and when it was found necessary to increase the number,
one of them was his brother, Mr. Partridge. On the other hand,
Mr. Rindge and Mr. Thomlinson were his avowed enemies,.
There was also a difference in the mode of appointing these agents.
Those of Massachusetts were constituted by the council and
representatives, with the governor's consent. Those of New-
Hampshire were chosen by the representatives only, the council
nonconcurring in the choice ; which, of course, could not be
sanctioned by the governor's signature, nor by the seal of the
province. When the petition which Rindge presented to the king, had
been referred to the board of trade, and a copy of it given to
-„„_ Wilks, to be sent to his constituents, it became necessary
that they should instruct him. Their instructions were
designedly expressed in such ambiguous terms, that he was left
to guess their meaning, and afterward blamed for not observing
their directions. His embarrassment on this occasion, expressed
in his petition and counter petition, to the board of trade, protracted
the business, and gave it a complexion, unfavorable to his constitu
ents, but extremely favorable to the design of New-Hampshire.1
(1) Hutch, ii. 385. Wilks' petitions and report of board of trade, MS.

1733.] PROVINCE. JONATHAN BELCHER. 239
To bring forward the controversy, Parris, the solicitor of the
agents of New-Hampshire, moved a question, ' From what _„„
' part of Merrimack river the line should begin ?' The
board of trade referred this question, to the attorney and solicitor
general, who appointed a day to hear council oh both sides. 1
The council for New-Hampshire insisted, that the line ought to
begin three miles north of the mouth of the Merrimack. The
council for Massachusetts declared, that in their opinion, the solu
tion of this question would not determine the controversy, and
therefore declined saying any thing upon it. The attorney „„.
and solicitor reported, that ' whether this were so or not, June 5*
' they could not judge ; but as the question had been re-
' ferred to them, they were of opinion, that according to the char-
' ter of William and Mary, the dividing line ought to be taken
' from three miles north of the mouth of Merrimack, where it runs
' into the sea.' Copies of this opinion were given to each ..„.
party ; and the lords of trade reported, that the king should June 5'
appoint commissioners, from the neighboring provinces, to
mark out the dividing line. This report was approved by the
lords of council.
Much time was spent in references, messages and petitions,
concerning the adjustment of various matters; and at 17q«
length, the principal heads of the commission were deter- Feb 49"
mined. The first was, that the commissioners should be
appointed, from among the counsellors of New-York, New-Jersey,
Rhode-Island and Nova-Scotia. These were all royal govern
ments, except Rhode-Island ; and with that colony, as well as
New- York, Massachusetts had a controversy, respecting bounda
ries. Connecticut, though proposed, was designedly omitted,
because it was imagined that they would be partial to Massachu
setts, from the similarity of their habits and interests. The other
points were, that twenty commissioners should be nominated, of
whom five were to be a quorum ; that they should meet at Hamp
ton, in New-Hampshire, on the first of August, 1737 ; that each
province should send to the commissioners, at their first meeting,
the names of two public officers, on whom any notice, summons,
or final judgment might be served ; and at the same time should
exhibit, in writing, a plain and full state of their respective claims,
copies of which should be mutually exchanged ; and that if either
province should neglect to send in the names of their officers, or
the full state of their demands, at the time appointed, then the
commissioners should proceed ex parte. That when the com
missioners should have made and signed their final determination,
they should send copies to the public officers, of each province j
and then should adjourn for six weeks, that either party might
enter their appeal.2 (1) Printed brief. MS. report. (2) Printedbrief.

240 HISTORY OF NEW-HAMPSHIRE. [1737.
These points being determined ; the board of trade wrote let
ters to Belcher, enclosing the heads of the proposed commission,
and directing him to recommend to the assemblies of each
e province, to choose their public officers, and prepare their
demands, by the time when the commissioners were to meet.
These were accompanied with letters to the governors of the
several provinces, from which the commissioners were elected,
informing them of their appointment. The letters were delivered
to Parris, and by him to Thomlinson, to be sent by the first ship
to America.1 Those to Massachusetts and New-Hampshire,
were directed, the one to Mr. Belcher, by name, as governor of
Massachusetts ; the other, to the commander in chief, resident in
New-Hampshire ; and it was required that the delivery of the
letters should be certified by affidavit. The design of this singu
lar injunction was, that Dunbar, if present, should receive the
letter, and call the assembly of New-Hampshire immediately ; and
that if Belcher should forbid or hinder it, the blame of the neglect
should fall on him. At the same time, another letter, respecting
a petition of a horderer on the line, and containing a reprimand
to Belcher, was sent in the same manner, to be' delivered by Dun
bar, into Belcher's hands. These intended affronts, both failed
of their effect ; Dunbar having, before the arrival of the letters,
taken his passage to England.
The anxiety of Thomlinson, to have the earliest notice possible,
of the intended commission sent to New-Hampshire, led him not
only to forward the public letters ; but to send copies of all the
_ transactions, to his friends there. In a letter to Wiggin
and Rindge, (the committee who corresponded with him)
he advised them, to make the necessary preparations, as soon as
possible, to act in conformity to the commission and instructions ;
and even went so far as to nominate the persons, whom they should
appoint, to manage their cause before the commissioners.2
These papers were communicated to the assembly, at their
session in March ; and at the same time the governor laid before
them, a copy of the report of the board of trade, in favor
' of a commission, which had been made in the preceding
December. In consequence of which, the assembly appointed a
committee of eight* who were empowered ' to prepare
pn ' ' witnesses, pleas and allegations, papers and records, to
' be laid before the commissioners ; to provide for their reception
' and entertainment, and to draw upon the treasurer for such
' supplies of money as might be needful.'3 This appointment was
(1) Original letters of Parris. (2) Original MS. letter. (3) Assembly
Records and printed brief.
* Of the Council. Of the House.
Shadrach Walton, Andrew Wiggin,
George Jaffrey, John Rindge,
Jotham Odiorne, Thomas Packer,
Theodore Atkinson. James Jeffrey.

1737.] PROVINCE. JONATHAN BELCHER. 241
made by the united voice of the council and representatives, and
consented to by the governor ; and though it was made, three
weeks before the reception of the letters, from the lords of trade;
directing the appointing of public officers, and preparing a state
ment of claims ; yet it was understood to be a full compliance
with the orders and expectations of the government in England.
The same day on which this order passed, the governor pro
rogued the assembly to the sixth of July ; and on the twentieth of
June, he prorogued it again, to the fourth of August.
The letters respecting the commission, were delivered to Mr.
Belcher, on the twenty-second of April ; and he acknowledged
the receipt of them, in a letter to the board of trade, on the tenth
of May. The commission itself was issued on the ninth of April,
and sent to Mr. Rindge ; who kept it till the meeting of the com
missioners, and then delivered it to them. The expense of it,
amounting to one hundred and thirty-five pounds sterling, was
paid by the agents of New-Hampshire.
At the spring session of the general court in Massachusetts, the
governor laid before them the letter from the lords of
trade, inclosing an order from the privy council, and re- ay
commended to them to stop all processes in law, respecting any
disputes of the borderers, till the boundaries should be determin
ed.1 During the same session, he reminded them of the order,
and desired them to consider it ; telling them that he had
no advice of the appointment of commissioners. His
meaning was, that the commission itself, in which they were named,
had not been sent to him ; nor was he actually informed that it
was in America, till after he had prorogued the assemblies of both
provinces to the fourth of August. In obedience to the royal
order, the assembly of Massachusetts appointed Josiah . g
Willard, secretary, and Edward Winslow, sheriff of Suf
folk, to he the two public officers ; on whom, or at whose place of
abode, any notice, summons, or other process of the commission
ers, might be served.
On the day appointed, eight of the commissioners met at
Hampton.* They published their commission, opened . 1
their court, chose William Parker their clerk, and George
Mitehel, surveyor. On the same day, the committee of eight,
who had been appointed by the assembly of New-Hampshire, in
April, appeared ; and delivered a paper to the court, reciting the
order of the king, for the appointment of two public officers .; al-
(1) Journal of Assembly.
* From Nova-Scotia. From Rhode-Island.
William Skene, President, Samuel Vernon,
Erasmus James Phillips, John Gardner,
Otho Hamilton. John Potter,

Ezekiel Warner,
George Cornel.

33

242 HISTORY OF NEW-HAMPSHIRE. [1737.
leging that the assembly had not been convened since the arrival
of that order ; but, that there should be no failure for want of such
officers, they appointed Richard Waldron, secretary, and Eleazar
Russell, sheriff.1 They also delivered the claim and demand of
New-Hampshire, in the following words. ' That the southern
' boundary of said province should begin at the end of three miles
' north from the middle of the channel of Merrimack river, where
' it runs into the Atlantic ocean ; and from thence should run, on
' a straight line, west, up into the main land (toward the south sea)
1 until it meets his majesty's other governments. And that the
' northern boundary of New-Hampshire should begin at the en-
' trance of Pascataqua harbor, and so pass up the same, into the
' river of Newichwannock, and through the same, into the farthest
' head thereof ; and from thence northwestward, (that is, north,
' less than a quarter of a point, westwardly) as far as the British
' dominion extends ; and also the western half of the Isles of
' Shoals, we say, lies within the province of New-Hampshire.'2
The same day, Thomas Berry and Benjamin Lynde, counsel
lors of Massachusetts, appeared and delivered the vote of their
assembly, appointing two public officers, with a letter from the
secretary, by order of the governor, purporting, that ' at the last
' rising of the assembly, there was no account that any commission
' had arrived ; that the assembly stood prorogued to the fourth
' of August ; that a committee had been appointed, to draw up a
' state of their demands, which would be reported at the next
' session, and therefore praying that this short delay might not
' operate to their disadvantage.' Upon this, the committtee of
New-Hampshire drew up and presented another paper,
u°' " charging the government of Massachusetts with ( great
' backwardness, and aversion to any measures, which had a ten-
' dency to the settlement of this long subsisting controversy ; and
' also charging their agent, in England, with having used all im-
' aginable artifices, to delay the issue ; for which reason, the
' agent of New-Hampshire had petitioned the king, to give direc-
' tions, that each party might be fully prepared, to give in a state
' of their demands, at the first meeting of the commissioners ;
' which direction they had faithfully observed, to the utmost of
' their power ; and as the assembly of Massachusetts had made
c no seasonable preparation, they did, in behalf of New-Hamp-
' shire, except and protest against any claim or evidence being
' received from them, and pray the court to proceed ex parte,
' agreeably to the commission.'3
It was alleged in favor of Massachusetts, that by the first meet
ing of the commissioners could not be meant the first day, but the
first session. The court understood the word in this sense, and
(1) MS. original Minutes by Mr. Parker. (2) MS. Minutes, and Massa
chusetts Journal, p. 34. (3) MS. Minutes.

1737.] PROVINCE. JONATHAN BELCHER. 243
resolved, that Massachusetts should be allowed time, till the eighth
of August, and no longer, to bring in their claims; and that if
they should fail, the court would proceed ex parte. The court
then adjourned to the eighth day.
The assembly of New-Hampshire met on the fourth ; and the
secretary, by the governor's order, prorogued them to the
tenth, then to meet at Hampton-Falls. On the same day, Aug' 4"
the assembly of Massachusetts met at Boston ; and after they had
received the report of the committee, who had drawn up their
claim, and despatched expresses to New- York and New-Jersey,
to expedite the other commissioners ; and appointed a committee
to support their claims;* the governor adjourned them, to the
tenth day, then to meet at Salisbury. Thus the assemblies of
both provinces were drawn within five miles of each other ; and
the governor declared, in his speech, that he would ' act as a
' common father to both.'1
The claim of Massachusetts being prepared, was delivered to
the court, on the day appointed. After reciting their grant
and charters and the judicial determination in 1 677, they ug' '
asserted their ' claim and demand, still to hold and possess, by a
' boundary line, on the southerly side of New-Hampshire, begin-
' ning at the sea, three English miles north from the Black Rocks,
' so called, at the mouth of the river Merrimack, as it emptied
' itself into the sea sixty years ago ; thence running parallel with
' the river, as far northward as the crotch or parting of the river ;
' thence due north, as far as a certain tree, commonly known for
' more than seventy years past, by the name of Endecott's tree ;
' standing three miles northward of said crotch or parting of Mer-
' rimack river ; and thence, due west to the south sea ; which,
' (they said) they were able to prove, by ancient and incontestible
' evidence, were the bounds intended, granted, and adjudged to
' them ; and they insisted on the grant and settlements as above
' said, to be conclusive and irrefragable.2
' On the northerly side of New-Hampshire, they claimed a
* boundary line, beginning at the entrance of Pascataqua harbor ;
' passing up the same, to the river Newichwannock ; through that
' to the farthest head thereof, and from thence a due north west
' line, till one hundred and twenty miles from the mouth of Pas-
' cataqua harbor be finished.'
(1) Massachusetts Assembly Records. (2) Journal, p. 6.
* This committee consisted of Edmund Quincy, William Dudley, Samuel
Welles, Thomas Berry, and Benjamin Lynde, of the council ; and Elisha
Cooke, Thomas Cushing, Job Almy, Henry Rolfe, and Nathaniel Peaslee, of
the house. Cooke died while the commissioners were sitting. He had been
employed on the same affair at Newbury in 1731, and it was by his means
that the business was then obstructed. In reference to this, Belcher, in a
private letter says, ' Generations to come will rise up and call him cursed.'
On account of Cooke's death, and the absence of another member, they ap
pointed John Read and Robert Auchmuty. August 13.

244 HISTORY OF NEW-HAMPSHIRE. [1737.
The court ordered copies of the claims of each province, to
be drawn and exchanged ; and having appointed Benjamin Rolfe
of Boston,* an additional clerk, they adjourned to the tenth of
the month.
On that day, both assemblies met at the appointed places. A
cavalcade was formed from Boston to Salisbury, and the governor
. rode in state, attended by a troop of horse.f He was
ug' ' met at Newbury ferry by another troop ; who, joined by
three more at the supposed divisional line, conducted him to the
George tavern, at Hampton-Falls ; where he held a council and
made a speech to the assembly of New-Hampshire. Whilst
both assemblies were in session ; the governor, with a select com
pany, made an excursion, of three days, to the falls of Amuskeag ;
an account of which was published in the papers, and concluded
in the following manner : ' His excellency was much pleased
' with the fine soil of Chester, the extraordinary improvements at
' Derry, and the mighty falls at Skeag.'1
In the speech, which the governor made to the assembly of
New-Hampshire, he recommended to them to appoint two officers,
agreeably to his majesty's commission. The assembly appeared
to be much surprised at this speech ; and in their answer, said,
that ' the committee before appointed had already given in the
' names of two officers, which they approved of ; for had it not
' been done, at the first meeting of the commissioners, they might
' have proceeded ex parted
Considering the temper and views of Mr. Belcher's opponents,
this was rather unfortunate for him, so soon after his profession of
being ' a common father to both provinces.' For if the commit
tee had a right to nominate the two officers, then his recommen
dation was needless ; if they had not, it might justly be asked,
(1) Boston Weekly News Letter, Aug. 25. (2) Assembly Journal and
printed brief.
* [Benjamin Rolfe was afterwards one of the early settlers of Concord, then
called Rumford, where he died 20 December, 1771. He graduated at Har
vard college in 1727, and for some time was the only magistrate in Concord.
He married Sarah, daughter of Rev. Timothy Walker, and she, afterthe death
of Mr. Rolfe, became the wife of Benjamin Thompson, afterward the distin
guished German count, who from his early residence in New-Hampshire, took
the name of Rumford.]
t This procession occasioned the following pasquinade, in an assumed
Hibernian style. ' Dear Paddy, you ne'er did behold such a sight,
As yesterday morning was seen before night.
You in all your born days saw, nor I didn't neither,
So many fine horses and men ride together.
At the head, the lower house trotted two in a row,
Then all the higher house pranced after the low ;
Then the governor's coach gallop'd on like the wind,
And the last that came foremost were troopers behind ;
But I fear it means no goo<J, to your neck or mine ;
Fox they say 'tis to fix a right place for the line.'
Collection of Poems, p. 54.

1737.] PROVINCE. JONATHAN BELCHER. 245
why did he not call the assembly together, on the sixth of July,
to which day they had been prorogued ? The excuse was, that
he did it, to avoid any objection, which might be made to the re
gularity of their appointment ; and to give them an opportunity
to ratify and confirm it. The truth was, that Mr. Belcher high
ly resented the conduct of the committee of New-Hampshire, who
concealed the commission, and never communicated it to him in
form. Had he been aware of the use, which his enemies might
make, of his rigid adherence to forms, when he could not but
know the contents of the commission, and the time when it must
be executed, prudence might have dictated a more flexible con
duct. They did not fail, to make the utmost advantage of his
mistakes, to serve the main cause which they had in view.
The expresses which were sent by Massachusetts, to call the
other commissioners, had no other effect than to add to the num
ber, Philip Livingston, from New-York ; who, being senior in
nomination, presided in the court.
To prevent the delay, which would unavoidably attend the tak
ing of plans from actual surveys ; the commissioners recommend
ed, to both assemblies, to agree upon a plan, by which the pre
tensions of each province should be understood ; but as this could
not be done, a plan drawn by Mitchel was accepted, and when
their result was made, this plan was annexed to it. They then
proceeded to hear the answers, which each party made, to the
demands of the other, and to examine witnesses on both sides.
Neither party was willing to admit the evidence, produced by the
other, and mutual exceptions and protests were entered. The
points in debate were, whether Merrimack river, at that time,
emptied itself into the sea, at the same place where it did sixty
years before ? Whether it bore the same name, from the sea,
up to the crotch ? and whether it were possible to draw a paral
lel line, three miles northward, of every part of a river ; the
course of which was, in some places, from north to south ?
With respect to the boundary line, between New-Hampshire
and Maine, the controverted points were, whether it should run
up the middle of the river, or on its north-eastern shore ; and
whether the line, from the head of the river, should be due north
west, or only a few degrees westward of north.
The. grand point on which the whole controversy respecting
the southern line turned, was, whether the charter of William and
Mary granted to Massachusetts, all the lands which were granted,
by the charter of Charles the First ? On this question, the com
missioners did not come to any conclusion. Reasons of policy
might have some weight, to render them indecisive ; but, whether
it were really so or not, they made and pronounced their result in
the following words. In ' pursuance of his majesty's commission,
' the court took under consideration, the evidences, pleas, and
' allegations offered and made by each party ; and upon mature

246 HISTORY OF NEW-HAMPSHIRE. [1737.
advisement on the whole, a doubt arose in point of law ; and
the court thereupon came to the following resolution. That if the
charter of King William and Queen Mary, grants to the province of
Massachusetts Bay, all the lands granted by the charter of King
Charles the First, lying to the northward of Merrimack river ;
then the court adjudge and determine, that a line shall run, par
allel with the said river, at the distance of three English miles,
north from the mouth of the said river, beginning at the south
erly side of the Black Rocks, so called, at low water mark and
thence to run to the crotch, where the rivers of Pemigewasset
and Winnipiseogee meet ; and from thence due north three
miles, and from thence due west, toward the south sea, until it
meets with his majesty's other governments ; which shall be the
boundary or dividing line, between the said provinces of Mas
sachusetts and New-Hampshire, on that side. But, if other
wise, then the court adjudge and determine, that a line on the
southerly side of New-Hampshire, beginning at the distance of
three miles north, from the southerly side of the Black Rocks
aforesaid, at low water mark, and from thence running due west,
up into the main land, toward the south sea, until it meets with his
majesty's other governments, shall be the boundary line between
the said provinces, on the side aforesaid : Which point in doubt,
the court humbly submit, to the wise consideration of his most
sacred majesty, in his privy council ; to be determined accord
ing to his royal will and pleasure.
' As to the northern boundary, between the said provinces, the
court resolve and determine ; that the dividing line shall pass
through the mouth of Pascataqua harbor, and up the middle of
the river of Newichwannock, (part of which is now called Sal
mon-Falls) and through the middle of the same, to the farthest
head thereof, and from thence north, two degrees westerly, un
til one hundred and twenty miles be finished, from the mouth
of Pascataqua harbor, aforesaid ; or until it meets with his maj
esty's other governments. And, that the dividing line shall part.
the Isles of Shoals, and run through the middle of the harbor,
between the islands, to the sea, on the southerly side ; and that
the southwesterly part of said islands shall lie in, and be account
ed part of, the province of New-Hampshire ; and that the north
easterly part thereof shall lie in, and be accounted part of, the
province of Massachusetts Bay ; and be held and enjoyed by
the said provinces respectively, in the same manner as they now
do, and have heretofore held and enjoyed the same.
' And the court do further adjudge, that the cost and charge
arising by taking out the commission, and also of the commis
sioners and their officers, viz. the two clerks, surveyor and wait
er, for their travelling expenses, and attendance in the execu
tion of the same, be equally borne by the said provinces.'1
(1) MS. Copy Journal of Massachusetts Assembly, p. 35.

1737.] PROVINCE. JONATHAN BELCHER. 247
Thus this long depending question, after all the time, expense
and argument, which it has occasioned, remained undecided.
When this evasive decree was published, the commissioners
adjourned, to the fourteenth of October, to receive appeals ; and
the same day, the governor, at the request of the council only,
adjourned the assembly of New-Hampshire to the twelfth of Oc
tober. By this sudden adjournment, it was impossible for them
to obtain a copy of the decree, before their dispersion, or to frame
an appeal, till two days before the time, when it must have been
presented. The assembly of Massachusetts continued their ses
sion, at Salisbury, five days longer. On the fifth of September,
they obtained copies of the royal commission, and the decree of
the commissioners, which they entered on their journal. On the
sixth, they agreed upon an appeal ; and on the seventh, at the
united request of both houses, the governor adjourned them to the
12th of October.
The sudden adjournment of the assembly of New-Hampshire,
when that of Massachusetts continued their session, was unfortu
nate for Governor Belcher ; and gave his opponents another ad
vantage, to pursue their grand design against him. The reasons
assigned for it were, that the report of the commissioners being
special, the whole matter would of course come before the king,
without any appeal from either province. For this reason, a
majority of the council were against an appeal. That as the
committee, appointed in April, had the same power to act in the
recess, as in the session of the assembly ; and, as the council
were against appealing ; so the appeal could not be made, by the
whole assembly, and therefore the governor thought, that the best
service which he could do to the province, was to adjourn the
assembly, and leave the whole business in the hands of the com
mittee. With respect to the short time, between the 12th and
14th of October, it was observed, that the claim of New-Hamp
shire was contained in a few lines, and their exceptions to the
judgment of the commissioners might be prepared in a quarter of
an hour.1
Both assemblies met again, in the same places, at the appointed
time. The representatives of New-Hampshire having, by Qct 12
the help of their committee, in the recess of the assembly,
obtained the papers, framed their exceptions and sent a message,
to know if the council were sitting ; but the council being deter
mined .against an appeal, had met and adjourned, without doing
any business. The house therefore was reduced to the necessity
of desiring the commissioners to receive their appeal, without the
concurrence of the governor and council. The appeal, from the
assembly of Massachusetts, was presented in due form, authenti
cated by the speaker, secretary and governor. Their committee
(1) Printed brief.

248 HISTORY OF NEW-HAMPSHIRE. [1737.
entered a protest against the appeal of New-Hampshire, because
it was not an act of the whole legislature ; nevertheless, the com
missioners received it, and entered it on their minutes. Having
received these appeals, the commissioners adjourned their court
to the first of August, in the next year, but they never met again.
The assembly of Massachusetts appointed Edmund Quincy
and Richard Partridge agents, to join with Francis Wilks, their
former agent, in the prosecution of their appeal before the king ;
and raised the sum of two thousand pounds sterling, to defray die
expense.1 When the representatives of New-Hampshire proposed the
raising of money, to prosecute their appeal, the council noncon
cured the vote.2 Their reasons were, that the appeal was not an
act of the council ; that they had no voice in the appointment of
the agent ; and, that at the beginning of the affair, the house had
declared to the council, that the expense of it would be defrayed
by private subscription.
At this session of the Massachusetts assembly, Mr. Belcher
put them in mind that he had suffered in his interest, by the con
tinually sinking value of their bills of credit, in which his salary
was paid ; a point which he had, often before, urged them to con
sider. In answer to this message, they made him a grant of
JE333, 6, 8, in bills of the new tenor.3 The same day, they
made a grant of the like sum, to the president of Harvard college.
Both these sums appear to have been justly due ; and at any
other time, no exception could have been made to either. But,
hecause the grant to the governor happened to be made, at the
same time with the grant of £2000 sterling to the agents, his
opponents pretended, that he received it as a bribe, from the as
sembly of Massachusetts, for favoring their cause.
The appeal of New-Hampshire, from the judgment of the
commissioners, was founded on the following reasons. With ,
respect to the southerly line ; because it made the Black Rocks,
lying in a bay of Merrimack river, the point from which the three
miles were to be measured ; which point was three quarters of a
mile north of the river's mouth ; and, because a line, parallel with
the river, was not only impracticable, but founded on the old
charter, which had been vacated ; and, if practicable, yet ought
not to go farther than the river held a westerly course. With
respect to the northern boundary, they objected to that part of the
judgment only, which directed the line to run up the middle of
the river ; alleging that the grant to Gorges was only of land, be
tween that river and Kennebeck ; and that New-Hampshire had
always been in possession of the whole river, and had maintained
a fortress which commanded its entrance.4,
(1) Massachusetts Journal of Assembly. (2) Printed brief. (3) Hutch, ii.
390. Journal, Oct 19. (4) MSS.

1737.] PROVINCE. JONATHAN BELCHER. 249
The appeal of Massachusetts was grounded on the following
reasons. That by the charter of William and Mary, the old
colony of Massachusetts was re-incorporated without any excep
tion ; that this charter empowered the governor and general as
sembly to grant all lands, comprehended in the old colony ; that
the committee of New-Hampshire acknowledged, that New-
Hampshire lay without the late colony of Massachusetts, by de
claring that it was between that and the province of Maine ; that
the west line, claimed by New-Hampshire, would cross Merrimack
river, thirty miles from its mouth, and exclude forty miles of said
said river out of Massachusetts, though declared, by both charters,
to be in it. They objected to extending the line of New-Hamp
shire till it should meet with his majesty's other governments ;
because according to Mason's grant, New-Hampshire could ex
tend no farther than sixty miles from the sea. With respect to
the northern boundary, they objected to a line north, two degrees
westwardly, alleging that it ought to be on the northwest point ;
they also excepted to the protraction of this line, till it should meet
with his majesty's other governments ; alleging that it ought to
extend no farther than one hundred and twenty miles, the fixed
limits of the province of Maine.
It was unfortunate for Massachusetts that their committee had
brought Mason's grant, in evidence to the commissioners, and
again recited it in their appeal ; for a line of sixty miles from the
sea would cross Merrimack river, long before the similar curve
line, for which they contended, could be completed. Besides,
Mason's grant extended to Naumkeag ; which was much further
southward, than they would have been willing to admit.
It may seem curious and unaccountable to most readers, that
the commissioners should determine the northern, or rather east
ern bounds of the northern part of New-Hampshire, to be a line
drawn north, two degrees westerly, from the head of Salmon-fall
river ; when the express words of Gorges' patent are ' north
westward.' The agents for Massachusetts, when this claim was
put in by New-Hampshire, could hardly think it was seriously
meant, when it was alleged that by northwestward must be under
stood, north a little westward.1 The only ostensible reason, given
for this construction was, that if a northwest line had been intended,
then a southeast line, drawn from the mouth of the harbor, would
leave all the Isles of Shoals in New-Hampshire; whereas, the
dividing line runs between them.2 On the other side, it might
have been said, with equal propriety, that a line drawn south, two
degrees east, from the mouth of the harbor, would leave all these
islands in Massachusetts. For the point where the islands are divi
ded bears south, twenty-nine degrees east, from the middle of the
harbor's mouth ; the variation of the needle being six degrees west.8
(1) Hutch, ii. 389. (2) MS. minutes of the commissioners. (3) [As] ob
served 1781.
34

250 HISTORY OF NEW-HAMPSHIRE. [1737.
When this affair was again agitated in England, the agents of
Massachusetts obtained a certificate from the learned Dr. Halley,
that a line northwestward ought to run forty-five degrees westward
of the north point. This was demonstratively true ; but there
were political reasons for dissenting from mathematical demon
stration. One of them is thus expressed, in a private letter, from
a committee of the assembly, to their agent Thomlinson. ' We
' hope that the northern line will be but a few degrees to the west-
' ward of north, that his majesty's province may include the great-
' est number, and best mast trees for the royal navy.' Though
this thought might never have occurred to a mathematician, yet
some of the commissioners were doubtless acquainted with it ; and
it was too important, not to have been communicated to the king's
ministers. Another political reason of dissent was, that by en
larging New-Hampshire, there would be a better prospect of ob
taining a distinct governor, which was the grand objeet in view.
The new agent of Massachusetts, Edmund Quincy, died of the
small pox, soon after his arrival in London. The affair was then
. .„„ left in the hands of Wilks and Partridge, neither of whom
understood so much of the controversy as Thomlinson ;
who was also far superior to them in address. In his letters, to
his friends in New-Hampshire, he frequently blames them for
their negligence, in not sending to him the necessary papers in
proper season ; and when sent, for the want of correctness and
regularity in them. But their deficiency was abundantly com
pensated by the dexterity of his solicitor, Parris ; who drew up a
long ' petition of appeal ;' in which, all the circumstances, attend
ing the whole transaction, from the beginning, were recited, and
colored, in such a manner, as to asperse the governor and assembly
of ' the vast, opulent, overgrown province of Massachusetts ;'
while ' the poor, little, loyal, distressed province of New-Hamp-
' shire' was represented as ready to be devoured, and the king's
own property and possessions swallowed up, by the boundless
rapacity of the charter government. Concerning the manner in
which this masterly philippic was framed, and the principal object
at which it was directed, there can be no better evidence, than
that which is contained in a letter, written by Parris to Thomlin
son, and by him sent to New-Hampshire. ' Two nights ago, I
' received a heap of papers from you, about the lines ;
' and have been four times to the colony office, and board
' of trade, to discover what I could in this imperfect affair ; but
' cannot see the case, till after Tuesday next. Notwithstanding
' which, I have, as well as I can, without proper materials, drawn
' up a long petition of appeal, to his majesty ; and as the Massa-
' chusetts have not yet presented theirs, I send you the draught
' of it, and hope we shall have our appeal, as well as the petition,
' from the New-Hampshire assembly, in, before the Massachusetts
' get theirs in. Had your principals considered the great conse-

1738.] PROVINCE. JONATHAN BELCHER. 251
' quence of being first, surely, in all this time, they would have
' sent you a copy of their proceedings, in order to have enabled
' us to be first ; but, as it is, I am forced to guess at matters, and
' affirm facts at adventure, or upon dubious passages in letters;
' which is a sad way of proceeding, and I wish we 'do not mistake
* some facts. They oblige us to make bricks without straw. —
' Above all, why did they not send a copy of their own appeal ?
' For want of it, I have been forced to guess what that appeal
' was, from loose passages in Mr. A.'s letters. Beg them, im-
' mediately to order, an exact copy to be made of all their votes,
' from March to October last. .Had these votes come over regu-
' larly and authentically, his Excellency would hav7e been shaken
' quite down, in a few weeks by them. You'll observe, I have
' laid it on him pretty handsomely, in my petition to the king.'*
Thus the petition of appeal became a petition of complaint,
against the governor and assembly of Massachusetts. Copies
were delivered to their agents, and the governor was ordered to
make answer to the allegations against him. At the same time,
Thomlinson advised his friends in New-Hampshire, to prepare
their proofs, as silently as possible ; and by no means to give any
offence to the governor ; assuring them of the favorable disposition
of several lords of the privy council, as well as the board of trade,
toward their cause ; and that they had need to be in no pain,
about the event.1
The death of Mr. Quincy at this critical moment, and the length
of time necessary to prepare and send over answers, to the com
plaint which Parris had thus artfully drawn up, obliged the agents
of Massachusetts to suspend the presenting of their appeal for
several months.

CHAPTER XVni.
Revival of Mason's claim. Accusations against Belcher, real and forged.
Royal censure. Final establishment of the lines. Hutchinson's agency.
Spanish war. Belcher's zeal and fidelity. His removal. Examination of
his character.
The spirit of intrigue was not confined to New-Hampshire ;
for the politicians of Massachusetts, by bringing into view the long
dormant claim of Mason, had another game to play, besides proving
the small extent of New-Hampshire. They perceived that the
(1) Thomlinson's MS. letters.
* This petition is printed at large, in the Journal of the Massachusetts as
sembly for 1738, with their vindication annexed, in which they call the peti
tion ' a chain of blundering, if not malicious falsehood.'

252 HISTORY OF NEW-HAMPSHIRE. [1738.
line, whether settled according to their own demand or that of
New-Hampshire, would cut off a considerable part of several of
their townships ; and though they had, by their agent, obtained a
promise, that private property should not be affected by the line
of jurisdiction, yet they thought it best to have some other se
curity. For what reason the government of Massachusetts did not
purchase the province of New-Hampshire, from Robert Mason,
at the same time (1677) that they purchased the province of
Maine, from the heirs of Gorges, we are not now able precisely
to determine. It is probable that the purchase might then have
been easily made, and much controversy prevented. When it
was sold, by John and Robert Mason, to Samuel Allen (1691)
the bargain was made in England ; and the lands were, by fiction
of law, supposed to be there ;* by which means, the process re
specting the fine and recovery was carried on in the court of king's
bench. During the lives of the two Masons, no notice was taken
of the supposed flaw ; and the sale to Allen was not disputed.
The brothers returned to America. John, the elder, died
without issue. Robert married in New-England, and had a son ;
who, after the death of his father, conceived hopes of invalidating
Allen's purchase, and regaining his paternal inheritance ; which
it was supposed could not have been transferred by his father and
uncle, for any longer term, than their own lives. It was also said
that the fiction, by which the lands were described, to be within
the jurisdiction of the courts of Westminster hall, rendered the
proceedings void ; and therefore that the entail was still good.
Filled with these ideas, he made strenuous exertions, to acquire
money, to assist him in realizing his expectations ; but died in the
midst of his days, (1718) at the Havana, whither he had made a
voyage with this view. His eldest son, John Tufton, was bred to
a mechanical employment in Boston ; and came of age, about the
time in which the controversy between the two provinces was in
agitation. He inherited the enterprising spirit of his ancestors,
and the public controversy called his attention to his interest. On
this young man, the politicians cast their eyes ; and having con
sulted counsel on the validity of his claim, and the defect of the
transfer, they encouraged him to hope, that this was the most
favorable time to assert his pretensions.1 Had they purchased his
claim at once ; they might doubtless have obtained it for a trifle,
and have greatly embarrassed the views of their antagonists. In
stead of such a stroke of liberal policy, they treated with him,
(1) MS. copy of Read's and Auchmuty's opinions.
* In the process by which the entail was then docked, the situation of the
land is expressed in these words :
' In New-Hampshire, Main, Masonia, Laconia, Mason-hall and Mariana,
in New-England, in America, in the parish of Greenwich.' MS. in Proprie
tary Office.

1738.] PROVINCE. JONATHAN BELCHER. 253
concerning the release all of those lands, in Salisbury, Amesbury,
Haverhill, Methuen and Dracut, which the line would cut off;
and, for five hundred pounds currency, obtained a quit-claim of
twenty-three thousand six hundred and seventy-five acres. They
j . j also admitted his memorial to the assembly ; in which he
represented to them, that his interest might probably be
affected, by the final determination of the line, and praying that
the province would be at the expense of his voyage to England,
to take proper measures for securing it.1 To this, they consented,
on condition that he should prove his descent from Captain John
Mason, the original patentee.* Depositions were accordingly
taken in both provinces, to which the public seals were affixed ;
and they put him under the direction of their agents, ordering his
expenses to be paid, as long as they should judge his presence in
England serviceable to their views.2
The agents stated his case to their counsel, the king's solicitor ;
and asked his opinion how they should proceed ; but he advised
them, not to bring him into view, lest the lords should think it an
artifice, intended to perplex the main cause. On this considera
tion, they dismissed him from any farther attendance ; and paid his
expenses, amounting to above ninety pounds sterling. f 3
(1) Journal of Assembly. (2) MS. copies in the proprietary office. —
(3) Agent's letters in Secretary's office of Massachusetts.
* [His descent from the original proprietor of New-Hampshire will appear
from the following :
Capt. John Mason was born at Lynn-::: Anne, his wife, who survived him.
 ' Nov.

Regis, in Norfolk, and died in
1635.

Jane Mason:::Joseph Tufton, (see p. 16.]

John Tufton, who took
the name of Mason and
died sine prole.

Robert Tufton, who took:::
the name of Mason and
died in 1688, aged 56.

John Tufton Mason,
who died in Virgin
ia, sine prole.

John Tufton Mason,
who died at Havana,
in 1718.

Robert Tufton Mason, who:
lived in Portsmouth, and
was lost at sea in ] 696.

Anne Tufton,
who died 1677,
sine prole.

:Catharine Wiggin.

Elizabeth Mason,
and several others.

John Tufton Mason, mariner of Bos
ton, born about 1713, in whom the
title was revived in 1738.

Thomas Tufton Mason,
who was a minor in
1738.]

t Mr. Hutchinson, in his history of Massachusetts, has passed over this
whole transaction in silence ; though it is well known that he was one of the
managers of it. See Journal of Mass. Rep. June 2, 1738, p. 11.

254 HISTORY OF NEW-HAMPSHIRE. [1738.
Such a transaction, though conducted as privately as the na
ture of the thing would admit, did not escape the vigilance of
Thomlinson ; who, on finding Mason detached from the agents
of Massachusetts, entered into an agreement with him, for there-
lease of his whole interest, to the assembly of New-Hampshire ;
in consideration of the payment of one thousand pounds, curren
cy of New-England. This manoeuvre served to strengthen the
interest of New-Hampshire, and Thomlinson was much applauded
for his dexterity. He had the strongest inducement, to continue
his efforts in their favor ; for no less than twelve hundred pounds
sterling had been already expended, in prosecuting the affair of
the line ; which sum had been advanced by himself and Rindge.
There was no prospect of repayment, unless the province could
be put under a separate governor ; and this point could not be
ohtained, till the removal of Belcher.
The agents of Massachusetts, after a long delay, presented their
appeal ; and followed it with a petition, for the benefit of their
former protests, against the New-Hampshire appeal ; objecting
also to its regularity, as it contained matters of personal complaint,
against the governor ; which had been no part of the records of
the commissioners.1 Thomlinson finding this new petition thrown
in his way, applied for its being immediately heard ; and at the
hearing, it was dismissed, but without prejudice to the
' agents of Massachusetts being permitted, to object against
the regularity of the New-Hampshire appeal, when it should
come to a hearing. Such were the complaints against the gov
ernor, and the importunity of his adversaries to prosecute them,
that it was necessary to hear and despatch them, before the ap
peal respecting the lines could be brought forward.
It must be remembered, that Mr. Belcher had enemies, in his
government of Massachusetts as well as New-Hampshire, who
united their efforts to obtain his removal from both ; but as they
supposed him more vulnerable in his capacity of governor of
New-Hampshire, so they joined in strengthening the complaints,
from that quarter, as a preparatory step, to effect his complete re
moval. Whilst he was engaged, in preparing for his defence,
against the charges, in the petition of appeal, other attacks were
meditating, which were conducted with such silence that it was
impossible for him to guard against their effects. One of
1739. these was a letter, purporting to have been written at Ex-
y eter, subscribed by five persons, said to be inhabitants of
that town, and directed to Sir Charles Wager, first lord of the
admiralty. In this letter, it was said, that ' finding his lordship
' had ordered the judge advocate of the court of admiralty to in-
' quire into the riot, which had been committed there, (1734) and
(1) July 18-October 9. Printed brief and MS. letters.

1739.] PROVINCE. JONATHAN BELCHER. 255
' the assault of the surveyor and his officers ; and fearing to be
' brought into trouble on that account, they would confess the
' whole truth. That they had been indulged, by former survey-
' ors, in cutting all sorts of pine trees, till the appointment of
1 Colonel Dunbar to that office ; who had restrained and prose-
' cuted them ; but that Governor Belcher had privately given
* them encouragement to go on ; by assuring them that they had
' the best right to the trees ; that the laws were iniquitous, and
• ought not to be regarded ; that although he must make a shew
• of assisting that Irish dog of a surveyor ; yet he would so man-
1 age it with the council and justices, who were under his influ-
' ence, that they should not suffer ; and further to encourage
' them, he had made several of them justices of the peace, and
' officers of militia. That he had also told them not to fear any
' inquiry into their conduct ; for that lie would write to the board
' of admiralty, in their favor ; and boasted that he had such an
' influence over their lordships, that they would believe every
' thing which he should say. That as they had now confessed
' the truth, they hoped to be forgiven, and not prosecuted in the
{ admiralty court ; and begged that this information might be kept
' secret till the governor's removal, which they hoped would soon
' be effected. That whatever might have been said to the con-
' trary, they could assure him that the province of New-Hamp-
' shire contained the largest number of pine trees, and of the best
' quality, in all his majesty's American dominions ; and, for fur-
' ther information, they referred his lordship to several persons
' then in London, particularly to Mr. Wentworth and Mr. Waldo ;
' the latter of whom, was agent to Mr. Gulston, for procuring
' masts for the royal navy.'1
On the receipt of this letter, Sir Charles, with the candor of a
gentleman, sent a copy of it to Mr. Belcher ; who immediately
ordered an inquiry ; and it was proved to be an entire forgery ;
four of the persons whose names were subscribed utterly dis
claimed it, and the fifth was not to be found ; no such person be
ing known in the town of Exeter. The evidence of this forgery
was transmitted to England, with all possible expedition ; but not
till it had made an impression, to the disadvantage of the governor.
Another artifice used against him, was a memorial of Gulston,
the navy agent, and others ; complaining of the defenceless state
of the province ; that the fort lay in ruins, and that the militia
were without discipline ; notwithstanding the probability of a war.
This memorial was so artfully drawn, as to throw the blame of the
neglect on the governor, without mentioning his name ; which
was intended, to prevent his obtaining a copy, and being allowed
time to answer. Another complaint was made in the form of a
letter, respecting the grant of the tract called Kingswood ; in
(1) MS. copy of Exeter letter.

256 HISTORY OF NEW-HAMPSHIRE. [1739.
which he was represented, as partial to his friends, in giving them
an exclusive right, to the whole of that territory, which they
deemed, the unappropriated lands of the province. Several parts
of his administration were also complained of ; and in particular,
the infrequency of his visits to New-Hampshire.1 This letter was
signed by six members of the council, and a majority of the rep
resentatives. Gulston's memorial was presented to the lords of council ; and
by them referred to the board of trade, accompanied by the let
ter ; and though Mr. Belcher's brother and son applied for copies,
and time to answer, the request was evaded ; and a report was
framed, in favor of putting New-Hampshire under a separate gov
ernor. When this report came before the privy council, Lord
Wilmington, the president, ordered it back again ; that the gov
ernor might have that justice which his agents had asked. By
this means, he had opportunity to answer in his defence ; that
without money, the fort could not be repaired ; that it was not in
his power to tax the people ; that he had frequently applied to the
assemblies for money, to repair the fort ; to which they had con
stantly answered, that the people were too poor to be taxed ; and
had solicited him to break through his instructions, s-A allow them
to issue paper money, without any fund for its redemption ; that
the militia had always been trained according to law ; and that he
had constantly visited New-Hampshire, and held an assembly,
twice in the year, unless prevented by sickness ; for which he
appealed to the journals. To corroborate these pleas, the gov
ernor's friends procured five petitions, in his favor, and praying
for his continuance, signed by about five hundred people. The
petitions, however, did not express the sense of the majority ;
who had been persuaded into a belief, that they should receive
much benefit by a separate governor ; and accordingly, a counter
petition being circulated, was signed by about seven hundred of
the inhabitants.*
Things being thus prepared, the complaints Were brought to a
hearing, before the lords of council ; who reported to the king,
' that Governor Belcher had acted with great partiality,
' ' ' by proroguing the assembly of New-Hampshire, from the
' sixth of July, 1737, to the fourth of August following; in dis-
' obedience to his majesty's order in council ; which had been
' transmitted to him by the lords of trade, and which was proved
' to have been delivered to him, in due time; and, also by farther
' proroguing the said assembly, from the second of September,
' 1 737, to the thirteenth of October ; whereby the province were
(1) Belcher's letters, MS.
* [The whole number was 662. They belonged to the towns of Hampton,
Hampton-Falls, Kingston, Chester, Stratham, Exeter and Kensington. A
list of their names is in the Secretary's office of New-Hampshire.]

1739.] PROVINCE. JONATHAN BELCHER. 257
' deprived of the time, intended by his majesty's said order, to be
' allowed them, to prepare a proper and regular appeal ; thereby
' endeavoring to frustrate the intention of his majesty's commis-
' sion.'1 This report was approved by the king ; and from
this time, it may be concluded, that Mr. Belcher's removal
from the government of New-Hampshire was seriously contem
plated. The grant of Kingswood was also annulled ; and he was
prohibited from making any other grants of land, till the lines
should be determined.
This censure being passed on the governor, and the complaints
being at an end, the way was prepared for a hearing of the ap
peals, from both provinces, respecting the lines ; which 1 _.„
being had, the determination of this long controversy was Mar 5"
made on a plan entirely new. The special part of the
decree of the commissioners was set aside, and no regard was
had to their doubt, whether the new charter granted all the lands
comprehended in the old. It was said, that when the first grant
was made, the country was not explored. The course of the
river, though unknown, was supposed to be from west to east ;
therefore it was deemed equitable, that as far as the river flowed
in that course, the parallel line at three miles distance should
extend. But as on the one hand, if by pursuing the course of
the river, up into the country j it had been found to have a south
ern bend, it would have been inequitable to have contracted the
Massachusetts grant ; so, on the other hand, when it appeared to
have a northern bend, it was equally inequitable to enlarge it.
Therefore it was determined, ' That the northern boundary of
' the province of Massachusetts be, a similar curve line, pursuing
' the course of Merrimack river, at three miles distance, on the
' north side thereof, beginning at the Atlantic ocean, and ending
' at a point due north of Pawtucket falls ; and a straight line
'drawn from thence due west, till it meets with his majesty's other
' governments.'2 The other parts of the decree of the commis
sioners, respecting the northern line, and the payment of expenses,
were affirmed.
This determination exceeded the utmost expectation of New-
Hampshire ; as it gave them a tract of country, fourteen miles in
breadth, and above fifty in length, more than they had ever claim
ed. It cut off from Massachusetts, twenty-eight new townships,
between Merrimack and Connecticut rivers ; besides large tracts
of vacant land, which lay intermixed; and districts from six of
their old towns, on the north side of the Merrimack ; and if, as
was then supposed, the due west line were to extend, 'to twenty
miles east of Hudson's river, the reputed boundary of New- York ;
a vast tract of fertile country, on the western side of Connecticut
river, was annexed to New-Hampshire ; by which an ample
(1) Printed brief. (2) Council Records.
35

258 HISTORY OF NEW-HAMPSHIRE. [1740.
scope was given, first for landed speculation, and afterward for
cultivation, and wealth.
When this determination was known, the politicians of Massa
chusetts were chagrined and enraged. They talked loudly of
injustice ; and some of the more zealous proposed trying the merits
of the cause, upon the words of the charter, before the judges in
Westminster hall ; who, it was expected, would upon their oath
and honor reverse the judgment, and tell the king that he had
mistaken the meaning of the royal charter.1 This would indeed
have been a bold stroke. But a more moderate and pusillanimous
scheme was adopted ; which was to send over a new agent, to
petition the king, that he would re-annex to their government, the
twenty-eight new townships, which had been cut off, and the dis
tricts of the six old towns. It was also thought prudent, that the
whole province should not openly appear, in the affair ; but that
petitions should be drawn, by the inhabitants of these towns, and
that the agent should be chosen by them.2 Accordingly town
meetings were held ; petitions were prepared and subscribed ;
and Thomas Hutchinson was appointed their agent, and sent over
to England ; where he formed those connexions, which after
wards served to raise him, to the chair of government in his na
tive province.
About the same time, Governor Belcher procured a petitiony
from his six friends, of the council of New-Hampshire, to the
king ; praying that the whole province might be annexed to the
government of Massachusetts.3 This matter had been long in
contemplation, with these gentlemen ; but was now produced at
the most unfortunate time, which could have been chosen. Their
petition was at once rejected. But that from the towns was kept
in suspense a long time ; till Thomlinson was prepared, to answer
all the pleas, which Hutchinson could advance, and proved too hard
an antagonist for him. It was finally dismissed,* because it was
thought ' that it never could be for his majesty's service, to annex
' any part of his province of New-Hampshire, as an increase of
' territory, to Massachusetts ; but rather, that it would be for the
' benefit of his subjects there, to be under a distinct government^'*
Though Belcher's removal was seriously feared, by his best
friends ; yet he had so much interest with some of the lords in high
office, that they could not be prevailed with to give him up. The
war, which had commenced between Britain and Spain, afforded
him an opportunity, to signalize his zeal for the king's service ;
and he determined to prove himself, a faithful servant to the
crown, in every instance ; in hope that a course of time and fidel-
(1) Belcher's letters. (2) Thomlinson's observations on Massachusetts pe
tition, MS. (3) Thomlinson's MS. letters. (4) Bow brief.
" The ill success of this agency was probably the reason, that Mr. Hutcbin
son took no notice of it, in his history of Massachusetts.

1740.] PROVINCE. JONATHAN BELCHER. 259
ity might efface the impressions, which had been made, to his
disadvantage. It being resolved by the British court, to undertake an expedi
tion to the island of Cuba, Governor Belcher, agreeably to the
orders which he had received from the Duke of Newcastle,
issued a proclamation, for the encouragement of men who . _<.
would enlist in the service ; ' that they should be supplied pr' '
* with arms and clothing ; be in the king's pay ; have a share of
' the booty which should be taken ; and be sent home, at the ex-
* piration of their time of service ; and that his majesty would
; order a number of blank commissions, to be filled up by the
' governor, and given to the officers, who should command the
4 troops, tp be raised in the provinces.' He afterwards
pressed this matter, closely, in his speech to the assembly ; s-
and urged them, to make provision, for one hundred men, and a
transport, to convey them to Virginia ; where all the colony troops
were to rendezvous ; and thence to proceed, under the command
of Colonel Gooch, to the place of their destination. The assem
bly voted, as much as they judged sufficient for this purpose ;
and the governor appointed a captain, and gave him beating or
ders ; but the commissions and arms not being sent, according to
the royal promise, no men could be enlisted in New-Hampshire.
The governor received commissions and arms for four companies
to be raised in Massachusetts ; where he could easily have enlisted
ten, had he been furnished according to the engagement.1 To
this failure and not to any want of exertion, on his part, in either
of his governments, may be ascribed the paucity of troops raised
in them ; and yet his enemies failed not of blaming him on this
account. The- representatives of New-Hampshire took
this occasion to frame a vote, disapproving his administra- ugus '
tion ; and upon this vote, their agent founded another battery, to
attack his character.2
In conformity to the royal determination of the boundaries,
orders were given to Belcher, to apply to both his govern- ^ _,...
ments, to join in appointing surveyors", to run out, and mark
the lines ; and that if either should refuse, the other should pro
ceed ex parte. The assembly of Massachusetts delayed giving
an answer in season, which was construed a denial. The assem
bly of New- Hampshire appointed three surveyors, to execute the
service, who were commissioned by the governor. They were
directed to allow ten degrees, for the westerly variation of the
needle ; and the work was performed in the months of February
and March. George Mitchell surveyed and marked the similar
curve line, from the ocean, three miles north of Merrimack river, to a
station north of Pawtucket falls, in the township of Dracut. Rich
ard Hazzen began at that station and marked the west line, across
(1) Belcher's letters. (2) Thomlinson's letters.

260 HISTORY OF NEW-HAMPSHIRE. [1741.
Connecticut river, to the supposed boundary line of New-Hamp^
shire. Walter Bryent began the line, from the head of Salmon-
falls river, and marked it about thirty miles ; but was prevented
from proceeding farther, partly by the breaking up of the rivers,
which rendered travelling impracticable ; and partly by meeting
a company of Indians who were hunting, and took his men for a
scouting party. In their return, they found on one of the trees,
which they had marked, ' the figure of a man's hand grasping a
* sword ;' which they interpreted, as a signal of defiance, from the
Indians.1 The return of these lines to the board of trade was one of the
last acts of Mr. Belcher's administration. His enemies in both
governments were indefatigable in their endeavors to remove him ;
and by their incessant applications to the ministry ; by taking
every advantage of his mistakes ; by falsehood and misrepresent
ation ; and finally, by the diabolical arts of forgery and perjury,
they accomplished their views.2 He was succeeded in the gov
ernment of Massachusetts, by William Shirley ; and in NeW-
Hampshire, by Benning Wentworth.
At this distance of time, when all these parties are extinct, and*
every reader may be supposed impartial ; it may seem rather
strange, that Governor Belcher should meet with such treatment,
from the British court, in the reign of so mild and just a prince,
as George the Second. That Mr. Belcher was imprudent and
unguarded, in some instances, cannot be denied. He was indeed
zealous to serve his friends, and hearken to their advice ; but, by
this means, he laid himself open, to the attacks of his enemies ; to
whom he paid no court, but openly treated them with contempt.
His language to them was severe and reproachful, and he never
spared to tell the world, what he thought of them.
This provoked them ; but they had the art to conceal their re
sentment, and carry on their designs, in silence, till they were ripe!
for execution. He had by far too mean an opinion of their abili
ties, and the interest which they had at court ; and when he knew
that they had the ear of the lords of trade, he affected to think
them, ' not very mighty lords, nor able to administer life and death.'
He had a consciousness of the general integrity of his own inten
tions ; and appears to have been influenced, by motives of honor
and justice ; but he was not aware of the force of his own preju
dices. It may admit of doubt, whether, considering the extreme
delicacy of his situation, it were within the compass of human
policy, to have conducted so as to give offence to neither of his
provinces, in the management of such a controversy ; but it is
certain, that his antagonists could not fairly fix but one real stigma,
on his character ; and that when impartially examined, can
(1) MS. returns in the files, Bryent's Journal. (2) Douglass, i. 481.—
Hutch, ii. 397.

1741 ] PROVINCE. BENNING WENTWORTH. 261
amount to no more than an imprudent step1, at a critical time*
grounded on an undue resentment of an affront ; for to suppose
that his intention was to frustrate the commission, is inconsistent
with the whole tenor of his public declarations, and private cor
respondence. When his enemies met him on fair and open
ground, he was always prepared to answer ; but it was impossible
to guard against their secret attacks. If the cause which they
meant to serve was a good one, why did they employ the basest
means to effect it ?
The cruelty and hardship of his case may appear from the fol
lowing considerations. He had been one of the principal mer
chants of New-England ; but, on his appointment, to the chair of
government, quitted every other kind of business, that he might
attend with punctuality, and dignity to the duties of his station. r
By the royal instructions, he was restrained from giving his assent,
to any grant of money, to himself ; unless it should be a perman
ent salary. What he received from New-Hampshire was fixed,
and paid out of the excise ; but the assembly of Massachusetts
could not be persuaded, to settle any salary upon him. They
made him a grant of three thousand pounds, (worth about seven
or eight hundred sterling) generally once in a year, at their ses
sion in May. He was then obliged to solicit leave from the king,
to accept the grant, and sign the bill ; and sometimes could not
obtain this leave till the end of the year ; once not till five days
before the dissolution of the assembly. In the mean time, he was
obliged to subsist on his own estate ; and had he died within the
year, the grant would have been wholly lost, to his family. He
was earnest to obtain a general permission to sign these grants ;
but in that case, the clerks of offices, in England, through whose
hands the permission must have passed, would have lost their
fees. He was now in the sixtieth year of his age ; he had a
family of children and grand children, whose sole dependence
was on him ; and he thought with reason, that if his course of
faithful service, and the unworthy arts of his enemies had been
duly considered ; the censure of his superiors would have been
less severe, than ' to deprive him of his bread and honor.'
Whilst he entertained the worst opinion possible of the charac
ters of his enemies, he had a strong confidence, in the justice of
the government, before which he was accused. In one of his
letters to his son, he says, ' I must expect no favor while Bladen
' is at the board of trade ; but where the devil there, I should ex-
4 pect justice, under the British constitution, corroborated by the
' Hanover succession.' The event proved, that his confidence
was not ill founded. For, on being superseded, he repaired to
court ; where, though his presence was unwelcome to some, yet
he had opportunity to bring the most convincing evidence of his
(1) Belcher's letter to Doddington, MS.

262 HISTORY OF NEW-HAMPSHIRE. [1741.
integrity, and of the base designs of his enemies. He was so far
restored to the royal favor, that he obtained a promise, of the first
vacant government in America, which would be worthy of his ac
ceptance. This proved to be the province of New-Jersey ;
where he spent the remaining years of his life ; and where his
memory has been treated with deserved respect.*

CHAPTER XIX.
The beginning of Benning Wentworth's administration. War opened in
Nova Scotia. Expedition to Cape-Breton; its plan, conduct and success,
with a description of the island, and of the city of Louisburg.
Benning Wentwortjh, Esquire, son of the deceased lieuten
ant governor, was a merchant of good reputation in Portsmouth,
and well beloved by the people. He had represented his native
town in the assembly for several years, where he distinguished
himself in the opposition to Belcher. He afterward obtained a
seat in council ; where, sensible of the popularity of his family,
and feeling the pride of elevation, he continued the opposition,
and joined in the measures which were pursued for obtaining a
distinct governor, without any apprehension that himself would be
the person ; till a series of incidents, at first view unfortunate,
prepared the way for his advancement to the chair.
In the course of his mercantile dealings, he had entered into a
contract with an agent of the court of Spain, and supplied him
with a large quantity of the best oak timber ; to procure which,
' he borrowed money in London. When he delivered the timber
at Cadiz, the agent with whom he had contracted, was out of
place, and the new officer declined payment. In returning to
America, the ship foundered, and he was saved with the crew in
* [Jonathan Belcher died at Elizabeth-Town, 31 August. 1757. In a
letter to Secretary Waldron, dated 7 January, 1740, he says, " This day en
tered the fifty-ninth year of my age." He was therefore at the time of his
death in his 76th year. His father Andrew Belcher was born at Cambridge,
1 January, 1647, and removed to Boston about 1707. He was one of tie
council of safety on the deposition of Andros in 1689, and a member of the
council of the province of Massachusetts, from May, 1702, to the time of his
death, 31 October, 1717, at the age of 70. The grandfather of Governor Bel
cher was Andrew Belcher, who came from England as early as 1640, and set
tled at Cambridge. He married a sister of Deputy Gov. Thomas Danforth,
of Cambridge, and died as early as 1680. Two sons of Gov. Belcher were
educated at Harvard college, viz. Andrew, who graduated in 1724, and died
at Milton, Massachusetts, 24 January, 1771, aged 65, and Jonathan, who
graduated in 1728, chief justice and governor or Nova Scotia, and died 29
March, 1776, aged 65, leaving an only son, Andrew, who resides in England,
and one daughter, who lives in Cambridge, Massachusetts.]

1741.] PROVINCE. BENNING WENTWORTH. 263
a boat. These misfortunes deranged his affairs and reduced him
to a state of bankruptcy. Afterward, he went again to Spain,
hoping by the interest of Sir Benjamin Keene, the British minis
ter, to obtain his due, but his suit was ineffectual. About that time,
Thomlinson, despairing of Dunbar's advancement to the govern
ment of New-Hampshire, turned his thoughts toward Wentworth ;
and having procured him a letter of license from his creditors in
London, invited him thither.1 Wentworth represented his case to
the British court, complained of the injustice of Spain, and peti
tioned for redress. Many British merchants, who had suffered
by the insolence of the Spaniards, were, at the same time, clam
orous for reparation. The ministry were studious to avoid a war.
A negociation was begun, and the court of Spain promised resti
tution ; but failed in the performance.2 War was then determined
on, and all negociation ended. Disappointed in his plea for jus
tice, Wentworth made his suit for favor ; and by the aid of Thom
linson, who understood the ways of access to the great, he obtained
a promise from the Duke of Newcastle, that when New-Hamp
shire should be put under a distinct governor, he should have the
commission. The expense of the solicitation and fees, amount
ing to three hundred pounds sterling, was advanced by his friends
in England, and repaid by his friends in New-Hampshire.3
He was received in Portsmouth after a long absence, with great
marks of popular respect. Among the compliments ._..
which were paid to him on that occasion, one was, that
he had been instrumental of ' rescuing New-Hampshire Dec- 12-
from contempt and dependence.' In his first speech to the as
sembly, he reflected on the conduct of his predecessor, not by
name, but by implication ; for not having taken early measures to
raise men for the expedition against the Spanish West-Indies; and
intimated his apprehension, that the good intention of the
province in raising money for that purpose, would be frus
trated, since the men who were willing to enter into the service had
enlisted in the other provinces.4 He also complimented them, on
their good faith in regard to the several emissions of paper money ;
all of which were to be called in within the present year. He did not
forget to recommend a fixed salary for himself, not subject to depre
ciation ; nor the payment of expenses which had arisen on account
of the boundary lines. He informed them of the king's indul
gence, in giving him leave to consent to a farther emission of bills
of credit, to enable them to discharge their obligations to the
crown ; provided that no injury should be done to the trade of the
mother country. He also recommended to their attention the
faithful services of their agents, one of whom, Rindge, was dead,
and the payment of the debt due to his heirs.
(1) Thomlinson's letter, MS. (2) Gentleman's Magazine, for 1739 
(3) MS. letters of Thomlinson and Atkinson. (4) Journal Assembly, Jan. 14

264 HISTORY OF NEW-HAMPSHIRE. [1742.
The assembly, in their answer, acknowledged the wisdom and
justice of the king in determining the long controversy between
them and Massachusetts ; but as to payment of the expense, they
reminded him that one half ought to be paid by Massachusetts, and
desired him to use his influence for that purpose. With respect
to the failure of raising men for the expedition, they set him right
by ascribing it to the true cause ; there being no commissions sent
to the province for that service. Concerning the salary, they
said, that as soon as they could know what number of inhabitants
would be added to them by the settlement of the lines, and how
the money could be raised, they should make as ample provision
for his honorable support as their circumstances would admit.
They acknowledged the fidelity and industry of their agents, and
professed a good will to reward them ; but could not then prom
ise adequate compensation.
The assembly voted a salary of two hundred and fifty pounds,
proclamation money, to the governor, funded as usual on the ex
cise ; and having obtained the royal license for emitting twenty-
five thousand pounds on loan for ten years, they granted the gov
ernor two hundred and fifty pounds more, to be paid annually out
of the interest of the loan.1 When this fund failed, they made
annual grants for his ' further and more ample support,' and gen
erally added something for house rent. They presented their
agent, Thomlinson, one hundred pounds sterling, for his faithful
services ; but what they did for the heirs of Rindge does not ap
pear. After Mr. Wentworth was quietly seated in the chair of govern
ment, an opportunity presented to advance his interest still farther.
„ „ For the sum of two thousand pounds sterling, Dunbar was
prevailed on to resign the surveyorship of the woods, and
Thomlinson negotiated an appointment in favor of Wentworth, with
a salary of eight hundred pounds sterling, out of which he was to
maintain four deputies. But to obtain this office, he was obliged to
' rest his claim on the crown of Spain for fifty-six thousand dollars.'
These appointments of Mr. Wentworth gave the opposers of
the former administration great cause of triumph; but the spirit of
opposition had only changed sides. It was hoped and expected
by some, that Mr Belcher, by going to England, would not only re
move the ill impressions, which the malice of his enemies had
made, but return to his former station. Others, who had no
predilection for Belcher, looked with envy on the good fortune of
Wentworth, and aimed to undermine him ; at the same time court
ing the friends of the former administration to join in their meas
ures. These things were managed with secrecy, and a few hints
only are left as evidence of the existence of designs, which were
never brought to maturity. (l) MS. Acts.

1744.] PROVINCE. BENNING WENTWORTH. 265
It was one of the royal < instructions to governors, that in any
cases of difficulty or sudden emergency, they should communi
cate with each other. Mr. Wentworth had a high opinion of the
abilities of the new governor of Massachusetts, and there being a
strict friendship between them, consulted him on all occasions.
Shirley was gratified by this deference, and knew how to make
his advantage of it. , Thus, though New-Hampshire was under a
governor distinct from that of Massachusetts, a point which had
long been contended for ; yet the difference was not so great in
reality as in appearance. This was a circumstance not much
known at that time. The advice which Shirley gave him was, in
general, salutary and judicious.1
The war which had been kindled between Britain and Spain,
extended its flames over a great part of Europe ; and when
France became involved in it, the American colonies were more
nearly interested, because of the proximity of the French, and of
the Indians, who were in their interest. War is so natural to
savages, that they need but little to excite them to it. An Indian
war was a necessary appendage of a war with France. The
scene of both was opened in Nova-Scotia.
That province had been alternately claimed and possessed by
the English and French for more than a century. Eversince the
peace of Utrecht, it had been subject to the crown of Britain,
and the French inhabitants who were under a kind of patriarchal
government of their priests, and devoted to the French interest,
were kept in awe, partly by the fear of having their dikes destroy
ed, which they had erected to prevent the sea from overflowing
their fields ; and partly by a British garrison at Annapolis where a
governor and council resided.2 The Indian tribes maintained
their native independence, though they were attached to the
French by religious, as well as interested obligations. Canseau,
an island on the northeastern part of Nova-Scotia, was in possession
of the English. It was resorted to by the fishermen of New-
England. It was defended by a block-house and garrisoned by
a detachment of troops from Annapolis. The island of Cape-
Breton was possessed by the French, and lay between the English
of Canseau and those of Newfoundland. This was too near a
neighborhood for enemies, especially when both were pursuing
one object, the fishery.
The French at Cape-Breton, having received early intelligence
of the declaration of war, immediately resolved on the Mar 15
destruction of the English fishery at Canseau. Duques- ^
nel, the governor, sent Duvivier with a few small armed ay'
vessels, and about nine hundred men, who seized and took pos
session of the island, burned the houses, and made prisoners of
the garrison and inhabitants. This was done, before the news of
(1) MS. letters of Wentworth and Shirley. (2) MS. of Charles Morris.
36

2^6 HISTORY OF NEW-HAMPSHIRE. [1744.
war had arrived in New-England. It was followed by air* attempt
upon Placentia, in Newfoundland, which miscarried. An attack
was also made upon Annapolis,' the garrison of which was rein
forced by several companies of militia and rangers from Massa
chusetts, and the enemy were obliged to retire. The Indians of
Nova-Scotia assisted the French in this attack ; which, with some
other insolencies committed by them, occasioned a declar-
c ' ' ation of war, by the government of Massachusetts, against
them, with a premium for scalps and prisoners.1
These proceedings of the French were rash and precipitate*?
They were not prepared for extensive operations ; nor had they
any orders from their court to undertake them. What they had
done, served to irritate and alarm the neighboring English colo
nies, and shew them their danger in the most conspicuous manner.
Their sea coast, navigation and fishery lay exposed to continual
insults. Their frontier, settlements, on the western side, were
but eighty miles distant from the French fort on Lake Champlain.
The Indians who lay between them, had not yet taken up the
hatchet ; but it was expected that encouragement would be given
them by the governor of Canada, to insult the frontiers. Several
new settlements were wholly broken up ; and many of the women
and children of other frontier places retired to the old towns for
security. In the autumn, Duquesnel the French governor of Cape-Breton,
died, and was succeeded in the command by Duchambon, who
had not so good a military character.2 Duvivier went to France
to solicit a force to carry on the war in Nova-Seotia in the ensuing
spring. The storeships, expected from France at Cape-Breton,
came on the coast so late in the fall ; and the winter there set in
so early and fierce, as to keep them out of port, and drive them
off to the West-Indies. The captive garrison of Canseau, with
other prisoners, who had been taken at sea, and carried inji>
Louisburg, were sent to Boston. From them, as well as from
other informants, Governor Shirley obtained such intelligence ef
the state of that island and fortress, as induced him to form the
project of attacking it. But before we open this romantic and'
hazardous scene, it is necessary to give some account of the place
which was to be the theatre of operations. ...... *-
The island of Cape-Breton, so denominated from one"' of its
capes, lies between the forty-fifth and forty-seventh degrees of
north latitude ; at the distance of fifteen leagues from Cape Ray,
the southwestern extremity of Newfoundland.3 It is separated
from the main land of Nova-Scotia by a narrow strait, six leagues
in length, the navigation of which is safe for a ship of forty guns.
The greatest length of the island, from north-east to south-west
is about fifty leagues and its greatest breadth thirty-three. It is
(1) Douglass, i. 318. (2) Prince and Douglass. (3). Charlevoix.

1744.] PROVINCE. BENNING WENTWORTH. 267
about eighty-eight leagues in circuit as seamen estimate distances.
Its general form is triangular, but it is indented by many deep
bays.1 , The soil of this island is by no means inviting. It is either
rocky and mountainous, or else cold and boggy ; and much less
capable of improvement than Nova-Scotia. Its only valuable
productions are of the fossil kind, pit-coal and plaster. Its at
mosphere in the spring and summer is an almost continual fog,
wfiich prevents the rays of the sun from perfecting vegetation.
Its winter is severe and of long continuance ; and as the island
forms an eddy to the current which sets through the gulf of St.
Lawrence, its harbors are filled with large quantities of floating
ice, with which its shores are invironed till late in the spring.2
i Much has been said by French and English writers on the
great importance and advantage of this island, and some political
and temporary purposes were doubtless to he answered by such
publications ; but in fact the only real importance of Cape-Breton
was derived from its central situation, and the convenience of its
ports. On the north and west sides, it is steep and inaccessible ;
but the 'southeastern side is full of fine bays and harbors, capable
of receiving and securing ships of any burden ; and, being situated
between Canada, France and the West-Indies, it was extremely
favorable to the French commerce. It was not so good a station
for the fishery as several parts of Nova-Scotia and Newfoundland.
The greater part of the French fishery was prosecuted elsewhere ;
and they could buy fish at Canseau, cheaper than they conld
cure it at Cape-Breton.3
Whilst the French held possession of the coasts of Nova-Scotia
and Newfoundland, this island was neglected ; but after they had
ceded these places to the crown of England, and the crown of
England had ceded this island to them by the treaty of Utrecht,
(1713) they began to see its value. Instead of giving so much
attention to the fur trade of Canada, as they had before done,
they contemplated building a fortified town on this island, as a
security to their navigation and fishery. For this purpose, they
chose a fine harbor on the south-east side of the island, formerly
cSlled English Harbor ; where they erected their fortifications,
and called the place Louisburg.4
The harbor of Louisburg lies in latitude 45° 55'. Its entrance
is about four hundred yards wide. The anchorage is uniformly
safe, and ships may run ashore on a soft muddy bottom. The
depth of water at the entrance is from nine to twelve fathoms.
The harbor lies open to the south-east. Upon a neck of land on
the south side of the harbor was built the town, two miles and a
quarter in circumference ; fortified in every accessible part with
(1) MS. of Sir William Pepperell. (2) State of Trade by Otis Little, p. 18,
39. (3) Hutchinson. (4) Charlevoix, Douglass, Rolt, Prince.

268 HISTORY OF NEW-HAMPSHIRE. [1744,
a rampart of stone, from thirty to thirty-six feet high, and a ditch
eighty feet wide. A space of about two hundred yards was left
without a rampart, on the side next to the sea ; it was enclosed
by a simple dike and a line of pickets.1 The sea was so shallow
in this place that it made only a narrow channel, inaccessiblefrom
its numerous reefs to any shipping whatever. The side fire from
the bastions secured this spot from an attack. There were six
bastions and three batteries, containing embrasures for one hun
dred and forty-eight cannon, of which sixty-five only were mount
ed, and sixteen mortars. On an island, at, the entrance of the
harbor, was planted a battery of thirty cannon, carrying twenty-
eight pounds shot ; a»d at the bottom of the harbor, directly op
posite to the entrance, was the grand or royal battery of twenty-
eight cannon, forty-two pounders, and two eighteen pounders,
On a high cliff, opposite to the island battery, stood a light-house ;
and within this point, at the north-east part of the harbor, was a
careening wharf, secure from all winds, and a magazine of naval
stores. The town was regularly laid out in squares. The streets were
broad ; the houses mostly of wood, but some of stone. On the
west side, near the rampart, was a spacious citadel, and a large
parade ; on one side of which were the governor's apartments.
Under the rampart were casements to receive the women and
children during a siege. The entrance of the town on the land
side was at the west gate, over a draw bridge, near to which was
a circular battery, mounting sixteen guns of twenty-four pounds
shot. These works had been twenty-five years in building ; and
though not finished, had cost the crown not less than thirty mill
ions of livres. The place was so strong as to be called 'the
Dunkirk of America.' It was, in peace, a safe ¦ retreat for the
ships of France bound homeward from the East and West-Indies ;
and in war, a source of distress to the northern English colonies ;
its situation being extremely favorable for privateers to ruin their
fishery and interrupt their coasting and foreign trade ; for which
reasons, the reduction of it was an object as desirable to them, as
that of Carthage was to the Romans. >
In the autumn, Shirley wrote to the British ministry, represent
ing the danger of an attack on Nova-Scotia, from the French, in
the ensuing spring ; and praying for some naval assistance.2 These
letters he sent by Captain Ryal, an officer of the garrison, which
had been taken at Canseau, who, ' from his particular knowledge
' of Louisburg, and of the great consequence of the acquisition
' of Cape-Breton, and the preservation of Nova-Scotia, he hop-
' ed would be of considerable service to the northern colonies,
' with the lords of the admiralty.' Thus early did Shirley con-
(1) Abbe Raynal. (2) Nov. 10— Shirley's letters to Wentworth, MS.

1744.] PROVINCE. BENNING WENTWORTH. 269
ceive and communicate to Wentworth his great design ; and the
most prudent step which he took in this whole affair was to solicit
help from England. His petition, supported by that worthy offi
cer, was so favorably received by the ministry, that as early as the
beginning of January, orders were despatched to Commodore
Warren, then in the West-Indies, to proceed to the northward in
the spring, and employ such a force as might be sufficient to pro
tect the northern colonies in their trade and fishery, and distress
the enemy ; and for this purpose to consult with Governor Shir
ley.1 Orders of the same date were written to Shirley, inclosed
to Warren, directing him to assist the king's ships with transports,
men and provisions. These orders, though extremely favorable
to the design, were totally unknown in New-England, till the mid
dle of April following, before which time the expedition was com
pletely formed.
It has been said, that a plan of this famous enterprise, was first
suggested by William Vaughan, a son of Lieutenant Governor
Vaughan of New-Hampshire.2 Several other persons have
claimed tbe like merit. How far each one's information or ad
vice, contributed toward forming the design, cannot now be deter
mined. Vaughan was largely concerned in the fishery on the
eastern coast of Massachusetts. He was a man of good under
standing, but of a daring, enterprising and tenacious mind, and
one who thought of no obstacles to the accomplishment of his
views. An instance of his temerity is still remembered. He had
equipped, at Portsmouth, a number of boats to carry on his fishery
at Montinicus. On the day appointed for sailing, in the month
of March, though the wind was so boisterous that experienced
mariners deemed it impossible for such vessels to carry sail, he
went on board one, and ordered the others to follow. One was
lost at the mouth of the river, the rest arrived with much difficul
ty, but in a short time, at the place of their destination. Vaughan
had not been at Louisburg ; but had learned from fishermen and
others, something of the strength and situation of the place ; and
1 nothing being in his view impracticable, which he had a mind to
accomplish, he conceived a design to take the city by surprise ;
..and even proposed going over the walls in the winter on the drifts
of show. This idea of a surprisal forcibly struck the mind of
Shirley, and prevailed with him to hasten his preparations, before
he could have any answer or orders from England.
In the beginning of January, he requested of the members of
the general court, that they would lay themselves under 1 _, . ,
an oath of secresy, to receive a proposal from him, of very
great importance. This was the first request of the kind which
had ever been made to a legislative body in the colonies. They
(1) MS. copy of the Duke of Newcastle's letter, Jan. 3. (2) Douglass, Bol-
Ian; Hutchinson.

270 HISTORY OF NEW-HAMPSHIRE. [1745.
readily took the oath, and he communicated to them the plan
which he had formed of attacking Louisburg. The secret was
kept for some daysj till an honest member, who performjed the
family devotion^ at his lodgings, inadvertently discovered it by
praying for a blessing on the attempt. , At the first deliberation,
the proposal was rejected; but by the address of the governor
and the invincible perseverance of Vaughan, a petition from the
merchants concerned in the fishery, was brought into court, which
revived the affair ; and it was finally carried in the affirmative by
. 9f. a majority of one voice, in the absence of several members
who were known to be against it. Circular letters were
immediately despatched to all the colonies, as far as Pennsylvania, ..
requesting their assistance, and an embargo on their ports. ¦¦<
„ With one of these letters, Vaughan rode express to Ports
mouth, where the assembly was sitting. Governor Went
worth immediately laid the matter before them, and proposed a
conference of the two houses to be held on the next day. The
house of representatives having caught the enthusiasm of Vaughan,
were impatient of delay, and desired that it might be held imme
diately. It was accordingly held, and the committee reported in
, favor of the expedition ; estimated The expense at four
thousand pounds, and desired the governor to issue a
proclamation for enlisting two hundred and fifty men, at twenty-
five shillings per month, one month's pay to be advanced. They
also recommended that military stores and transports should be
provided, and that such preparations should be made as that the
whole might be ready by the beginning of March.1 All this was
instantly agreed to, on condition that proper methods could be
found to pay the charges. This could be done in no other way
than by a new emission of bills of credit, contrary to the letter of
royal instructions. But, by the help of Shirley, a way was found^
to surmount this difficulty ; for on the same day, he wrote to
Wentworth, informing him that he had, in answer to repeated so
licitations, obtained a relaxation of his instructions relative to bills
of credit, so far, as to have leave to consent to such emissions* as
the exigencies of war might require ; and advising him, that con
sidering the occasion, it was probable, his consenting to an emission
would rather be approved than censured by his superiors.2 ' The
next day, he wrote again, assuring him that he might safely
do it, provided that the sum to be emitted, were solely
appropriated to the service of the expedition. He also sent him
a copy of the instruction, enjoining him to let no person know that
he had sent it. Shirley himself had consented to an emission of
fifty thousand pounds, to be drawn in by a tax in the years 1747
and 1748.
The house of representatives passed a vote for an emission of
(1) Printed Journal of this session. (2) Private MS. letters of Shirley.

17;4o.] PROVINCE. BENNHfG WENTWORTH. 271
ten thousand pounds toward defraying the charge of the expedition
and farther carrying on the war, and the support of government ;
to be drawn in by taxes in ten annual payments, to begin in 1755.
The council objected and said, that the grant should be wholly
appropriated to the expedition and the payments should begin in.
1751. The house adhered to their vote. The governor inter
posed, and an altercation took place, which continued several days.
The governor adjourned the assembly*: till he could again ask
Shirley's advice and receive his answer. At length, the house
altered their vote, and appointed the year 1751 for drawing in the
money ; augmenting the sum to thirteen thousand pounds, and at
the governor's express desire, they publicly assured him, that they
' could not find out any other way to carry on the expedition, or
'in any degree shorten the period for bringing in the money.'
This was done to serve as an apology for the governor's consent
ing to the bill, notwitstanding he had no liberty to recede
from his instructions ; and thus, the matter being compro
mised, he gave his consent.
: During this tedious interval, a report was spread, that the house
had refused to raise men and money for the expedition ; and the
author of the report was sought out and called to account by the
house for his misbehaviour. The next day, they altered their
terms of enlistment, conformably to those offered in Massachusetts,
and by the 17th of February, two hundred and fifty men were
enlisted for the service.
. The person appointed to command the expedition was William
Pepperrell, Esq., of Kittery, colonel of a regiment of militia ; a
merchant 0I" unblemished reputation and engaging manners, ex
tensively known both in Massachusetts and New-Hampshire, and
very popular. These qualities were absolutely necessary in the
commander of an army of volunteers, his own countrymen, who
were to quit their domestic connexions and employments, and en
gage in a hazardous enterprise, which none of them, from the high
est to the lowest, knew how to conduct. Professional skill and
experience were entirely out of the question ; had these qualities
been necessary, the expedition must have been laid aside ; for
there was no person in New-England, in these respects qualified
for the command. Fidelity, resolution and popularity must sup
ply the place of military talents ; and Pepperrell was possessed
of these. It was necessary that the men should know and love
their general, or they would not enlist under him.*
* The following private note was sent from Boston to Pepperrell, whilst at
Louisburg, and found among his papers.
' You was made general, being a popular man, most likely to raise soldiers
* soonest. The expedition was calculated to establish Sh  , and make his
' creature W. governor of Cape-Breton, which is to be a place of refuge to
' him from his creditors. Beware of snakes in the grass, and mark their
' hissing.'

272 HISTORY OF NEW-HAMPSHIRE. [1745.
After this appointment was made, and while it was uncertain
whether the assembly of Massachusetts would agree with the gov
ernor in raising money for the expedition, Shirley proposed to
Wentworth, the raising of men in New-Hampshire, to be in the
pay of Massachusetts, and in the letter which he wrote on that
occasion paid him the following compliment. ' It would have
' been an infinite satisfaction to me, and done great honor to the
' expedition, if your limbs would have permitted you to take the
' chief command.' Wentworth was charmed with the idea, and
forgetting his gout, made an offer of his personal service ; but not
till after the assembly had agreed to his terms and the money bill
was passed. Shirley was then obliged to answer him thus : —
' Upon communicating your offer to two or three gentlemen, in
' whose prudence and judgment I most confide, I found them
' clearly of opinion, that any alteration of the present command
' would be attended with great risk, both with respect to the as-
' sembly and the soldiers being entirely disgusted.'1 .%.
Before Pepperrell accepted the command, he asked the opinion
of the famous George Whitefield, who was then itinerating and
preaching in New-England. Whitefield told him, that he did not
think the scheme very promising ; that the eyes of all would be
on him ; that if it should not succeed, the widews and orphans of
the slain would reproach him ; and if it should succeed, many
would regard him with envy, and endeavor to eclipse his glory;
that he ought therefore to go with ' a single eye,' and then he
would find his strength proportioned to his necessity.2 -- Henry
Sherburne, the commissary of New-Hampshire, another of White-
field's friends, pressed him to favor the expedition and give a
motto for the flag ; to which, after some hestitatibn, he consented.
The motto was, ' Nil desperandum^Christa duce.' This gave
the expedition the air of a crusade, and many of his followers en
listed. One of them, a chaplain, carried on his shoulder a hatchet,
with which he intended to destroy the images in the French
churches. «?„ ¦•*.
There are certain latent sparks in human nature, which, by a
•collision of causes, are sometimes brought to light; and when
once excited, their operations are not easily controled. . In un
dertaking any thing hazardous, there is a necessity for extraordin
ary vigor of mind, and a degree of confidence and fortitude, which
shall raise us above the dread of danger, and dispose us to run a
risk which the cold maxims of prudence would forbid. The
people of New-England have at various times shewn such an en
thusiastic ardor, which has been excited by the example of their
ancestors and their own exposed situation. It was never more
apparent, and perhaps never more necessary, than on occasion of
this expedition. Nor ought it to be forgotten, that several cir-
(1) Shirley's private letters, MS. (2) Whitefield's letters, No. 572.

1745.] PROVINCE. BENNING WENTWORTH. 273
cumstances, which did not depend on human foresight, greatly
favored this undertaking.
The winters in this country are often severe, but the winter in
which this expedition was planned, and particularly the month of
February, was very mild. The harbors and rivers were open,
and the weather was in general so pleasant, that every kind of la
bor could be done abroad. The fruitfulness of the preceding
season had made provisions plenty. The Indians had not yet
molested the frontiers ; and though some of them had heard (hat
an expedition against Cape Breton was in hand, and carried the
news of it to Canada, such an attempt was so improbable, that the
French gave no credit to the report, and those in Nova-Scotia
did not receive the least intelligence of the preparations. Douglass
observes, that ' some guardian angel preserved the troops from
' taking the small pox,' which appeared in Boston about the time
of 'their embarkation, and was actually imported in one of the
ships which was taken into the service. A concurrence of happy
incidents brought together every British ship of war from the ports
of the American continent and islands, till they made a formidable
naval force, consisting of four ships of the line and six frigates,
under the command of an active, judicious and experienced officer.
On the other hand, the garrison of Louisburg was discontented
and mutinous ; they were in want of provisions and stores ; they
had no knowledge of the design formed against them ; their shores
were so environed with ice, that no supplies could arrive early *
from France, and those which came afterward, were intercepted
and taken by our cruisers. In short, ' if any one circumstance
' had taken a wrong turn on our side, and if any one circumstance
' had not taken a wrong turn on the French side, the expedition
' must have miscarried.'1
In the undertaking and prosecuting of an enterprise so novel to
the people of New-England, it is amusing to see how many
projects were invented ; what a variety of advice was given from
all quarters, and what romantic expectations were formed by
advisers and adventurers. During the enlistment, one of the
officers was heard to say with great sobriety, that he intended to
carry with him three shirts, one of which should be ruffled, be
cause he expected that the general would give him the command
of the city, when it should be taken. An ingenious and benevo
lent clergyman, presented to the general a plan for the encamp
ment of the army, the opening of trenches and the placing of
batteries before the city.2 To prevent danger to the troops from
subterraneous mines, he proposed, that two confidential persons,
attended by a guard, should, during the night, approach the walls ;
that one should with a beetle strike the ground, while the other
should lay his ear to it, and observe whether the sound was hollow,
(1) Douglass, i. 336. (2) Private MS. letters.
37

274 HISTORY OF NEW-HAMPSHIRE. [1745.
and that a mark should be set on all places suspected. Another
gentleman of equal ingenuity, sent the general a model of a flying
bridge, to be used in scaling the walls of Louisburg. It was so
light, that twenty men could carry it on their shoulders to the wall,
and raise it in a minute.- The apparatus for raising it consisted
of four blocks, and two hundred fathoms of rope. It was to be
floored with boards, wide enough for eight men to march abreast;
and to prevent danger from the enemy's fire, it might be covered
with raw hides. This bridge, it was said, might be erected against
any part of the wall, even where no breach had been made ; and
it was supposed that a thousand men might pass over it in four
minutes. But the most extraordinary project of all, was Shirley's scheme
for taking the city by surprise, in the first night after the arrival
of the troops, and before any British naval force could possibly
come to their assistance. It is thus delineated in a confidential
letter which he wrote to Wentworth, when he urged him to send
the New-Hampshire troops to Boston, to proceed thence with
the fleet of transports. ' The success of our scheme for sur-
' prising Louisburg will entirely depend on the execution
ar' ' ' of the first night, after the arrival of our forces. For
' this purpose, it is necessary, that the whole fleet should make
' Chappeau-rouge point just at the shutting in of the day, when
' they cannot easily be discovered, and from thence push into the
' bay, so as to have all the men landed before midnight ; (the
' landing of whom, it is computed by captain Durell and Mr. Bas-
' tide, will take up three hours at least.) . After which, the form-
' ing of the four several corps, to be employed in attempting to
' scale the walls of Louisburg, near the east gate, fronting the
' sea, and the west gate, fronting the harbor ; to cover the retreat
' of the two beforementioned parties in case of a repulse ; and,
' to attack the grand battery ; (which attack must be made at the
' same time with the two other attacks) will take up two hours
' more at least. After these four bodies are formed, their march
' to their respective posts from whence they are to make their at-
' tacks and serve as a cover to the retreat, will take up another
' two hours ; which, supposing the transports to arrive in Chap-
' peau-rouge bay at nine o'clock in the evening, and not before,
' as it will be necessary for them to do, in order to land and march
' under cover of the night, will bring them to four in the morning,
' being day break, before they begin the attack, which will be full
' late for them to begin. Your excellency will from hence per-
' ceive how critical an affair, the time of the fleet's arrival in
' Chappeau-rouge bay is, and how necessary it is to the success
' of our principal scheme, that the fleet should arrive there, in a
' body, at that precise hour.'
It is easy to perceive that this plan was contrived by a person

1745.] PROVINCE. BENNING WENTWORTH. 275
totally unskilled in the arts of navigation and of war. The coast of
Cape-Breton was dangerous and inhospitable ; the season of the
year rough and tempestuous, and the air a continual fog ; yet, a
fleet of an hundred vessels, after sailing nearly two hundred
leagues (for by this plan they were not to stop) must make a cer
tain point of land ' at a precise hour,' and enter an unknown bay,
in an evening. The troops were to land in the dark, amidst a vi
olent surf, on a rocky shore ; to march through a thicket and bog
three miles, to the city, and some of them a mile beyond it to the
royal battery. Men who had never been in action, were to per
form services, which the most experienced veteran would think of
with dread ; to pull down pickets with grapling irons, and scale
the walls of a regular fortification, with ladders, which were after
ward found to be too short by ten feet ; all in the space of twelve
hours from their first making the land, and nine hours from their
debarkation. This part of the plan was prudently concealed
from the troops.
The forces which New-Hampshire furnished for this expedi
tion, were three hundred and fifty men, including the crew of an
armed sloop which conveyed the transports and served as a cruiser.
They were formed into a regiment, consisting of eight companies,
and were under the command of colonel Samuel Moore. The
sloop was commanded by captain John Fernald ; her crew con
sisted of thirty men. The regiment, sloop and transports, were,
by governor Wentworth's written instructions to the general, put
under his command. Besides these, a body of one hundred and
fifty men was enlisted in New-Hampshire and aggregated to the
regiment in the pay of Massachusetts. Thus New-Hampshire
employed five hundred men ; about one eighth part of the whole
land force.* In these men, there was such an ardor for action,
and such a dread of delay, that it was impracticable to put them
so far out of their course, as to join the fleet at Boston.1 Shir
ley therefore altered the plan, and appointed a rendezvous M
at Canseau ; where the forces of New-Hampshire arrived,
two days before the general and his other troops from Boston.
The instructions which Pepperrell received from Shirley, were
conformed to the plan which he had communicated to Wentworth,
but much more particular and circumstantial. He was ordered
to proceed to Canseau, there to build a block-house and battery,
(1) Wentworth's letters,IMS.
" In the introductory part of Dr. Ramsay's elegant history of the American
Revolution, (page 34) it is said, that ' this enterprise was undertaken by the
' sole authority of the legislature of Massachusetts.' This is not sufficiently
accurate. It originated in Massachusetts ; but the colonies of New-Hamp
shire, Rhode-Island and Connecticut, by their legislative authority, furnished
troops and stores. New- York senta supply of artillery, and Pennsylvania of
provisions ; but the troops from Rhode-Island, and the provisions from Penn
sylvania, did not arrive till after the surrender of the city.

276 HISTORY OF NEW-HAMPSHIRE. [1745.
and leave two companies in garrison, and to deposite the stores
which might not immediately be wanted by the army. Thence
he was to send a detachment to the village of St. Peters, on the
island of Cape-Breton and destroy it; to prevent any intelligence
which might be carried to Louisburg ; for which purpose also,
the armed vessels were to cruise before the harbor.1 The whole
fleet was to sail from Canseau, so as to arrive in Chappeau-rouge
bay about nine o'clock in the evening. The troops were to land
in four divisions, and proceed to the assault before morning. If
the plan for the surprisal should fail, he had particular directions
where and how to land, march, encamp, attack and defend ; to
hold councils and keep records ; and to send intelligence to Bos
ton by certain vessels retained for the purpose, which vessels were
to stop at Castle William, and there receive the governor's orders.
Several other vessels were appointed to cruise between Canseau
and the camp, to convey orders, transport stores, and catch fish
for the army. To close these instructions, after the most minute
detail of duty, the general was finally ' left to act upon unforeseen
' emergencies according to his discretion ;' which, in the opinion
of military gentlemen, is accounted the most rational part of the
whole. Such was the plan, for the reduction of a regularly con
structed fortress, drawn by a lawyer, to be executed by a mer
chant, at the head of a body of husbandmen and mechanics ;
animated indeed by ardent patriotism, but destitute of profession
al skill and experience. After they had embarked, the hearts of
many began to fail. Some repented that they had voted for the
expedition, or promoted it ; and the most thoughtful were in the
greatest perplexity.2
The troops were detained at Canseau, three weeks, waiting for
the ice which environed the island of Cape-Breton, to be dissolved.
They were all this time within view of St. Peters, but were not
discovered.3 Their provisions became short ; but they were sup
plied by prizes taken by the cruisers. Among others, the New-
Hampshire sloop took a ship from Martinico, and retook one of
the transports, which she had taken the day before. At length,
Apr 23 *? t*leir Sreatjoy> commodore Warren, in the Superbe, of
' sixty guns, with three other ships of forty guns each, ar
rived at Canseau, and having held a consultation, with the general,
proceeded to cruise before Louisburg. The general having sent
the New-Hampshire sloop, to cover a detatchment which destroy-
Apr 29 ed tlie viuaSe of St* Peters> an" scattered the inhabitants,
' sailed with the whole fleet ; but instead of making Chap
peau-rouge point in the evening, the wind falling short, they made
it at the dawn of the next morning ; and their appearance in the
bay, gave the first notice to the French, of a design formed a-
gainst them.3
(1) Original instructions, in MS. (2) Prince's thanksgiving sermon, p. 25.
(3) Pepperrell's letters to Shirley. B ,F

1745.] PROVINCE. BENNING WENTWORTH. 277
The intended surprisal being thus happily frustrated, the
next thing after landing the troops, was to invest the city. —
Vaughan, the adventurer from New-Hampshire, had the rank and
pay of a lieutenant-colonel, but refused to have a regular com
mand. He was appointed one of the council of war, and was
ready for any service which the general might think suited to his
genius. He conducted the first column through the woods, with
in sight of the city, and saluted it with three cheers. He headed
a detatchment, consisting chiefly of the New-Hampshire troops,
and marched to the northeast part of the harbor, in the night ;
where they burned the ware-houses, containing the naval
stores, and staved a large quantity of wine and brandy. ay 1"
The smoke of this fire being driven by the wind into the grand
battery, so terrified the French, that they abandoned it and retired
to the city, after having spiked the guns and cut the halliards of
the flag-staff. The next morning as Vaughan was return-
ing, with thirteen men only, he crept up the hill which ay
overlooked the battery, and observed, that the chimneys of the
barrack were without smoke, and the staff without a flag. With
a bottle of brandy, which he had in his pocket, (though he never
drank spirituous liquors) he hired one of his party, a Cape Cod
Indian, to crawl in at an embrasure and open the gate. He then
wrote to the general, these words, ' May it please your honor, to
' be informed, that by the grace of God, and the courage of thir-
' teen men, I entered the royal battery, about nine o'clock, and
' am waiting for a reinforcement, and a flag.'1 Before either
could arrive, one of the men climbed up the staff, with a red coat
in his teeth, which he fastened by a nail to the top. This piece
of triumphant vanity alarmed the city, and immediately an hun
dred men were despatched in boats to retake the battery. But
Vaughan, with his small party, on the naked beach, and in the
face of a smart fire from the city and the boats, kept them from
landing, till the reinforcement arrived. In every duty of fatigue
or sanguine adventure, he was always ready ; and the New-
Hampshire troops, animated by the same enthusiastic ardor, par
took of all the labors and dangers of the siege. They were em
ployed for fourteen nights successively, in drawing cannon from
the landing place to the camp, through a morass ; and their lieu
tenant-colonel Meserve, being a ship carpenter, constructed sledg
es, on which the cannon were drawn, when it was found that their
wheels were buried in the mire. The men, with straps over their
shoulders, and sinking to their knees in mud, performed labor be
yond the power of oxen ; which labor could be done only in the
night or in a foggy day; the place being within plain view and random
shot of the enemy's walls. They were much disappointed and
chagrined, when they found that these meritorious services were
(1) Original MS.

278 HISTORY OF NEW-HAMPSHIRE. [1745.
not more distinctly acknowledged in the accounts which were sent
to England, and afterwards published.1
In the unfortunate attempt on the island battery by four hun
dred volunteers from different regiments, the New-Hampshire
M .. troops were very active. When it was determined to erect
ay* ' a battery on the light-house cliff ; two companies of them
(Mason's and Fernald's) were employed in that laborious service,
under cover of their armed sloop ; and when a proposal was made
for a general assault by sea ;and land, colonel Moore, who had
been an experienced sea commander, offered to go on board the
Vigilant, with his whole regiment, and lead the attack, if in case
of success he might be confirmed in the command of the ship ;
but when this was denied, most of the men who were fit for duty,
readily went on board the Princess Mary, to act as marines on
that occasion.
It has been said, that ' this siege was carried on in a tumultua-
' ry, random manner, resembling a Cambridge commencement.' 2
The remark is in a great measure true. Though the business of
the council of war was conducted with all the formality of a legis
lative assembly ; though orders were issued by the general, and
returns made by the officers at the several posts ; yet the want
of discipline was too visible in the camp.* Those who were
on the spot, have frequently in my hearing, laughed at the recital
of their own irregularities, and expressed their admiration when
they reflected on the almost miraculous preservation of the army
from destruction. They indeed presented a formidable front to
the enemy ; but the rear was a scene of confusion and frolic.
While some were on duty at the trenches, others were racing,
wrestling, pitching quoits, firing at marks or at birds, or running
after shot from the enemy's guns, for which they received a
bounty, and the shot were sent back to the city. The ground
was so uneven and the people so scattered, that the French could
form no estimate of their numbers ; nor could they learn it from
the prisoners, taken at the island battery, who on their examina
tion, as if by previous agreement, represented the number to be
vastly greater than it was. The garrison of Louisburg had been
so mutinous before the siege, that the officers could not trust the
men to make a sortie, lest they should desert ; had they been
united and acted with vigor, the camp might have been surprised
and many of the people destroyed.
Much has been ascribed, and much is justly due to the activity
and vigilance of Commodore Warren; and the ships under his
(1) Wentworth's letters, MS. (2) Douglass, i. 352.
* [There is in the library of the New-Hampshire Historical Society, a man
uscript volume of about 260 pages, in folio, which contains a record of the
" General Courts Martial and Courts of Inquiry, held in the city of Louis
burg, in the island of Cape-Breton, in the years 1746, 1747 and 1748." It ap
pears to be the original.]

1745.] PROVINCE. BENNING WENTWORTH. 279
command ; much is also due to the vigor and perseverance of
the land forces, and the success was doubtless owing, under God,
to the joint efforts of both. Something of policy, as well as brav
ery, is generally necessary in such undertakings ; and there was
one piece of management, which, though not mentioned by any
historian, yet greatly contributed to the surrender of the city.
The capture of the Vigilant, a French sixty-four gun ship,
commanded by the Marquis de la Maison forte, and richly M lg
laden with military stores for the relief of the garrison,
was one of the most capital exploits performed by the navy.
This ship had been anxiously expected by the French ; and it
was thought that the news of her capture, if properly commu
nicated to them, might produce a good effect ; but how to do it
was the question. At length, the commodore hit on this j ..
expedient, which he proposed to the general, who ap
proved, and put it into execution.1 In a skirmish on the island,
with a party of French and Indians, some English prisoners had
been taken by them and used with cruelty. This circumstance
was made known to the marquis, and he was requested to go on
board of all the ships in the bay where French prisoners were
confined, and observe the condition in which they were kept.
He did so, and was well satisfied with their fare and accommoda
tions. He was then desired to write to the governor of the city,
and inform him how well the French prisoners were treated, and
to request the like favor for the English prisoners. The .
humane marquis readily consented, and the letter was sent
the next day by a flag, intrusted to the care of Captain Mac-
donald. He was carried before the governor and his chief offi
cers; and by pretending not to understand their language, he had
the advantage of listening to their discourse ; by which he found,
that they had not before heard of the capture of the Vigilant,
and that the news of it, under the hand of her late commander,
threw them into visible perturbation. This event, with the erec
tion of a battery on the high cliff at the light house, under the di
rection of lieutenant colonel Gridley, by which the island battery
was much annoyed, and the preparations which were. ,
evidently making for a general assault, determined Du-
chambon to surrender ; and accordingly, in a few days he ca
pitulated. Upon entering the fortress and viewing its strength, and the
plenty and variety of its means of defence, the stoutest hearts
were appalled, and the impracticability of carrying it by assault,
was fully demonstrated.
No sooner was the city taken, and the army under shelter,
than the weather, which during the siege, excepting eight or nine
days after the first landing, had been remarkably dry for that cli-
(1) MS. letters of Warren and Pepperrell.

280 HISTORY OF NEW-HAMPSHIRE. [1745.
mate, changed for the worse ; and, an incessant rain of ten days
succeeded.1 Had this happened before the surrender, the troops
who had then , begun to be sickly, and had none but very thin
tents, must have perished in great numbers. Reinforcements of
men, stores and provisions arrived,* and it was determined in a
council of war to maintain the place and repair the breaches. A
total demolition might have been more advantageous to the nation ;
but in that case, individuals would not have enjoyed the profit of
drawing bills on the navy and ordnance establishments. The
French flag was kept flying on the ramparts ; and several rich
prizes were decoyed into the harbor. The army supposed that
they had a right to a share of these prizes ; but means were found
to suppress or evade their claim ; nor did any of the colony cruis
ers, (except one) though they were retained in the service, under
the direction of the commodore, reap any benefit from the cap
tures. The news of this important victory filled America with joy, and
Europe with astonishment. The enterprising spirit of New-Eng
land gave a serious alarm to those jealous fears, which had long
predicted the independence of the colonies. Great pains were
taken in England to ascribe all the glory to the navy, and lessen
the merit of the army. However, Pepperrell received the title
of a barpnet, as well as Warren. The latter was promoted to be
an admiral ; the former had a commission as colonel in the British
establishment, and was empowered to raise a regiment in America,
to be in the pay of the crown. The same emolument was given
to Shirley, and both he and Wentworth acquired so much repu
tation as to be confirmed in their places. Vaughan went to Eng
land to seek a reward for his services, and'there died of the small
pox.f Solicitations were set on foot for a parliamentary reim
bursement, which, after much difficulty and delay, was obtained ;
and the colonies who had expended their substance were in credit
(1) Pepperrell's letters, MS.
* Of the reinforcements, New-Hampshire sent 115 men. The loss which
the New-Hampshire troops suffered was but eleven, of whom five were kill
ed and six died of sickness. This was before the surrender. More died af
terwards in garrison. Shirley's letter to Wentworth, from Louisburg, Sep
tember 2.
t [He died in London " about the middle of December 1746." (Inter
leaved almanack of Eleazar Russell, Esq.) He was born at Portsmouth, 12
September, 1703, and graduated at Harvard college in 1722. For several
years, he was a merchant in his native town ; but, possessing an enterprising
disposition, accompanied by a few hardy adventurers from the neighboring
towns, he left Portsmouth, emigrated to the eastern country, and formed a
settlement at a place called Damariscotta, about 13 miles below fort Pema-
•quid. He died a disappointed man ; for while the successful commander of
the expedition was soon after knighted and otherwise distinguished, the in
trepid Vaughan remained more than a year in England, in the vain expecta
tion of receiving some compensation from the sovereign whom he had so sig
nally served. See the Collections of Farmer and Moore, ii. 161 — 165. iii. 35,
36.]

1745.] PROVINCE. BENNING WENTWORTH. 281
at the British treasury.*1 The justice and policy of this measure
must appear to every one, who considers, that excepting the sup
pression of a rebellion within the bowels of the kingdom, this
conquest was the only action which could be called a victory, on
the part of the British nation, during the whole French war, and
afforded them the means of purchasing a peace.

CHAPTER XX.
Projected Expedition to Canada. Alarm by the French fleet. State of the
Frontiers. Peace.
Whilst the expedition to Cape-Breton was in hand, the active
mind of Governor Shirley contemplated nothing less than the con
quest of all the French dominions in America ; and he consulted
with Governor Wentworth and Mr. Atkinson on the practicability
of such a design. After Louisburg was taken, he made a visit
thither, and held a consultation with Sir Peter Warren and Sir
William Pepperell ; and from that place wrote pressingly to the
British ministry on the subject.2 His solicitations, enforced by the
brilliant success at Louisburg, and the apparent danger in which
Nova-Scotia and the new conquest were involved, had such an
effect, that in the spring of the following year, a circular - „ . -
letter was sent from the Duke of Newcastle, secretary of April 6*.
state, to all the governors of the American colonies, as far
southward as Virginia ; requiring them to raise as many men as
they could spare, and form them into companies of one hundred ;
to be ready to unite and act according to the orders which they
should afterwards receive.3 The plan was, that a squadron of
ships of war, and a body of land forces, should be sent from Eng
land against Canada ; that the troops raised in New-England
should join the British fleet and army at Louisburg, and proceed
up the river St. Lawrence ; that those of New-York and the
other provinces at the southward, should be collected at Albany,
and march against Crown-Point and Montreal. The manage
ment of this expedition was committed to Sir John St. Clair, in
conjuction with Sir Peter Warren and governor Shirley. St. Clair
did not come to America. Warren and Shirley gave the orders,
while Warren was here ; and afterward commodore Knowles,
who succeeded him, was joined with Shirley ; but as Knowles
was part of the time at Louisburg, most of the concern devolved
on Shirley alone.
(1) Bollan's MS. letters. (2) Shirley's MS. letters. (3) Douglass, i. 315.
* The reimbursement to New-Hampshire was sixteen thousand, three hun
dred and fifty-five pounds sterling. Thomlinson's MS. letter.
38

282 HISTORY OF NEW-HAMPSHIRE. [1746.
Beside the danger of losing Nova-Scotia and Cape-Breton,
there were other reasons for undertaking this expedition. The
Indians, instigated by the governor of Canada, were ravaging the
frontiers, destroying the fields and cattle, burning houses and
mills, killing and carrying away the inhabitants.1 Though scouts
and garrisons were maintained by the governments ; yet to act
altogether on the defensive, was thought to be not only an ineffec
tual, but a disgraceful mode of carrying on the war ; especially after
the success which had attended the arms of the colonists in their
attempt against Louisburg. The continuance of such a mode of
defence, would neither dispirit the enemy, nor secure the frontiers
from their depredations.
The design was pleasing, and the colonies readily furnished
their quotas of men. In New-Hampshire the same difficulty
occurred as on occasion of the Louisburg expedition. The
governor had no authority to consent to the emission of bills
of credit, but Shirley removed that obstacle, by suggesting to
him, that as the ministry did not disapprove what he had done
before, so there was no reason to fear it now ; and that the im
portance of the service, and the necessity of the case, would jus
tify his conduct. The demand at first, was for levy money and
victualing. The arms and pay of the troops were to be furnish
ed by the crown ; but it was afterward found necessary that the
several governments should provide clothing, transports and stores,
and depend on a reimbursement from the British parliament.2
The assembly was immediately convened, and voted an en-
T couragement for enlisting a thousand men, or more, if they
' could be raised ; with a bounty of thirty pounds currency,
and a blanket to each man, besides keeping two armed vessels in
pay. Colonel Atkinson was appointed to the command of the
troops.3 Eight hundred men were inlisted and ready for embark
ation by the beginning of July. Transports and provisions were
prepared, and the men waited, impatiently, all summer for em
ployment. Neither the general nor any orders arrived from Eng
land ; the fleet, which was said to be destined for the expedition,
sailed seven times from Spithead, and as often returned. Two
regiments, only, were sent from Gibraltar, to Louisburg, to relieve
the New-England men, who had garrisoned it since the conquest.
It is much easier to write the history of an active campaign, than
to trace the causes of inaction and disappointment ; and it is in
vain to supply the place of facts by conjecture.*
In this time of suspense, Sir Peter Warren, and Sir William
Pepperell, having arrived at Boston, from Louisburg, Shirley had
(1) Shirley's speech, June 28. (2) Shirley's MS. letters. (3) Atkinson's
MS. letters.
* ' The last war was ruinous in the expense, and unsuccessful in the end,
' for want of consideration, and a reasonable plan at the beginning.' Dod-
dington's Diary, May 27, 1775, page 330.

1746.] PROVINCE. BENNING WENTWORTH. 283
an opportunity of consulting them, and such other gentlemen as
he thought proper, on the affair of the Canada expedition. The
season was so far advanced, that a fleet could hardly be expected
from England ; or if it should arrive, it would be too late to at
tempt the navigation of the river St. Lawrence. But, as a suffi
cient body of the troops might be assembled at Albany, it was
judged prudent to employ them in an attempt against the French
fort at Crown-Point.1 At the same time, Clinton, governor of
New- York, solicited and obtained the friendly assistance of the Six
Nations of Indians, on the borders of his province., It was thought,
that if this attempt should be made, the alliance with these In
dians would be strengthened and secured ; and the frontiers
would be relieved from the horrors of desolation and captivity,
to which they were continually exposed. In pursuance of this
plan, the forces of New-Hampshire were ordered to hold them
selves in readiness, to march to Albany ; but, it being discovered
that the small-pox was there, the rendezvous was appointed at
Saratoga and the adjacent villages.2
No sooner was this plan resolved on, and preparations made to
carry it into execution, than accounts were received of danger
which threatened Annapolis, from a body of French and Indians
at Minas, and the probable revolt of the Acadians. It was thought
that Nova-Scotia would be lost, if some powerful succor were
not sent thither.3 Orders were accordingly issued, for the troops
of Massachusetts, Rhode-Island and New-Hampshire, to embark
for that place, and ' drive the enemy out of Nova-Scotia.' But,
within a few days more, the whole country was alarmed, and g _.
thrown into the utmost consternation, by reports of the arrival
of a large fleet and army from France, at Nova-Scotia, under the
command of the Duke D'Anville. It was supposed that their ob
ject was to recover Louisburg ; to take Annapolis ; to break up
the settlements on the eastern coast of Massachusetts ; and to
distress, if not attempt the conquest of the whole country of New-
England. On this occasion, the troops destined for Canada found
sufficient employment at home, and the militia was collected to
join them ; the old forts on the sea coast were repaired, and new
ones were erected. A new battery, consisting of sixteen guns,
of thirty-two and twenty -four pounds shot, was added to fort Will
iam and Mary, at the entrance of Pascataqua harbor ; and an
other, of nine thirty-two pounders, was placed at the point of
Little-Harbor. These works were supposed to be sufficient to
prevent a surprisal. Military guards were appointed ; and in this
state of fear and anxiety, the people were kept for six weeks,
when some prisoners, who had been released by the
French, brought the most affecting accounts of the dis-
(1) Shirley's and Warren's MS. letters, Aug. 25. (2) MS. letter of Secre
tary Willard, Sept. 1. (3) Shirley's*and Warren's MS. letters, Sept. 12.

284 HISTORY OF NEW-HAMPSHIRE. [1746.
tress and confusion on board the fleet. It was expected, by the
people in New-England, that an English fleet would have follow
ed them to America. This expectation was grounded on some
letters from England, which Shirley had received and which he
forwarded by express to admiral Townsend, at Louisburg. The
letters were intercepted by a French cruiser, and carried into
Chebucto, where the fleet lay. They were opened in a council
of war, and caused a division among the officers ; which, added
to the sickly condition of the men, and the damage which the
fleet had sustained by storms, and their loss by shipwrecks,
dejected their commander to that degree, that he put an end to
his life by poison ; and the second in command fell on his sword.
These melancholy events disconcerted their first plan. They
then resolved to make an attempt on Annapolis ; but when they
had sailed from Chebucto, they were overtaken by a violent tem- ,
pest, off Cape Sable ; and those ships which escaped destruction,
returned singly to France. Never was the hand of divine Prov
idence more visible, than on this occasion. Never was a disap
pointment more severe, on the side of the enemy ; nor a deliv
erance more complete, without human help, in favor of this coun
try.* Nova-Scotia was not out of danger. The French and Indians,
who, during the stay of the fleet at Chebucto, had appeared be
fore Annapolis, but on their departure retired, were still in the
peninsula ; and it Was thought necessary to dislodge them. For
this purpose, Shirley sent a body of the Massachusetts forces, and
„ 1f) pressed the governors of Rhode-Island and New-Hamp-
' shire to send part of theirs. Those from Rhode-Island,
and one transport from Boston, were wrecked on the passage.
The armed vessels of New-Hampshire, with two hundred men,
went to Annapolis ; but the commander of one of them, instead
of landing his men, sailed across the bay of Fundy, into St. John's
river ; where, meeting with a French snow, and mistaking her for
one of the Rhode-Island transports, he imprudently sent his boat
with eight men on board, who were made prisoners, and the snow
escaped. The sloop, instead of returning to Annapolis, came back
to Portsmouth.1 These misfortunes and disappointments had very
. _ .„ serious ill consequences. The Massachusetts forces, who
Jan. 31 were at Nova-Scotia, being inferior in number to the French,
and deceived by false intelligence, were surprised in the
midst of a snow storm at Minas ; and after an obstinate resistance,
were obliged to capitulate. Their commander, Col. Arthur Noble,
(1) Dec. 13— Shirley's MS. letters, and affidavits of the crew.
* [1746. The towns of Dunstable, Merrimack, Hollis, Nottingham-West,
(whose name was altered to Hudson at the session of the legislature in June,
1830,) and Pelham were incorporated by the province of New-Hampshire.—
MS. volume of charters in Secretary's office.]

1747.] PROVINCE. BENNING WENTWORTH. 285
and about sixty men, were killed, and fifty were wounded.1 The
enemy being provided with snow-shoes, made forced marches ;
and ours being destitute of them were unable to escape.
When the alarm occasioned by the French fleet had subsided,
Atkinson's regiment marched into the country to cover the lower
part of the frontiers, and encamped near the shore of Winnipise-
ogee lake ; where they passed the winter and built a slight fort.
They were plentifully supplied with provisions, and had but little
exercise or discipline. Courts martial were not instituted, nor
offences punished. The officers and men were tired of the ser
vice ; but were not permitted to enter on any other business, lest
orders should arrive from England. Some were employed in
scouting ; some in hunting or fishing, and some deserted.2
Shirley was so intent on attacking Crown-Point, that he even
proposed to inarch thither in the winter, and had the address to
draw the assembly of Massachusetts into an approbation of this
project. He enlarged his plan, by proposing that the New-
Hampshire troops should at the same time go, by the way of
Connecticut river, to the Indian village of St. Frances, at the dis
tance of two hundred miles and destroy it ; while the troops from
Massachusetts, Connecticut and New- York, should go by the way
of the lakes to Crown-Point.3 The governor of New-York
would have consented to this wild projection, on account of the
Indian allies, who were impatient for war ; but it was happily
frustrated, by the prudence of the Connecticut assembly ; who
deemed the winter an improper season for so great an undertak
ing, and deferred their assistance till the ensuing spring.4 At the
same time, the small pox prevailed in the settlements above Al
bany, through which the forces must have marched ; and that
distemper was then an object of much greater dread, than the
storms of winter, or the face of an enemy.
To finish what relates to the Canada forces, it can only be
said, that excepting some who were employed on the frontiers,
they were kept in a state of military indolence, till the _ „
autumn of the ensuing year; when by order, from the
Duke of Newcastle they were disbanded, and paid at the same
rate as the king's troops. The governors drew bills on the Brit
ish treasury ; which were negotiated among the merchants at sev
en and eight hundred per cent, and the parliament granted money,
to reimburse the charges of the equipment and subsistence of
these forces.5
The state of the frontiers now demands our attention. By the
extension of the boundaries of the province, several settle- - _ . _
ments which had been made by the people of Massachu
setts, and under the authority of grants from their general court,
(1) Boston Evening Post. (2) Atkikson's MS. letters. (3) Shirley's MS.
letters. (4) MS. copy of Conn. Resolves — Jan. 28. (5) Bollan's MS. letters.

286 HISTORY OF NEW-HAMPSHIRE. [1745.
had fallen within New-Hampshire. In one of thein stood Fort
Dummer, on the west side of Connecticut river, and within the
lately extended line of New-Hampshire. This fort had been
erected and maintained, at the expense of Massachusetts ; but
when it was found to be within New-Hampshire, the governor was
instructed by the crown to recommend to the assembly, the future
maintenance of it. In the same assembly, which had so zealously
enteredupon the expedition against Cape-Breton, this matter was
introduced ; but a considerable majority of the lower house de
clined making any grant for this purpose, and adduced the follow
ing reasons, viz.1 That the fort was fifty miles distant from any
towns which had been settled by the government or people of New-
Hampshire ; that the people had no right to the lands which, by the
dividing line, had fallen within New-Hampshire ; notwithstanding
the plausible arguments which had been used to induce them to
bear the expense of the line ; namely, that the land would be given
to them or else would be sold to pay that expense ; that the charge
of maintaining that fort, at so great a distance, and to which there
was no communication by roads, would exceed what had been
the whole expense of government before the line was established ;
that the great load of debt contracted on that account, and the
yearly support of government, with the unavoidable expenses of
the war, were as much as the people could bear ; that if they
should take upon them to maintain this fort, there was another
much better and more convenient fort at a place called Number-
Four, besides several other settlements, which they should also be
obliged to defend ; and finally that there was no danger that these
forts would want support, since it was the interest of Massachu
setts, by whom they were erected, to maintain them as a cover to
their frontier.
When these reasons were given, the governor dissolved the as
sembly and called another, to whom he recommended the same
. _ measure in the most pressing terms ; telling them, ' that it
' was of the last consequence to the present and future
' prosperity of the government ; that their refusal would lessen
' them in the esteem of the king and his ministers, and strip the
s children yet unborn of their natural right ; and deprive their
' brethren who were then hazarding their lives before the walls
' of Louisburg of their just expectations, which were to sit down
' on that valuable part of the province.' But his eloquence had
no effect. They thought it unjust to burden their constituents
with an expense which could yield them no profit, and afford
them no protection.
When it was determined, that New-Hampshire would make no
provision for Fort-Dummer, the assembly of Massachusetts con
tinued its usual support, and also provided for the other posts on
(1) Printed Journal, May 3.

1745.]

PROVINCE. BENNING WENTWORTH.

287

Connecticut river and its branches, which were within the limits of
New-Hampshire. They afterwards petitioned the king, to de
duct that charge out of the reimbursement, which the parliament
had granted to New-Hampshire, for the Canada expedition ; but
in this, they were defeated, by the vigilance and address of Thom
linson, the agent of New-Hampshire.
Most of the frontier towns of New-Hampshire, at that time,
were distinguished by no other than by Indian or temporary-names.
It may be convenient to compare them with their present names.
On Connecticut river, and iis eastern branches, were

Number-Four,
Great-Meadow Great-Fall,
Fort-Dummer, {
Upper-Ashuelot Si
Lower-Ashuelot, J

which
are now
called

'Charlestown, Westmoreland,Walpole, Hinsdale,
Keene and
^Swanzey.

On Merrimack river and its branches, were

Penacook Suncook,
Contoocook, New-Hopkinton, j
Souhegan-East and I
Souhegan-West, J

which
are now
called

'Concord, Pembroke,Boscawen, Hopkinton,
Merrimack and
Amherst.

On the Pascataqua river, and its branches, were the townships of
Nottingham,* Barrington and Rochester.
Besides the forts which were maintained at the public expense,
there were private houses enclosed with ramparts, or palisades of
timber ; to which the people who remained on the frontiers retired ;
these private garrisoned houses were distinguished by the names
of the owners. The danger to which these distressed people
were constantly exposed, did not permit them to cultivate their
lands to any advantage. They were frequently alarmed when
at labor in their fields, and obliged either to repel an attack, or
make a retreat. Their crops were often injured, and sometimes
destroyed, either by their cattle getting into the fields where the
enemy had broken the fences, or because they were afraid to ven
ture out, to collect and secure the harvest. Their cattle and
horses were frequently killed by the enemy ; who cut the flesh
from the bones, and took out the tongues, which they preserved
for food, by drying in smoke. Sometimes they were afraid even
to milk their cows ; though they kept them in pastures as near as
possible to the forts. When they went abroad, they were always
armed ; but frequently they were shut up for weeks together in a
state of inactivity.
* [Nottingham was settled about the year 1727, by Capt. Joseph Cilley and
others. Rev. Stephen Emery, the first minister, was ordained in 1742; dis
missed about 1749. The population in 1767, was 703.]

2S8 HISTORY OF NEW-HAMPSHIRE. [1745.
The history of a war on the frontiers can be little else than a
recital of the exploits, the sufferings, the escapes and deliverances
of individuals, of single families or small parties. The first
uy°' appearance of the enemy on the western frontier was at the
Great-Meadow, sixteen miles above Fort-Dumrner. Two Indians
took William Phips, as he was hoeing his corn. When they had
carried him half a mile, one of them went down a steep hill to
fetch something which had been left. In his absence, Phips, with
his own hoe, knocked down the Indian who was with him ; then
seizing his gun, shot the other as he ascended the hill.1 Unfor
tunately, meeting with three others of the same party, they
uy ' killed him. The Indian whom be knocked down died of
his wound. The same week they killed Josiah Fisher of Upper-
Ashuelot. No other damage was done for three months ; when a party of
twelve Indians approached the fort at Great-Meadow, and
' took Nehemiah How, who was at a little distance from the
fort, cutting wood. The fort was alarmed, and one Indian was
killed by a shot from the rampart ; but no attempt was made to
rescue the prisoner. As they were leading him away, by the side
of the river, they espied a canoe coming down, with two men, at
whom they fired, and killed David Rugg ; but Robert Baker got
to the opposite shore and escaped. Proceeding farther, they met
three other men, who, by skulking under the bank, got safe to the
fort. One of them was Caleb How, the prisoner's son. When
they came opposite to Number-Four, they made their captive
write his name on a piece of bark, and left it there. Having
travelled seven days westward, they came to a lake, where they
found five canoes, with corn, pork and tobacco. In these canoes
they embarked ; and having stuck the scalp of David Rugg on a
pole, proceeded to the fort at Crown-Point ; where How received
humane treatment from the French. He was then carried down
to Quebec, where he died in prison.2 He was a useful man,
greatly lamented by his friends and fellow captives.
The next spring, a party of Indians appeared at Number-Four,
j„.g where they took John Spafford, Isaac Parker and Stephen
Farnsworth, as they were driving a team.3 Their catde
were found dead, with their tongues cut out. The men were
carried to Canada, and, after some time, returned to Boston, in a
flag of truce.
Within a few days, a large party, consisting of fifty, laid a plan
to surprise the fort at Upper-Ashuelot. They hid themselves in
.a swamp, in the evening ; intending to wait till the men
' had gone out to their work; in the morning, and then rush
in. Ephraim Dorman, who was abroad very early, discovered
(1) Doolittle's Memoirs, pi 2. (2) How's Narrative. (3) April 19— Doo-
little's Memoirs.

1746.] PROVINCE. BENNING WENTWORTH. 289
them and gave the alarm. He bravely defended himself against
two Indians, and stripped one of his blanket and gun, vvhich he
carried into the fort. John Bullard, and the wife of Daniel Mc-
Kenny were killed. Nathan Blake was taken and carried to
Canada, where he remained two years. They burned several
houses and barns ; and from the human bones found among the
ashes, it was thought that some of the enemy fell and were con
cealed in the flames.1
About the same time^ a party came down to New-Hopkinton,
where they entered a garrisoned house, and found the people
asleep ; the door having been left open by one who had
risen early and gone out to hunt. Eight persons were pr' '
thus taken ; Samuel Burbank and his two sons, David Woodwell,
his wife, two sons, and a daughter. Burbank and the wife of
Woodwell, died in captivity. Woodwell and three of the chil
dren returned in a flag of truce to Boston.2 *
The enemy were scattered in small parties, on all the frontiers.
At Number-Four, some women went out to milk their cows, with
major Josiah Willardf and several soldiers, for their guard :
eight Indians who were concealed in a barn, fired on them, ay
and killed Seth Putnam ; as they were scalping him, Willard and
two more fired on them, and mortally wounded two, whom their
companions carried off.3
At Contoocook, five white men and a negro were fired at. —
Elisha Cook and the negro were killed. Thomas Jones was
taken and died in Canada.4
At Lower-Ashuelot, they took Timothy Brown and Robert Mof
fat, who were carried to Canada and returned. At the
same time, a party lay about the fort at Upper-Ashuelot. ay
As one of them knocked at the gate in the night, the sentinel fired
through the. gate and gave him a mortal wound.5
(1) Doolittle's Memoirs, and Sumner's MS. letter. (2) How's Narrative,
and Norton's Narrative. Boston Post Boy. [Collections of Farmer and
Moore for 1822, vol. i. 284—287.] (3) Doolittle's Narrative. (4) May 4—
Norton's and How's Narratives. [Price, Hist. Boscawen, 112.] (5) Doolit
tle's Narrative.
* [The names of those captured were Samuel Burbank, his sons Caleb and
Jonathan, David Woodwell, his wife, and sons Benjamin and Thomas, and
daughter Mary. Jonathan Burbank, after his redemption, became an Officer,
and was killed by the Indians in the French war, being supposed by them to
have been Major Rogers, their avowed enemy. Mary Woodwell, after a de
tention of six months among the French at Montreal, returned to Albany, and
soon after, to Hopkinton, Mass. her native place. She was twice married,
and died a widow, among the Shakers at Canterbury, N. H. in October, 1829,
in the 100th year of her age.]
t [Of Fort-Dummer, afterwards Colonel Willard. He was probably the
same who was one of the first settlers of Winchester, and one to whom the
charter of that town was granted in 1753. He was son or grandson of Capt.
Simon Willard of Salem, whose father was the Simon Willard, mentioned
page 56.] 39

290 HISTORY OF NEW -HAMPSHIRE. [1746.
The danger thus increasing, a reinforcement was sent by the
M g. Massachusetts assembly, to these distressed towns. Cap-
ay ' tain Paine, with a troop, came to Number-Four ; and about
twenty of his men, going to view the place where Putnam was
killed, fell into an ambush. The enemy rose and fired, and then
endeavored to cut off their retreat. Captain Phinehas Stevens,
with a party, rushed out to their relief. A skirmish ensued ; in
which, five men were killed on each side, and one of ours was
taken.* The Indians left some of their guns and blankets be
hind. In about a month after this, another engagement happened at
the same place. As Captain Stevens and Captain Brown were
, lg going into the meadow, to look for their horses, the dogs
discovered an ambush, which put the men into a posture
for action, and gave them the advantage of the first fire.1 After a
sharp encounter, the enemy were driven into a swamp, drawing
away several of their dead. In this action, one man only was
lost. Several blankets, hatchets, spears, guns and other things,
were left on the ground, which were sold for forty pounds old
tenor. This was reckoned ' a great booty from such beggarly
' enemies.' At Bridgman's fort, near Fort-Dummer, William Robbins and
James Baker were killed in a meadow. Daniel How
'and John Beaman were taken. How killed one of the
Indians before he was taken.
When the people wanted bread, they were obliged to go to
the mills, with a guard ; every place being full of danger. A
. , „ party who went to Hinsdale's mill, with Colonel Willard
at their head, in searching round the mill, discovered an
ambush. The enemy were put to flight with the loss of their
packs. At Number-Four, one Phillips was killed ; and as some' of the
people were bringing him into the fort, they were fired upon ; but
Auo- 3 none were hurt. Having burned some buildings, and
killed some cattle, the enemy went and ambushed the
g' " road near Winchester, where they killed Joseph Rawson.
Whilst the upper settlements were thus suffering, the lower
towns did not escape. A party of Indians came down to Roch-
. o- ester, within twenty miles of Portsmouth. Five men
' were at work in a field, having their arms at hand. The
Indians concealed themselves. One of them fired, with a view
to induce the men to discharge their pieces, which they did. The
enemy then rushed upon them before they could load again.
They retreated to a small deserted house and fastened the door.
(1) Doolittle's Narrative. Boston Evening Post.
* [The names of the English killed were Samuel Farnsworth, Joseph Al
len, Peter Perrin, Aaron Lyon and Joseph Massey.]

1746.] PROVINCE. BENNING WENTWORTH. 291
The Indians tore off the roof, and with their guns and tomahawks
despatched Joseph Heard, Joseph Richards, John Wentworth and
Gershom Downs. They wounded and took John Richards ; and
then crossing over to another road, came upon some men who
were at work in a field, all of whom escaped ; but they took Jon
athan Door, a boy, as he was sitting on a fence. Richards was
kindly used, his wounds were healed, and after eighteen months,
he was sent to Boston in a flag of truce. Door lived widi the In
dians and acquired their manners and habits ; but, after the con
quest of Canada, returned to his native place.1
Soon after this, another man was killed at Rochester.* Two
men were surprised and taken at Contoocook ; and a large
party of Indians lay in ambush at Penacook, with an in- ug'
tention to attack the people, while assembled for public worship ;
but seeing them go armed to their devotions, they waited till the
next morning, when they killed five and took two.f
In these irritating skirmishes, the summer was spent ; till a large
body of French and Indians attacked Fort Massachusetts,
at Hoosuck.2 This fort was lost for want of ammunition ug'
to defend it. After this success, the enemy remained quiet during
the rest of the summer.
The prospect of an expedition to Canada had induced many of
the soldiers who were posted on the frontiers to enlist into the
regiments, because they preferred active service to the dull
routine of a garrison. The defence of the western posts was not
only hazardous, but ineffectual ; and some persons in the north
western part of Massachusetts thought it inexpedient, to be at the
(1) Haven's MS. letter. (2) Norton's Narrative.
* [This man was Moses Roberts. He was not killed by the Indians as might
be inferred in the text. He had been stationed as a sentinel, and having be
come alarmed, retreated from his post into the woods, when another sentinel,
hearing a noise in the bushes, and seeing them wave, supposed the Indians
were approaching, fired his gun and shot Roberts, who died the next morning,
blaming himself and justifying the man who shot him. MS. Communication
from Rev. Thomas C. Upham.]
f [These men were killed and captured on the road leading from Concord
to Hopkinton, within about a mile of the seat of Judge Green. There is a
full account of the massacre in Moore's Annals of Concord, 23 — 25, and in
the Coll. of the N. H. Hist. Soc. i. 171—173. There has been lately erected
near the scene of destruction by a descendant of one of the victims of Indian
cruelty, a durable monument, on which is the following inscription : " This
Monumeritis erected in Memory of Samuel Bradley, Jonathan Bradley,
Oeadiah Peters, John Bean and John Lufkin, who were massacred
August 11th, 1746, by the Indians near this spot. Erected by Richard
Bradley, son of the late Hon. John Bradley and grandson of Samuel Bradley."
The names of those who were taken were Alexander Roberts and William
Stickney. Roberts returned from captivity, but Stickney was drowned when
he was within about one day's journey of the white settlements. The loss
sustained by the Indians was four killed and several wounded, and two of
them mortally. On the 10 November following, the Indians killed a Mr.
Estabrook on the road between the principal settlement and the place of the
ibrmer massacre.]

292 HISTORY OF NEW-HAMPSHIRE. [1746.
charge of defending a territory, which was out of their jurisdiction.
Their petitions prevailed with the assembly, to withdraw
0T m ' their troops from the western parts of New-Hampshire.
The inhabitants were then obliged to quit their estates. They
deposited in the earth, such furniture and utensils as could be
saved by that means ; they carried off on horseback such as were
portable ; and the remainder, with their buildings, was left as a
prey to the enemy, who came and destroyed or carried away what
they pleased. Four families, who remained in Shattack's fort,
(Hinsdale) defended it against a party of Indians, who attempted
to burn it.1 Six men only were left in the fort at Number-Four,
who, in the following winter deserted it ; and it was wholly desti
tute for two months. In this time, some gentlemen, who under
stood the true interest of the country, prevailed on the assembly
of Massachusetts, to resume the protection of those deserted
places ; and to employ a sufficiency of men, not only to garrison
them, but to range the woods and watch the motions of the
enemy. In the latter end of March, Captain Phinehas Stevens, who
commanded a ranging company of thirty men, came to Number-
.-._. Four; and finding the fort entire, determined to keep
possession of it. He had not been there many days, when
pn ' he was attacked by a very large party of French and In
dians, commanded by M. Debeline. The dogs, by their bark
ing, discovered that the enemy were near ; which caused the gate
to be kept shut, beyond the usual time. One man went out to
make discovery and was fired on ; but returned with a slight
wound only. The enemy, finding that they were discovered,
arose from their concealment and fired at the fort on all sides.
The wind being high, they set fire to the fences and log-houses,
till the fort was surrounded by flames. Capt. Stevens took the
most prudent measures for his security ; keeping every vessel
full of water and digging trenches under the walls in several plac
es ; so that a man might creep through, and extinguish any fire,
which might catch on the outside of the walls. The fire of the
fences did not reach the fort ; nor did the flaming arrows which
they incessantly shot against it take effect. " Having continued
this mode of attack for two days, accompanied with hideous
shouts and yells ; they prepared a wheel carriage, loaded with
dry fagots, to be pushed before them, that they might set fire to
the fort. Before they proceeded to this operation, they demand
ed a cessation of arms till the sun-rising, which was granted. In
the morning, Debeline came up with fifty men, and a flag of
truce, which he stuck in the ground. He demanded a parley,
which was agreed to. A French officer, with a soldier and an
Indian, then advanced ; and proposed that the garrison should
(1) Sumner's and Olcott's MS. letters.

1747.] PROVINCE. BENNING WENTWORTH. 293
bind up a quantity of provisions with their blankets, and having
laid down their arms should be conducted prisoners to Montreal. l
Another proposal was that the two commanders should meet, and
that an answer should then be given. Stevens met the French
commander, who, without waiting for an answer, began to enforce
his proposal, by threatening to storm the fort, and put every man
to death, if they should refuse his terms, and kill one of his men.
Stevens answered, that he could hearken to no terms till the last
extremity ; that he was intrusted with the defence of the fort, and
was determined to maintain it, till he should be convinced that
the Frenchman could perform what he had threatened. He add
ed, that it was poor encouragement to surrender, if they were all
to be put to the sword for killing one man, when it was probable
they had already killed more. The Frenchman replied, ' Go and
' see if your men dare to fight any longer, and give me a quick
' answer.' Stevens returned and asked his men, whether they
would fight or surrender. They unanimously determined to fight.
This was immediately made known to the enemy, who renew
ed their shouting and firing all that day and night. On the morn
ing of the third day, they requested another cessation for two
hours. Two Indians came with a flag, and proposed, that if
Stevens would sell them provisions they would withdraw. He
answered, that to sell them provisions for money was contrary to
the law of nations ; but that he would pay them five bushels of
corn for every captive, for whom they would give a hostage, tilL
the captive could be brought from Canada. After this answer, a
few guns were fired, and the enemy were seen no more.2
In this furious attack from a starving enemy, no lives were lost
in the fort, and two men only were wounded. No men could
have behaved with more intrepidity in the midst of such threaten
ing danger. An express was immediately despatched to Boston,,
and the news was received there with great joy. Commodore
Sir Charles Knowles was so highly pleased with the conduct of
Captain Stevens, that he presented him with a valuable and ele
gant sword, as a reward for his bravery. From this circum
stance, the township when it was incorporated, took the name of
Charlestown.* Small parties of the enemy kept hovering, and sometimes dis
covered themselves. Sergeant Phelps killed one, near the fort,
and escaped unhurt, though fired upon and pursued by two
others. Other parties went farther down the country ; and at Roches
ter, they ambushed a company who were at work in a field. The
(1) Stevens's letter, in Boston Evening Post, April 27. (2) [Ibid.]
* [Commodore Knowles was afterwards an admiral in the British Navy,
and in 1770, being invited by the empress of Russia, went into her service.—
Hutchinson, ii. 390.]

294 HISTORY OF NEW-HAMPSHIRE. [1747.
ambush was discovered by three lads, John and George Place,
and Paul Jennens. The Indians fired upon them. John Place
returned the fire and wounded an Indian. Jennens presented
his gun but did not fire ; this prevented the enemy from rushing
upon them, till the men from the field came to their relief and
put the Indians to flight.1
At Penacook, a party of the enemy discovered themselves by
firing at some cattle. They were pursued by fifty men ; and re
treated with such precipitation, as to leave their packs and blank
ets, with other things behind. One man had his arm broken in
this conflict.2 About the same time, a man was killed there,f
who had just returned from Cape-Breton, after an absence of
two years. Another was killed at Suncook ; and at Nottingham,
Robert Beard, John Folsom and Elizabeth Simpson, suffered the
same fate.3
In the autumn, Major Willard and Captain Alexander, wound
ed and took a Frenchman near Winchester, who was conducted
to Boston and returned to Canada. Soon after, the enemy burn
ed Bridgman's fort ; (Hinsdale) and killed several persons, and
took others from that place, and from Number-Four, in the ensu
ing winter. No pursuit could be made, because the garrison was
not provided with snow-shoes, though many hundreds had been
paid for by the government.
The next spring, Captain Stevens was again appointed to com
mand at Number-Four, with a garrison of an hundred men ; Cap-
, _. . q tain Humphrey Hobbs being second in command.4 A
scouting party of eighteen, was sent out under Captain
ay ' Eleazer Melvin. They discovered two canoes in Lake
Champlain, at which they fired. The fort at Crown-Point was
alarmed, and a party came out to intercept them. Melvin cross
ed their track, and came back to West River ; where, as his
men were diverting themselves by shooting salmon, the Indians
suddenly came upon them and killed six.6 The others came in at
different times to Fort-Dummer.
On a Sabbath morning, at Rochester, the wife of Jonathan
Hodgdon was taken by the Indians, as she was going to milk her
cows. She called aloud to her husband. The Indians
ay ' would have kept her quiet, but as she persisted in calling,
they killed her, apparently contrary to their intentions. Her hus
band heard her cries, and came to her assistance, at the instant
of her death. His gun missed fire, and he escaped. The alarm,
occasioned by this action, prevented greater mischief.6
' (1) June 7— Haven's MS. letters. (2) July 28— Boston Evening Post.—
(3) Upham's MS. letter. (4) Olcott'sMS. letter. (5) Doolittle's Narrative.
(6) Haven's MS. letter.
t [Perhaps a Mr. Estabrook, who was killed at Penacook, on the 10 Nov
ember, that year. Moore, Annals of Concord, 25.]

1748.] PROVINCE. BENNING WENTWORTH. 295
The next month, they killed three men belonging to Hinsdale's
fort, Nathan French, Joseph Richardson and John Frost. Sev
en were taken ; one of whom, William Bickford, died of his
wounds. Captain Hobbs, and forty men, being on a scout
near West River, were surprised by a party of Indians, une '
with whom they had a smart encounter, of three hours continu
ance. Hobbs left the ground, having had three men killed
and four wounded. The same party of the enemy killed two uy
men and took nine, between Fort Hinsdale and Fort-Dumrner.
The cessation of arms between the belligerent powers did not
wholly put a stop to the incursions of the enemy ; for af- . _ ._
ter it was known here, and after the garrison of Number- j ,_'
Four was withdrawn, excepting fifteen men, Obadiah Sart-
well was killed, and a son of Captain Stevens was taken and car
ried to Canada ; but he was released and returned.1
During this affecting scene of devastation and captivity, there
were no instances of deliberate murder nor torture exercised on
those who fell into the hands of the Indians ; and even the old
custom of making them run the gauntlet, was in most cases omit
ted. On the contrary, there is a universal testimony from the
captives who survived and returned, in favor of the humanity of
their captors. When feeble, they assisted them in travelling ;
and in cases of distress from want of provision, they shared with
them an equal proportion. A singular instance of moderation de
serves remembrance. An Indian had surprised a man at Ashuelot.
The man asked for quarter, and it was granted. Whilst the In
dian was preparing to bind him, he seized the Indian's gun, and
shot him in one arm. The Indian, however, secured him ; but
took no other revenge than, with a kick, to say, ' You dog, how
' could you treat me so ?' The gentleman from whom this infor
mation came, has frequently heard the story both from the cap
tive and the captor. The latter related it as an instance of Eng
lish perfidy ; the former of Indian lenity.2
There was a striking difference between the manner in which
this war was managed, on the part of the English and on the part
of the French. The latter kept out small parties continually en
gaged in killing, scalping and taking prisoners ; who were sold in
Canada and redeemed by their friends, at a great expense. By
this mode of conduct, the French made their enemies pay the
whole charge of their predatory excursions, besides reaping a
handsome profit to themselves. On the other hand, the English
attended only to the defence of the frontiers ; and that in such a
manner, as to leave them for the most part insecure. No parties
were sent to harass the settlements of the French. If the whole
country of Canada could not be subdued, nothing less could be
attempted. Men were continually kept in pay, and in expecta-
(1) Olcott's MS. letters. (2) Ibid.

296 HISTORY OF NEW-HAMPSHIRE. [1749.
tion of service ; but spent their time either in garrisons, or camps,
or in guarding provisions when sent to the several forts. Though
large rewards were promised for scalps and prisoners, scarcely
any were obtained unless by accident. A confusion of councils,
and a multiplicity of directors, caused frequent changes of meas
ures, and delays in the execution of them. The forts were ill
supplied with ammunition, provisions, clothing and snow-shoes.
When an alarm happened, it was necessary, either to bake
1747. breach or dress meat, or cast bullets, before a pursuit could
be made. The French gave commissions to none but those
who had distinguished themselves by some exploit. Among us,
persons frequently obtained preferment, for themselves or their
friends, by making their court to governors, and promoting favor
ite measures in town meetings, or general assemblies.
A community recovering from a war, like an individual recov
ering from sickness, is sometimes in danger of a relapse. This
war was not decisive, and the causes which kindled it were not
removed. One of its effects was, that it produced a class of men,
who, having been for a time released from laborious occupations,
and devoted to the parade of military life, did not readily listen
to the calls of industry. To such men, peace was burdensome,
and the more so, because they had not the advantage of half pay.
The interval between this and the succeeding war was not long.
'The peace took place in 1749, and in 1754 there was a call to
.resume the sword.

CHAPTER XXI.
^Purchase of Mason's claim. Controversy about Representation. Plan of
extending the settlements. Jealousy and resentment of the savages.
Whilst the people were contending with an enemy abroad,
an attempt was making at home, to revive the old claim
of Mason, which their fathers had withstood, and which for
-many years had lain dormant, till recalled to view by the politi
cians of Massachusetts, as already related. After Thomlinson
had engaged with Mason, for the purchase of his title, nothing
more was heard of it, till the controversy respecting the lines was
1744 finished, and Wentworth was established in the seat of
government, and in the office of surveyor of the woods.
The agreement which Thomlinson had made, was in behalf of
0ct 3Q the Representatives of New-Hampshire ; and the instru-
' ment was lodged in the hands of the governor, who sent
it to the house for their perusal and consideration. It lay on their

1744.] PROVINCE: BENNING WENTWORTH. 297
table a long time, without any formal notice.1 Quickening mes
sages were sent tirne after time ; but the affairs of the war, and
Mason's absence at sea, and in the expedition to Louisburg, where
he had a company, together with a disinclination in the house,
which was of a different complexion from that in 1739, prevented
any thing from being done.
In the mean time, Mason suffered a fine and recovery, by
vvhich the entail was docked, in the courts of New-Hampshire,
and he became entitled to the privilege of selling his in- . „ . -
terest. He also presented a memorial to the assembly, in
which he told them that he would wait no longer ; and e '
unless they would come to some resolution, he should take their
silence as a refusal. Intimations were given, that if they would
not ratify the agreement, a sale would be made to other -„4g
persons, who stood ready to purchase. At length, the
house came to a resolution, ' that they would comply with the a-
' greement, and pay the price ; and that the waste lands should
' be granted by the general assembly, to the inhabitants, as
' they should think proper.' A committee was appointed
to treat with Mason, about fulfilling his agreement, and to draw
the proper instruments of conveyance ; but he had on the same
day, by deed of sale, for the sum of fifteen hundred
pounds currency, conveyed his whole interest to twelve
persons, in fifteen shares. When the house sent a message to the
council to inform them of this resolution, the council objected to
that clause of the resolve, ' that the lands be granted by the gen-,
' eral assembly,' as contrary to the royal commission and instruc
tions ; but if the house would address the king, for leave to dis
pose of the lands, they said that they were content.
These transactions raised a great ferment among the people.
Angry and menacing words were plentifully thrown out against
the purchasers ; but they had prudently taken care to file in the
recorder's office a deed of quit-claim to all the towns which had
been settled and granted within the limits of their purchase.*—
(1) Assembly records.
* The purchasers of this claim were,
Theodore Atkinson, (three .fifteenths) Thomas Packer,
M. H. Wentworth, (two fifteenths) Thomas Walhngford,
Richard Wibird, Jotham Odiorne,
John Wentworth, son of the Governor, Joshua Peirce,
George Jaflrey Samuel Moore,
Nathaniel Meserve, John Moffat, (one fifteenth each.)
The towns quitclaimed were,
Portsmouth, Londonderry, Bow,
Dover Chester, Chichester,
Exeter Nottingham, Epsom,
Hampton, - Barrington, Barnstead,
Gosport, Rochester, and afterward
KingstoA, Canterbury, Gilmantown.
40

29Q HISTORY OF NEW-HAMPSHIRE. [1746.
In this quit-claim, they inserted a clause in the following words,
' excepting and reserving our respective rights, titles, inheritance
' and possessions, which we heretofore had, in common or sever-
' alty, as inhabitants or proprietors of houses or lands, within any
' of the towns precincts, districts or villages aforesaid.'1 This
precaution had not at first its effect. A committee of both houses
was appointed to consider the matter, and they reported that ' for
' quieting the minds of the people, and to prevent future diffi-
' culty, it would be best for the province to purchase the claim,
' for the use and benefit of the inhabitants ; provided that the pur-
{ chasers would sell it for the cost and charges.'2 This report
was accepted, concurred and consented to, by every branch of
the legislature. A committee was appointed to consult counsel,
and agree on proper instruments of conveyance. The
ug' ' same day, this committee met with the purchasers, and
conferred on the question whether they would sell on the terms
proposed ? At the conference, the purchasers appeared to be
divided, and agreed so far only, as to withdraw their deed from
Au 12 tne recorder's office. The committee reported that they
could make no terms with the purchasers ; in consequence
g' of which, the deed was again lodged in the office and
recorded. Much blame was cast on the purchasers, for clandestinely taking
a bargain out of the hands of the assembly. They said in their
vindication, ' that they saw no prospect of an effectual
' ep ' " ' purchase by the assembly, though those of them who
' were members, voted for it, and did what they could to encourage
' it ; that they would have gladly given Mason as much money,
' for his private quit-claim to their several rights in the townships
' already granted and settled ; that Mason's claim had for many
' years hung over the province, and that on every turn, ihey had
' been threatened with a proprietor ; that Mason's deed to a com-
' mittee of Massachusetts, in behalf of that province, for a tract of
' land adjoining the boundary line, had been entered on the records,
' and a title under it set up, in opposition to grants made by the
' governor and council ; that it was impossible to say where this
1 evil would stop, and therefore they thought it most prudent to
' prevent any farther effects of it, by taking up with his offer,
' especially as they knew that he might have made a more advan-
' tageous bargain, with a gentleman of fortune in the neighboring
' province ; but that they were still willing, to sell their interest to
' the assembly, for the cost and charges ; provided that the land
' be granted by the governor and council; and that the agreement
' be made within one month from the date of their letter.'3
Within that month, the alarm caused by the approach of D'An-
(1) Records of deeds. (2) Assembly records. (3) MS. letter in Proprie
tary office.

1746.] PROVINCE. BENNING WENTWORTH. 299
ville's fleet, put a stop to the negotiation. After that danger was
over, the affair was revived ; but the grand difficulty subsisted.
The purchasers would not sell, but on condition that the lands
should be granted, by the governor and council. The assembly
thought that they could have no security that the land would be
granted to the people ; because the governor and council might
grant it to themselves, or to their dependents, or to stran- _, ._
gers, and the people who had paid for it, might be excluded
from the benefit which they had purchased. A proposal g
was afterward made, that the sale should be to feoffees in trust
for the people; and a form of a deed for this purpose was drawn.
To this proposal, the purchasers raised several objections ; and
as the assembly had not voted any money to make the purchase,
they declined signing the deed ; and no farther efforts being
made by the assembly, the purchase rested in the hands of the
proprietors. In 1749, they took a second deed, comprehending
all the Masonian grants, from Naumkeag to Pascataqua ; whereas
the former deed was confined to the lately established boundaries
of New-Hampshire. This latter deed was not recorded till
1753.1 After they had taken their first deed, the Masonians began to-
grant townships, and continued granting them to petitioners, . _.„
often without fees, and always without quit-rents. They
quieted the proprietors of the towns, on the western side of the
Merrimack, which had been granted by Massachusetts, before
the establishment of the line ; so that they went on peaceably
with their settlements. The terms of their grants were, that the
grantees should, within a limited time, erect mills and meeting
houses, clear out roads and settle ministers. In every township,
they reserved one right for the first settled minister, another for a
parsonage, and a third for a school. They also reserved fifteen
rights for themselves, and two for their attorneys ; all of which
were to be free from taxes, till sold or occupied. By virtue of
these grants, many townships were settled, and the interest of the
people became so united with that of the proprietors, that the
prejudice against them gradually abated ; and, at length, even
some who had been the most violent opposers, acquiesced in the
safety and policy of their measures, though they could not concede
to the validity of their claim.
The heirs of Allen menaced them by advertisements, and
warned the people against accepting their grants. They depended
on the recognition of Allen's purchase, in the charter of Massa
chusetts, as an argument in favor of its validity ; and supposed,
that because the ablest lawyers in the kingdom were consulted,
and employed in framing that charter, they must have had evi
dence of the justice of his pretensions, before such a reservation
(1) Records of deeds.

300 HISTORY OF NEW-HAMPSHIRE. [1748.
could have been introduced into it. So strong was the Impression,
which this argument had made, on the minds of speculators in
England, that large sums had been offered, to some of Allen's
heirs, in that kingdom ; and, Thomlinson himself, -the first mover
of the purchase from Mason, in behalf of New-Hampshire, had
his doubts ; and would have persuaded the associates to join in
buying Allen's title also, even at the price of two thousand pounds
sterling, to prevent a more expensive litigation, the issue of which
would be uncertain.1 But they, being vested with the principal
offices of government; being men of large property, which was
also increased by this purchase ; and having satisfied themselves,
of the validity of their title, by the opinions of some principal
lawyers, both here and in England, contented themselves with the
purchase which they had made ; and by maintaining their pos
session, extended the cultivation of the country within their limits.
The words of the original grants to Mason, describe an extent
of sixty miles, from the sea, on each side of the province, and a
line to cross over from the end of one line of sixty miles, to the
end of the other. The Masonian proprietors pleaded, that this
cross line should be a curve, because, no other line would preserve
the distance of sixty miles from the sea, in every part of their
western boundary. No person had any right to contest this point
with them, but the king. It was not for the interest of his gov
ernor and council to object ; because several of them, and of their
connections, were of the Masonian propriety ; and no objection
was made by any other persons, in behalf of the crown. Survey
ors were employed, at several times, to mark this curve line ; but
on running, first from the southern, and then from the eastern
boundary, to the river Pemigewassett, they could not make the
lines meet. Controversies were thus engendered, between the
grantees of crown lands and those of the Masonians, which
subsisted for many years. In some cases, the disputes were
compromised, and in others, left open for litigation ; till, by the
revolution, the government fell into other hands.
This was not the only controversy, which, till that period,
remained undetermined. When the extension of the boundary
lines gave birth to a demand, for the maintenance of Fort-Dummer,
the governor had the address, to call to that assembly, into which
he introduced this demand, six new members; who appeared as
representatives for six towns and districts, some of which had been,
by the southern line, cut off from Massachusetts.2 It was supposed
that his design, in calling these members, was to facilitate the
adoption of Fort-Dummer. Other towns, which ought to have
had the same privilege extended to them, were neglected. When
the new members appeared in the house, the secretary, by the
governor's order, administered to them the usual oaths; after
(1) MS. letters of Thomlinson. (2) Printed Journal, Jan. 1744.

1748.] PROVINCE. BENNING WENTWORTH. 301
which, they were asked, in tire name of the house, by what au
thority they came thither ? They answered, that they were
chosen by virtue of a writ, in the king's name, delivered to their
respective towns and districts, by the sheriff. The house remon
strated to the governor, that these places had no right, by law,
nor by custom, to send persons to represent them, and then de
barred them from the privilege of voting* in the choice of a speaker ;
two only dissenting, out of nineteen. Several sharp messages
passed, between the governor and the house, on that occasion ;
but the pressing exigencies of the war, and the proposed expedi
tion to Cape-Breton, obliged him, for that time, to give way, and
suffer his new members to be excluded, till the king's pleasure
could be known.
The house vindicated their proceedings, by appealing to their
records ; from which it appeared, that all the additions, which had
been made to the house of representatives, were, in consequence
of their own votes, either issuing a precept themselves, or request
ing the governor to do it; from which they argued, that no town,
or parish, ought to have any writ, for the choice of a representa
tive, but by a vote of the house, or by an act of the assembly.
On the other side, it was alleged, that the right of sending repre
sentatives was originally founded on the royal commission and
instructions, and therefore, that the privilege might, by the same
authority, be lawfully extended to the new towns, as the king, or
his governor, by advice of council, might think proper. The
precedents on both sides were undisputed ; but neither party
would admit the conclusion drawn by the other. Had this diffi
culty been foreseen, it might have been prevented when the tri
ennial act was made in 1727. The defects of that law, began
now to be severely felt; but could not be remedied.
The dispute having thus subsided, was not revived during the
war ; but as soon as the peace was made, and the king had gone
on a visit to his German dominions, an additional instruction was
sent from the lords justices, who presided in the king's absence,
directing the governor to dissolve the assembly then subsisting ;
and when another should be called, to issue the king's writ june3(>
to the sheriff, commanding him to make out precepts to
the towns and districts, whose representatives had been before
excluded ; and that when they should be chosen, the governor
should support their rights.1
Had this instruction extended to all the other towns in the
province, which had not been before represented, it might have
been deemed equitable ; but as it respected those only, which had
been the subject of controversy, it appeared to be grounded on
partial information, and intended to strengthen the prerogative of
the crown, without a due regard to the privileges of the people,
at large. (1) Douglass ii. 35.

302 HISTORY OF NEW-HAMPSHIRE. [1749.
The party in opposition to the governor became more acrimo
nious than ever. Richard Waldron, the former secretary, and
740 tne confidential friend of Belcher, appeared in the new
assembly and was chosen speaker. The governor nega-
an' ' lived him ; and ordered the house to admit the new mem
bers, and choose another speaker. They denied his power of
negativing their speaker and of introducing new members. The
style of his messages was peremptory and severe ; their answers
and remonstrances were calm, but resolute, and in some instances
satirical. Neither party would yield. No business was trans
acted ; though the assembly met about once in a month, and was
kept alive, by adjournments and prorogations, for three years.
Had, he dissolved them, before the time for which they were
chosen had expired, he knew, that in all probability, the same
persons would be re-elected.
The effect of this controversy was injurious to the governor, as
well as to the people. The public bills of credit had depreciated
since this administration began, in the ratio of thirty to fifty-six ;
and the value of the governor's salary had declined in the same
proportion. The excise could neither be farmed nor collected ;
and that part of the governor's salary, which was funded upon it,
failed. The treasurer's accounts were unsettled. The soldiers,
who had guarded the frontiers in the preceding war, were not
paid ; nor were their muster-rolls adjusted. The public records
of deeds were shut up ; for the recorder's time having expired,
and the appointment being by law vested in the assembly, no
choice could be made. No authenticated papers could be ob
tained, though the agent was constantly soliciting for those which
related to the controversy about Fort-Dummer, at that time before
the king and council.*
When the situation of the province was known in England, an
1750-51 imPress'on t0 hs disadvantage was made on the minds
of its best friends ; and they even imagined that the
governor's conduct was not blameless. f The language at court
* [1749. Plaistow, Litchfield, Newtown, and Hampstead were incorporat
ed. The settlement of Walpole commenced.
1750. Salem and Bedford were incorporated. The last was one of the
Narraganset townships. The settlement of it commenced in the winter of
1737, by Robert and James Walker, and in the year following, by John Goffe,
afterwards colonel, Matthew Patten, afterwards judge of probate, and captain
Samuel Patten, and soon after by many others. See Coll. N. H. Hist. Soc. i.
288—296. 1751. Derryfield, now called Manchester, was incorporated.]
t August 10, 1749, Mr Thomlinson wrote thus to Mr. Atkinson. ' I am
' sorry to find by your letters, and by every body from your country, the con-
' fusion your Province is in. I wish I could set you right. I cannot help
' thinking that the governor has done some imprudent things ; but the other
' party is fundamentally wrong, and the governor will always be supported as
' long as he conducts himself by his majesty's instructions, and in his right
' of negativing a speaker. Notwithstanding this, I am surprised that he, or
' any other governor, should not think it their interest, to behave so to all
' sorts of people under their government, as to make all their enemies their
( friends, rather than to make their friends their enemies.'

1750-51.] PROVINCE. BENNING WENTWORTH. 303
was totally changed. The people of New-Hampshire who had
formerly been in favor, as loyal and obedient subjects, were now
said to be in rebellion. Their agent was frequently reproached
and mortified on their account, and was under great apprehension,
that they would suffer, not only in their reputation, but in their
interest.1 The agent of Massachusetts was continually soliciting
for repayment of the charges of maintaining Fort-Dummer, and
is was in contemplation, to take off a large district from the west
ern part of New-Hampshire, and to annex it to Massachusetts, to
satisfy them for that expense. Besides this, the paper money of
the colonies was under the consideration of parliament ; and the
province of Massachusetts was rising into favor for having abolish
ed that system of iniquity. The same justice was expected of
New-Hampshire, since they had the same means in their power
by the reimbursement granted to them by parliament for the
Cape-Breton and Canada expeditions. This money, amounting
to about thirty thousand pounds sterling, clear of all fees and com
missions, had lain long in the treasury ; and when it was paid to
the agent, he would have placed it in the funds, where it might
have yielded an interest of three per cent ; but having no direc
tions from the assembly, he locked it up in the bank. This was
a clear loss to them of nine hundred pounds per annum. There
were some who reflected on the agent, as if he had made an ad
vantage to himself of this money. Had he done it, his own cap
ital was sufficient to have answered any of their demands ; but it
was also sufficient to put him above the necessity of employing
their money, either in trade or speculation.
It had also been suggested, that Thomlinson. at the governor's.
request, had solicited and procured the instruction, which had
occasioned this unhappy stagnation of business. When this sug
gestion came to his knowledge, he exculpated himself from the
charge, in a letter which he wrote to a leading member of the
assembly ; and gave a full account of the matter as far as it had
come to his knowledge. He said, that the governor himself had
stated the facts in his letters to the ministry ; concerning his call
ing of ithe new members, in 1745, and their exclusion from the-
assembly, with the reasons given for it ; and had desired to know
(1) Thomlinson's MS. letters.
October 19, 1749, Mr. Atkinson wrote thus in answer. ' I am supposed?
' by many people to be privy to all the governor's transactions here, which is
' totally without foundation. I never saw a letter which he wrote home, nor
' any he received, only, when any of them were communicated to the council
' or assembly; nor any of his speeches or messages. So that, really I cannot
1 be said to advise. Neither do I see what reason the people have to complain..
' His greatest enemies are now of the assembly, and in all the controversy,
• not one particular instance of injustice or oppression hath been mentioned
' by them ; and when you read over their several messages, and votes, you
' will not discover any inclination to conceal the least failing he had been th»
1 author of J

304 HISTORY OF NEW-HAMPSHIRE. [1750-51.
the king's pleasure, and to have directions how to act.1 That the
ministry, without any exception or hesitation, had pronounced his
conduct conformable to his duty. That nevertheless, the board
of trade had solemnly considered the matter, and consulted coun
sel, and had summoned him, as agent of the province, to attend
their deliberation. Their result was, that as the crown had an
indisputable right to incorporate any town in England, and qualify
it to send members to parliament, so the same right and power
had been legally given to all the governors in America ; by means
of which, all the assemblies in the king's governments, had in
creased in number,' as the colonies had increased in settlements.
That any other usage in calling representatives was wrong ; al
though it might have been indulged, when the province was under
the same governor with Massachusetts. This was all which pass
ed before the additional instruction came out, which was sent
through the hands of the agent. As it was founded on a question
concerning the rights and prerogatives of the crown ; he argued
the absurdity of supposing, either that it had been solicited, or that
any attempt to have it withdrawn could be effectual. His advice
was, that they should submit to it ; because, that under it, they
would enjoy the same rights and privileges with their fellow sub
jects in England, and in the other colonies ; assuring them, that
the then reigning prince had never discovered the least inclination
to infringe the constitutional rights of any of his subjects.
This advice, however salutary, had not the intended effect.
Instead of submitting, the party in opposition to the governor,
framed a complaint against hirn, and sent it to London, to be
presented to the king. If they could have prevailed, their next
measure would have been, to recommend a gentleman, Sir William
Pepperrell, of Massachusetts, for his successor. This manoeuvre
came to the ears of Thomlinson ; but he was under no necessity
to exert himself on this occasion ; for the person to whose care
the address was intrusted, considering the absurdity of complaining
to the king, against his governor, for acting agreeably to his in
structions, was advised not to present it.2 This disappointment
vexed the opposition to such a degree, that they would have gladly
dissolved the government, and put themselves under the jurisdic
tion of Massachusetts, had it been in their power. But, finding
all their efforts ineffectual, either to have the instruction with
drawn, or the governor removed, they consoled themselves with
this thought, that it was ' better to have two privileges taken from
* them, than voluntarily to give up one.'*
(1) MS. letter of Thomlinson to H. Sherburne, Nov. 13, 1749. (2) MS.
letters of Thomlinson.
* [1750. A singular and splendid appearance in the heavens was noticed
ia the eastern part of New-Hampshire, of which I find the following account
in an interleaved almanack, kept by a gentleman of Portsmouth.
" 26 August. This evening I was suddenly surprised by an explosion in

1753.] PROVINCE. BENNING WENTWORTH. 305
The time for vvhich the assembly was elected having expired,
a new one was called in the same manner. They came ..,.,.„
together with a spirit of moderation, and a disposition to 1/&"*-
transact the long neglected business. The members, from Jan' 2'
the new towns, quietly took their seats. An unexceptionable
speaker, Meshech Weare, was elected. A recorder was ap
pointed. A committee was chosen to settle the treasurer's ac
counts, and a vote was passed for putting the reimbursement
money into the public funds in England.1 The governor's salary
was augmented, and all things went on smoothly. The party
which had been opposed to the governor, declined, in number and
in virulence. Some had been removed by death ; others were
softened and relaxed. A liberal distribution of commissions, civil
and military, was made, and an era of domestic reconciliation
commenced. The controversy respecting Fort-Dummer, and the fear of
losing a district in that neighborhood, quickened the governor to
make grants of several townships in that quarter, on both sides of
Connecticut river ; chiefly to those persons who claimed the
same lands, under the Massachusetts title. The war being over,
die old inhabitants returned to their plantations, and were strength
ened by additions to their number. It was in contemplation, to
extend the settlements, farther up Connecticut river, to the rich
meadows of Cohos. The plan was, to cut a road to that place ;
to lay out two townships, one on each side of the river, and oppo
site to each other; to erect stockades, with lodgments for two
hundred men, in each township, enclosing a space of fifteen acres ;
in the centre of which was to be a citadel, containing the public
buildings and granaries, which were to be large enough to receive
all the inhabitants, and their moveable effects, in case of necessity. 2
As an inducement to people to remove to this new plantation ; they
were to have courts of judicature, and other civil privileges among
themselves, and were to be under strict military discipline. A
large number of persons engaged in this enterprise ; and they
were the rather stimulated to undertake it, because it was feared,
that the French, who had already begun to encroach on the ter
ritory claimed by the British crown, would take possession of this
valuable tract, if it should be left unoccupied.
In pursuance of this plan, a party was sent up in the spring of
1752, to view the meadows of Cohos, and lay out the proposed
townships.3 The Indians observed them, and suspected their
(1) Records of assembly. Atkinson's MS. letters. (2) Atkinson's MS.
letters. (3) MS. letters of Col. Israel Williams.
the air. It was a quarter after nine, and the sky as free from clouds and
thick of stars as I ever saw it. It appeared as if the sky opened in the South
about half way from the horizon, as large as the broad side of a house, and
the flame as deep a color as any fire I ever saw. It closed up gradually, and
was near two minutes before it disappeared."]
41

306 HISTORY OF NEW-HAMPSHIRE. [1752.
intentions. The land was theirs, and they knew its value. A
party of the Aresaguntacook, or St. Francis tribe was deputed,
to remonstrate against this proceeding. They came to the fort
at Number-Four, with a flag of truce ; pretending that they had
not heard of the treaty of peace, which had been made with the
several Indian tribes. They complained to Captain Stevens, of
the encroachment which was meditating on their land ; and said,
that they could not allow the English to settle at Cohos, when they
owned more land already than they could improve ; and, that if
this settlement were pursued, they should think the English had a
mind for war, and would resist" them. This threatening being
communicated to the governor of Massachusetts, and by him to
the governor of New-Hampshire, threw such discouragement on
the project that it was laid aside.
The Indians did not content themselves with remonstrating and
threatening. Two of the same tribe named Sabatis and Christi,
.. came to Canterbury ; where- they were entertained in a
pn' friendly manner for more than a month. At their departure,
they forced away two negroes ; one of whom escaped and return
ed ; and the other was carried to Crown-Point and sold to a
French officer.1 A party of ten or twelve of the same tribe,
M commanded by Captain Moses, met with four young men
who were hunting on Baker's river. One of these was John
Stark.2 When he found himself surprised and fallen into their
hands, he called to his brother William Stark, who being in a
canoe, gained the opposite shore, and escaped. They fired at
the canoe, and killed a young man who was in it.3 John received
a severe beating from the Indians for alarming his brother. They
carried him and his companion, Eastman, up Connecticut river,
through several carrying places, and down the lake Memphrema-
gog to the head quarters of their tribe. There'they dressed him
in their finest robes and adopted him as a son. This early captiv
ity, from which he was redeemed, qualified him to be an expert
partisan, in the succeeding war ; from which station, he afterward
rose to the rank of brigadier-general in the armies of the United
States.* The next year, Sabatis, with another Indian named Plausawa,
came to Canterbury ; where, being reproached with the miscon-
1 „,.„ duct respecting the negroes, he and his companion behaved
in an insolent manner. Several persons treated them very
e' freely with strong liquor.4 One followed them into the
woods, and killed them, and by the help of another, buried them;
but so shallow, that their bodies were devoured by beasts of prey,
(1) MS. depositions. (2) Shirley's printed conference, 1754. (3) Inform
ation of W. Stark. (4) MS. depositions.
* [1752. The towns of Chesterfield, Westmoreland, Walpole and Rich
mond were incorporated.]

1752.]

PROVINCE. BENNING WENTWORTH. 807

and their bones lay on the ground.* By the treaties of peace,
it had -been stipulated, on the one part, that if any of the Indians
should commit an act of hostility against the English, their young
men should join with the English in reducing such Indians to sub
mission ; and on the other hand, that if an Englishman should
injure any of them, no private revenge should be taken ; but ap
plication should be made to the government for justice. In the
autumn of the same year, a conference being held, with the east
ern Indians, by the government of Massachusetts, a present was
made to the Aresaguntacook tribe, expressive of an intention to
wipe away the blood. They accepted the present, and ratified
the peace which had been made in 1749. * f
(1) Printed conference, 1753.
* [The names of the persons concerned in the death of these Indians, it
appears from the Rev. Mr Price's History of Boscawen, p. 44, were Bowen
and Morril. The circumstances of their death are particularly narrated in an
article entitled Indian Bridge, in the Coll. of Farmer and Moore, iii. 27 — 29.
It appears from that account, that the person who killed them was Peter Bow-
en, to whose house in Contoocook, (Boscawen) he invited them to stay dur
ing the night. " They had been in a surly mood and had used some threats
to two persons who offered to trade with them that day, but became in better
humor on being freely treated with rum by their host. The night was spent
in a drunken Indian frolic, for which Bowen had as good a relish as his
guests. As they became intoxicated, he fearing that they might do mischief,
took the precaution to make his wife engage their attention, while he drew
the charges from their guns. The next morning, they asked Bowen to go
with his horse, and carry their baggage to the place where their canoe was left
the evening before. He went and carried their packs on his horse. As they
went, Sabatis proposed to run a race with the horse. Bowen suspecting mis
chief was4intended, declined the race, but finally consented to run. He how
ever, took care to let the Indian outrun the horse. Sabatis laughed heartily
at Bowen, because his horse could run no faster. They then proceeded ap
parently in good humour. After a while, Sabatis said to Bowen — " Bowen
walk woods," — meaning " go with me as a prisoner." Bowensaid, "No walk
woods, all one brothers." They -went on until they were near the canoe,
when Sabatis proposed a second race, and that the horse should be unloaded
of the baggage and should start a little before him. Bowen refused to start
so, but consented to start together. They ran, and as soon as the horse had
got a little before the Indian, Bowen heard a gun snap. Looking round, he
saw the smoke of powder, and the gun aimed at him. He turned and struck
his tomahawk in the Indian's head. He went back to meet Plausawa, who
seeing the fate of Sabatis, took aim with his gun at Bowen. The gun flash
ed. Plausawa fell on his knees and begged for his life. He pleaded his in
nocence, and former friendship for the English; but all in vain. Bowen
knew there would be no safety for him while the companion and friend of
Sabatis was living. To secure himself, he buried the same tomahawk in the
skull of Plausawa. This was done in the road on the bank of Merrimack riv
er, near the northerly line of Boscawen. Bowen hid the dead bodies under
a small bridge in Salisbury. The next spring the bodies were discovered and
buried."] t[]753. Keene, Charlestown, Swanzey, Winchester and Hinsdale were
incorporated. Swanzey was first granted by Massachusetts in 1734, to 64
proprietors, whose first meeting was holden at Concord, Mass., 27 June, that
year. Until its incorporation by New-Hampshire, it was called Lower -Ashue-
lot, from the Indian name of the river, which was originally Ashaelock. From
1741 to 1747, this town suffered much from Indian depredations. Several of
the inhabitants were killed and some were made prisoners. The province of
Massachusetts, under whose jurisdiction this town had remained thirteen

308 HISTORY OF NEW-HAMPSHIRE. [1754.
The two men who killed Sabatis and Plausawa, were appre
hended and brought to Portsmouth. A bill was found against
.„,. . them by the grand jury, and they were confined in irons.
In the night, before the day appointed for their trial, an
armed mob from the country, with axes and crows, forced the
prison, and carried them off in triumph. A proclamation was
issued, and a reward offered by the governor for apprehending
the rioters ; but no discovery was made, and the action was even
deemed meritorious.1 The next summer, another conference
was held at Falmouth, at which commissioners from New-Hamp
shire assisted. The Aresaguntaeooks did not attend ; but sent a
message purporting that the blood was not wiped away. The
commissioners from New-Hampshire made a handsome present,
to all the Indians, who appeared at this conference ; which ended
as usual, in the promise of peace and friendship.2

CHAPTER XXII.
The last French and Indian war, which terminated in the conquest of Canada.
Controversy concerning the lands westward of Connecticut river.
By the' treaty of Aix la Chapelle, in 1748, it was stipulated,
that ' all things should be restored, on the footing they were
' before the war.'3 The island of Cape-Breton was accordingly
restored to France ; but the limits of the French and English
territories on the continent, were undetermined ; and it was the
policy of both nations to gain possession of important passes,
and to which each had some pretensions, to hold them,
till the limits should be settled by commissioners mutually
chosen. These commissioners met at Paris ; but came to no
decision. By the construction of charters and grants from
the crown of England, her colonies extended indefinitely west
ward. The French had settlements in Canada and Louisiana,
and they meditated to join these distant colonies, by a chain of
forts and posts, from the St. Lawrence lo the Mississippi ; and to
extend the limits of Canada, as far eastward, as to command nav-
(1) MS. letters of Governor Wentworth. (2) Printed conference. — _
(3) Printed treaty.
years, having withdrawn her protection, and left the people in a defenceless
state, and exposed to the fury of the savages, the settlers abandoned the place,
and many of them returned to their former places of residence in Massachu
setts. The Indians very soon set fire to their forts, which, with every house
except one, they reduced to ashes. They returned about three years after-
Wards, when nothing but desolation and ruin was to be seen about their form
er habitations. They recommenced their settlements, and were not after
wards molested by the Indians. N. H. Gazetteer, 248.
1755. Madbury was incorporated. 1756. Sandown was incorporated.]

1754.] PROVINCE. BENNING WENTWORTH. 309
igation in the winter, when the great river St. Lawrence is impas
sable. These claims of territory, extending on the one part from
east to west, and on the other from north to south, necessarily in
terfered. The colonies of Nova-Scotia, New- York and Virginia,
were principally affected by this interference ; and the encroach
ments made on them by the French, were a subject of complaint,
both here and in Europe.
It was foreseen that this controversy could not be decided but
by the sword ; and the English determined to be early in 17c4
their preparations. The Earl of Holderness, secretary
of state, wrote to the governors of the American colonies, recom
mending union for their mutual protection and defence. A
meeting of commissioners from the colonies, at Albany, having
been appointed, for the purpose of holding a conference with the
Six Nations, on the subject of French encroachments, within their
country ; it was proposed, by Governor Shirley, to the several
governors, that the delegates should be instructed on the subject
of union.1
At the place appointed, the congress was held ; consisting of
delegates from Massachusetts, New-Hampshire, Rhode- June lg
Island, Connecticut, Pennsylvania and Maryland ; with
the lieutenant-governor and council of New-York. They took
their rank in geographical order, beginning at the north. One
member from each colony was appointed to draw a plan of union ;
Hutchinson of Massachusetts, Atkinson of New-Hampshire, Hop
kins of Rhode-Island, Pitkin of Connecticut, Smith of New- York,
Franklin of Pennsylvania, and Tasker of Maryland.2 The sub
stance of the plan was, that application be made, for an act of
parliament, to form a grand council, consisting of delegates from
the several legislative assemblies, subject to the control of a presi
dent-general, to be appointed by the crown, with a negative voice.
That this council should enact general laws ; apportion the quotas
of men and money, to be raised by each colony; determine the-
building of forts ; regulate the operations of armies ; and concert
all measures for the common protection and safety.. The dele
gates of Connecticut alone, entered their dissent to the plan, be
cause of the negative voice of the president-general. It is worthy
of remark, that this plan, for the union of the colonies, was agreed
to, on the fourth day of July ; exactly twenty rtwo years before
the declaration of American Independence, and that the name of
Franklin appears in both.*f
(1) Shirley's letters and speeches. (2) Atkinson's MS. Journal.
* [The plan of a proposed union of the several colonies of Massachusetts-
Bay, New-Hampshire, Connecticut, Rhode-Island, New- York, New-Jersey,
Pennsylvania, Maryland, Virginia, North-Carolina, and South-Carolina, for
their mutual defence and security, and for extending the British settlements
in North- America, with the reasons and motives for each article of the plan,
(as far as could be remembered) is given entire in the Works of Franklin,
Philadelphia edition, 1809, vol. iv. p. 5—38.]

310 HISTORY OF NEW-HAMPSHIRE. [1754.
With the plan of union, a representation was made to the king,
of the danger in which the colonies were involved. Copies of
both were laid before the several assemblies. They were fully
sensible of their danger from the French ; but they apprehended
greater danger from the plan of union. Its fate was singular. It
was rejected in America, because it was supposed to put too much
power into the hands of the king ; and it was rejected in England,
because it was supposed to give too much power to the assemblies
of the colonies. The ministry made another proposal ; that the
governor,, with one or two members of the council, of each colony,
should assemble, and consult for the common defence, and draw
on the British treasury for the sijms expended ; which should be
raised by a general tax, laid by parliament, on the colonies. J —
But this was not a time to push such an alarming innovation ; and
when it was found impracticable, the ministry determined to em
ploy their own troops, to fight their battles in America, rather than
to let the colonists feel their own strength, and be directed by their
own counsels.
To draw some aid however from the colonies was necessary.
Their militia might serve as guards, or rangers, or laborers, or do
garrison duty, or be employed in other inferior offices ; but Brit
ish troops, commanded by British officers, must have the honor
of reducing the French dominions in North America.
The savage nations in the French interest were always ready,
on the first appearance of a rupture, to take up the hatchet. It
was the policy of the French government, to encourage their
depredations, on the frontiers of the English colonies, to which
they had a native antipathy. By this means, the French could
make their enemies pay the whole expense of a war ; for all the
supplies, which they afforded to the Indians, were amply compen
sated, by the ransom of captives. In these later wars, therefore,
we find the savages more dextrous in taking captives, and more
tender of them when taken, than in former wars ; which were
carried on with circumstances of greater cruelty.
No sooner had the alarm of hostilities, which commenced be
tween the English and French, in the western part of Virginia,
spread through the continent ; than the Indians renewed their
attacks on the frontiers of New-Hampshire.-* A party of them
(1) Franklin's Examination, 1766.
t At, this congress, a present from the crown was distributed to the Indians.
The commissioners of New-Hampshire, Atkinson, Wibird, Sherburne and
Weare, by direction of the assembly, made them a separate present. It is a
custom among the Six Nations to give a name to their benefactors on such oc
casions. The name which they gave to the province of New-Hampshire was
So^saguax-owane. I have inquired of the Rev. Mr. Kirkland, the meaning of
this name: He informed me that So signifies, again; sagtiax, a dish ; and
ewanc, large.
* [On the 16 May, Nathaniel Meloon, who had recently removed his fam
ily from the fort in Contoocook to Stevens-town, now the west part of Salis
bury, was captured by the Indians, together with his wife and four children,

1754.] PROVINCE. BENNING WENTWORTH. 3H
made an assault, on a family at Baker's-town, on Pemigewasset
river ; where they killed a woman, and took several cap-A 15
tives.* Within three days, they killed a man and woman
at Steven's-town in the same neighborhood ; upon which Aug' 18'
the settlements were broken up, and the people retired to the
lower towns for safety, and the government was obliged to post
soldiers in the deserted places.'1 After a few days more, „„
they broke into the house of James Johnson, at Number-
Four, early in the morning, before any of the family were awake ;
and took him, with his wife and three children, her sister Miriam
Willard, and two men, Peter Laboree and Ebenezer Farnsworth.
The surprisal was complete and bloodless, and they carried them
off undisturbed. The next day, Johnson's wife was delivered of
a daughter, who from the circumstance of its birth was named
Captive. The Indians halted one day, on the woman's account,
and the next day resumed their march ; carrying her on a litter,
which they made for the purpose, and afterwards put her on
horse-back. On their march, they were distressed for provision ;
and killed the horse for food. The infant was nourished, by
sucking pieces of its flesh. When they arrived at Montreal,
Johnson obtained a parole, of two months, to return and solicit the
(1) Council minutes.
viz. Rachel, John, Daniel and Sarah. Nathaniel his eldest son escaped. —
They were carried to Canada, and upon their arrival there, the children were
separated, and sold to the French. Mr. Meloon and wife were permitted to
live together,, and their son Joseph, lately living in Salisbury, in this state,
was born in their captivity in 1755. After a servitude of more than three
years in Canada, the parents, with their three sons, were shipped for France ;
but on their voyage, near the Grand Banks, were taken by the British, and
safely landed at Portland, in Maine, from whence they travelled by land, and
returned home after an absence of four years, of tedious captivity. Their
daughter Rachel, who was nine years when taken, returned after nine years,
though much against her inclination. She had become much attached to the
Indians, had learned their language and could sing their songs, and ever after
retained a partiality for their manners and habits. Sarah the youngest child
is supposed to have died soon after their arrival in Canada. Rachel the
mother was the second woman who moved into the town of Salisbury. She
lived until 1804, when she died at the age of 94. Price, Hist, of Boscawen,
113.— Coll. of N. H. Hist. Soc. ii. 26.— Coll. of Farmer and Moore, ii. 376.—
Gazetteer of N. H. by do. 233.— Hough's Concord Courier, 1804.— MS. letter
Moses Eastman, Esq.]
* [The woman killed was the wife of Philip Call. Timothy Cook, son of
Elisha Cook who was killed in 1746 (see page 289.) was killed at the same
time. The captives were Samuel Scribner and Robert Barber of Salisbury,
whow ere both sold to the French, and Enos Bishop of Boscawen, who arrived
in thirteen days at St. Francois, and within eight weeks, was sold to a French
gentleman at Montreal for 300 livres. On the 26 September, the next year,
he,,with two others escaped from Montreal, and after travelling twenty-six
days, eighteen of which were without any food other than what the wilder
ness afforded them, he arrived at Charlestown, and from thence returned to
their friends. A sum of money had been raised for his ransom , but the per
son by whom it was sent, converted it to his own use. After his return, Bish
op represented his sufferings to the general court, and received £50 from the
public treasury. Price, Hist. Boscawen, 113, 114. — Farmer and Moore, Hist.
Coll. i. 62, 63.— Gazetteer of N. H. 233.— Papers in Secretary's office,]

312 HISTORY OF NEW HAMPSHIRE. [1754.
means of redemption.1 He applied to the assembly of New-
„ ig Hampshire, and after some delay obtained one hundred
' and fifty pounds sterling.2 But the season was so far ad
vanced, and the winter proved so severe, that he did not reach
Canada till the spring. He was then charged with breaking his
parole ; a great part of his money was taken from him by violence;
and, he was shut up with his family in prison; where they took
the small pox, which they happily survived. After eighteen
months, the woman, with her sister, and two daughters, were sent
in a cartel ship to England ; and thence returned to Boston. —
Johnson was kept in prison three years ; and then, with his son,
returned and met his wife in Boston ; where he had the singular
ill fortune, to be suspected of designs unfriendly to his country,
aad was again imprisoned ; but no evidence being produced
against him, he was liberated. His eldest daughter was retained
in a Canadian nunnery.3
The fort and settlement at Number-Four, being in an exposed
situation, required assistance and support. It had been built by
Massachusetts when it was supposed to be within its limits. It
was projected by Colonel Stoddard of Northampton, and was well
situated, in connection with the other forts, on the western frontier,
to command all the paths by which the Indians travelled from
Canada to New-England. It was now evidently in New-Hamp
shire ; and Shirley, by advice of his council, applied to Went
worth, recommending the future maintenance of that post, to the
care of his assembly ; but they did not think themselves interested
in its preservation, and refused to make any provision for it. 4
The inhabitants made several applications for the same purpose;
hut were uniformly disappointed. They then made pressing re
monstrances to the assembly of Massachusetts, who sent soldiers
for the defence of that post, and of Fort-Dummer, till 1757 ;5
when they supposed that the commander in chief of the king's
;forces would take them under his care, as royal garrisons. It
was also recommended to the assembly of New-Hampshire to
ibuild a fort at Cohos; but this proposal met the same fate.
The next spring, three expeditions were undertaken against
the French forts. One against Fort du Quesne, on the Ohio,
-_(.,. was conducted by General Braddock ; who was defeated
and slain. Another against Niagara, by Governor Shirley,
which miscarried ; and a third against Crown-Point, by General
.Johnson. For this last expedition, New-Hampshire raised five
hundred men, and put them under the command of Colonel Jo
seph Blanchard.* The governor ordered them to Connecticut
(1) Olcott's MS. letter. (2) Assembly records. (3) [Narrative of the cap-
¦tivity . of Mrs. Johnson, in the Collections of Farmer and Moore for 1822, vol.
i. 177—239.] (4) Shirley's MS. letters. (5) Massachusetts Records.
* [Colonel Blanchard was of Dunstable, where he was born 11 February,
1705. He was appointed by mandamus, one of the counsellors of New-Hamp-

1754.] PROVINCE. BENNING WENTWORTH. 313
river, to build a fort at Cohos, supposing it to be in their way to
Crown-Point. They first marched to Baker's town, where they
began to build batteaux, and consumed their time and provisions
to no purpose. By Shirley's advice, they quitted that futile em
ployment, and made a fatiguing march through the woods, by the
way of Number- Four, to Albany. Whilst Johnson lay encamped
at Lake George, with his other forces, he posted the New-Hamp
shire regiment at Fort Edward. On the eighth of September, he
was attacked in his camp, by Baron Dieskau, commanding a body
of French regular troops, Canadians and savages. On the morn
ing of that day, a scouting party from Fort Edward discovered
wagons burning in the road ; upon which Captain Nathaniel Fol-
som was ordered out, with eighty of the New-Hampshire regiment,
and forty of New-York under Captain McGennis. When they
came to the place, they found the wagoners and the cattle dead ;
but no enemy was there. Hearing the report of guns, toward the
lake, they hasted thither ; and having approached within two miles,
found the baggage of the French army, under the care of a guard,
whom they attacked and dispersed. When the retreating army
of Dieskau appeared, about four of the clock in the afternoon,
Folsom posted his men among the trees, and kept up a well di
rected fire, till night ; the enemy retired, with great loss, and he
made his way to the camp, carrying his own wounded, and several
French prisoners, with many of the enemy's packs.1 This well-
timed engagement, in which but six men on our side were lost,
deprived the French army of their ammunition and baggage ;
the remains of which were brought into camp the next day. 2
After this, the regiment of New-Hampshire joined the army.
The men were employed in scouting, which service they perform
ed in a manner so acceptable, that no other duty was required of
them. Parties of them frequently went within view of the French
fort at Crown-Point ; and at one time they brought off the scalp
of a French soldier, whom they killed near the gate.3
After the engagement on the 8th of September, when it was
found necessary to reinforce the army, a second regiment, of three
hundred men, was raised in New-Hampshire, and put under the
command of Colonel Peter Gilman. These men were as alert,
and indefatigable as their brethren, though they had not opportu
nity to give such convincing evidence of it. The expedition was
no farther pursued ; and late in autumn the forces were disbanded
and returned home.
(1) Folsom's information. (2) Johnson's printed letter. (3) Atkinson's
MS. letters.
shire in 1740, and sustained the office until his death, 7 April, 1758. He was
distinguished as a land surveyor, and in conjunction with Rev. Samuel Lang-
don, prepared a map of New-Hampshire, which was published in 1761, being
inscribed to the Hon. Charles Townsend, his majesty's secretary at war, and,
one of the privy council.]
42

314 HISTORY OF NEW-HAMPSHIRE. [1755.
The exertions made for the reduction of Crown-Point, not
only failed of their object, but provoked the Indians, to execute
their mischievous designs, against the frontiers of New-Hamp
shire ; which were wholly uncovered, and exposed to their full
force. Between the rivers Connecticut and St. Francis, there is
a safe and easy communication by short carrying-places, with
which they were perfectly acquainted. The Indians of that river,
therefore, made frequent incursions, and returned unmolested
with their prisoners and booty.
At New-Hopkinton, they took a man and a boy ; but perceiv
ing the approach of a scouting party, they fled and left their cap
tives. At Keene, they took Benjamin Twitchel, and at Walpole
they killed Daniel Twitchel, and a man named Flint.*1 At the
same place, Colonel Bellows, at the head of twenty men met
with a party of fifty Indians ; and having exchanged some shot,
and killed several of the enemy, he broke through them and got
into the fort ; not one man of his company being killed or wound
ed, f After a few days, these Indians, being joined by others to
the number of one hundred and seventy, assaulted the garrison of
John Kilburn, in which were himself, John Peak, two boys and
several women ; who bravely defended the house and obliged the
enemy to retire, with considerable loss. Peak was mortally
wounded.2 J Some of these Indians joined Dieskau's army, and
(1) Sumner's MS. letter. (2) Fessenden'a MS. letter.
* [They had gone back to the hills, about a mile east from the settlement,
to procure some timber for oars. One of them was scalped ; the other they
cut open and took out his heart, cut it in pieces and laid them on his breast,
Their bodies were buried near where they were found ; and a ridge of land,
the west side of the road, about two miles north of Walpole village, towards
Drewsville, points out the spot hallowed by the remains of the first victims of
Indian massacre in the town of Walpole. Coll. N. H. Hist. Soc. ii. 51,52.]
t [It appears that Colonel Bellows and his men were returning home, each
having a bag of meal on his back. From the motions of the dogs, they sus
pected the near approach of the enemy. The colonel ordered all his men to
throw off the meal, advance to an eminence before them, carefully crawl up
the bank, spring upon their feet, give one whoop, and then drop into the
sweet fern. This manoeuvre had the desired effect; for as soon as the whoop
was given, the Indians all arose from their ambush in a semicircle around the
path Bellows was to follow. His men immediately fired which so disconcert
ed the plans and expectations of the Indians, that they darted away into the
bushes without firing a gun. Finding their number too great for his, the col
onel ordered his men to file off to the south and make for the fort. Ibid. ii.
55, 56.]
X [The defence of Kilburn's garrison, of which a particular account is given
in the Coll. N. H. Hist. Soc. ii. 55 — 57, was one of the most heroic and suc
cessful efforts of personal courage and valor recorded in the annals of Indian
warfare. The number of Indians was about 200, some accounts say 400,
against whom, John Kilburn, his son John, in his 18th year, John Peak (whose
name was erroneously printed Pike in the former editions) and his son, and
the wife and daughter of Kilburn, were obliged to contend for their lives. —
The leader of the Indians, named Philip, was well acquainted with Kilburn,
and having approached near the garrison and secured himself behind a tree,
called out to those in the house to surrender. " Old John, young John," said
he, " I know you, come out here : — We give yougood quarter." " Quarter,"

1755.] PROVINCE. BENNING WENTWORTH. 315
were in the battle at Lake George. At Number-Four, they killed
a large number of cattle, and cut off the flesh. At Hinsdale,
they attacked a party, who were at work in the woods ; killed
John Hardiclay and John Alexander, and took Jonathan Colby.
The others escaped to the fort. Within a few days afterward,
they ambushed Caleb Howe, Hilkiah Grout, and Benja-
min Gaffield, as they were returning from their labor in u y
the field. Howe was killed ; Gaffield was drowned in attempting
to cross the river ; and Grout made his escape. The Indians
went directly to Bridgman's fort, where the families of these un
fortunate men resided. They had heard the report of the guns,
and were impatient to learn the cause. By the sound of feet
without, it being in the dusk of the evening, they concluded that
their friends had returned, and too hastily opened the gate to re
ceive them ; when to their inexpressible surprise, they admitted
the savages, and the three families, consisting of fourteen persons,
were made captives.*1
After the defeat and death of Braddock, the chief command
of the operations against the enemy fell into the hands of Shirley ;
(1) Gay's MS. letter.
vociferated Kilburn, with a voice of thunder, " you black rascals, begone, or
we'll quarter you." The Indians soon rushed forward to the attack, but were
repulsed by Kilburn and his men, who were aided by the females in running
bullets and in loading their guns, of which they had several in the house.
All the afternoon, one incessant firing was kept up till near sundown, when
the Indians began to disappear ; and as the sun sunk behind the western hills,
the sound of the guns, and the cry of the war whoop died away in silence. —
Peak, by an imprudent exposure before the port hole, received a ball in his
hip, which, for want of surgical aid, proved fatal on the 5th day. Kilburn
lived to see the town of Walpole populous and flourishing, and his fourth
generation on the stage. On a plain unpolished stone in Walpole burying
ground is the following inscription :
" In Memory of
JOHN KILBURN,
who departed this life for a better, April 8th, 1789,
in his 85th year of his age. He was the first
settler of this town in 1749."
His son John spent the last years of his life in the town of Shrewsbury,
Vermont, and died in 1822, at the same age of his father. Ibid. ii. 55 — 58.
Rev. Mr. Fessenden in the letter referred to, says, " but four families settled
in town until after the reduction of Canada."]
* One of these, the wife of Caleb Howe, was the fair captive, of whom such
a brilliant account is given in the life of General Putnam, published by Col
onel Humphreys. She is still living at Hinsdale, and has obliged the author
with a particular narrative of her sufferings and deliverance. This account,
drawn up by the Rev. Mr. Gay, is too long to be here inserted, and too enter
taining to be abridged ; but will probably be published at some future time.
[It appeared in the appendix to the iii. volume.] As to that part of the story,
that the people of Hinsdale chose her to go to Europe, as their agent in a case
of disputed lands ; it was never known or thought of by them till the life of
Putnam appeared in print. Gay's MS. letter. [Eunice, the wife of Benja
min Gaffield, after having been carried to Canada and sold to the French, was
sent to France, from thence to England, and from England to Boston. (News
paper.) She afterwards married a Mr. Pratt, and lived until the present year
(1830) when she died at Dana, in Massachusetts, at the age of 97.]

316 HISTORY* OF NEW-HAMPSHIRE. [1766.
who called another congress, at New- York, and planned another
expedition against Crown-Point ; for which purpose, he called on
the several governments to raise men and provide stores. A regi
ment was raised in New-Hampshire, the command of which was
given to Colonel Nathaniel Meserve.1 They also appointed two
commissioners, Peter Gilman and Thomas Westbrooke Waldron,
who resided at Albany, to take care of the stores, whilst the regi
ment, with the other troops, assisted in building forts and batteaux.
In the midst of this campaign, Shirley was superseded by the
Earl of Loudon ; but the summer passed away in fruitless labor;
whilst the French, by their superior alertness, besieged and took
the English fort at Oswego ; and the regiments of Shirley and
Pepperell, who garrisoned it, were sent prisoners to France. 2
During this summer, the Indians killed Lieutenant Moses Willard,
and wounded his son, at Number-Four ; and took Josiah Foster,
with his wife and two children, from Winchester. They also
wounded Zebulon Stebbins, of Hinsdale, who, with Reuben
Wright, discovered an ambush, and prevented the captivity of
several persons for whom the Indians were lying in wait.3
The soldiers of New-Hampshire were so expert, in every ser
vice which required agility, and so habituated to fatigue and dan
ger ; that, by the express desire of Lord Loudon, three ranging
companies were formed of them ; who continued in service during
the winter as well as the summer.4 The command of these com
panies was given to Robert Rogers, John Stark, and William
Stark. They were eminently useful in scouring the woods, pro
curing intelligence, and skirmishing with detached parties of the
enemy. These companies were kept during the war, in the pay
of the crown ; and after the peace, the officers were allowed half
pay on the British establishment.*
(1) Shirley's letters. (2) July 25— Loudon's MS. letters. (3) Gay, Sum
ner and Olcott's MS. letters. (4) Lord Loudon's MS. letters.
* [1756. From this period is to be dated the first introduction of printing in
the province of New-Hampshire. A printing press was set up at Portsmouth in
August, this year, by Daniel Fowle, from Boston, and the New-Hampshire
Gazette was issued by him on the seventh of October following. Dr. Thom
as in his History of Printing, vol. ii. p. 280, thus speaks of the establishment
of the Gazette. "A Press having been established at Portsmouth, by Dan
iel Fowle, from Boston, he', in August, 1756, began the publication of a pub
lic journal, entitled the New-Hampshire Gazette." From the circumstance
that the head of the first number of the Gazette, with the date, (August) is
given by Dr. Thomas, it might be supposed he had seen that number, or that
some one who had seen it, had copied the head of it for him, with the true
date. But the time given by him is evidently wrong, as will appear from the
following printed note from Ames's Almanack for 1757, which was issued
from the same press the same year the Gazette commenced. " The first
Printing Press set up in Portsmouth, New-Hampshire, was on August
1756 ; The Gazette published the 7th October ; and this Almanack November
following." This paper is still continued and is the oldest in New-England.
The number for 12 October, 1830, is marked Vol. LXXV. No. 48. About-
eighty different newspapers have been published in New-Hampshire. Some
of them have had a very brief existence, while others have attained a respect-

1757.] PROVINCE. BENNING WENTWORTH. 317
The next year, another Crown-Point expedition was projected
by Lord Loudon. The crown was at the expense of stores
and provisions, and required of the colonies, to raise, arm, 17c7
clothe, and pay their quotas of men. Another regiment
was raised in New-Hampshire, of which Meserve was command
er ; who went to Halifax with part of his regiment, a body of one
hundred carpenters, and three companies of rangers, to serve un
der Lord Loudon, whilst the other part of the regiment under
Lieutenant-Colonel Goffe, was ordered by General Webb, who
commanded at the westward, in the absence of the Earl of Lou
don, to rendezvous at Number-Four. Before their arrival, a
large party of French and Indians attacked the mills in that place,
and took Sampson Colefax, David Farnsworth and Thomas Ad
ams.1 The inhabitants, hearing the guns, advanced to the mills ;
but finding the enemy in force, prudently retreated. The enemy
burned the mills ; and in their retreat, took two other men, who
were coming in from hunting, viz. Thomas Robbins and Asa Spaf-
ford. Farnsworth and Robbins returned ; the others died in
Canada. Goffe with his men marched through Number-Four and joined
General Webb at Albany ; who posted them at Fort William Hen
ry, near Lake George, under the command of Colonel Munroe,
of the thirty-fifth British regiment. The French General Mont
calm, at the head of a large body of Canadians and Indians, with
a train of artillery, invested this fort ; and in six days, the
garrison, after having expended all their ammunition, ca- g'
pitulated ; on condition that they should not serve against the
French for eighteen months. They were allowed the
honors of war, and were to be escorted by the French ug'
troops to Fort Edward, with their private baggage. The Indians,
who served in this expedition, on the promise of plunder, were
enraged at the terms granted to the garrison ; and, as they march
ed out unarmed, fell upon them, stripped them naked, and mur
dered all who made any resistance. The New-Hampshire regi
ment happening to be in the rear, felt the chief fury of the ene
my. Out of two hundred, eighty were killed and taken.2
(1) Olcott's MS. letters. (2) New-Hampshire Gazette, No. 49.
able age. The three oldest, next to the Gazette, now published, are the-
Portsmouth Journal, marked on the 3 July, 1830, No. 27, Vol. XLI ; the New-
Hampshire Sentinel, printed at Keene, which commenced in March, 1799 y
and the Farmer's Cabinet, published at Amherst, which commenced 11 Nov
ember, 1802. The number of newspapers now (1830) printed in the state
amounts to nineteen.
1756. Ezekiel Flanders and Edward Emery were killed by the Indians,
when hunting beaver by New-found pond, between Bristol and Hebron, in
the county of Grafton. The Indians afterwards informed, that one of them
was shot when skinning a beaver in a camp, and the other shot at the same-
time, in sight of the camp, bringing in a beaver on his back. The next year,.
Moses Jackman, of Boscawen, who it is believed is still living, was taken
captive while on a visit at Mr. Clough's in Canterbury. He'returned after a
captivity of four years. Price, Hist, of Boscawen, 114, 115.J

318 HISTORY OF NEW-HAMPSHIRE. [1757.
This melancholy event threw the whole country into the deep
est consternation. Webb, who remained at Fort Edward, ex
pecting to be there attacked, sent expresses to all the provinces
for reinforcements. The French, however, did not pursue their
advantage, but returned to Canada. A reinforcement of two
hundred and fifty men was raised in New-Hampshire, under the
command of Major Thomas Tash ;* which, by the orders of
General Webb, was stationed at Number-Four. This was the
first time that the troops of New-Hampshire occupied that im
portant post.1
Hitherto the war had been, on our part, unsuccessful. The
great expense, the frequent disappointments, the loss of men, of
forts, and of stores, were very discouraging. The enemy's coun
try was filled with prisoners, and scalps, private plunder, and pub
lic stores and provisions, which our people, as beasts of burden,
had conveyed to them. These reflections were the dismal enter
tainment of the winter. The next spring called for fresh exer
tions ; and happily for America, the British ministry had been
changed, and the direction of the war, in answer to the united
voice of the people of England, was put into the hands of that
decisive statesman, William Pitt.
In his circular letter to the American governors, he assured
them ; that to repair the losses and disappointments of the last
. _._„ inactive campaign, it was determined to send a formidable
force, to operate by sea and land, against the French in
America ; and he called upon them to raise ' as large bodies of
' men, within their respective governments, as the number of in-
' habitants might allow ;' leaving it to them, to form the regiments
and to appoint officers at their discretion.2 He informed them
that arms, ammunition, tents, provisions, and boats would be fur
nished by the crown ; and he required the colonies to levy, clothe
and pay their men ; assuring them that recommendations would
be made to parliament ' to grant them a compensation.'
Notwithstanding their former losses and disappointments, the
assembly of New-Hampshire, on receiving this requisition, cheer
fully voted eight hundred men for the service of the year.3 The
regiment commanded by Colonel John Hart, marched to the west
ward, and served under General Abercrombie. A body of one hun
dred and eight carpenters, under the conduct of Colonel Meserve,
embarked for Louisburg, to serve at the second siege of that for
tress, under General Amherst. Unhappily the small pox broke
out among them, which disabled them from service ; all but six-
(1) MS. letters of Governor Wentworth. (2) Original MS. (3) Govern
or's proclamation, April 1.
* [Major Thomas Tash was born in Durham in 1722. He was a brave offi
cer in both the French and Revolutionary wars. At the close of the latter,
he removed to New-Durham, where he died at the age of 87. Gazetteer of
New-Hampshire, 195.]

1758.] PROVINCE. BENNING WENTWORTH. 3! 9
teen were seized at once, and'these attended the sick.1 Meserve*
and his eldest son died of this fatal disorder. This year was re
markable for the second surrender of Louisburg ; the unfortunate
attack on the lines of Ticonderoga, where Lord Howe was killed ;
the taking of Fort Frontenac by Colonel Bradstreet, and the de
struction of Fort du Quesne on the Ohio, the contention for
which, began the war.f
In the course of this year, the Indians continued lo infest the
frontiers. At Hinsdale, they killed Captain Moore, and his son ;
took his family and burned his house. At Number-Four, thev
killed Asahel Stebbins, and took his wife, with Isaac Parker and
a soldier. The cattle of this exposed settlement, which fed
chiefly in the woods, at a distance from the fort, often served the
enemy for provisions.2
The next year, a similar requisition being made by Secretary
Pitt, New-Hampshire raised a thousand men for the ser
vice, who were regimented under the command of Colon-
el Zaccheus Lovewell, son of the famous partisan, who lost his
life at Pequawket. J This regiment joined the army at the west
ward, and served under General Amherst in the actual reduction
of Ticonderoga and Crown-Point, and in building a new fortress
at the last place. The success of this summer was brilliant, be
yond former example. The French fort at Niagara surrendered
to General Johnson ; and the strong city of Quebec was taken by
the British troops under General Wolfe, who, with the French
General Montcalm, was slain in the decisive battle.
When the British arms had obtained a decided superiority over
the French, it was determined to chastise the Indians who had
committed so many devastations on the frontiers of New-
England. Major Robert Rogers§ was despatched from ep '
(1) Amherst's printed journal, June 28. (2) Gay's and Olcott's MS. letters.
* Colonel Meserve, was a gentleman of a fine mechanical genius. Being a
shipwright by profession, he attained to eminence in his business, and acquired
a handsome fortune. His moral and social character was unblemished, and
in the military line, he was highly respected. The Earl of Loudon had such
a sense of his merit, as to present him a piece of plate, with an inscription,
acknowledging ' his capacity, fidelity, and ready disposition, in the service of
his country.' New-Hampshire Gazette, No. 97.
t [This important fortress was taken by the English on the 25 November,
and in compliment to the popular minister of England at that time, was called
Pittsburg.] I [Colonel Zaccheus Lovewell was a brother of Captain John Lovewell, the
hero of Pequawket. See Collections of Farmer and Moore, ii. 64.]
§ [Major Rogers after the peace went to England, and published his jour
nals of this war, in London in 1765. He also published a Concise Account
of North America in 8vo. London 1765. In the Revolution he espoused the
side of the British, and was included in the act passed by the General Court
of New-Hampshire, 19 November, 1778, " to prevent the return to this State
of certain persons therein named, and of others who have left, or shall leave
this State, or either of the United States of America, and have joined, or shall
join the enemies thereof."]

320 HISTORY OF NEW-HAMPSHIRE. [1759.
Crown-Point by Gen. Amherst, with about two hundred rangers, to
destroy the Indian village of St. Francis. After a fatiguing
march of twenty-one days, he came within sight of the place,
which he discovered from the top of a tree, and halted his
' men at the distance of three miles. In the evening, he
entered the village in disguise with two of his officers. The In
dians were engaged in a grand dance, and he passed through
them undiscovered. Having formed his men into parties, and
posted them to advantage ; he made a general assault, just before
day, whilst the Indians were asleep. They were so completely
surprised that little resistance could be made. Some were killed
in their houses ; and of those who attempted to flee, many were
shot or tomahawked by parties placed at the avenues. The dawn
of day disclosed a horrid scene ; and an edge was given to the
fury of the assailants by the sight of several hundred scalps of
their countrymen, elevated on poles, and waving in the air. J
This village had been enriched with the plunder of the frontiers
and the sale of captives. The houses were well furnished, and
the church was adorned with plate. The suddenness of the at
tack, and the fear of a pursuit, did not allow much time for pil
lage ; but the rangers brought off such things as were most con
venient for transportation ; among which were about two hundred
guineas in money, a silver image weighing ten pounds, a large
quantity of wampum and clothing. Having set fire to the village,
Rogers made his retreat up the river St. Francis, intending that
his men should rendezvous at the upper Cohos, on Connecticut
river. They took with them five English prisoners, whom they
found at St. Francis, and about twenty Indians ; but these last
they dismissed. Of the rangers, one man only was killed ; and
six or seven were wounded. In their retreat, they were pursued,
-and lost seven men. They kept in a body for about ten days,
passing on the eastern side of lake Memphremagog, and then scat
tered. Some found their way to Number-Four, after having suf
fered much by hunger and fatigue. Others perished in the
woods, and their bones were found near Connecticut river, by the
people, who after several years began plantations at the upper
Cohos. After the taking of Quebec, the remainder of the season was
itoo short to complete the reduction of Canada. The next sum-
,„,.., mer, General Amherst made preparations to approach
Montreal, by three different routes ; intending, with equal
prudence and humanity, to finish the conquest, without the effu
sion of blood. For the service of this year, eight hundred men
were raised in New-Hampshire, and put under the command of
Colonel John Goffe. They marched, as usual, to Number-
Four ; but instead of taking the old route, to Albany, they cut a
(1) NewHampshire Gazette, No. 165.

1760.] PROVINCE. BENNING WENTWORTH. 321
road* through the woods, directly toward Crown-Point. In this
work, they made such despatch, as to join that part of the .
army which Amherst had left at Crown-Point, twelve " y '
days before their embarkation. They proceeded down the lake,
under the command of Colonel Haviland. The enemy made
some resistance at Isle au Noix, which stopped their pro
gress for some days, and a few men were lost on both s
sides.1 But this post being deserted, the forts of St. John and
Chamblee became an easy conquest, and finally Montre
al capitulated. This event finished the campaign, and *'
crowned Amherst with deserved laurels.f
Whilst the New-Hampshire regiment was employed in cuttin°-
the new road, signs of hovering Indians were frequently discover
ed, though none were actually seen. But they took the family of
Joseph Willard, from Number-Four, and carried them into Mon
treal just before it was invested by the British army.2
The conquest of Canada, gave peace to the frontiers of New-
Hampshire, after a turbulent scene of fifteen years ; in which,
with very little intermission, they had been distressed by the ene
my. Many captives returned to their homes ; and friends who
had long been separated, embraced each other in peace. The
joy was heightened by this consideration, that the country of Can
ada, being subdued, could no longer be a source of terror and
distress. The expense of this war, was paid by a paper currency. —
Though an act of parliament was passed in 1751, prohibiting the
governors, from giving their assent to acts of assembly, made for
such a purpose ; yet by a proviso, extraordinary emergencies
were excepted. Governor Wentworth was slow to take advan
tage of this proviso, and construed the act in a more rigid sense
than others ; but his friend Shirley helped him out of his difficul
ties. In 1755, paper bills were issued under the denomination
of new tenor ; of which, fifteen shillings were equal in value to
one dollar. Of this currency, the soldiers were promised thirteen
pounds ten shillings per month ; but it depreciated so much in the
course of the year, that in the muster rolls, their pay was made
(1) Macclintock's MS. journal. (2) Olcott's MS. letter.
* This new road began at Wentworth's ferry, two miles above the fort at
No. 4, and was cut 26 miles ; at the end of which, they found a path, made
the year before ; in which they passed over the mountains, to Otter-Creek ;
where they found a good road, which led to Crown-Point. Their stores were
brought in wagons, as far as the 26 miles extended ; and then transported on
horses over the mountains. A drove of cattle for the supply of the army
went from No. 4, by this route, to Crown-Point.
t [1760. The towns of Amherst, Peterborough, Hawke, Boscawen, and
Bath were incorporated. Peterborough had been settled as early as 1739, by
a small number of Scotch Presbyterians. See an account of this town in
Farmer and Moore's Collections, i. 129 — 140. Amherst, Peterborough and
Boscawen had many years before been granted by Massachusetts.]
43

322 HISTORY OF NEW-HAMPSHIRE. [1760.
up at fifteen pounds. In 1756, there was another emission from
the same plates, and their pay was eighteen pounds. In 1757, it
was twenty-five pounds. In 1758, they had twenty-seven shill
ings sterling. In the three succeeding years, they had thirty
shillings sterling, besides a bounty at the time of their enlistment,
equal to one month's pay.1 At length, sterling money became
the standard of all contracts ; and though the paper continued
passing as a currency, its value was regulated by the price of
silver, and the course of exchange.
It ought to be remembered as a signal favor of divine provi
dence, that during this war, the seasons were fruitful, and the
colonies were able to supply their own troops with provisions, and
the British fleets and armies with refreshments of every kind
.„fir which they needed. No sooner were the operations of
the war in the northern colonies closed, than two years of
scarcity succeeded; (1761 and 1762) in which the drought of
summer was so severe, as to cut short the crops, and render
supplies from abroad absolutely necessary. Had this calamity
attended any of the preceding years of the war, the distress must
have been extreme, both at home and in the camp. During the
drought of 1761, a fire raged in the woods, in the towns of Bar
rington and Rochester, and passed over into the county of York,
burning with irresistible fury for several weeks, and was not ex
tinguished till a plentiful rain fell, in August. An immense quan
tity of the best timber was destroyed by this conflagration.*
For the succeeding part of the war, a smaller body of men was
required to garrison the new conquests ; whilst the British troops
1 762 were eraPloyed >n die West India islands. The success
which attended their operations in that quarter, brought
the war to a conclusion ; and by the treaty of peace, though
many of the conquered places were restored, yet, the whole con
tinent of North-America remained to the British crown, and the
colonies received a reimbursement of their expenses.
The war being closed, a large and valuable tract of country,
situated between New-England, New- York and Canada, was
secured to the British dominions ; and it became the interest of
the governors of both the royal provinces of New-Hampshire and
New- York, to vie with each other, in granting this territory and
receiving the emoluments arising from this lucrative branch of
their respective offices. The seeds of a controversy on this
subject had been already sown. During the short peace which
(1) Atkinson's MS. letters.
* [1761. The towns of Campton, Canaan, Dorchester, Enfield, Goffstown,
Grantham, Groton, Hanover, Hplderness, Lebanon, Lempster, Lyman,
Lyme, Marlow, Newport, Orford, Plainfield and Rumney were incorporated
by separate charters.
1762. Wilton, New-Ipswich and New-Durham were incorporated.]

1762.] PROVINCE. BENNING WENTWORTH. 323
followed the preceding war, Governor Wentworth wrote to Gov
ernor Clinton, that he had it in command from the king, 174q
to grant the unimproved lands within his government;
that the war had prevented that progress, which he had T' '
hoped for in this business ; but that the peace had induced many
people, to apply for grants in the western parts of New-Hamp
shire, which might fall in the neighborhood of New- York.1 He
communicated to him a paragraph of his commission, describing
the bounds of New-Hampshire, and requested of him a description
of the bounds of New-York.2 Before he received any answer to
this letter, Wentworth, presuming that New-Hampshire ought to
extend as far westward as Massachusetts ; that is, to the distance
of twenty miles east from Hudson's river, granted a township, six
miles square, called Bennington ; situate twenty-four miles - „-„
east of Hudson's river, and six miles north of the line of
Massachusetts. Clinton having laid Wentworth's letter before the
council of New- York ; by their advice answered him, that the
province of New-York was bounded easterly by Connecticut
river.3 This claim was founded on a grant of King Charles the
Second ; in which, ' all the land from the west side of Connecti-
' cut river, to the east side of Delaware bay,' was conveyed to his
brother James, duke of York ; by whose elevation to the throne,
the same tract merged in the crown of England, and descended
at the revolution to King William and his successors. The prov
ince of New- York had formerly urged this claim against the colony
of Connecticut; but for prudential reasons had conceded that the
bounds of that colony should extend, as far as aline drawn twenty
miles east of Hudson's river. The like extent was demanded
by Massachusetts ; and, though New- York affected to call this
demand ' an intrusion,' and strenuously urged their right to extend
eastward to Connecticut river ; yet the original grant of Massa
chusetts, being prior to that of the duke of York, was a barrier
which could not easily be broken. These reasons, however, it
was said, could be of no avail to the cause of New-Hampshire,
whose first limits, as described in Mason's patent, did not reach
to Connecticut river ; and whose late extent, by the settlement of
the lines in 1741, was no farther westward than ' till it meets with
' the king's other governments.' Though it was agreed, between
the two governors, to submit the point in controversy to the king ;
yet the governor of New-Hampshire, continued to make grants,
on the western side of Connecticut river, till 1754; when j754<
the renewal of hostilities not only put a stop to applications ;
but prevented any determination of the controversy by the crown.
During the war, the continual passing of troops through those
lands, caused the value of them to be more generally known ;
(1) Council Minutes. (2) New- York printed Narrative. Appendix, No. 3.
(3) New-Hampshire book of Charters.

324 HISTORY OF NEW-HAMPSHIRE. [1754.
and when by the conquest of Canada, tranquillity was restored,
they were eagerly sought by adventurers and speculators. Went
worth availed himself of this golden opportunity, and by advice of
his council, ordered a survey to be made of Connecticut river for
sixty miles, and three lines of townships on each side, to be laid
_r out. As applications increased, the surveys were extend-
" ed. Townships of six miles square were granted to va-
July1' rious petitioners; and so rapidly did this work go on, that
during the year 1761, not less than sixty townships were granted
on the west, and eighteen on the east side of the river. Besides
the fees and presents for these grants, which were undefined, a
reservation was made for the governor, of five hundred acres in
each township ; and of lots for public purposes.* These reser
vations were clear of all fees and charges.1 The whole number
7f „ of grants on the western side of the river, amounted to one
' hundred and thirty-eight ; and the extent was from Con
necticut river to twenty miles east of Hudson, as far as that river
extended northerly ; and after that, westward to lake Champlain.
The rapid progress of these grants filled the coffers of the governor.
Those who had obtained the grants were seeking purchasers in
all the neighboring colonies ; whilst the original inhabitants of
New-Hampshire, to whom these lands had formerly been prom
ised, as a reward for their merit in defending the country, were
(1) Atkinson's MS.
* [In most of the townships there was a reservation of a glebe of 350 acres,
although there were but few Episcopalians in the province. Fram a letter of
Rev. Ranna Cossit, written about the year 1773, some opinion may be-fdrmed
respecting the condition of the Episcopal church in the western part of New-
Hampshire at that period. He says there were " church people settled scat
tering for above 150 miles on Connecticut river. The nearest of these to any
clergyman is more than 130 miles. There are fourtowns in which the church
people have met together the summer past, and read prayers and the best
printed sermons they could get. The first of these towns is Alstead, where
I assisted them two Sundays. They were very poorly furnished with prayer
books and all others, and begged me to ask the society to give them some;
they being newly settled, were unable to buy. The next is Claremont, about
30 miles above, where Esq. [Samuel] Cole, the society's schoolmaster hath
instructed so well in the church service, and likewise in singing, thatl must
say I never was at any place, where I thought divine service was performed
with greater decency and sincerity. Seven miles west of this is Springfield,
in New- York government, where sundry families of the establishment meet
and read prayers, but are very poorly furnished with books. Twenty-four
miles above, Dr. Wheelock hath a college, and informs the church people
that he will supply them with ministers. There is a considerable number of
church people opposite Dr. Wheelock on N. York side of the river, and some
on the same side with him, who constantly meet and read prayers among
themselves. Forty miles above this is Haverhill, where the summer past
they read prayers, and here, Gov. Wentworth intended I should make my
head quarters, if it pleased the society to make me their missionary in those
parts. Here they are poorly furnished with books and desired me to beg the
society to give them some." Mr. Cossit sailed for England for holy orders
in December, 1772, and was ordained the next year by the bishop of London.
He settled at Claremont as the first Episcopal minister of that place, from
whence lie was recalled by the bishop to the island of Cape-Breton in 1785.
He died at Yarmouth in Nova-Scotia in 1815, aged 75.]

1763.] PROVINCE. BENNING WENTWORTH. 325
overlooked in the distribution ; unless they were disposed to apply
in the same manner, as persons from abroad ; or unless they
happened to be in favor. When remonstrances were made to the
governor on this subject, his answer was, that the people of the
old towns had been formerly complimented with grants in Chi
chester, Barnstead and Gilmanton,* which they had neglected to
improve ; and that the new grantees were better husbandmen and
would promote the cultivation of the province.1
The passion for occupying new lands rose to a great height.
These tracts were filled with emigrants from Massachusetts and
Connecticut. Population and cultivation began to increase with
a rapidity hitherto unknown ; and from this time may be dated
the flourishing state of New-Hampshire ; which before had been
circumscribed and stinted in its growth, by the continual danger
of a savage enemy. f
The grants on the western side of Connecticut river, alarmed
the government of New- York ; who, by their agent, made appli
cation to the crown, representing ' that it would be greatly to the
' advantage of the people settled on those lands, to be annexed to
' New- York ;' and submitting the cause to the royal decision. 2
In the mean time, a proclamation was issued by Lieuten- D ^
ant-Governor Colden, reciting the grant of King Charles
to the duke of York; asserting the jurisdiction of New- York as
far eastward as Connecticut river ; and enjoining the sheriff of
the county of Albany, to return the names of all persons, who,
under color of the New-Hampshire grants, held possession of
lands westward of that river. This was answered by a . „fi .
proclamation of Governor Wentworth, declaring the grant Mar 13'
to the duke of York to be obsolete, and that the western
bounds of New-Hampshire were co-extensive with those of Mas
sachusetts and Connecticut; encouraging the grantees to maintain
their possessions, and cultivate their lands ; and commanding civil
officers to execute the laws and punish disturbers of the peace.
The application from New- York was referred to the board of
trade ; and upon their representation, seconded by a report of a
committee of the privy council, an order was passed, by Ju[ 20
the king in council ; declaring ' the western banks of Con-
' necticut river, from where it enters the province of Massachu-
' setts-Bay, as far north as the forty-fifth degree of latitude, to be
(1) Information of the late P. Gilman and M. Weare. (2). Ethan Allen's
Narrative, 1774, p. 1.
* [This town was granted in 1727 to 24 persons of the name of Gilman and
152 others. Its permanent settlement did not commence until 27 December,
1761. See Coll. of Farmer and Moore, i. 72—79.]
t [1763. The towns of New-Boston, Haverhill, Croydon, Cornish, Thorn
ton, Warren, Plymouth, Lancaster, Alstead, Peeling, Sandwich, Candia, Gil-
sum and Wentworth were incorporated.
1764. Claremont, Unity, Lincoln, Coventry, Franconia, Poplin, Lynde-
borough, Weare, Piermont and Newington were incorporated.]

326 HISTORY OF NEW-HAMPSHIRE. [1764.
' the boundary line, between the two provinces of New-Hamp-
' shire and New- York.'1
This decree, like many other judicial determinations, while it
closed one controversy, opened another. The jurisdiction of the
governor of New-Hampshire, and his power of granting land,
were circumscribed by the western bank of Connecticut river ;
but the grantees of the soil, found themselves involved in a dispute
with the government of New- York. From the words to be, in
the royal declaration, two very opposite conclusions were drawn.
The government supposed them to refer to the time past, and
construed them as a declaration that the river always had been
the eastern limits of New- York ; consequently, that the grants
made by the governor of New-Hampshire, were invalid, and that
the lands might be granted again. The grantees understood the
words in the future tense, as declaring Connecticut river from that
time to be the line of jurisdiction only, between the two provinces;
consequently that their grants, being derived from the crown,
through the medium of one of its governors, were valid. To the
jurisdiction, they would have quietly submitted, had no attempt
been made to wrest from them their possessions. These oppo
site opinions, proved a source of litigation for ten succeeding"
years ; but, as this controversy belongs to the history of New-
York, it is dismissed, with one remark only. That though it was
carried on with a degree of virulence, unfriendly to the progress
of civilization and humanity, within the disputed territory ; yet it
called into action, a spirit of vigorous self-defence, and hardy en
terprise, which prepared the nerves of that people for encounter
ing the dangers of a revolution, more extensive and beneficial.

CHAPTER XXHI.
Beginning of the controversy with Great-Britain. Stamp act. Resignation
of Benning Wentworth.
Fbom the earliest establishment of the American colonies, a
jealousy of their independence had existed among the people of
Great-Britain. At first, this apprehension was perhaps no more
than a conjecture founded on the vicissitude of human affairs, or
on their knowledge of those emigrants who came away from
England, disgusted with the abusive treatment which they had
endured at home. But from whatever cause it arose, it was
strengthened by age ; and the conduct of the British government
(1) Original MS.

1760.] PROVINCE. BENNING WENTWORTH. 337
toward America, was frequently influenced by it. In the reign
of James the First, ' speculative reasoned raised objections to
* the planting of these colonies; and foretold, that after draining
'' the mother country of inhabitants, they would shake off her yoke
' and erect an independent government.'1 Some traces of this
jealousy appeared in every succeeding reign, not excepting that
of William, whom America, as well as Britain, was proud to style
' our great deliverer.' But it became most evident, and began
to produce its most pernicious effects, at a time when there was
the least reason for indulging the idea.
During the administration of Pitt, a liberal kind of policy had
been adopted toward the colonies ; which being crowned with
success, had attached us* more firmly than ever, to the kingdom
of Britain. We were proud of our connexion with a nation
whose flag was triumphant in every quarter of the globe ; and by
whose assistance we had been delivered from the danger of our
most formidable enemies, the French in Canada. The ,,-fin
accession of George the Third, at this critical and impor
tant era, was celebrated here, with as true a zeal and loyalty, as
in any part of his dominions. We were fond of repeating every
plaudit, which the ardent affection of the British nation bestowed
on a young monarch, rising to the throne of his ancestors, and
professing to ' glory in the name of Briton.' At such a time,
nothing could have been more easy, than by pursuing the system
of commercial regulation, already established, and continuing the
indulgencies which had been allowed, to have drawn the whole
profit of our labor and trade, into the hands of British merchants
and manufacturers. This would have prevented a spirit of enter
prise in the colonies, and kept us in as complete subjection and
dependence, as the most sanguine friend of the British nation
could have wished.
We had, among ourselves, a set of men, who, ambitious of
perpetuating the rank of their families, were privately seek- ¦, »go
ing the establishment of an American JVobility ; out of
which, an intermediate branch of legislation, between the royal and
democratic powers, should be appointed.2 Plans were drawn, and
presented to the British ministry, for new modeling our governments
and reducing their powers ; whilst the authority of parliament should
be rendered absolute and imperial. The military gentlemen of
Britain, who had served here in the war, and on whom, a pro
fusion of grateful attention had been bestowed, carried home re
ports of our wealth ; whilst the sons of our merchants and plant-
(1) Hume. (2) Bernard's select letters. Oliver's letters,
* Though it may be accounted a deviation from the proper style of history,
for the author to speak in the first person ; yet he hopes to be excused in ex
pressing the feelings of an American, whilst he relates the history of his own
time, and his own country.

328 HISTORY OF NEW-HAMPSHIRE. [1763.
ers, who went to England for their education, exhibited specimens
of prodigality which confirmed the idea. During the war, there
had been a great influx of money ; and at the conclusion of it,
British goods were largely imported ; by which means, the- cash
went back again with a rapid circulation.
In no age, perhaps, excepting that in which Rome lost her lib
erty, was the spirit of venality and corruption so prevalent as at
this time, in Britain. Exhausted by a long war, and disgraced
by a peace which deprived her of her most valuable conquests,
the national supplies were inadequate to the continual drain of
the exchequer.1 A new ministry, raised on the ruin of that by
which America was conquered and secured, looked to this coun
try as a source of revenue. But, neglecting the ' principles of
' law and polity,' which had been early suggested to them by an
officious correspondent; and by which they might have gradually
and silently extended their system of corruption into America ;
they planned measures by which they supposed an addition to the
revenues of Britain might be drawn from America ; and the
pretence was, ' to defray the expenses of protecting, defending
' and securing it.'2 The fallacy of this pretence was easily seen.
If we had not done our part toward the protection and defence of
our country, why were our expenditures reimbursed by parlia
ment ? The truth is, that during the whole war, we had exerted
ourselves beyond our ability ; relying on a'promise from a secre
tary of state, that it should be recommended to parliament to
make us compensation. It was recommended ; the compensation
was honorably granted, and gratefully received; The idea of
drawing that money from us again by taxes =to repay the charges
of our former defence, was unjust and inconsistent. If the new
conquests needed protection or defence, those who reaped the
gain of their commerce, or enjoyed the benefit of grants and offi
ces within those territories, might be required to contribute their
aid. Notwithstanding this pretext, it was our opinion, that the
grand object was to provide for dependents, and to extend the
corrupt and venal principle of crown influence, through every part
of the British dominions. However artfully it was thrown out,
that the revenue to be drawn from us would ease the taxes of our
brethren in Britain, or diminish the load of national debt ; it was
not easy for us to believe that the ministry had either of these
objects sincerely in contemplation. But if it had been ever so
equitable that we should contribute to discharge the debt of the
nation, incurred by the preceding war ; we supposed that the
monopoly and control of our commerce, which Britain enjoyed,
was a full equivalent for all the advantages, which we reaped
from our political connexion with her.
(1) History of the minority, 1765, page 286. (2) Bernard's select letters.

1763.] PROVINCE. BENNING WENTWORTH. 329
The same gazette, which contained the definitive treaty of
peace, announced the intentions of the British ministry to quarter
troops in America, and support them at our expense.1 The
money was to be raised by a duty on foreign sugar and molasses,
and by stamps on all papers legal and mercantile. These inten
tions were at first thrown out in the form of resolves, and after
ward digested into acts of parliament. The first of these _,..
acts, restricting the intercourse which the American colo
nies had enjoyed with the West-India islands, caused a general
Uneasiness and suspicion, but was viewed as a regulation of trade,
and was submitted to, though with reluctance. The effect of this
act was to call forth a spirit of frugality, particularly in the intro
duction of a less expensive mode of conducting funerals. Peti
tions and remonstrances were sen! to England by some of the
colonies; but instead of any redress, a new act of parliament was
made for raising a revenue by a general stamp duty through all
the American colonies. The true friends of constitutional liberty
now saw their dearest interests in danger ; from an assumption
of power in the parent state to give and grant the property of the
colonists at their pleasure. Even those who had been seeking
alterations in the colonial governments, and an establishment of
hereditary honors, plainly saw that the ministry were desirous of
plucking the fruit, before they had grafted the stock on which it
must grow.2 To render the new act less odious to us, some of
our fellow citizens were appointed to distribute the stamped paper,
which was prepared in England and brought over in bales. The
frainers of die act boasted that it was so contrived as to execute
itself ; becaus^no writing could be deemed legal without the
stamp ; and all controversies which might arise, were to be de
termined in the courts of admiralty, by a single judge, entirely
dependant on the crown.
This direct anrj, violent attack on our dearest privileges at first
threw us into a silent gloom ; and we were at a loss how to pro
ceed. Tqfubmit, was to rivet the shackles of slavery on ourselves
and our posterity. To revolt, was to rend asunder the most
endearing connexion, and hazard the resentment of a powerful
nation. In this dilemma, the house of burgesses m Vir- 1765>
ginia, passed sorrie' spirited resolves, asserting the rights of May 28'
their country, and denying the claim of parliamentary tax- ^^
ation. The assembly of Massachusetts proposed a con
gress of deputies from each colony, to consult upon our common
interest, as had frequently been practised in times of common
danger. Several speeches made in parliament by opposers of
the stamp-act were reprinted here ; in one of which the Ameri
cans were styled ' sons of liberty,' and the speaker3 ventured,
(1) New-Hampshire Gazette, May 27. (2) Bernard's select letters,—
(3) Colonel Barre.
44 '

330 HISTORY OF NEW-HAMPSHIRE. [1765.
*,'
from his personal knowledge of this country, to foretel our oppo
sition to the act.
The spirit of the Virginian resolves, like, an electric spark,
diffused itself instantly an4 universally ; and the cautious proposal
of Massachusetts was generally approved. " The anxious mind,
resting on the bold assertion of constitutional rights, looked forward
with pleasure, to the time when an American congress would
unite in a successful defence of them. The title ' sons of liberty,'
was eagerly adopted by associations in»every colony ; determining
to carry into execution theprediction of him, who with such noble
energy, had e*spoused the cause of our freedom. They began the
opposition at Boston ; by publicly exhibiting effigies of the enemies
of America, and obliging the stamp-officer to resign his employ
ment. The popular commotions in that town were afterward
carried to, an unjustifiable excess ; but the spirit of opposition
animated the body of the people in every colony.
The person appointed distributor of stamps for New-Hamp
shire, was George Meserve, 'son of thejate colonel, who died at
Louisburg. He received his appointment in England, and soon
after embarked for America, and arrived at Boston. Before he
g g landed, he was informed of the opposition which was
making to the act ; and that it would be acceptable to the
people if he would resign, which he readily did, and they wel-
g 1 13 corned him on shore. An exhibition of effigies at Ports*
' mouth had prepared the minds of the people there for his
ept' "reception ; and at his coming to town, he made a second
resignation, on the parade, f before he went to^shis own house.
Sept 30 '^mSr was accePtecl wJ>tn tne usual salutation ; and every
'one appeared to be satisfied with the success of the popu
lar measures. Soon after, the stamped paper destined for New-
Hampshire arrived at Boston in the same vessel with that intended
for Massachusetts ; but there being no person fin either province
who had any concern with it, it was, by the order of Governor
Bernard, lodged in the castle. %,,'
The stamp-act was to commence its operation on the first day
of November ; previously to which, the appointed congress was
formed at New- York, consisting of delegates Jfrorn the assemblies
of Massachusetts, Rhode-Island, Connecticut, T^ew-York, New-
Jersey, Pennsylvania, the Delaware counties, Maryland and
South-Carolina. Having, like the congress at Albany in 1754,
formed themselves in geographical order ; they framed a bill of
rights, for the colonies ; in which the sole power of taxation was
declared to be in their own assemblies. They prepared three
distinct addresses to the king, lords and commons, stating their
grievances, and asking for redress. These were subscribed by
the delegates of six colonies ; the others who were present were
not empowered to sign ; but reported their proceeding to their

1765.] PROVINCE. BENNING WENTWORTH. 331
constituents, who approved them in assembly, and forwarded their
petitions. No delegates went from New-Hampshire to this Con
gress ; but the assembly at their next meeting adopted the same
measures, and sent similar petitions to England, which they?com-
mitted to Barlow Tfecothick, their agent, and John Wentworth,
a young gentleman of Portsmouth, who was then in England, to
be by them presented tp the%ing and parliament.1 These meas
ures were the most respectful and prudent which could be devised ;
and were attended with some prospect of success from a change
which had been made in the British ministry.
In the mean time, the newspapers were filled with essays, in
which every plea for and against the new duties was amply dis
cussed. These vehicles of intelligence were doomed to be load
ed with a stamp ; and the printers felt themselves interested in
the opposition. On the last day of*October,the New-Hampshire
Gazette appeared with a mourning border. A body of people
from the country approached the town of Portsmouth, under an
apprehension that the stamps would be distributed ; but being
met, by a number from the town, and assured that no such thing
was intended, they quietly returned. The next day, the bells
tolled, and a funeral procession was made for the Goddess N ,
of Liberty ; but on depositing her in the grave, some signs
of life were supposed to be discovered, and she was-carried offin
triumph. By such exhibitions, the spirit of the populace was
kept up ; though the minds of the most thoughtful persons were
filled with anxiety. ¦-' j
It was doubtfuj, whether the courts of law could proceed with
out stamps ; and it was certain that none could be procured.
Some licentious persons began .to think that debts could not be
recovered, and that they might insult their creditors with impunity.
On the first appearance of this disorderly spirit, associations were
formed at Portsmouth, Exeter and other places, to support the
magistrates and preserve the peace. The fifth of November had
always been observed as a day of hilarity, in remembrance of the
powder-ploti On the following night, a strong guard was kept in
Portsmouth. By these precautions, the tendency to riot was
seasonably checked, and no waste of property or personal insult
was committed ; though some obnoxious characters began to
tremble for their safety.*
When Meserve arrived, the people supposed that he had brought
his commission with him, and were content that it should remain
iu his own hands, being rendered void by his resignation. But,
(1) Assembly Records.
* [1765. Raymond, Conway, Concord, the seat of government, and form
erly Penacook, Dunbarton and Hopkinton were incorporated.
1766. Deerfield, Burton, Eaton, Lee, Tamworth and Acworth were incor
porated.]

332 HISTORY OF NEW HAMPSHIRE. [J 755,
in fact, he did not receive it till after the time fixed for the ope
ration of the act. Having shown his instructions to the governor,
and some other public officers, it was suspected that he intended
' to commence the execution of his office.' The sons of liberty
1 7fifi were a^armec' 5 they assembled by beat of drum, and
obliged him publicly to deliver up his commission and in-
a ' ' structions; which they mounted on the point of a sword,
and carried in triumph through the town. An oath was admin
istered to him by Justice Clagett,* purporting that he would
neither directly nor indirectly attempt to execute his office. The
master of a ship, then ready to sail for England, was also sworn
to deliver the packet containing the commission and instructions,,.
as it was directed^ It was first addressed to the commissioners
of the stamp-office in London ; but afterward it was enclosed in
a letter to the agents of the province, referring the disposal of it
to their discretion. It happened to arrive, when great exertions
were making, and a strong probability existed, of the repeal of the
stamp-act. The agents therefore concealed the packet, and had
the good fortune to suppress the intelligence of all these proceed
ings ; that no irritation might ensue to prevent the expected repeal.
During all these commotions, Governor Wentworth was silent.
The ministry,, either by accident or design, had neglected to send
authentic copies of the stamp-act, to some of the American gov
ernors, and to him among others. There had been no tumults,
which rendered his interposition necessary. He was in the de
cline of life, and his health was much impaired. His fortune was
made, and it lay chiefly in his native country. One of the reasons
given, for the removal of his predecessor, was, that he had en
joyed his office ten years. Mr. Wentworth had been twenty-five
years in the chair, and expected soon to be superseded. It was
therefore his interest, not to put himself forward in support of un
popular measures. His example was followed by most of the
gentlemen in the province, who held offices under the crown. If
any of them were secretly in favor of the act, they were restrained
by fear, from contradicting openly the voice of the people.
The popular spirit was sufficiently roused to join in any meas
ures which might be necessary for the defence of liberty. All
fear of the consequence of proceeding in the public business with
out stamps, was gradually laid aside. The courts of law, and
custom houses were kept open. Newspapers circulated, and
* [Wyseman Clagett, who then resided at Portsmouth. He was born'and
educated in England, and admitted a barrister at law in the court of the king's
bench. He came soon after to this country ; was admitted to Ihe bar of wis
superior court of New-Hampshire, and was some time the king's attorney
general ; was one of the council in the time of the revolution, and arepresen-
tative in the general court from Litchfield, where he died 4 December, 1784,
aged 63_jrears and 4 months. A valuable memoir of this gentleman, written
by the Hon. Charles H. Atherton, of Amherst, is among the files of the N. H.
Hist. Society.]

1766.] PROVINCE. BENNING WENTWORTH. 333
licenses for marriage, without stamps, were publicly advertised.
As it was uncertain, what might be the event of the petitions to
the king and parliament, it was thought best, to awaken the atten
tion of the merchants and manufacturers of England, by an agree
ment to import no goods, until the stamp-acttshould be repealed.
To provide for the worst, an association was formed by the ' sons
of liberty' in all the northern colonies, to stand by each other, and
unite their whole force, for the protection and relief of any who
might be in danger, from the operation of this, or any other op
pressive act. The letters which passed between them, on this
occasion, are replete with expressions of loyalty and affection to
the king, his person, family and authority.1 Had there been any
disaffection to the royal government, or desire to shake off our
allegiance, where would the evidence of it be more likely to be
found, than in letters which passed between bodies of men, who
were avowedly endeavoring, to form a union, to resist the usurped
authority of the British lords and commons ?*
The idea which we entertained of our politicaf connexion with
the British empire, was, that the king was its supreme head ; that
every branch of it was a perfect state, competent to its own inter
nal legislation, but subject to the control and negative of the sove
reign ; that taxation and representation were correlative, and
therefore, that no part of the empire could be taxed, but by its
own representatives in assembly. From a regard to the general
interest, it was conceded, that the parliament of Great-Britain,
representing the first and most powerful branch of the empire,
might regulate the exterior commerce of the whole. In Britain,
the American governments were considered as corporations, ex
isting by the pleasure of the king and parliament, who had a right
to alter or dissolve them. Our laws were deemed by-laws ; and
we were supposed to be, in all cases of legislation and taxation,
subject to the supreme, undefined power of the British parliament.
Between claims so widely different, there was no arbitrator to
decide. Temporary expedients, if wisely applied, might have
preserved peace ; but the most delicate and judicious manage
ment was necessary, to prevent irritation.
When the commotions which had happened in America, were
known in England, a circular letter was written to the several
governors, by Secretary Conway,2 in which it was ' hoped that
' the resistance to the authority of the mother country, had only
(1) MS. letters of the sons of liberty. (2) October 24, 1765.
* From an intimate acquaintance with many persons, of all ranks, who were
instrumental of conducting the American revolution, through all its stages;
and from a perusal of many of their confidential letters ; the author of these
sheets is fully satisfied, that the public professions of loyalty, made by his
countrymen, were sincere ; and that the most determined opposers of the
claims of parliament, were very far from desiring a disunion of the British
empire, till they were driven to it by necessity.

334 HISTORY OF NEW HAMPSHIRE. [1766.
' found place among the lower and more ignorant of the people.'
To the constitutional authority (as we understood it) of die king
and parliament, there had been no resistance ; but to the assumed
authority, of our fellow subjects in Britain, over our property, the
resistance began, and was supported by the representatives of the
people, in their assemblies. Those who appeared under the
name of ' the sons of liberty' were chiefly tradesmen of reputa
tion, who were occasionally assisted by lawyers, clergymen, and
other persons of literary abilities. The writings of Sidney and
Locke were produced, in evidence of the justice of our claims ;
and the arguments which had formerly been used in England,
against the usurpations of the house of Stuart, were adopted and
repeated by us, in favor of our rights and liberties. Political
inquiries were encouraged, and the eyes of the people were open
ed. Never was a sentiment more generally adopted, on the full
est conviction, than that we could be constitutionally taxed by
none but our own representatives ; and that all assumption of this
power, by any other body of men, was usurpation which might be
lawfully resisted.
The petitions of the American assemblies, enforced by the
agreement for non-importation, and aided by the exertions of the
British merchants and manufacturers, induced the new ministry
to recommend to parliament, a repeal of the odious stamp-act.
M ]g It was accordingly repealed ; not on the true principle of
' its repugnancy to the rights of America ; but on that of
political expediency. Even on this principle, the repeal could be
obtained by no other means ; than by passing, at the same time,
a declaratory act, asserting the right and power, of the British
parliament, ' to bind America, in all cases whatsoever,' and an
nulling all the resolutions of our assemblies, in which they had
claimed the right of exemption from parliamentary taxation.
The rejoicings which were occasioned by the repeal of the
stamp-act, in this country, were extravagantly disproportioned to
the object. We felt a transient relief from an intolerable burden;
but the claim of sovereign power, in our fellow subjects, to take
our property, and abridge our liberty at their pleasure, was es
tablished by law. Our only hope was, that they would profit by
their recent experience ; and whilst they enjoyed the pride of
seeing their claim exist on paper, would suspend the exercise of
it in future.
With the repealing and declaratory acts, a circular letter came
from Secretary Conway ; in which, ' the lenity and tenderness,
' the moderation and forbearance of the parliament toward the
' colonies' were celebrated in the language of panegyric, and we
were called upon, to show our ' respectful gratitude and cheerful
obedience,' in return for such a ' signal display of indulgence and

1766.] PROVINCE. BENNING WENTWORTH. 335
' affection.' This letter enclosed a resolution of parliament, that
those persons who had ' suffered any injury or damage,' in con
sequence of their assisting to ' execute the late act, ought to be
' compensated by the colonies, in which such injuries were sus-
' tained.' When Governor Wentworth laid this letter before the assembly,
he told them ' with pleasure and satisfaction, that he had
1 no requisition of this kind to make.' Meserve, however,
applied to the assembly to grant him a compensation for the in
juries which he said he had suffered. A committee, being ap
pointed to inquire into the ground of his petition, reported, ' that
' he had suffered no real damage either in person or property ;
' but that when any danger had been expected, guards had been
' appointed to protect him.' Upon this report, his petition was
dismissed. He afterwards went to England and obtained the of
fice of collector of the customs. ,
At this session the assembly prepared a respectful address to
the king and both houses of parliament, on account of the repeal ;
which was sent to England, at the same time that the stamped
paper and parchment, which had been deposited at the castle in
Boston, were returned.
Complaints had been made in England against some of the
American governors, and other public officers, that exorbitant
fees had been taken for the passing of patents for land ; and a
proclamation had been issued by the crown and published in the
colonies, threatening such persons with a removal from office. *
Governor Wentworth was involved in this charge. He had also
been accused of negligence in corresponding with the king's
ministers; of informality and want of accuracy in his grants of
land ; and of passing acts of assembly respecting private proper
ty, without a suspending clause ' till his majesty's pleasure could
' be known.' In his office of surveyor-general, he had been
charged with neglect of duty, and with indulging his deputies in
selling and wasting the king's timber. By whom these complaints
were made, and by what evidence they were supported, I have
not been able to discover. Certain it is, that such an impression
was made on the minds of the ministry, that a resolution was
taken to remove him ; but the difficulties attending the stamp-act,
caused a delay in the appointment of a successor. When the
ferment had subsided, the attention of the ministry was turned to
this object. John Wentworth, son of Mark Hunking Wentworth,
and nephew of the governor, was then in England. He had ap
peared at court, as a joint agent with Mr. Trecothick in presents
ing the petition of the province against the stamp-act. He . had
become acquainted with several families of high rank and of his
own name in Yorkshire, and in particular, with the marquis of
(1) New-Hampshire Gazette, Aug. 29, 1764.

g.36 HISTORY OF NEW-HAMPSHIRE. [1766.
Rockingham, then at the head of the ministry. By his indul
gence, Mr. Wentworth prevailed to soften the rigor of government
against his uncle. Instead of being censured and removed from
office, he was allowed opportunity to resign, and the appearance
of resigning in favor of his nephew, who was destined by the mar-
. n quis, to be his successor. Having received his commissions,
ug' ' as governor of New-Hampshire, and surveyor of the king's
17fi7 woods in North-America, Mr. Wentworth sailed from
' England, and arrived at Charlestown, in South-Carolina.
March. Whence he travelled through the continent, registering his
commission of surveyor in each of the colonies, and was received
j 13 at Portsmouth, with every mark of respect and affection.
' This appointment, made by a popular ministry, was pe
culiarly grateful to the people of New-Hampshire, by whom Mr.
Wentworth was well known and much esteemed.
In addition to what has been said, of the superseded governor,
it may be observed ; that his natural abilities were neither brilliant
nor contemptible. As a private gentleman, he was obliging, and
as a merchant, honorable. He was generous and hospitable to
his friends ; but his passions were strong and his resentments
lasting. He was subject to frequent and long continued visits of
the gout ; a distemper rather unfriendly to the virtue of patience.
In his deportment, there was an appearance of haughtiness, con
tracted by his residence in Spain, where he learned the manners
of the people of rank ; as well as the maxims of their government.
He thought it best that the highest offices, should be filled with
men of property ; and though in some instances he deviated from
this principle, yet, in others, he adhered to it so closely, as to
disregard more necessary qualifications.*
In the former part of his administration, he was scrupulous in
obeying his instructions, and inflexible in maintaining the prerog- -
ative. In conducting the operations of two successive wars, his
attention to die service was very conspicuous ; and he frequently
received letters of thanks, from the generals, and other officers of
the British troops employed in America.
* [Mr. Adams in his Annals of Portsmouth, p. 230, says, " It has been ob
jected against him, that all the important offices in the government, were fill
ed by his particular friends." A scrap found among Secretary Waldron's pa
pers, headed Family Government, seems to establish the fact, although the
cause of it is not particularly assigned. The following is a copy of it :
" George Jaffrey, brother-in-law, president of the council, treasurer, chief
justice and justiee of the admiralty. Jotham Odiorne, brother married his
grand daughter, second judge and justice. Henry Sherburne, cousin, &c.
counsellor, &c. Tlieodore Atkinson, brother-in-law, secretary, chief justiee
of inferior court, &c. Richard Wibird, governor' s brother married his sister,
a counsellor. Ellis Huske, wife's brother married governor's sister, a. coun
sellor. Samuel Solley, who married George JafFrey's daughter, a counsellor.
Thomas Packer, a brother-in-law, high sheriff. John Downing and Samuel
Smith, counsellors, related by their cash. Friends,, Wiggin, justice and
judge of probate, Clarkson, Gage^ Wallingford, Gilman, Palmer, Roby, Jen-
iwss, Odiorne, Walton and Stevens, justices."]

1767.] PROVINCE. BENNING WENTWORTH. 337
He was closely attached to the interest of the church of Eng
land ; and in his grants of townships, reserved a right for the
society for propagating the gospel of which he was a member. A
project was formed during his administration, to establish a college
in New-Hampshire. When he was applied to for a charter, he
declined giving it, unless the college were put under the direction
of the bishop of London. But, when a grant was made by the
assembly, of three hundred pounds sterling, to Harvard college,
where he had received JTis education, to repair the destruction
which it had suffered by fire ; he consented to the vote, and his
name is inscribed on an alcove of the library, as a benefactor, in
conjunction with the name of the province.
In his appointment of civil and military officers, he was fre
quently governed by motives of favor, or prejudice to particular
persons. When he came to the chair, he found but twenty-five
justices of the peace in the whole province ; but in the first com
mission which he issued, he nominated as many in the town of
Portsmouth only. In the latter part of his time, appointments of
this kind became so numerous, and were so easily procured, that
the office was rendered contemptible.*
* The following pasquinade was published in the Portsmouth Mercury of
October 7, 1765. It was supposed to have been written by the late Judge
Parker,t and was entitled THE SILVER AGE.
In days of yore, and pious times,
Great care was had to punish crimes ;
When conservators pads sought
To keep good order as they ought.
This office then, was no great booty,
Small were the fees, though great the duty.
But when a law, the old restriction
Dock'd — and enlarg'd the jurisdiction ;
His worship had a right to hold,
In civil plea, a pound twice told.
The post was then thought worth possessing,
For 'twas attended with a blessing.
But still, in after times it grew
Much better, as our tale will shew ;
t [Judge William Parker was a native of Portsmouth, and was born 9
December, 1703. His father was William Parker, whose wife was Zerviah
Stanley, daughter, as the late Nathaniel Adams, Esquire, of Portsmouth, in
formed me, of the Earl of Derby. The judge had not a liberal education, but
received in 1763 the honorary degree of Master of Arts, "pro mcritis suis."
In his diploma, it is expressed, " licet non Academia? instructum, Generosum,
nihil ominus in rebus literariis scil : Classicis Philosophicis, &c. egregie eru-
ditum." He pursued the study of law, and was admitted to the bar in 1732.
He was esteemed as a well read and accurate lawyer. In August, 1771, he
was appointed one of the justices of the superior court, which office he held
until the revolution commenced. He died 29 April, 1781, aged 77. Adams,
Annals Portsmouth, 272 — 274. Judge Parker left four sons, William of Exe
ter, who graduated at H. C. 1751, was a judge of the C. C. P. and register of
probate, and died in 1811 ; John, sheriff of the province and marshal of the
district of N. H. ; Samuel, who graduated at H. C. in 1764, was bishop of the
Episcopal church and D. D., and died at Boston, 6 December, 1804, in his
60th year ; and Matthew Stanley, who settled in Wolfeborough.]
45

338 HISTORY OF NEW-HAMPSHIRE. [1767.
Notwithstanding some instances, in which a want of magnanim
ity was too conspicuous, his administration was, in other respects,
beneficial. Though he was highly censured, for granting the
best lands of the province to the people of Massachusetts and
Connecticut, with views of pecuniary reward ; yet, the true in
terest of the country was certainly promoted ; because the gran
tees in general, were better husbandmen than the people of New-
Hampshire. In those cases, where dissatisfaction appeared, it was chiefly
owing to the nature of a royal government, in which the aristo
cratic feature was prominent, and the democratic too much de
pressed. The people of New-Hampshire, though increasing in
numbers, had not the privilege of an equal representation. The
aim of most of those gentlemen, who received their appointments
from abroad, was rather to please their masters, and secure the
emoluments of their offices, than to extend benefits to the people,
or condescend to their prejudices. They did not feel their depend
ence on them, as the source of power ; nor their responsibility to
them for its exercise. And, the people themselves had not that
just idea of their own weight and importance, which they acquired,
when the controversy with the British government called up their
attention to their native rights.*
When, as it goes by common fame,
Two pounds and forty were the same. [By depreciation.]
Then civil suits began to thrive,
And claims grown obsolete revive.
But when their worships, manifold,
Like men divinely bless'd of old,
Were bid ' t'increase and multiply,'
Obsequious rose a num'rous fry,
Who, ever prompt, and nigh at hand,
Could scatter justice through the land.
Then, with important air and look,
The sons of Littleton and Coke
Swarming appear'd,to mind the Squires ;
What honors such a post requires !
These skilful clerks, always attending,
Help'd to despatch all matters pending ;
Took care that judgment (as it should)
Was render'd for the man that sued ;
Aided their honors to indite,
And signed for those who could not write.
Who but must think these, happy times,
When men, adroit to punish crimes
Were close at hand ? and what is better,
Made every little tardy debtor
Fulfil his contract, and to boot,
Pay twice his debt in costs of suit.
This was the happy silver age
When magistrates, profoundly sage,
O'erspread the land ; and made, it seems,
' Justice run down the streets in streams.'
* [1767. Chatham was incorporated.
1768. Seabrook, Meredith, Henniker, Salisbury, Mason and Rindge were
incorporated.]

1767.] PROVINCE. JOHN WENTWORTH, 2d. 339

CHAPTER XXIV.
Administration of John Wentworth the second. New attempt to force a
revenue from America. Establishment of Dartmouth college. Division
of the province into counties. Death of Benning Wentworth. Complaint
of Peter Livius against the governor. Its issue. Progress of the contro
versy with Great Britain. War. Dissolution of British government in
New-Hampshire. The genius, as well as the interest of the new governor, led
him to cultivate the good will of the people. He was , „fi7
grandson, by his mother, to the late agent John Rindge,
who had been instrumental of establishing the boundaries of the
province, and had advanced a large sum for that purpose. His
family, who had long complained of ingratitude and neglect, were
now amply gratified, not only by the advancement of the new
governor, but by his recommending several other gentlemen, who
were connected with it, to fill vacant seats at the council board,
and other offices of government. Several gentlemen of other
respectable families, who had been treated with neglect, in the
preceding administration, were also taken into favor ; and a spirit
of conciliation, among those who had formerly been at variance,
seemed to mark the beginning of this administration with fair
omens of peace and success.
Being in the prime of life, active and enterprising in his dispo
sition, polite and easy in his address, and placed in the chair by
the same minister who had procured the repeal of the stamp-act,
to which event his own agency had contributed ; Mr. Wentworth
enjoyed a great share of popular favor ; which was much height
ened when his conduct was viewed in contrast with that of some
other governors in the neighboring provinces. Though bred a
merchant, he had a taste for agriculture, and entered vigorously
into the spirit of cultivation. He frequently traversed the forests ;
explored the ground for new roads ; and began a plantation for
himself in the township of Wolfeborough, on which he expended
large sums, and built an elegant house. His example was influ
ential on other landholders, who also applied themselves in earnest
to cultivate the wilderness.
The improvement of the country at this time occupied the
minds of the people of New-Hampshire, and took off their atten
tion, in a great measure, from the view of those political difficul
ties, which were occasioned by a new act of parliament, laying
duties on paper, glass, painters' colors, aad tea ; and the estab
lishment of a board of commissioners for collecting the American
revenue. In the other colonies, particularly in Massachusetts,
these duties had become a subject of altercation and serious alarm

340 HISTORY OF NEW-HAMPSHIRE. [1767.
being grounded on the right which the parliament had assumed
of ' binding America in all cases whatsoever.' The only remedy
was to be found in frugality, non-importation, and domestic
manufactures. These things were recommended, and, in some
measure, complied with ; and by means of these exertions, the
revenue fell short of the sanguine expectations which its advocates
had formed.
The popularity of the governor of New-Hampshire, and the
influence of his numerous friends and connexions, who were of
the principal families and the richest merchants in the province,
prevented the adoption of a non-importation agreement in Ports
mouth,* till the merchants in some of the other colonies threatened
to withhold any mercantile intercourse with them. A plan of the
same kind was then (1770) formed ; and the union of so many
colonies, in this measure, caused the manufacturers in Great-
Britain to experience distresses of the same nature with those
occasioned by the stamp-act ; and to exert their influence for a
repeal of the new revenue law, which was in part effected. All
the duties, excepting that on tea, were taken off. This relaxation,
on the other side of the Atlantic, produced a relaxation here. —
The ministry in Great-Britain was frequently changed ; and no
uniform system either of coercion or lenity was adopted. The
opposition on this side languished for want of unanimity. The
more candid among us were willing to suppose that Britain would
never lay any more duties ; and there was some foundation for
this supposition, as far as letters from ministers of state, and
speeches from provincial governors might be depended on. The
tax on tea was reserved as a latent spark to rekindle the contro
versy. When the governor, at his first meeting the assembly, accord
ing to the custom on such occasions, recommended to them the
establishment of an ' adequate, honorable and permanent salary,'
they made some hesitation, on account of a report, that the sala
ries of the American governors were to be paid out of the revenue.
On being assured, that if such a general establishment should
take place, it would be so guarded as to prevent his receiving any
Sept' 30 rewara h"om the assembly ; they framed a vote, granting
' seven hundred pounds per annum during his administra
tion (dollars being then fixed at six shillings.) The fund appro
priated to the salary was the excise, and in case of its insufficiency,
other provision was made. But the vote was limited with an
exception, ' unless provision shall be made by parliament.' —
* ' We cannot depend on the countenance of many persons of the first rank
' here ; for royal commissions and family connexions influence the principal
' gentlemen among us, at least to keep silence in these evil times. The press
' here has never been openly attacked ; but the printer rememberB what he
' once suffered, at Boston; and is easily kept in awe by more private rebukes.'
— MS. letter of the sons of liberty , in Portsmouth, to those in Boston.

1767.] PROVINCE. JOHN WENTWORTH, 2d. 341
When the question was put, the house was equally divided, and
the speaker, Peter Gilman, turned it against a permanent salary.
It was therefore voted from year to year, and generally amounted
to seven hundred pounds ; besides which an allowance was made
for house-rent, from sixty or seventy to one hundred pounds.1 *
Among the improvements, which during this administration,
were made in the province, one of the most conspicuous, _fiq
was the establishment of a seminary of literature. It was
founded on a projection of Doctor Eleazar Wheelock, of Lebanon,
in Connecticut, for the removal of his Indian charity school.
The first design of a school of this kind was conceived by Mr.
John Sergeant, missionary to the Indians, at Stockbridge. A
rambling mode of life, and a total want of letters, were ever un
friendly to the propagation of religious knowledge among the
savages of America.2 That worthy missionary, intent on the
business of his profession, and having observed the progress made
by some of the younger Indians, who resided in the English fam
ilies, in reading and other improvements, conceived the benevolent
idea of changing their whole habit of thinking and acting ; and
raising them from their native indolence to -a state of civilization ;
and at the same time, by introducing the English language, instead
of their own barren dialect, to instil into their minds the principles
of morality and religion.
To accomplish this design, he procured benefactions from
many well disposed persons both here and in England ; and began
a school at Stockbridge ; where the Indian youth were to be
maintained, under the instruction of two masters; one to oversee
their studies, and the other their field labor ; whilst a matron
should direct the female children jn acquiring the arts of domestic
life. Death put an end to the labors of this excellent man (1749)
before his plan could be accomplished.
This design was revived by Wheelock. Having made some
experiments, he was encouraged to proceed, (1754) by the
tractable disposition of the Indian youths, and their proficiency in
learning; but especially, by the numerous benefactions, which he
received from the friends of religion and humanity. Among
which, a donation of Joshua Moor, of Mansfield, being the largest,
in the infancy of the institution, determined its name ' Moor's
school.'3 To increase the means of improvement, charitable contributions
were solicited in different parts of America, in England, and in
Scotland. The money collected in England, was put into the
(1) Journal of Assembly. (2) Hopkins' memoirs of the Housatoonock In
dians, 1736. (3) Wheelock's printed narrative.
* [1769. Raby, now Brookline, Temple, Surry and Concord, now Lisbon,
were incorporated. Sanbornton and Wolfeborough were incorporated the
next year.]

342 HISTORY OF NEW-HAMPSHIRE. [1769.
hands of a board of trustees, of whom the Earl of Dartmouth was
at the head ; and that collected in Scotland was committed to the
society for promoting christian knowledge.
As an improvement on the original design, a number of Eng
lish youths were educated with the Indians, both in literary and
agricultural exercises ; that their example might invite the Indians
to the love of those employments, and abate the prejudice which
they have universally imbibed, that it is beneath the dignity of
man to delve in the earth.
As the number of scholars increased, it became necessary to
erect buildings, and extend cultivation. That part of the country
in which the school was first placed, being filled with inhabitants,
a removal was contemplated. When this intention was publicly
known, offers were made by private and public persons in several
of the neighboring colonies. The wary foresight of the founder,
aided by the advice of the board of trustees, in England, led him
to accept an invitation made by the governor, and other gentlemen
of New-Hampshire. The township of Hanover, on the eastern
bank of Connecticut river, was finally determined on, as the most
convenient situation' for the school ; to which the governor annexed
„ a charter of incorporation for a university, which took the
' name of Dartmouth College, from its benefactor, the Earl
of Dartmouth. Of this university, Doctor Wheelock was declared
the founder and the president ; with power to nominate his suc
cessor, in his last will. A board of twelve trustees was constituted,
with perpetual succession ; and the college was endowed with a
large landed estate, consisting of one whole township (Landaff)
besides many other tracts of land in different situations, amounting
in the whole, to forty-four thousand acres. One valuable lot, of
five hundred acres, in the township of Hanover, given by the late
governor, Benning Wentworth, was fixed upon as the site of the
school and college. Besides these donations of land, the amount
of three hundred and forty pounds sterling, was subscribed, to be
paid in labor, provisions, and materials for building. With these
advantages, and the prospect of a rapidly increasing neighborhood,
in a fertile soil, on both sides of Connecticut river, Doctor Wheel-
. „„„ ock removed his family and school into the wilderness.
At first, their accommodations were similar to those of
pt' other settlers, on new lands. They built huts of green
logs, and lived in them, till a proper edifice could be erected.
The number of scholars, at this time, was twenty-four ; of which
eighteen were white, and the rest Indians.
Experience had taught Doctor Wheelock, that his Indian youths,
however well educated, were not to be depended on for instruct
ors of their countrymen. Of forty, who had been under his care,
twenty had returned to the vices of savage life ; and some, whom
he esteemed ' subjects of divine grace, had not kept their garments

1770.] PROVINCE. JOHN WENTWORTH, 2d. 343
' unspotted.'1 It was, therefore, in his view, necessary that a
greater proportion of English youths should be educated, to serve
as missionaries, and oversee the conduct of the Indian teachers.
This was given as the grand reason, for uniting the college with the
Indian school, and placing it under the same government ; though
the appropriations were distinctly preserved. That the general
concerns of the institution might be better regulated, and the
intrusion of vjcious persons within the purlieus of the college pre
vented ; a district of three miles square was put under its juris
diction, and the president was invested with the office of a magis
trate. In 177 1, a commencement was held, and the first degrees
were conferred, on four students ;* one of whom was John
Wheelock, the son and successor of the founder.
Another improvement was made about the same time, by
dividing the province into counties. This had been long sought,
but could not be obtained. The inconvenience to which the
people in the western parts of the province were subject, by
reason of their distance from Portsmouth, where all the courts
were held, was extremely burdensome ; whilst the convenience
and emoluments of office were enjoyed by gentlemen in that
vicinity. Some attemps to divide the province had been made
in the former administration ; but without effect. The rapid in
crease of inhabitants for several years, made a division so neces
sary, that it had become one of the principal subjects of debate,
in the assembly, from the time of the governor's arrival. Several
sessions passed before all points could be adjusted. The number
of counties, and the lines of division, were not easily agreed to,
and a punctilio of prerogative about the erecting of courts, made
some difficulty ; but it was finally determined, that the number of
counties should be five ; and the courts were established by an
act of the whole legislature. It was passed with a clause, sus^
pending its operation, till the king's pleasure should be known.
The royal approbation being obtained, it took effect in 1771.
The five counties were named by the governor, after some of his
friends in England, Rockingham, Strafford, Hillsborough, Cheshire.
(1) Narrative No. 5, p. 20, 21.
* [These students were Levi Frisbie, afterwards minister of Ipswich, who
died 25 February, 1806, aged 58 ; Samuel Gray, a native and resident of
Windham, Connecticut, the only survivor of the class; Sylvanus Ripley, af
terwards professor of divinity at the college, who died in July, 1787 ; and
John Wheelock, the president of the college from 1779 to 1815, who died 4
April, 1817, aged 63. The number of graduates since the foundation of the
institution is 1637. The presidents who have successively presided over it
have been Eleazar Wheelock, D. D., who died 24 April, 1779, Mt. 68 ; John
Wheelock, LL. D., from 1779 to 1815, died 4 April, 1817, Mt. 63 ; Francis
Brown D D from 1815 to his death, 27 July, 1820, Mt. 36 ; Daniel Dana,
D. D ,'part. of the years 1830 and 1821 ; Bennet Tyler, D. D., from 1822 to
1828; and Nathan Lord, D.D.,who was inducted into office, 28 October,
1828.]

344 HISTORY OF NEW-HAMPSHIRE. [1771.
and Grafton. The counties of Strafford and Grafton being much
less populous, than the others, were to remain annexed to the
county of Rockingham, till the governor, by advice of council,
should declare them competent to the exercise of their respective
jurisdictions; which was done in 1773.*
The year 1771 was also distinguished by the abolition of pa
per currency. Silver and gold had been gradually introduced,
and the paper had for several years been called in by taxes.
The time limited for its existence being now come, it totally dis
appeared, f
The death of the late governor1 produced consequences which
materially affected his successor. This family had been for
many years of the first rank in the province, and some of its
members and connexions had held the principal offices. In such
a case, domestic union may be considered as necessary to preserve
public honor. The late governor, though superseded, had been
treated with every mark of respect ; and having no children, it
was expected his successor would be his principal heir. A later
will, made in favor of his young widow, and unknown till after his
death, caused a sudden disappointment ; which, if it had evapo
rated in private reflections only, might have passed among the
infirmities incident to humanity, and with them might have been
consigned to oblivion ; for it is beneath the dignity of history, to
record the altercations of families, unless they are connected widi
public transactions, or events.
Antiquated claims upon the late governor's estate were revived ;
and law-suits were commenced, which probably would not have
been agitated, if the expected disposition had been made. But
the most alarming effect of this unhappy disappointment was a
question, which the governor moved in council, * whether the
' reservation of five hundred acres, in the several townships, made
' by the late governor, Benning Wentworth, in the charter grants,
' conveyed the title to him ?' The council determined this ques
tion in the negative. The governor then asked, whether they
would advise him to grant the said tracts, to such of his majesty's
subjects, as should settle and cultivate the same ? To this they
gave their assent.2 Seven of the counsellors present on this oc
casion were the governor's relations. The eighth was Peter
Livius, a gentleman of foreign extraction, who entered his dissent.
(1) Oct. 14, 1770, Mt&t. 75. (2) March 19— MS. deposition of seven of the
council .
* [Three other counties have since been incorporated, viz. Cohos, formed
of the north part of Grafton, 24 December, 1803 ; Merrimack, taken from the
counties of Rockingham and Hillsborough, 3 July, 1823 ; and Sullivan, be
ing the north division of Cheshire, 5 July, 1827.]
t [1771. The towns of Wakefield, Dublin, Maynesborough and Paulsburg
were granted by charter. Paulsburg was incorporated by the name of Milan,
16 December, 1824, and Maynesborough by the name of Berlin, 1 July, 1829.]

1772.] PROVINCE. JOHN WENTWORTH, 2d. 345
He had for several years served as a justice of the common pleas ;
but on the division of the province into counties, it was necessary
to issue new commissions. Finding himself overlooked „„c
in the appointment of officers, and his private affairs call- 177^-
ing him abroad, he sailed for England, and there exhibit- JuIy 9'
ed to the lords of trade, articles of complaint against the governor
and his council.
The first was, that the governor and council, without any legal
process, or the intervention of a jury, had deprived the grantees
under the crown of their lands, on suggestion only that the con
ditions had not been fulfilled.1
The second was, that the duty paid by foreign shipping, com
monly called powder money, had not been accounted for, since
the year 1741 ; and that the council had refused to join with the
representatives in an inquiry into this matter in the year 1768.
The third was, that the governor had moved in council, that
the lands reserved to the late governor, in the charters of town
ships, should be regranted to himself, through the medium of
another person ; and that the protest of the complainant, against
the legality of this proceeding, was rejected.
The fourth was, that in consequence of the opposition, which
he was in duty bound thus to make, he had been injuriously
treated, and had received personal abuse from the governor.
The fifth was, that pending an action in the common pleas,
brought by the governor, though in other names, the judges had
several times been changed, till a question on a point of law was
determined in favor of the governor.
The sixth article stated, that the complainant had expected to
prove several of the above facts, by referring to copies of the
council records in their lordship's office ; but was surprised to
find that the governor had disobeyed his instructions in not
sending them.
The memorial concluded with a general charge of partiality
arising from the family connexions of the governor and council.
Copies of this memorial were sent to the governor and council,
who separately prepared and returned distinct answers to the
several articles of complaint.2
To the first, it was said, that the resumption of grants forfeited
by non-compliance with the conditions of settlement was support
ed by the opinion of the attorney and solicitor general, given in
1752 ; that the invariable usage in these cases, had been to issue
notice to delinquent proprietors, that they should appear on a set
day, and shew cause why their shares should not be forfeited and
regranted ; that their allegations had been always treated with
proper respect, and that no complaint of injustice had been made
by any persons whose grants had been thus resumed.
(1) Printed complaint. (2) MS. copies.
46

346 HISTORY OF NEW-HAMPSHIRE. [1772.
To the second, it was answered, that the amount of powder-
money, during the former administration, though long neglected
had been lately recovered; and that since 1768, it had been
regularly accounted for. The reason for the non-concurrence of
the council, with the vote for inquiring into this matter, was their
respect to the royal prerogative, conceiving that the house had no
concern with the matter.
To the third article, it was said, that the late governor, con
scious of the insufficiency of his title, had solicited his successor
for grants of these reservations, which he had declined giving,
unless a mandamus from the king could be procured ; that this
uncertainty had prevented his alienating them ; that in consequence,
they were uncultivated and forfeited ; that some of these lands had
been regranted to other persons ; but that the present governor
had no interest directly or indirectly in them. The council deni
ed, that the governor had ever proposed the granting of these
lands to himself, through another person. They also denied that
the dissent of the memorialist had been refused.
The charge of personal abuse, in the fourth article, was contra
dicted and retorted; but it was conceded, that the governor had
told him that his reasons of dissent were not founded in truth.
In answer to the fifth article, it was acknowledged, that the
action was brought for the governor's benefit ; but that any unfair
means were used to influence the court was denied. This denial
was corroborated by the depositions of the judges themselves, and
of the attorneys who were concerned in the suit. It was also
proved that the judgment of the court on the question of law, was
of no moment, being reversed by the superior court, before which
the cause was carried by appeal.
To the sixth article, it was answered, that the governor had
directed the secretary to furnish him with copies of all the public
transactions which had usually been sent to England, and that he
had regularly transmitted them. But it appeared from the affi
davit of the secretary, that in June 1760, the late governor had
ordered him not to transcribe the minutes of the council, when
sitting without the assembly, unless specially directed ; and since
that time it had been usual to send the journal of the council
when sitting as a house of assembly, and not as a council of
state. In fine, the council denied that they had ever acted in their
public capacity, from any private or family interest ; but asserted,
that they had frequently given their judgment directly against it ;
and they concluded with very severe reflections on the com
plainant.* * [1772. Franconia, Hillsborough and Bretton- Woods were incorporated.
1773. Northwood, Loudon, Fitzwilliam, Jaffrey, Cambridge, Dummer,
Shelburne, Stratford and Success were incorporated.]

1773.] PROVINCE. JOHN WENTWORTH, 2d. 347
With these answers, were transmitted a great number of depo
sitions, from persons of all ranks and professions, testifying 177o
in favor of the governor.1 These being laid before the
lords of trade, and the memorialist being heard in reply, ay '
the board represented to the king, that the complaint against the
governor ' had been fully verified.'2 At the same time, they
thought it their duty to represent, ' that the reports which they
' had received, through different channels, of the situation of af-
' fairs within New-Hampshire, did all concur in representing the
' colony to have been, since Mr. Wentworth's appointment, in a
' state of peace and prosperity ; that its commerce had been ex-
' tended, and the number of its inhabitants increased ; and that
' every attempt made to excite the people to disorder and disobe-
' dience, had been, by the firm and temperate conduct of Mr.
' Wentworth, suppressed and restrained.'
When the cause was reheard before a committee of the privy
council, it was observed by the governor's advocate, that Ju] 2g
' peace, prosperity and obedience, were not compatible
' with oppression and injustice ; and that however the lords of trade
' had in the beginning of their report condemned the governor,
' they had, by the praise bestowed upon him, in the end contra-
' dieted themselves.'
The lords of the committee reported to the kingpin council,
their judgment upon several articles of the complaint, in substance
as follows.3
' That by the law of England, when lands were granted, upon
condition, the breach of that condition must be found by a jury
under a commission from the court of chancery ; but that no such
court existed in New-Hampshire ; and though the general rule
was, that the law of England extended to the colonies, yet it must
be understood to mean, such part of the law as is adapted to the
state and constitution of them. That though the governor had
resumed and regranted lands, yet there was no evidence that such
resumptions had been made without proof or public notoriety, that
the conditions of former grants had not been complied with ; and
that no complaint had been made by any person supposed to be
injured. That it had not been proved that resumptions had been
made without notice to the proprietors ; and it had not even been
suggested, in cases where time had been allowed, that grants
were resumed before the expiration of it. That the lands granted
to the late governor were granted in the name of the king,fwhich
was sufficient to convey a title ; and that the council was mistaken
in thinking otherwise. That the governor, by their advice, did
resume and regrant several tracts of land which had been granted
to the late governor ; but it had not been proved that the said lands
were regranted in truest for himself ; and in many instances such
(1) MS. copies. (2) Printed representation. (3) Aug. 26 — Printed report.

348 HISTORY OF NEW- HAMPSHIRE. [1773.
lands were regranted to different inhabitants for their own use
and benefit ; and that the late governor's widow had not com
plained of any injury, by such resumption. That it appeared to
have been the constant practice when any standing justice of a
court was interested in a suit, for a special justice to be appointed ;
that other causes were depending at the same inferior court of
common pleas, in which the standing justices were interested, and
there was no proof that special justices were appointed on account
of that particular cause in which the governor was concerned ;
but that the commission was solicited in the common form ; and
that the defendant himself had testified that he had no objection
to the commission or to the special justices. With respect to the
transmission of the records of council, it was their opinion that it
might be proper to revive that practice, as it had been conducted
previously to the year 1760. But upon the whole, they submitted
their judgment that there ' was no foundation for any censure
' upon the said governor, for any of the charges contained in the
' complaint, and that the general conduct of his administration had
' tended greatly to the peace and prosperity of the said province.'
This report was approved by the king in council, and the com-
„ „ plaint was dismissed. But the governor was strictly en
joined to transmit to the lords of trade, authentic copies of
the journals of the council, as a council of state.
In this controversy, Mr. Livius met with great support, from
the interest of those who wished to displace the governor ; and
they became so deeply engaged to him, as to procure for him an
appointment to be the chief justice of New-Hampshire ; but,
upon more mature consideration, this was thought too likely to
produce discord and confusion, and he obtained an appointment
to a more lucrative office in the province of Quebec.
When the final issue of the complaint was known in New-
Hampshire, a general satisfaction appeared among the people.
At the next session of the assembly, the bouse of representatives
presented to the governor, an address of congratulation, in the
name of their constituents ; and the citizens of Portsmouth gave
a splendid ball, to which the governor and both houses of assembly
were invited.
Hitherto the governor had preserved his popularity ; and the
people, in general, were satisfied with his administration. But,
the obligation which lay on him to support the claims of Britain,
and aid the plans of her ministry, rendered his situation extremely
delicate, and his popularity very precarious. The controversy
between Britain and the colonies was drawing to a crisis. By
the reservation of the duty on tea, the parliament insisted on it as
their right, to tax their American brethren without their consent;
arid the Americans, by withholding the importation of tea from
Britain, made use of the only peaceable mode, in their power,

1773.] PROVINCE. JOHN WENTWORTH, 2d. 349
effectually to oppose that claim. The revenue failed, and the
warehouses of the East India company were filled with an un
saleable commodity. The ministry and the company, thus severe
ly disappointed, formed a plan, by which it was expected, that
the one would enforce their claim, and the other secure their
traffic. It was therefore enacted in parliament, that the duty on the
exportation of tea, from Britain, should be taken off ; and the
East India company be enabled to send tea, on their own account,
to America, subject to a duty only of three pence on the pound ;
by which means it would come to us, cheaper than before, or than
it could be procured by illicit trade.
This measure caused a general alarm, through the colonies ;
and united the interest of the merchants, with the views of the
politicians, and the general sense of liberty in the people. The
trading towns set the example, which the others followed, of
passing resolves, not to permit tea, freighted by the East India
company, to be landed or sold. These resolutions were effectual.
In some places, the consignees were obliged to relinquish their
appointments, and the tea was returned unladen. In other places,
it was deposited in stores, till it could be reshipped. In Boston,
where the obstinacy of Governor Hutchinson drove the people to
desperation, it was destroyed. In New-Hampshire, the prudence
of Governor Wentworth, the vigilance of the magistrates and the
firmness of the people were combined, and the hateful commodity
was sent away without any damage, aud with but little tumult.
The first cargo of tea, consisting of twenty-seven chests, . __. .
was landed and stored at the custom house, before any
people could assemble to obstruct it. A town meeting une
was called, and a proposal was made to Mr. Parry, the consignee,
to reship it. To this, he consented. A guard was appointed
by order of the town, to watch the custom house. The tea hav
ing been entered, it was necessary that the duty should be paid ;
which was done openly, by the consignee. The governor con
vened the council, and kept the magistrates and peace officers in
readiness to suppress any riotous appearances ; but there was no
need of their exertion. The tea was peaceably reshipped and
sent to Halifax.
A second cargo of thirty chests, which came consigned to the
same person, raised a small ferment ; and the windows of g g
his lodgings were broken. He applied to the governor
for protection. The governor, as before, summoned the council
and magistrates. The town, by their committee, prevailed on
the consignee to send the tea to Halifax, after having paid the
duty, without which the ship could not legally be cleared at the
custom house.
A general detestation of the measures, pursued by the British
ministry, to rivet the chains on America, universally prevailed.

350 HISTORY OF NEW-HAMPSHIRE. [1774.
The towns had severally passed resolves, asserting their right of
exemption from all taxation by parliament ; condemning the im
portation and use of tea; and appointing committees of inspection
to carry their resolutions into effect. The committees were vigi
lant ; and being aided by the general sentiment of the people,
their exertions were successful.
The controversy had now advanced, to a stage, which excited
the most serious apprehensions. The parliament had assumed
judicial, as well as legislative powers ; and directed their ven
geance against Boston. Its port was shut, and guarded by ships
of war ; its commerce was interdicted ; its tradesmen were with
out employment ; and its poor without bread. A military gov
ernor presided there, and was drawing together all the British
troops from every part of America ; that he might be prepared,
to make any sanguinary experiment, which, in the ministerial plan
of coercion, might be judged necessary.
The sympathy of their American brethren, raised contributions,
for the relief of the numerous poor in Boston, who were regarded
as suffering in the common cause. But, to guard ourselves ef
fectually against the gathering storm, a union of the colonies was
thought absolutely necessary ; and recourse was had to the same
measure which had formerly been tried in cases of common dan
ger, to hold a Congress of delegates from each colony.
The enemies of America have uniformly censured this meas
ure as unprecedented, illegal and dangerous. That it was dan
gerous to the designs of the British administration, is admitted ;
but for that reason, it was to us the means of safety. Though it
was not supported by any written law, yet it was evidently foun
ded on self preservation, the first law of nature. But that it was
unprecedented, is a very great mistake. From the middle of the
preceding century, the united colonies of New-England, held
annual, or semiannual meetings of commissioners, on their com
mon concerns, for above forty years. From the reign of Queen
Anne, to that of George the Second, governors, and delegates
from councils and assemblies, occasionally met in central places,
to hold conferences relative to the operations of war, or treaties
with the Indian tribes.* These meetings, usually called by the
name of Congresses, though unknown,- or disregarded in Britain,
were familiar to the people of America ; and what could be a
more natural or obvious step, in a time of common danger, than
to assemble by deputies, and confer on the means of safety ?
Precedents were numerous, that governors and delegates had
* ' May 6, 1754. A question was moved in council by the governor,
' Whether it be not an infringement of the prerogative for the house to join
' with the council, in appointing delegates to the congress at Albany ? To
' which the council answered ; that the house had no inherent right ; but
' it had been long the custom, at such interviews, for the lower house' to nom-
' inate persons, to be joined with such as the council should appoint.' Coun
cil Minutes.

1774.] PROVINCE. JOHN WENTWORTH, 2d. 35 1
held these assemblies, when their interests were united ; what
then should hinder the people from following the example, when
their interest required them to meet, without their governors, who
were endeavoring to maintain a separate interest ?
At the meeting of the assembly of New-Hampshire, in the
spring, the house of representatives, conformably to the M
proceedings of the assemblies in the other colonies, ap- ay '
pointed a committee of correspondence. The governor, who had
in vain labored to prevent this measure, adjourned the as
sembly, and after a few days, dissolved it; hoping, by Uy
this means, to dissolve the committee also. But they were not
restricted by forms. On a summons issued by the committee,
the representatives met again, in their own chamber. The ., „
governor, attended by the sheriff of the county, went y
among them. They rose at his entrance. He declared their
meeting illegal, and directed the sheriff to make open proclama
tion, for all persons to disperse, and keep the king's peace. When
he had retired, they resumed their seats ; but, on further consid
eration, adjourned to another house ; and after some conversa
tion, wrote letters to all the towns in the province ; requesting
them to send deputies, to hold a convention at Exeter, who
should choose delegates for a general congress ; and to pay their
respective quotas of two hundred pounds, agreeably to the last
proportion of the provincial tax. They also recommended a day
of fasting and prayer, to be observed by the several congregations,
on account of the gloomy appearance of public affairs. The day
was observed, with religious solemnity. The money was collec
ted. Eighty-five deputies were chosen and met at Exe- ju]„i4
ter, where they delegated Nathaniel Folsom and John
Sullivan, Esquires, to attend the proposed congress, at u y
Philadelphia, in September, and delivered to them the money
which had been collected, to defray their expenses. They also
recommended the distressed, state of Boston, to the commisera
tion of their brethren in New-Hampshire ; and contributions
were raised in many of the towns for their relief.
The governor was now convinced, and in his letters to the
ministry acknowledged, that ' the union of the colonies would not
' be lost in New-Hampshire.'1 At the same time, he did the
people the justice to say, that they had abstained from violence
and outrage, and that the laws had their course. In his letters,
which were published by the ministry, there appears a spirit of
candor toward the people, as well as a desire to recommend
himself to the approbation of his superiors. Though he saw
another authority rising in the province, founded on the broad
basis of public opinion, and unrestrained representation, an au
thority over which he had no influence or control ; yet he eh-
(1) Parliamentary register, 1775, vol. i. p. 61, &c.

352 HISTORY OF NEW-HAMPSHIRE. [1774.
deavored to preserve the shadow of the royal government, and
keep up its forms as long as possible.
But it was impracticable for a person, circumstanced as he
was, to withstand the spirit of the people.* That his wish was
to prevent a rupture, there is sufficient evidence, for candor to
believe. But it cannot be thought strange, that in his endeavors
to comply with the expectations of the ministry, and their instru
ments, which he conceived to be his duty, he should fall into such
a snare, as to lose the affections of the people ; for it was impos
sible to please both.
The troops in Boston wanted barracks, to secure them against
the approaching winter. The artificers of the town, were, by the
popular voice, restrained from working in the service of govern
ment. General Gage was therefore obliged to send for assistance
to the neighboring governors, and, among others, to Governor
Wentworth. Instead of convening his council for their advice,
or issuing a proclamation, inviting help and promising a reward,
he privately employed a person to hire carpenters to go to Boston.
It was impossible that the secret should be kept, and when it was
known, his best friends reprobated his conduct. The committee
of Portsmouth, at the head of which, was his uncle, Hunking
Wentworth, bore^their public testimony against it ; and censured
him, not by name, but by implication, as ' an enemy to the com
munity,' and the men whom he had employed, as ' unworthy of
society.' The agent in this secret business, was brought on his
knees before the committee of Rochester, and made an humble
acknowledgment. This prudent step of the committee, disarmed
the popular rage, and prevented any injury to his person or
property. The transactions of the congress which met at Philadelphia,
were universally approved. The spirit of them was firm, but
g . pacific. The mode of opposition, to the arbitrary claims
of Britain, which they recommended, was non-importation
and non-consumption. But in the close of their address, to their
constituents, they advised them to ' extend their views to the most
* unhappy events, and to be in all respects prepared for every
' contingency.' Not long after this advice was made public, a
contingency presented itself, in which the people of New-Hamp
shire gave an example of that spirit, by which the whole country
was animated.
An order having been passed by the king in council, prohibiting
the exportation df gunpowder and other military stores, to Ameri-
* The following paragraph, of one of his private letters, written at that
time, to a confidential friend, deserves to be remembered.
' Our hemisphere threatens a hurricane. I have in vain strove, almost to
* death, to prevent it. If I can, at last, bring out of it, safety to my country,
' and honor to our sovereign, my labors will be joyful. My heart is devoted
' to it, and you know its sincerity.' MS. letter to T. W. W.

1774.] PROVINCE. JOHN WENTWORTH, 2d. 353
ca ; a copy of it was brought by express to Portsmouth, at a time,
when a ship of war was daily expected from Boston, with D
a party of troops, to take possession of Fort William "C' '
and Mary, at the entrance of the harbor. The committee of the
town, with all possible secrecy and despatch, collected a company,
from that and some of the neighboring towns ; and before the
governor had any suspicion of their intentions, they proceeded to
Newcastle, and assaulted the fort. The captain and his five
men (which was the whole garrison) were confined, and one hun
dred barrels of powder were carried off. The next day, another
company went and removed fifteen of the lightest cannon, and all
the small arms, with some other warlike stores ; which they dis
tributed in the several towns, under the care of the committees.
Major John Sullivan, and Captain John Langdon, distinguished
themselves, as leaders in this affair. It was transacted with great
expedition and alacrity, and in the most fortunate point of time ;
just before the arrival of the Scarborough frigate, and Canseau
sloop, with several companies of soldiers ; who took possession of
the fort, and of the heavy cannon which had not been removed.
The governor put the five men, who belonged to the fort, on
board the ships of war, to be reserved as evidences in case of a
prosecution of the offenders for high treason ; and having con
sulted counsel in this and the neighboring province, thought it his
duty ; that he might prevent any charge of misprision of treason
against himself; to dismiss from public trust, all those persons
concerned in the assault of the fort, who had held any office un
der the government, and concerning whose proceedings he had
authentic testimony. He also issued a proclamation,* command-
* [The following is a copy of the proclamation :
Province of New-Hampshire. — A Proclamation by the Governor.
Whereas, several bodies of men did, in the day time of the 14th, and in the
night of the 15th of this instant December, in the most daring and rebellious
manner invest, attack, and forcibly enter into his majesty's castle William
and Mary in this province, and overpowering and confining the captain and
garrison, did, besides committing many treasonable insults and outrages,
break open the magazine of said castle and plunder it of above one hun
dred barrels of gunpowder, with upwards of sixty stand of small arms, and
did also force from the ramparts of said castle and carry off sixteen pieces
of cannon, and other military stores, in open hostility and direct oppugna-
tio» of his majesty's government, and in the most atrocious contempt of
his crown and dignity ; —
I do, by advice and consent of his majesty's council, issue this proclama
tion, ordering and requiring, in his majesty's name, all magistrates and other
officers, whether civil or military, as they regard their duty to the king and
9i[i tenor of the oaths they have solemnly taken and subscribed, to exert
themselves in detecting and securing in some of his majesty's goals in this
province the said offenders, in order to their being brought to condign pun
ishment ; And from motives of duty to the king and regard to the welfare of
the good people of this province : I do in the most earnest and solemn man
ner, exhort and injoin you, his majesty's liege subjects of this government, to
beware of suffering yourselves to be seduced by the false arts or menaces of
abandoned men, to abet, protect, or screen from justice any of the said high
handed offenders, or to withhold or secrete his majesty's munition forcibly ta-
47

354 HISTORY OF NEW-HAMPSHIRE. [1774.
ing all officers, civil and military, to assist in detecting and secur
ing the offenders ; and exhorting all people to beware of being
seduced, by the false arts and menaces of abandoned men.*
It was thought proper by the governor and some of his friends,
to form an association, for the support of the royal government,
and for their mutual defence. They boasted, that an hundred
men could be procured, from the ships, at a minute's warning.
„_„ This transaction exposed the weakness of the cause, which
' they meant to support ; for what could an hundred men
do against the whole country ?
A second convention of deputies met at Exeter, to consult on
the state of affairs, and appoint delegates for the next general
. „5 congress, to be holden on the tenth of May, at Philadel-
' phia. Major Sullivan and Captain Langdon were chosen ;
and the sum of two hundred and fifty pounds, were ordered to
defray their expenses. This convention issued an address to the
people, warning them of their danger ; exhorting them to union,
peace and harmony, frugality, industry, manufactures, and learn
ing the military art ; that they might be able, if necessary, to de
fend the country against invasion. They appointed a committee
of correspondence, with power to call another convention, when
they should judge it necessary.
The winter passed away in gloomy apprehension and anxiety.
Men of consideration saw that a wide breach was made, and that
it could not easily be closed. Some happy genius was wanting
to plan, and wisdom on both sides to adopt, a constitution for
Britain and America. Royal charters and instructions, acts of
parliament and precedents of all kinds, were at best but a rotten
ken from his castle ; but that each and every of you will use your utmost
endeavors to detect and discover the perpetrators of these crimes to the civil
magistrate, and assist in securing and bringing them to justice, and in recov
ering the king's munition ; This injunction it is my bounded duty to lay
strictly upon you, and to require your obedience thereto, as you value indi
vidually your faith and allegiance to his majesty, as you wish to preserve that
reputation to the province in general ; and as you would avert the dreadful
but most certain consequences of a contrary conduct to yourselves and pos
terity. Given at the council-chamber in Portsmouth, the 26th day of December, in
the 15th year of the reign of our sovereign lord George the Third, by the
grace of God, of Great-Britain, France and Ireland, king, defender of
the faith, &c. and in the year of our Lord Christ, 1774.
J. WENTWORTH.
By his excellency's command,
with advice of council,
Theodore Atkinson, Sec'ry.
God save the King.]
* [1774. Warner, Deering, Nelson, Stoddard, Erroll, Kilkenny, Mills-
field, Piercy and Whitefield were granted or incorporated. During the rev
olutionary war, the following towns were incorporated : viz. in 1776, Wash
ington and Marlborough ; 1777, Antrim, Moultonborough and New-Hampton ;
1778, Fishersfield and New-Chester; 1779, Andover, Hancock, New-London
and Northumberland; 1780, Orange and Northfield ; 1781, Thornton; and
1782, Pittsfield.]

1774.] PROVINCE. JOHN WENTWORTH, 2d. 355
foundation. The store of temporary expedients was exhausted.
It was doubtful whether force could generate submission, or
whether resistance could enervate force. Neither country was
sensible of the strength and resources of the other. The press
teemed with arguments on both sides ; but no plan of conciliation
was adopted. A fair and candid representation of our grievances
could not be received, in the court of Britain. Each side was
tenacious of its claims, and there appeared no disposition to relax.
When two independent nations are in such a state, they generally
find among their friends and allies, some mediating power, to bring
them to terms and prevent a rupture. Between Britain and
America, no mediator could be found. The controversy could
be decided only by the supreme arbiter of nations.
The first ships, which arrived in the spring, brought us news
that the petition of congress was graciously received by the king ;
and that the merchants of England were petitioning in our favor.
This revived our hopes. Soon after, we were informed, that the
parliament had voted the existence of a rebellion in Massachu
setts ; and that the other colonies were aiding and assisting :
That the lords and commons had addressed the king, to enforce
the revenue-acts, and had assured him, that they would stand by
him, with their lives and fortunes : That the king had demanded
an augmentation of his forces, by sea and land : That the com
merce of the New-England colonies was to be restrained, and
their fishery prohibited ; and that an additional number of troops,
horse and foot, were ordered to America. These tidings threw
us into distress. A war seemed inevitable ; and a gloom over
spread the whole country. The people of Boston began to re
move from the town ; and those, who could not remove, were
solicitous to secure their most valuable effects. In the midst of
this distress, a frigate arrived express from England ; with . 14
an account of a proposal made and voted in parliament,
which was called Lord North's conciliatory proposition. It was
this ; ' that when any colony by their governor, council and as-
' sembly, shall engage to make provision, for the support of civil
' government, and administration of justice, in such colony ; it
' will be proper, if such proposal be approved by the king and
' parliament, for so long time as such provision shall be made, to
' forbear to levy any duties or taxes in such colony, except for
' the regulation of commerce ; the neat proceeds of which shall
* be carried to the account of such colony respectively.' The
troops, however, were to remain ; and the refractory colonies were
to be punished. This proposition was said to be founded on some
advice, received from New-York, that if concessions were made
by parliament, they would censure the proceedings of congress,
and break the union of the colonies. The proposal was evidently
a bait thrown out to divide us, and tempt us to desert the colony

356 HISTORY OF NEW-HAMPSHIRE. [1775.
of Massachusetts ; who could not comply, without submitting to
the alteration, lately made by parliament in their charter.
What might have been the effect of this proposition in the other
colonies, if it had been allowed time to operate, is uncertain.
The conduct of General Gage, on receiving this news, was in the
highest degree absurd and inconsistent. He had been blamed in
parliament for his inactivity. He had friends in Boston, who con
stantly assured him, that the people in the country would not dare
to face his troops. He had been informed of a magazine of pro
visions and stores, at Concord, laid up by the provincial congress,
in case of extremity. With the news of the conciliatory propo
sition, he received orders to make an experiment of its success.
On the eighteenth day of April, he issued writs for calling a gen
eral assembly, to comply with the proposed terms of reconcilia
tion ; and in the night following, he privately despatched a body
of his troops, to destroy the magazine at Concord ; and to seize
some of the leaders of opposition, who had retired from the town.
"He was induced to believe, that if between the issuing of his writs,
and the meeting of the assembly, he could strike a bold stroke ;
it would so intimidate the people, and unfit them for defence, that
they would easily comply with the terms proposed. But he to
tally mistook the genius of the people of New-England. Nor
were his designs carried on so secretly as he imagined. The
popular leaders were seasonably apprised of their danger, and
kept themselves out of his reach. The country was alarmed, by
expresses sent off in the night, before he had taken the precaution
to shut the avenues of the town. A company of armed citizens
kept guard at Lexington, on the road to Concord. The British
troops, when they appeared in the morning, having ordered them
to disperse, fired upon them, as they were retiring, and killed
A 19 several on the spot. They then proceeded to Concord,
' and destroyed such of the stores as had not been removed ;
and having accomplished their object, as far as they were able,
they retreated through showers of musquetry from the people,
who suddenly collected from all quarters to oppose them.
On the alarm of this act of hostility, the people of New-Hamp
shire, and of the other colonies, took arms, and flew to the assist
ance of their brethren.
Notwithstanding this ill-advised and unsuccessful attempt of
Gage, Governor Wentworth had very sanguine hopes of the good
effect of the ' conciliatory proposition ;' and determined, as he
said, ' to plant the root of peace in New-Hampshire.' He sum
moned a new assembly ; and in his speech, entreated them, as
M . 'the only legal and constitutional representatives of the
' people, to direct their counsels to such measures, as
' might tend to secure their peace and safety ; and effectually
' lead to a restoration of the public tranquillity ; and an affection-

1775.] PROVINCE. JOHN WENTWORTH, 2d. 357
' ate reconciliation with the mother country.' The house desired
a short recess, that they might advise with their constituents on
so momentous a question ; and the governor reluctantly consent
ed to adjourn them to the twelfth day of June.
In the mean time, the officers and men of the Scarborough
began to dismantle the fort ; they also stopped two vessels laden
with provisions, which were coining into the harbor ; and not
withstanding the most pressing remonstrances of the inhabitants,
and solicitation of the governor, refused to release them. Upon
this, a body of armed men, went to a battery on Jerry's M
point, at Great-Island, and took away eight cannon of ay
twenty-four and thirty-two pound shot, which they brought up to
Portsmouth ; and whilst they were engaged in this work, the
Canseau sloop convoyed the two provision vessels to Boston, for
the supply of the fleet and army.
A new convention was at this time sitting at Exeter ; in which
the province was more fully and equally represented, than it ever
had been before. They passed votes of thanks to those who had
taken the powder and guns from the fort, in the preceding winter,
and to those who had removed the cannon from the battery.
They also instructed the representatives, how to act at the next
meeting of the assembly; and the voice of the convention was
regarded by the house, as the voice of their constituents.
At the adjournment, the governor again recommended ' the
conciliatory proposition.' The first step which the house . 12
took, was in obedience to the voice of the convention, to
expel three members whom the governor had called by the king's
writ, from three new townships ; whilst many other towns, of
much older standing, and more populous, were neglected, and
never enjoyed the privilege of representation, but in the newly
established conventions. The governor then adjourned the as
sembly to the eleventh of July. One of the expelled members,
having spoken his mind freely without doors, was ussaulted by
the populace, and took shelter in the governor's house. The
people demanded him, and brought a gun, mounted on a carriage,
to the door ; upon which the offender was delivered up, and
conveyed to Exeter. The governor, conceiving himself insulted,
retired to the fort ; and his house became a scene of pillage.
When the assembly met again, he sent a message from the
fort, and adjourned them to the twenty-eighth of Septem- Jul n
ber; but they never met any more. He continued under the
protection of the Scarborough, and another ship of war, till all the
remaining cannon of the fort were taken on board, and then A ^
sajled for Boston. In September, he came to the Isles of
Shoals, and there issued a proclamation, adjourning the assembly
to the next April. This was the last act of his administration, and
the last time that he set his foot in the province. Thus an end

358 HISTORY OF NEW-HAMPSHIRE. [1775.
was put to the British government in New-Hampshire, when it
had subsisted ninety-five years.
From this view of the administration of Governor Wentworth,
it is easy to conclude, that his intentions were pacific ; and whilst
the temper of the times allowed him to act agreeably to his own
principles, his government was acceptable and beneficial; but
when matters had come to the worst, his faults were as few, and
his conduct as temperate, as could be expected from a servant of
the crown. If a comparison be drawn, between him and most of
the other governors on this continent, at the beginning of the rev
olution, he must appear to advantage. Instead of widening the
breach, he endeavored to close it ; and when his efforts failed, he
retired from a situation, where he could no longer exercise the
office of a governor ; leaving his estate and many of his friends ;
and preserving only his commission, as surveyor of the king's
woods ; the limits of which were much contracted by the suc
ceeding revolution.*

CHAPTER XXV.
War with Britain. Change of government. Temporary constitution. In
dependence. Military exertions. Stark's expedition. Employment of
troops during the war.
When the controversy with Britain shewed symptoms of hos
tility, and the design of the ministry and parliament to provoke
177f. us to arms became apparent, the people of New-Hamp
shire began seriously to meditate the defence of their
country. It was uncertain in what manner the scene would open ;
for this and other reasons no regular plan of operations could be
formed. By the old militia law, every male inhabitant, from
sixteen years old to sixty, was obliged to be provided with a mus-
* [John Wentworth, was son of Mark Hunking Wentworth, and was the
fifth in descent from elder William Wentworth, mentioned under the year
1689. He was born about 1736, and graduated at Harvard college in 1755,
and his name stands as the fifth in the class, being preceded by the names of
Cushing, Appleton, Brown and Livingston. He received the appointment of
governor when he was but 31 years of age, being advanced to that station at
an earlier age than any of his predecessors, or any who has succeeded him.
After leaving New-Hampshire in 1775, he was appointed governor of Nova-
Scotia, and resided at Halifax, where he died 8 April, 1820, aged 84. He re
ceived the title of baronet from George III., and was honored by the univer
sities of Oxford, in England, and Aberdeen, in Scotland, with the degree of
Doctor of Laws. He received a similar honor from Dartmouth college^—
The late Dr. Dwight in speaking of his character, describes him as " a man
of sound understanding, refined taste, enlarged views, and a dignified spirit ;
and as retiring from the chair with a higher reputation than any other man
who held ths same office he did in the country."]

1775.] STATE. MESHECH WEARE. 359
ket and bayonet, knapsack, cartridge-box, one pound of powder,
twenty bullets and twelve flints. Every town was obliged to
keep in readiness one barrel of powder, two hundred pounds of
lead and three hundred flints, for every sixty men ; besides a
quantity of arms and ammunition for the supply of such as were
not able to provide themselves with the necessary articles. Even
those persons who were exempted from appearing at the common
military trainings, were obliged to keep the same arms and am
munition. In a time of peace, these requisitions were neglected,
and the people in general were not completely furnished, nor the
towns supplied according to law. The care which the governor
had taken to appoint officers of militia and review the regi
ments, for some years before, had awakened their attention to the
duties of the parade ; which were performed with renewed ardor,
after the provincial convention had recommended the learning of
military exercises and manoeuvres. Voluntary associations were
formed for this purpose, and the most experienced persons were
chosen to command on these occasions. To prevent false rumors
and confusion, the committees of inspection in each town were
also committees of correspondence, by whom all intelligence con
cerning the motions of the British, were to be communicated ;
and proper persons were retained to carry expresses when there
should be occasion.
In this state of anxiety and expectation ; when an early spring
had invited the husbandman to the labor of the field ; General
Gage thought it proper to open the drama of war. The
alarm was immediately communicated from town to town pr'
through the whole country, and volunteers flocked from all parts ;
till a body of ten thousand men assembled in the neighborhood of
Boston, completely invested it on the land side, and cut of all
communication with the country.
On the first alarm, about twelve hundred men marched from
the nearest parts of New-Hampshire, to join their brethren, who
had assembled in arms about Boston. Of these, some returned ;
others formed themselves into two regiments, under the authority
of the Massachusetts convention. As soon as the provin- Ma x„
cial congress of New-Hampshire met, they voted to raise
two thousand men, to be formed into three regiments ; those
which were already there to be accounted as two, and another to
be enlisted immediately. These men engaged to serve till the
last day of December, unless sooner discharged. The command
of these regiments was given to the Colonels John Stark, James
Reed and Enoch Poor. The two former were present in the
memorable battle on the heights of Charlestown, being Junel7
posted on the left wing, behind a fence ; from which they
sorely galled the British as they advanced to the attack, and cut
them down by whole ranks at once. In their retreat, they lost

SCO HISTORY OF NEW-HAMPSHIRE. [1775.
several men, and among others, the brave Major Andrew McCla-
ry, who was killed by a cannon shot after he had passed the isth
mus of Charlestown.* On the alarm occasioned by this battle, the
. „0 third regiment collected and marched to the camp ; and with
' the other New-Hampshire troops, was posted on the left
wing of the army at Winter-Hill, under the immediate command of
Brigadier-General Sullivan, who with the other general officers,
received his appointment from congress.
It had been a common sentiment among the British troops, that
the Americans would not dare to fight with them. This battle
effectually convinced them of their mistake. They found that
fighting with us was a serious thing ; and the loss which they sus
tained in this battle, evidently had an influence on their subse
quent operations.
Whilst the Scarborough frigate remained in the harbor of Pas
cataqua, frequent bickerings happened between her crew and the
inhabitants. Captain Berkeley seized all inward bound ves
sels, and sent them to Boston. He also prevented the boats be
longing to the river from going out to catch fish. This conduct
was conformable to the orders which he had received to execute
the restraining act. In return, his boats were not permitted to
fetch provisions from the town ; and one of them was fired upon
in the night, by some of the guards stationed on the shore. A
compromise, at length, was made between him and the committee
of the town ; open boats were permitted to pass, to catch fish for
the inhabitants ; and his boats were allowed to take fresh provis
ions for the use of the ship. This agreement subsisted but a short
time, and finally all intercourse was cut off.
After the departure of the ship, the people went in volunteer
parties, under the direction of Major Ezekiel Worthen, whom the
Aua- 24 convenuon appointed engineer, and built forts on the points
' of two islands, which form a narrow channel, about a mile
below the town of Portsmouth. One of these was called Fort
Washington, and the other Fort Sullivan. The cannon which
had been saved from the old fort and battery were mounted here,
and the town was thought to be secure from being surprised by
ships of war.
The tenth of September was the last day of exportation
fixed by the general congress. Most of the vessels which sailed
* [Andrew McClaey was son of Andrew McClary of Epsom, who with
his brother John were early inhabitants of that town. The male line of the
family name has become extinct. Major McClary was an active and efficient
officer. Swett, Hist, of Bunker Hill Battle, 2d edit. p. 48.
In a letter from Colonel Stark to Matthew Thornton, written two days af
ter the battle of Bunker Hill, (see Coll. ofN. H. Hist. Soc. ii. 145) it appears
that the number lost from Stark's regiment, was 15 killed and missing, and
60 wounded ; the number from Colonel Reed's regiment was 3 killed, 1 miss
ing and 29 wounded. The. number in Swett's History, where the names of
the killed are given, is different from the account given in this letter.]

1775.] STATE. MESHECH WEARE. SGI
out of the harbor were seized by the British cruisers, and carried
into Boston. One was retaken by a privateer of Beverly, and
carried into Cape-Anne.
In the following month, several British armed vessels were sent
to burn the town of Falmouth ; which was in part effect- Q
ed, by throwing carcases and sending a party on shore,
under cover of their guns. It was suspected that they had the
same design against Portsmouth. General Washington despatch
ed Brigadier-General Sullivan from the camp at Cambridge, with
orders to take the command of the militia and defend the harbor
of Pascataqua. On this occasion, the works on the islands were
strengthened ; a boom, constructed with masts and chains, was
thrown across the Narrows, which was several times broken by
the rapidity of the current, until it was impossible to secure the
passage by such means ; an old ship was scuttled and sunk in the
northern channel of the river ; a company of rifle-men, from the
camp, was posted on Great-Island ; and fire-rafts were construct
ed to burn the enemy's shipping. These preparations served to
keep up the spirits of the people ; but many families, not thinking
themselves safe in Portsmouth, removed into the country, and
there remained till the next spring.
A spirit of violent resentment was excited against all who were
suspected of a disposition inimical to the American cause. Some
persons were taken up on suspicion and imprisoned ; some fled
to Nova-Scotia, or to England, or joined the British army in
Boston. Others were restricted to certain limits and their mo
tions continually watched. The passions of jealousy, hatred and
revenge were freely indulged, and the tongue of slander was un
der no restraint. Wise and good men secretly lamented these
excesses; but no effectual remedy could be administered. All
commissions under the former authority being annulled, the courts
of justice were shut, and the sword of magistracy was sheathed.
The provincial convention directed the general affairs of the war ;
and town committees had a discretionary, but undefined power to
preserve domestic peace. Habits of decency, family government,
and the good examples of influential persons, contributed more
to maintain order than any other authority. The value of these
secret bonds of society was now more than ever conspicuous.
In the convention which met at Exeter, in May, and continued
sitting with but little interruption till November, one hundred and
two towns were represented, by one hundred and thirty-three
members.1 Their first care was to establish post offices ; to ap
point a committee of supplies for the army, and a committee of
safety. To this last committee, the general instruction was sim
ilar to that, given by the Romans, to their dictators, ' to take un-
* der consideration, all matters in which the welfare of the prov-
(1) MS. Records of Convention.
48

362 HISTORY OF NEW-HAMPSHIRE. [1775.
' ince, in the security of their rights, is concerned ; and to take
' the utmost care, that the public sustain no damage.'* Particu-
ar instructions were given to them, from time to time, as occa
sion required. They were considered as the supreme executive ;
and during the recess of the convention, their orders and recom
mendations had the same effect as the acts and resolves of that
whole body.
By an order of the convention, the former secretary, Theodore
Atkinson, Esquire, delivered up the province records, to a com
mittee which was sent to receive them, and Ebenezer Thompson,
Esquire, was appointed in his place. The records of deeds, and
of the probate office, for the county of Rockingham, were also
removed to Exeter, as a place of greater safety than Portsmouth.
The former treasurer, George Jaffrey, Esquire, was applied to
for the public money in his hands, which, to the amount of one
thousand five hundred and sixteen pounds, four shillings and eight
pence, he delivered ; and Nicholas Gilman, Esquire, was ap
pointed treasurer in his room.f
During this year, three emissions of paper bills were made.
The first, of ten thousand and fifty pounds ; the second, of ten
thousand pounds ; and the third, of twenty thousand pounds.
For the amount of those sums, the treasurer gave his- obligation
in small notes, which passed for a time, as current money, equal
in value to silver and gold. But as emissions were multiplied, as
the redemption of the bills was put off to distant periods, and the
bills themselves were counterfeited, it was impossible for them
long to hold their value.
Beside the three regiments which made part of the American
army at Cambridge, a company of artillery was raised to do duty
at the forts. A company of rangers was posted on Connecticut
river ; and two companies more were appointed, to be" ready to
march wherever the committee of safety should direct. The
whole militia was divided into twelve regiments ; the field officers
were appointed by the convention, and the inferior officers were
chosen by the companies. Out of the militia were inlisted four
regiments of minute-men, so called, because they were to be
ready at a minute's warning. They were constantly trained to
military duty, and when called to service were allowed the same
* ' Ne quid detrimenti respublica capiat.'
t [Nicholas Gilman was son of Daniel Gilman, of Exeter, a grandson of
the Hon. John Gilman, one of the first council under President Cutt, in 1680.
(See page 90.) He was born 31 October, 1731, and received a common
school education. He was elected a counsellor under the temporary consti
tution of New-Hampshire in 1777, and, by annual elections, continued in of
fice until his death, 7 April, 1783. Three of his sons enjoyed some of the
first offices in the state. Nicholas, the eldest, died while a senator in con
gress, in 1814. John Taylor, after having been governor of the state fourteen
years, died 31 August, 1828, ae. 75. Nathaniel, now living, has been senator
in the state legislature and state treasurer.]

1775.] STATE. MESHECH WEARE. 363
pay as the regiments in the continental army. In the succeeding
winter, when the Connecticut forces had withdrawn from the camp,
because their time of service was expired, sixteen companies of
the New-Hampshire militia, of sixty-one men each, supplied their
place, till the British troops evacuated Boston.
The convention having been appointed for six months only ;
before the expiration of that time, applied to the general congress
for their advice, respecting some mode of government for the
future. In answer to which, the congress recommended „ ,
to them, ' to call a full and free representation of the
' people ; that these representatives, if they should think it neces-
' sary, might establish such a form of government, as, in their
' judgment, would best conduce to the happiness of the people,
' and most effectually tend to secure peace and good order in the
' province, during the continuance of the dispute between Great -
' Britain and the colonies.' On receiving this advice, the con
vention took into their consideration the mode in which a N . .
full and free representation should be called ; and finally
agreed, that each elector should possess a real estate of twenty
pounds value, and every candidate for election, one of three hun
dred pounds; that every town, consisting of one hundred families,
should send one representative ; and one more for every hundred
families ; and that those towns which contained a less number than
one hundred should be classed. They had before ordered a sur
vey to be made of the number of people in the several counties ;
and having obtained it, they determined, that the number of rep
resentatives to the next convention, should bear the following pro
portion to the number of people, viz.
Rockingham, 37850 people 38 representatives.
13
17
15 6
In all, 82200 89
These representatives were to be empowered, by their constit
uents, to assume government as recommended by the general
congress, and to continue for one whole year from the time of such
assumption. The wages of the members were to be paid by
the several towns, and their travelling expenses out of the
public treasury. Having formed this plan, and sent cop- Noy 16
ies of it to the several towns, the convention dissolved.
This convention was composed chiefly of men who knew noth
ing of the theory of government, and had never before been con
cerned in public business. In the short term of six months, they
acquired so much knowledge by experience, as to be convinced,

Strafford,

12713

Hillsborough,

16447

Cheshire,

11089

Grafton,

4101

364 HISTORY OF NEW-HAMPSHlRE. [l77C,
that it was improper for a legislative assembly to consist of one
house only. As soon as the new convention came together, they
Dec 21 drew UP a temporary form of government ; and, agree-
- „„„ ably to the trust reposed in them by their constituents*
having assumed the name and authority of the house of
Jan. 5. representatives, they proceeded to choose twelve persons,
to be a distinct branch of the legislature, by the name of a coun-'
cil. Of these, five were chosen from the county of Rockingham,
two from Strafford, two from Hillsborough, two from Cheshire
and one from Grafton. These were empowered to elect their
own president, and any seven of them were to be a quorum. It
was ordained, that no act or resolve should be valid, unless pass
ed by both branches of the legislature ; that all money bills should
originate in the house of representatives ; that neither house should
adjourn for more than two days, without the consent of the other ;
that a secretary, and all other public officers of the colony, and of
each county, for the current year, all general and field officers
of militia, and all officers of the marching regiments, should be
appointed by the two houses ; all subordinate militia officers by
their respective companies; that the present assembly should
subsist one year, and if the dispute with Britain should continue
longer, arid the general congress should give no directions to the
contrary, that precepts should be issued annually to the several
towns on or before the first day of November, for the choice of
counsellors and representatives, to be returned by the third
Wednesday in December.
In this hasty production, there were some material defects.
One was the want of an executive branch of government. To
remedy this, the two houses, during their session, performed ex
ecutive as well as legislative duty ; and at every adjournment
appointed a committee of safety, to sit in the recess, with the same
powers, as had been given in the preceding year, by the conven
tion. The number of this committee varied from six to sixteen.
The president of the council was also president of this executive
committee. The person chosen to fill this chair was an old, tried,
faithful servant of the public, the honorable Meshech Weare,
Esquire, who was also appointed chief justice of the superior court.
So great was the confidence of the people in this gentleman, that
they scrupled not to invest him, at the same time, with the highest
offices, legislative, executive, and judicial ; in which he was con
tinued by annual elections during the whole war.*
* [Of a character so beloved and esteemed as President Weare, a note more
extended than this, should be given, but the want of suitable materials, will
permit only the following notice.
The family of Weares was an early one in New-England, although not
among the earliest. Peter Weare, probably the first ancestor of the President
who came hither, died 12 October, 1653, at Newbury, Massachusetts, in
which place he had resided some time. His son, Nathaniel Weare, resided in

1776.]

STATE. MESHECH WEARE. 355

This constitution was prefaced with several reasons for adopting
government, viz. That the British parliament had, by many
grievous and oppressive acts, deprived us of our native rights ;
to enforce obedience to which acts, the ministry of that kingdom
had sent a powerful fleet and army into this country, and had
wantonly and cruelly abused their power, in destroying our lives
and property ; that the sudden and abrupt departure of our late
governor, had left us destitute of legislation ; that no judicial courts
were open to punish offenders ; and that the continental congress
had recommended the adoption of a form of government. Upon
these grounds, the convention made a declaration in these words,
' We conceive ourselves reduced to the necessity of establishing a
' form of government, to continue during the present unhappy
' and unnatural contest with Great-Britain ; protesting and de-
' daring, that we never sought to throw off our dependence on
' Great-Britain ; but felt ourselves happy under her protection,
' whilst we could enjoy Our constitutional rights and privileges 5
' and that we shall rejoice, if such a reconciliation between us and
' our parent state can be effected, as shall be approved by the
that place several years, and afterwards removed to Hampton, as intimated in
a note, p. 103. Peter Weare, the son of Nathaniel, was born at Newbury, 13
Nov. 1660, and was appointed a counsellor of N. H. in 1698. The father of
the President was Nathaniel Weare, who was probably son of Peter Weare,
the counsellor. He had four sons and eight daughters. Meshech Weake
Was the youngest of the sons, and was born at what was then Hampton, iri
1714. He graduated at Harvard college, then under President Wadsworth;
in the year 1735, and devoted some time to theological studies, which he re
linquished for the calls of civil and political life. He was chosen speaker of
the house of representatives in 1752; and in 1754, was appointed a commis
sioner to the congress at Albany, and was afterwards one of the justices of
the superior court of New-Hampshire. In 1776, he was chosen president of
the state under the new constitution, adopted that year to continue during
the war, and was annually elected to the same office during the contest with
Great-Britain. He was also appointed to the office of chief justice in 1777,
which he held at the same time he sustained the office of chief magistrate.
In 1784, he was elected the first president under the constitution which was
adopted in 1783, and which went into operation the following year ; but on
account of his declining health, he resigned his office before the expiration of
the political year. He enjoyed not only civil honors, but was complimented
with those of a literary kind. In 1782, he was elected a fellow of the Amer
ican academy of arts and sciences, which two years before had gone into ope
ration in Massachusetts, under very favorable auspices. His election was
announced to him by the corresponding secretary, Rev. Joseph Willard, the
president of Harvard college.
Being worn out with public service and the infirmities of age, President
Weare departed this life at his residence at Hampton-Falls, on the twenty-
fifth of January, 1786, having entered on the 73d year of his age.
In speaking of his character, Dr. Belknap, who personally knew him, says,
" he was not a person of an original inventive genius, but had a clear discern
ment, extensive knowledge, accurate judgment, calm temper, a modest de
portment, an upright and benevolent heart, and a habit of prudence and dili
gence in discharging the various duties of public and private life. He did
not enrich himself by his public employment, but was one of those good men,
' who dare to love their country and be poor.' "
The two last paragraphs have been transferred from a note in the Appendix
to the 2d vol. of the former editions, to this place.]

366 HISTORY OF NEW-HAMPSHIRE. [1776*
' continental congress, in whose prudence and wisdom we con-
' fide.'* Such was the language, and such were the sentiments of the
people at that time ; and had the British government, on the re
moval of their troops from Boston, treated with us, in answer to
our last petition, upon the principle of reconciliation ; and restored
us to the state in which we were before the stamp-act was made,
they might even then, have preserved their connexion with us.
But in the course of a few months, we not only found our petitions
disregarded, and our professions of attachment to the parent state
treated as hypocritical ; but their hostile intentions became so ap
parent, and our situation was so singular, that there could be no
hope of safety for us, without dissolving our connexion with them,
and assuming that equal rank among the powers of the earth for
which nature had destined us, and to which the voice of reason
and providence loudly called us. Britain had engaged foreign
mercenaries to assist in subjugating us ; justice required that we
should in our turn court foreign aid ; but this could not be had,
whilst we acknowledged ourselves subjects of the crown against
whose power we were struggling. The exertions which we had
made, and the blood which we had shed, were deemed too great
a price for reconciliation to a power which still claimed the right
' to bind us in all cases whatsoever,' and which held out to us un
conditional submission, as the only terms on which we were to
expect even a pardon. Subjection to a prince who had thrown
us out of his protection ; who had ruined our commerce, destroy
ed our cities and spilled our blood ; and who would not govern
us at all, without the interposition of a legislative body, in whose
election we had no voice, was an idea too absurd to be any longer
entertained. These sentiments, being set in their just light by va
rious publications and addresses, had such force as to produce a
total change of the public opinion. Independence became the
general voice of the same people, who but a few months before
had petitioned for reconciliation. When this could not be had,
but on terms disgraceful to the cause which we had undertaken
to support, we were driven to that as our only refuge. The
minds of the people at large in most of the colonies being thus in-
* [This was the first constitution, it has been said, which was adopted by
any of the colonies, after the revolution commenced. It met with a small
opposition from some of the delegates, andfromthe inhabitants of Portsmouth.
Twelve of the former entered their protest against it, and the following among
other reasons are given for their dissent. " Because the colonies of New-
York and Virginia, which are in similar circumstances with us, are much
larger and more opulent, and, we presume, much wiser, (to whom we would
pay all due deference) have not attempted any thing of this kind, nor, as we
¦can learn, ever desired it." The ninth reason was " Because it appears to
us too much like setting up an Independency of the Mother Country." —
Portsmouth sent in a remonstrance 12 January, 1776, but the new govern
ment went into operation with much energy, and but little complamt was
made by the people after the first year.]

1776.]

STATE. MESHECH WEARE. 357

fiuenced, they called upon their delegates in congress to execute
the act which should sever us from foreign dominion, and put us
into a situation to govern ourselves.*
It ought ever to be remembered, that the declaration of our in
dependence was made, at a point of time, when no royal
governor had even the shadow of authority in any of the U
colonies ; and when no British troops had any footing on this con
tinent. The country was then absolutely our own. A formidable
* On the 11th of June, 1776, a committee was chosen by the assembly of
New-Hampshire ' to make a draught of a declaration of the general assembly
' for the Independence of the united colonies on Great Britain, to be trans-
• ' mitted to our delegates in congress.' [The proceedings of the assembly,
and the declaration are here introduced, copied from the records in the secre
tary's office.Declaration of Independence by New-Hampshire in 1776.
In the House of Representatives, June 11, 1776.
"Voted, That Samuel Cutts, Timothy Walker and John Dudley, Esquires,
be a committee of this house to join a committee of the honorable board, to
make a draft of a declaration of this general assembly for Independence o£
the united colonies, on Great-Britain." June 15, 1776.
" The committee of both houses, appointed to prepare a draft setting forth
the sentiments and opinion of the council and assembly of this colony relative
to the united colonies setting up an independent state, make report as on file
— which report being read and considered, Voted unanimously, That the re
port of said committee be received and accepted, and that the draft by them
brought in be sent to our delegates at the continental congress forthwith as
the sense of the house."
" The draft made by the committee of both houses, relating to independen
cy, and voted as the sense of this house, is as follows, viz.
" Whereas it now appears an undoubted fact, that notwithstanding all the-
dutiful petitions and decent remonstrances from the American colonies, and
the utmost exertions of their best friends in England on their behalf, the Brit
ish ministry, arbitrary and vindictive, are yet determined to reduce by fire
and sword our bleeding country, to their absolute obedience ; and for this pur
pose, in addition to their own forces, have engaged great numbers of foreign
mercenaries, who may now be on their passage here, accompanied by a for--
midable fleet to ravish and plunder the sea-coast ; from all which we may
reasonably expect the most dismal scenes of distress the ensuing year, unless.
we exert ourselves by every means and precaution possible ; and whereas we
of this colony of New-Hampshire have the example of several of the most re-
spectable of our sister colonies before us for entering upon that most import
ant step of disunion from Great-Britain, and declaring ourselves FREE and
INDEPENDENT of the crown thereof, being irnpelled thereto by the most
violent and injurious treatment ; and it appearing absolutely necessary in this
most critical juncture of our public affairs, that the honorable the continental
congress, who have this important object under immediate consideration,
should be also informed of our resolutions thereon without loss of time, we
do hereby declare that it is the opinion of this assembly that our delegates at:
the continental congress should be instructed, and they are hereby instruct
ed, to join with the other colonies in declaring the thirteen united colonies a
free and independent state — solemnly pledging our faith and honor, that wa
will on our parts support the measure with our lives and fortunes—and that
in consequence thereof they, the continental congress, on whose wisdom, fi
delity and integrity we rely, may enter into and form such alliances as they
may judge most conducive to the present safety and future advantage of these
American colonies : Provided, the regulation of our own internal police ba
under the direction of our own assembly.
Entered according to the original,
Attest, NOAH EMERY, Clr. D. Reps.J

3(38 HISTORY OF NEW-HAMPSHIRE. [1776.
force was indeed collected on our coasts, ready to invade us ; and
in the face of that armament, this decisive step was taken. The
declaration was received with joy by the American army then
assembled at New-York. Within fourteen days, it was published
by beat of drum in all the shire towns of New-Hampshire.
u y 'It relieved us from a state of embarrassment. We then
knew the ground on which we stood, and from that time, every
thing assumed a new appearance. The jargon of distinctions
between the limits of authority on the one side, and of liberty on
the other, was done away. The single question was, whether
we should be conquered provinces, or free and independent states.
On this question, every person was able to form his own judgment ;
and it was of such magnitude that no man could be at a loss to
stake his life on its decision.1 *
It is amusing to recollect, at this distance of time, that one ef
fect of independence was an aversion to every thing which bore
the name and marks of royalty. Sign boards on which were
painted the king's arms, or the crown and sceptre, or the portraits
of any branches of the royal family, were pulled down or defaced.
Pictures and escutcheons of the same kind in private houses
were inverted or concealed. The names of streets, which had
been called after a king or queen were altered ; and the half
pence, which bore the name of George III., were either refused
in payment, or degraded to farthings. These last have not yet
recovered their value.
The new assembly began their administration by establishing
judicial courts, on the same system as before, excepting that the
court of appeals, which had long been esteemed a grievance, was
abolished, and all appeals to Great-Britain were prohibited. Ap
peals from the probate courts, which formerly came before the
governor and council, were transferred to the superior court,
whose judgment was now made final. Encouragement was given
to fit out armed vessels, and a maritime court was established for
the trial of captures by sea. A law was made to punish the coun
terfeiting of the paper bills of this and of the United States ; and
to make them ' a tender for any money due by deed or simple
' contract.' After the declaration of independence the style of
{1) Observations on the American Revolution, p. 57, 58,
* [The delegates from New-Hampshire in congress, who signed the declara
tion of independence, were Josiah Bartlett, William Whipple and Mat
thew Thornton, of each of whom a memoir is given in the national work,
Biography of the Signers of the Declaration of .Independence. As the editor of
this work furnished the biographer of these men all the facts and materials in
his possession, he can add nothing new to their history, but refers the reader
to the work mentioned. The most important information contained in this
work has been condensed by N. D wight of the city of New- York, and publish
ed in a duodecimo volume.]

1776.] STATE. MESHECH WEARE. 369
Colony was changed for that of the State of New-Hampshire.
A new law was enacted to regulate the militia. More paper bills
were issued to pay the expenses of the war ; and provision was
made lor drawing m some of the bills by taxes. Doubts had
arisen, whether the former laws were in force ; a special act was
therefore passed, reviving and re-enacting all the laws which
were in force, at the time when government was assumed ; as far
as they were not repugnant to the new form, or to the indepen
dence of the colonies, or not actually repealed.*
The congress having ordered several frigates to be built in dif
ferent places ; one of thirty-two guns, called the Raleigh, M
was launched at Portsmouth, in sixty days from the time May21'
when her keel was laid ; but for want of guns and ammunition, and
other necessaries, it was a long time before she was completely
fitted for the sea. The making of salt-petre was encouraged by
a bounty; and many trials were made before it was produced in
purity. Powder mills were erected, and the manufacture of gun
powder was, after some time, established ; but notwithstanding all
our exertions, foreign supplies were necessary.
For the service of this year, two thousand men were raised,
and formed into three regiments, under the same commanders as
in the former year. Three hundred men were posted at the forts
in the harbor. Supplies of fire arms and ammunition were sent
to the western parts of the state, and a regiment was raised in
that quarter, under the command of Colonel Timothy Bedel, to
be ready to march into Canada.
The three regiments went with the army under General Wash
ington to New-York; and thence were ordered up the Hudson,
and down the lakes into Canada, under the immediate command
of Brigadier-General Sullivan. The design of this movement
was to succor and reinforce the army, which had been sent, the
preceding year, against Quebec ; and which was now retreating
before a superior force, which had arrived from Britain, as early
as the navigation of the St. Lawrence was opened. Our troops
having met the retreating army at the mouth of the Sorel, threw
up some slight works round their camp. General Thomas, who
had commanded the army after the fall of the brave Montgomery,
was dead of the small-pox. f Arnold was engaged in stripping
* [1776. The towns of Washington, formerly Cambden, and Marlborough,
formerly New-Marlborough, were incorporated on the 13 December, this year.
Acts and Laws of the state of New-Hampshire, folio 57, 58.]
t [General John Thomas was from Massachusetts, and was descended from
one of the most ancient and respectable families in the county of Plymouth.
His death was deplored as a great public calamity. He was distinguished by
great prudence and judgment, as well as resolution and intrepidity. He was
appointed a major-general on the continental establishment in March, 1776 ;
but had been second in command in the provincial army in the summer of
1775, till General Washington arrived at Cambridge. He had also served
with reputation as a field officer in the war of 1756, between England and
49

370 HISTORY OF NEW-HAMPSHIRE. [1776.
the merchants of Montreal, under pretence of supplying the army;
and Thompson was taken prisoner in an unsuccessful attack on
the village of Trois Rivieres. The command therefore devolved
on Sullivan, who, finding a retreat necessary, conducted it with
great prudence. At this time, the American troops, and in par
ticular the regiments of New-Hampshire, had taken the infection
of the small-pox. The sick were placed in batteaux, and with the
cannon and stores, were drawn against the rapid current, by the
strength of men on shore, or wading in the water ; and so close
was the pursuit of the enemy, that they could scarcely find time
to kindle a fire to dress their victuals, or dry their clothes. At
St. John's, the pursuit ceased. On the arrival of our army at
, , . Ticonderoga, Sullivan, being superseded by Gates, re
turned to the main army at New-York. The troops in
the northern department being reinforced by the militia of the
neighboring states, fortified the posts of Ticonderoga and Mount
Independence. Besides the small pox, a dysentery and putrid
fever raged among them ; and it was computed, that of the New-
Hampshire regiments, nearly one third part died this year by sick
ness. When the danger of an attack on Ticonderoga for that season,
was passed, the remaining part of the New-Hampshire troops
marched by the way of the Minisinks, into Pennsylvania. There
they joined General Washington, and assisted in the glorious
capture of the Hessians at Trenton, and afterward in the battle of
Princeton. Though worn down with fatigue, and almost destitute
of clothing, in that inclement season, (December and January,)
they continued in the service six weeks after the term of their
enlistment had expired ; and two regiments of the militia which
were sent to reinforce the army remained till March.
By this time, the inconvenience of maintaining an army, by an
nual enlistments and temporary levies, was severely felt, and gen-
- _„„ erally reprobated ; and the congress, though slow in listen
ing to remonstrances on this head, were obliged to adopt
a more permanent establishment. In recruiting the army for the
next year, the officers were appointed by congress, during the
war; and the men enlisted either for that term, or for three
years. The commanders of the three regiments of New-Hamp
shire, were the Colonels Joseph Cilley,* Nathan Hale and Alex-
France. Bradford, Hist, of Mass. ii. 104. He died at Chamblee. It has been
said that from some scruples, he refused to be inoculated for the small-pox
himself, and would not suffer his troops to receive inoculation.] '
* [Joseph Cilley was of Nottingham, where his father was one of the
early settlers. He was distinguished for his bravery and patriotism during
the whole revolutionary contest. After the liberties of the country were se
cured, he was several times elected a representative to the legislature of New-
Hampshire, and in 1797 and 1798, was chosen one of the executive council.
He was appointed major-general of the militia, 22 June, 1786, in which office
he remained a number of years. He died at Nottingham in August, 1799,
aged 65.]

1777.] STATE. MESHECH WEARE. 871
ander Scammell. These regiments were supplied with new
French arms ; and their rendezvous was at Ticonderoga, under
the immediate command of Brigadier-General Poor. There they
remained, till the approach of the British army under Jul 6
General Burgoyne, rendered it eligible to abandon that U y
post. On the retreat, Colonel Hale's battalion was ordered to
cover the rear of the invalids, by which means, he was seven miles
behind the main body. The next morning, he was attacked, by
an advanced party of the enemy at Hubberton.* In this engage
ment, Major Titcomb of the New-Hampshire troops, was wound
ed. Colonel Hale, Captains Robertson, Carr, and Norris, Ad
jutant Elliot, and two other officers were taken prisoners, with
about one hundred men. The main body of the army continued
their retreat to Saratoga. On their way, they had a skirmish
with the enemy at Fort Anne, in which Captain Weare, son of
the president, was mortally wounded, and died at Albany.
Immediately after the evacuation of Ticonderoga, the commit
tee of the New-Hampshire grants (who had now formed themselves
into a new state) wrote in the most pressing terms, to the Jul g
committee of safety at Exeter for assistance, and said that
if none should be afforded to them, they should be obliged to re
treat to the New-England states for safety.1 When the news of
this affair reached New-Hampshire, the assembly had finished
their spring session and returned home. A summons from , , -_
the committee brought them together again; and in a short
session of three days only, they took the most effectual and deci
sive steps for the defence of the country. They formed the
whole militia of the state into two brigades ; of the first, they gave
the command to William Whipple,f and of the second, to John
Stark. They ordered one fourth part of Stark's brigade, and one
fourth of three regiments of the other brigade, to march immedi
ately under his command, 'to stop the progress of the enemy on
' our western frontiers.' They ordered the militia officers, to take
(1) Original letters in files.
* [In the county of Rutland in Vermont. It is often written Hubbardton,
which is probably the correct orthography.]
t [William Whipple was a native of Kittery, in Maine, where he was
born in 1730. Before he was 21 years of age, he obtained the command of a
vessel, and performed a number of voyages to the West Indies, and to Eu
rope. In 1759, he abandoned the sea, and went into business at Portsmouth ;
was a delegate from that town to the convention at Exeter, in 1775 ; was one
of the first council of New-Hampshire after the war with Great-Britain com
menced ; was a delegate to the general congress at Philadelphia, and one of
the signers of the declaration of independence. In 1777, he changed his po*
litical for a military character, and received the appointment above named.
His services to the American cause were important. After the war closed,
he was appointed judge of the superior court of judicature, in which office he
remained about three years. He died at Portsmouth, 10 November, 1785,
aged 54. Adams, Annals of Portsmouth, 281— 284.— Biography of the Sign
ers of the Declaration of Independence, V. 73 — 98.]

372 History of new-hampshire. [1777.
away arms, from all persons, who scrupled or refused to assist, in
defending the country ; and appointed a day of fasting and prayer,
which was observed with great solemnity.
The appointment of Stark, to this command, with the same pay
as a brigadier in the continental service, was peculiarly grateful
to the people, as well as to himself. In an arrangement of gen
eral officers, in the preceding year, Poor, a junior officer, had
been promoted, whilst he was neglected. He had written on this
subject to congress, and his letters were laid on the table. He
therefore quitted the army, and retired to his own state.* He
was now by the unanimous voice of his fellow citizens, invested
with a separate command, and received orders to ' repair to
' Charlestown on Connecticut river ; there to consult with a com-
' mittee of New-Hampshire grants, respecting his future opera-
' tions and the supply of his men with provisions ; to take the
' command of the militia and march into the grants to act in con-
' junction with the troops of that new state, or any other of the
' states, or of the United States, or separately, as it should appear
' expedient to him ; for the protection of the people and the an-
' noyance of the enemy.'1
In a few days, he proceeded to Charlestown, and as fast as his
men arrived, he sent them forward, to join the forces of the new
state, under Colonel Warner, who had taken post at Manchester,
twenty miles northward of Bennington.2 Here, Stark joined him,
and met with General Lincoln, who had been sent from Stillwa
ter, by General Schuyler, commander of the northern depart
ment, to conduct the militia to the west side of Hudson's river.
Stark informed him of his orders, and of the danger which the
inhabitants of the grants apprehended from the enemy, and from
their disaffected neighbors ; that he had consulted with the com
mittee, and that it was the determination of the people, in case
he should join the continental army and leave them exposed, that
they would retire to the east of Connecticut river ; in which case
New-Hampshire would be a frontier. He therefore determined
to remain on the flank of the enemy, and to watch their motions.
For this purpose, he collected his force at Bennington, and left
A Warner with his regiment at Manchester. A report of
this determination was transmitted to congress, and the
(1) MS. copy of orders on file. (2) Aug. 17 — MS. copy of Lincoln's letter.
* [Upon his resignation, the council and house of delegates of New-Hamp
shire, on the 21 March, 1777, passed the following vote : " Voted that the
thanks of both houses in convention be given to Colonel Stark, for his good
services in the present war, and that from his early and steadfast attachments
to the cause of his country, they make not the least doubt that his future con
duct in whatever state of life providence may place him, will manifest the
same noble disposition of mind." Whereupon the thanks of both houses
were presented to Colonel Stark by the honorable the president. Records of
the House of Reps. vol. ii. 120.]

1777.] STATE. MESHECH WEARE. 373
orders on which it was founded were by them disapproved ; but
the propriety of it was evinced by the subsequent facts.
General Burgoyne, with the main body of the British army lay
at fort Edward. Thence he detached Lieutenant Colonel Baum,
with about fifteen hundred of his German troops, and one hun
dred Indians, to pervade the grants as far as Connecticut river,
with a view to collect horses to mount the dragoons, and cattle,
both for labor and provisions ; and to return to the army with his
booty. He was to persuade the people among whom he should
pass, that his detachment was the advanced guard of the British
• army, which was marching to Boston. He was accompanied by-
Colonel Skeene, who was well acquainted with the country ; and
he was ordered to secure his camp by night.1
The Indians who preceeded this detachment, being discovered
about twelve miles from Bennington ; Stark detached Colonel
Gregg,* with two hundred men, to stop their march. In the eve
ning of the same day, he was informed that a body of regular
troops, with a train of artillery, was in full march for Bennington. 2
The next morning, he marched with his whole brigade, . 14
and some of the militia of the grants, to support Gregg,
who found himself unable to withstand the superior number of the
enemy. Having proceeded about four miles, he met Gregg re
treating, and the main hody of the enemy pursuing, within half a
mile of his rear. When they discovered Stark's column, they
halted in an advantageous position ; and he drew up his men on an
eminence in open view ; but could not bring them to an engage
ment. He then marched back, about a mile, and encamped J
leaving a few men to skirmish with them ; who killed thirty of the
enemy and two of the Indian chiefs. The next day was . -,
rainy. Stark kept his position, and sent out parties to
harass the enemy. Many of the Indians took this opportunity to
desert ; because, as they said, ' the woods were full of yankees.'
On the following morning, Stark was joined by a com- . .,-
pany of militia from the grants, and another from the coun
ty of Berkshire, in Massachusetts. His whole force amounted to
about sixteen hundred. He sent Colonel Nichols,f with two
(1) MS. copy of Burgoyne's orders. (2) Aug. 13— Stark's MS. letters in
files. * [Col. William Gregg was born at Londonderry, 21 October, 1730. He
was son of Capt. John Gregg, and grandson of Capt. James Gregg, who was
one of the first sixteen who settled that town, as mentioned page 192. There
is a short memoir of Colonel Gregg's revolutionary services in the Coll. of
Farmer and Moore, iii. p. 311. At the close of the war, he retired to his farm,
and employed himself in the pursuits of husbandry till within a few years of
his death. He died at Londonderry on the 16 September, 1824, having al
most completed his 94th year.]
t [Col. Moses Nichols was of Amherst, where he died 23d May, 1790, aged
50 years. He was appointed a colonel of the 6th regiment of N. H. militia, 6
Dec. 1776; was a delegate to the convention, which met in 1778 to form a

374 HISTORY OF NEW-HAMPSHIRE. [1777.
hundred and fifty men, to the rear of the enemy's left wing ; and
Colonel Hendrick, with three hundred, to the rear of their right.
He placed three hundred to oppose their front and draw their at
tention. Then sending Colonels Hubbard and Stickney,* with
two hundred to attack the right wing, and one hundred more to
reinforce Nichols in the rear of their left, the attack began in that
quarter precisely at three of the clock in the afternoon. It was
immediately seconded by the other detachments ; and at the same
time, Stark himself advanced with the main body. The engage
ment lasted two hours ; at the end of which he forced their breast
works, took two pieces of brass cannon and a number of prisoners ; •
the rest retreated.
Just at this instant, he received intelligence that another body
of the enemy was within two miles of him. This was a reinforce
ment for which Baum had sent, when he first knew the force
which he was to oppose. It was commanded by Colonel Brey-
man. Happily Warner's regiment from Manchester came up
with them and stopped, them. Stark rallied his men and renew
ed the action ; it was warm and desperate ; he used, with success,
the cannon which he had taken ; and at sunset obliged the enemy
to retreat. He pursued them till night, and then halted, to pre
vent his own men from killing each other, in the dark. He took
from the enemy two other pieces of cannon, with all their baggage,
wagons and horses. Two hundred and twenty-six men were
found dead on the field. Their commander, Baum, was taken
and died of his wounds ; beside whom, thirty-three officers, and
above seven hundred privates, were made prisoners. Of Stark's
brigade, four officers and ten privates were killed and forty-two
were wounded.
In the account of this battle, which Stark sent to the committee
of New-Hampshire, he said, ' our people behaved with the great-
Aug 18 ' est sP'"t an(* Dravery imaginable. Had every man been
' ' an Alexander, or a Charles of Sweden, they could not
£ have behaved better.' He was sensible of the advantage of
keeping on the flank of the enemy's main body ; and therefore
sent for one thousand men to replace those whose time had ex
pired ; but intimated to the committee that he himself should re-*
new constitution, and a representative from Amherst in 1781 and 1782, and
subsequently a brigadier-general. He was register of deeds of Hillsborough
county from 1776 to his death. He was bred a physician and practised with
much success. He left several sons, the eldest of whom was Moses Nichols,
Esq. a physician, who resided in Thornton, in Canada, in Amherst, and after
wards again in Canada, to which place he removed in 1811, and where he
lately sustained the office of judge of some court.]
* [Col. Thomas Stickney, son of Lieut. Jeremiah Stickney, was a native
of Bradford, Massachusetts, but spent nearly his whole life in Concord, in this
state, where his father removed about the year 1731, and where the colonel
died 26 January, 1809, in the 80th year of his age. Moore, Annals of Con
cord, 63.]

1777.] STATE, MESHECH WEARE. 375
turn with the brigade. They cordially thanked him ' for the very
' essential service which he had done to the country,' but earnest
ly pressed him to continue in the command ; and sent him a re
inforcement, ' assuring the men that they were to serve under
' General Stark.' This argument prevailed with the men to
march, and with Stark to remain.
„, The prisoners taken in this battle were sent to Boston. The
trophies were divided between New-Hampshire and Massachu
setts. But congress heard of this victory by accident. Having
waited some time in expectation of letters, and none arriving ; in
quiry was made why Stark had not written to congress ? He
answered, that his correspondence with them was closed, as they
had not attended to his last letters. They took the hint ; and
though they had but a few days before resolved, that the instruc
tions which he had received were destructive of military subor
dination, and prejudicial to the common cause ; yet they present
ed their thanks to him, and to the officers and troops under his
command, and promoted him to the rank of a brigadier-general,
in the army of the United States.*
This victory gave a severe check to the hopes of the enemy,
and raised the spirits of the people after long depression. It
wholly changed the face of affairs in the northern department.
Instead of disappointment and retreat, and the loss of men by
hard labor and sickness ; we now were convinced, not only that
our militia could fight without being covered by intrenchments ;
but that they were able, even without artillery, to cope with regu
lar troops in their intrenchments. The success thus gained was
regarded as a good omen of farther advantages. ' Let us get
them into the woods,' was the language of the whole country.
Burgoyne was daily putting his army into a more hazardous situ
ation ; and we determined that no exertion should be wanting on
our part to complete the ruin of his boasted enterprise. The
northern army was reinforced by the militia of all the neighboring
states. Brigadier Whipple marched with a great part of his brig
ade ; besides which, volunteers in abundance from every part of
New-Hampshire flew to the northern army now commanded by
General Gates. Two desperate battles were fought, the one at Still
water, and the other at Saratoga ; in both of which, the troops of
New-Hampshire had a large share of the honor due to the Amer-
* [General John Stakk was a native of Londonderry, and died at Man
chester, (formerly Derryfield) 8 May, 1822, having nearly completed his 94th
year. Excepting Gen. Sumpter of South-Carolina, he was the last surviving
general who had a command in the war of the American revolution. It is
only necessary to refer the reader for a biography of him to the Coll. of Far
mer and Moore, i. 92 — 116, and the sketch of his life published in the Boston
Statesman, in 1829, and copied into various papers the same year. In the
392d number of Sir Richard Phillips's London Magazine, there is an account
of him which is very erroneous and ridiculous. The editor of that workhow-
evet afterwards received more correct information respecting General Stark.]

376 HISTORY OF NEW-HAMPSHIRE. [1777.
ican army. In the former action, two lieutenant-colonels, Adams
and Colburn,* and Lieutenant Thomas, were slain in the field ; and
several other brave officers were wounded, one of whom, Captain
Bell, died in the hospital. In the latter, Lieutenant-Colonel Con
ner and Lieutenant McClary were killed, with a great number of
their men ; and Colonel Scammell was wounded. The conse
quence of these battles was the surrender of Burgoyne's army.
This grand object being attained, the New-Hampshire regiments
performed a march of forty miles, and forded the Mohawk river,
below the falls, in the space of fourteen hours. The design of
this rapid movement was to check the progress of a detachment,
commanded by the British general, Clinton ; who threatened Al
bany with the same destruction which he had spread in the country
below ; but on hearing the fate of Burgoyne, he returned quietly
to New- York. The regiments then marched into Pennsylvania
and passed the winter in huts at Valley-Forge. Besides those
officers slain at the northward, we sustained a loss in the death of
Major Edward Sherburne, aid de camp to General Sullivan, who
was killed in a bold, but unsuccessful action at Germantown.f
After the capture of Burgoyne's army, all danger of invasion
from Canada ceased ; and the theatre of the war was removed to
the southward. The troops of New-Hampshire, being formed
into a distinct brigade, partook of all the services and sufferings,
to which their brethren were exposed. In the battle of Monmouth,
a part of them were closely engaged, under the conduct of Colonel
.„„„ Cilley and Lieutenant-Colonel Dearborn ; and behaved
with such bravery as to merit the particular approbation of
their illustrious general. They continued with the main body, all
that campaign, and were hutted, in the following winter, at Read
ing. In the summer of 1778, when a French fleet appeared on our
coast, to aid us in the contest with Britain ; an invasion of Rhode-
Island, then possessed by the British, was projected, and General
Sullivan had the command. Detachments of militia and volun
teers, from Massachusetts and New-Hampshire, formed a part of
his troops. But a violent storm having prevented the co-operation
of the French fleet and driven them to sea ; the army, after a
few skirmishes, was under the disagreeable necessity of quitting
the island ; and the retreat was conducted by Sullivan with the
greatest caution and prudence. J
* [Lieut. Colonel Andrew Coleukn belonged to Marlborough, and re
ceived the appointment of lieutenant-colonel of the third battalion, raised in
New-Hampshire in 1776. He was a brave meritorious officer.]
t [1777. Antrim, being part of a place called Society-Lands, was incorpo
rated 22 March. Acts and Laws of the state of New-Hampshire, folio, p. 76.
The towns of Moultonborough and New-Hampton were incorporated 27 Nov
ember. Ibid. 93, 94.]
X [1778. The towns of Grafton, New-Chester and Fishersfield were incor
porated on the 11, 20 and 27 of November respectively. Acts and Laws of
the state of New-Hampshire, folio 127, 131, 137.]

1779.] STATE. MESHECH WEARE. 377
When an expedition into the Indian country was determined
on, General Sullivan was appointed to the command, and the New-
Hampshire brigade made a part of his force. His route
was up the river Susquehanna into the country of the Sen- 1779-
ecas ; a tract imperfectly known, and into which no troops had
ever penetrated. The order of his march was planned with
great judgment, and executed with much regularity and perse
verance. In several engagements with the savages, the troops of
New-Hampshire behaved with their usual intrepidity. Captain
Cloyes and Lieutenant McAulay were killed, and Major Titcomb
was again badly wounded. The provisions of the army falling
short, before the object of the expedition was completed, the troops
generously agreed to subsist on such as could be found in the In
dian country. After their return, they rejoined the main army,
and passed a third winter in huts, at Newtown in Connecticut.
In the latter end of this year, Sullivan resigned his command and
retired.* In the following year, the New-Hampshire regiments did duty
at the important post of West-Point, and afterward march
ed into New-Jersey, where General Poor died.f Three 1780-
regiments of militia" were employed in the service of this year.
The fourth winter was passed in a hutted cantonment, at a place
called Soldier's Fortune, near Hudson's river. In the close of
this year, the three regiments were reduced to two, which were
commanded by the colonels, Scammell and George Reid. J
The next year, a part of them remained in the state of New-
York, and another part marched to Virginia, and were
present at the capture of the second British army, under
Earl Cornwallis. Here the brave and active Colonel Scammell
was killed. § In the winter, the first regiment, commanded by
* [1779. The towns of Andover, formerly New-Bretton, New-London, for
merly Addition of Alexandria, Hancock, formerly part of the Society-Land
Northumberland, and Stratford were incorporated. Acts and Laws of the
state of New-Hampshire, folio, 156, 157, 163, 165, 166.]
t [Enoch Poor was son of Thomas Poor, of Andover, Massachusetts. He
received his appointment as colonel cf one of the New-Hampshire regiments
in 1775. In 1779, he accompanied General Sullivan in the wilderness as far
as the Gennesee, and defeated the savage enemy. In 1780, he commanded
a brigade under Major General La Fayette. He died in New- Jersey, 8 Sep
tember, 1780, aged 43. See Rev. Israel Evans's oration, at his interment, at
Hackinsack, N. J. — Abbot, Hist, of Andover, 26, 27. — Coll. of Farmer and
Moore, ii. 165, 166.]
f [Geokge Reid was of Londonderry. He was appointed a brigadier-gen
eral of the militia of N. H. 10 August, 1785, and received the appointment of
sheriff of the county of Rockingham, 22 October, 1791. He died in October,
1815, aged 81.]
§ [Alexander Scammell was born in that part -of Mendon, now Milford,
in the county of Worcester, Massachusetts. He graduated at Harvard col
lege in 1769, and after having been engaged in instructing a school at Kings
ton, Massachusetts ; in the study of law under General Sullivan; in assisting
Captain Holland in making surveys for his map of New-Hampshire, and in
50

378 HISTORY OF NEW-HAMPSHIRE. [1782.
Lieutenant-Colonel Dearborn,* was quartered at Saratoga, and
the second on Mohawk river ; in which places they were station
ed, till the close of the following year ; when the approach of
peace relaxed the operations of war. In a few months, the ne
gotiations were so far advanced, that a treaty was made ; and the
same royal lips, which from the throne had pronounced us ' re-
' volted subjects,' now acknowledged us as ' free and indbpen-
' DENT STATE-S.'

CHAPTER XXVI.
Paper money. Confiscations. State constitution. Controversy with Ver
mont.
The war in which we became involved with Britain, found us
not destitute of resources, but unskilled in the art of finance.
Former wars had been maintained by a paper currency ; which,
though it depreciated in some measure, yet was finally redeemed
by the reimbursements which we received from the British treas
ury. We had been also used to issue bills on loan, and receive
landed property as security for its redemption. To the same
mode we had recourse on this occasion, without either of the
foundations on which our former currencies had been supported.
Bills of credit were emitted with no other fund for their redemp
tion than taxation, and that deferred to distant periods. It was
imagined that the justice of our cause, and the united ardor and
patriotism of the people, would preserve the value of these bills
exercising the office of surveyor of the royal forests of New-Hampshire and
Maine, was, in 1775, appointed brigade major, and in 1776, received the ap
pointment of colonel of the third battalion of continental troops raised in this
state. In 1777, he commanded the third regiment from New-Hampshire, and
was wounded in the desperate battle of Saratoga, as stated under the year
1777. In 1780, the levy of this state being reduced to two regiments, he
commanded the first. He was afterwards appointed adjutant general of the
American armies, in which office he was deservedly popular, and secured the
esteem of the officers of the army generally. On the 30 September, 1781, at
the memorable and successful siege at Yorktown, he was the officer of the
day ; and while reconnoitering the situation of the enemy, was surprised by
a party of their horse ; and after being taken prisoner, was inhumanly wound
ed by them. He was conveyed to the city of Williamsburg, Virginia, where
he died on the 6 of October, and where there is a monumental tablet to his
memory. 2 Coll. Mass. Hist. Soc. iii. 176. iv. 90, 95. Coll. of Farmer and
Moore, i. 125. ii. 166, 179, 222. iii. 253,285—289, 388.]
* [Afterwards, secretary of war during President Jefferson's administration,
and in the second war between Great Britain and the United States, the se
nior major general in the U. S. service. He was born at North-Hampton in
this state, 12 February, 1751, and died at Roxbury, Massachusetts, 7 June,
1829, aged 78. A biographical memoir of him was published in the Boston
Patriot and other papers of the day.]

1776.] STATE. MESHECH WEARE. 379
during the contest which we were very sanguine would be short ;
and in fact the circulation of them for the first year was
supported by no other means. But being counterfeited, 177t)*
they began to depreciate, and then it was thought necessary to
enact a law against forging them, and to make them a legal
tender in all payments. In some of the states, these bills u y
were made a tender for the interest, but not for the principal of
former debts ; but in New-Hampshire, if the creditor should re
fuse them when offered in payment, the whole debt was cancelled.
Had this law regarded future contracts only, every man would
have known on what terms to make his engagements ; but to de
clare it legal to pay debts, already contracted, with money of an
inferior value, was altogether unjust. It was not in human pow
er to prevent a depreciation of the bills ; and the enforcing of
their currency accelerated the destruction of their value. The
fraudulent debtor took advantage of this law to cheat his creditor,
under color of justice ; whilst the creditor had no other refuge,
than in some cases privately to transfer the written obligation ; and
in other cases to refuse the tender, at the risk indeed of losing
the debt ; but in hope that justice would at some future time have
its course. Husbandmen, who lived remote from the scene of
hostilities, and who had the produce of the earth at their com
mand, were able to keep their property good. Hawkers and
monopolizers, who crept from obscurity and assumed the name
of merchants, could even increase their substance in these perilous
times. But those persons whose property was in other men's
hands ; or whose living depended on stated salaries ; or whose
honest minds could not descend to practise knavery, though es
tablished by law, were doomed to suffer.
To palliate these evils, at one time, a law was enacted against
monopoly and extortion ; and when found impracticable, . „„„
it was repealed. At other times, the prices of different
articles were stated under severe penalties ; but ways were soon
found to evade these establishments ; and when found ineffectual,
the laws were repealed. It is not consistent with the nature of
commerce to bear such restrictions ; and the laws increased the
evils which they pretended to cure. At another time, public
sales by auction were prohibited, because it was said that they
were the means of depreciating- the currency ; but in fact they
served only to demonstrate its real value. There was a disposi
tion in the governing part of the people to keep out of sight the
true cause of this growing mischief. Even the general congress,
in a public address which they ordered to be read in the congre
gations, assembled for religious worship, after saying much in praise
of paper money, told us, that it was ' the only kind of money
' which could not make to itself wings and fly away.'1 Had this
(1) Circular letter of Sept. 13, 1779.

380 HISTORY OF NEW-HAMPSHIRE. [1777.
been intended as the language of burlesque, it might have been
received with a smile ; in any other sense, it was an insult to the
feelings of honest men.
In the midst of these distresses, frequent meetings of different
bodies of men were held, to consult on some practicable modes of
relief. Committees of counties, and of different states, at various
times, formed projects, and issued public addresses ; but pallia
tives in this, as in all other cases, soon lost their efficacy. From
one of these conventions, holden at Springfield, and composed of
delegates from the New-England states and New- York ; a letter
was addressed to the general congress, which put them on devis
ing means to surmount the existing difficulties.1 Among other ex
pedients they recommended effectual taxation, the opening of
loan-offices, and that the states individually should emit no more
bills of credit. These were salutary proposals ; but the most no
table effect of this letter was a recommendation from congress to
the several states ' to confiscate and make sale of all the real and
' personal estates of such of their inhabitants and other persons as
' had forfeited the same, and the right to the protection of their
' respective states ; and to invest the money arising from the sales
' in continental loan certificates, to be appropriated as the respec-
' tive states should direct.'2
This was a delicate point, and required the most critical dis
cussion. It involved a question o{ national law ; and some per
sons who were acquainted with the subject, thought such a step
not only illegal, but impolitic and dangerous. In cases of war be
tween independent nations, acknowledging no common superior,
the acquisition of immovable property is not complete till confirm
ed by a treaty of peace.3 The war between America and Britain
was so far a war between two independent nations, that the com
mon laws of war ought to have been observed. Had the estates
of absentees been taken into possession, and the income arising
from them been applied to the support of the war ; and had the
question of property remained undecided till the conclusion of a
peace, there is no doubt that the state would have been a gainer
both in reputation and interest ; but when we were daily cheating
and deceiving ourselves with a fraudulent paper medium, it is not
strange that the voice of justice toward those whom we deemed
our enemies could not be heard.
The first step toward executing this recommendation of con-
.„_„ gress, was an act proscribing certain persons, to the num
ber of seventy-six, who had at various times, and for vari
ous reasons, quitted this state.* These were forbidden to return
(1) July and August — MS. minutes of convention. (2) Journal of con
gress, Nov. 27. (3) Vattel.
* [The names of these proscribed persons were John Wentworth, Peter Liv-
ius, John Fisher, Geo. Meserve, Robert Trail, George Boyd, John Fenton,

1778.] STATE. MESHECH WEARE. 381
without leave, under the penalty of transportation ; and in case of
a second return, they were to suffer death.
The next step, was to confiscate the whole estate, real and per
sonal, of twenty-eight of the proscribed ; of whom it was declared
that they had ' justly forfeited all right to protection from the
' state ; and also their right to any farther enjoyment of their in-
' terest and property within it.'
In these acts, no distinction was made between those persons
who had withdrawn themselves from the state, by a sense of their
duty ; those who were in fact British subjects, but occasionally
resident here ; those who had absconded through timidity ; and
those who had committed crimes against express law, and had
fled from justice. No conditional offer of pardon was made ; no
time was allowed for any to return and enter into the service of the
country ; but the whole were put indiscriminately into one black
list, and stigmatised as ' having basely deserted the cause of lib—
' erty, and manifested a disposition inimical to the state, and a
' design to aid its enemies in their wicked purposes.'
Some persons who had legal demands on these estates, had for
the security of their debts laid attachments on them ; but by
another act, all attachments which had been made since the com
mencement of hostilities, were declared null and void, and the
courts were required to dismiss them.
Trustees were appointed in each county to lake possession of
all these estates, real and personal ; and to sell the personal im
mediately at public auction ; with a discretionary power to leave
out of the sale such articles as they should deem necessary to
the support of the families of the proscribed. To preserve some
farther appearance of justice, the creditors of these estates,
though they were not allowed to bid at the auctions without pay
ment, were ordered to exhibit their claims to the trustees, and in
John Cochran, Samuel Hale, jr., Edward Parry, Thomas McDonough, Esquires,
Maj. Robert Rogers, Andrew P. Sparhawk, Patrick Burn, John Smith, Will
iam Johnson Rysam, Stephen Little, Thomas andArchibaid Achincloss, Rob
ert Robinson, Hugh Handerson, GUIam Butler, James McMasters, John Mc-
Masters, George Craige, James Bigby, William Peavey, Benjamin Hart,
Bartholomew Stavers, Philip Bayley, Samuel Holland, Esq., Benning Went
worth, Jude Kennison, Jonathan Dix, Robert Luist Fowle, Benjamin Thomp
son, Esq., Jacob Brown, George Bell, Stephen Holland, Esq., Richard Holland,
John Davidson , James Fulton, Thomas Smith, DennisO'Hala, Edward Gold-
stone Lutwyehe, Esq., Samuel Cummings, Esq., Thomas Cummings, Benjamin
Wliiting, Esq., William Stark, Esq., John Stark, John Stinson, J ohn Stinson, jr.,
Samuel Stinson, Jeremiah Bowen, Zaccheus Cutler, John Holland, Daniel
Farnsworth, John Quigley, John Morrison, Josiah Pomroy, Elijah Willams,
Esq., Thomas Cutler, Eleazar Sanger, Robert Gilmore, Breed Batchelder, Si
mon Baxter, William Baxter, Solomon Willard, Jesse Rice, Enos Stevens, Phin-
ehas Stevens, Solomon Stephens, Levi Willard, John Brooks, Josiah Jones,
and Simeon Jones. Those in italics, by the subsequent act had their estates
confiscated. Acts and Laws of the state of New-Hampshire, folio, 128, 159,
where the residence and profession of each are mentioned. Their residence
may be also found in the index to this work.]

332 HISTORY OF NEW-HAMPSHIRE. [1778.
cases of insolvency, all claims were to be settled by the judges
of probate.
Whilst the settlement of these estates was going on, the money
was rapidly depreciating. After the year 1777, the state issued
no more bills, and the former were called in and exchanged for
treasurer's notes on interest, of a value not less than five pounds.
The continental bills continued passing and depreciating till the
spring of 1781, when suddenly, and by general consent, they
went out of circulation, and solid coin succeeded in their place..
Then a scale of depreciation for the preceding years of the war
was framed, and all past payments were regulated by it. The
treaty of peace obliged us to proceed no farther in the matter of
confiscations. By a subsequent act,* the judges of probate were
empowered to liquidate by the scale of depreciation, the sums
paid into the treasury by the trustees ; to receive claims against
the estates, and to adjust and certify the same to the president,
who was authorised to order the treasurer, to issue notes, bearing
interest from the time when the said sums were paid into the
treasury ; which notes the creditors were to receive in payment ;
but if any of the estates should prove insolvent, then the credi
tors were to receive their average. In this manner, some of these
estates have been settled and the creditors paid ; others remain
unsettled. Some of them barely paid the expenses of their man
agement ; others were rendered insolvent. The estate of the
late governor paid all the demands upon it excepting that of his
father ; who generously withdrew his claim that the other credi
tors might be paid in full.f The clear profit to the state from
* March 1, 1783.
t The following papers are taken from the registry of probate for the coun
ty of Rockingham.
' Rockingham, ss. Feb. 16, 1786. 1 hereby certify, that the sums against
' each person's name herein set down, were respectively due to them the last
' day of July, 1782, from the estate of the late governor, John Wentworth,
' Esq. at which time it appears there had been received into the treasury, a
' sufficiency to pay all the demands, exhibited against him, except his father's ;
' who has withdrawn his, that the others might be paid in full.
' P. White, Judge of Probate.'
' Portsmouth, Feb. 6, 1785. Sir, — After considering the great delays in
' settling the demands against the estate of my son, Governor Wentworth,
' and the probability, from the ill management thereof, before it fell under
' your direction, that it will be greatly insolvent; and feeling for the distress
' of many of the creditors, and wishing that all may have their just demands
' paid, I have determined to remove their embarrassment as far as 1 can, by
' withdrawing my account and claim, until theirs be fully adjusted and dis-
' charged, by you or other proper officers. Reserving to myself still the right
' of claiming, if there should be found a surplus or balance in his favor. For
' as proved by my account and authentic vouchers ready to be produced, that,
' exclusive of my account before, I have paid off several creditors to a con-
' siderable amount, since he left this government ; and had also greatly aug-
' mented the value of his estate at Wolfeborough, by my advances and care
' thereof, all to the benefit of his present creditors. 1 shall therefore be great-
' ly obliged, by your directing that my account be sent me ; and 1 shall hope

1778.] STATE. MESHECH WEARE. 3gg
all these confiscations, as far as it had been ascertained, is incon
siderable. Power when delegated without restrictions, and for the abuse
of which the delegate is not held accountable, has a strong ten
dency toward despotism. The temporary constitution which we
had adopted at the beginning of the war, was found, by experi
ence, to have many imperfections ; and the necessity of checks
and exclusions became every day more evident. Other states
were forming constitutions on certain established principles, and
defining their rights as a preliminary to the delegation of power.
An attempt of the like kind was made in New-Hamp
shire. A convention of delegates, chosen for the pur-
pose, drew up and sent abroad a system of government ; but so
deficient was it in its principles, and so inadequate in its provis
ions, that being proposed to the people, in their town-meetings, it
was rejected. Another convention was appointed, which had
more advantage than the former, the neighbouring state of Massa
chusetts having digested and adopted a constitution, which was
supposed to be an improvement on all which had been framed in
America. This convention had no less than nine sessions, and
continued for more than two years.* In the first plan of govern
ment which they composed, they distinctly stated the alienable
and unalienable rights of the people. They divided the govern
ment into three branches, legislative, executive and judicial, and
defined the limits of each. The legislative branch was compos
ed of a senate and house of representatives. The senate was to
consist of twelve persons, five for the county of Rocking- .„„-
ham, two for Strafford, two for Hillsborough, two for
Cheshire and one for Grafton. These were to be voted for in
town-meetings, and the votes sealed and returned to the secreta
ry's office. The number of representatives was limited to fifty,
and apportioned among the counties, thus ; twenty for Rocking-
' for your future friendly interposition, if it should be found necessary; be-
' ing, with the highest esteem and respect, your most humble servant,
' Mark H. Wentwokth.-I
' Phillips White, Esq.'
A general statement of the claims against the confiscated estate of the late
Governor John Wentworth, and the neat proceeds from the sale of it; the
account being not yet settled. April, 1791.
Dr. The claim of M. H. Wentworth, proved by
authentic vouchers, £13680 10 11
Amount of other claims proved as above, 3877 15 3|
Paid to the several other creditors, since the gov
ernor's absence, by M. H. Wentworth, 819 11 6
£18377 17 8|
Cr. Paid into the treasury by the trustee for said estate, 10435 8 C

f [He was appointed by mandamus one of the counsellors of the province
in 1759. He died 19 December, 1785. Adams, Annals of Portsmouth, 285.]
* From June, 1781 , to October, 1783.

384 HISTORY OF NEW-HAMPSHIRE. [1781.
ham ; eight for Strafford ; ten for Hillsborough ; eight for Chesh
ire ; and four for Grafton. These were to be elected by the
county conventions, consisting of one delegate for every fifty rate
able polls. This mode was recommended, to prevent those in
terested views and that party spirit, which too often appear in
single towns in the election of representatives. The executive
power Was vested in a governor, whom the convention, in their
address to the people, described in the following terms : ' They
' have arrayed him with honors, they have armed him with pow-
' er and set him on high ; but still he is only the right hand of
' your power, and the mirror of your majesty.' But though arm
ed with power and liable to be impeached for misconduct, he
was shrouded from responsibility, by a council, without whose
advice he could not take one step of any importance. The judi
cial department was to be appointed by the executive and sup
ported by the legislative ; but the judges were removable for mis
conduct, by the governor and council, on the address of both
houses of the legislature. Justices of the peace were to hold
their commissions five years only. Provision was made for the
exclusion of persons from holding several offices at the same
time; the reason of which was thus expressed. ' Besides the
' interference of several offices held by the same person in point
' of time, which we have seen, and the difficulty of one man's
' giving his attention to many matters sufficiently to understand
' them all, which we have too often felt ; there is a still stronger
' reason, which is, the difficulty of a man's preserving his integ-
' rity in discharging the duties of each.' The encouragement
of literature was also recommended as essential to the preserva
tion of a free government, and it was declared to be the duty of
legislators to cherish its interests.
This plan was printed and sent to every town. The inhabit-
„ ants were requested to state their objections distinctly to
any particular part, and return them at a fixed time.
The objections were so many and so various, that it became ne
cessary to alter the form and send it out a second time. The
name of governor, and most of his powers, were still retained ;
,-?2 but the mode of representation was altered. Instead of
being elected, by county conventions, the representatives
were to be chosen immediately by the towns ; every in-
ug' ' corporated township containing one hundred and fifty
ratable polls, having the privilege of choosing one ; and every one
containing four hundred and fifty, of choosing two. Particular
attention was given to the mode of appointing officers of militia.
Instead of superior officers being chosen by their inferiors, and
inferior officers by the privates, as -had been practised since the
beginning of the war, the order of appointment was reversed, and
the privates had no power of choice at all. This was said to

1782.] STATE. MESHECH WEARE. 385
be necessary to the preservation of harmony, subordination and dis
cipline. The second plan being sent out was generally approved ;
but it was not completed at the time when the news of peace
arrived. The old form having expired with the war, it was, March
by the votes of the people in their town-meetings, revived April!
and continued for one year longer. In the following autumn, „
the new form was finished ; and the name of governor being c ' '
changed to president, it was a third time printed and declared to
be ' the civil constitution for the state of New-Hampshire.' It
took place on the second day of the following June, and
was introduced at Concord by a religious solemnity,
which has since been repeated at every annual election.
To the convention which formed this constitution, several towns
in the western part of the state did not send delegates. The cause
of this omission, and of some other eccentricities in the conduct ol
the people in that quarter must now be explained.
The inhabitants of the district on the western side of Connecti
cut river, which was severed from New-Hampshire in 1764, had
been engaged in a long and bitter controversy with the govern
ment of New-York. They had even been obliged to have recourse
to arms in defence of their estates ; and frequent acts of violence
had been committed. There was among them a set of intrepid,
men, ready to encounter dangers, and trained to hardy enterprise.
At the commencement of hostilities, by the advice of some prin
cipal opposers of the British government, in the other colonies,,, a
company of those people styling themselves Green Mountain Boys,
marched to Ticonderoga, and wrested that fortress, to- ,,-»,-
gether with Crown-Point, out of the hands of the British ' .,- '
garrisons. A regiment of them was embodied by order and in
the pay of the general congress. Their exertions in the common
cause were meritorious and their services were acceptable.
Soon after the declaration of independence, the inhabitants of
that territory assembled in convention to consider their . „„„
peculiar situation and concert measures for their safety.
The opportunity which then presented for a change in their po->
litical connexions, was too precious to be lost. By the dissolu
tion of the bonds which had held America in subjection to the
crown of Britain, they conceived themselves free from the gov
ernment of New- York, to which the most of them had never
voluntarily submitted ; and, being as they said, reduced to ' a
state of nature,' they thought that they bad a right to form such
connexions as were agreeable to themselves. Accordingly, they
made and published a declaration; ' that they would at ,___
' all times consider themselves as a free and independent '
' state ; capable of regulating their own internal police ; al,p d'
' that they had the sole exclusive right of governing, themselves,
' in such manner as they should choose, not repugnant to the re-
51

386 HISTORY OF NEW-HAMPSHIRE. [1778.
' solves of congress ; and that they were ready to contribute their
' proportion to the common defence.' Under the influence of
these principles, they formed a plan of government and a code of
laws, and petitioned congress to receive them into the union.
The inhabitants on the eastern side of Connecticut river were
very conveniently situated to unite with those on the western
side, and many of them had the same principles and views. —
They argued that the original grant of New-Hampshire to Mason
was circumscribed by a line drawn at the distance of sixty miles
from the sea ; that all the lands westward of that line, being royal
grants, had been held in subjection to the government of New-
Hampshire by force of the royal commissions, which were vacated
by the assumed independence of the American colonies, ; and
therefore that the inhabitants of all those lands had ' reverted to a
' state of nature.'1 By this expression, however, they did not
mean that each individual was reduced to such a state ; but that
each town retained its corporate unity, unconnected with any
superior jurisdiction. They distinguished between commissions
derived from the king, which were revocable at his pleasure, and
incorporations held on certain conditions, which being performed,
the powers and privileges granted by the incorporations were per
petual. They asserted, that jurisdictions, established by royal
commissions, could bind a people together no longer than the
force which first compelled continues to operate ; but when the
coercive power of the king was rejected, and its operation had
ceased, the people had a right to make a stand at the first legal
stage, viz. their town incorporations.2 These, by universal con
sent, were held sacred ; hence they concluded that the major
part of each one of those towns had a right to control the minor
part ; and they considered themselves as so many distinct corpo
rations, until they should agree to unite in one aggregate body.
In these sentiments, the people were not all united. The ma
jority of some towns was in favor of their former connexion, and
CI) Observations on the right of jurisdiction over N. H. Grants. Printed
1778. (2) Public defence of the right of N. H. Grants, &c. Printed 1779.—
[There were several publications relative to the New-Hampshire Grants, of
which I have seen — 1. " A Defence of the New-Hampshire Grants, &c."
(title page missing) printed probably in 1778 or 1779, in small 12 mo. contain
ing 56 pages, to which are added, " Resolves of a Convention held on the
N. Hampshire Grants," 4 pages; 2. " Observations on the Right of Jurisdic
tion claimed by the States of New-York and New-Hampshire over the New-
Hampshire Grants (so called) lying on both sides of Connecticut river. In
a Letter to the Inhabitants on said Grants." 12 mo. pp. 15. Danvers, 1778 ;
3. " A Vindication of the Conduct of the General Assembly of the State of
Vermont, held,at Windsor in October 1778, against Allegations and Remark
of the Protesting Members ; with Observations on their Proceedings at a
Convention held at Cornish, on the 9th of Day of December, 1778. By Ira
Allen. Arlington, 9th Jan. 1779." 12 mo. pp. 48. Dresden, printed by Al-
den-Spooner, 1779. " A Concise Refutation of the Claims of New-Hamp
shire and Massachusetts-Bay, to the Territory of Vermont ; with occasional
Remarks on the long disputed claim of New-York to the same. Written by
Ethan Allen and Jonas Fay, Esqrs." 12 mo. pp, 29. Hartford, 1780.]

1778.] STATE. MESHECH WEARE. 367
in those towns where the majority inclined the other way, the
minority claimed protection of the government.
They supposed that the existence of their town incorporations,
and of the privileges annexed to them, depended on their union
to New-Hampshire ; and that their acceptance of the grants was
in effect an acknowledgment of the jurisdiction, and a submission
to the laws of the state ; from which they could not fairly be dis
engaged without its consent ; as the state had never injured or
oppressed them.
Much pains were taken by the other party, to disseminate the
new ideas. Conventions were held, pamphlets were printed, and
at length, a petition was drawn in the name of sixteen towns* on
the eastern side of Connecticut river, requesting the new state,
Which had assumed the name of Vermont, to receive them into
its union, alleging, ' that they were not connected with any state,
' with respect to their internal police. '1 The assembly at first ap
peared to be against receiving them ; but the members from those
towns which were situated near the river on the west side, de
clared that they would withdraw and join with the people on the
east side, in forming a new state. The question was then refer
red to the people at large, and means were used to influ- , ..
ence a majority of the towns to vote in favor of the union,
which the assembly could not but confirm. The sixteen towns
were accordingly received ; and the Vermont assembly resolved,
that any other towns on the eastern side of the river might be ad
mitted on producing a vote of a majority of the inhabitants, or on
the appointment of a representative. Being thus admitted into
the state of Vermont, they gave notice to the government june22
of New-Hampshire, of the separation which they had
made, and expressed their wish for an amicable settlement of a
jurisdictional line, and a friendly correspondence.
The president of New-Hampshire, in the name of the assem
bly, wrote to the government of Vermont, claiming the A 23
sixteen towns as part of the state, the limits of which had
been determined prior to the revolution ; reminding1" him that -
those towns had sent delegates to the convention in 1775 ; that
they had applied to the assembly for arms and ammunition, which
had been sent to them ; that their military officers had accepted
(1) MSS. in New-Hampshireliles.
* 1 Cornish, 8 Bath,
2 Lebanon, 9 Lyman,
-a name given to the 1n „ , (now divided into Lit-
, n . S district belonging to iu •aPmorP> \ tleton and^Dalton.
3 Dresden, i Dartmouth College ; 11 Enfield,
^but now disused. 12 Canaan.
4 Lime, 13 Cardigan, now Orange,
5 Orford, 14 LandafF,
6 Piermont, 15 Gunthwaite, now New-Concord,
7 Haverhill, 16 .¥om's-toiore,tnow_Franconia.

3S8 HISTORY OF NEW-HAMPSHIRE. [1778.
commissions and obeyed orders from the government ; that the
minority of those towns was averse to a disunion, and had claim
ed protection of the state, which the assembly thought themselves
bound to afford ; and beseeching him to use his influence with the
assembly of Vermont to dissolve the newly formed connexion.
At the same time, the president wrote to the delegates of the
state in congress; desiring them to take advice and endeavor to
Au? 19 0Dl;a'n l^e interposition of that body ; intimating his ap
prehension, that without it, the controversy must be deci
ded by the sword, as every condescending measure had been used
from the beginning and rejected.
The governor and council of Vermont sent a messenger to
congress to see in what light the new state was viewed by them.
On bis return, he reported, that the congress was unanimously
opposed to the union of the sixteen towns with Vermont ; other
wise they (excepting the delegates of New-York) had no objec
tion to the independence of the new state.
At the next session of the Vermont assembly at Windsor,
when the representatives of the sixteen towns had taken their
„ x , seats, a debate arose on a question, whether they should
be erected into a new county, which passed in the nega
tive. Conceiving that they were not admitted to equal privileges
with their brethren, the members from those towns withdrew ;
and were followed by several others belonging to the towns ad
joining the river on the west side. They formed themselves into
a convention, and invited all the towns on both sides of the river
to unite, and set up another state by the name of New-Connecti
cut. This secession had nearly proved fatal to the state of Ver
mont. A ridge of mountains which extends from south to north
through that territory, seemed to form not only a natural, but a
political line of division. A more cordial union subsisted between
the people on the eastern side of the Green Mountains, aud the
eastern side of Connecticut river, than between the latter and
those on the western side of the mountains ; but these alone were
insufficient, without the others, to make a state. The governor,
and other leading men of Vermont, who resided on the west side
of the mountains, wrote letters to the assembly of New-Hamp
shire, informing them of the separation, and expressing their dis
approbation of a connexion with the sixteen towns. The assem
bly regarded these letters as ambiguous, and as not expressing a
disinclination to my future connexion1 with them. Jealousy is
said to be a republican virtue ; it operated on this occasion, and
the event proved that it was not without foundation.
A convention of delegates from several towns on both sides of
D. g the river assembled at Cornish and agreed to unite, with
out any regard to the limits established by the king in
1764 ; and to* make the following proposals to New-Hampshire,

1778.] STATE. MESHECH WEARE. 389
viz. either to agree with them on a dividing line, or to submit the
dispute to congress, or to arbitrators mutually chosen. If neither
of these proposals were accepted, then, in case they could agree
with New-Hampshire on a form of government, they would con
sent that ' the whole of the grants on both sides of the river
' should connect themselves with New-Hampshire, and become
' one entire state, as before the royal determination in 1764.' 
Till one or other of these proposals should be complied with, they
determine ' to trust in providence and defend themselves.'
An attempt was made in the following year to form a a consti
tution for New-Hampshire, in which the limits of the state
were said to be the same as under the royal government
' reserving nevertheless our claim to the New-Hampshire Grants,
' west of Connecticut river.' Though this form of government
was rejected by a majority of the people ; yet there was a dis
position in a great part of the assembly to retain their claim to
the whole of the grants westward of the river. At the same
time, the state of New- York set up a claim to the same lands,
and it was suspected, perhaps not without reason, that intrigues
were forming to divide Vermont between New-Hampshire and
New- York, by the ridge of mountains which runs through the
territory. Certain it is, that the Vermonters were alarmed ; and,
that they might have the same advantage of their adversaries,
they extended their claim westward into New-York, and eastward
into New-Hampshire ; and thus not only the sixteen towns, but
several other towns in the counties of Cheshire and Grafton, be
came incorporated with Vermont by ' articles of union and con-
' federation.' It is not easy to develope the intrigues of the several parties,
or to clear their transactions from the obscurity which surrounds
them.* He who looks for consistency in the proceedings of the
conventions and assemblies which were involved in this controver
sy, will be disappointed. Several interfering interests conspired
to perplex the subject. The people on the western side of the
Green Mountains, wished to have the seat of government among
them. Those adjoining Connecticut river, on both sides, were
desirous of bringing the centre of jurisdiction to the verge of the
river. The leading men in the eastern part of New-Hampshire,
were averse to a removal of the government from its old seat :
Vermont had assumed independence, but its limits were not de
fined. New- York had a claim on that territory as far as Con
necticut river, from which there was no disposition to recede.
That state had been always opposed to the independence of
* The author has spared no pains to gain as perfect a knowledge of these
things as the nature of them will admit. If he has not succeeded in obtain
ing materials, for a just and full account, it is his request that those who are
better acquainted with the subject would oblige the public with mora accu
rate information.

390 HISTORY OF NEW-HAMPSHIRE. [1779,
Vermont. New-Hampshire at first seemed to acquiesce in it ;
and some letters which the President wrote to the Governor of
Vermont, when threatened with invasion in 1777, were understood
as an acknowledgment of it. Had there been no attempt to
unite with the towns on the eastern side of the river, New-Hamp
shire would perhaps never have opposed the independence of
Vermont. But the Assembly was afterward induced to claim all
that territory, which before the year 1764, had been supposed to
be within the limits of the state. This interfered with the claim
of New- York ; and at the same time, Massachusetts put in a claim
to a part of Vermont. The controversy had become so intricate,
that it was thought necessary to be decided by congress ; and
S 24 aPPl'cat'on being made to that body, they recommended
ep ' 'to the three States of New- York, Massachusetts and
New-Hampshire, to pass acts which should authorise congress to
determine their boundaries ; and at the same time, they advised
the people of Vermont to relinquish jurisdiction over all persons
on the west or east sides of Connecticut river, who had not denied
the authority of New- York and New-Hampshire ; and to abstain
from granting lands, or confiscating estates, within their assumed
limits, till the matter should be decided. The states of New-
York and New-Hampshire passed these acts ; but Massachusetts
did not. The Vermont assembly proceeded in granting lands and
confiscating estates ; and congress could only resolve that their
proceedings were unwarrantable.
It was necessary that nine states should be present in congress,
beside those whose claims were to be heard. A deficiency in
the representation caused a long delay ; but after the expiration
of another year, the question was brought on. The claims of
,„n0 New- York and New-Hampshire were put in ; and both
pleaded that Vermont had no right to independence.
Sept. 20. rpjjg agents 0f tne New-State asserted their right, and
offered to become part of the Union ; intimating, that if they could
not be admitted, they should be reduced to the necessity of mak
ing the best terms which the British government.*
* How far intrigues of this kind were carried on, it may be difficult to as
certain ; but that the British government had some dependence on the defec
tion of Vermont appears from the following paragraph of an intercepted let
ter from Lord George Germaine, to Sir Henry Clinton, dated Whitehall,
Feb. 7, 1781.
' The return of the people of Vermont to their allegiance, is an event of
' the utmost importance to the King's affairs ; and at this time, if the French
' and Washington really meditate an irruption into Canada, may be consider-
¦ ed as opposing an insurmountable bar to the attempt. General Haldiman,
' who had the same instructions with you to draw over those people, and
' give them support, will, I doubt not, push up a body of troops, to act in con-
' junction with them, to secure all the avenues, through their country into
' Canada ; and when the season admits, take possession of the upper parts of
' the Hudson's and Connecticut rivers, and cut off the communication between
' Albany and the Mohawk country. How far they may be able to extend
' themselves southward and eastward, must depend on their numbers, and the
' disposition of the inhabitants.' Pennsylvania Packet, Aug. 4, 1781.

1781.] STATE. MESHECH WEARE. ggj
The cause was further perplexed by a constitutional question,
whether congress had any power to form a new State
within the limits of the union ? The decision was defer- 17SI-
red ; and after eleven months, congress had proceeded Aug' 20'
no farther, than to lay it down as an indispensable preliminary, to
the recognition of Vermont, as a member of the union ; that they
should ' explicitly relinquish all demands of land and jurisdiction
' on the east side of Connecticut river, and on the west side of a
' line drawn twenty miles eastward of Hudson's river to Lake
' Champlain.' When this resolution was kid before the assembly of Vermont,
which met at Charlestown, they determined to 'remain „
' firm in the principles on which they first assumed govern-
' ment, and to hold the articles of union inviolate, that they would
1 not submit the question of their independence to the arbitrament
' of any power whatever ; but they were willing at present to
1 refer the question of their jurisdictional boundary to commission-
' ers mutually chosen, and when they should be admitted into the
' American union, they would submit any such disputes to con-
' gress.'1 The state of society within the seceding towns, at this time,
was very unhappy. The majorities attempted to control the mi
norities ; and these were disposed not to submit, but to seek pro
tection of the government with which they had been connected.
At the same time, and in the same place, justices, sheriffs and ,
constables, appointed by the authority of both states, were exer
cising jurisdiction over the same persons. Party rage, high words
and deep resentment, were the effect of these clashing interests.
An affray which began in the town of Chesterfield, threatened a
scene of open hostilty, between the states of New-Hampshire and
Vermont. A constable, appointed by the authority of Vermont, had a
writ, in an action of debt against a man who was in the interest of
New-Hampshire. He found the man in company with a number
of people of his own party, and attempted to arrest him. Nov u
The owner of the house interposed. The constable
produced a book, which he said contained the laws of Vermont,
and began to read. The owner of the houte forbade him.
Threatening words were used ; and the officer was compelled to
retreat. By a warrant from a Vermont justice, the householder,
and another of the company, were committed to prison, in Charles
town. They sent a petition to the assembly of New-Hampshire
for relief. The assembly empowered the committee of safety to
direct the sheriff of Cheshire to release the prisoners; Nov w
they farther empowered the committee to cause to be
apprehended and committed to prison, in any of the counties, all
(1) MS. copy of Vermont resolves in New-Hampshire files. (2) MS. depo
sitions and letters in the files.

392 HISTORY OF NEW-HAMPSHIRE. [1781.
persons acting under the pretended authority of the state of Ver
mont, to be tried by the courts of those counties where they might
be confined ; and for this purpose, the sheriffs were empowered
to raise the posse Comitatus.
In attempting to release the two prisoners from Charlestown
goal, the sheriff himself was imprisoned by the Vermont sheriff,
under the authority of a warrant from three Justices. The im
prisoned sheriff applied to a brigadier-general of New-Hamp
shire, to raise the militia for his liberation. This alarmed the
7R9 Vermonters ; and orders were issued by the governor for
their militia to oppose force with force. A committee of
Jan. 12. Vermont was sent to Exeter, ' to agree on measures to
' prevent hostilities.' One of this committee was the Vermont
sheriff; he was immediately arrested and thrown into prison at
Exeter, and there held as a hostage for the release of the sheriff
of Cheshire. The assembly issued a proclamation, allowing forty
days for the people in the revolted towns to repair to some magis
trate of New-Hampshire, and subscribe a declaration, that they
acknowledged the extent of New-Hampshire to Connecticut river;
and that they would demean themselves peaceably as good citi
zens of the State. They also ordered the militia of all the coun
ties to hold themselves in readiness to march against the revolters.
While affairs wore such a threatening aspect between the two
States, means were used at congress to take up the controversy on
more general ground. A committee, who had under considera
tion the affair of admitting Vermont into the union and determin
ing its boundaries, prevailed on General Washington, then at
Philadelphia, to write to the governor of Vermont, advising to a
T 1 relinquishment of their late extension, as an ' indispensable
preliminary,' to their admission into the union ; intimating
also, that upon their non-compliance, they must be considered as
having a hostile disposition toward the United States, in which
case coercion on the part of congress, however disagreeable, would
be necessary.*
* The following is the letter from Washington alluded to.
Philadelphia, 1st January, 1782.
Sir, — I received your favor of the 14th of November, by Mr. Brownson.
You cannot be at a loss to know why I have not heretofore, and why I can
not now, address you in your public character or answer you in mine : But
the confidence which you have been pleased to repose in me, gives me an
opportunity of offering you my sentiments, as an individual, wishing most
ardently to see the peace and union of his country, preserved, and the just
rights of the people of every part of it fully and firmly established.
It is not my business, neither do I think it necessary now, to discuss the
origin of the right of a number of inhabitants to that tract of country formerly
distinguished by the name of the New-Hampshire Grants, and now known
by that of Vermont. I will take it for granted that their right was good, be
cause congress, by their resolve of the 7th of August, imply it ; ana by that
of the 21st, are willing fully to confirm it, provided the new state is confined
to certain described bounds. It appears, therefore, to me, that the dispute of

1782.] STATE. MESHECH WEARE. 393
This letter had the desired effect. The assembly of Vermont,
taking advantage of the absence of the members from the „
eastern side of the river, obtained a majority for comply
ing with the preliminary, and resolved, ' that the western bank of
' Connecticut river on the one part, and a line drawn from the
' north-west corner of Massachusetts, north-ward, to Lake Cham-
' plain on the other part, be the eastern and western boundaries
' of the state of Vermont, and that they relinquished all claim of
'jurisdiction without those limits.' When the members from the
eastern side of Connecticut river arrived, they found themselves
excluded from a seat in the assembly, and took their leave with
some expressions of bitterness.
After this compliance, it was expected that Vermont would be
admitted into the union, and the question was solemnly put in
congress ; but a majority decided against it, to the no , , ..
small disappointment of many persons, beside the inhabi
tants of the disputed territory. The pretence for this decision
was, that they had exceeded the limited time ; but they had com
plied with the * indispensable preliminary ;' and the order of
congress, requiring it, stood unrepealed.
Though cut off from their connexion with Vermont, the re
volted towns did not at once return to a state of peace ; but the
divisions and animosities which had so long subsisted, continued
boundary is the only one that exists, and that that being removed, all further
difficulties would be removed also, and the matter terminated to the satisfac
tion of all parties. Now I would ask you candidly, whether the claim of
the people of Vermont, was not, for a long time, confined solely, or very
nearly, to that tract of country which is described in the resolve of congress
of the 21st of August last ; and whether, agreeable to the tenor of your own
letter to me, the late extension of your claim upon New-Hampshire and New-
York, was not more a political manoeuvre, than one in which you conceived
yourselves justifiable. If my first question be answered in the affirmative, it
certainly bars your new claim. And if my second be well founded, your end
is answered, and you have nothing to do but withdraw your jurisdiction to
the confines of your old limits, and obtain an acknowledgment of indepen
dence and sovereignty, under the resolve of the 21st of August, for so much
territory as does not interfere with the ancient established bounds of New-
York, New-Hampshire and Massachusetts. I persuade myself you will see
and acquiesce in the reason, the justice, and indeed the necessity of such a
decision. You must consider, sir, that the point now in dispute is of the utmost po
litical importance to the future union and peace of this great country. The
state of Vermont, if acknowledged, will be the first new one admitted into
the confederacy; and if suffered to encroach upon the ancient established
boundaries of the adjacent ones, will serve as a precedent for others, which it
may hereafter be expedient to set off, to make the same unjustifiable demands.
Thus, in my private opinion, while it behoves the delegates of the states now
confederated, to do ample justice to a body of people sufficiently respectable
by their numbers, and entitled by other claims to be admitted into that con
federation, it becomes them also to attend to the interests of their constitu
ents, and see, that under the appearance of justice to one, they do not mate
rially injure the rights of others. I am apt to think this is the prevailing
opinion of congress, and that your late extension of claim has, upon the prin
ciple I have above mentioned, rather diminished than increased your friends ;
and that, if such extension should be persisted in, it will be made a common
52

394 HISTORY OF NEW-HAMPSHIRE. [17S2.
to produce disagreeable effects. The judicial courts of New-
Hampshire had sat without much interruption, in the county of
Cheshire and Grafton, whilst the officers of Vermont held juris
diction also ; but when the latter were excluded by the act of the
Vermont assembly, a spirit of opposition began to arise against the
sitting of the former.
When the inferior court was holden at Keene, a number of
persons appeared, to oppose its proceedings, and effected their
purpose so far as to make an adjournment necessary ; but
' ep ' three of the leaders of the opposition were arrested and bound
over to the superior court. In the mean time, efforts were made to
raise a party who should oppose the superior court ; and it was re
ported that two hundred men had associated and armed themselves
for that purpose. On the morning before the court was
' opened, several of the leaders came to the judges' cham
bers and presented a petition, praying, ' that the court might
' be adjourned, and that no judicial proceedings might be had,
' whilst the troubles in which the country had been involved still
' subsisted.' They were told that the judges could come to no
determination on the subject but in open court. When the court
was opened, their petition was publicly read ; and the considera
tion of it was postponed to the next day. The court then pro-
cause, and not considered as only affecting the rights of those states imme
diately interested in the loss of territory ; a loss o f too serious a nature not to
claim the attention of any people. There is no calamity within the compass
of my foresight, which is more to be dreaded than a necessity of coercion on
the part of congress ; and consequently every endeavor should be used to
prevent the execution of so disagreeable a measure. It must involve the ru
in of that state against which the resentment of the others is pointed.
I will only add a few words upon the subject of the negotiations, which
have been carried on between you and the enemy in Canada and in New-York.
1 will take it for granted, as you assert it, that they were so far innocent, that
there never was any serious intention of joining Great-Britain in their at
tempts to subjugate your country ; but it has had this certain bad tendency,
it has served to give some ground to that delusive opinion of the enemy, and
upon which they, in a great measure, found their hopes of success ; that they
have numerous friends among us, who only want a proper opportunity to
shew themselves openly ; and that internal disputes and feuds will soon
break us in pieces. At the same time, the seeds of distrust and jealousy are
scattered among ourselves by a conduct of this kind. If you are serious in
your professions, these will be additional motives for accepting the terms
which have been offered, (and which appear to me equitable) and thereby
convincing the common enemy, that all their expectations of disunion are
vain, and that they have been worsted at their own weapon— deception.
As you unbosom yourself to me, I thought I had the greater right of speak
ing my sentiments openly and candidly to you. I have done so, and if they
should produce the effect which I most sincerely wish, that of an honorable
and amicable adjustment of a matter, which, if carried to hostile lengths, may
destroy the future happiness of my country, .1 shall have attained my end,
while the enemy will be defeated of theirs.
Believe me to be, with great respect,
Sir,
Your most obedient servant,
GEORGE WASHINGTON.
Thomas Chittenden, Esquire.

1789.] STATE. MESHECH WEARE. 395
ceeded to its common business. The grand jury being iinpan-
nelled, the doors of the house where they met were kept open,
whilst the attorney general laid before them the case of the riot
ers at the inferior court. A bill was found against them. They
were arraigned, they pleaded guilty, and cast themselves on the
mercy of the court. The court remitted their punishment on
condition of their future peaceable behaviour. This well judged
combination of firmness and lenity disarmed the insurgents ; and
they quietly dispersed. From that time, the spirit of opposition
to government in that quarter gradually abated ; and the people
returned to their connexion with New-Hampshire.

CHAPTER XXVII.
Popular discontent. Efforts for paper currency. Tender acts. Insurrection.
Dignity and lenity of government. Federal constitution.
The American revolution had been crowned with success, as
far as it respected our emancipation from foreign jurisdiction,
the establishment of forms of government among ourselves, and
our deliverance from war. It remained, to accommodate the
minds and manners of the people under the new administration,
to a regular course of justice, both public and private ; to perfect
the union of the states ; and to establish a system of finance.
These things were necessary to make the revolution complete.
The extremes of despotism on the one hand, and of li
centiousness on the other, are equally to be avoided. In a
just medium between these, a government well balanced and
executed with vigor, is capable of producing the most val
uable benefits. To this point it was necessary to conduct our
revolution. But it wflfs equally necessary, that it should proceed
by slow degrees ; that errors in principle should be gradually re
formed ; and that men should be taught by their own experience,
the folly of relying on any system of politics, which however sup
ported by popularity, is not founded in rectitude.
A large debt accumulated by the war, remained to be discharg
ed. For this purpose, requisitions were made by congress, as
well as by the state governments. Silver and gold, which had
circulated largely in the latter years of the war, were returning,
by the usual course of trade, to those countries, whence large
quantities of necessary and unnecessary commodities had been
imported. Had any general system of impost been adopted,
some part of this money might have been retained, and some part

396 HISTORY OF NEW-HAMPSHIRE. [1785.
of the public debt discharged ; but the power of congress did not
extend to this object ; and the states were not united in the ex
pediency of delegating new and sufficient powers to that body. —
The partial imposts, laid by some of the states, were ineffectual,
so long as others found their interest in omitting them. Recourse
therefore, was had to the usual mode of taxation on polls and es
tates ; by which means, a heavy burden was laid on the husband
man and the laborer. Those who were punctual in their pay
ments, saw no probable end of their exertions, whilst the negli
gence of others occasioned repeated demands. Private creditors,
who had suffered by long forbearance, were importunate for their
dues ; and the courts of law were full of suits.
The people who felt themselves distressed, held conferences
with a view to devise means of redress. The remedy which ap
peared to many of them most easy, was a new emission of paper
bills, funded on real estate, and loaned on interest. To effect
17„r this, petitions were addressed to the legislature ; and to
remedy the grievance, as far as it was occasioned by a
e debt of the state, an act was passed, to draw into the
treasury all notes issued by the state, and give certificates for the
interest, and for fifteen per cent, of the principal, annually; which
certificates were to be received by the treasurer for taxes, ' in
' lieu of, and equal to silver and gold.' By this means, it was
expected that the debt would gradually be extinguished ; and
that the people would easily be enabled to pay at least one species
of their taxes.
This was far from satisfying the complainants. The public
securities, they said, were engrossed by rich speculators, and the
poor were distressed for the means of paying their taxes and their
private debts. The cry for paper money was incessant ; and the
people were called upon in the public papers, 'to assert their own
' majesty, as the origin of power, and to make their governors
' know, that they are but the executors of the public will.'
To this clamor, the voice of reason and justice calmly answer
ed ; that it was not in the power of the legislature to establish any
fund, which should secure paper money from depreciation; that
there was so much paper then in circulation, and the time of its
redemption was so distant, that the notes passed at a discount of
sixty, and the certificates of twenty per cent ; that if the quantity
were increased, the depreciation would increase in proportion ;
that if bills were issued and made a tender in all payments, it
would never be in the power of government to redeem them by
silver and gold, because none could be collected ; and in that
case, no part of the continental or foreign debt could be discharg
ed ; that if bills were loaned on land security, it would be in the
power of the public debtor to purchase the bills at a reduced val
ue, and with them to make his payment at the treasury, in which

1785.] STATE. JOHN LANGDON. 397
case, though the public chest might be filled with paper, yet the
government would suffer all the embarrassment of poverty. It
was added, that the legislature were by the constitution expressly
forbidden to make retrospective laws, and had no right to alter
the nature of private contracts ; and that should the majority of
the people petition the government to make paper a lawful tender,
it would be their duty to reject the petition as unconstitutional. —
When it was proposed, that the paper should not be a tender for
past but only for future contracts ; it was answered, that this would
not relieve the debtor, who was suffering for his past engagements,
and the difficulties which it pretended to cure would still exist.
In vain were agriculture and manufactures, industry and fru
gality recommended as the only adequate sources of relief ; the
eomplainants had no disposition to apply a remedy so slow in its
operation ; and indeed it was doubtful whether the utmost exer
tions in that way would have been sufficient, completely to extri
cate us out of these difficulties, without some alteration in our
confederated government.
Similar difficulties, at the same time, existed in the neighboring
state of Massachusetts ; to remedy which, among other palliatives,
a law was passed called a tender-act, ' by which it was provided
' that executions issued for private demands, might be satisfied by
( cattle and other enumerated articles, at an appraisement of im-
' partial men under oath.'1 For such a law, the discontented
party in New-Hampshire petitioned ; and to gratify them, the leg
islature enacted, that ' when any debtor shall tender to his Noy g
* creditor, in satisfaction of an execution for debt, either
' real or personal estate sufficient, the body of the debtor shall be
' exempt from imprisonment, and the debt shall carry an interest
' of six per cent ; the creditor being at liberty either to receive
' the estate, so tendered, at a value estimated by three appraisers,
1 or to keep alive the demand by taking out an alias, within one
' year after the return of any former execution, and levying it on
' any estate of the debtor which he can find.' At the same time,
an act was made, enlarging the power of justices of the peace, to
try and determine actions of debt and trespass to the value of ten
pounds. These laws were complained of as unconstitutional ;
the former as being retrospective, and changing the nature of con
tracts ; the latter as depriving the creditor, in certain cases, of a
right to trial by jury. But so strong was the clamor for redress
of grievances ; and so influential was the example of the neigh
boring state, that some of the best men in the legislature found it
necessary to comply ; whilst another part were secretly in favor
of worse measures.
The tender-act, at first, was made for two years only ; before
the expiration of which it was revived, with some alterations, and
(1) Minot's History of the Insurrections, p. 15.

398 HISTORY OF NEW-HAMPSHIRE. [1785.
•continued for tliree years longer. The effect of this law, in cases
where an attempt was made to execute it, was, that the most val
uable kinds of property were either concealed or made over to a
third person ; and when the sheriff came with an execution, it was
levied on such articles as were of little use to the creditor. But
the most general effect of the law was to prevent any demand on
the part of the creditor, and to encourage the debtor in neglect
ing payment.
The scarcity of money was still a grievance which the laws had
not remedied, but rather had a tendency to increase. To en-
17fifi courage its importation into the country, the legislature
exempted from all port duties, except light-money, every
vessel which should bring gold and silver only ; and from one
half of the duties, if a sum of money equal to one half of the car
go should be imported. But it was to no purpose to import mon
ey, unless encouragement were given for its circulation, which
•could not be expected whilst the tender-act was in force; for
every man who owned money thought it more secure in his own
hands, than in the hands of others.
The clamor for paper currency increased, and, like a raging
fever, approached toward a crisis. In every town, there was a
party in favor of it, and the public papers were continually filled
with declamations on the subject. It was said that an emission of
bills of credit would give a spring to commerce and encourage
agriculture ; that the poor would be able to pay their debts and
taxes ; that all the arguments against issuing paper were framed
by speculators, and were intended to serve the wealthy part of the
community, who had monopolized the public securities, that they
might raise their value and get all the good bargains into their
own hands ; that other states in the union had issued paper bills,
and were rejoicing in the happy effects of their currency, without
any depreciation ; that the people had a right to call upon their
representatives to stamp a value on paper, or leather, or any
other substance capable of receiving an impression ; and that to
prevent its depreciation, a law should be enacted to punish with
banishment and outlawry, every person who should attempt by
any means to lessen its value.*
The same party who were so zealous in favor of paper cur-
* A specimen of the language used on this occasion is as follows: — 'Seven
' states are now blessed with harmony, plenty and happiness. Worthy, in-
' dustrious men can go to market with a penny in their pockets ; their benev-
' olent friends, the farmers, meet them half way with cheerfulness, and are
' as ready to receive as they to offer ; now one greets the other with social
' benedictions, trade flourishes, agriculture increases, mutual confidence is
1 restored, and harmony reigns triumphant. Elysian fields these ! when con-
' trasted with the bondage of the inhabitants of New-Hampshire ; for ' in the
' midst of life, they are in death,' death of the worst kind, penury and want of
' the common blessings of providence. How long, freemen of New-Hamp-
' shire, can ye bear the yoke of oppression !' New-Hampshire Gazette, July
20, 1786.

.1786.] STATE. JOHN SULLIVAN. 3gg
rency, and against laws which obliged them to pay their debts,
proceeded to inveigh against courts and lawyers. "The inferior
courts were represented as sinecures for judges and clerks ; the
defaulting, appealing, demurring, abatements, fees and bills of
cost, without any decision, were complained of as burdens, and
an abolition of these courts became a part of the popular cry. —
But the party did not content themselves with writing in the pub
lic papers. An attempt was made to call a convention, at Con
cord, whilst the assembly were sitting there, who should petition
the legislature in favor of the plan ; and it was thought, that the
presence of such a body of men, convened at the same time and
place, would have great weight. The attempt was defeated in a
manner singular and humorous.
At the first sitting of the assembly, when five only of the mem
bers of the proposed convention were in town, some wags,,
among whom were several young lawyers, pretended to have
been chosen by the towns in which they' lived for the same pur
pose. In conference with the five, they penetrated their views,
and persuaded them to post an advertisement, for all the mem:
bers who were in town to assemble immediately ; it being of the
utmost importance to present their petition as early in the session
as possible. By this means, sixteen pretended members, with
the five real ones, formed themselves into a convention, choosing
one of the five their president, and one of the sixteen their cleric.
They carried on their debates and passed votes with much ap
parent solemnity. Having framed a petition, complaining in the
most extravagant terms of their grievances ; praying for a loan of
three millions of dollars, funded on real estate ; for the abolition
of inferior courts, and a reduction of the number of lawyers, to
two only in a county; and for a free trade with all the world ;
they went in procession to the assembly, (some of whom had
been previously let into the secret) and with great formality pre
sented their petition, which was suffered to lie on the table, and
was afterwards withdrawn. The convention then dissolved ; and
when others who had been really chosen by the towns arrived,
they were exceedingly mortified on finding their views for that
time so completely frustrated.
The next effort of the party was to call county conventions. —
Of what class of people these were composed, some idea may be
formed from this circumstance. An innholder, at whose house
one of these conventions first met, refused to take their promise
for lumber to pay the expense of their meeting ; upon which they
adjourned to a ware-house, belonging to one of the party, and
were treated with liquor, gratis.
From two of these conventions, and from several towns in dif
ferent parts of the state, petitions were presented to the g 13
legislature, at their session in Exeter. On calm delib
eration, these petitions appeared to be inconsistent with each other,

400 HISTORY OF NEW-HAMPSHIRE. [1786.
with the constitution, with justice and public faith. But to still
the clamor and collect the real sense of the people on the subject
of paper currency ; the assembly formed a plan for the emission
of fifty thousand pounds, to be let at four per cent, on land secu
rity ; to be a tender in payment of state taxes, and for the
fees and salaries of public officers. This plan was immediately
printed, and sent to the several towns ; and the people were de
sired to give their opinions in town meetings for and against it, and
to make return of their votes to the assembly at their next session.
This way of proceeding did not coincide with the views of the
party ; the principal directors of which endeavored to conceal
themselves, whilst they persuaded a considerable number of per
sons of various characters, to appear openly in support of the pe
titions. They took pains to spread false reports through the coun
try ; and among other things, it was said that the assembly had
passed an act, to refund the value of the confiscated estates,
which was to be immediately assessed on the people.
It must be observed, that at this time, causes of a similar na
ture had excited numbers of people in some counties of Massa
chusetts, to assemble in arms and prevent the judicial courts from
sitting.* This example, aided by false reports, and a sense of
grievances, partly real and partly imaginary, operated so power
fully on the minds of a number of people, in the western part of
the county of Rockingham ; that on the morning of the twentieth
of September, about two hundred men assembled at Kingston,
six miles from Exeter, where they chose leaders and procured a
drum. By the help of some militia officers, they formed them
selves into military order, and in the afternoon, marched to Exe
ter ; about one third of them being armed with muskets, and the
others with swords and clubs. Having entered the confines of
the town, they halted ; and sent a paper to the assembly, signed
by one of them who styled himself moderator, demanding an an
swer to their former petition immediately. They then inarched
through the town, and paraded before the meeting-house, where
both houses of assembly were holding a conference. The doors
were open, and as many of them as were disposed, entered. —
The president, in a cool and deliberate speech, explained the
* [The insurrection in Massachusetts assumed such a threatening aspect,
that the governor of that state wrote to President Sullivan, requesting him
to offer a reward for apprehending any of the rebels who should flee to this
state, and to take measures for preventing their receiving any supplies. —
" The government of New-Hampshire, pursued every measure, which it was
thought the powers vested in the president and council would authorize. —
They did not think proper, to admit armed parties from another state into
that ; but the existing laws permitted civil officers of other states, to pur
sue offenders there, and by application to a magistrate to have them appre
hended and sent into the state having jurisdiction of the offence. They,
therefore directed a major-general, to secure all armed parties, who might
come into their state ; and a proclamation was issued by their president,
agreeably to the request of the governor of the commonwealth. Minot,
Hist, of the Insurrection in Mass. 154.]

1786.] STATE. JOHN SULLIVAN. 401
reasons on which the assembly had proceeded in rejecting the
petitions ; exposed the weakness, inconsistency and injustice of
their request; and said, that if it were ever so just and proper in
itself, and if the whole body of the people were in favor of it, yet
the legislature ought not to comply with it, while surrounded by an
armed force. To do this, would be, to betray the rights of the
people, which they had all solemnly sworn to support. He con
cluded by declaring, that no consideration of personal danger
would ever compel them to violate the rights of their constituents.
This speech being ended, the drum beat to arms ; as many as
had guns were ordered to load them with balls ; sentries were
placed at the doors, and the whole legislature were held prison
ers ; the mob threatening death to any person who should attempt
to escape, till their demands were granted. The assembly went
on with their business, taking no farther notice of the rioters, till
the approach of evening ; when the president attempted to go out,
but was stopped by an impenetrable column. He then reasoned
with them, and warned them of the fatal tendency of their con
duct, assuring them, that the force of the country would support
the government. Their answers to him were insolent and re
proachful. They raised a cry for paper money, an equal distri
bution of property, and a release from debts. The inhabitants of
Exeter had all this time beheld with silence the insult offered to
the legislature. Having no orders to take arms, they restrained
their indignation, till the dusk of the evening ; when some of
them beat a drum at a distance, and others cried, ' Huzza for
' government ! Bring up the artillery !' At the sound of these
words, the mob were struck with a panic, and began to disperse.
Their moderator ordered them to meet again, at nine of the
clock the next morning, and they scattered in every direction.*
* [The president of New-Hampshire at this time was John Sullivan, of
whom through the kindness of the Hon. William Plumer, I am enabled to
add the following note.
John Sollivan was the son of John Sullivan, and was born in Berwick,
Maine. Without an academic education , he commenced the practice of law
at Durham, in this state, where he lived till his death. He was in the times
in which he lived, considered a distinguished lawyer. In 1772, he was ap
pointed a major in the militia. In 1774, he was appointed a delegate to the
general congress ; and in December, he, with others, seized the British fort
William and Mary, at New-Castle, and took more than a hundred barrels of
gunpowder from thence, and removed it into the country. In 1775, he was
re-appointed delegate to congress ; and by that body on the 22 June, was ap
pointed brigadier-general in the revolutionary army. He commanded the
troops stationed on Winter Hill, in the vicinity of Boston.
He received from congress the appointment of major-general, 29 July,
1776. The 26th August, he was taken prisoner on Long-Island, New-York,
and in October, was exchanged ; sent to the army in Canada, where after the
death of General Thomas, he commanded; but was soon superseded, and re
turned to the main army. In 1777, he was distinguished for his bravery and
food conduct in the battles of Brandywine and Germantown. In August,
778, he commanded the army at Newport, Rhode-Island, but was obliged to
retreat, on which occasion his conduct met the approbation of congress. In
1779, he commanded an expedition against the Indians, where he suffered
53

402 HISTORY OF NEW-HAMPSHIRE. [1786.
The assembly being thus at liberty, requested the president to
call out the force of the state to quell the insurrection. In the
evening, he issued his orders, and before morning companies of
militia, well armed, began to come in from the neighboring towns.
S t 21 ^ ten °^ me c'ock m tue rnorning, a sufficient body of
' horse and foot, with field-pieces and military music, hav
ing arrived ; the president put them in motion against the insur
gents, who were then parading, about a mile distant. Having by
their spies obtained intelligence of the motion of the militia, the
unarmed part of the insurgents retreated to a hill beyond the riv
er ; the others kept their ground till a party of light-horse appear
ed in view, and tllen the whole body retired. Some of them
were taken by the pursuers ; others recovered the bridge at
King's fall, and being met by those who had first retreated, made
an appearance as if they would dispute the passage. Orders
were given by one of their leaders to fire ; but the force of the
government appeared so formidable that they dared not to obey.
The officers of the militia rushed in among them, seized their
moderator and others, to the number of forty. The rest fled
with precipitation, and no farther pursuit was made. The pris
oners were disarmed and conducted to the town ; where they
were brought to an examination before the president and council.
Had these men been engaged in a good cause, and commanded
by proper officers, they would have maintained the honor of their
country, and fought her battles with ardor and perseverance ;
but, conscious of their inconsistency in apposing a government of
their own establishing, their native fortitude forsook them ; arid
they gave an example of the most humiliating submission. Most
of them professed to be ashamed of their conduct, and their shame
appeared to be sincere.
The dignity of government being thus vindicated, its lenity
great fatigue, but destroyed many Indians, and laid their country waste. On
the 30th November, congress accepted his resignation, which he had previous
ly requested.
In February, 1780, the legislature of the state appointed him an agent to
settle the line between New-Hampshire and New- York; and June 21st, a
delegate to the congress of the United States, and on the 19 January follow
ing, re-appointed him to that office. In January, 1782, the legislature ap
pointed him commander of their troops to Vermont, and on the 21 June, at
torney general of New-Hampshire.
After the establishment of the state constitution, he was re-appointed at
torney general, 25 December, 1784, and major-general of the militia, both of
which he 'held till 28 February, 178G, when he resigned them both. In 1785,
he was member and speaker of the house of representatives and counsellor.
In 1786 and 1787, he was elected president of the state. In 1788, he was a
member and speaker of the house of representatives ; member and president
of the convention which ratified the constitution of the United States.
In 1789, he was an elector of president and vice president of the United
States, and in March, was elected president of the state for the third time.—
In September, the same year, the president and senate of the U. S. appointed
him judge of the district court of New-Hampshire, which office he held as
long as he lived. He died 23 January, 1795, aged 54 years.]

i.uv>.J STATE. JOHN SULLIVAN. 40o
was equally conspicuous. Six only of the prisoners were de
tained, and a party of light-horse was sent to apprehend two
others of the most culpable. They were taken out of their beds
and brought to Exeter. This manoeuvre had an excellent effect,
for some, who knew themselves equally guilty, were afraid to
sleep in their own houses. The superior court being then „
in session at Exeter, these eight prisoners were arraigned ept' '
on an indictment for treason. One dropping on his knees, plead
ed guilty. Others hesitated when they pronounced the words
' not guilty.' They were ordered to recognize for their appear
ance at the next superior court, when their bonds were discharged.
Some of them, who belonged to the presbyterian churches, were
cited before the ecclesiastical session, and there censured, as op
posers of just government. Others, being military officers, were
tried by a general court martial ; of these, some were cashiered,
but not incapacitated for future service ; some were reprimanded,
and others were acquitted. The whole opposition was complete
ly subdued ; wavering minds became settled ; converts were
made to the side of government ; and the system of knavery re
ceived a deep wound, from which it has not since recovered.
The plan which had been issued by the assembly, for emitting
paper money, was in course referred to the people, in
their town meetings ; and at the next session, the returns
were made, when a majority appeared against it. To 4'
finish the whole matter, two questions were put in the assembly.
The first was ' whether the legislature can, consistently with the
' constitution, and their oaths, pass an act making paper bills of
' credit, a tender to discharge private contracts, made prior to the
' passing such act ?' The other was, ' whether paper money be
' emitted on any plan which has been proposed .?' Both these
questions were determined in the negative.
To observe the progress of wisdom and virtue, and the obsta
cles which are laid in the way of vice, is a most pleasing enter
tainment to the philanthropist ; and it is but just, in such a con
templation, to acknowledge that superintending influence, which
brings good out of evil. It was feared by many, that the Amer
ican revolution would not produce that sum of political happiness
which its warmest advocates had fondly predicted. The efforts
of faction in several of the states were very alarming. In New-
Hampshire, the assault being made directly at the supreme head
of the government, the force of the state immediately rose and
crushed it. In Massachusetts, the attacks were made on the ju
dicial courts, which of themselves had no power effectually to
oppose them. The disaffection there rose to a higher degree ; it
was more extensively diffused, and with more difficulty quelled.
But at length, the constitutional powers of government being ex
erted with yigor, the spirit of anarchy was suppressed. In anoth-

404 HISTORY OF NEW-HAMPSHIRE. [1787.
er neighboring state, the same spirit reigned triumphant. A de
preciating currency was established by law, aud pertinaciously
adhered to by the government.
The imbecility of the confederation by which the states were
united, had long been felt, and some attempts had been making
to strengthen it ; but the view of our situation at this time demon
strated the total inefficacy of that constitution, to bind together
thirteen distinct sovereignties, over which no coercive power was
established, which could prevent or cure such evils as threatened
the destruction of all public and private credit. Happily for the
American union, the remedy existed within itself. The good
sense and public virtue of the great body of our citizens readily
adopted the idea of a Convention of the States. The first
proposal came from Virginia, where American liberty was first
publicly asserted, when it was flagrantly violated by the stamp act.
The name of Patrick Henry will ever be illustrious in the Amer
ican annals for moving the resolves of 1765 ; and the name of
James Madison will be equally distinguished for proposing the
convention of 1787.
To this convention, which was holden at Philadelphia, all the
states, except one, sent their delegates. After a close and par
ticular investigation, they produced a new federal constitution ;
containing adequate remedies for those political disorders, which
had threatened with extinction, the liberty and independence of
the American states.
Among other wise provisions, to establish justice and secure the
blessings of liberty, those which respect public and private credit
are not the least conspicuous. To support the former, the con
gress has a power which, by the first confederation, was not dele
gated, ' to lay and collect taxes, duties, imposts, and excises, to
' pay the debts and provide for the common defence and general
' welfare of the United States.' For the latter, it is declared, that
' no state shall coin money, emit bills of credit, make any thing
' but gold and silver coin a tender in payment of debts, pass any
' bill of attainder or expost facto law, or any law impairing the
' obligation of contracts.'
When this new constitution «was proposed to the people, con
ventions were called in each state to consider it. In these bodies,
composed of persons who represented impartially every class and
description of the people, and who were themselves equally vari
ous in their principles, habits and views, the constitution under- ,
went the most critical and severe discussion. Whilst it was in
debate, the anxiety of all parties was extended to the utmost de
gree, and the efforts of its friends and its opposers were unre
mitted. After the constitution had been, with the help of some propos
ed amendments, adopted by Massachusetts, a convention was

June 21.

1788.] STATE. JOHN LANGDON. 405
called at Exeter in New-Hampshire. At its first meeting, a de
bate which continued ten days ended in an adjournment T „Rfi
for four months ; at the expiration of which term, in a F(J 13
short session of three days only at Concord, the question
for adopting and ratifying the constitution, was, with the
same help as in Massachusetts, carried in the affirmative, by a
majority of eleven ; the whole number present being one hundred
and three. This was the ninth state in the union which accepted
the constitution ; and thus the number was completed which was
necessary to put in motion the political machine.* In about a
* [1788. John Langdon was elected president of New-Hampshire for the
second time. A note, detailing the services of this early patriot of the revo
lution, will conclude the editor's annotations on this part of the labors of the
historian of New-Hampshire. John Langdon was a native of Portsmouth,
and was born in 1740. His father, of the same name, was the sixth son of
Tobias Langdon, and lived at Sagamore's creek in Portsmouth, where his
house was burned, about the year 1740. Tobias is supposed to have been
son of Tobias Langdon, who lived in New-Hampshire in 1662.
He received his education at the public grammar school, under the tuition
of Samuel Hale. From school, he went into the counting house of the hon
orable Daniel Rindge, where he became well acquainted with mercantile
transactions. At the close of his apprenticeship, he entered upon a seafaring
life, which business he continued to follow, until the troubles between the
country and Great-Britain commenced. He took an early and active part in
the opposition to the British government, and was one of the leaders of that
party, which removed the powder and military stores from the fort at New
castle, in December, 1774. In 1775, he was appointed a delegate to the gen
eral congress, and in January, 1776, was re-appointed to the same office. —
Soon after the beginning of the revolutionary war, he had the command of
an independent company of cadets, and at the time of the surrender of the
British army under Burgoyne, went to Bennington as a volunteer. He was
likewise at Rhode-Island with a detachment of his company, at the time tha
British troops were in possession of the island, and when General Sullivan
brought off the American troops.
He was representative and speaker of the house of representatives in this
state in 1776 and 1777, and in the former year, judge of the court of common
pleas, which office he resigned in April, 1777. In 1778, he had the agency
under congress of building several public ships of war, and was appointed
continental agent in New-Hampshire. In 1779, he was a member and presi
dent of the New-Hampshire convention for regulating the currency ; and
from ] 777 to 1782 member and speaker of the house of representatives of New-
Hampshire. In 1780, he was a commissioner to raise men and procure pro
visions for the army ; and on the 13 June, 1783, was appointed delegate to the
congress of the United States.
In 1784 and 1785, he was elected a member of the New-Hampshire senate,
and the latter year, president of the state, being the successor of Meshech
Weare. In 1788, he was a delegate to the convention which formed the
constitution of the United States. In March, the same year, was elected rep
resentative of the legislature, and speaker of the house in June, when on
counting the votes for president, he was found to be elected. In November,
the legislature elected him senator to the congress of the United States, and
was' there elected the first president pro tern, of that body, they ever appoint
ed. In 1794, he was re-elected for another term of six years.
From 1801 to 1805, inclusive, he was representative in the N. H. legisla
ture, and in 1 804 and 1805, was elected speaker of the house. From 1805 to
1808, and in 1810 and 1811, he was elected governor of the state. In 1805,
the government of Dartmouth college conferred on him the degree of Doctor
of Laws. Governor Langdon died at Portsmouth, 18 September, 1819, aged
79. Adams, Annals of Portsmouth, 370— 373.— MS. Amer. Biography by
Hon. W. Plumer.— Gazetteer of N. Hamp. 223.]

406 HISTORY OF NEW-HAMPSHIRE. [1789.
month, two more states were added. Then a congress was form-
7fiQ ed, and the illustrious Washington, by the unanimous
suffrage of the people,, was placed in the first seat of gov
ernment. Three other states, of which one is Vermont, have
since been admitted into the union ; and there is now in opera-
._„„ tion a general system of energetic government, which
pervades every part of the United States, and has already
produced a surprising alteration for the better. By the funding
of the continental debt, and the assumption of the debts of the in
dividual states, into one general mass, a foundation is laid for the
support of public credit ; by which means, the American revolu
tion appears to be completed. Let it be the sincere prayer and
endeavor of every thoughtful citizen, that such harmony may pre
vail between the general government, and the jurisdiction of each
state, as the peculiar delicacy of their connexion requires ; and
that the blessings of ' peace, liberty and safety,' so dearly obtain
ed, may descend inviolate to our posterity.

APPENDIX.

TABLES.
Chief Magistrates of New-Hampshire and Massachusetts from 1641 to 1830 ;
with the Kings of England from the first settlement of N. H. in 1623, until
theseparation of this country from Great- Britain, and the Presidents of the
United States from the adoption of the Federal Constitution.
COLONIAL GOVERNMENT.

Governors of New^Hampshire

A.D.

Kings of England.

and Massachusetts, while
united.

1623

James I.

1625

Charles I.

1641
u
Richard Bellingham.
1642
a
John Winthrop.
1644
u
John Endecott.
1645
a
Thomas Dudley,
1646
a
John Winthrop.
1649
The Commonwealth.
John Endecott.
1650
a
Thomas Dudley.
1651
«
John Endecott.
1654
a
Richard Bellingham.
16,55
u
John Endecott.
1660
Charles II.
a
1665
a
Richard Bellingham.
1673
a
John Leverett.
1679
a
Simon Bradstreet.
PROVINCIAL GOVERNMENT.
Chief Magistrates of
Chief Magistrates of
A.D.
Kings of England.
New-Hampshire.
' Massachusetts. *
1680
Charles II.
John Cutt
Simon Bradstreet
1681
a
Richard Waldron
u
1682
a
Edward Cranfield
a
1685
James II.
Walter Barefoote
((
1686
u
Joseph Dudley
Joseph Dudley
1687
tl
Edmund Andros
Edmund Andros
1689
William III.
Simon Bradstreet
Simon Bradstreet
* Massachusetts did not become
and Mary was granted in 1691.
a Province until tlje charter of William
408

APPENDIX.

1692

William III.

John Usher

William Phips

1697

(i

William Partridge

tt

1698

a

Samuel Allen

tt

1699

«

Earl of Bellomont

Earl of Bellomont

1702

Anne.

Joseph Dudley

Joseph Dudley

1714

George I.

tt

tt

1716

u

Samuel Shute

Samuel Shute

ir727

G prge II.

tt

tt

1728

•ru

William Burnet

William Burnet

1730

tt

Jonathan Belcher

Jonathan Belcher

1741

ii

Benning Wentworth

William Shirley

1757

a

tt

Thomas Pownal

1760

George III.

tt

Francis Bernard

1767

a

John Wentworth

<t

1770

a

tt

Tho. Hutchinson

1774

" (

tt

Thomas Gage

1775

The British gov

ernment terminated.

REPUB1
_,ICAN GOVERNME
NT.
A.D.
United States.
Pres. & Gov's. N. H.
Governors of Mass.
1776
"
Meshecb. Weare
1780
tt
John Hancock
1785
Continental
John Langdon
James Bowdoin
1786
Congress.
John Sullivan
tt
1787
tt
John Hancock
1788
John Langdon
tf
Presidents U. S.
1789
G. Washington
John Sullivan
tt
1790
it
Josiah Bartlett*
a
1794
tt
John T. Gilman
Samuel Adams
1797
John Adams.
tt
Increase Sumner
1800
tt
tt
Caleb Strong
1801
Tho. Jefferson
tt
tt
1805
tt
John Langdon
tt
1807
ft
tt
James Sullivan
1809
James Madison
Jeremiah Smith
Christopher Gore
1810
tt
John Langdon
Elbridge Gerry
1812
a
William Plumer
Caleb Strong
1813
tt
John T. Gilman
tt
1816
tt
William Plumer
John Brooks
1817
James Monroe
tt
tt
1819
tt
Samuel Bell
tt
1823
tt
Levi Woodbury
William Eustis
1824
tt
David L. Morril
tt
1825
John Q.Adams
tt
Levi Lincoln
1827
tt
Benjamin Pierce
tt
1828
a
John Bell
tt
1829
A. Jackson
Benjamin Pierce
tt
1830
tt
Matthew Harvey
tt
•From 1793, the chief magistrate of N. H. has been styled Governor.
APPENDIX.
DEATH AND AGES OF THE PRECEDING.

41)9

James I.
Charles I.
Charles II.
James II.
William III.
Anne George I.
George II.
George III.

KINGS OF ENGLAND.

8 April,

1625,

58,

30 January,

1648,

47.

6 Feb.

1685,

54.

16 Sept.

1701,

68.

16 March,

1702,

52.

1 August,

1714,

50,

11 June,

1727,

67,

25 October,

1760,

77.

29 January,

1820,

81.

GOVERNORS,
WHILE MASSACHUSETTS AND NEW-HAMPSHIRE WERE UNITED.
Richard Bellingham,
John Winthrop,
John Endecott,
Thomas Dudley,
John Leverett,
Simon Bradstreet,

7 December,

1672,

80,

26 March,

1649,

61

15 March,

1665,

76,

31 July,

1653,

77.

16 March,

1679.

27 March,

1697,

94.

CHIEF MAGISTRATES,
WHILE NEW-HAMPSHIRE WAS A SEPARATE PROVINCE.
John Cutt,
Richard Waldron,
Edward Cranfield,
Walter Barefoote,
Joseph Dudley,
Edmund Andros,
John Usher,
William Partridge,
Samuel Allen,

27 March, 1681.

27 June, 1689,

80

about 1700.

about 1688,

53,

2 April, 1720,
February, 1714.
5 September,. 1726,
3 January, 1729,
4 May, 1705,

72,
78, 74,69,

GOVERNORS OF MASSACHUSETTS AND NEW-HAMPSHIRE,
UNTIL THE REVOLUTION.

William Phips,

18 February,

1695,

44.

Earl of Bellomont,

5 March,

1701.

Samuel Shute,
15 April,
1742,
80.
William Burnet,
7 September,
1729,
41.
Jonathan Belcher,
31 August,
1757,
75.
William Shirley,
24 March,
1771.
Benning Wentworth,
14 October,
1770,
75,
Thomas Pownall,
25 February,
1805,
83.
Francis Bernard,
June,
1779.
John Wentworth,
8 April,
1820,
84,
Thomas Hutchinson,
3 June,
1780,
69.
Thomas Gage,
April,
1787.
54
410

APPENDIX.

GOVERNORS OF MASSACHUSETTS AND NEW-HAMPSHIRE,
SINCE THE REVOLUTION, WHO HAVE DECEASED.

Meshech Weare,
John Hancock,
John Langdon,
John Sullivan,
James Bowdoin,
Josiah Bartlett,
John T. Gilman,
Samuel Adams,
Increase Sumner,
Caleb Strong,
James Sullivan,
Christopher Gore,
Elbridge Gerry,
John Brooks,
William Eustis,

15 January,
8 October,
18 September,
.48 January,
6 November,
19 May,
31 August,
2 October,
7 June,
7 November,
8 December,
1 March,
23 November,
1 March,
6 February,

1786,

73

1793,

56

1819,

79

1795,

64

1790,

64

1795,

65

1828,

75

1803,

81

1799,

52

1820,

75

1808,

64

1827,

69

1814,

70

1825,

73

1825,

75

PRESIDENTS OF THE UNITED STATES,
WHO HAVE DECEASED.

George Washington,
John Adams,
Thomas Jefferson,

14 December, 1799,
4 July, 1826,
4 July, 1826,

67. 91.
83.

A CATALOGUE OF THE COUNSELLORS OF NEW-HAMPSHIRE,
FROM 1680 TO 1830.

UNDER THE ROYAL GOVERNMENT.
[The ages of those with this mark t are conjectured. Where a dash precedes
a name, the time of appointment is uncertain.]

App. | Counsellors.

Residence.

Died.

lAge

1680

John Cutt

Portsmouth

27 March,

1681

-

Richard Martyn

Portsmouth

1693

. j

William Vaughan

Portsmouth

1719
Thomas Daniel
Portsmouth
1683
John Gilman
Exeter
24 July,
1708
84|
Christopher Hussey
Hampton
1685
75f
Richard Waldron
Dover
27 June,
1689
80|
Elias Stileman
New-Castle
19 Dec.
1695
78|
Samuel Dalton
Hampton
22 August,
1681
1681
Job Clements
Dover
1717
Robert MasonS
New-Castle
1688
58
,
Richard Waldron
Portsmouth
30 Nov.
1730
80
Anthony Nutter
Dover
19 Feb.
1686
(1) These four would probably average 70 years each. (2) He died at E»o-
pus, in New-Tork.
APPENDIX.

111

App- | Counsellors.

Residence. Died.

lAge.

1682

Walter Barefoote
Richard Chamberlain

New-Castle

1688 or

1689

53

1683

Nathaniel Fryer
Robert Elliotl
John Hinkes2

New-Castle
New-Castle
New-Castle

13 August,

1705

Edward Raudolpb.3
Portsmouth
ret. to Eng
and.
1684
James Sherlock
Francis Champernoon4
about
1686
Robert Wadleigh
Exeter
1685
Henry Greene
Hampton
5 August,
1700
80
1692
John Usher
Boston
5 Sept.
1726
78
Thomas GraffortS
Portsmouth
6 August,
1697
John Walford
Portsmouth
John Love
Peter Coffin<3
Dover
John Gerrish
Dover
1714
68
Nathaniel Weare
Hampton
13 May,
1718
87
1697
William Partridge
Portsmouth
3 Jan.
1729
74
1698
Joseph Smith
Hampton
9 Nov.
1717
64
Kingsley Hall
Exeter
about
1736
Sampson Sheafe^
New-Castle
1724
76
Peter Weare
Hamp.-Falls
1702
Samuel Penhallow
Portsmouth
2 Dec.
1726
61
John Plaisted
Portsmouth
about
1707
Henry Dow
Hampton
6 May,
1707
73
George Iaffrey7
New-Castle
13 Feb.
1707
69
1710
Mark Hunking ,
Portsmouth
1712
John Wentworth
Portsmouth
12 Dec.
1730
59
1715
George Vaughan
Portsmouth
Dec.
1725
49
1716
Richard Gerrish
Dover
1717
Theodore Atkinson
New-Castle
6 May,
1719
50
Shadrach Walton
New-Castle
3 Oct.
1741
83
George Jaffrey
New-Castle
8 May,
1749
CS
Richard Wibird
Portsmouth
Oct.
1732
Thomas Westbrook
Portsmouth
1736
1719
Thomas Packer
Portsmouth
1723
1722
1724
Archibald Macpheadris
John Ffrost8
Portsmouth New-Castle
25 Dec.
17281732
51
(1) Living in 1745. (2) Living in 1707, and probably in 1722, when there
is a deed from John Hinkes on record in Rockingham county.
(3) Randolph returned to England. (4) Champernoon was cousin to Sir
Ferdinando Gorges. He lived sometime in York Maine
(<\\ fi-raffnrt and Sheafe removed to Boston and died there.
6 Sv'fg n?714 at the age of 83. (7) Died at Col. Appleton'. in Ipswich
8 He was son of Major Charles Ffrost, who is noticed page 143. It
miht W been there stated that the ma or was born 20 July, 1631 the
™l of Nicholas Ffrost of Kittery, who was , borr i at Tiverton m W
in 1589, came very early to New-England, and died 20 ^^j^±
£ ^ha^r^r ofX WIS ^ PWpe^llb°r AftefhTsleatrshe
^fsres^eiy tev.Benjamin Colman> D., of Boston, and Rev.
412

APPENDIX.

App. | Counsellors.

Residence. Die<

1. |Age

1724

Jotham Odiorne

New-Castle

16 Aug.

1748 73

1728

Henry Sherburne

Portsmouth

29 Dec.

1757j83

1732 Richard Waldron

Portsmouth

23 Aug.

1753l60

Joshua Peircel

Portsmouth

7 Feb.

1743

72

Benning Wentworth2

Portsmouth

14 Oct.

1770

75

Benjamin Gamling

Portsmouth

1737
57
Ephraim Dennet
Portsmouth
Theodore Atkinson2
New-Castle
22 Sept.
1779
81
1733
Ellis Huske
Portsmouth
1755
j
Joseph Sherburne
Portsmouth
3 Dec.
1744
64
11739
Richard Wibird
Portsmouth
25 Sept.
1765
63
1740
John Rindge
Portsmouth
6 Nov.
1740
45
John Downing
16 Sept.
1745
85
Samuel Smith
2 May,
1760
74
Joseph Blanchard
Dunstable
7 April,
1756
53
Sampson Sheafe
New-Castle
1772
91
Samuel Solley
Portsmouth
1753
Daniel Warner
Portsmouth
1776
1754
Joseph Nevvmarch
Portsmouth
1765
1759
Mark H. Wentworth
Portsmouth
19 Dec.
1785
James Nevin
Portsmouth
6 Feb.
1769
60
1761
John Nelson^
Portsmouth
1787
1762
William Temple
Portsmouth
1789
Theodore Atkinson
28 Oct.
1769
33
Nathaniel Barrell
Portsmouth
1765
Peter Livius4
Portsmouth
1795
68f
1766
Jonathan Warner
Portsmouth
15 May,
1814
87
Daniel Rindge
Portsmouth
12 Jan.
1799
68
Daniel Peirce
Portsmouth
4 Dec.
1773
Daniel Rogers
Portsmouth
,
George Jaffrey
Portsmouth
25 Dec.
1802
86
Henry Sherburne
Portsmouth
30 March,
1767
58
Paul Wentworth
Somerswo'th
1772
Peter Gilman
Exeter
1 Dec.
1788
84
Thomas W. Waldron
Portsmouth
3 April,
1785
63 ,
1774
John Sherburne
Portsmouth
10 March,
1797
76
John Phillips
Exeter
April,
1795
76
1775
George Boyd5
Portsmouth
1787
Benjamin Prescott, of Danvers, Mass. She died in 1766. Mr. Ffrost had
seventeen children. George, the 11th child and the sixth son, was a coun
sellor three years in the time of the Revolution, and a delegate to the old
Congress. To his son George Ffrost, Esq., of Durham, the editor is indebted
for the facts contained in this note.
(1) Sworn into office 18 January, 1733.
(2) Not sworn into office until 12 Oct. 1734. Gov. Belcher, in a letter, da
ted 15 Aug, 1734, speaking of the expense of their mandamuses, says, " I
am told W. and A.'s mandamuses have already cost them about 100 guineas
apiece.'' (3) He went to Grenada, where it is believed he died about 1795.
(4) Died in England. W. Winthrop.
(5) He left the state, and was included in the act proscribing 76 persons,
passed in 1778, and died on his return from England to this country.
APPENDIX.

413

UNDER THE REVOLUTIONARY GOVERNMENT.

App. '

Counsellors.

Residence lln office.:

Died.

I Age.
~^72~ 89 54
65 64
406563 507170

1778

177717791780

1781

1782

1783

Meshech Weare
Matthew Thornton
William Whipple
Josiah Bartlett
Nathaniel Folsom
John Wentworth
Ebenezer Thompson
VVyseman Clagett
Jonathan Blanchard
Samuel Ashley
Benjamin Giles
John Hurd
Nicholas Gilman
George Atkinson2
Timothy Walker
Matthew Patten
Benjamin Bellows
Moses Nichols
Jacob Abbott
George Atkinson
John M'Clary
Timothy Farrar
Samuel Hunt
Enoch Hale
Charles Johnston
Woodbury Langdon
George Ffrost
John Hale
Wyseman Clagett
Benjamin Bellows
Francis Worcester
Timothy Farrar
Jacob Abbot
Thomas Sparhawk
Charles Johnston
Francis Worcester

Hamp. -Falls
LondonderryPortsmouth
Kingston
ExeterDover Durham
Litchfield DunstableWinch esterl
NewportHaverhill
Exeter
Portsmouth ConcordBedford Walpole
Amherst Wilton
Portsmouth EpsomNew-Ipswich
Charlestown Walpole Haverhill
Portsmouth Durham
HollisLitchfieldWalpolePlymouth See 1780
Wilton
Walpole Haverhill See 1781.

8,15 Jan.
24 June,
10 Nov.
19 May,
26 May,
Jan.Aug.
Dec.
July, Feb.
Dec.

10
15 4
1618 9

April,
Jan.May,
Aug.
June, May,
March,
See 1777.
16 June,

1786 1803
1785 1795 1790
1787l-i0217841788
179217871782 1805
1822 1795180217901820
1801

24 August, 1799

5 March,
13 Jan.
21 June,
See 1776
See 1777

See 1779
31 Oct.
See 1780

1813180517961791

1802

52
66
85 76625074
82667666 76
SO

64

UNDER THE CONSTITUTION.

1784

1785

John M'Clary
Joseph Badger
Francis Blood
Moses Chase
Nathaniel Peabody
John Sullivan
Matthew Thornton
Amos Shepard 

EpsomGilmantonTempleCornishAtkinson
Durham Merrimack Alstead

1

16 June,

1801

82

I

14 Jan.

1809

61

1

Nov.

1814

79

1
18 Oct.
1799
73
1
29 June,
1823
81
1
23 Jan.
1795
54
1
See 1776
2
1 Jan.
1812
(1) Afterwards of Claremont, where he died.
George King. (3) Died at Brunswick, Maine.
(2) His name was originally
414

APPENDIX.

App..

Cranselbrs.

| Residei:

In office. | Died. |Age.

1785 Moses Dow
1786 Christopher Toppan
Joshua Wentworth
Robert Means
Joseph Gilman
Ebenezer Thompson
Daniel Emerson
Moses Chase
John Pickering
Peter Green
Ebenezer Smith
Robert Wallace
Josiah Richardson
William Simpson
John Pickering
Ichabod Rollins
Charles Barrett
Sandford Kingsbury
Jonathan Freeman
Christopher Toppan
Joseph Badger
Robert Wallace
Lemuel Holmes
Nathaniel Rogers
Phillips White
Ebenezer Smith
Christopher Toppan
Thomas Bellows
Joseph Badger
Joseph Cilley
Aaron Wingate
Russell Freemanl
James Sheafe
Samuel Stevens
Joseph Blanchard
Levi Bartlett
David Hough
William Hale
Benjamin Pierce
Daniel Blaisdell
Joseph Badger
Nahum Parker
Amasa Allen
Daniel Gookin
William Tarleton
Elijah Hall
Richard Dame
Samuel Bell

1787

1788

1789

1790

179117921793
17941795
1797

1799
180018021803

1805

1807

1809

HaverhillHampton
PortsmouthAmherstExeter Durham
Hollis
CoruishPortsmouthConcord
Durham HennikerKeene
Orford
Portsmouth Somersworth
New-IpswichClaremontHanoverHampton
Gilmanton HennikerSurry
Exeter S. Hampton
See 1788
Hampton
Walpole Gilmanton
NottinghamFarmington Hanover
Portsmouth CharlestownChesterKingston
Lebanon
DoverHillsborough
CanaanGilmanton
FitzwilliamWalpole, N. Hampton
PiermontPortsmouthRochester Amherst

March,
Feb. Oct.
Jan.

See 1776
4 Oct.
See 1784
11 April,
27 March, 1798

1811 1818
1809 1823
18061821
1805

25

Jan.
Feb.

See 1787
31 Jan.
21 Sept.

181518201823
18001808

20 August, 1808
See 1786
See 1784
See 1788
died in Vermont
May, 1829
24 June, 1811
See 1786

See 1784
Aug.Feb.
Dec.Dec.Nov.

1799
18221805
1829
1823

30 Jan. 1828

See 1784
1 July, 1821
26 March, 1819
22 June, 1830
19 Sept. 1828

63

63

(1) Murdered by Josiah Burnham.

APPENDIX.

415

App. | Counsellors

Residence. | In office. | Died 1

LVge.

1809

Caleb Ellis

Claremont '

! 9 Ma.", 1816

49

Benjamin J. Gilbert

Hanover 5

!

1810

Jedidiah K. Smith

Amherst '

i 17 Dec. 1328

58

1811

Nathaniel Upham

Rochester :

I 10 July, 1829

56

Ithamar Chase

Cornish

5 August, 1817

55

Jonathan Franklin
Lyme
3
1813
Nathan Taylor
San born ton
I
Enoch Colby
Thornton
1814
Samuel Quarles
Ossipee
i
Benjamin Pierce
See 1803
2
1816
Levi Jackson
Chesterfield .
1 30 August, 1821
49
1817
John M. Page
Tamworth
? May, 1826
48
John Bell, jr.
Chester
1818
Richard H. Ayer
Hooksett
Samuel Grant
Walpole
I
Jeduthun Wilcox
Orford <
I
J.819
Aaron Matson
Stoddard i
I
John French
Landaff :
I
1820
Richard Odell
Conway ;
J
1821
Samuel Dinsmoor
Keene
I
1822
Hunking Penhallow
Portsmouth 1
2 24 Sept. 1826
60
Elijah Belding
Swanzey !
I
Ezra Bartlett
Haverhill (
i
1823
Daniel C. Atkinson
Sanbornton !
I
Jonathan Harvey
Sutton '.
I
1824
Thomas C. Drew-
Walpole !
I
Daniel Hoit
Sandwich i
I
1825
Langley Boardman
Portsmouth !
I
John Wallace
Milford !
5
Caleb Keith
Wentworth <
I
1826
Jotham Lord
Westmorela'd ,'
5
1827
Francis N. Fisk
Concord
I
Andrew Peirce
Dover
I
1828
Langley Boardman
See 1825
I
Matthew Harvey
Hopkinton 5
I
1829
Francis N. Fisk
See 1827
Benning M. Bean
Moultonboro'
I
Joseph Healey
Washington
Stephen P. Webster
Haverhill
1830
Thomas E. Sawyer
Jesse Bowers
Dover
Dunstable
416

APPENDIX.
SECRETARIES OF STATE OF NEW-HAMPSHIRE,
FROM 1680 TO 1830.

TThis list may not be complete, as the Council Records are missing for a
number of years from the Secretary's office.]

App.

1680 1682 1692169616991669

17751786
1805 1809
1810 18141816
1825 1829

Names.

Elias Stileman
Richard Chamberlain
Thomas Davis
Henry Penny
Sampson Sheafe
Charles Story
Samuel Penhallow
Richard Waldron
Theodore Atkinson
Theodore Atkinson, jr.
Theodore Atkinson
Ebenezer Thompson
Joseph Pearson
Philip Carrigain
Nathaniel Parker
Samuel Sparhawk
Albe Cady
Samuel Sparhawk
Richard Bartlett
Dudley S. Palmer

Discont'd ]

Died. |

Age.

1695

1709

1724
76
1714
1726
61
1753
60
1779
81
1769
33
as above
1802
68 :
1805
1822
85 "
1809
1810
1810
1814
1816
1825
1829
TREASURERS OF NEW-HAMPSHIRE,
SINCE THE REVOLUTION.
App.
Names.
Residence.
Dis.
1775
Nicholas Gilman
Exeter
1783
1783
John Taylor Gilman
Exeter
1794
1794
Oliver Peabody
Exeter
1805
1805
Nathaniel Gilman
Exeter
1813
1813
William Austin Kent
Concord
18161
1816
William Pickering
Greenland
1829
1828
Samuel Morril
Concord
1829
1829
William Pickering
Concord
1830
1830
Abner Bayley Kelly
Warner
DELEGATES TO CONGRESS,
DURING THE CONFEDERATION OF THE STATES.5
Name.
Residence.
Death.
1 Age.
John Sullivan
Durham
22 Jan.
1795
54
Nathaniel Folsom
Exeter
1789
Josiah Bartlett
Kingston
19 May,
1795
65
John Langdon
Portsmouth
18 Sept.
1819
79
* Some of the following were elected a second and third time. The re
cords show that several others were elected, who declined the appointment.
APPENDIX.

417

Name.

Residence.

Death

IA

£e-

William Whipple

Portsmouth

28 Nov.

1785

54

Matthew Thornton

Londonderry

24 June,

1803

89

George Ffrost

Durham

21 June,

1796

76

Nathaniel Peabody

Atkinson

29 June,

1823

81

Woodbury Langdon

Portsmouth

13 Jan.

1805

66

Paine Wingate

Stralham

Samuel Livermore

Portsmouth

May,

1803

71

Abiel Foster

Canterbury.

Feb.

1806

71

Nicholas Gilman

Exeter

7 April,

1782

52

John Wentworth

10 Jan.
1787
42
Phillips White
S. Hampton
24 June,
1811
S2
John Taylor Gilman
Exeter
31 Aug.
1828
75
Jonathan Blanchard
Dunstable
16 July,
1788
50
Peirce Long-
Portsmouth
31 March
,1789
delegates to the convention of the united states,
in 1787.
John Langd'on,
Nicholas Gilman,
Portsmouth.
Exeter.
SENATORS AND REPRESENTATIVES IN CONGRESS
UNDER THE FEDERAL CONSTITUTION.
SENATORS.
Commenced.
1789
1789 1793
18011801
1802180518071810
John Langdon
Paine Wingate
Samuel Livermore
Simeon Olcott
James Sheafe
William Plumer
Nicholas Gilman
Nahum Parker
Charles Cutts
In office. 12 48 4 1
59
33
Commenced.
1813181418171817 1819 1823
18251831
Jeremiah Mason
Tho. W Thompson
Clement Storer
David L. Morril
John F. Parrott
Samuel Bell
Levi Woodbury
Isaac Hill
In office. 4
55
148

APPENDIX.

REPRESENTATIVES.

Commenced.

In office. 4

1789 Samuel Livermore
1789 Abiel Foster 2
1789 Nicholas Gilman 8
1791 Jeremiah Smith* 6
1793 John S. Sherburne 4
1793 Paine Wingate 2
1795 Abiel Foster 8
1797 Jonathan Freeman 4
1797 William Gordon 3
1797 Peleg Sprague 2
1800 James Sheafef 1
1800 Samuel Tenney 7
1801 George B. Upham 2
1801 Joseph Pierce 1
1802 Samuel Hunt 1
1803 Silas Betton 4
1803 David Hough 4
1803 Clifton Clagett 2
1805 Thomas W Thompson 2
1805 Caleb Ellis 2
1807 Daniel M. Durell 2
1807 Clement Storer 2
1807 JedidiahK. Smith 2
1807 Francis Gardner 2
1807 Peter Carleton 2
1809 William Hale 2
1809 Nathaniel A. Haven 2
1809 James Wilson 2
1809 John C. Chamberlain 2
1809 Daniel Blaisdell 2
1811 Josiah Bartlett 2
1811 George Sullivan 2

Commenced. 1811 John A.

Harper

In office. 2

1811 Samuel Dinsmoor
1811 Obed Hall
1813 Samuel SmithJ
1813 Daniel Webster
1813 Bradbury Cilley
1813 William Hale
1813 Roger Vose
1813Jeduthun Wilcox
1815 Charles H. Atherton
1817 John F. Parrott
18l7Salma Hale
1817 Clifton Clagett
1817 Arthur Livermore
1817 Josiah Butler
1817 Nathaniel Upham
1819 Joseph Buffum, jr.
1819 William Plumer, jr.
1821 Matthew Harvey
1821 Aaron Matson
1821 Thomas Whipple
1823 Arthur Livermore§
1823 Ichabod Bartlett
1823 Titus Brown
1823 Joseph Healey
1823 Jonathan Harvey
1827 David Barker, jr.
1829 John Brodhead
1829 Joseph Hammons
1829 Thomas Chandler
1629 Henry Hubbard
1829 John W. Weeks

* Mr. Smith resigned his seat after attending the May session of 1797 and
Mr. Sprague was elected to supply the vacancy.
t Mr. Sheafe was elected in the place of Mr. Sprague, resigned, and took
his seat in January, 1800.
X Mr. Smith resigned in 1814, and the vacancy was not filled.
§ Mr. Livermore was chosen in March, 1830.

TABLE shewing the Officers of Government in New- Hampshire in 1773; the authority by which they held their places ; their
annual salary or compensation ; and the mode of their appointment.

Office.

Governor & Commander
in Chief.

Counsellors.

Court of Appeals, and
also of Supreme Probate

Justices and Clerk of the
Superior Court.

Names of Officers.

JOHN WENTWORTH.

By the King's commission un-
derthe great seal of England.

Theodore Atkiuson> Daniel Warner,
Mark H. Wentworth, Peter Livius, Jon
athan Warner, Daniel Rindge, George
Jaffrey, Daniel Rogers, Peter Gilman,
Thomas W. Waldron, Paul Wentworth,
(one vacancy.)

The Governor and Council.

By President Cutt's commis
sion and by laws of the Prov-

Theodore Atkinson, Meshech Weare,
Leverett Hubbard and William Parker.
Clerk, George King.

The authority by which they
held their places.

By the King's Mandamus.

By Laws of the Province.
By ditto. 

The annual value in proclamation
or current money.

£700 salary, voted annually by the
assembly, and about £100 fees.

7s. per diem, while they set as part
of the Assembly, and nothing
when they set as a Council of By the King.
State, which was near as often
as in their former capacity.

28s. to the Gov. and 6s. to each
Counsellor actually sitting in
the case, for each action. About
5 entries in a year.

£60 salary, annually voted by the
Assembly, and about £24 fees, to
each. £5 more to Chief Justice

Mode of their
appointment.

By the King.

By the King's
Mandamus as
Counsellors.

By the Governor
with adv. council
App. by Court.

Justices and Clerks of
the Inferior Court of
Common Pleas.

Rock ing
ham.

' Daniel Warner, Clement March
Jno. Phillips & Chris. Toppan
Clerk, Isaac Rindge.

By Laws of the Province.

£60, arising out of fees established
by law.
£100 ditto.

By the Gov. with
advice Council.
Elect, by Court

Straf- C John Wentworth, George Ffrost.
ford. < Otis Baker & John Plummer.
( Clerk, Ebenezer Thompson.

By Laws of the Province.

£25 per annum, as above.
50 per annum, as above.

As above.

Hills- C Matth. Thornton, Sam'l Hobart,
boro'. < John Shepard & Samuel Blodget.
( Clerk, Stephen Holland.

By Laws of the Province.

£30 per annum.
£50 per annum.

As above.

Office.

Names of Officers.

The authority by which they
held their places.

The annual value in proclamation
or ctirrc >t money.

Mode of their
appointment.

Che- C Daniel Jones, Samuel Ashley,
shire. ^ Elisha Marsh, Benja. Bellows.
( Clerk, Simeon Jones.

By Laws of the Province.

£io per annum.
£50 per annum.

As above.'

Graf- C John Hurd, Asa Porter, David
ton. 2 Hobart, Bazaleel Woodward.
( Clerk, John Fenton.

By Laws of the Province.

£10 per annum.
£50 per annum.

As above.

Sheriffs.

Rockingham, John Parker.
Strafford, Theopilus Dame.
Hillsborough, Benjamin Whiting.
Cheshire, Josiah Willard.
Grafton, William Simpson.

By Laws of the Province.

£100 per annum.
£ 70 per aunum.
£ 65 per annum.
£ 70 per annum.
£ 50 per annum.

By the Governor
and Council, ap
pointed and com
missioned.

Judges of Probate.

Rockingham, John Sherburne.
Strafford, Henry Rust.
Hillsborough, John Goffe.
Cheshire, Simeon Olcott.
Grafton, John Fenton.

By the Governor's commis
sion and Laws.

£ 05 per annum.
£ 30 per annum.
£ 25 per annum.
£ 24 per annum.
£ 18 per annum.

As above.

Registers of Probate.

Rockingham, William Parker.
Strafford, John Wentworth.
Hillsborough, Joshua Atherton.
Cheshire, Thomas Sparhawk.
Grafton, Jona. M. Sewall.

As above.

£ 65 per annum.
£ 30 per annum.
£ 25 per annum.
£ 24 per annum.
£ 18 per annum.

As above.

C Judge.
Admiralty ^Register. ( Marshal.

Robert Auchmuty.
Charles Russel.
John Beck.

By Lords Com'rs Admiralty.
By ditto.
By com'n from the Judge.

£600 sterling.
Fees on causes tried.
Fees on business.

By the King.
do.
By Judge Adm.

Recorders of Deeds.

Rockingham, Joseph Peirce.
Strafford, Thomas W. Waldron.
Hillsborough, Samuel Hobart.
Cheshire, Josiah Willard.
Grafton, John Hurd.

By the Laws of the Province.

£ 65 per annum.
£ 25 per annum.
£ 30 per annum.
£ 40 per annum.
£ 30 per annum.

Elected annually
by the Governor,
Council and As
sembly.

County Treasurers.

Rockingham, Peter Gilman.
Strafford, Thomas W. Waldron.
Hillsborough, Samuel Hobart.
Cheshire, Daniel Jones.
Grafton, John Hurd.

Justices of the Quarter Ses
sions.

£ 50 per annum.
£ 20 per annum.
£ 90 per annum.
£ 20 per annum.
£ 20 per annum.

By warrant.

Prov. Judge Admiralty.
Register do.
Advocate. Marshal.

William Parker.
John Sherburne.
Samuel Livermore.
John Beck.

The Gov's com'n as Vice-Ad.
do.do. do.

Generally about 8 guineas, arising
from fees.

By commission
from Governor.

Secretary of Province.

Theodore Atkinson.

By mandamus from the King.

£100 per ann. including office,
fire, candles, &c. £60 salary,
granted annually by the Assem
bly, and £40 fees.

By commission
from Governor.

Treasurer.

George Jaffrey.

Bycom'nfrom Governor.

£125 granted by Assembly, ann.

As above.

Attorney General. jSamuel Livermore.

By ditto.

£25, as above, and 45/. fees.

As above.

iSurveyor Gen. of Lands.

George Sproule.

By ditto.

About 20 guineas, fees.

As1 above.

IReceiver of Quit Rents.

John Hurd.

By ditto.

L.100 sterling per annum.

As above.

P.eceiver Powder Money.

Theodore Atkinson.

By ditto.

5 per centum on the amount.

As above.

Master of the Harbor.

John Briard.

By warrant from the Gov.

121. s. per ann. from powder money.

As above.

Collector ofthe Customs.

George Meserve.

By com'n from the Com'rs of
his Majesty's revenue.

About 6001. sterling.

Warrant com'rs.

Comptroller.

Robert Trail.

By ditto.

About 180Z. sterling.

As above.

Naval Officer.

John Fisher.

By com'n from the Gov.

200L per annum, by fees.

King's mandam.

Post-Master.

Eleazar Russel.

By com'n dep. P.M.G. Amer.

501. per annum, salary

By dep. P. M.G.

Notaries Public.

Wyseman Clagett, ,,
John Wendell.

Licensed by the Archbishop
of Canterbury.

14Z. per annum, in fees.

By commission
issued.

Major General.
riiigadiei! General.

Theodore Atkinson.
Peter Gilman.

By the Governor.
ditto.

Nothing.

By commission.
As above.

422 APPENDIX

ORIGINAL, PAPJERS,
AND COPIES OF PUBLIC DOCUMENTS.

[This portion of the Appendix, excepting the articles numbered 14,15,23,
33, 54. 55 and 62, is printed from the original manuscript copy of Dr. Bel
knap, from which the first edition of the first volume was printed at Phil
adelphia in the year 1784. It was preserved by the late Ebenezer Haz
ard, Esquire, who superintended that volume while in the press, and was
transmitted by him to the author or his family at Boston. It will be seen
that sixteen of the articles, viz. Nos. 12, 13, 14, 15, 17, 18, 19, 20, 21, 26, 30,
33, 34, 50, 51 and 53, have never before appeared in the work. Those
three numbered 14, 15 and 33, have been added by the editor'. The others
were prepared for the history by the author, but they were not published
for want of room. The Wheelwright Indian deed of 1629, as it is indis
putably a forgery, is omitted, although the number and title of it are given
to preserve the numerical arrangement of the papers. Excepting the
numbers from No. 2 to No. 11, inclusive, the ancient spelling, being ex
ceedingly variable, and in many instances uncouth, has not been followed.
As some doubts have rested on the genuineness of some of the early pa
pers, the former orthography has been retained in the numbers just men
tioned. It has also been retained in Nos. 55 and 59 merely as a curiosity.]

No. 1. Copy of a Deed from four Indian Sagamores to John Wheel
wright and others. 17 May, 1629.
No. 2. An original letter from Thomas Eyre, one of the adventurers
or company of Laconia, to Mr. Gibbins, their factor.
London, the last of May, 1631.
Mr. Gibbins, — Yours of the 8th April, 1630, from Plymouth I
received and thereby took notice of your entertaining Roger
Knight ; and here I present his wife 20s. pr. quarter at your de
sire and 31. per quarter to yours. I hope by this they are both
with you according to your desire. I wish all your wives with you,
and that so many of you as desire wives had such as they desire ;
for the adventurers desire not to be troubled with quarterly pay
ments. Your next to me is dated the 2lst of July last at Pascataquacke,
I take notice of your complaints for want of the trade goods, and
so much as lieth in me it shall be otherwise, especially if you
send us returnes, doubt you not but that you shall be supplied from
time to time unto your owne contents.
Your 3d Ire to me is dated the 14th of August, by which I per
ceive divers of the commodities and provisions which you carried
with you in the barke Warwicke, were not to your liking for which
I am sorry. You know the trouble we had. I could not looke
to Mr. Olden's and all besides. I hope by the Pide-Cowe you

APPENDIX. 423
find it otherwise. I pray write me how you like the hatchetts
sent you by that ship and how all goeth.
I like it well that your governor will have a stocke of boards at
all times readie. I hope you will find something to relade both
the Pide-Cowe and the Warwicke. I will now put on the send
ing of you the moddell of a saw-mill that you may have one gom°-.
Your wife and children, Roger Knight's wife and one wife more
we have already sent you, and more you shall have as you write
for them.
Another Ire I have from you of the 14th August, in which you
write for another Mason. Wee have had enough to doe to goe so
farre forwards as we have, as Capt. Keyes can tell you, yet now we
begine to take hearte agayne, but the sight of returnes will be that
which will indeede put life into us.
Among my New-England records I find your Ire unto Capt.
Mason of the 14th August last, wherein you give a good account
of your times spent from the first of June until then, as also of the
manner of your trade which was to Capt. Mason's liking. We
hope you will find out some good mines, which will be welcome newes
unto us.
By Mr. Glover we reed. Ires from Capt. Neale, written as we
think about the end of March last, write me I pray, what winter
you had, and how you had your healthes and why Capt. Neale
went not in Septem. last to discover the lakes, as he wrote he
would, and why you did not write by that conveyance.
By the barke Warwicke we send you a factor to take charge of
the trade goods ; also a soldier for discovrie &c.
Thus I commend you, and your wife, who by this I hope is
with you to the protection of the almightie.
Your loving friend,
THO. EYRE.
Kept untill the 7th of June.

No. 3. An original letter from the company to Ambrose Gibbins.
London, 5th Decemb. 1632.
Mr. Ambrose Gibbins, — Your sundrie letters we have received.
Wee doe take notice of your care and paines in our plantation and
doe wish that others had bine that way the same that you are and
will wee hope soe continew. The adventures here have bine soe
discouraged by reason of John Gibbes ill dealing in his fishing
yoiage, as alsoe by the small returnes sent hither by Capt. Neal,
Mr. Herbert or any of their factors as that they have noe desire to
proceed any farther, until Capt. Neale come hither to confer with
them, that by conferrence with him they may settle things in a
better order. Wee have written unto Capt. Neale to dismise the
household, onlie such as -will or canne live of themselves may stay
upon our plantation in such convenient places as Capt. Neale, Mr.
Godfrie and you shall think fitt ; and after conferrence had with
Capt Neale they shall have a reasonable quantity of land granted
unto them by deed.

424 APPENDIX.
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 cheife care of our house at Pascattavvay to Mr. Godfrie and
written unto Mr. Warnerton to take care of our house at Straw-
berry-bancke. Our desire is that Mr. Godfrie, Mr. Warnerton
and you should joyne loveinglie together in all things for our good,
and to advise us what our best course will be to doe another yeare.
You desire to settle yourself upon Sanders Point. The adven
turers are willing to pleasure you not only in this, in regard of the
good report they have heard of you from tyme to tyme, but alsoe
after they have conferred with Cap}:. Neale, they determyne some
further good towards you for your further incouridgment.
Wee desire to have our fishermen increased, whereof we have
written unto Mr. Godfrye. Wee thank you for assisting John
Raymond, wee pray you still to be helpful to him that so he may
dispatch and come to us with such returne as he hath, and if he
hath any of his trade goods remayning unsold wee have willed
him to leave them with you and wee doe hereby pray you to re
ceive them into your custody and to put them off with what con-
veniency you canne, and to send us the retournes by the first shipp
that comes. Thus we commend you and your wife to the protec
tion of the almightye. Your loving friends,
John Mason, Tho. Warnerton,
Henry Gardiner, Tho. Eyre, for my
Geo. Griffith, children.

No. 4. Copy of a letter from Ambrose Gibbins to the company.
After my umble duty remembred unto your worships, I pray for
your good health and prosperity. These are certifying your wor
ship for the goods I have received from you. I have delivered
unto Mr. John Raymon 761b and 4 ounses of beaver, 10 otters, 6
musquashes and on martin more, that Captain Neale had 3581b
and ii ounses of beaver and otter, 17 martins, on black fox skin,
on other fox skin, 3 racoon skins, 14 musquashes two of them
with stones. Mr Raymon's present departing and the intermixing
of all the trade goods in my care until Mr. Vaughan com I cannot
give you any satisfaction for the account of trade. I did advise
Mr. Raymon to returne with all speede unto you. Your letters I
received the 7th of June. At larg I will write if God wil by the
next. Thus taking my leave I comit your worship to Almighty
God. Your worship's at command,
AMBROSE GIBBINS. '"
From Newichwanicke,
this 24th of June, 1633.

APPENDIX. 425
No. 5. Copy of another from Gibbins to the company.
Newichwanicke, July 13, 1633.
Right honourable, right worshippful and tht* rest, my humble
servis rembred. Your letter dated the 5th of December and Mr.
Ares letter third of April I received the seventh of June. The
detaining of the former letter hath put you to a great charge in the
plantation. For my care and paines I have not thought it much
although I have had very little encouradgement from you and here.
I do not doubt of your good will unto mee. For your fishing, you
complain of Mr. Gibbes : A Londoner is not for fishing, neither
js there any amity betwixt the West countrimen and them. Bristo
or Barnstable is very convenient for your fishing shipes. It is not
enough lo fit our shipes to fish but they must be sure (God will) 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. Warnerton hath the charge of the house at Pascatawa and
hath with him William Cooper, Rafe Gee,* Roger Knight, and his
wife, William Dermit and on boy. For your house at Newich-
wannicke, I seeing the necessity will doe the best I can there and
elsewhere for you until I hear from you againe. Advise I have
sent but not knowing your intentes I cannot wel enlarge but I re
fer you to Mr. Herbert and Mr. Vaughan. For my settlement at
Sanders-Point and the further good you intend me I humbly thank
you I shall do the best I can to be grateful. I have taken into
my handes all the trade goods that remains of John Raymon's and
Mr. Vaughan's and will with what convenience I may put them
of. You complain of your returnes ; you take the coorse to have lit
tle ; a plantation must be furnished with cattle and good hir^d hands,
find necessaries for them and not thinke the great lookes of men an/}
many words will be a meanes to raise a plantation. Those that have
been here this three year some of them have neither meat, money
nor clothes, a great disparagement. I shall not need to speak of
this, you shall hear of it by others. For myself, my wife and child
and four men we have but half a barrel of corne ; beefe and porke
I have not had but on peese this three months, nor beare this four
months ; for I have for two and twenty months had but two bar
rels of beare and two barrels and fourbooshel of malt, our number
commonly hath bin ten. I nor the servantes have neither money
nor clothes, I have been as sparing as I could, but it will not doe.
These four men with me is Charles Knell, Thomas Clarke, Steven
Kidder, and Thomas Crockitt, three of them is to have for their
wages until the first of March four pounds per peese and the oth
er for the year six pounds which in your behalf I have promised
to satisfy in money or beaver at ten shillings per pound.. If there
were necessarvs for them for clothing there would not bee much
for them to receive. You may perhaps think that fewer men.
would serve me but I have sometimes on C [one hundred] or more
Indians and far from neybors : These that I have I can set to pale
* [Probably the same as Ralph Goe, mentioned in Adams' Annals, p. 18, as
of Pascataqua in 1631.] 56

426 APPENDIX.
in ground for corne or garden. I have digged a wel within the
palizado, where is good water, I have that to close with timber.
More men I could Jiave and more employ, but I rest thus until I
hear from you. The vines that were planted will come to little, they
prosper not in the ground they were set, them that groo natural are
veri good of divers sorts. I have sent you a note of the heaver
taken by me at Newichwanick, and how it hath gon from me.
George Vaughan hath a note of all the trade goodes in my custody
of the old store John Ramon's and George Vaughan's accomtes, but
the beaver beinge disposed of before I could make the divident I
cannot see but it must be all onpackt and be divided by you. The
governor departed from the plantation the fifteenth of July in the
morning. So for this time I end, committing you to the protection.
of the Almighty and ever rest your loving servant.
AMBROSE GIBBINS.

No. 6. Copy of a letter from Walter Neal and , Thomas Wiggin,
to the Company, relating to a division of the lands of Pascataqua,
1633.
[The following is the letter supposed to be spurious. See note on it, pages
12 and 13 of this volume.]
Much honoured, — In obediance to your commands have survaied
the river from the mouth of the harbor to Squamscutt falls, and li-
quise from the harbor's mouth by the sea side to the Massachusetts
bounds, and find that the bounds of your pattents will not aford
more than for two towns in. the river of Piscataway and the re
mainder will make another good towne having much salt marsh
in it. And because you would have foure townes named as you
desired wree have treated with a gentleman who has purchased a
trackt of land of the Indyans at Squamscutt falls, and your land
running up to the said falls on one side of the river from the falls
about a mile downward, said, gentlemen having a mind to said
land on your side to a certain crike and one mile backward from
the river which we agreed on and the crike is called Weelewright's,
the gentleman's name being Weelewright and he was to name said .
plantation (when settled) Exeter. And the other two towns in
the river, the orje North-ham and Portsmouth the other. Bounded
as followeth, viz. Portsmouth runes from the harbor's mouth by
the sea aide to the entrance of a little river between two hed lands
which we have given the names of Little Bore's-hed, and the
Grate Bore's-hed, and from the mouth of that little river to go on
a strait line to the aforesaid creeke which we have named Weele-
right's creeke and from thens down the river to the harbor's mouth
where it began. And North-ham is the bounds of all the land of
Hilton's Point side. And the other land from the little river be
tween the two Boores-Heds to run by the sea till it meets with the
line between the Massachusetts and you, and so to run from the
sea by said Massathusetts line into the woods eight miles and
from thence atwart the woods to meet with Portsmouth line neere

APPENDIX. 427
Wheleright's creek and that tracte of land to be called Hampton.
So that their is foure towns named as you desired but Exeter is
not within the bounds of your pattents. But the grete dificulty is
the agreement about the dividing line between the pattent of the
twenty thousand acres belonging to the company of Laconyah and
the pattent of Bluddy poynt the river running so intrycate, and
Bluddy poynt patent bounds from thence to Squamscutt falls to run
three miles into the woods from the water side. But for your
better understanding thereof wee have sent you a draft of it ac^
cording to our best skill of what we know of it at present, and
have drawn a dividing line between the two pattents, so that
Portsmouth is part of both pattents and Hampton we apprehend
will be holly in the twenty thousand acres pattent, and North-ham
is the bounds of Hilton's point pattenl. If what we have don
be to your likinge Wee shall think our time well spent and what
further commands you will please to lay on us we shall readily
obeye to the utmost of our power. Wee humbly take leve and
subscribe ourselves, Your devoted and most humble servants,
North-ham on Piscataway river, in ) WALTER NELE,
New-England, 13 Augst 1633. \ THOMAS WIGGIN.
Superscribed, To John Mason Esq. governor of Portsmouth to be
communicated to the pattentes of Laconiah and Hilton's point,
humbly present in London.
Wee under written being of the government of the province of
Maine doe affirm that the above letter written and sent by Walter
Nele and Thomas Wiggin and directed to John Mason Esq. gov
ernor of Portsmouth to be communicated to the pattentes of La
coniah and Hilton's point, is a trew copia compared with the orig-
inall. And further wee doe affirm that there was foure grete gunes
brought to Piscataqua which ware given by a marchant of London
for the defence of the river, and at the same time" the Earle of
Warwicke, Sr Ferdenando Gorges, Capt. John Mason and the rest
of the pattentees sent an order to Capt. Walter Nele and Captu.
Thomas Wiggin ther agents and governor at Piscataway to make
choise of the most convenient place in the said river to make a
fortefecatyon for the defence thereof, and to mount those foure
gunes giveen to the place, which accordingly was done by Capt.
Walter Nele and Capt. Thomas Wiggin and the pattentes servants,
and a draft was sent of the place that they had made choice of to
the said Earle and company, and the draft did containe all the
necke of land in the north este side of the grete island that makes
the grete harbor, and they gave it the name of Fort-poynt, and al-
loted it so farbacke into the island about a how-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
Capt. Walter Nele and Capt. Thos. Wiggen wee have ordered
this wrighting to ly in our files of records of their doings therein.
In witness whereof wee have hereunto sett our hands and seles
at Gorgeana, in the province of Maine, in New-England^ 20th
August 1633.
RICH. VINES, (Seal.)
HENRY JOCELYN, (Seal.)

428

APPENDIX.

No. 7. An original letter from Sir Ferdinando Gorges and Capt.
John Mason to Messrs. Wamerton and Gibbins.
Mr. Wamerton and Mr.% Gibbins, — These are to let you know
that wee with the consent ot the rest of our partners have made a
division of all our land lying on the north east side of the harbor,
and river of Paseataway ; of the quantities of which lands and
bounds agreed Upon for every man's part we send you a coppie of
the draft, desiring your furtherance with the advice of Capt. Nor
ton and Mr Godfrey to set out the lynes of division betwixt our
lands and the lands of our partners next adjoining, because we
have not onlie each of us shipped people present to plant upon our
ovvne landes at our own charge, but have given direction to invite
and aiithoritie to receive such others as may be had to be tenants^
to plant and live there for the more speedie peopling of the coun-
trie. And whereas there is belonging unto me Sri Ferdnando
Gorges, and unto Capt. Mason for himself and for Mr. John Cot
ton iiid his deceased brother Mr. William Cotton, both whose in
terests Capt. Mason hath bought, the one halfe of all matters men
tioned in the inventorie of houshold stuffe and implements left in
trust with you bv Capt. Neale, whereunto you have subscribed
your names and whereof a coppie is herewith sent, we desire you
to cause an equal division as neere as possible may to be made of
all the saied matters menconed in the inventorie inkinde, or if
some of them cannot be so divided then the on halfe to be made
equall to the other in valew of all the saied' matters, except the
cattell and suites of apparell and such other things as belong per*
ticularly to Capt. Mason, and to deliver the said one halfe of all
the saied matters soe to be divided, unto Mr Henry Jocelyn for
the use of our plantations, taking an inventory thereof under his
hand of all you shall soe deliver hime, and making certificate to
us thereof. And for your soe doeing this shall be you suffitient
warrant and discharge. And so wee rest,
Your verie lovinge friends,
Portsmouth, Maye 5, FERDIN. GORGE,
1634. JOHN MASON.

No. 8. An original letter from Capt. John Mason to Ambrose
Gibbins.
Mr. Gibbins, — These people and provisions which I have now
sent with Mr. Jocelytie are to sett upp two mills upon my own di
vision of lands lately agreed upon betwixt our adventurers ; but I
thinke not any of them will adventure this yeare to the plantation
besides Sr Ferdinando Gorges and myself, for which I am sorrye
in that so good a business (albeit hitherto it hath bene unprofita
ble) should be subject to fall to the ground. Therefore I have
strayned myself to doe this at this present, and eould have wished
that the rest would have joyned to have sent you some provisions
for trade and support of the place, but that failieing I have direct
ed to you as a token from myselfe one hogshead of mault to make

APPENDIX. 429
you some beare. The servants with you and such others as re-
mahie upon the companies chardge are to be discharged and pay
ed their wages out of the stocke of beaver in your hands at the
rate of 12s. the pound, whereof I thinke the company will write
you more at large. And wee have agreed to devide all our mova
bles mentioned in the inventory that Capt. Neale Draught home,
which were left in trust with you and Mr Wannerton; I bought
Mr. Cotton's and his brother's parte of all their adventures ; so
that the halfe of all belongs to Sr Ferdinando Gorges and myselfe,
and of that halfe three quarters will be due to me and one quarter
to Sr Ferdinando. These things being equally divided they are
to be delivered to Mr. Jocelyne, 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 Newichewannocke
house, and the cowes and goates which are all mine, and 14 swine
with their increase, some ground to be upon till we have some
place provided upon new divided land, or that you receive my
further order. A copie of the division of the lands is herewith
sent unto you.
The stockinges and the mault and the suites of cloathes and
suggar and raysinges and wine that was delivered by Mr. Bright
and Mr. Lewes I have not received any satisfaction for, wherein I
must crave your helpe and such satisfaction as may be sent by this
shipp. The christall sloanes you sent are of little or no valew unless they
were so great as to make drinking cuppes or some other workes, as pU-
lers for faire lookeinge glasses or for garnishinge of rich cabinets.
Good iron or lead oare I should like better of if it could be found.
I have disbursed a great d^al of money in your plantation and
never received one penny, but hope if there were once a discoverie
of the lakes that I should in some reasonable time be reimbursed again.
I pray you helpe the mi-, what you can to some of the best iron
stoane for ballast, and in case he want other ladeinge to fill the
shipp upp with stockes of cypress wood and cedar. Let me hear1
from you of all matters necessary, and wherein I may doe you
any pleasure I shall be reddie, and so with my heartie comment
dations, I rest your verie loveing friend,
Portsmouth, May 5th, 1634. JOHN MASON.
(Received 10th July, 1634.)

No. 9. Answer to the foregoing.
Sir, — Your worship have done well in setting forward your
plantacon, and for your milles they will prove beneficial unto you
by God's assistance. I would you had taken this coorse sooner,
for the marchants I shall be very cautyouse how> I deale with any
of them while I live. But God's will be done. I and the world
doth judge that I could not in these my days have spent my_time
for noethinge. For their sending trade and support I desire it
not. I have supported but now sonke under my burthen, the
more I thinke on this, the more is my griefe.

430 APPENDIX.
I have received the hogsd. of mault thai you sent me, giveirig"
you humble thanks for the same. The servants that were with
me are discharged and payed their wages for the yeare past and I
have delivered unto Mr. Wannerton 43lb. of beaver to pay those
that were with him for the year past. For the paying of the ser
vants there,old wages or the dividing of the goods I expect a gen
eral letter, if not then to heare further from your worshippe.
Your carpenters are with me and I will further them the best I
can. Capt. Neale appoynted me two of your goats to keepe, at
his departinge, I praise God they are 4. Of the goods that Mr.
Bright left I only reed, of Capt. Neale 4 bushells of mault and at
several times 8 gallons of sacke, and from Mr. Wannerton 7 bush
els and 1 peck of mault, 5 lb. and halfe of sugar and 3 pr of chil
dren stockings and 97 lb. of beefe which was of an old cow that
Mr. Wannerton killed, being doubtful that she would not live over
the winter. For these I will pay Mr. Jocelyn for you.
/ perceive you have a great mynd to the lakes, and I as great a
will to assist you. If I had 2 horses and 3 men^with me I would by
God's helpe soon resolve you of the situation of it, but not to live there
myselfe. The Pide-Cow arrived the 8th Julie, the 13th day she cast an
chor some halfe a mile from the fall, the 18th day the shippee
unladen, the 19th fell down the river, the 22d day the carpenters
began about the mill, the 5th of August the iron stoane taken in
the shipe. There is of 3 sorts, on sorte that the myne doth cast
fourth as the tree doth gum, which is sent in a rundit. On of the
other sortes we take to be very rich, there is great store of it. For
the other I know not ; but may it please you to take notice of the
waight and measure of every sort, before it goeth into the furnace
and what the stone of such waight and measure will yeeld in Iron.
This that 'e take to be the best stone is one mile to the south
ward of the great house* it is some 200 rodd in length, 6 foote
wide, the depth we know not, for want of tooles for that purpose
we tooke onely the surface of the mine.
I have paled in a piece of ground and planted it. If it please
God to send us a drie time, I hope there will be 8 or 10 quart
ers of corne. You have heare at the great house 9 cowes, 1 Bull,
4 Calves of the last yeare, and 9 of this yeare they prove very
well, farre better than ever was expected, they are as good as your
ordinary cattle in England and the goates prove some of them ve
ry well both for milk and breed. If you did send a shippe for the
westerne Islands of 6 score tunne or thereabouts for cowes and
goates it would be profitable for you. A. stocke of iron worke to
be put away with your boardes from the mill will be good, nayles,
spikes, lockes, hinges, iron workes for boats and pinaces, twine,
canvis, needles and cordage, pitch and tarr, graples, ankers, and
necessarys for that purpose.
Sr I have written unto Mr. John Round to repaire uuto your
worship, he is a silver smith by his trade but hath spent much
time and means about iron, may it please you to send for. him, he
* The great house stood opposite to the house of Mr. Temple Knight.

APPENDIX. 431
dwelleth in Mogull street, if you are acquainted with any finer or
mettle man enquire of him and as you see cause send for him, he
is Well seene in all myneralls if you deale with him he will give
you a good light for your proceedings.
The 6th of August, the shippe ready to set sayle for Saco to
load cloave boardes and pipe staves. A good husband with his
wife to tend the cattle and to make butter and cheese will be pro
fitable ; for maides they are soon gone in this country. For the
rest I hope Mr. Jocelyn for your own particulars will satisfie you
for I have not power to examen it. This with my humble ser
vice to your worship, I rest your ever lovinge servant,
AMBROSE GIBBINS.
Newichwannock, the 6th of August 1634,
No 10. An original Letter from George Vaughan to Mr. Ambrose
Gibbins. Boston, August 20, 1634.
Mr. Gibbins, — We only waite for a faire wind. I shall acquaint
Mr. Mason and the rest of the owners fully of what you and I
have formerly discourst and if they give me incouradgment hope
shall see you againe the next yere. Lookeing over my papers
found the inclosed, it being the division of the Townes and the
copia of what Capt, Nele and Capt. Wiggins wroate hoome to the
Patentees of Laconiah and Hilton's poynt. It may be of som use
to you hereafter, therefore sent it you, teste Capt. Wiggins should
make another Bluster. Which with my kind Love to you & your
spouse and little Beck, I am your assured frend,
GEORGE VAUGHAN.
No. 11. Another from the same.
London, 10th April, 1636.
Loving frend Gibbens, — Wee put into Ireland goinge home, and
there was taken sike and lefte behind, and laye so long before I
got well that it was the latter end of December laste before I got to
London, and Mr. Mason was ded. But I spoke with Sr Ferdinan
do Gorges and the other owners, but they gave me no! incouradg
ment for New-England. I acquainted them fully of what you and
I discoursed, but they were quite could in that matter, Mr. Mason
being ded and Sr Ferdinando minding only his one divityon. —
He teles me he is geting a pattente for it from the king from Pis-?
cataqua to Sagadehocke, and that betwene Meremacke and Pis-
cataqua he left for Mr. Mason, who if hee had lived would a tooke a
pattent for that also, and so I suppose the affairs of Laconia is ded al
so. I intend to goe for the Este Indyes, a frend of mine have made
mee a ver}' good proffer and I thinke to take up with it. Which
js what offers at present. Thus with my kind love to you and
your wife and daughter, I am your loving friend,
GEORGE TAUGHAN.
(The ten preceding papers are in the Recorder's office for Rockingharrj
county.)

432 APPENDIX
No. 12. Combination for government at Exeter, with the forms of
oaths for rulers and people.
[Not inserted in the former editions.]
Whereas it hath pleased the Lord to move the heart of our dread
sovereign Charles, by the grace of God, King, &c. to grant license
and liberty to sundry of his subjects to plant themselves in the
western parts of America : — We his loyal subjects, brethren of the
church in Exeter, situate and lying upon the river Pascataqua, with
other inhabitants there, considering with ourselves the holy will
of God and our own necessity, that we should not live without
wholesome laws and civil government among us, of which we are
altogether destitute, do in the name of Christ and in the sight of
God combine ourselves together to erect and set up among us such
government as shall be to our best discerning agreeable to the will
of God, professing ourselves subjects of our Sovereign Lord King
Charles, according to the liberties of our English colony of Massa
chusetts, and binding of ourselves solemnly by the grace and help
of Christ, and in his name and fear, to submit ourselves to such
godly and christian laws as are established in the realm of England
to our best knowledge, and to all other such laws which shall upon
good grounds be made and enacted among us according to God,
that we may live quietly a peaceably together in all godliness anq
honesty. Mo. 8. D. 4. 1639.
John Wheelwright, Darby Field, Richard Morris,
Augustine Storer, Robert Read, Nicholas Needham,
Thomas Wright, Edward Rishworth, Thomas Wilson,
William Wentworth, Francis Matthews, George Rawbone,
Henry Elkins, Godfrey Dearborne, William Cole,
George Walton, William Wardhall, James Wall,
Samuel Walker, Robert Smith, Thomas Leavit,
Thomas Petit, Ralph Hall, Edmund Littlefield,
Henry Roby, Robert Seward, John Cramme,
William Winborne, Richard Bulgar,* Philemon Purmot,
Thomas Crawley, Christopher Lawson, Thomas Wardhal).
¦Christopher Helme, George Barlow,
The Elder's or Ruler's Oath.
You shall swear by the great and dreadful name of the high
God, maker and governor of heaven and earth, and by the Lord Je
sus Christ, the prince of the kings and rulers of the earth, that in
his name and fear you will rule and govern his people according
.to the righteous will of God, ministering justice and judgment on
the workers of iniquity, and ministering due encouragement and
countenance to well doers, protecting of the people so far as in you
lieth, by the help of God from foreign annoyance and inward dis
turbance, that they may live a quiet and peaceable life in all godli
ness and honesty. So God be helpful and gracious to you and
yours in Christ Jesus.
* This name is erroneously Bicllyer in Hazard's Collections and in Coll.
N. H. Hist. Soc. i. 322.

APPENDIX. 433
The Oath of the People.
We do here swear by the great and dreadful name of the high
God, maker and governor of heaven and earth, and by the Lord Je
sus Christ, the king and saviour of his people, that in his name arid
fear, we will submit ourselves to be ruled and governed according
to the will and word of God, and such wholesome laws and ordi
nances as shall be desired therefrom by our honored rulers, and
the lawful assistants, with the consent of the people, and that we
will be ready to assist them by the help of God, in the administra
tion of justice and preservation of the peace, with our bodies and
goods and best endeavors according to God. So God protect and
save us and ours in Jesus Christ.
(Taken from the Town Records of Exeter.)

No. 13, The Combination for Government at Dover.
Whereas sundry mischiefs and inconveniences have, befallen us,
and more and greater may, in regard of want of civil government,
his most gracious Majesty having settled no order for us to our
knowledge — We, whose names are underwritten, being inhabitants
upon the river Pascataqua, have voluntarily agreed to combine our
selves into a body politic, that we may the more comfortably enjoy
the benefit of his Majesty's laws, together with all such laws as
shall be concluded by a major part of the freemen of our society,
in case they be not repugnant to the laws of England and adminis
tered in behalf of his Majesty. And this we have mutually prom
ised and engaged to do, and so to continue till his excellent Majes
ty shall give other orders concerning us. In witness whereof, we
have hereunto set our hands, October 22, [1640] in the 16th year
of the reign of our Sovereign Lord Charles, by the grace of God,
King of Great Britain, France and Ireland, defender of the faith,
THOMAS LARKHAM,
RICHARD WALDRON,
WILLIAM WALDRON,*
with 38 more.-j"
(From Hubbard's History of New-England,)

No. 14. Petition of the Inhabitants of Portsmouth.
To the honored General Court, assembled at Boston this present
month of May, 1653.
The humble petition of the inhabitants of the town at present
called Strawberry-Bank, sheweth :
That whereas your petitioners petitioned to the last General
* William Waldron was their recorder. He afterward removed to Saeo
and was drowned in Kennebunk river, in September, 1646. [Hubbard.]
Edward Colcot was sometime governor of this plantation. Ibid.
t [The names of these 38 cannot be found.]
57

434 APPENDIX.
Court to grant unto the said inhabitants a competent portion of
laud to make us a township, whereby we may be enabled to sub
sist and be useful to the church and commonwealth, our desire is,
that this honored court will be pleased to shew their favor and
good will towards us and willingness to accommodate us to the
uttermost. And for that purpose, hath desired the honored Captain
Wiggin to bring his patent to this present court.
Now may it please this honored court to take our. case into con
sideration and consider of our extreme necessities : First, in re
spect of the number of families which are between 50 and 60, of
which some are constrained to move for want of land to accom-.
modate them with their stock : Secondly, the quality of the land
we live on is so bad, it's incredible to believe, except those which
have seen it : Thirdly, the place being settled a plantation the
first of any in these parts, and our willingness in submitting to
your government : Fourthly, that all the neighboring plantations
about us which were settled since we, have their townships settled
and bounded; only we as yet have none: Fifthly, that whereas there
is much benefit by saw mills in other towns in this river and adja
cent towns, there is none in this town, but only one which was
never perfected, nor like to be.
We humbly entreat this honored court to take into their view
this neck of land which we live upon, which nature itself hath
bounded with the Maine sea and river, as may be seen by the draft
of the river, which was presented to the last General Court and
no,w presented again by our- deputy, which neck of land Is far less
than any neighboring town about us.
The desire of your humble petitioners is, that this honored court
would grant us the neck of land, beginning in the great bay at a
place called Cotterill's Delight, and running to the sea according
to our former petition presented to the last General Court.
And whereas the name of this plantation at present being
Strabery banke, accidentally so called by reason of a bank
where strawberries was found in this place. Now your petition
ers humbly desire to have it called Portsmouth, being a name most
suitable for this place, it being the river mouth and good harbor as
any in this land — And your petitioners shall humbly pray.
BRIAN PENDLETON,
RENALD FERNALD,
RICHARD CUTT,
SAMUEL HAINES,
JOHN SHERBURNE,
In behalf ol the rest.
On this petition, it was first proposed to postpone, " because of
Mr. Mason's claim to the land;" afterwards granted 28 May,
1653, and allowed to be called Portsmouth, " and the line of
the township of Portsmouth to reach from the sea, by Hampton
line to Winnicowett river leaving the proprietors to their just
rights." (From the Massachusetts Colony Files.)

APPENDIX. 435
No. 15. Declaration of John Allen, Nicholas Shapleigh and Thom
as Lake respecting the Dover and Swampscot Patents.
The General Court ordering that the petitioners, John Allen,
Nicholas Shapleigh and Thomas Lake, might make a brief decla
ration of their right in the two patents, Swampscot and Dover,
(November, 1654.)
We humbly present to this honored court as followeth :
1. That Mr. Edward Hilton was possessed of this land about
the year 1628, which is about 26 years ago.
2. Mr. Hilton sold the said land to some merchants of Bristol,
who had it in possession for about 2 years.
3. The Lord Say, the Lord Brook, Sir Richard Saltonstall, Sir
Arthur Haslerigg, Mr. Bosville, Mr. Wyllys, Mr. Whiting, Mr.
Hewett and others bought the said land of Bristol merchants and
they have paid £2150. They being writ unto by the governor
and magistrates of the Massachusetts, who encouraged them to
purchase the said lands of the Bristol men, in respect they feared
some ill neighborhood from them, as some in this honored court
may please to iemember.
4. The lords and gentlemen engaged the said land (so purchas
ed) about 9 years, and placed more inhabitants at Dover, some of
which came over at their cost and charges, and had their several
letters set forth unto them.
5. The 14th of ye 4 mo. 1641, Mr. Wyllys, Mr. Saltonstall, Mr.
Holyoke, and Mr. Makepeace, for themselves aud partners, put the
said patent under the government of the Massachusetts, reserving
1-3 of Dover patent, and the whole of the south part of the river,
to the lords and gentlemen, and the said court confirmed the
lands on them, their heirs and assigns forever, as by the said con
tract fully appears, the 14th 4th mo. 1641, and the 2-3 of Dover
patent should remain to the inhabitants of Dover.
6. The 7 mo. 1642, Mr. Samuel Dudley and others were ap
pointed by the court to lay out the limits of Dover according to the
agreement with Mr. Whiting and company, and that nothing be
done to the prejudice of Mr. Whiting and company appears per
the court record 7 mo. 1642.
7. The 7 mo. 1643, the marsh and meadows in the great bay
and 400 acres of upland was grauted to Dover, reserving the right
to the proprietors.
Now we humbly pray this honored court to take into considera
tion that, this conditional grant to Dover was 2 years and 3 months
after your contract with Mr. Whiting and company, and 15 years
after the owners had purchased and possessed it, during which
time, the whole patent was twice sold and several parts also, and
also it was enjoyed by the owners 13 years before the honored
court challenged any interest in the said land by the extent of your
patent. And that this honored court will be pleased to grant a di
vision of the said lands according as you have formerly ordered.
[Copied from the Massachusetts files and communicated to the editor by
Mr. Joshua Coffin.]

436 APPENDIX.
No. 16. Copy of a report of a Committee of Reference on the peti
tion of Robert Mason, Edward Godfrey, and others to the king,
(in 1661.)
To the King's most excellent Majesty,
According to your majesty's reference upon the petition of Rob
ert Mason, Edward Godfrey, and others, hereunto annexed, bear
ing date at Whitehall, the seventeenth of November, 1660, we
have heard the claims and complaints of the petitioners, and also
summoned by process publicly executed at the exchange on the
21st day of January last against all persons interested in that bu
siness, but none appeared but Capt. John Leverett, who acknowl
edged that formerly he was commissionated as an agent of the
corporation of Boston in New-England, but that now he had no
authority to appear or act on their behalf.
Upon producing of divers letters patents and examination of
witnesses, we find, That Capt. John Mason, grandfather to Robert
Mason, one of the petitioners, and Edward Godfrey, another of
the petitioners, by virtue of several letters patents under the great
seal of England granted unto them and others by your majesty's
late royal father,by themselves and their assigns have been in ac
tual and quiet possession of several tracts, parcels and divisions of
land in New-England, as in and by the said letters patents is par
ticularly expressed, and that the said Capt. John Mason and the
said Edward Godfrey did expend and lay out considerable sums of
money in settling plantations and colonies there ; That the said
Edward Godfrey has lived there for five and twenty years, having
undergone and discharged the office of governor of the province
of Maine with much reputation of integrity and justice, endeavor
ing the regulation and government of those parts, where he lives
according to the known and settled laws of this kingdom ; That
notwithstanding, the said Edward Godfrey has not only been turn
ed out of his said place of governor, but has been utterly outed
and dispossessed of his lands and estate in that country, which the
inhabitants of the Massachusetts have forcibly seized and still do
detain the same from him ; That it appears as well by testimony
of witnesses as by a copy of the letters patents that they were not
to act any thing repugnant to the laws of England, nor to extend
their bounds and limits of .the said corporation farther than three
miles northward of Merrimack river, and as a memorial and evi
dence thereof, the governor of the Massachusetts did set up a house
about thirty years since, which is called the bound house, and is
known by that name to this day, and with this division and as
signment or lot of land the inhabitants and patentees of the said
corporation of the Massachusetts rested content for the space of
sixteen years together, until about the year 1652, they did enlarge
and stretch their line about threescore miles beyond their known
and settled bounds aforesaid ; and have thereby not only invaded
and encroached upon the plantations and inheritances of the peti
tioners and other your majesty's subjects, but by menaces and arm
ed forces compelled them to submit to their usurped and arbi-
rary government, which they have declared to be independent of

APPENDIX. 437
this your majesty's crown of England, and not subordinate there
unto. It appears further by the witnesses, that the colony of Massachu
setts has for these many years past endeavored to model and con
trive themselves into a free state or commonwealth without any
relation to the crown of England, assuming on themselves the
name and style of a commonwealth, issuing of writs in their own
name, imposing of oaths to be true unto themselves contrary to
that of allegiance, coining of money with their own stamps and
signatures, exercising an arbitrary power over the estates and per
sons of ail such as submit not unto their government, allowing
them no appeals to England, and some have been so bold as
publicly to affirm, that if his majesty should send them a governor,
that the several towns and churches throughout the whole country
under their government did resolve to oppose him, and others
have said that before they of New-England would or should sub
mit to any appeal to England, they would sell that country or
plantation to the king of Spain.*
That by reason of the premises the said Robert Mason and Ed-
Ward Godfrey have been damnified in their plantations and estates
to the value of five thousand pounds, according to the judgment
and estimation of several witnesses, examined in that behalf. But
by what pretence of right or authority the Massachusetts have
taken upon them to proceed and act in such manner doth not ap
pear to us.
All which we most humbly represent to your majesty in duty
and obedience to your commands, not presuming to offer any opin
ion in a business of so high importance, wherein the public inter
est and government of your majesty appears so much intermixt and
concerned with the private interest of the petitioners.
Robt. Mason, G. Sweit,
Ja. Btjnce, Richard Foxe,
Th. Exton, Jo. Mylles,
Tho. Povey.
( [Without date] in the recorder's office for Rockingham county.)

No. 17. Copy of a Commission granted by the Massachusetts Gen
eral Court in 1665, for settling the eastern parts, when disturbed
by the King's Commissioners. [Not inserted in the former editions.]
The General Court of the Massachusetts Jurisdiction in New-
England, —
To Thomas Danforth, Eleazar Lusher
and John Leverett, Esquires, —
You or any two of you are hereby fully authorized and impowered
to repair iu person to the counties of Norfolk, Pascataqua and Isle of
Shoals and York, and to call before you any or every person or per
sons that have or shall act in the disturbance or reviling of the
* Vide Hutchinson's collection papers, page 339.

438 APPENDIX.
government there settled according to his majesty's royal charter
to this colony under the broad seal of England and to proceed against
them according to their demerits and the laws here established,
and to do any act for the settling the peace of the said places by
declaration or otherwise according to your good and sound discre
tion, appointing of constables and associates for the courts, and
keeping of the same, according to the articles of agreement made
with said people of said counties respectively. And for the better
enabling you herein, all officers military and civil and all others
the inhabitants of this jurisdiction are required lo be aiding and
assisting to you for the ends aforesaid, as you shall see meet to re
quire1; and in case you shall find it more expedient you may send
for any delinquents as abovesaid, by warrant, directed to any of the
officers of this jurisdiction, or such other as you shall appoint for
the apprehending of their persons and causing them to appear be
fore you in such places as you shall appoint, where after examina
tion you shall further proceed as the matter shall require, and what
you shall do herein to make return to the next General Court, &c.

No. 18. Copy of an address of the town of Dover to the Gener
al Court of Massachusetts.
[Not inserted in the former editions.]
To the honored General Court of the Massachusetts in Boston,
these presents shew this 9th day of October, 1665,
May it please the honored Court, —
Whereas we the inhabitants of Dover have received credible
information that the inhabitants of the towns bordering upon the
river of Pascataqua have petitioned his majesty, our dread sove
reign with respect to wrongs and usurpations they sustain in the
present government, under which they reside, for an alienation to
be made among them in the government as his majesty shall please
to order the same. We thought it necessary, being orderly assem
bled in a town meeting, to clear ourselves for our own part by these
presents, from having any hand in any such petition or remon
strance ; and in case any such act hath passed, we look at it as an
unworthy misrepresentation of us the inhabitants of Dover to his
majesty, as being done without any either consent or meeting or
¦cognizance of the town or the major part thereof. Furthermore,
as it is our bounden duty, so upon this occasion we, profess the same
that God assisting, we shall continue in our faith and allegiance to
his majesty by adhering to the present government, established by
his royal charter iu the colony of the Massachusetts, being well
contented with the privileges thereof, and willing to perform what
is required of us therein according to the articles of agreement.
We beseech the Lord for his presence in the midst of you, and
his blessing upon all your public and weighty occasions, and hum-
"bly take leave.
It was voted in a public town meeting, October 10, 1665, that
the contents thereof be presented to the General Court as the

APPENDIX.

439

town's act, and that it be presented to all the rest of our neighbors
to subscribe their hands as they are willing. This is a true copy-
taken from the original, per me.
WM. POMFRET, Town Clerk.
Rich'd Waldron,
Wm. Wentworth,
[Subscribed also John Rob-erts,
by 25 others.] John Davis,

Selectmen.

No. 19. Copy of a similar address from Portsmouth.
[Not inserted in the former editions.]
To the honored General Court of the Massachusetts.
May it please you, — ¦
That whereas there was a bruit or fame of a petition drawn up
by us the inhabitants of Portsmouth and sent to his majesty ; the
contents of which is to charge the government of the Massachu
setts with usurpation upon us, and to supplicate an alteration of
governors and government that his majesty hath at present estab
lished among us, — We, the selectmen for the prudential affairs of
the said town, and sundry other inhabitants, do certify the honored
court that we are innocent and clear of any such act, and do dis
claim the same as any of our town act, and do account ourselves
abused by any that have fathered such a thing upon us.
In testimony whereof, we subscribe our names the 9th day of
October, 1665.
Richard Cutt, 1
John Cutt, [selectmen
Nath'l Fryer, f ^tectmen.
[Subscribed by 16 others.] Elias Stileman, J

No. 20. Copy of a certificate of the same matter from Rev. Samuel
Dudley, minister of Exeter.
[This certificate is inserted as a note to page 61 of thiB volume.]

No. 21. Copy of an address of the town of Portsmouth relating to
the College.
[This address was not inserted in the former editions.]
To the much honored the General Court of the Massachusetts
Colony assembled at Boston the 20th of May, 1669.
The humble address of the inhabitants of the town of Portsmouth,
humbly sheweth, —
That seeing by your means under God, we enjoy much peace
and quietness, and very worthy deeds are done to us by the favora
ble aspect of the government of this colony upon us, we accept it
always and in all places with thankfulness. And though we have
articled with yourselves for exemption from public charges, yet we

440 APPENDIX.
never articled with God and our own consciences for exemption
from gratitude, which to demonstrate while we were studying the
loud groans of the sinking college in its present low estate came
to our ears, the relieving of which we account a good work for the
house of our God, and needful for the perpetuating of knowledge
both religious and civil among us and our posterity after us, and
therefore grateful to yourselves whose care and study is to seel?
the welfare of our Israel.
The premises considered,we have made a collection in our town of
sixty pounds per annum, (and hope to make it more) which said sum
is to be paid annually for these seven years ensuing, to be improved
at the discretion of the honored overseers of the college for the be
hoof of the same, and the advancement of good literature there ;
hoping withal that the example of ourselves (which have been
accounted no people) will provoke the rest of the country to jeal
ousy ; we mean an holy emulation to appear in so good a work, and
that this honored court will in their wisdom see meet vigorously to act
for the diverting the sad omen to poor New-England. If a college
begun and comfortably upheld while we were little should sink now
we are grown great, especially after so large and profitable an har
vest that this country and other places have reaped from the same.
Your acceptance of our good meaning herein will further oblige
us to endeavor the approving ourselves to be your thankful and
humble servants. John Cutt, } In the name and behalf of the rest
Rich'd Cutt, > of the subscribers in the town
Joshua Moody, ) of Portsmouth.
The address from the inhabitants of the town of Portsmouth
was presented by Mr. Richard Cutt and Mr. Joshua Moodey, 20th
May, 1669, and gratefully accepted ; and the Governor, in the
name of the whole court, met together, returned them the thanks
of this court for their pious and liberal gift to the college herein
mentioned. Attest,— EDWARD RAWSON, Secretary,
(The four preceding papers are taken from the Mass. Records.)

No. 22. Copy of Robert Mason's Petition to the King.
To the King's most excellent majesty — The humble petition of
Robert Mason, proprietor of the province of New-Hampshire, in
New-England, sheweth,
That your majesty's royal grandfather king James, of ever bless
ed memory, did by his highness' letters patents under the great
seal of England, bearing date at Westminister, the third day of
November, in the eighteenth year of his reign, give, grant and
confirm unto several of the principal nobility and gentry of this
kingdom by the name of the council of New-England, their
suceessors and assigns forever, all the land in America lying be
tween the degrees of 40 and 48 north latitude, by the name of
New-England, to be held in fee, with many royal privileges and

APPENDIX. 441
immunities, only paying to his majesty, his heirs and successors,
one fifth part of all the ore of gold and silver that should at any
time be found upon the said lands, as by the said .letters patents
doth at large appear.
That John Mason, Esq., your petitioner's grandfather, by virtue
of several grants from the said council of New-England, under
their common seal, bearing date the 9th of March, 1621, the 10th
of August, 1622, the 7th of November, 1629, and the 22d of April,
1635, was instated in fee in a great tract of land in New-England,
by the name of New-Hampshire, lying upon the sea-coast be
tween the rivers of Naumkeak and Pascataqua, and running up
into the land westward threescore miles, with all the islands lying
within five leagues distance of any part thereof, and also the south
half of the Isles of Shoals ; and also the said John Mason, to
gether with Sir Ferdinando Gorges, knt. was enfeoffed by the a-
foresaid council of New-England in other lands by the name of
Laconia, by their deed bearing date the 27th day of November,
1629, the said lands lying and bordering upon the great lakes and
rivers of the Iroquois and other nations adjoining. All which
said lands to be held as fully, freely, in as large, ample and bene
ficial manner and form to all intents and purposes whatsoever as
the said council of New-England by virtue of his majesty's said
letters patents might or ought to hold and enjoy the same, as by
the said several grants appears.
Whereupon your petitioner's said grandfather did expend up
wards of twenty-two thousand pounds in transporting people,
building houses, forts, and magazines, furnishing them with great
store of arms of all sorts, with artillery great and small, for de^
fence and protection of his servants and tenants, with all other
necessary commodities and materials for establishing a settled
plantation. That in the year 1628, in the fourth year of the reign of your
majesty's royal father, some persons did surreptitiously and un
known to the said council, get the seal of the said council affixed
to a grant of a certain lands, whereof the greatest part were soL
emnly past unto your petitioner's grandfather and others long he-
fore, and soon after did the same persons by their subtile practices
get a confirmation of the said grant under the great seal of Eng
land, as a corporation bv the name of THE CORPORATION
OF THE MASSACHUSETTS BAY IN NEW-ENGLAND,
your majesty's royal father being unwitting thereof, and having thus
by fraud obtained a grant and confirmation, they compelled the
rightful inhabitants to desert their plantations, and by many out
rageous actions they became possessed of that part of the couutry,
declaring themselves to be a free people, framing to themselves
new laws, with new methods in religion absolutely contrary to the
laws and customs of this your majesty's realm of England, punish
ing divers that would not approve thereof, some by whipping,
others by burning their houses, and some by banishing, and the
like. At last the complaints of the oppressed subjects reaching the
58

442 APPENDIX.
ears of your royal father, his majesty caused the whole matter to
be examined before his most honorable privy council and all being
fully proved, his majesty did command the council of New-Eng
land to give an account, by what authority, or by whose procure
ment those people of the Massachusetts Bay were sent over, his
majesty conceiving the said council to be guilty thereof.
But the said council of New-England made it plainly to appear
to his majesty that they were ignorant of the whole matter and
that they had no share in the evils committed and wholly disclaim
the same, and the said council finding they had not sufficient means
to give redress and rectify what was brought to ruin, they humbly
referred it to his majesty to do therein as he pleased, and thereupon
the said council of New-EDgland resolved to resign, and did
actually resign, the great charter of New-England into his
majesty's royal hands, seeing there was an absolute necessity
for his majesty to take the management of that country to him
self, it being become a business of high consequence and only
to be remedied by his sovereign power, all which appears by
the declaration of the council of New-England dated the 25th of
April, 1635, together with the act of surrender of the great charter
of New-England dated the 7th day of June, the same year.
That immediately thereupon, his majesty in trinity term, 1635,
caused a quo warranto to be brought up by Sir John Banks, his
majesty's then attorney general, against the governor, deputy gov
ernor, and every of the assistants of the said corporation of Massa
chusetts in New-England severally, according to their names men
tioned in the said patents of incorporation, being twenty-six per
sons, whereof two being dead, of the remaining twenty-four per
sons, there did fourteen at several times appear at the king's bench
bar and there disclaimed the charter, the remaining ten persons
were outlawed, and thereupon judgment given for the king, that
the liberties and franchises of the said corporation of Massachu
setts Bay should he seized into the king's hands and the body of
the governor to be taken into custody for usurping the said liber
ties, all which appears by the rolls in the crown office, and office
of custos brevium for the king's bench of the proceedings iu the
several terms from the year 1635 to 1637.
That thereupon his said royal majesty on the 3d day of May,
1637, did order in council that the attorney general be required
to call for the said patent and present the same to the board, and
his majesty by his declaration of the 23d of July, 1637, in the 13th
year of his reign declared his royal pleasure for establishing a gen
eral government in his territory of New-England for the preven
tion of the evils that otherwise might ensue for default thereof,
thereby declaring Sir Ferdinando Gorges to be governor general
of the whole country and requiring all persons to give their obe
dience accordingly.
That the wars and troubles immediately ensuing in Scotland
and presently after here in England, did hinder his said majesty
from settling that country or prosecuting the right which he intend
ed his subjects, however the proceedings of his majesty caused

APPENDIX. 443
some restraint to the further violences aud oppressions of the said
Massachusetts, and they contained themselves for a time within
their pretended bounds, but no sooner was that king of blessed
memory, your royal father, become a sacrifice, but they renewed
their former violences by oppressing all^the;other colonies and
designing by encouragement from some in England to erect them
selves into a commonwealth, and in order to lay a foundation for
this power and dominion which they now aspired unto, they thought
it necessary to extend their bounds and spread into a larger terri
tory than as yet they had usurped, and that this work might not be
done without a mask or color of right, they do in an assembly held
at Boston, the 19th of October, 1652, seriously peruse the grant
(which had been procured as aforesaid) and therein weighing the
words, and trying what new sense they might bear more suitable
to their increase of power, they thought fit at length to declare
themselves mistaken in what they had done in the year 1631,
when they erected bound-houses and had for so many years con
fined themselves thereunto, whereas now by the help of an imag
inary line, or rather by a new reason of state, there is a sense im~
posed by themselves upon their own words, and they stretch their
rights to near two hundred miles of land northward and as much
southward more than they were satisfied withal before, swallow
ing up your majesty'!) petitioner as well as others, whose properties
were established long before the said people had any being. And
that they might give execution to this righteous sentence they
presently invade and by force of arms seize upon the province of
New-Hampshire, and other lands of right belonging to your peti
tioner, besides what they did to others, compelling the inhabit
ants to swear to be true to them and to cast off their lawful lords,
and such as refused were either ruined, banished or imprisoned,
and any appeals to England utterly denied unto them, then they
proceed to coining of money with their own impress, raising the
coin of England, and acting in all matters in a most absolute and
arbitrary way. And although your petitioner by his agent Joseph
Mason did demand redress of the general court of Massachusetts
setting at Boston in 1652, offering to make out the right and title
of your petitioner to the province of New-Hampshire and other
lands against all persons whatsoever, yet no restitution could be
obtained without a submission to their authority, and to hold the
lands from them which the petitioner then did refuse and hath al
ways refused, choosing rather to wait for more happy times where
in to expect relief than by a legal resignation of his rights to those
Who had none at all divest himself of what his ancestors had pur
chased at so dear a rate : Your petitioner having as equal a
right to the government in the said province as he hath to the land
itself, all which appears by a report made to your majesty the 15th
of February, 1661, when your petitioner first exposed to your
majesty the oppressions under which he had so long groaned, in
the evil times, and which grieves him now much more to bear
while he has the protection of so just and gracious a sovereign to
resort to.

444 APPENDIX.
Wherefore your petitioner most humbly implores your majesty
to take notice, that (by a plain discovery of what fraud in the be
ginning and the length of troubled times has helped to conceal)
the Bostoners have no patent of incorporation at all, that yet they
have undercolor of right and authority from the crown devoured
your petitioner aud other proprietors whose titles are by your maj
esty's learned council allowed as strong as the law can make them.
That all ways have been tried and methods used to obtain jus
tice from the Bostoners, but all have proved ineffectual, that your
petitioner's losses have been so many and great, and his sufferings
so continued, that he cannot any longer support the burthen of
them. And when your majesty will but consider how small the
respect has been wherewith those people have treated your majes
ty since your happy restoration, and what daily breaches are by
them made upon your majesty's acts of navigation, which turns so
greatly to the detriment of this kingdom in general, these losses
and sufferings of a particular subject cannot much be questioned,
so that your petitioner humbly hopes that your majesty will think
it high time to stretch forth your royal hand of justice to assist
your petitioner, that he may have the quiet possession of his prov
ince, and reparation made him for the losses sustained, in such
ways and methods as the importance of the case requiresj and your
majesty in your royal wisdom shall think most fit.
And your petitioner shall ever pray.
ROBT. MASON.
(From a copy in the possession of the Masonian proprietors.)

No. 23. Copy of the answer of Massachusetts to Mason's and Gor
ges' complaints.
A brief declaration of the right and claim of the governor and com
pany of the Massachusetts Bay in New-England, to the lands
now in their possession, hut pretended to by Gorges and Mr.
Mason, together with an answer to their several pleas and com
plaints in their petitions exhibited : Humbly presented and
submitted by the said governor and company to the king's most
excellent majesty, as their defence.
In the year of our Lord 1628, in the third year of his late maj
esty Charles the First, of happy memory, several loyal and piously
disposed gentlemen obtained of the great council of New-England,
a grant of a certain tract ef land lying in New-England, described
and bounded as therein expressed ; which was in all respects fair
ly and openly procured and with so good an intent of propagating
the gospel among the natives, and to advance the honor and dig
nity of his late majesty, of happy memory, that they were bold to
supplicate his said majesty to superadd his royal confirmation
thereto, which accordingly in an ample royal «harter was passed
and remains under the broad seal of England, March the 4th, 1629,
in the fourth year of his majesty's reign, with further additions and
enlargements well becoming so royal a majesty, and suitable for

Appendix. 445
the encouragement of so hazardous and chargeable an adventure.
In pursuance whereof many of the said patentees and other ad
venturers transported themselves and estates, and settled in the
most kuown and accommodable parts of those lands contained in
the said charter, neither time, estate, nor power suffering them spee^
dily to survey the just extent of their limits. Not many years dif
ferent in time, several others also of his majesty's subjects obtained
other grants, and made several settlements in the more northern
and eastern parts of the country j with whom for several years we
had neighborly 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 dark involved and dubious
expression of their limits, brought the inhabitants under many en
tanglements and dissatisfactions among themselves, which there
being no settled authority to be applied to, being deserted and for
saken of all such as by virtue of said grants did claim jurisdiction
over them and had made a successless essay for the settlement of
government amoug them proved of some continuance, unto the
great disquiet and disturbance of those his majesty's subjects that
were peaceable and well disposed amongst them; to remedy which
inconvenience they betook themselves to the way of combinations
for government, but by experience found it ineffectual. In this
time ignorance of the northerly ruuning of Merrimack river, hin
dered our actual claim and extention of government, yet at length
being more fully settled, and having obtained further acquaintance
and correspondency with the Indians possessing the uppermost
parts of that river, encouraging an adventure, as also frequent solic
itations from the most considerable inhabitants of those eastern
parts, earnestly desiring us to make proof of, and ascertain our in
terest, we employed the most approved artists that could be obtain
ed, who upon their solemn oaths made returns, that upon their
certain observation our northern patent line did extend so farnorth
as to take in all those towns and places which we now possess ;
which when the inhabitants as well as ourselves were satisfied in,
(urged also with the necessity of government amongst them) they
peaceably and voluntarily submitted to the government of the Mas
sachusetts, (viz.) Dover, Squamscot and Portsmouth, anno 1641,
Kittery, York and Wells, anno 1652 and 1653, from which times
until the year 1662, when there was a small interruption by a let
ter of Mr. Gorges, and afterwards in the year 1665, (when his
majesty's commissioners, Colonel Nicolls and others, came over)
the inhabitants of those parts lived well satisfied and uninterrup
ted under the Massachusetts government. But when the said
commissioners neither regarding the Massachusetts' just right nor
the claims of Mr. Gorges and Mr. Mason, settled a new form of
government there, but this hardly outlived their departure, the
people impatient of innovations;, and well experienced and satisfi
ed in their former settlement, quickly and quietly returned to order
again and so continue unto this time. This is in a few words the
true state of the matter; for the further illustration whereof and

446 APPENDIX.
justification of our proceediugs therein, and vindication of ourselves
from the reproachful imputation of usurping authority over his
majesty's subjects in the pastern parts pretended to, with other
scandals cast upon us by the petitioners, we humbly present the
following pleas by way of demonstration, and argue that our ex
tension of government to those eastern parts claimed is agreeable
to our indubitable patent right; our patent according to the ex
press term therein contained without any ambiguity or color of
other interpretation, lies between two east and west parallel lines
drawn from the most southerly part of Charles river and the most
northerly part of Merrimack, with three niiles advantage upon each,
which upon the observation of men of approved aud undoubted
truth upon oath, are found distant one degree and forty-nine min
utes north latitude, being to extend in full latitude and breadth
from sea to sea (ut in terminis) and therefore cannot be bounded
by many hundreds or iufinite numbers of lines, as the river Merri
mack maketh bends or angles in two hundred miles passage from
Winnipiseogee lake to the mouth thereof, which to imagine, as it
is irrational, so would it involve us and any borderer into so many
inextricable disputes as are by no ways to be admitted by a prince
seeking his subjects' peace. Besides were such a construction
allowable, (which with uttermost straining is) yet all favorable in
terpretation is to be offered the patentees by the gracious expres
sion of the charter. Now according to the aforementioned obser
vation, (so confirmed) all those eastern plantations challenged by
our opponents (ut supra) are comprehended within our northerly
line. We deny not but the artists of theirselves, and if any ques
tion thence arise, we fear not to submit to trial to the most exact
and rigorous test that may be. The invincible strength of this
our first plea, may further appear by the consideration of the friv
olous and insignificant allegations of the petitioners -in opposition
thereunto, viz. 1st. The nonextension of our line or assertion of
our right to those eastern parts for some years, ignorance, as our
case was circumstanced, debarring no man of his just right, neither
can it reasonably be supposed that the exact survey of so large a
grant, ia so hideous a wilderness, possessed by an enemy, would
be the work of a few years, our own poverty not affording means,
and our weakness (allowing no deep adventure into the country)
permitting us not to view the favorable running of the river, which
none can imagine altered its course by our delay ; we may as well
be deprived of far more than we possess or ever saw on our west
ern parts to the south sea (which none will deny) because we
have not surveyed it or are soon like to be able, as be taken from
our northern right so obvious to the meanest artist.
2dly. The possession-house iu Hampton of so little signification
and so long since disused, that Mr. Mason hath forgot the name
thereof and calleth it Bound-house, erected to give the world to
know that we claimed considerably to the northward of our then
habitations upon the bay, though we did not know the utmost ex
tent of our right, our fathers not being so ignorant of the law of
the realm to which they did appertain as to suppose the: taking

APPENDIX. 447
possession of part did debar them of the remainder but the con
trary ; and we challenge Mr. Mason or any on his behalf, promis
ing our records shall be open to the most scrutinous search to
prove it, either called or intended according to his abuse thereof.
3dly. That notorious falsehood of stretching our right to near
four hundred miles north and south more than formerly we were
satisfied with, our whole breadth being but one hundred and nine
miles which is not much more than a quarter part of what he
would have the world believe our new claim and (as he would
insinuate) usurped territory doth contain, arising (we would char
itably believe) partly from ignorance of the coasting of the coun
try, Mr. Mason accounting by the sea-side, and we suppose coast
ing in the measure of every harbour aud cove to make up that cal
culation, which lies much of it due east and not to the north,
but we fear malevolently suggested (as many other things as of
little credit) to introduce into his majesty's royal breast a belief that
we are unreasonable in ourpretensions, and so unworthy of his maj-.
esty's favor, which we hope such unlawful endeavours will never
be so prosperous as to obtain. What may be further added to
this our first plea, may be supplied from the reasons formerly pre
sented. We urge secondly, The invalidity of those grants pre
tended to by the petitioners, which are of two sorts ; 1st. Such
as bear date after ours, which we see no reason to fear any inter
ruption from. Secondly, Such as are pretended to bear date be
fore ours, against which we object that they are not authentic,
wanting a sufficient number of grantors to make them so, none of
them as we presume will appear upon trial having above six hands
and seals annexed to them, the said council of New-England con
sisting of forty, and his majesty's grant to them expressly requir
ing (as we are informed) seven at the least to sign to make any
valid act ; and indeed Mr. Mason's own often unwearied renewal
of his grants in 1621, sixteen hundred twenty-two, sixteen hun
dred twenty-nine and 1635, (as he saith) tacitly confesseth the
same invalidity, in the former putting him to charge for the latter,
till at last he fell into such a trade of obtaining grants that his last
and most considerable was six years after the grant of our charter
from his majestv, and but three days before the said council's
declaration of their absolute resolution to resign, and but a few
days before their actual surrender, as he asserts ; which of what
value and consideration it is from the said council's circumstanced
under a necessity of resignation of their great charter, procured
rather by the clamor of such ill affected persons as the present
complaint than by any true account of dissettlement or ill man
agement here, is not difficult to judge. Hence it appears, first,
how little reason Mr. Mason hath to brand us with fraud or sur-
reptitiousness in obtaining our charter; which hath most show of
fraud and surreptitious procuration, a sufficient number of those
honorable persons subscribing ours and fewer his pretended anteda
ted grants, is easy to determine. In which assertion is to be ob^
served the high reflection cast upon the members of his late ma
jesty and ministers of state, groundlessly rendering the council's

448 APPENDIX.
seal, yea the great seal of England, exposed to fraud and deceits
ful clandestine practices; yea upon his preseut majesty, insinuat
ing himself better acquainted with matters of state than he who
allows and csnfirms our grant as authentic by his gracious letter
of sixteen hundred sixty-two, which intolerable boldness how
unbecoming (not to say more) in a subject, it is not easy for us
to say. To all which we may add Sir Ferdinando Gorges' appli
cation to the authority here to interpose in his affair, which he,
being one of the great council, would have been far from ac
knowledging, 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 were their dis
burse as great as it is affirmed, which by eye witnesses upon the
place and still living are proved comparatively very inconsiderable.
3dly. We affirm that the whole management of the affair re
specting our government of those eastern parts was in an orderly
and peaceable way, and not without the reiterated and earnest so
licitation of most of the people there inhabiting, sufficiently ap
pearing by their several petitions ; and we challenge Mr, Gorges
and Mr. Mason by any living evidence or record to shew any sign
of a'forcible entrance : Some magistrates upon the clearing of our
right to them and acceptance of the tender of themselves to us,
being sent thither without any other force than each of them a ser
vant to attend them. Indeed some years after Capt. Bonython for
mutinous carriage was seized and brought to justice ; concerning
which and many other cases many inhabitants yet living and eye
witnesses cau give the most impartial evidence.
4thly. We offer to consideration that the deserted and ungov-
erned state of the people of those places had we not had that pa
tent right so clearly evinced, might warrant our actions ; especial
ly considering the obligation upon us to secure his majesty's hon-
,our and maintain the public peace, so hazarded by the total want
of government amongst them. Our first exercise of jurisdiction
being in the year 1641, eight years after Capt. Neal, agent for
Mr. Mason, had wholly deserted the improvement of land and
the government of the country, which indeed he never used but
one year, for in the year 1630 he first came over, and in the year
1634 he quitted the place ; and in the interim, neglected the same
in making a voyage for England, the short time of his tarriance
not admitting of settlement of government or improvement. We
may hereto subjoin that Mr. Joseph Mason, agent for Mrs. Anne
Mason, when here and all things were fresh in memory, made no
demand contrary to what is affirmed, but petitioned our justice
against his debtors there and elsewhere, and that Sir Ferdinando
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 care of his pretended province upon the authori
ty here established. Lastly, That the exercise of jurisdiction in
those eastern parts hath been and is his majesty's honour, the peo-

APPENDIX. 449
pie's great benefit, and our chaige without profit, which had it not
been, the. ruin of those parts would have unavoidably ensued in
the want of all government, and their seizure by the French, who
ever waited a fit opportunity for the same. They have part of
them for thirty-five years and others twenty years (some smoll
interruption intervening producing the stronger inclination aud re
solution in them to be constant to his majesty's authority here, liv
ed under the government of the Massachusetts a quiet, well ord
ered and thriving people. And as for any complaint from ill af
fected persons, it is well known that the best and wisest govern
ment is not without disquiet from some such ; and no wonder if
silly people are soon affected with such fair glossing promises as
Mr. Mason hath made and published, as it were determining the
case before trial by his late letters to the inhabitants iu 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 public treasury, though much hath been and is
further like to be expended for their security, who otherwise will
inevitably become an easy prey to the heathen, now in hostility
with us, and at this present time raging in those parts.
The before written, is a true copy transcribed from the records
of the general court of the late colony of the Massachusetts
Bay, held by the governor and company of the said colony, at
Boston, the 6th of September, 1676.
Examd. per ISA. ADDINGTON, Sec'y.

No. 24. Copy of the Report of the Lords Chief Justices, and the
King's confirmation thereof.
At the Court at Whitehall, July 20, 1677.
(L. S.) Present the King's most excellent majesty.
Lord Chancellor, Earl of Craven,
Lord Treasurer, Lord Bishop of London,
Lord Privy Seal, Lord Maynard,
Duke of Ormond, Lord Berkley,
Marquis of Worcester, Mr. Vice Chamberlain,
Lord Chamberlain, Mr. Secretary Coventry,
Earl of Northampton, Mr. Secretary Williamson,
Earl of Peterborough, Mr. Chancellor of the Exche-
Earl of Stratford, quer,
Earl of Sunderland, Master of Ordnance,
Earl of Bath, Mr. Speaker.
Whereas the right honorable the lords of the committee for trade
and plantations, did, in pursuance of an order of the 7th of Febru
ary last, make report to the board, of the matters in controversy,
between the corporation of the Massachusetts Bay, in NewrEng-
land, and Mr. Mason and Mr. Gorges, touching the right of the
soil and government, claimed by the said parties in certain lands
there, by virtue of several grants from his majesty's royal father and
grandfather, as foWoweth, in these words,
59

450 APPENDIX.
May it please your majesty, — Having received your majesty's
order in council, of the 7th of February last past, whereby we are
directed to enter into the examination of the bounds and limits,
which the corporation of the Massachusetts Bay, in New-England,
on the one hand, and Mr. Mason and Mr. Gorges on the other, do
pretend by their several grants and patents to have been assigned
unto them, as also to examine the patents and charters which are
insisted on by either side, in order to find out and settle how far
the rights of soil and government do belong unto any of them. In
consideration whereof, the lords chief justices of your majesty's
courts of king's bench and common pleas, were appointed to give
us their assistance, we did, on the 5th of April last, together with
the said lords chief justices, meet in obedience to your majesty's
commands, and having heard both parties by their counsel, learned
in the law, we did recommend unto their lordships to receive a
state of the claims made by both parties, and to return their opin
ions upon the whole matter unto us, which their lordships have
accordingly performed, in the words following :
In obedience to your lordships' order, we appointed a day for the
hearing of all parties, and considering the matters referred, having
received from them such papers of their cases as they were pleas
ed to deliver ; at which time all parties appearing, the respondents
did disclaim title to the lands claimed by the petitioners, and it
appeared to us that the said lands are in the possession of several
other persons, not before us, whereupon we thought not fit to ex
amine any claims to the said lands, it being (in our opiniou) im
proper to judge of any title of laud, without hearing of the ter ten
ants, or some other persons on their behalf; and if there be any
course of justice upon the place, having jurisdiction, we esteem it
most proper to direct the parties to have recourse thither, for the
decision of any question of property, until it shall appear that there
is just cause of complaint, against the courts of justice there, for
injustice or grievance.
We did, in the presence of said parties, examine their several
claims to the government, and the petitioners having waived the
pretence of a grant of government from the council of Plymouth,
wherein they were convinced, by their own counsel, that no such
power or jurisdiction could be transferred or assigned by any color
of law ; the question was reduced to the province of Maine, where
to the petitioner, Gorges, -made his title, by a grant from king
Charles the First, in the 15th year of his reign, made to Sir Fer
dinando Gorges, and his heirs, of the province of Maine and the
government thereof. In answer to this, the respondents alleged,
that long before, viz. in quarto Caroli primi, the government was
granted to them, and produced copies of letters patents, wherein
it is recited, that the council of Plymouth, having granted to cer
tain persons a territory thus described, viz. " all that part of New-
" England in America, which lies and extends between a great
" river that is commonly called Monomack alias Merrimack, and a
" certain other river there, called Charles river, being in the bot-
" torn of a certain bay there, called the Massachusetts,,bay, and

APPENDIX.

461

" also all and singular the lands and hereditaments whatsoever,
" lying and being within the space of three English miles on the
" south part of the said Charles river, or any or every part thereof;
" and also all and singular the lands and hereditaments whatsoev-
" er, lying and being within the space of three English miles to
" the southermost part of the said bay, called Massachusetts bay ;
" and all those lands and hereditaments whatsoever, which [lie']
" within the space of three English miles to the northward of the
" said river, called Monomack alias Merrimack, or the northward
" of any and every part thereof, and all lands and hereditaments
" whatsoever, lying within the limits aforesaid, north and south in
" latitude and breadth, and in length aDd longitude of and within
" all the breadth aforesaid, throughout the main lands there, from
" the Atlantic and western sea and ocean on the east part, to the
" south sea on the west." By the said letters patents, the king
confirmed that grant, made them a corporation, and gave them
power to make laws for the governing of the lands and the people
therein. To which it was replied, that the patent of 4° Caroli. Imi
is invalid. 1. Because there was a precedent grant 18o Jacobi, of
the same thing, then in being, which patent was surrendered af
terwards, and before the date of the other 15o Car. lmi. 2. The
grant of the government can extend no farther than the ownership
of the soil, the boundaries of which, as recited in that patent, whol
ly excludes the province of Maine, which lies northward more
than three miles beyond the river Merrimack.
We having considered these matters, do humbly conceive as to
the first matter, that the patent of 4° Caroli lmi is good, notwith
standing the grant made in the 18° Jac : for it appeared to us by
the recital in the patent 4° Caroli lmithatthe council of Plymouth
had granted away all their interest in the lands the year before,
and it must be presumed they then deserted the government;
whereupon it was lawful and necessary for the king to establish
a suitable frame of government, according to his royal wisdom,
which was done by that patent, 4° Caroli 1™ making the adventur
ers a corporation upon the place. As to the second matter it
seems to us to be very clear that the grant of the government
4° Caroli lmi extends no farther than the boundaries expressed in
the patent, and those boundaries cannot be construed to extend
further northwards along the river Merrimack than three English
miles, for the north and south bounds of the lands granted so far
as the river extends, are to follow the course of the river, which
make the breadth of the grant, the words describing the length to
comprehend all the lands from the Atlantic ocean, to the South
sea, of, and in all the breadth aforesaid, do not warrant the over
reaching those bounds by imaginary lines or bounds, other expo
sition, would (in our humble opinion) be unreasonable and against
the interest of the grant. The words ' of, and in all the breadth
aforesaid,' shew, that the breadth was not intended an imaginary
line of breadth, laid upon the broadest part, but the breadth re
specting the continuance of the boundaries by the river, as far as
the rivers go, but when the known boundary of breadth determine*

452 APPENDIX.
it must be carried on by imaginary lines to the South sea. And
if the province of Maine, lies more northerly than three English
miles from the river Merrimack, the patent of 4° Caroli 1™' give9
no right to govern there, aud thereupon the patent of the same
15° Car. lmi to the petitioner Gorges, will be valid. So that upon
the whole matter, we are humbly of opinion, as to the power of
government, that the respondents, the Massachusetts and their
successors, by their patent of 4° martis 4° Caroli lmi have sueh
right of government as is granted them by the same patent withiu
the boundaries of their land expressed therein, according to such
description and exposition, as we have thereof made as aforesaid,
and the petitioner, Sir Ferdinando Gorges, his heirs and assigns, by
the patent 3d April, have such right of government, as is granted
them by the same patent, within (the territory) called the province
of Maine, according to the boundaries of the same expressed ia
the same patent. RI. RAINSFORD,
FRA: NORTH.
All which being the opinion of the lords chief justices, and fully
agreeing with what we have to report unto your majesty upon the
whole matter referred unto us by the said order, we humbly sub
mit the determination thereof unto your majesty.
Anglesey, Craven, J. Williamson,
Ormond, H. London, Tho. Chickley,
Bath, G. Carteret, Edw. Seymour.
Which having been read at the board the 18th instant, it was
then ordered that the said Mr. Mason and Mr. Gorges, as also that
the agents of the corporation of the Massachusetts Bay, should
be this day heard upon the said report, if they had any objections
to make thereunto. In pursuance whereof, all parties attending
with their counsel, who not alleging any thing so material as to
prevail with his majesty and the board to differ 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 acquiesce
therein, and contribute what lies in them to the punctual and due
performance of the said report, as there shall be occasion.
JOHN NICHOLAS.
(The above paper, of which7 the copy is attested by Edward Rawson, secre
tary of Massachusetts, and John Penhallow, clerk of the superior court of
New-Hampshire, is in the files of the said superior court, and in the Mason
ian proprietary office.)

No. 25. Copy of that part of President Outt's commission, in which
the claim of Robert Mason u recited.
" And whereas the inhabitants of said province of New-Hamp
shire, have many of them been long in possession of several quan
tities of lands, and are said to have made considerable improve
ments thereupon, having no other title for the same than what has
been derived from the government of the Massachusetts Bay,
virtue of their imaginary line ; which title, as it hath by the o-
pinion of our judges in England been altogether set aside, so the

APPENDIX. 453
agents from the said colony have consequently disowned any right,.
either in the soil or government thereof, from the three mile line
aforesaid ; and it appearing to us, that the aucestors of Robert
Mason, Esq. obtained grants from our great council of Plymouth,
for the tract of land aforesaid, and were at very great expense
upon the same, until molested and finally driven out, which hath
occasioned a lasting complaint for justice, by the said Robert Ma-
sou, ever since our restoration. However, to prevent in this case
any unreasonable demands which might be made by the said Rob
ert Mason, for the right he claimeth in the said soil, we have obliged
the said Robert Mason under his hand and seal, to declare that he
will demand nothing for the time past, until the 24th of June last
past, nor molest any in their possession for the time to come, but
will make out titles to them and their heirs forever, provided they
will pay to him upon a fair agreement in lieu of all other rents,
sixpence in the pound, according to the just aud true yearly value
of all houses built by them, and of all lands, whether gardens, or
chards, arable, or pasture, which have been improved by them,
which he will agree shall be bounded out unto every of the parties
concerned, and that the residue may remain uuto himself to be dis
posed of, for his best advantage.
" But if, notwithstanding this overture from the said Robert
Mason, which seemeth to be fair unto us, any of the inhabitants
of the said province of New-Hampshire, shall refuse to agree
with the agents of said Robert Mason 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 are
hereby impowered to interpose and reconcile all diff'erency, if they
can, that shall or may arise between the said Robert Mason and
the said inhabitants, but if they cannot, then we do hereby com
mand and require the said president and council to send into Eng
land such cases, fairly aud impartially stated, together with their
own opinions upon such cases, that we, our heirs and successors,
by and with the advice of our and their privy council, may deter
mine therein according to equity."
(The same mutatis mutandis is inserted in Cranfield's commission.)

No. 26. The General Laws and Liberties of the Province of New-
Hampshire.
[Not inserted in the former editions.]
The general laws and liberties of the province of New-Hamp
shire, made by the General Assembly, in Portsmouth, the 16th of
March, 1679-80, and approved by the President and Council.
Forasmuch as it hath pleased our sovereign lord, the king, out
of his princely grace and favor to take us, the inhabitants of New-
Hampshire, into Ms immediate government and protection the
which, as we are ever bound to acknowledge with great thankful
ness so we have great reason to hope and believe that his majesty
will 'still continue to countenance aud eucourage us with the enjoy-

454 APPENDIX.
ment of such liberties, immunities and pp'ties [properties] as be
long to free born Englishmen.
And whereas, his majesty hath been pleased by his letters pa
tents, sent to us to confer such power upon the General Assembly
as to make such laws and ordinances as may best suit with the
good government aud quiet settlement of his majesty's subjects
within this province : —
It is therefore ordered and enacted, by this General Assembly
and the authority thereof, That no act, imposition, law, or ordin
ance be made or imposed upon us, but such as shall be made by the
said assembly, and approved by the president and council from
time to time ; arid, that justice and right be equally arid impartial
ly administered unto all, not sold, denied or causelessly deferred
unto any.
9 Hen. 3. Ch. 29.— Stat. 2. Edw'd 3. Ch. 8.— Stat. 5. Edw'd
3— 9.— Stat. 14. Edw'd 28.— Edw'd 3, 3.— Stat. 11. R. 2—10—
17 Caro. 1—10.
CAPITAL LAWS.
1. It is enacted by this assembly and the authority thereof,
That if any person having had the knowledge of the true God,
openly and manifestly have or worship any other God but the
Lord God, he shall be put to death. Ex. 22. 20. Deut. 13. 6 and 10.
2. If any person within this province, professing the true God,
shall wittingly and willingly presume to blaspheme the holy name
of God, Father, Son or Holy Ghost, with direct, express, presump
tuous or high-handed blasphemy, either by wilful or obstinate, de
nying the true God, or his creation or government of the world, or
shall curse God, Father, Son or Holy Ghost — such person shall be
put to death. Levit. 24. 15, 16.
3. Treason against the person of our sovereign, the King, the
state and commonwealth of England, shall be punished with death.
4. If any man conspire and attempt any invasion or insurrec
tion, or public rebellion against this his majesty's proving, or shall
endeavor to surprise any town or towns, fort or forts therein, or
shall treacherously or perfidiously attempt the alteration or subver
sion of the fundamental frame of this government according to his
majesty's constitution by his letters patents, every such person
shall be put to death or otherwise grievously punished.
5. If any person shall commit wilful murder by killing any
man, woman or child, upon premeditated malice, hatred or cruelty,
not in a way of necessary and just defence, nor by casualty against
his will, he shall be put to death.
6. If any person slayeth another person suddenly in his anger
and cruelty of passion, he shall be put to death.
7. If any person shall slay another through guile either by
poisoning or other such devilish practice, he shall be put to death.
8. If any christian, so called, be a witch, that is, hath or con-
sulteth with a familiar spirit, he or they shall be put to death.
9 If any p erson lie with a beast or brute creature by carnal
eopulation, they shall surely be put to death, and the beast shall
be slain and buried, and not eaten.

APPENDIX. 455
10. If any man lieth with mankind as he lieth with a woman,
both of them hath committed abomination, they both shall surely
be put to death, unless the one party were forced or be under four
teen years of age, and all other Sodomitical filthiness shall be se
verely punished according to the nature of it.
11, If any person rise up by false witness wittingly and of pur
pose to take away a man's life, he shall be put to death.
12. If any man stealeth mankind, he shall be put to death or
otherwise grievously punished.
13. If any child or children, above sixteen years old and of
competent understanding, shall curse or smite their natural father
or mother, he or they shall be put to death, unless it can be suffi
ciently testified, that the parents have been very unchristianly neg
ligent in the education of such children, or so provoked them by
extreme and cruel correction, that they have been forced thereun
to to preserve themselves from death or maiming.
14. If a man have a rebellious or stubborn son, of sufficient
years and understanding, viz. — sixteen years of age or upward,
which shall not obey the voice of his father or the voice of his
mother, that when they have chastened him will not hearken unto
them, then shall his father and mother, being his natural parents,
bring him before the magistrates assembled in court, and testify
unto them, that their son is rebellious and stubborn, and will not
obey their voice and chastisement, but lives in sundry notorious
crimes, such a son shall be put to death or otherwise severely pun
ished. 15. If any man shall ravish a maid or women, by committing
carnal copulation with her that is above ten years of age, or if she
were under ten years of age, though her will was gained by him,
he shall be punished with death or some other grievous punish
ment, as the fact may be circumstanced.
16. Whosoever shall wilfully, or on purpose, burn any house,
ship or barque, or any other vessel of considerable value, sueh
person shall be put to death or otherwise grievously punished, as
the case may be circumstanced.
(The two preceding papers are in the first book of MS. Laws of New-
Hampshire.)

No. 27. Address of the General Court of New-Hampshire to the
King.
To his most excellent majesty, Charles the 2d, by the grace of
God, of England, Scotland, France and Ireland, king, defender
of the faith, &c. :
The humble address and petition of the President and Council of
his majesty's province of New-Hampshire, in New-England,
humbly sheweth, —
That, it having pleased your most excellent majesty to separate
us; the inhabitants of this province, from that shadow of your maj
esty's authority and government under which we had long found

456 APPENDIX.
protection, especially in the late war with the barbarous natives,
who (this divine protection) proved a heavy scourge to us, and
had certainly been the ruin of these poor weak plantations, (being
few in number, and otherwise under great disadvantages,) if our
brethren and neighbors had not, out of pity and compassion, stretch
ed forth their helping hand, and with their blood and treasure de
fended us, our lives and estates ; nevertheless, upon the receipt of
your majesty's pleasure, delivered by Edward Randolph, Esquire,
upon the first of January last, directing unto and commanding the
erecting of a new government in and over these four towns, (the
governmeut of the Massachusetts yielding readier obedience to
your majesty's commands with reference to our relation formerly
to them,) although deeply sensible of the disadvantages likely to
accrue to your majesty's provinces aud ourselves, more especially
by the multiplying of small and weak governments, unfit either for
offence or defence, (the union of these neighbor colonies hav
ing been more than a little instrumental in our preservation.)
We have taken the oaths prescribed us by your majesty, and ad
ministered to your subjects of these four towns the oath of alle
giance, and convened a general assembly for regulating the com
mon affairs of the people and making of such laws as may he of
more peculiar use to ourselves, having special regard to the acts
for trade and navigation set forth in the book of rates commonly
printed and sold, and if some obstruction occasioned by such as make
greater pretences of your majesty's favour and authority had not hin
dered we might have brought matters to a greater maturity, jet
hope to perfect something by the first opportunity of shipping
from hence, but feared it might be too long to defer our humble
acknowledgment of your majesty's grace and favor, in committing
the power into such hands as it pleased your majesty to nominate,
not imposing strangers upon us, and it much comforts us against
any pretended claimers to our soil, or any malevolent spirits, which
may misrepresent us (as they have done others) unto your majes
ty or honorable council, while, beside the known laws of the
realm, and the undoubted right of English men, we have the fa
vor of a gracious prince to fly to. We do therefore most hum
bly beg the continuance of your majesty's royal favor and protec
tion, without which, we are daily liable to disturbance if not ruin,
And, as in duty bound, we shall humbly pray, &c,
March 29, 1680.

No. 28. Address of the same to the same.
To the king's most excellent majesty, —
We, the president and council of your province of New-Hamp
shire, having (according to the royal pleasure) given an account
of our allegiance and observance of your commission, by Mr,
Jowles, in March last, and therefore shall not give you the trouble
of repetition. According to your majesty's command, we have
with our general assembly, been considering of such laws and or-

APPENDIX. 457
ders, as do by divine favor, preserve the peace, and are to the sat
isfaction of your majesty's good subjects here, in all which, we
have had a special regard to the statute book your majesty was
pleased to honor us with, for vvhich, together with the seal of your
province, we return most humble and hearty thanks ; but such
has been the hurry of our necessary occasions, and such is the
shortness of the summer, (the only season to prepare for a long
winter,) that we have not been capable of sitting so long, as to
frame and finish aught that we judge worthy to be presented to
your royal view, but shall, as in duty bound, give as speedy a de
spatch to the affair as we may. In the mean time, your subjects
are at quiet under the shadow of your gracious protection, fearing
no disturbance, unless by some pretended claimers to our soil, whom
we trust your majesty's clemency and equity will guard us from
injury by ; and, considering the purchase of our lands from the hea
then, the natural proprietors thereof, and our long quiet possession,
not interrupted by any legal claim, our defence of it against the bar
barous adversary, by our lives and estates, we are encouraged, that we
shall be ?naintained in our free enjoyment of the same, without being
tenants to those who can show no such title thereunto. Further, we do
gratefully acknowledge the mark of your princely favor in sending
us your royal effigies aud imperial arms, and lament, when we
think that they are, through the loss of the ship, miscarried by
the way. And, seeing your majesty is graciously pleased to li
cense us to crave what may conduce to the better promoting of our
weal and your majesty's authority, we would humbly suggest,
whether the allowante of appeals, mentioned in the commission, may
not prove a great occasion, by means of malignant spirits, for the ob
structing of justice among us. There are also sundry other things
thata little time and experience may more evidently discover a great
convenience in, which, upon the continuance of the same liberty
from your majesty, we shall with like humility present. Thus
Craving a favorable construction of what is above suggested, and
praying for your majesty's long and prosperous reign, begging also
the continuance of your majesty's favor, out of which, if any of
our adversaries, under a pretence of loyalty or zeal for your majes
ty's interest, should endeavor to eject us, we hope, upon liberty
granted us, to speak for ourselves, we shall abundantly demon
strate that we do truly and sincerely subscribe,
Your majesty's most loyal and dutiful subjects.
JOHN CUTT, President,
with the consent of the council.
Portsmouth, in the Province of
New-Hampshire, June 11, 1680.

No. 29. Copy of the Mandamus by which Robert Mason, Esq., was
admitted to a seat in the council, December 30, 1680.
Trusty and well beloved, we greet you well.
Whereas, we have thought it fit to take into our special care and
protection our province of New-Hampshire, and provide for its
60

458 APPENDIX.
prosperity and good government, and the settlement of the estates
and possessions of our good subjects there : And that for the avoid
ing any suits or contentions in matters of title, and the determining
any demands, which might be made by our well beloved subject,
Robert Mason, Esq., as proprietor under us, of that province, by
virtue of a grant derived from our royal grandfather, king James,
under the great seal of England :* We have so composed all mat
ters with him, that for the time past, until the 24th day of June,
1679, he shall not claim or demand any rent, dues, or arrears,
whatsoever ; And for the future, he, his heirs or assigns, shall re
ceive only six pence in the pound yearly of every tenant, by way
of quit rent, according to the true and just yearly value of what is
improved by any of the inhabitants ; as is more fully expressed in
our commission under our great seal, bearing date, the 18th day of
September, in the 31st year of our reign. - And whereas, the said
Robert Mason hath humbly signified to us, that he is preparing to
transport himself, for the taking care of his affairs and interest in
the said province, and for the giving a secure and legal confirma
tion of the estates of such persons as are now in possession, but
without any right or legal title to the same. And he being a person
whom we have esteemed useful to our service, as he is chiefly
concerned in the welfare of that our province ; we have further
thought fit to constitute and appoint him to be one of our council
therein, and we do hereby order and require you, our president
and council, that immediately after his arrival, you do admit him
one of our council of our province of New-Hampshire, he first
taking the oaths mentioned in our said commission. And we do
further require you and him, that you do betake yourselves to such
discreet and equitable ways and methods in your proceedings,
agreements and settlements for the future, that there may be no
occasion of complaint to our royal person and authority here. We
being resolved to discountenance all such as shall wilfully or un
necessarily avoid or delay your submitting to those determinations
which may be reasonably decreed according to justice and good
conscience. Which you are to signify to all our good subjects
within our said province, that they may govern themselves accord
ingly. And so we bid you heartily farewell. Given at our court,
at New-Market, the first day of October, 1680, in the two and
thirtieth year of our reign. By his majesty's command,
SUNDERLAND.
To our trusty and well beloved, the president and council )
of our provinee of New-Hampshire, in New-England. \

No. 30. The order of the Council and General Assembly, for a Fast,
made in March, 1681, and published under the seal of the Prov
ince. [Not inserted in the former editions.]
Upon serious consideration of the manifold sinful provocations
among us, as of the sundry tokens of divine displeasure evident to
* This must mean the charter to the council of Plymouth.

APPENDIX. 459
us, both in the present dangerous sickness of the honorable presi
dent of the council for New-Hampshire, in the continuance of
whose life is wrapt up much blessing, whose death may occasion
much trouble; as also in respect of that awful portentous blazing
star, usually foreboding sore calamity to the beholders thereof;
and in regard of the great need that we have of more than ordinary
presence of Almighty God with us, in our necessary applications to
his royal majesty, our sovereign lord the king ; as also having a
real sympathy with the great thoughts of heart in our brethren and
neighbors, as they are circumstanced ; ever seriously and loyally
imploring the divine favor for the continuance of his majesty's life
and prosperous reign, as the protection of God's cause and church
against the popish party throughout the world ; humbly craving
covenant mercy to be continued to us, and ours after us in their
generations, as also God's crowning the several seasons of the year
with suitable goodness : The council and general assembly for
the province of New-Hampshire, have appointed the next Thurs
day, being the 17th day of this instant March, a day of public fast
ing and prayer, to be solemnly kept by all the inhabitants thereof,
hereby strictly inhibiting all servile labor thereon. Commending
the same to all elders, churches, ministers, and people, that they
fervently wrestle with the Lord, that he may turn from the fierce
ness of his anger, and cause his face to shine upon us in all our
concerns. (The four preceding papers are in the Council Minutes, first book.)
[The Council Minutes from 1680 to 1698, are not to be found in the Sec
retary's office.]

No. 31. Answer to the claim made by Mr. Mason to the house and
lands of New-Hampshire.
(In Mr. Weare's hand writing, but without date or signature.)
It does not legally appear, that Mr. Mason can lay any just
claim to any of the lands in New-Hampshire, for what right he
pretends, is either derived from Capt. John Mason, (whom he
says was his grandfather) or from his majesty's commission : but
presume from neither ef these has he any right. Not from Capt.
John Mason; for 1. It does not legally appear that ever he had
any right to the province of New-Hampshire. It is true there is
a copy of a patent or deed from the council of Plymouth, which
he brings over without attestation of public notary, or any other
authority. Besides, in said copy there is not the least intimation
of any hand or seal to the original, and there is two men that
swear this is a true copy of the original, which plainly demon
strates that the original is but a blank ; the truth whereof we are
the more confirmed in, because it is not rational to imagine, that
Mr. Mason would come from England to prosecute a right, and
not bring with him what he had to make good his claim, but hav
ing nothing but blank copies, he could bring no better than he
had, which cannot be looked upon as authentic, in any court.

460 APPENDIX.
2. If it should be supposed that ever Capt. John Mason had a
right by patent, yet it does not appear how Robert Tufton Mason
(as the plaintiff calls himself) derives a title from him, either as
his heir, executor, or administrator, or by deed of gift ; all that
we can hear in court is, that the plaintiff calls himself Capt. Ma
son's heir.
3. If the plaintiff, or his ancestors, ever had a title to the lands
he claims, by patent from the council of Plymouth, yet they have
lost it by non-use, for they never attended the ends of granting pa
tents, by king James, of blessed memory, in his highness' patent to
the great council of Plymouth, which was the peopling of the
land, enlarging the king's dominions, propagating the gospel, con
version of the heathen — the native proprietors, &c. Now, the
plaintiff, nor ancestors, never planted this province, nor expended
any thing upon it, to the upholding of it, in peace nor war, but the
present inhabitants did, either by themselves or predecessors, pur
chase their possessions from the natives, and by their permission
did sit down upon the land, and manured, to the vast expence of
above 50 years time, in hard labor, and expending upon it their
whole estate. And in the late Indian war, did defeud it against
the enemy, to the loss of many of their lives, and considerable
part of their estates, without any assistance from Mr. Mason, who
now claims not only what poor people have purchased and labor
ed hard upon, but also conquered or relieved from cruel attempts
of the barbarous heathen, aud we conceive we were under no ob
ligation to run such adventures to make ourselves slaves to Mr.
Mason. 4. It does not appear that there, was a quorum of the great coun
cil of Plymouth, to the making of Capt. Mason's deed, according
to the patent granted to the great council of Plymouth, which ren
ders his claim unvalid, if ever any thing iu that kind was done,
which we question.
From what is said, we humbly conceive Mr. Mason has no right
from Capt. John Mason.
And that his majesty's commission does neither give nor confirm
any title to the lands claimed, we prove ;
(1) We humbly conceive that his royal majesty, who is so pru
dent a prince, and so solicitous for the peace of his subjects, would
not have left that matter doubtful, to his subjects of this province,
but rather have told us, that he had given all the lands to Mr. Ma
son, but there is nothing of gift, to him, in the commission, and if
his majesty had, (which we cannot believe he would) we should
crave the benefit of the statue in the 17° of Charles the first,
which says, No king and council can alienate lands but by due
course of law. But we were never yet heard, and when it comes
to legal trial, we presume the law of possessions will confirm our
lands to us, seeing we have had peaceable possession 50 years.
(2) If his majesty had given the lands in the province to Mr.
Mason, what can be understood by that clause in the commission,
' That in case the inhabitants shall refuse to agree with Mr. Ma
son, then the governor shall interpose and reconcile all differences,

APPENDIX. 461
if he can, but if he cannot, then to send the case, fairly stated to
England, that his majesty and privy counsel, might determine ac
cording to right ;' which we humbly conceive puts a bar to any
legal proceedings, until his majesty's mind be further known there
in. The inhabitants have offered their reasons to the governor
according to Commission, which he will not admit of, only did take
of one, viz. Capt. Stileman, and promised to send them to Eng
land, but we can hear of no answer, and much fear his neglect.
(3) His majesty in hjs commission, says, ' To prevent unrea
sonable demands, that may be made by Mr. Mason, for the right
he claims,' which claim may prove good or bad, when it comes
to trial. We understand, to claim and to have, are different things.
(4) His majesty intimates in his royal commission, by what ti
tle Mr. Mason does claim, viz. by a grant to his ancestors, ' who
improved and possessed the province with great expence, until
molested and finally driven out ;' but this province cannot be con
cluded to be the place he claims, until he make these circumstan
ces appear, which we are sure he never can do.
Now, Mr. Mason, not producing any original deed for any of
the lands of this province, nor authentic copies, the inhabitants
cannot make any compliance with him, both, because we see no
right he ever had, or believing if ever any was, he hath mort
gaged it already in England, and so alienated what right he had.
Although upon the former grounds, we have good plea a-
gainst Mr. Mason's claim, yet we did not see cause to join issue,
not only because judges and jurors were not qualified according to
law, all of them being picked for espousing Mr. Mason's interest,
by the governor's order, who has a mortgage for 21 years from
Mr. Mason, for all the lands in the province ; but also because
we were willing to attend the methods, prescribed by his majesty,
in his royal commission.

No. 32. The Answer of Elias Stileman to Mason's Claim.
The answer of Elias Stileman, to the summons from the Hon.
Edward Cranfield, Esquire, goveruor of his majesty's province
of New-Hampshire, in N. E. in pursuance of the method which
his majesty hath been gratiously pleased to prescribe in his
commission. Portsmouth, the 15th of November, 1682.
May it please your Honor, — In obedience to your command,
that I should render a reason why [ refuse to pay quit-rent unto
Robert Mason, Esq., (as he titles himself) for my house and lands,
and take deeds from him for the confirming of the same, I answer
as followeth :
Istly. Because my said land I bought and paid for. I he title
unto which is successively derived unto me from those that have
possessed it, without any claim for at least these 50 years, upon
which I have built at my own charge without any interruption,
and am in the possession thereof, as my own. As to what is said

46'2 APPENDIX.
in the commission, concerning Mr. Mason's proprietors, with all
due submission to his majesty, I conceive it implies rather his claim
than a positive determination of his title.
2dly. I humbly conceive, that, being in possession of what I
have bought and built upoD, it rests upon the cl aimer to make out
his title, (if he have any by law) begging the favor of an English
subject therein, that it may be first tried upon the place, accord
ing to the statute law, and the opinion of his majesty's judges in
England, and this before I am liable to pay quit-rent, and take
deeds of confirmation from him.
3dly. Should Mr. Mason obtain his demands, myself and the
rest of the inhabitants would be undone forever, for then all his,
granted to him, which he calls commons, being out of fence,
which yet hath been bounded out by the several towns, and possessed
by them for these 50 years, and improved for the maintenance of
their cattle both winter and summer, and for timber and fire wood,
without which there is no living for us, it being impossible for us
to subsist upon that, which, in the commission is called gardens,
orchards, if he may have the disposal of the rest.
4thly. The said Mason speaks of many thousands of pounds
expended upon the place, which with submission cannot be made
out, and if it could, what then have Ihe poor planters expended in
so many years labour since their first sitting down upon it, when
they found it an howling wilderness and vacuum domicilium, be
sides a great expence of blood and estate, to defend it in the late In
dian war, nor can they to this day, make both ends meet, by all
theirlabour and frugality, and therefore must needs sink under
the exaction of such a proprietor.
5thly. The land which Mr. Mason claims as proprietor, is the
land on which such vast expense hath been laid out by his grand
father Capt. John Mason, for the peopling of it, and the land
from whence his said grandfather's servants were violently driven
out, or expelled by the inhabitants of the Massachusetts, but upon
this land there was no such expence laid out by his grandfather,
Captain John Mason, for the end aforesaid, nor is this the land
from whence any servants of his said grandfather were so expelled,
and therefore, we, that are possessed of this land, are not con
cerned in his claim, he hath mistaken his province, and may en
deavour to find it some other where, for here is no such place.
6thly. If Mr. Mason had a patent here, why did he not take
possession in the day thereof ? If he were in possession, why
did he not keep it still ? None ever drove him out as he informs;
had he been once settled, he might to this day have kept it, as the
rest of the inhabitants have done, without the least molestation,
but I am humbly of opinion, that if he, the said Mason, or any of
his heirs came hither, they only came as many ships did to New
foundland and to this country, to make a fishing voyage or beaver
trade, and that being at an end, departed, and left their room to
the next taker.
This is the sum of what I have at present to answer, humbly
requesting of your honor, the stating of the case, with your opin-

APPENDIX. 4(53
ion thereupon, to his majesty as the commission directs ; and when
his majesty shall, in his wisdom and justice, see meet to order an
hearing of the matter in his courts of judicature, upon the place,
before a jury of uninterested and indifferent persons, which may
be had out of the neighboring province, (and possibly Mr. Mason
may think not attainable in this province, wherein all persons are
concerned,) as he hath been pleased to do by that part of Mr.
Mason's claim, which lies under his majesty^ government of Mas
sachusetts, I hope to be able upon these and other grounds so far
to make out my title as to be held unblamable, before God and
man, for not complying with his demands. Or, if I should see
cause to appeal to his majesty and honorable council, that I shall
be put beyond all need of paying quit rent to the pretended pro
prietor. Thus begging your honor's favor, I subscribe,
Sir, your humble servant,
E. S.
(The two preceding papers are in the hands of the Hon. President Weare.)

No. 33. Edmund Randolph's Letter to the Lords of Trade and Plan
tations, giving an account of the Rebellion in New-Hampshire,
1683.
To the right honorable the lords of his majesty's most honorable
privy council, appointed a committee for trade and plantations :
A short narrative of the late transactions and rebellion in the
province of New-Hampshire, in N. E., humbly presented by Ed
ward Randolph, collector of his majesty's customs there :
His majesty having thought fit to establish his royal authority
more immediately in New-England, was pleased, by his commis
sion under the great seal, to appoint Edward Cranfield, Esq., to be
governor of that province, who arrived iu New-England upon one
of his majesty's frigates, about the beginning of October, 1682. —
The countenance, with his indulgence to the people, obtained his
easy admission into the government, in which he was very obli
ging to all, but especially to the late ruling party ; but, withal,
made it his business to put the fort, which commandeth the mouth
of the harbor, and militia, into safe hands, and put good men into
places of civil administration ; and likewise, provided as well as
he could, during the short time the frigate lay there, for the future
quiet and settlement of that government. Upon the 14th of Nov
ember following, a general assembly of the province was called,
wherein, after several warm debates, some laws were made and
passed by the governor, and adjourned that assembly till the 9th
of January following, being at that time unwilling toi>reak with
them, in hopes they would better understand, for the future.
Some time in December following, the governor, with Major
Waldron, late president of the province, Mr. Moodey, minister,
and other chief men amongst them, go to Boston, where he is civ
illy entertained. But his main design in that journey was, to feel

464 APPENDIX.
the temper of that government, and the rather, because he found
they had such an influence upon the people of this province, that
they advised and adhered to them, in the conduct of all their pub
lic and private affairs, which in a little time began to discover it
self, for no sooner had Governor Cranfield bpenly discoursed with
me, in Boston, about my prosecuting a seizure made by me, at
Portsmouth, in October last, of a Scotch vessel, belonging to one
Jeffreys, a Scotchman, a church member and inhabitant of that
province, but it discomposed the whole party, and it was contrived
in their return home, that I might have no better success in his
majesty's immediate government, than in my former trials at Bos
ton, to which end Mr. Hammond, candidate for a magistrate the
ensuing year in that colony, and brother-in-law to Mr. Moodey,
comes in the extremity of bad weather, upon the 19th December,
to Portsmouth, (although two or three days before he had declared
he would not go thither till spring.) Governor Cranfield being
returned from Boston, appoints a special court for a trial of the
Scotch vessel, and I went to Portsmouth to attend it ; but the
party, believing the governor to be wholly their own, and one of
the chief of them openly saying, whatever came out of the ketch
should never come into my hands, so continued the matter, that
she was carried by the fort out of the river at Pascataqua in the
day time ; although Major Stileman, one of the committee, was
commander of the fort, had express orders from the governor to
stop her ; whereupon the governor put him out of all office, and
made Captain Barefoote, one of the present council, captain of the
fort, and of the foot company, belonging to the great Island : upon
which, the fort is built. Now the better to color this matter, it
was presently given out, and by many believed, that the master
and sailors aboard, without consent or knowledge of the owner,
had run away with the ketch, as Jeffreys upon his oath voluntari
ly did avouch, taken before the governor. The party hoping by
this means, to persuade the governor to take no further notice of
it, the rather because the frigate was then gone out of the river.
But I had certain advice that one of Jeffreys' servants was pri
vately sent out of the way, harbored in a very obscure place in
the province of Maine ; upon which, Mr. Martin, by his letter,
desired the justices of the peace there, to send their constables
with a warrant, to bring Jeffreys' servant before the governor to
be examined, what they knew concerning [ ] away the
Scotch ketch, they conferred and deposed that Mr. Jeffreys, the
owner, employed them, aud being upon the place, stood by, gave
¦orders and directions, when and how the ketch should be carried
away, so that the governor, by this means, finding it out to be a
mere continuance, advised me to continue my prosecution on his
majesty's behalf, against the ketch, and all persons concerned in
her escape. The party now find no way to avoid the trial, how
ever, it is so ordered that the jury, on which were four leading
men, church members, are prevailed upon, that against clear proof
of the breach of the acts of trade, they find against his majesty's
intended to admit them upon the statute made in the 23 of Henry

APPENDIX. 465
VIII, for preventing perjuries and false verdicts, which so startled
them all, that some of the council intercede on their behalf, and
prayed liberty to amend their verdicts, which being by the court
agreed to, they found for his majesty, aud the ketch was condem
ned. January the 9th.— The assembly being adjourned to that
day, meet; the governor recommended to them several good biils,
that had passed the council, butinstead of their concurrence, they
either rejected or put them into such a disguise, as rendered them
altogether useless, and afterwards would not take notice of any
bills, which did not arise froai theinseh es. They likewise pe
remptorily insisted to have1 the nomination of judges and the ap-
pointing'courts of judicature, powers solely invested in the gov
ernor by commission ft om his majesty ; aud lastly, they had pre
pared bills repugnant to the laws of England; upon vvhich the
governor, finding them to act without any regard to his majesty's
service, or benefit of the province, after he had passed some bills,
not knowing where these matters would end, dissolved the as
sembly. In a short time after, one Edward Gove, who served for
the town of Hampton, a leading man, and a great stickler in the
late proceedings of the assembly, made it his business to stir the
people up to rebellion, by giving out that the governor, as vice ad
miral, acted by his royal highness' commission, who was a papist,
and would bring popery in amongst them, that the governor was a
pretended governor and his commission was signed in Scotland.
He endeavored with a great deal of pains, to make a party, and
solicited many of the considerable persons in each town to join
with him, to recover their liberties, infringed by his majesty's pla
cing a governor over them, further adding that his sword was
drawn, and he would not lay it down till he knew who should
hold the government. This he discoursed at Portsmouth, to Mr.
Martyn, treasurer, and soon after to Capt. Hull, at Dover, which
they discovered to the governor, who immediately despatched away
messengers with warrants to the constables of Hampton and Exe
ter, to apprehend Gove — and fearing he might get a party too
strong for the civil power, (as indeed it proved, for Justice Weare
and a marshal were repulsed) the governor (although much dis
suaded) forthwith ordered the militia of the whole province to be
in arms, and understanding by the marshal that Gove could not be
apprehended at Hampton, by himself, and a constable, but was
gone to his party at Exeter, from whence he suddenly returned
with 12 men, belonging to that town, mounted and armed with
swords, pistols and guns, a trumpet sounding, and Gove with his
sword drawn, riding in Hampton at the head of them was taking
horse, and with a part of the troop intended to take Gove and his
company, but the governor was prevented by a messenger from
Hampton, who brought word that they were met withal and ta
ken by the militia of that town, and secured with a guard ; the
trumpeter forcing his way, escaped, after whom a hue and cry was
sent to all parts, but as yet he is not taken. This rising was un
expectedly to the party made up on the 21st day of January last,
It is generally believed, many considerable persons, at whose
61

466 APPENDIX.
houses Gove then either sent or called, to come out and stand up
for their liberties, would have joined with him, had he not discov
ered his designs, or appeared in arms at that time. For upon the
30th day of January, being appointed by the governor a day of
public humiliation, they designed to cut off' the governor, Mr. Ma
son, and some others whom they affected not. The governor sent
a strong party of horse to guard the prisoner, then in irons, from
Hampton to Portsmouth. They were brought and examined be
fore the governor and council, where Gove behaved himself very
insolently ; they were all committed to custody, and Capt. Bare
foote, having the trained band of Great Islaud then in arms, was
ordered to take care of the prisoners and keep a strict watch upon
them, in regard the prison was out of repair. All this while the
governor was at great charge and expense in suppressing this re
bellion, and keeping up guards, to secure the peace of the province.
We therefore, judged it necessary to bring them to a speedy trial,
and to that end directs a commission of oyer and terminer to
Richard Waldron, Thomas Daniel and William Vaughan, Esq'rs,
for their trial, to be had upon the first day of February next, at
which time Gove and the other prisoners were brought to the
court, then holden at Portsmouth, in the said province, the grand
jury found the bill, the next day they were all arraigned and in
dicted upon the 13th of the king, for levying war against his maj
esty. Gove pleaded to the indictment, not guilty; then Mr. Mar
tyn, treasurer of the province, and Capt. Hull, both of Portsmouth,
with two justices of the peace and a lieutenant of the foot compa
ny at Hampton, who was at the taking of them, were all sworn in
court ; then Gove owned the matter of fact, and to justify his ta
king up of arms, pleaded against the governor's power, that he
was only a pretended governor, by reason his commission, as he
said, was sealed in Scotland, likewise that the governor had by
his proclamation, appointed the 30th January to be annually ob
served and kept a day of humiliation, and obliged the ministers to
preach that day ; that the governor had at his house discoursed to
Gove and shewed him out of the 10 chapter of St. Mark, the ne
cessity of children's baptism ; this he urged to be a great imposing
upon the ministry. The other prisoners pleaded not guilty ; but
had little to say in defence for themselves, further than they were
drawn in by Gove. The jury, after long consideration, found
Gove guilty of high treason upon the indictment, and all the rest
in arms ; upon which the court proceeded to give judgment, and
passed the sentence of condemnation upon Gove, but in regard the
other prisoners were specially found, the governor ordered the
court to respite their judgment till his majesty's pleasure should
be known therein ; most of them being young men and altogether
unacquainted with the laws of England. Herewith I humbly pre
sent your lordships a particular account of their trial, signed by
Richard Waldron, Esq. judge of that court and passed under the
seal of the province. *
(The foregoing, copied from the Massachusetts colony files, was commu
nicated to the editor by Mr. Joshua Coffin, S. H. S. Mass.)

APPENDIX. 407
No. 34. Copy of a letter from Edward Gove, of Hampton, to the
Court of Sessions, January, 1683.
[This letter may be found in a Note, pages 99 and 100, of this volume.]

No. 35. Copy of Cranfield's order for the administration of the sa
craments, according to the mode of the church of England.
At a council, held at Great Island, December 10, 1683.
By the governor and council.
New-Hampshire, —
It is hereby required and commanded, that all and singular, the
respective ministers within this province, for the time being, do,
from and after the first day of January next, ensuing, admit all
persons that are of suitable years, and not vicious and scandalous
in their lives, unto the blessed sacrament of the Lord's supper, and
their children unto baptism. And if any persons shall desire to
receive the sacrament of the Lord's supper, or their children to be
baptized according to the liturgy of the church of England, that it
be done accordingly, in pursuance of the laws of the realm of
England, and his majesty's command to the Massachusetts gov
ernment. And if any minister shall refuse so to do, being thereunto
duly required, he shall incur the penalty of the statutes, in that
case made and provided, and the inhabitants are freed from paying
any duties to the said minister.
The aforesaid order was published,
R. CHAMBERLAIN, Clerk Council.
(This paper is in the council minutes, second book.)

No. 36. Copy of the information against Rev. Joshua Moodey, 1683.
New-Hampshire, in New-Eugland.
To Walter Barefoote, Esq., judge of the court of pleas of the
crown, &c, now sitting at Great Island ; and to Nathaniel Fryer
and Henry Green, Esquires, assistants.
The information of Joseph Rayn, his majesty's attorney gen
eral for the said province of New-Hampshire, against Joshua
Moodey, of Portsmouth, in the said province, clerk, in his said
majesty's behalf.
The said Joseph Rayn informeth, that the abovesaid Joshua
Moodey, being the present minister of the town of Portsmouth,
aforesaid, within the dominions of our sovereign lord, Charles the
second, king of England, is by the duty of his place, and the laws
and statutes of the realm of England, (viz., the statutes made in
the fifth and sixth of king Edward the sixth, and the statute of the
first year of the reign of the late queen Elizabeth, which is con
firmed by the statute made in the thirteenth and fourteenth year
of the reign of our sovereign lord, king Charles the second,) re
quired and commanded to administer the sacrament of the Lord's
supper, in such manner and form as is set forth in the book of

468 APPENDIX.
common prayer and administration of the sacraments, and other
rites and ceremonies of the church of England, and shall use no
other manner or form than is mentioned and set forth in the said
book. Nevertheless, the said Joshua Moodey, in contempt of the
said laws and statutes, hath wilfully and obstinately refused to ad
minister the sacrament of the Lord's supper, according to the man
ner and form set forth in the said book of commou prayer, unto
the honorable Edward Cranfield, Esq., governor of his majesty's
said province of New-Hampshire, Robert Mason, Esq., proprietor,
aud John Hinks, Esq., of the said province; and doth obstinately
aud wilfully use some other form than is by the said statutes or
dained, contrary to the form thereof : Therefore, the said Joseph
Rayn, in behalf of our sovereign lord, the king, doth pray, That
the said Joshua Moodey, being thereof convicted according to
law, may suffer such penalties, as by the said statute are made and
provided in that case.

No. 37. Copy of a second information against, the same.
New-Hampshire, in New-England.
To the honorable Walter Barefoote, Esq., judge of the court of
pleas of the crown, and other civil pleas, held at Great Island,
and now sitting, this 6th February, 1683-4, &c.
The information of Joseph Rayn, his majesty's attorney gen
eral for the said province, in his majesty's behalf, against Joshua
Moodey, of Portsmouth, clerk.
Whereas, the said Joshua Moodey hath, in open court of the
quarter sessions of the peace, held at Great Island, aforesaid, upon
record, confessed and owned before the justices, that he hath ad
ministered 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 offence before the justices at the
said sessions ; Joseph Rayn, his majesty's attorney general for the
said province, who prosecutes for our sovereign lord, the king,
doth, (according to the ancient law of the statute made in the for
ty-second year of the reign of king Edward the 3d, now in force,)
in his majesty's behalf, exhibit his information to this honorable
court against the said Joshua Moodey, for that he having for many
years had the appearance and reputation of a minister of God's
word in the said province, being within the king's dominions, and
having wilfully and obstinately refused to administer the sacra
ments according to the rites of the church of England, hath ad
ministered the sacraments of baptism and the Lord's supper in oth
er manner and form than is appointed and commanded by the stat
ute 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 Moodey may
suffer the penalties by the said statute in this case made and pro
vided.

APPENDIX.

469

No. 38. Warrant and Mittimus against the Same.

New-Hampshire in New-England.
lo James Sherlock, gent, prov. marshal and sheriff of the said
province, or his deputy.
In his majesty's name, you are hereby required forthwith, to
take and apprehend the body and person of Joshua Moodey, of
Portsmouth, in the said province, clerk, aud carry him to the pris
on of Great Island, in the said province ; and the prison-keeper
Richard Abbot, is hereby required to receive him, the said Joshua
Moodey, and keep him in safe custody, in the said prison, he hav
ing been convicted of administering the sacraments contrary to the laws
and statutes of England, and refusing to administer the sacraments
according to the rites and ceremonies of the church of England, and
the form enjoined in the said statutes. There to remain for the space
of six months next ensuing, without bail or mainprize. Fail not
Dat. the 6th of Feb. 1683-4. WALT. BAREFOOT, (Seal.)
PETER COFFIN, (Seal.)
HEN. GREEN, (Seal.)
HEN. ROBY, (Seal.)
Vera copia,
Teste, Richard Chamberlain, Clro. P.
(The thiee preceding papers, are in the Recorder's office.)

No. 39. Copy of Cranfield's order, for raising money without an
assembly. New-Hampshire.
At a council held at Great-Island, Feb. 14, 1683-4.
By the Governor and Council.
Whereas we have lately had intelligence by a letter from Capt.
Hook to Capt. Barefoot one of the council of this his majesty's
province, that he had advice from the captain of the Fort at Casco
of a sudden rising and onset intended by the Indians upon the En
glish at the eastward : And whereas the assembly have been
lately tendered a bill for raising a revenue for the fortifying and
defending ourselves against his majesty's enemies, did absolutely
refuse and reject the same without giving any reason for so doing,
or preparing any other for defraying the charge of the public ser
vice. We his majesty's governor and council finding the public
treasury so empty and bare that there is not so much money as to
pay a single messenger ; and those persons that are the support of
the province have not estates to support themselves in the war (if
any should happen) without due payment for their service, in con
sideration of the premises, by virtue of his majesty's royal com
mission bearing date the ninth of May, 1682, and also of his maj
esty's royal instructions to the governor bearing date the 29th of
April, 1682, have, for the raising a revenue for fortifying and de
fraying the necessary charges of the government, that there may
be a magazine of ammunition and provision, and of money to pay

470 APPENDIX.
indigent soldiers', as also for such emergencies as a war will neces
sarily produce, thought fit to continue, and do hereby continue all
such taxes and impositions as have been formerly laid upon the
inhabitants (excepting only the rate of the penny in the pound
raised in time of usurpation without a general assembly) com
manding and requiring all and singular the constables and collec
tors forthwith to perform their duty in levying and collecting the
same, and paying it into the treasurer.

No. 40. Copy of a letter from the Council to Governor Dongan.
Province of New-Hampshire, March 21, 1683-4.
Sir,
By several advices we have received of a sudden rising intend
ed by the Indians in these eastern parts to fall upon the English,
wre judged it absolutely necessary without delay to provide for the
safety and preservation of his majesty's subjects inhabiting'this
province, and to give relief (if need he) to our neighboring col
onies. We have therefore upon consideration of the best means
for the securing of these provinces concluded it very necessary to
entertain a number of southern Indians for soldiers, who are best
acquainted with the manner of these Indians' skulking fight ; and
this being a work of piety and charity for preventing the effusion of
christian blood : And knowing that your honor has an influence
upon the southern Indians our honorable governor was willing
to take the trouble upon himself of a journey to New-York to
treat with your honor for sending of such a number of Mahiquas,
or other Indians, as may be convenient to assist in this service,
and to make such capitulations and agreement as fo his honor
shall seem reasonable. We doubt not your honor's readiness in
any thing that may tend to his majesty's service and the safety of
his subjects, having often heard a noble character of your honor
from our governor, whom we have intreated to present our letter
with our most humble service. We have committed all matters
to his honor's prudence and management and what his honor
shall judge fit to be done we shall see performed. So praying for
your honor's health and prosperity, we subscribe ourselves, (being
his majesty's council of New-Hampshire.)
May it please your honor, your most humble servants,
ROBT. MASON,
WALTER BAREFOOT,
R. CHAMBERLAIN,
ROBT. ELLIOT.
JOHN HINKS.
(The two preceding papers are in the Council's Minutes, second book.)

To the Hon. Col.yTho. Dongan,
governor of his royal highness
his colony of New-York, and
the territories thereto belong
ing, humbly present.

APPENDIX. 471
No. 41. Address and Petition of the Inhabitants of Exeter, Hamp
ton, Portsmouth and Dover, against Cranfield.
To the King's Most Excellent Majesty.
The humble address and petition of sundry of your majesty's loyal
subjects the freeholders and inhabitants of your majesty's pro
vince of New-Hampshire in New-England,
Most humbly she weth, [From the town of Exeter.
That your petitioners' predecessors having under the encourage
ment of your majesty's royal ancestors by their letters patents to
the great council of Plymouth, removed themselves aud some of us
into this remote and howling wilderness in pursuance of the glo
rious ends proposed, viz. The glory of, God, the enlarging his
majesty's dominions, and spreading the gospel among the heath
en : And in order thereunto either found the lands we now pos
sess vacuum domicilium, or purchased them of the heathen the na
tive proprietors of the same, or at least by their allowance, ap
probation or consent, have sat down in the peaceable possession
of the same for the space of above fifty years ; hoping that as we
had attended the ends, so we should have shared in the privileges
of those royal letters patents above mentioned, and thereupon
did the more patiently bear and cheerfully grapple with those in
numerable evils and difficulties ,that must necessarily accompany
the settlers of new plantations, especially in such climates as these
besides the calamities of the late Indian war to the loss of many
of our lives, and the great impoverishment of the survivors. We
were also further encouraged from your majesty's princely care in
taking us by your late commission under your majesty's immedi
ate government, and appointing some among ourselves to govern
us according to those methods there prescribed, being particularly
bound to discountenance vice and promote virtue and all good liv
ing, and to keep us in a due obedience to your majesty's authority
and continuance of our just liberties and properties, together with
liberty of conscience in matters of worship, and all in order to our
living in all godliness and honesty, fearing God and honoring the
king, which we profess to be our desire to do.
But contrariwise partly by the unreasonable demands of our pre
tended proprietor, Robert Mason, Esq., and partly from sundry
other reasons, that are either effects or concomitants thereof, we
are in a far worse condition than any other your majesty's planta
tions, and reduced to such confusions and extremities, that neces
sitate our humble application to your majesty, upon whose clemen
cy and justice only, under God, we depend for our relief.
Your poor, distressed and oppressed petitioners, do therefore,
most humbly supplicate your most gracious majesty, that you will
vouchsafe to give leave unto one of ourselves, Mr. Nathaniel
Weare, whom we have sent for that end, to spread before your
sacred majesty, and your most honorable privy council, our de
plorable estate, the beholding of which we doubt not, will move
compassion towards us, and your majesty's propensity to justice,
will incline to the using such means as to your wisdom shall seem
best, that the oppressed may be relieved, wronged ones righted,

472

APPENDIX.

and we, your majesty's almost undone subjects, now prostrate at
your feet, may upon the tasting of your equity and goodness, be
raised, and further engaged, in all humility and thankfulness, as in
duty bound evermore heartily to pray, &c.
[The following names having been derived from copies, not originals, there
occurred a number of mistakes in the former editions, which I have endeav
ored to correct.]

David Robinson,
Kinsley Hall,
Bily Dudley,
James Sinkler,
Christian Dolhoff,
Philip Charte,
Jeremiah Low,
Ralph Hall,
Samuel Hall,
John Sinkler,
John Wadleigh,
Samuel Foulsham,2
Eleazar Elkins,
Ephraim Foulsham,
Humphrey Wilson,
Nathaniel Foulsham,
Jonathan Thing.

Andrew Wiggin,
Thomas Wiggin, senior,
Thomas Wiggin, junior,
Robert Smart, senior,
John Young,
John Foulsham,
Edward Smith,
Peter Foulsham,
Theophilus Durdly,!
Richard Morgan,
Samuel Leavitt,
John Cotton, junior,
John Gilman, senior,
Edward Gilman,
Moses Leavitt,
Jonathan Robinson,
Thomas Rawlins,
The like petition from the town of Hampton, in said province,
signed by,

Nathaniel Bachiler,3
John Marston,
James Philbrick,
Jacob Browne,
Thomas Browne,
Henry Lamper,
Jonathan Wedgwood,
Henry Moulton,
John Moulton,
Joseph Smith,
David Wedgwood,
James Cheuse,
James Perkins,
Morris Hobbs, senior,
Joseph Moulton,
Benjamin Moulton,
Thomas Leavitt,
Thomas Dearborne,
John Leavitt,
Henry Dearborne,
Aratus Leavitt,
Christopher Hussey,

John Tucke,
John Smith,
Thomas Page,
Philip Towle,
Josiah Sanbourne,
William Sanbourne, senior,
Ruth Johnson, widow,
Richard Sanbourne,
Thomas Walker,
Isaac Godfrey,
Humphrey Perkins,
David Lamprey,
Benjamin Lauyre,4
William Fuller,
John Sanbourne,
Hesron Leavitt,
Samuel Sherborne,
Francis Page,
Peter Weare,
Benjamin Browne,
Thomas Philbrick,
Timothy Blake,

[ (1) Probably Tlieophilus Dudley, son of Rev. Samuel Dudley.
(2) This name is now written Folsom.
(3) Son of Rev. Stephen Bachiler, and died 2 January, 1710, aged SO.
(4) Perhaps Benjamin Lavers.]

APPENDIX.

473

Jacob Perkins,
Jonathan Philbrick,
Ebenezer Perkins,
Caleb Perkins,
Joseph Perkins,
Joseph Dow,
John Clifford, senior,
Samuel Philbrick,
Joseph Shaw,
John Clifford,
Benjamin Shaw,
Samuel Cogg,
The like petition from
George Hunt,
Peter Ball,
John Sherburne, senior,
Samuel Wentworth,
Splan Lovell,
Richaid Webber,
Richard Waterhouse,
William Davell,
John Cotton,
Colomart Mashawes,!
John Barsham,
John Shipway,
John Johnson,
John Sherbunie, junior,
Thomas Pickering,
Thomas Wacombe,
Obadiah Mors,
Nicholas Morrell,
Samuel Keais,
John Dennett,
John Tooke,
Edward Melcher,
George Lavers,
Jacob Lavers,
John Brackett,
Matthius Haines,
Samuel Haines,
Samuel Haines, junior,
William Fifield, senior,
Walter Neal,

Timothy Hilliard,
Anthony Stanyan,
John Stanyan,
Joseph Sanbourne,
Isaac Perkins,
Moses Swett,
Joseph Swett,
Joseph Cass,
Duel Clemens,
Samuel Cass,
John Sanbourne, senior.
Portsmouth, in said province, signed by,
John Light,
William Pitman,
James Jones,
William Cotton,
James Levitt,
Jethro Furber,
Edward Bail,
Thomas Cotton,
Daniel Duggen,
Francis Jones,
John Pattridge,
Robert Purinton,
Nehemiah Partridge,2
Jotham Lewis,
Anthony Brackett,
Leonard Weeks,
Nathaniel Drake,
John Flunking,
Richard Jose,
Jane Jose,
John Fletcher,
Richard Martyn,
Ph. Suret,
Richard Waldron,
Ben. Hull,3
John Cutt,
William Vaughan,
George Jaffrey,
John Pickering,
John Bruster.

[(1) Probably Matthews.
(2) Yartridge in the former editions.
(3) This name appears to be Rmben in contemporary records]
62

474

APPENDIX.

The like petition from the
Job Clements,
Thomas Roberts,
Edward Allen,
William Furber, senior,
Henry Senter,
Richard Rowes,
Anthony Nutter,
John Dam,l
William Furber, junior,
John Dam, junior,
John Nutter,
Thomas Row,
Edward Row,
John Meadow,2
Philip Chesley,
Joseph Stevenson,
Thomas Chesley,
Joseph Kinneder,3
Stephen Jones,
Edward Small,
Nathaniel [Lomax?]4
James Huckins,
Gatharias Jerlld,
Ezekiel Wentworth,
Paul Wentworth,
Gerard Gyner,
Jenkins Jones,
Joseph Canne,
Richard Waldron,

town of Dover, signed by,
John Winget,
John Gerrish,
William Wentworth,
John Heard,
John Roberts,
John Hall, junior,
Robert Burnham,
Samuel Burnham,
Jeremiah Burnham,
Samuel Hill,
Ralph Wormley,
William Horn,
Peter Mason,
John Woodman, senior,
John Woodman, junior,
Jonathan Woodman,
John Davis, senior,
John Davis, junior,
Joseph Fields,
John Bickford,
Thomas Bickford,
Thomas Edgerly,
John Hill,
Charles Adams,
Samuel Adams,
William Parkinson,
Joseph Hill,
Nathaniel Hill,
John Roberts.

(From a copy in the hands of the Honorable President Weare, and now
(1830) in the hands of J. B. Moore, Esq.)

No. 42. The deposition of Peter Coffin relating to Cranfield's con
duct towards William Vaughan.
The deposition of Peter Coffin, Esq., one of his majesty's justices
of the peace for New-Hampshire, being sworn, saith,
That sometime in the beginning of February, A. D. 1683-4, I
the deponent, was present at the house of Mr. John Hincks, in
company with the Hon. Edward Crahfield, Esq. governor of this
province, where I heard the said governor send for Mr. William
Vaughan, and when the said Vaughan came, the governor inquir
ed of him what affidavits those were he had that day desired to be
taken. The said Vaughan answered, those that, concerned his
eause against Mr. Mason. The governor asked him who they
[(1) Now spelled Dame.
(2) Probably John Meader, who was of Dover.
(3) PerhapsJoseph Kennedy.
(4) A Nathaniel Lomax or hummus, from Ipswich, was of Dover about
this time.]

APPENDIX. 475
were, he answered, if he might have summons he would bring
them before his honor to be sworn ; and then the goveruor 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 governor said, he went to carry a mutinous petition, to be sent
to Eugland by Weare, and asked him what vessel Weare went in ;
Mr. Vaughan answered, that he left Weare in Boston. Then the
governor said, that by the next ships after Weare was got to Eng
land, and had presented his petition, he should have an account
of the persons' names that subscribed it, returned to him, and that
it would he the best haul he ever had, for it would be worth £ 100
a man. The governor further said, that the said Vaughan was a
mutinous fellow, and required of him bonds to the good behaviour ;
Mr. Vaughan answered, he knew none of the king's laws he had
broken, but if he could be informed of his crime, he was ready to
give bonds. And that in the whole discourse, Mr. Vaughan de
meaned himself with a great deal of moderation and submission. —
Notwithstanding which, the governor commanded a mittimus to
be writ, and signed the same with his own hand, whereupon the
said Vaughan was forthwith committed to prison.
PETER COFFIN.
Peter Coffin, Esq., the above named deponent, appearing in the
town of Kittery, ijn the province of Maine, this 27th of Janua
ry, 1684-5, made oath to the above written, before me,
CHARLES FROST, Just, of Peace.

No. 43. The warrant and mittimus whereby William Vaughan, Esq.
was committed to prison.
New-Hampshire.
To James Sherlock, gent, sheriff and provost marshal of the said
province, or his deputy.
In his majesty's name you are hereby required to take and ap
prehend the body of William Vaughan, of Portsmouth, Esq. and
carry him to the prison of Great Island ; and Richard Abbot, the
prison keeper thereof, 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 sovereign lord the king, his heirs
and successors, for his, the said Vaughan's, good behaviour towards
the same, our sovereign lord the king, he having refused to find se
curity for his said good behaviour the sixth day of February, 1683.
Given uAder my hand and seal the said sixth day of February,
1683_4- EDWARD CRANFIELD, (L. S.)
(The two preceding papers are in the Recorder's offiee.)

476 APPENDIX.
No. 44. A letter from William Vaughan, Esg., containing a journal
of transactions during his imprisonment, (Sfc. to Nathaniel Weare.
Esq.,' agent in London. Portsmouth, 4th Feb. 1683-4.
Mr. Nathaniel Weare,
Sir, — These serve to give covert to the enclosed, which were
unhappily mislaid, and so brought to Portsmouth, instead of being
carried by you to London, though on the other hand you carried
many papers far London, which ought to have been at Portsmouth.
There were several papers in the bundle which were very imper
tinent unto your business, and the transporting of them very pre
judicial to some here ; your especial care about them is expected,
yet may be safely returned with you, if not transmitted by you,
before your return. We are now a doing about getting evidences
sworn, which yoa shall have a further account by the first, though
retarded much by having no copies of them as we expected.—
Since your departure, much ado has been made; many executions
extended, viz. upon Messrs. Cutts, Daniel, myself, Mr. Fletcher,
Moodey, Hunking, Earl, Pickering, Booth, &c. I went to pris
on, but was redeemed with money; several doors were broken open
by Matthews, the marshal's deputy, chests also and trunks, and
carried out of the houses till redeemed- with money. John Par
tridge and William Cotton are in prison, and have been sundry
days. No pay (as fish, sheep, horses, &c.) would be taken for
their executions, so their bodies were levied upon, and there they
lie. Our minister, for refusing to administer the sacrament to the
governor, is.bound over to the quarter sessions, to sit to-morrow,
the issue we know not, but six months imprisonment threatened.
Your wife and family well. Great bluster at Hampton about the
petition ; some weaklings were wheedled into a confession and
they discovered the persons that carried the petition, who were
by justices G. and R. bound over to the quarter sessions ; but last
Saturday night (on what ground know not) Mr. Green burnttheir
bonds, and only told them they must appear when called for. —
Charles Hilton is lately dead ; as other news arrives shall hand it
to you by all occasions, and do you the like by us.
5th. Quarter sessions are come, aud there Capt. Barefoote, Messrs.
Fryer, Coffin, Greene, Roby, Edgerly, were justices, Raines was
attorney. It was brought in as a pleaof the crown. Mr. Moodey
pleaded his not being ordained, having no maintenance according
to statute, and therefore not obliged to that work which the stat
ute required. Besides, these statutes were not made for these
places, the known end of their removal hither being that they
might enjoy liberty in these foreign plantations, which they could
not have by virtue of the statutes at home, and were allowed to
have here, especially our commission granting liberty of con
science. These things were pleaded, but to uo purpose. After a
short pleading, and that not without many interruptions and smiles
by the pragmatic, busy, impertinent attorney, he was committed
to the marshal, (viz. Long Matthews) and held in custody that
night, though permitted to lodge at Capt. Stileman's. Thejutices

APPENDIX. 477
debated a little ; four of them entered their dissent, viz. Messrs.
Fryer, Green, Roby, Edgerly, but Capt. Barefoote and Coffin were
for his condemnation. Judgment of the case, everv man's was
entered by the secretary over night, but being deferred till next
morning, information was given to somebody, who came in and
threatened and hectored after such a rate, that Green and Roby al
so consented, as you see by the enclosed, -and he was committed to
prison. Petition was by him made to the court, and afterwards to
the governor, that he might atep up at night to his family and settle
matters there, and that he might not go into the dismal place the com
mon prison. The court could not. the governor would not, of first,
though in fine gave leave to the marshal to drop him at Capt.
Stileman's, where he is confined to his chamber, though not with-
- out leave to go down stairs, or into the backside, and this was
done 6th iiibtant. At night, I having moved for the taking of evi
dences, which was in words owned, went to the secretary for
summonses, intending to begin with Lieut. Hall and Thomas
Wiggiu, he refused to give summonses, but first (I suppose) must
inform somebody, I was sent for by the marshal, huffed and hec
tored strangely, threatened, &c. in fine, must give bonds to the
good behaviour. I refused; thereupon he made and signed my
mittimus to the prison, though by the way, I know not how, was
also dropped at and confined to Mr. Moodey's chamber, where we
have been these two nights, very cheerful together.
Poor Wadleigh, who was left to the governor's mercy, is come
out upon security for forty pounds money, and your Gove for a
like sum, only William Partridge is to do it in work, building and
fencing, &c. The actions go ou, aud are turned off hand apace,
twelve at a clap, after the old manner. Roby, though a justice, is
still of the jury. A new trick is on foot. Several of us that were
executed upon, and paid our money the first suit, are sued again
for illegal withholding possession, though the marshal (who was
by execution required to give possession, never came to demand
it;) the issue of which we know not, matters being yet depending.
9th. The prisoners Vaughan and Mr. Moodey were fetched
out of prison to plead their cases at thecourt. Messrs. Cutt, Daniel,
John Partridge and myself and Mr. Moodey were sued, and all
cast, but the last, who had something particularly to say, aud so
he cast Mr. Mason, though we thought we all said enough to cast
him, — viz. that he had an execution for the land sued for, and
when he levied his execution might have taken the laud also,
with many other things, (enough of, we thought,) to have turned
the case against him, before auy indifferent judges and jurors, but
thus we are treated.
But above all, our minister lies in prison, and a famine of the
word of God coming upon us. No public worship, no preaching
of the word, what ignorance profanes, and misery must needs en
sue ! By the premises, you see what need there is you should be
vigorous and speedy as you may, about your business, to do what
may be to the preventing of utter ruin.
My imprisonment is a present stop to the getting what evidences

47S APPENDIX.
is needful, and it is like we shall not make any further attempt
here, but with what convenient expedition, will be done what is
needful aud necessary. Mr. Martin was sued at the court in two
actions, one by Mr. Masou, for fines and forfeitures, collected and
received by him as treasurer, from seventy-nine to eighty-two,
and another action, by the governor, for fines, &c, from April,
eighty-two. He is cast in both actions, to the value of about
seventy pounds, although he pleaded, that what he received was
disposed by order of the authority which made him treasurer, and
had as good commission from his majesty, as that was in being ;
neither did it legally appear, that either Mr. Mason or the govern
or have any right to fines aud forfeitures, the king appointing all
public money to be disposed or improved for the support of the
government : however it is but ask aud have ; their demands in
any case have the force of an execution.
10th. The sabbath is come, but no preaching at the Bank, nor
any allowed to come to us, we had none but the family with us,
the poor people wanting for lack of bread. Motions have been made,
that Mr. Moodey may go up and preach on the Lord's day, though he
come down to prison at night, or that neighbor ministers might be.
permitted to come and preach, or that the people might come down to
the prison and hear, as many as could, but nothing will do; an unpar
alleled example amongst christians to have a minister put out and no
other way found to supply his place by one means or other. ' Mr. Fry
er was severely threatened for refusing to subscribe Mr. Moodey's
commitment, but hath obtained fairly a dismission from all public
offices. Justice Edgerly also cashiered, and bound over to the
• Quarter Sessions.* It is said that Justice Green is much afflicted
for what he has done, but Roby not. Peter Coffin can scarce
show his head in any company. f
14th. News came from the fort at Casco, that there was great
danger of the Indians rising, which hath occasioned a meeting of
the council and some discourse, but hear no more since, and hope
it may vanish.
15th. Good Mrs. Martin was buried, being not able to live
above one sabbath after the shutting up the doors of the sanctua
ry. Somebody has said that the imprisoning of the minister is
none of his work, he did but constitute the court, they did it them
selves, though also hath said he would have done it himself if
they had not
* [Tho. Edgerly was, by the governor's order of the sessions, discharged
from being justice of the peace, and of being in any other public employment.
Records of Court of Q. S.]
t Mr. Moodey, in the church records, remarks thus on his judges. ' Not
long after, Green repented, and made his acknowledgment to the pastor, who
frankly forgave him. Robie was excommunicated out of Hampton church,
for a common drunkard, and died excommunicate, and was by his friends
thrown into a hole near his house for fear of ah arrest of his carcase. Bare
foote fell into a languishing distemper, whereof he died. Coffin was taken
by the Indians, (at Cochecho, 1689) his house and mill burnt, himself not be
ing slain but dismissed ; the Lord give him repentence, though no signs of it
have yet appeared.'

APPENDIX. 479
17th. Another sad Sabbath.
18th. Came Messrs. Mason, Barefoot and secretary, with Thur
ton who swore against me a false oath, of which I have enclosed
a copy. Thurton said he was sent for on purpose to give in his
testimony against me ; — they went away, and soon after came the
enclosed mittimus directed to Mr. Raines, who is sheriff and mar
shal in Mr. Sherlock's room, that have been out of favor of late,
though now it is said in favor, but not in place again. Mr. Est-
wicke is also put out of all office. Note, that when I went to
him for taking oaths, he said all oaths should be taken before the
governor and council, but now could send to justices to do it. We
had for some nights our key taken away from the chamber door
about 8 or 9 at night, but have since left off that trade. Sevvall of
Exeter is dead.* Several overtures were made this week to John
Partridge and William Gotten by Raines to come out of prison he
giving them 3 months time to provide money or any other current
pay, though they tendered fish, plank, &c. before they were put
in, they refused to accept.
24th. This sabbath our wives, children and servants came
down and spent the day with us in our chamber, and we yet hear
nothing said against it
25th. The marshal goes and levies upon John the Grcek'sf sheep
and cattle for the execution, for which he had lain about three
weeks in prison, and then came and ordered him to go about his
business, 15 sheep, sundry lambs, and two heifers seized for six
pounds odd money. This day also Mr. Jaffery having had sundry
warniugs the week before to clear his house because Mr. Mason
would come and take possession of it, went nevertheless to the
Bank upon business ; meanwhile came Mr. Mason with the mar
shal and turned all his servants out of doors, set another lock on
the door, and at night when his servants came home wet ; they
would not suffer them to come in, hut there lodged Mathews and
Thurton all night. Mr. Mason said, while about this work, that he
was sorry Weare had no more of this news to carry home with him.
The governor having sent to Mr. Cotton,J that when he had
prepared his soul, he would come and demand the sacrament of
him, as he had done at Portsmouth, already. Mr. Cotton, the
latter end of the week before last, went to Boston, and has been
out two Lord's days, already ; all is well with yours there, so far
as I can learn, I cannot go to see, else, might have given them a
visit One word more about my business. I am under imprisonment,
about Thurton's business, being seized by the marshal, and com
mitted, when in prison before, for not giving bond for the good
behaviour, though nothing charged upon me, any more than before,
vvhich you well know. I know nothing, but they intend to keep
me here endlessly. It is said, I must pay one hundred pounds, for
* TProbably Edward Sewall, who died in 1684.]
t [This person is called in the Records of the Court of Quarter Sessions,
John Greek, alias Amazeen.]
X [Rev. Seaborn Cotton, of Hampton.]

480 APPENDIX.
striking one of the king's officers, and must have my name re
turned iDto the exchequer, and must lie in prison, till the money
be paid, and I am discharged from the exchequer. The design
you may easily see, is to ruin me, and how vain my pleas will bp,
you may easily guess. Though I have many things to say, viz.
that Thurton was either no officer, or at least, not known to be so,
however not sworn, nor did I strike him in the high-way, as he
swears, nor is there any proof, but his own single testimony, which
how far it avails in such a case, would be considered ; it is also
worthy of inquiry, whether ever that law was intended for us,
here being no customs to be gathered, no exchequer to be applied
to, and therefore, howr these methods can be observed, is not in
telligible. You may easily imagine how things will be if I am
forced to comply with their humors. Pray consult, consider, and
see if something may not be done to put a stop to such arbitrary
proceedings, a trial on the place, by indifferent, unconcerned
judges and jurors, if, at least, there can any such be found, who
will not be forced into what some will have doue, but I shall not
need to instruct you. There you have better, counsel, then I can
give you, and of your fidelity to inquire and remit by the first,
what is needful on this account I doubt not.
I have given you but a taste, we that see it, know more than
can possibly be understood by those, that only hear, in a word
such is the height of their heat and rage, that there is no living for us
long in this condition. But we hope God will be seen in the
Mount. I should have inserted what fell oirt after the dissolving of the
rebelious assembly, there was discourse of constables, aud instead
of the freemen choosing as formerly, they took a short and cheaper
course, and at the Quarter Session, constables where chosen, and
to begin with Mr. Speaker,* he has the Honor to be constable for
Portsmouth, Capt. Gerrish, Lt. Anthony Nutter and John Wood
man, for Dover, John Smithf the cooper, for Hampton, John Foul-
som, at Exeter. Whether Mr. Speaker shall sew or fine, is not
yet determined. And now I am speaking of the General Assem
bly, must hint what was formerly forgotten, viz. that they con
vened on the Monday, and the choice of the speaker (their old
one) in words highly approved, and he complimented alamode.
Then a bill was sent them down, (of which if I can get it, being
now in prison, shall inclose a copy) which they talked a little of,
and then brake up for the night and went up to the Bank to lodge,
(the tide serving very well to go and come) the report of which
highly disgusted, and the next morning the answer to the bill ve
hemently urged, which was in fine a negative. Hereupon, in a
great rage, telling them they had been up to consult with Moodey,
an utter enemy to church and common wealth, with much, of like
nature, he dissolved them, which was done on the Tuesday, after
* [Richard Waldron, who, it appears from the Records of the Court of
Quarter Sessions, was appointed constable for Portsmouth, 5 February, 1683
-4, but refused to serve.]
t [John Smith, of Hampton. Records of C. Q. Sessions.]

APPENDIX.

481

which he came up to the Bank and gave order for a sacrament on
the next Lord's day, as you have heard, and since the assembly
men pricked for constables.
By the premises, you will see how the governor is making good
his word. He came for money, and money he will get, and if he
get it, you know^who must lose it, and how miserar1- must our
condition quickly be, if there be no remedy quickly provided.
He contrives and cuts out work, and finds evil instruments to make
It up, and these some among ourselves. Thus we are cloven by
our own limbs.
28th. Since Mr. Jaffrey was dispossessed, Raines offered him
for five shillings per annum quit-rent to Mr. Mason, he should
have his house again, provided he would own him proprietor, but
he refusing, it is said he shall never have it again. The talk
is, that his house must be court-house and prison both, and standing
so near the governor, it is judged suitable for both those ends,
that he may have the shorter journey to court, and the prisoners
may be always under his eye.
29th. John the Greek having lain some weeks in prison upon
execution, his goods having been levied upon, (as above) was by
Raines locked out of the prison, and bidden to be gone, but he
would not, keeps his quarters still with the other two. This day
his goods were sold by the marshal, and bought by Thurton.
Mr. Cotton* is come home from Boston. Great offence taken
here at a sermon he preached in Boston, on Acts xii. v. though
pleasing to the hearers.
March 2d. This day Mr. Jaffrey's goods were all turned out
of doors by the sheriff, &c. his man received and disposed of them.
Against Jaffrey there are two oaths taken, single oaths, but being
for the king, will pass, and orders are given for warrants to vp-
prehend him, he appears not.
March 5. It is said that they are going this day to Major Wak
dron's, to serve him as they have done Mr. Jaffrey, and it is given
out that the rest will be treated in like manner ; the court was ad-*
journed yesterday to the next month, probably that they might
levy the executions that are in bank before they cut out any more
work. Justice Green seems something troubled for sending the
minister to prison, and saith he will never do such a thing again,
but Peter Coffin saith it is a nine days' wonder, and will soon be
forgotten, but others think otherwise. If they go on thus, we
are utterly ruined, must go away or starve, if at least we be not so
confined that we cannot go away neither. I question whether
any age can parallel such actions.
In my last I sent you a letter to Sir Josiah Child, my master, of
which also you have another copy herewith. My design is, that
you carry the letter yourself, wait on him while he reads it, and if
he will please to hear you, (as I hope he may) that you amplify
matters, inform him what further intelligence you have, and attend
his direction, if God move his heart to do ought for us. This day,,
* [Rev. Seaborn Cotton, of Hampton. See page 107.]
63

482 APPENDIX.
the governor sent us word by the marshal that we must remove to
Mr. Jaffrey's house to-morrow, which house is made the prison—
We hope the news of the rising of the Indians will fall to nothing,
Ditto 5th. Thus far was sent you by way of Barbadoes.
It follows. The governor did say to a Salem man, that Moodey
might go out of the prison, if he would go out of the province, but
we hear no more since.
James Robinson under great wrath and in much danger only for
speaking something to Thurton (of -his being a pitiful fellow, &c.)
while said Thurton was active in turning out Mr. Jaffrey's goods.
6th. Matthews and Thurton hunted for Mr. Jaffrey, searched
in Mrs. Cutt's house, went into every room above and below stairs,
searched under her bed where she lay sick in it, but found him
not. They carried it very rudely and basely in their work. Mat
thews said he would catch him, or have his heart's blood, but he
was not there. Mr. Jaffrey's goods were carried to the other side
by night.
It is said that our imprisonment has much [alarmed] the whole
country, and made them more fond of their liberties. This night,
Matthews was beaten at Mercer's,* (some fuddling about it, it is
like) hut it is made a mighty thing on, said to be a deep plot,
deeper than Gove's, managed by strong heads, and abundance of
that nature, and because the persons concerned were under the
influence of Vaughan and Moodey, they should suffer for it, for
not teaching them better. Though we know no more of it than
you, nor is there ought in it worth notice, but thus we are treat
ed. The governor went up to the Bank and made great inquiries
about it. Capt. Pickering and others that were in the fray, are
bound over.
7th. They had six pounds, five shillings, of Obadiah Morse, by
way of execution. Raines was discarded, being put out of being
sheriff, &c. though he had his commission under the seal but the
other day. Matthews is made provost marshal (at least) in his
room, and Thurton, marshal's deputy. Good birds for such offi
ces. Lord have mercy upon us. They had also eighteen shill
ings from Samuel Case,! the rest is deferred, and he has put away
his goods and intends to remove or go to prison, and so we must
all. 11th. The Indian news occasioned an order to the trustees to
get ammunition, they came down and pleaded their time was up ;
it was said, you shall keep in during my pleasure. They said they
had no money of the towns in their hands, nor could any be rais
ed without a general assembly. Then lay out your own money,
or else wo to you ; and this they are fain to comply with.
He said and swore that if Mason would not acknowledge a
judgment next court, of six hundred pounds, he would take all his
business from him, and sue in his own name. He swore he would
turn out that rogue Ellet, who is as bad as any other.
Mr. Waldron being sent for by warrant to come before the jus-
* [Francis Mercer, who was analehouse keeper.]
t [Probably Cass,]

APPENDIX. 483
tices to take the constable's oath, appeared before Mr. Mason and
Capt Barefoote, but excusing it, and giving good reason, was dis
missed upon paying five pounds ; hut poor Capt. Barefoote was
most fearfully rated at for his labor, many oaths sworn that Wal
dron should either take the oath or either take up with a goal. —
The next day, (though the justices, whose business it is, had fair
ly dismissed him) he was convented again, the oath tendered, he
threatened with a prison immediately, but told them he knew the
law better than so, then they took his own boud to answer it at
quarter sessions, and so far of that matter as yet. Another consta
ble is chosen, viz. Capt. Pickering, though he has as yet waived
the oath, having lately served in that place, and pleading his be
ing bound to good behaviour for that last fray. He talks much of
frigates to scare the poor people.
14th. Council sat, and could not agree about raising money,
which highly provoked somebody. They said the general as
sembly only could raise money.
The governor told Mr. Jaffrey's negro he might go from his
master ; he would clear him under hand and seal ; so the fellow
no more attends his master's concerns.
15th. This day the secretary was iu a great rage turned out of
all his offices, except secretary to the council, (an empty name,
little profit) and the books sent for out of his hands. He is much
concerned and dejected.
I am credibly informed, and you may believe it, that the gov
ernor did in the open council yesterday, say and swear dreadfully,
that he would put the province into the greatest confusion and
distraction he could possibly, and then go away and leave them so,
and then the devil take them all. He also then said, that Mr. Ma
son said he would drive them into a second rebellion, but himself
would do it before; and I wonder he has not; such actings are'
the ready way, but God hath kept us hitherto, and I hope he
will do so still. He also said and swore that any person that
should have any manner of converse with us, or any of our mind,
he would count them his utter enemies and carry toward them as
such. ,.,.,,
17th. The governor having formerly prohibited the prisoners
from making shingles, went himself this day to the prison, and
prohibited John Partridge from making shoes ; bade the marshal
throw them into the sea.
This day Raines being not willing to give up a warrant that he
had executed, during the short time of being sheriff, was sent for
by the governor, and not appearing, the governor came to his
chamber, and did beat him dreadfully, and bade the marshal carry
the rogue to jail. He remains out of favor still. The governor
also went over to Capt. Hooke's, and got him to give warrants to
the constables on the other side, to search all houses for Mr. Jaf
frey, and bring him over, but they found him not, nor is he yet
found, though proclamation was made at Wells court, for his sei
zure, though not yet done.
March 18. This morning came Matthews to our chamber, and

484 APPENDIX.
said the governor sent him to carry me to the prison, where I am,
where I still lie ; being put in only for Thurton's action, and kept
in, though I offered security to respond it. I think they have let
fail the other about the good behaviour, seeing they can make
nothing of it, and before my coming in, John the Greek's bed, &c.
was turned out of prison, and he forced away, who would not de
part before.
21st. Mr. Martyn came to discourse about the money he was
cast for, which they have not yet levied upon him, but intend to
lay it upon all the old council equally, that each may bear his
share. At same time, the governor told Mr. Martyn that he would
send his execution. Said Mr. Martyn, you know it is not my due
to pay the money. No matter, (said he) / want money, and will
have it. But / have none, said he ; then I will take your house. —
He added also, to Mr. Martyn, that he was a church member, and
he would watch him and all such, and be sure to pay them off if
he could catch them.
22d. The sorest storm and the highest tide that ever was known.
Many thousands of pounds damage in Boston, and much here. —
The bridge to the Great Island broken off in the middle, to the
great joy of many.
24th. The governor went to Boston in Fox's sloop, intending
thence to New- York, pretending to discourse Colonel Dungan, and
bring down two hundred Mohawks to kill the eastward Indians.
What is at the bottom, or will be the issue, God knows. He had
a cold treat at Boston, staid not a night in town. Since his go
ing, we have had little news worthy of your notice, but afy things
have been very quiet hitherto.
I have not enlarged upon these particulars to my master Child,
but if he will take any notice of the thing and be concerned about
it, he will then give you opportunity of discoursing him, and you
may inform what is further needful.
31st. This month passed out and the other came in, without
any noise, unless the great joy that was at the Bank, by Mr. Moo-
dey's going up thither, and my going once or twice after, with
our keepers, by Mr. Mason's permission, who presides in the gov
ernor's absence, but we soon returned to the place from whence
we came.
April 8. Nathaniel Fox, who married Mrs. Stiletnan's daugh
ter, sent Matthews to arrest Capt. Stileman for his wife's portion,
.(though it was often tendered him in such pay as the court order
ed it, but he would have it in money.) Capt. Stileman gave his
own house and all that was in it, for security to answer the action,
but Matthews bringing Thurton with him at his instigation, who
was terribly insolent, they arrtsted the woman, Mrs. Stileman, and
carried her to prison with much violence and coarse usage, though her
husband had given security. She was carried in the evening. Capt
Stileman wrote to Mr. Mason ; he protested against it, and wrote
to the marshal, it would not do. He went again, and Mr. Masou
wrote again, but to no purpose ; they kept her there till the next
morning ; a thing not to be paralleled in the English nation ! —

APPENDIX.

485

Complaint hath been made, but no remedy. Abbot being up at
the Bank with me, Thurton took the key of the prison, and when
Abbot came, would not permit him to go in, but turned him away.
Brave doings ! No tongue can tell the horrible imperiousness
and domineering carriage of that wretch. The next morning,
Mr. Mason (much ado) got Mrs. Stileman out, and the jailor into
his^ place again.
Mr. Mason gave leave for any minister to come and preach at
the Bank, so that we got Mr. Phillips* for two Lord's days, viz.
13 and 20th, having been nine Lord's days without a sermon.
April 14th. Came H. Greene to Mr. Moodey's chamber, and
made a confession of his fault, and begged his pardon for putting
him in prison, and said he would get him out quarter sessions, &c.
_ Good words, but  . Capt. Barefoote went to the prison, and
told John Partridge that if he would give an order to allow so
much as his charges came to, out of what the provinces owed him
about Gove, for the soldiers, &c. he should come out of prison,
and they would pay him the remainder, the whole being about
thirty pounds, but he was not forward lest he should in so doing
quit them of false imprisoning him; but if they would do it them
selves, stop so they might. Nothing is done in it.
15th. Matthews and Thurton were sent to Hampton to levy
executions and serve attachments, and warn jurymen for the court
in May.
They arrested severs, among which Captain Sherburne one,
warned the old jurymen, executed upon William Sanborn, took
four oxen which were redeemed by money, drove away seven
cows from Nathaniel Bachiler, went to your house, met your son
Peter going with his four oxen into the woods, commanded him
to turn the oxen home, he would not ; they cursed, swore, drew
upon him, threatened to run him through, beat him, but he did
not strike again. They came to your house, were shut out, your
wife fearfully scared for fear of her son who was out with them.
At length she let them in, laid three pounds on the table, which
they took, and then levied on several young cattle, but released
and left them. Your son "clime hither to advise, but complaining^
is bootless, such a dismal case are we in. They took away two
beds from old Perkins, but his son offered his person, and they
took it, and quitted the other ; what more they did there we as
yet hear not.
Capt. Gerrish, John Woodman, Lieut. Nutter and Nathaniel
Bachiler are sworn constables.
17th. I went to Mr. Mason at Capt. Barefoote's house and had
several witnesses with me, and desired him to take depositions
that I might send them home, about my case and the rest of the
cases, but he refused. The governor had put me in prison when I
asked him, and now in his absence, the deputy governor denies to
grant them. I hope this will be matter of just complaint, that we
should be hindered from applying to bis majesty for relief under
* [Rev. Samuel Phillips, of Rowley.]

486 APPENDIX.
our oppressions. You will have evidence of his denial sent home,
sworn before some of the Bay magistrates. We can do no more
unless the Bay should assist us, which they are loath to do, and
we are loath to put them upon, as matters are circumstanced with
them ; but we think it should be taken very heuiously by all that
love justice and willing to administer it, that his majesty's subjects
should be thus treated. Surely they are afraid or ashamed of their
actions, (and they may be both) else they would not be so shy of
having them known.
This is what offers here ; what more needful, cousin Waldron
will advise from Boston. With due respects remain,
Your assured friend and servant.
For Mr. Nathaniel Weare, in London.
A discourse with the governor about my imprisonment, May, 1684.
[Subjoined to the foregoing letter.]
At a sessions held the 6th May, 1684, I was denied counsel,
and to have witnesses sworn. Mr. Waldron, Captain Stileman
and Captain Frost were presented.
10th. The governor was with me in prison. Mr. Chamberlain,
Mr. Hinkes and Mr. Sherlock with him.
The governor proffered me, (that whereas, I was fined by the
justices in Thurton's case, that I might think they had not done
me right,) that if I would prosecute it (giving security so to do,) in
the king's bench, at Westminster, the exchequer, or before king
and council, I should ; though by his commission he could not do
it. My answer was, unless I could have security given me, that in
case I should recover, I might have my charge and damage made
me good ; it would be of no benefit to me. He said there was
no reason for that, because it was for the king ; though it was his,
because Mr. Mason had resigned up to the king all fines and for
feitures, and the king had given it to him. But he said, if I would
deposit a valuable sum he would do the like, and would give bond,
and have it tried as abovesaid. My answer was, I thought the
forty pounds was enough, and that I expected execution would
come out at the time, and should endeavor by the time, to provide
enough for it, but withal, told the governor it was at his liberty to
remit it, if he pleased,'by virtue of his commission.
Also, for my being in prison for not giving bond for my good be
haviour, when the sessions came I was not brought to my trial for
that, but remanded to prison again.
At ditto, time the governor told me he had put me in prison on
that account, and he would abide by it, till I would give two hun-
¦dred pounds bond. My answer was, I had rather lay in prison,
than give bond to tempt such a fellow as Thurton, (or such others)
that had sworn against me already, and falsely, and judged it might
be no scruple to him to do the like again. And withal, told him,
that if his honor pleased to let me out of prison, I would engage
myself, by bond, to live out of the province, though that would be
very detrimental to my concerns, and by that, I hoped he would

APPENDIX. 487
have no thoughts of my misbehaving myself, that would be detri
mental to the king's government here, or himself. Not that I
scrupled giving bond for my good behaviour, though not accused
for any thing, but for laying a temptation to some base minded
person or persons to forswear themselves, as one had done before,
in another case relating to me.
_ May 12. Was informed, that whereas, Thurton had a commis
sion to be prison keeper, (and withal, had vapored, and said the
prison was too good for Vaughan, and the room that he had fitted
up, did intend to keep it himself, and that Vaughan should take
his quarters where he would assign it, and that the prisoners should
not be waited on as Abbot had done, for he would keep them
locked up, only come morning and evening,) lost his pocket book,
wherein was his commission and sundry papers of concernment.
(The original of this letter and journal is in the hands of the Honorable
President Weaie.)

No. 45. Copy of a letter from the governor and council to the lords
of trade.
Province of New-Hampshire, May 23, 1684.
May it please your lordships, —
Since Robert Wadleigh is returned from England, having lately
had an appeal dismissed by the council-board, by taking advantage
of Mr. Randolph's absence, who was attorney for the parties, he
hath put the people of this province into such a ferment and disor
der, that it is not possible to put his majesty's commands in execu
tion, or any ways govern them. And, though notwithstanding, in
obedience to your lordships' commands, we have called an assem
bly, (a copy of the proclamation for that purpose being herein in
closed,) we cannot think it prudent or safe to let them sit ; they
being of the same ill humor, or worse, as when Gove went into
arms, his design being hatched at the time the assembly sat. And
it looks more like a design, they having those four constables into
the assembly, that the king's peace may not be preserved, (the
whole number of the assembly being eleven :) This Wadleigh
being formerly an assembly man, and hath three sons condemned
in Gove's rebellion, (and himself now chosen again ;) the oldest
of them I have pardoned, one of them is dead, and 'the other I
keep in prison till I receive your lordships' further order. All the
other offenders being pardoned. Major Waldron's son is constant
ly of the assembly and speaker, (this being the third that hath
been called.) I wish his majesty's clemency do not cause some
great mischief to be done here. They have never given two
pence* to the support of the government, and that very rate that
was made in the time of presidents Cutt and Waldron, we have
according to his majesty's royal commission continued ; but do not
think it safe to publish it, unless we had strength to countenance
*The first assembly voted two hundred pounds to the governor, but it ia
not certain that he accepted it though he consented to the act.

488 AFPEiNDIX. I
our proceedings. This we conceived it our duty to inform your
lordships, and are, May it please your lordships,
Your most humble and most obedient servants,

The appellants claim by grant from '
Mr. Mason ; and as for Wadleigh,
he hath been these sixteen days
in the country, and though I have
heard much of him, I have not
yet seen him.
To the right honorable, the lords of the committee
of trade and plantation, at Whitehall,
(From the Council Records.)

EDW. CRANFIELD,
ROBT. MASON,
WALT. BAREFOOT,
R. CHAMBERLAIN,
JOHN HINKS,
JAMES SHERLOCK,

No. 46. Copy of a letter from Cranfield to Sir Leoline Jenkins,
of the same dale.
May it please your honor, —
We humbly beg, after your honor hath perused this letter to the
lords of the council, you would be pleased to lay it before their
lordships, and desire their lordships to come to some speedy reso
lution ; for it is no longer in my power to promote the honor and
interest of his majesty here, without a small frigate to second his
majesty's broad seal and other his royal commands. As to the pi
rates, your honor may be assured, that myself and the council will
punish them according to their demerits, if they shall at any time
happen to come within this jurisdiction ; and carefully obey all
other commands which shall be sent unto,
May it please your honor,
Your honor's most humble and most obedient servant,
EDW. CRANFIELD.
I most humbly beseech your honor by the first opportunity, to
send the king's letter to give me liberty to go off to Jamaica or
Barbadoes for my health ; finding so great a weakness in my legs,
which indisposition hath been contracted by the severity of the
cold.
To the Right Honorable Sir Leoline Jenkins, one of his ).
majesty's principal secretaries of state at Whitehall. J
(The two preceding papers are in the council minutes, second book.)

No. 47. Copy of Nath'l Wearers first complaint against Cranfield.
Tq the king's most excellent majesty, and the lords of his mosthon-
orable privy council, —
The humble representation of Nathaniel Weare, inhabitant and
planter in your majesty's province of New-Hampshire, in New-
England, in America, on behalf of himself and other your majes
ty's loyal subjects, inhabitants and planters there, whose names
are subscribed to the four annexed petitions, as follows :—

APPENDIX. 489
1. That the honorable Edward Cranfield, Esq., your majesty's
governor of the said province, upon his first entrance on that gov
ernment, in order to the enlargement of his power as governor
there, beyond the just bounds and limits your majesty was by
your royal commission pleased to set him, and to engross the whole
power of erecting courts, with all necessary fees, powers and au
thorities thereto, into his own hands, exclusive of the general as
sembly there. The said Mr. Cranfield, at the first general as
sembly there, when the words of his commission ran, ' And we
' do hereby give and grant unto you full power and authority to
' erect, or constitute and establish, such and so many courts of ju-
' dicature and public justice within the said province and planta-
' tion, within your government, as you and they shall think fit and
' necessary for the hearing and determining of all causes, as well
' criminal as civil, according to law and equity, aud for awarding
' execution thereupon, with all reasonable and necessary powers,
' authorities, fees and privileges belonging unto them,' caused his
commission to be entered in the council books there, and deliver
ed a copy thereof to the general assembly without the words [and
they,] affirming those words to have been put in by mistake of
the clerk, in engrossing the commission ; whereby the said Mr.
Cranfield has enhanced the fees upon trials there, to his owu ad
vantage, as will appear in one of the articles following.
2. Although your majesty has been graciously pleased by your
said commission to interpose between the inhabitants of the said
colony and Mr. Robert Mason, pretended proprietor thereof, and to
direct —
'. ' That on non-agreement between those inhabitants and Mr.
Mason, the said Mr. Cranfield should interpose, who if he could
not end the differences between, was by the said commission di
rected to transmit to England such cases impartially stated, with
his opinion and reasons on the same, that your majesty with advice
of your privy council, might hear aud determine the same.' That
nevertheless, the. said Mr. Cranfield, instead of keeping himself
indifferent between the contending parties, Mr. Mason and the
said inhabitants, hath by purchase or mortgage from Mr. Mason,
made himself owner of the province : And the better to come by
what he hatbso purchased, he hath uuder color of the authority of
your majesty's commission, made courts, whereof both judges and
jurors have agreed with Mason for their own lands, and some of
them have taken grants from Mason of other men's lands. That
nevertheless this jury is continued from month to month, and kept
for this service.
That Mr. Mason has cast forty persons on suit by that jury, the
court rejecting all pleas, and though the verdict be given for Mr.
Mason according to your majesty's royal commission, (which di
rects as before) and the judgment entered accordingly, yet, upon
the execution the inhabitants are turned out of their lands and
houses, as it hath fared with Wm. Vaughan and others, and de-=
prived of all subsistance.
3. That the charge of every action is raised from 20s, to 6*,,
64

490 APPENDIX.
which is exacted in money, and though goods tendered, (as usual)
the persons are imprisoned for want of money in kind, and Mr.
Cranfield himself, takes  of the 61.
4. That the said Mr. Cranfield, under color of trying actions,
has, by setting the fees so extraordinary, forced several to quit
their claims, for want of money to carry on the suit.
5. That the said governor taking upon himself the power of
priceing money not eutrusted with him by his commission, hath,
against the agreement of the general assembly, by advice of his
council, ordered pieces of eight, however wanting in their weight,
to pass for 6 shillings.
6. That the said governor, without good and lawful cause, hath
taken upon him to commit several men to prison, particularly Wm.
Vaughan, until bonds given for their appearances and good beha
viour, when nothing further objected to them.
7. That the said governor and his council, took upon them to
make laws and put them in execution, without the general
assembly. 8. That to prove the articles above, against Mr. Cranfield, the
complainants have successlessly endeavored to procure warrants
or summons from the secretary, to summon their witnesses to be
sworn, (which cannot otherwise be so) the seeking of such sum
mons has occasioned being bound to the good behaviour, so as
the complaining of a wrong done one, does, under Mr. Cranfield's
management, but draw a new punishment on the afflicted, but no
manner of redress.
All vvhich, the said Nath. Weare, humbly lays at your majesty's
feet, imploring your majesty's present hearing what your petitioner
is able to make out of the premises, aud ordering some commis
sion to examine the truth of the residue of the said allegations
(since your majesty's governor on the place will not admit of such
evidence.) That on the return thereof, your majesty's subjects in
that province, may find such relief as to your princely wisdom
shall seem meet.
And that, in the mean time, Mr. Cranfield, be admonished not
to exceed the bounds of his commission.
And your petitioner shall ever pray, &c.

No. 48. Reference of the same,' to the Lords of Trade.
At the court at Hampton court, this 11th day of July, 1684.
By the king's most excellent majesty, and the lords of his majes
ty's most honorable privy council.
Upon reading this day at the board, the petition and complaint
of Nathanial Weare, inhabitant and planter in his majesty's prov
ince of New-Hampshire, in New-England, in America, in behalf
of himself and others, his majesty's loyal subjects and inhabitants
and planters there, whose names are subscribed to the four peti
tions thereto annexed against Edward Cranfield, Esq., his majesty's
governor thereof ;
His majesty was pleased to order, that the said petition and

APPENDIX. 491

complaint be, and they are hereby referred to the right honorable,
the lords committees of this board for trade and foreign planta
tions, who are to consider thereof, and to report to his majesty at
this board their opinion thereupon, and then his majesty will de
clare "his further pleasure.
PHILIP LLOYD.
A true copy.
(The two preceding papers, are in hands of the Hon. President Weare.)

No. 49. Letter from the Lords of trade to Edward Cranfield
After our hearty commendations to you. His majesty having
received the petitions and csmplaints of divers of his, subjects,
inhabitants and planters of New-Hampshire, against you for cer
tain irregular proceedings alleged by them to be had by you, in
the execution of your commission and administration of justice ;
and it being ordered in council, that the said petitions and com
plaints be examined and considered by us, that we may report to
his majesty our opinions, to the end his majesty's further pleasure,
may be signified thereupon. We have, therefore, herewith sent
unto you copies of the said petitions and representations, that you
may return your particular answer thereunto with all speed, and
that we may the better distinguish the truth of what is alleged or
complained of, and of such defence as you shall be able to make.
We do think fit, that all persons whatsoever, have free liberty to
depose upon oath what they know, and to take copies of all re
cords, in these or any other cases relating to yourself, or the said
province, and that the said depositions be taken in writing by any
member of the council or justice of the peace in that colony,
whom you are duly to authorize thereunto, and as we cannot be
lieve that you will put any restriction or discouragement whatsoev
er, upon the taking and transmitting of all necessary proofs and
records, attested by the proper officers, for the clearing of truth in
the matters complained of, so we think it requisite, that copies of
all affidavits he interchangeably delivered, to each party concerned
as soon as they shall be taken, and so not doubting of your com
pliance herein, we bid you heartily farewell.
From the council chamberin Whitehall, this 23d day of July, 1684.
Your very loving friends,
Radnor. Guilford, C. S. Halifax, C. P. S.
Craven. Rochester. Ernie. Godolphin.
L. Jenkins.
To our very loving friend, Edward Cranfield, Esq., Lieutenant
Governor and commander in chief of his majesty's province of
New-Hampshire, in New-England. A true copy,
WILLIAM BLATHWAYT.
(This paper is in the council minutes 2d book.)

492 APPENDIX.
No. 50. A Brief, containing the substance of the affidavits, objec
tions and replies at the hearing before the Lords Committee of the
Council for Trade and Plantations, 10th of March, 1684-5.
[Not inserted in the former editions.]
To the first article of the complaint, Anthony Nutter and John
Woodman, depose —
That Mr. Cranfield declared in the assembly, that the words
[and they] were inserted in his commission by mistake, and
dd. a copy without those words. That Mr. Cranfield accord
ingly made Capt. Barefoote a judge of the pleas and chief justice
of the province, without the council's advice, and appointed a
court once in every month. That the fees for trying all actions
were first set at 20s. A former bill of costs in the like case but
£ 1 Is. Another but £ 1 10s. But now there is added to that
20s. by the said judge, £5 Is. 2d. in Mr. Mason's case.
Note. The costs are signed by the judge and not by the gov
ernor. Note. The witnesses in Mason's cases were always some of
th<; jury.
1st Objection. That the assembly were of opinion, that the gov
ernor alone had the power of erecting courts of judicature.
Answer. That in November, 1682, the assembly then dispu
ted this matter, and the order produced has no date. Besides,
Tipping signs the assembly's acts, and this is only signed by
Chamberlain. 2d Objection. Mason swears that the governor gave copies of
his commission, with the words [and they] inserted. Mr. Elliot
swears the same. And that the council set the fees, which the
governor afterward allowed.
Answer. The council were at the governor's pleasure.
3d Objection. Walter Barefoote, the judge, swears that the
late president and council took 20s. for every action, before it
should be called, and there is now no more taken. And the
plaintiff's or defendant's costs or charge, were, as now, taxed by
the court, and are very reasonable. That Waldron, when judge,
made Randolph pay £8 2s. 6d. costs, in a trial for the king, be
sides damages.
Answer. 1. That the fact is otherwise, as will appear, costs
being now altered, £3 to Mr. Mason, in every action, and 12 of
them in a day tried. 2. That Randolph's costs were for a special
court for that one trial.
To the second.
Note. That at first, Mr. Cranfield gave public notice that all
persons might come in, and agree with Mr. Mason. But, John
Winget, Thomas Rogers, and Elias Stileman, deponents, came
in, and the governor would not intermeddle.
Reuben Hull, deposes, — That Mr. Cranfield owned he had
bought the province of Mason.
William Vaughan and Richard Waldron, — That he shewed his
deeds from Mason, of purchase of that province, to the deponents.

APPENDIX. 493
Nathaniel Foulsham proves possession given Mason of Capt.
Oilman's house and lands.
Benjamin Moulton and William Fifield— The like of San-
burn's house and lands, and the imprisoning of Sanburn.
No more turned out of possession, but executions granted
against several.
To the third.
The raising of the costs from 20s. to £6, is proved in the first
Nathaniel Weare. — To prove that costs were, before, always
taken in goods, and not in ready money, and that where goods to
be had, the persons never taken.
John Pickering and William Cotton. — That for Cotton's costs
to Mason, plank or other goods would not be taken, but for want
of money Cotton was imprisoned.
Christopher Noble. — The same fully.
H. Axwell, John Partridge, William Cotton and Richard Nich
olas. — That Partridge's costs, goods tendered as before, but re
fused, and Partridge imprisoned ; that he was forbid to work in
prison, and forced to live upon his friends' charity.
John Geare and Walter Windsor. — The same to Thomas Pick
ering. John Smith. — The same to Christopher Hussey.
Mr. Weare knows him to be 86 years old.
To the fourth.
Jacob Perkins and Timothy Hilliard. — That seeing how others
were dealt with, by Mr. Mason, by imprisonment for want of mon
ey to pay court charges, they were forced to yield to Mr. Mason's
demands. To the fifth.
14 Nov. 1682. The general assembly ordered pieces of 8,
rials and dollars, to pass at 6s. 8d. per ounce, troy weight
4 Oct. 1683. Mr. Cranfield and his council reciting an act of
January then last, but must intend that above, of November, order
those pieces should go at 6s. apiece, without respect to the weight,
so that some dollars not worth 3s. by weight, pass at 6s.
William Sanburn, swears, he lost 16s. in receiving £5, Spanish
money, by reason of the order above.
Jacob Browne.— That he lost a 6th part of £5, Spanish money,
by reason as before.
Objection. Mason swears, that he first proposed to the govern
or and council, putting a value on Spanish money, as it is at Lon
don his majesty's mint. That the council agreed thereto, and the
governor approved it.
Walter Barefoote and Robert Elliot swear the same.
Answer. 1. It is pretty bold swearing he first proposed it—
2. His proposing it, does not make it lawful for the governor and
council to do it without the assembly.
To the sixth. ,T , . • *-i « ™«
The mittimus for sending Mr. Vaughan to prison, until J 500
bail to the peace. Oct. 22, 1683. No crime alleged, nor partic
ular breach of the peace.

494 APPENDIX.
Upon this commitment, the jailor took Mr. Elliot and Mr. Dan
iel's bond for his appearance.
The same day Mr. Vaughan was discharged from being of the
council. The next day, the governor, by a new warrant, taking notice of
the bond taken by the jailor, and that the taking such was an es
cape in the jailor, orders his commitment anew, until he give
i2 500 security for the peace and good behaviour.
25 Oct. 1683. Mr. Vaughan and Mr. Daniel gave the govern
or a recognizance of .£500, conditioned for Vaughan's being of
good behaviour and keeping the peace, and should appear at the
next quarter sessions, to ansiver what should be objected against
him. 6 Nov. 16S3. At the next quarter sessions, Mr. Vaughan ap
peared, but there being no prosecution he and his bail were dis
charged. Objection. 24 Oct. 1684. Thurton swears, that in Septem
ber, 1683, he desired Mr. Cranfield to bind Mr. Vaughan to his
good behaviour, for beating him, so as he durst not execute bis
office. Answer. That this was not thought of at the time of his com
mitment, for if it had, Mr. Cranfield must have bound him to good
behaviour expressly to said Thurton, which he did not.
February, 1683. One Joseph Dow, and other jurymen, pass
ing by the governor's house, were invited in, and friendly receiv
ed. But on asking the question, whether they might not, when
they were sworn (as before they had done) hold up their hands,
instead of kissing the book, the governor fell into a rage, and ask
ed them how they came there. To whom Dow replied, " at
your honor's invitation." That Mr. CraDfield complaining of this
matter to the next court, as a riot, Dow was forced to give £ 100
bond, for his appearance next sessions. When Dow appeared,
nothing being alleged against him, he was discharged and his arras
restored. But at a another session after, Dow was called again,
on the same bond, and the penalty was estreated against him, and
he forced to fly out of the province, with his wife aud nine chil
dren, leaving his house and grounds, with the corn in the ground,
to the governor. This, Mr. Vaughan and Mr. Weare can also
prove. February 6, 1683-4. The governor again committed Mr.
Vaughan, for want of security for his good behaviour. Upon
¦which Mr. Vaughan lay in prison nine months.
Peter Coffin swears, February, 1683, That Vaughan demeaned
himself civilly to the governor, and offered to give security to the
peace, if the governor could give one instance wherein he had
broken the law. But the governor, in great heat, charged him
with having gone to Boston, with a mutinous' petition to his maj
esty, and said he would make a good haul of it, and get £ 100 of
every man that had signed that petition, and then ordered his com
mitment, as above.
August 5, 1684. Mr. Vaughan petitioned the president Bare-

APPENDIX. 495
foote, and the rest of the justices, at the then quarter sessions, that
he might be brought, by habeas corpus, to answer to what should be
objected, and so be either acquitted or condemned.
August 5, 1684. Mr. Cranfield writes to that court, and in
stances many crimes, in general, against Mr. Vaughan, as promot
ing tumultuous petitions, &c, and then requires their binding
him over to the next sessions ; and then concludes, not doubting
of their care, that he wholly left the determination of it to them,
urging, that, if he denied the matter, he had evidence to prove it.
The same day, the court continued him in custody accordingly.
September 16, 1684. Mr. Barefoote and the other justices, when
the governor was present, committed Vaughan to Hampton prison,
until he gave good security for his good behaviour, and for his ap
pearance next sessions, to answer misdemeanors to be objected
against him, on his majesty's behalf.
October 18, 1684. After two quarter sessions past, and noth
ing objected against Mr. Vaughan, when his majesty's letter came
over on Mr. Weare's complaint, Mr. Vaughan was released by the
governor's warrant, but to return to prison in two months.
September 12. 35 Car. 2. Mr. Joshua Moodey being to take a
journey out of the province, was forced to give a recognizance of
£200 to return in three weeks, if alive and well.
To the seventh.
- December 22, 1683. The governor and council order sale of
goods, taken on execution, to be sold by outcry, in 14 days.
That they impose taxes on the inhabitants, to £ 500, without the
general assembly.
That the justices empowered the marshals, by warrant, to levy
the same, on the constables' refusing.
That the justices fined the constables for not collecting the rates
— and that the marshals levied these taxes.
October 22, 1683. The governor and comp. order, no vessels
or sloops should come from auy other colonies, unless licensed by
him, which is, in effect, setting up a license office, whereby the
governor got as follows —
7 November 1684. Daniel Gent, master of a sloop of Boston,
swears, that he paid 2d per M., for 100,000 feet boards, landed at
Broad Island, in governor Cranfield's time, and never any thing
8 November, 1684. John Usher proves the same, paid for the
like, though Mr. Cranfield had, by letter, promised they should go
"^November, 1684. William Ardel proves the same, for the.
like. WiltiTm6 Vaughan and John Pickering.— Prove that, in Februa
ry, 1683, the secretary denied to swear their witnesses, or to at
tend the governor therein, or grant any summons for witnesses,
IrllL th-it the eovernor's secretary would not grant summons,
K k v Wto be sworn, to make out Mr. Weare's com-
plainCnor swear any that came in without summons, unless his

496 APPENDIX.
secretary might have the modelling of their evidence as he pleas
ed ; though his majesty had commanded affidavits should be taken
indifferently. 6 November, 1684. Thomas Wiggin and Thomas Graffort. —
Prove the denial of swearing twenty-eight persons, in the matters
in question.
And Mr. Vaughan was committed the same day, as appears by
commitment before, for desiring the same.
1 1 December, 1684. John Foulsham and Nathaniel Bachiler.-—
Swear that, in July last, the governor said he would fine all the
petitioners £ 100 each, and that it should be the best toll that ever
came to his mill.
11 December, 1684. John Partridge and Nehemiah Partridge 
Swear that the secretary denied them copies of several records,
the governor, in March, 1682-3, having ordered the contrary.
Objection. James Sherlock, swears that, the 16th October,
1684, Mr. Cranfield offered Major Waldron to call a council and
swear his evidences, before Weare went to England.
Walter Barefoote, the same, and that the governor offered him
what copies of records he desired.
Answer. This is true, in fact, the offer was made, but when
it was desired, Vaughan was committed.
(Found among Weare's MSS.)

No. 51. A brief of Cranfield's commission, and of the evidence, in
support of the complaint, and against it.
[Not inserted in the former editions ]
New-Hampshire, in New-England.
1. IX no. Maii, XXXIIIIto. Car. 2di. The king by letters
patent, under the great seal of England, constitutes Edward Cran
field, Esquire, lieutenant-governor and commander in chief of all
that part, of New-Hampshire province, in New-England, extend
ing from three miles northward of all or any part of Merrimack
river, unto the province of Maine.
To execute all things belonging to his commission, as per in
structions therewith, or such further powers and instructions as,
under his majesty's sign manual, shall be sent, and according to the
reasonable laws in being there, and such other as shall be made
and agreed on by him, with the advice and consent of the council
and assembly there, as hereafter.
2. Robert Mason, Richard Waldron, Thomas Daniel, William
Vaughan, Richard Martyn, John Gilman, Elias Stileman, Job
Clements, Walter Barefoote, and Richard Chamberlain, Esquires,
to be of his majesty's council there, and to assist in the govern
ment. Cranfield to take an oath for due execution of his office and
trust, to be administered by any five of the said council ; and he
to give the oaths of allegiance and supremacy, and the test in the
act for the prevention of dangers from popish recusants, and the
oath for due execution of their places and trusts.

APPENDIX. 497
3. Power of suspending members in just cause, five to be a
quorum. To certify vacancies by death, departure or suspension, that new
may be appointed under his majesty's sign manual.
Power to Cranfield, out of the principal free householders, to fill
up the council, when less than seven on the place, and not more,
till they confirmed, or others made under the sign manual.
Suspended or displaced members, not to be of the general assembly.
4. Power to call assemblies of freeholders, with consent of the
council, till further pleasure signified, which assemblies are to take
the oaths of allegiance and supremacy, or be incapacitated.
And the governor and assembly to make laws agreeable, as near
as may be, to those of England, to be allowed or disallowed by
his majesty, under his sign manual.
5. Governor to have a negative voice in making laws, with
power to dissolve and prorogue general assemblies at pleasure — to
use the public seal.
Power to give the oath of allegiance by himself, or others, to
whom he pleases.
Power to himself to erect what courts he thinks necessary for
law and equity in matters both civil and criminal. To make judg
es, justices of the peace, sheriffs, and other necessary officers, and
to administer necessary oaths tp them.
Power to pardon criminals, (except in treason and wilful mur
der,) and to reprieve therein also, until his majesty's pleasure be
known ; and to remit fines, &c.
6. Appeals to the king and his council, in all actions real and per
sonal, of above £ 50 value, and not under, the appellant giving good
bail, to answer costs and charges, which shall be awarded by his
majesty here, and execution not to be suspended by the appeal.
In cases of life or limb (wilful murder excepted) the party con
vict to be either sent to England or his case ; and execution res
pited until orders therein returned by the king or his council.
Power to levy men and transfer them from one place to another
in America.
7. To execute the office of captain general, and martial law in
time of war. The governor, with consent of the council, to erect
forts, platforms, castles, cities, boroughs, towns, and fortifications,
necessary, and the same to fortify or dismantle. Invasion to be
repelled by force of arms.
To discourage vice and encourage virtue.
Liberty of conscience to all protestants, and those of the church
of England to be principally encouraged.
8. The present taxes to be continued until the general assembly
fix others. Public money to be issued by the governor's warrant,
with consent of the council, and to be used for support of the gov
ernment, and not otherwise.
The governor to be vice-admiral of all the seas and coasts be
longing to his government, and to receive instructions therein frorn
the D. of Y. lord high admiral there.
65

498 APPENDIX.
Power to appoint fairs, marts, and markets, with advice of the
council. The like for ports, harbors, havens, &c. for shipping, &c. and
custom houses and officers for the same, and those to alter and
diplace, following the rules of the acts of trade and navigation.
9. All officers and inhabitants to be aiding to the governor in
execution of the said powers.
Power to appoint and displace a deputy governor ; who is to be
of the council.
The council to govern on the death of the governor, and in his
absence when no deputy appointed.
10. Recites that the land in New-Hampshire was held and im
proved by several, under title from the Massachusetts, since
evicted. And Mr. Robert Mason's claim thereto ; for prevention of whose
being unreasonable in his demands, his majesty had obliged him
under hand and seal, to demand nothing for the time past, until
the 24th June, 1679, nor molest any for the time to come, but
make them titles forever, paying 6d. per £. for the true yearly
value of all houses built, and of all lands, whether gardens, orch
ards, herbal or pasture, improved by them, which shall be bound
ed to them, provided Mason have the residue to make the best of.
11. On non-agreement between the inhabitants and Mason, the
governor to interpose, who, if he cannot end the differences be
tween them, is to transmit to England such cases, impartially sta
ted, with his opinion and reasons on the same, that his majesty,
his heirs and successors, with advice of the privy council, may
bear and determine the same.
The governor to hold his office and said powers, during his
majesty's pleasure, The commission of 18 September, 1679, to
be void,
William Vaughan will depose, that at a court on Great-Island,
6 Nov. 1683, Walter Barefoote, deputy-governor, Nathaniel Fry
er and H. Greene, judges, Robert Mason, plaintiff, W. Vaughan,
R. Waldron, N. Weare, and Eleanor Cutt, widow, defendants,
concerning title of lands, judgment was given for the plaintiff,
from which defendants appealed, and their appeals were admitted,
And the 16th following, Mr. Mason promised to attend at Mr.
Vaughan's house, to take the security, where the appellants and
security attended, but no Mr. Mason nor secretary. But appel
lants and security went and found out the secretary, to whom they
tendered security, who said he had no orders to take it, and re
fused taking it, whereby the seizin and appeal lost.
That in order for the trials for Mr. Mason's land ; 1. There is
a standing jury kept from month to month. 2. That by report,
those jurymen have agreed with Mason for their lands. 3. That
several pleas have been refused, and the defendants told p.
judges, they would not make record for them by entering their
pleas. 4. That the courts refused reading the stat 27 Eliz. c. 6,
sect 2, Coke's Inst lib. 2, eap. 12, p. 156, and other statutes.

APPENDIX. 499
17th Feb. 1682. The governor, Mr. Cranfield, by note affixt
on the church doors, gave notice, that if the inhabitants of that
province came not in within a month, to take leases from Mr.
Mason, pursuant to his majesty's commission, he would certify
the refusal to his majesty, that Mr. Mason might be discharged
from his obligation to grant such.
Signed, ED. CRANFIELD.
4th Jan. 1683. Joshua Moodey will depose, that Gov. Cran
field, about December, 1682, shewed the deponent writings, Under
the hand and seal of Robert Mason, conveying his right to New-
Hampshire Province to Mr. Cranfield.
4th Jan. 1683. William Vaughan and Richard Waldron, jr.
will depose the same.
4th Jan. 1683. Reuben Hull will depose, that in December
last, Mr. Cranfield said Mason had given him deeds for his prov
ince, which he had shewn to Mr. Vaughan and Mr. Waldron, and
intended suing Mason at the next court for the same.
William Fifield, jr., Richard Sanbourn, and Nathaniel San-
bourn, will depose, that in October, 1683, being at J. Sanbourn,
senior's, house, when Robert Mason, Sherlock, the marshal, and
James Leach, came to give Mason possession : when Sanbourn
not opening the door, Leach, per marshal's order, broke it open
and gave Mason possession, and Sherlock took Sanbourn prisoner.
When Mason openly told the people, " this is what you shall all
come to."
Thomas Wiggin swears, 13 April, 1683, that in March last, he
and Robert Mason and Robert Hall, being at Deputy-Governor
Barefoote's house, Mason said he would seize Major Waldron's,
Joshua Moodey's, John Partridge's and Capt Tippen's lands, who
should not have one foot iu the province, and that he would live
in Andrew Wiggin's farm, being a good one. That the people
had been in one rebellion, and he would force them into a second,
and then hang them. That shortly there would be a frigate there
with soldiers, whom he. would quarter in the province, at the peo
ple's cost, and that then they would rebel. That let Wadleigh go
for England if he would, New-England had now no friend in the
council or committee, but formerly they had the lord privy seal.
That he and his two sons would fight any six there, for the prov
ince, at sharps. Sworn before WM. VAUGHAN, Just. Peace.
13 April, 1683. Lieut. Robert Hall, justice of peace there,
swears the same, before Justice Vaughan.
14 April, 1683. Shadrach Walton swears, that about three
weeks before, he heard Mason say, that he looked for a frigate
with soldiers, and would quarter ten at each house, till they eat
up all the people's cattle and sheep, and beggar them, and that
then he should see what they would do ; and upon inquiry of the
reason why, said it was because they would not comply with him
according to his majesty's order. Said he would speedily seize
Major Waldron's, Mr. Moodey's and J. Partridge's estates, and
bade deponent tell Lieut. Nutter his estate was going after the
rest Sworn before W. VAUGHAN.

500 APPENDIX.
Against us.
27 Sept. 1683. R. Mason, R. Chamberlain, and Joseph Rayne
swear, that 25 Sept. 1683, in a trial between Mason and R. Wal
dron, the defendant excepted against the whole jury, and openly
told the people they were all concerned, that his would be a lead
ing case, and that they must all be Mason's tenants, and that they
being all parties, could not be of the jury. That Barefoote being
the judge there, would have committed him for the words as mu
tinous. That the said Waldron, in March, 1680, said they were
not the more bound to believe the king's letter, because the king
had writ it.
Thomas Philbrick speaks of some discourse between him and
Henry Greene, Esq. about Henry Roby and Nathaniel Boulter,
two standing jurymen's having had land from Mason, which was
worth £ 100, above the 2d. per acre to be paid. Note. — H.
Greene is one of the judges.
Henry Dow can testify, that, the 11th October, 1683, Henry
Roby had land measured out to him of 100 acres upland and
marsh, appointed him by Mason. And Nathaniel Boulter, senior,
and his sons, had 20 acres, which he said was too little, in that
Mason bad promised him 30. And Robert Smith had a piece of
marsh land, he claiming the same from Mason. That- these
grounds were part of the unfenced pasture, where the milch cows
of Hampton inhabitants used to feed, the loss whereof is of great'
prejudice to the town.
Ephraim Marston says the same.
17 July, 1683. R. Waldron, John Windiat and Thomas Rob^
erts, certify, that upon the governor's summons of the 17th Feb.
1682, above, within the time set, attended the governor, to know
his pleasure therein, who bade them agree with Mason ; on dis
course with whom, in another room, the governor overhearing,
came in, and told Col. Waldron that they should not hector so in
his house, and bade them begone , that they propounded to Mason
to refer the matter to the governor, or otherwise, that the govern
or should state the case to his majesty, according to the commis
sion ; which Mason refused, saying that unless they owned his ti
tle, he would have nothing to do with them.
Richard Waldron, senior, fined £5, for mutinous words spoke
at a trial, between him and Mason. And fined £ 10, for words
spoken to the dishonor and contempt of his majesty, from which
sentences he desired leave to appeal.
Cert. p. RICH'D CHAMBERLAIN, Prothon.
11 Sept. 1683. Warrant to James Sherlock, marshal, or depu
ty, to attach the goods, or for want thereof, the body of R. Wal
dron, and take bond, with sureties of £ 4000, for his appearance,
in trespass for lands held and woods felled to £4000 value ad. s.
R. Mason. Sept. 19, 1683. The warrant served on part of the
defendant's goods, in the name of the whole. 6th Nov. 1683. —
Judgment for the plaintiff, 10s. damages, and £5 8s. costs. The
defendant appeals, which allowed, on £ 200 security before the
16th, to pay the cost of the appeal, and to prosecute it in six
months. 23 Nov. 1683. Warrant for costs.

APPENDIX. 501
10 Dec. 1683. The governor and council commanded the min
isters there, to admit all persons, not scandalous, to the sacrament,
and their children to baptism. That if any desire the sacramant
or baptism, according to the liturgy of England, that it be done,
pursuant to the laws of England and his majesty's command to the
Massachusetts. Ministers refusing, being duly required, to incur
the penalty of the state, and the inhabitants freed from paying
tithes or other duties to such minister. And the governor ordered
Joshua Moodey, minister of Portsmouth, personally to read that
order at his meeting-house, the next Lord's day.
4 Dec. 1683. The governor and council ordered all the minis
ters iu New-Hampshire, to attend the Monday following, to give
their reasons why they did not administer the sacraments accord
ing to his majesty's letters sent the Massachusetts, and the statute
in that case.
15 Jan. 1683-4. James Sherlock gives Moodey notice, in wri
ting, that Cranfield, Barefoote, Chamberlain and Hincks, would
receive the sacrament, according to the liturgy of the church of
England, the next Sunday.
April, 33tio.car. 2di. 1681. By indenture between Robert Mason
and Richard Rich, Mason, in consideration of 20s. bargains, sells,
enfeoffs, &c. to Rich and his heirs, an house and orchard at Do
ver, a field of 8 acres, 2 acres on the common, another field of 3
acres and a half, and 6 acres. Land at Hilton's point of 20 acres,
3 acres marsh land, 10 acres upland, leaving highways, with lib
erty of feeding cattle and cutting necessary woods, excepting mines
and, minerals, and pine trees of 24 inches and more diameter. —
Habend. to Rich and his heirs as parcel of Dover manor, reddend
25s. per annum, with a clause of distress. Covenant for the gran
tees building two houses, in two years, at Hilton's point and to
pay 2s. per annum rent, for each, to Mason and his heirs. Cove
nant for quiet enjoyment under the said rents, and against incum
brances. Covenant for the grantees payment of said rents, and
preservation of the boundaries. The grantee, &c. at every ten
years to deliver engrost terrars of the premises. ROB'T MASON.
24 May, 1681. Robert Mason, by writing, made Nicholas
Shapleigh his attorney, with power to make deeds to the inhabit
ants for the lands they now possess, and what other they had oc
casion for, which he obliged himself and heirs to ratify. Gave
notice he would return from England the next spring, and by his
majestv's grace ease them of the heavy taxes then imposed.
J y s ROB'T MASON.
7 Jan. 1683-4. Richard Waldron, William Furber, senior,
and Henry Langstaff,* offer to depose, that the 20 acres on Hil-
* Tin Rev Mr Pike's MS. Journal, I find the following note on this per
son, who was at Pascataqua as early as 1631. " July 18, 1705. Mr. Henry
Langstar of Bloody-point, deceased, after ten days sickness, occasioned by a
fall into his Leanto, four stairs high, whereby being greviously bruised it
brought an inflammation upon him. He was above 100 years old hale,
strong, hearty man, and might have lived many years longer, if, &c. J

602 APPENDIX.
ton's point, granted by deed above, of the 29 April, 1681, with
some other lands therein, were fenced in for pasture 50 years ago,
and so held by the people of Dover ever since.
(Found among Weare's MSS.)

No. 52. Report of the Lords of Trade against Cranfield, and the
King's order.
At the court at Whitehall, the 8th of April, 1685.
By the king's most excellent majesty, and the lords of his majes
ty's most honorable privy council.
Upon reading a report from the right honorable the lords of the
committee of trade and plantations, in the words following :
May it please your majesty, —
Having received an order in council, dated the 11th day of July
last, upon the petition and complaint of Nathaniel Weare, inhabitant
of your majesty's province of New-Hampshire, in New-England, in
the behalf of himself and others, your majesty's subjects aud plan
ters there, against Edward Cranfield, Esq., your majesty's govern
or of that province, whereby we were directed to report our opin
ions upon the said complaint. We did accordingly transmit a
copy thereof to the said Edward Cranfield, and upon receiving his
answer, and hearing what the complainants could allege aDd
make out against him, — We find that the said Edward Cranfield
has hot pursued his instructions, in reference to the propriety of
soil which Robert Mason, Esq., claims in that province, inasmuch
as the said Edward Cranfield, by his instructions, is directed, that
in case the inhabitants of New-Hampshire should refuse to agree
with the said Mason, he should interpose and endeavor to recon
cile all differences, which, if he could not bring to effect, he was
then to send into England such cases, fairly and impartially stated,
together with his opinion, for your majesty's determination ;
whereas, instead thereof, he has caused courts to be held in New-
Hampshire, and permitted titles of land to be decided there, and
unreasonable costs to be allowed, without first representing the
particular cases to your majesty. As to the complaint of his hav
ing raised the value of coins, against the laws of the assembly
there, we are most humbly of opinion, that although it be your
majesty's undoubted prerogative to set and determine the price
and value of coins, within your dominions, yet your majesty's gov
ernor ought not to have made any alterations therein, without
having received your majesty's special directions ; all which we
humbly propose may be signified to him, by your majesty's order,
and that the differences depending between the said Robert Mason
and planters, in that part of New-Hampshire, may be at length de
cided. We further offer, that William Vaughan, one of the com
plainants attending this board, may have opportunity allowed him
of appealing to your majesty, within a fortnight, from all verdicts
and judgments given in New-Hampshire, in his private case, upon

APPENDIX. 503
hearing whereof, and by the relation it has with others, your maj
esty will be best able to judge of the right and title of the said
Robert Mason, to that part of the province of New-Hampshire
aforesaid, and upon bringing the said appeal, that all proceedings
at law, relating to the said title, may forthwith cease, until your
majesty's further pleasure be known.
All which is nevertheless most humbly submitted.
Rochester, Arlington,
Halifax, P. Oxford,
Clarendon, C. P. S. Chesterfield.
Beaufort,
Council chamber, 27 March, 1685.
His majesty iu council was graciously pleased to approve of the
said report, and to order that his majesty's pleasure therein be sig
nified to Mr. Cranfield accordingly. It was also ordered, that Mr.
William Vaughan be allowed to appeal to his majesty, within a
fortnight, from all verdicts and judgments given in his private
case, in New-Hampshire, according to the said report.
A true copy, Wm. Bridgeman.

No. 53. The King's Order for hearing Vaughan's Appeal.
[Not inserted in the former editions.]
At the court at Whitehall, the 29th of April, 1685. Present— the
king's most excellent majesty in council.
Upon the petition of William Vaughan and Nathaniel Weare,
of New-Hampshire, in New-England, setting forth among other
things, that in obedience to a late order of council, the petitioner,
William Vaughan, hath appealed against several verdicts and
judgments, one fine and one decree, given, entered up, imposed
and ordered against him, in New-Hampshire, as in the petition is
at large set forth, it is this day ordered, that copies of the said pe
tition and appeal be sent to the right honorable the lords of the
committee for trade and plantations, who are to examine the alle-*
gations thereof, and to report to this board how they find the same,
together with their lordship's opinion thereupon.
PHIL. MUSGRAVE.
(The two preceding papers, are in the hands of the Hon. President Weare.)

No. 54. Letter from the Lords of Trade to Cranfield.
After our hearty commendations unto you, we have, in obedience
to his majesty's commands, received and examined your answer to
the complaint of Nathaniel Weare, inhabitant of his said province
of New-Hampshire, in behalf of himself, and others of his majes^
ty's subjects and planters there, and having likewise heard what
the said Weare could bring in evidence of the said complaints,
and thereupon reported our opinions to his majesty, we are com^
manded hereby to signify unto you, that you have not pursued your

504 APPENDIX.
instructions in reference to the propriety of the soil which Robert
Mason, Esquire, claims in the province of New-Hampshire, inas
much as you were directed, that, in case the inhabitants of New-
Hampshire should refuse to agree with the said Mason, you should
interpose, and endeavor to reconcile all differences, which, if you
could not bring to effect, you were then to send to his majesty such
cases, fairly and impartially stated, together with your opinion for
his majesty's determination ; instead whereof, you have caused
courts to be held in New-Hampshire, and permitted titles of land
to be decided there, and unreasonable costs to be allowed, without
first representing the particular cases to his majesty. And yet,
although it be his majesty's undoubted prerogative, to set and de
termine the price and value of coin, within his majesty's dominions,
you have not done well in directing any alterations therein, without
his majesty's special order. In both which, you have been want
ing in your duty to his majesty. But, that the chief occasion of
dispute in that province may be removed, we are farther directed
to acquaint you, that, as to the differences depending between the
said Robert Mason and the planters, his majesty hath been
graciously pleased, by his order in council, dated the 8th of this
instant, April, to permit William Vaughan, one of the complain
ants, attending this board, to appeal to his majesty within a fort
night from the date of the said order, from all the verdicts and
judgments given in New-Hampshire, in his private case, upon
hearing whereof, and by the relation it has with others, his majr
esty will be best able to judge of the right and title of the said
Robert Mason, to that part of the province of New-Hampshire.
And his majesty doth likewise think fit, that, upon bringing the
said appeal, by the said William Vaughan, al) proceedings at law,
relating to the said title, do forthwith cease, until his majesty's
pleasure be known. Whereof you are to take, notice, and to govern
yourself accordingly. And so we bid you very heartily farewell,
from the council 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,
Clarendon, C. P. S. Alesbury,
Beaufort, Middleton,
Lindshy, Godolphin,
Arlington, J. Ernie,
Hunington, Geo. Jaffrey.
Directed to our loving friend, Edw. Cranfield, Esq.,
lieutenant-governor and commander in chief of
his majesty's province of New-Hampshire, in
New-England.

APPENDIX. 505
No. 55. Letter from the same to the same, respecting Vaughan's
Appeal.
After our hearty commendation : His majesty hath received
the petition and appeal of William Vaughan, inhabitant of New-
Hampshire, from several verdicts and judgments given against him
in that province, which being referred to us by his majesty's order
in council of the 29th of April last, that we should examine the
allegations thereof, and make report of the same, with our opinion
thereupon, we have accordingly appointed to hear all parties cor,T
cerned in the several cases therein contained, on the first Tuesday,
after midsummer day, which shall be in the year 1686. To which
end, we herewith send you a copy of the said petition and appeal,
which you are to communicate unto Robert Mason, Esq., and to
all others whom it may concern, who are to take notice thereof,
and to give their attendance at that time eitherby themselves or
by their agents sufficiently empowered by them, to answer the
said appeal, and to submit to such judgment hereupon as his maj
esty in council shall be thought fit. And you are likewise to per
mit all persons to have free access to, and take copies of all re
cords within that province relating to the matters in dispute, and
to depose upon oath what they know concerning the same, which
depositions are to be taken in writing by any of the members of
the council or justices of the peace in that province, without any
hindrance or discouragement whatsoever, iu order to be transmit
ted unto us, for the clearing of truth in that appeal. And so we
bid you heartily farewell. From the council chamber in Whiter
hall, the 22d day of May 1685. Your loving friends,
Guilford, C. S. Rochester,
Halifax, Pr. Clarendon, C. P. S.
Ormond, Sunderland.
Lieut. Governor of New-Hampshire, or
Commander in Chief for the time being.
(The two preceding papers are in the possession of John Penhallow, Esq.)

No. 56. Copy of the Petition of the Inhabitants against Mason.
To the king's most excellent majesty.
The humble petition and address of your majesty's dutiful and
loyal subjects, inhabiting in the province of NewrHampsbire,
in New-England. [1685.]
Most humbly sheweth, —
That your majesty's loyal subjects of this province, had for more
than fifty years been peaceably possessed of the lands lately chal
lenged by Mr. Mason, and having found the same an utter desert
and forest land, with excessive cost and hard labor, reduced the
same to a tolerable support of ourselves and families, and lately
maintained the same, with a vast expense of our estates and lives,
against the incursions of a barbarous enemy, who had otherwise.
reduced the same to utter confusion,
66

506 APPENDIX.
That upon his late majesty's declaration and order for the set
tlement and government of this province, we accounted ourselves
happy for that therein we were by his said majesty's princely
grace and favor, saved from the unreasonable demands which Mr.
Mason might have made upon us, by the limitations in the
commission for government, wherein it was provided that the said
president or governor, for the time being, should use all methods
by his good advice, to settle and quiet the people, in the matter of
Mr. Mason's title, or otherwise impartially to state the case, and
report the same to his majesty, that a final determination might
thereupon have been made, by his majesty in council, which if it
had been duly attended, had, we doubt not, long since, by your
majesty's justice and favor, put us into a happy estate of quiet and
repose. That, notwithstanding his said majesty's command and limita
tion, the said Mr. Mason hath been allowed to pursue many of
the inhabitants, in several suits and actions, wherein the govern
ment have taken to themselves power of an absolute judgment,
without any regard had to the said commands and limitations, and
with that excess and rigor as to assign the said Mr. Mason some
times ten pounds, other times twenty pounds costs, when damages
have been sometimes not above two shillings, very seldom ten,
according to the orders and limitations abovesaid.
That the said Mr. Mason, beyond and beside the said quit rents,
and directly against his majesty's order in the said commission,
wherein the tenure of improved lands is assured to the ter-tenants,
upon payment of the said quit rent, or otherwise, as his majesty
in council should determine, hath disposed or given away the fee,
to several persons, of several lands, which were, long before his
challenge, fenced and improved by others, to the great damage and
injury of his majesty's good subjects, beside many other irregular
ities in the management of the government, to the great oppression
and destruction of trade within your majesty's province, and the
utter impoverishing thereof.
That for the last two years and up*vard, during the whole man
agement of Mr. Mason's suits at law, against your majesty's sub
jects, there hath been generally one jury returned to serve all the
said issues, with little alterations, and almost constantly one fore
man, (who for that end we are apt to fear) was early complied
with by Mr. Mason for all the lands in his own possession former
ly, with addition of several other lands to his own profit
That notwithstanding -your majesty's late gracious order, and in
hibiting of any further procedure in the case of Mr. Mason's title,
until the cause were brought before your majesty in council, Mr.
Walter Barefoote, who was left deputy governor, hath since the
arrival of your majesty's commands, permitted executions to be
extended, and persons thereupon imprisoned, in causes concern
ing the said Mason's title, with excessive and unreasonable costs
and damages.
And lastly, whereas your majesty hath, upon complaint made
against the irregular proceedings done and suffered, been gracious*

APPENDIX. 507
ly pleased to permit Mr. William Vaughan, one of the principal
inhabitants and merchants in this province, to take his appeal to
your majesty in council for relief, against several oppressive judg
ments, one whereof, refers to the^ title of his lands within this
province, holden in the same form with the rest of his majesty'.s
good subjects here, we do, with all humble gratitude, acknowl
edge your majesty's justice and favor herein, and for that the pur
suance and issue of the said appeal, will therefore necessarily af
fect the whole province and be introductory to the determination
of all Mr. Mason's challenge, we have judged, it our duty in most
humble manner, to prostrate ourselves at your majesty's feet, and
have therefore betrusted and fully impowered Mr. Nathaniel Weare,
one of the inhabitants of this your majesty's province, our agent,
to lay before your majesty and most honorable privy council, the
common case and condition of your majesty's poor and distressed
subjects in this province, who is fully instructed humbly to repre
sent the same, and the arbitrary and severe oppressions we hare
labored under, from which we are well assured of relief by your
majesty's most just and gracious determination, and to make an
humble and entire submission of ourselves, unto your majesty's
pleasure, most humbly beseeching, that we may henceforward
have our perfect and immediate dependence upon your majesty and
the crown of England, as well in the tenure of our lands as in the
affairs of government, which gracious influence of your majesty is
only able to revive and restore this province to its former flourish
ing estate and growth, whereby we may at length be made service
able to your most sacred majesty and the crown, which we are
devoted to serve, resolving therein to be exemplary to all other
your majesty's subjects in the territory of New-England, and for
which we shall every pray, &c.
(This paper is in the hands of the Hon. President Weare.)

No. 57. Copy of the Decision of King James II. against William
Vaughan.
At the court at Whitehall, the 19th of November, 1686.
(L. S.) Present— The king's most excellent majesty.
Lord Chancellor, Earl of Plymouth,
Lord Treasurer, Earl of Morray,
Lord President, Earl of Middleton,
Duke of Ormond, Earl of Melford,
Duke of Albemarle, Earl of Tyreonnel,
Duke of Beaufort, Viscount Stauronberg,
Lord Chamberlain, Viscount Preston,
Earl of Oxford, Lord Bishop of Durham,
Earl of Huntington, Lord Arundel of Wardour,
Earl of Peterborough, Lord Dartmouth,
Earl of Craven, Lord Dover,
Earl of Powis, Mr.Chancelloroftheexcheq'r,
Earl of Nottingham, Mr. Chancellor of the Dutchy.

508 APPENDIX.
Upon reading this day at the board, a report from the honorable
the lords of the committee of council for trade and foreign plants
tions, bearing date the 6th day of November instant, setting forth,
that in obedience to his majesty's orders in council, of the 25th of
April, 1685, and the 3d of July last, they have examined the ap
peal of William Vaughan, from a verdict and judgment given
against him, on the 6th day of November, 1683, in his majesty's
courts in New-Hampshire, in New-England, at the suit of Robert
Mason, Esq., as proprietor of that province, for certain lands and
tenements in Portsmouth, in the said province, and that they hav
ing heard the said Robert Mason, and Nathaniel Weare, attorney
for the appellant, and his counsel learned in the law, are humbly
of opinion that his majesty be pleased to ratify and affirm the ver-»
diet and judgment aforesaid.
His majesty in council Was pleased to approve of their lorships'
said opinion and report, and to order the said verdict and judgment
given against the said William Vaughan, on the sixth day of Nov
ember, 1683, in his majesty's courts in New-Hampshire, in Newj
England, at the suit of Robert Mason, Esq. as proprietor of that
province, for certain lands and tenements, in Portsmouth, in said
province, be ratified and affirmed, and they are hereby ratified aud
affirmed accordingly. WM. BRIDGEMAN.
Vera copia, per RICHARD PARTRIDGE, Clerk.
Copy as on file in the case, Allen vs. Waldron,
Exam, per GEO. JAFFREY, CI.

No. 58. Four letters or petitions from John Hogkins, commonh)
called Hawkins, one of the sachems of the Penacook Indians.
May 15th, 1685.
Honor governor my friend, — You my friend I desire your wor
ship and your power, because I hope you can do som great mat
ters this one. I am poor and naked and I have no men at my
place because I afraid allwayes Mohogs he will kill me every day
and night. If your worship when please pray help me you no let
Mohogs kill me at my place at Malamake river called Panukkog
and Nattukkog, I will submit your worship and your power. —
And now I want pouder and such alminishon, shatt and guns, be
cause I have forth at my horn and I plant theare.
This all Indian hand, but pray you do consider your
humble servant, JOHN HOGKINS.
Simon Detogkom, Peter 3 Robin,
Joseph x Traske, Mr. Jorge xRodunnonukguSj
King j; Hary, Mr. Hope x Hoth,
Sam j; Linis, John x Toneh,
Wapeguanat j; Saguachuwashat, John a Canowa,
Old Robin ]i, John x Owamosimmin,
Mamanosgues q Andra, Natonill f Indian.

APPENDIX. 509
Another from the same. May 15, 1685.
Honor Mr. Governor, — Now this day I com your house, I
want se you, and I bring my hand at before you I want shake
hand to you if your worship when please then you receive my
hand then shake your hand and my hand. You my friend be
cause I remember at old time when live my grant father and grant
mother then Englishmen com this country, then my grant father
and Englishmen they make a good govenant, they friend allwayes,
my grant father leving at place called Malamake rever, other name
chef Natukkog and Panukkog, that one rever great many names,
and I bring you this few skins at this first time I will give you my
friend. This all Indian hand.
[The rest as before.] JOHN m HAWKINS, Sagamor.
Another from the same.
Please your worship, — I will intreat you matther you my friend,
now this if my Indian he do you long pray you no put your law
because som my Indians fooll, som men much love drunk then
he no know what he do, may be he do mischif 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 I will help you if I can.
Mr. JOHN HOGKINS.
Another from the same.
Mr. Mason, — Pray I want speake you a few words if your wor
ship when please, because I com parfas [on purpose] I will speake
this governor but he go away so he say at last night, and so far I
Understand this governor his power that your power now, so he
speake his own mouth. Pray if you take what I want pray com
to me because I want go hom at this day.
Your humble servant,
May 16, 1685. JOHN HOGKINS, Indian sogmon.
(From the originals in the Recorder's office.)

No. 59. Letter from Capt. Francis Hooke, advising of danger from
the Indians.
Capt. Barefoot, Sir,
This is to informe you that just now there cam to me a post,
wherein I am fully informed that there is just ground to feare that
the heathen have a souden desyne against us ; they havinge lately
about Sacoe affronted our English inhabitants there by threatening
of them, as alsoe by killinge theyre doggs ; but more pertickular-^
ly in that on Friday, Saturday, and Lord's day last they have
gathered all theyre corne, and are removed both pack and pack-
idge. A word to the wise is enough. The old proverb is, fore
warned forearmed. Myself and rest in commission with us are
fourthw'ith settinge ourselves in a posture, and tomorrow our
counsell meet for to consider what is needful to be done. Not
els beina-e in great hast, butt remayn, Sir, your obliged servant,
Kittery, 13 Aug. 1685. FRANCIS HOOKE,

510 APPENDIX.
No. 60.' Report of persons sent to inquire into the above mailer.
[No date or signature.]
To the Honorable Walter Barefoote, Esq. and the council of
Great-Island.
Gentlemen, — According to your command and order to me,
bearing date the 2d instant, I have to the utmost of my power ob
served every particular. Upon our arrival there, on Friday night,
they were all very courteous to us, and in the morning my orders
were read, which was very kindly received by them, and the
reasons why they deserted the places where they usually abode
among the English was ; —
1. That four Indians came from fort Albany to the fort at Pen
acook, and informed them that all the Mohawks did declare they
would kill all Indians from Uncas at mount Hope to the eastward
as far as Pegypscot.
2. The reason of Natombamat, sagamore of Saco, departed his
place w7as, because the same news was brought there, as himself
declared, upon reading my orders at Penacook.
3. Natombamat, sagamore of Saco, is gone to carry the Indians
down to the same place, where they were before departed from
us, on Sunday morning, and desired Capt. Hooke to meet him at
Saco five days after.
4. Both sagamores of Penacook, viz. Wonalanset and Mesanj
dowit, the latter of which is come down, did then declare they
had no intention of war, neither indeed are they in any posture
for war, being about 24 men, besides squaws and papooses.
5. Asking the reason why they did not come among the En
glish as formerly, they answered they thought if the Mohawks
came and fought them, and they should fly for succor to the Eng*
lish, that then the Mohawks would kill all the English for har
boring them.

No. 61. Articles of Peace with the Indians inhabiting New-Hamp
shire and Maine.
Articles of peace agreed upon the eighth day of September, iu the
year of our Lord, 1685, between the subjects of his majesty,
king James the second, inhabiting the provinces of New-Hamp
shire and Maine, and the Indians inhabiting the said provinces.
It is agreed there shall be for the future, a lasting peace, friend
ship and kindness, between the English and the Indians, and that
no injury shall be offered by the one to the other.
That if any Englishman doth any injury to an Indian, upon
complaint made to any justice of peace, the Englishman shall
be punished, and the Indian shall have present satisfaction made
him. And if any Indian doth an injury to the English, or threat
en to do any injury, the sagamore to whom that Indian doth he-
long, shall punish him in presence of one of the king's justices of
the peace.
That if any other Indian shall design any mischief or harm to

APPENDIX. 5H
the English, the Indians inhabiting the aforesaid provinces shall
give present notice thereof to the English, and shall assist the
English. That so long as the aforesaid Indians shall continue in friend
ship with the English, they shall be protected against the Mo
hawks, or any others, and may freely and peaceably set down by
the English near any their plantations.
Robert Mason, Walter Barefoote,
Robert Elliot, Henry Green,
John Davis, Francis Hooke.
The mark of f Mesandowit
The mark m of Wahowah, alias Hopehood.
The mark tfl of Tecamorisick, alias Josias.
The mark m of John Nomony, alias Upsawah.
The mark W of Umbesnowah, alias Robin.
We whose names are hereunto written, do freely consent and
engage to comply and perform the within written articles, as our
neighbors have done, and do further engage as followeth :
Lastly, That the Indians shall not at any time hereafter remove
from any of the English plantations, with their wives and chil
dren, before they have given fair and timely notice thereof, unto
the English, from whence they do so remove ; and in case the
said Indians shall remove with their wives and children, without
such fair and timely notice given to the English, that then it shall
be taken pro confesso that the Indians do intend and design war
with the English, and do thereby declare that the peace is broken ;
and it shall and may be lawful to and for the English, or any on
their behalfs, to apprehend the said Indians, with their wives and
children, and to use acts of hostility against them, until the saga
mores shall make full satisfaction for all charge and damage that
may arise thereby. John Davis,
Francis Hooke,
The mark of Netambomet, sagam. of Saco,
The mark x °f Wahowah, alias Hopehood.
The mark ) of Ned Higgon.
The mark q of Newcome.
Kancamagus, alias John Hawkins, sagamore, signed this
instrument, 19 7ber, 1685, his G mark.
Bagesson, alias Joseph Traske, 0 his mark.
And agreed to all within written. Testis, JOSEPH RAYN.
No. 62. Petition of William Houchins for aid to obtain a cure of the
King's Evil.
Portsmouth, the 7th of Sept. 1687.
To the much honred cort now sitting in said Portsmouth, for the
prouince of Newhampshir,
The humbel petishon of William Houchins, on of his magesty
subgicts belonging to said prouinc, humbly seweth for aduic,
ade and releffin his deplorabell estat and condition.
That whereas it has plesed God to lay his hand uppon him, and

512 APPENDIX.
that hee is in such a condition not being abell to help him selff, aa
to the geting a liuing or proquering help or remedy for my distem
per, being low in the world, and hauing useed all the menes and
aduic posabell for nere fiue years past ; hauing bin informed by
som that it is a distemper caled the Icing's eucll,* so can not be
qureed but by his magesty. Hauing littell or nothing in this
world, if my liffshould go for it am not abell to trancsport my selff
for England to his magesty for releff ; thareffor humbly and hartly
beg the help, ade and asistanc of this honred cort, that thay would
so far commiserat my deplorabell condition as order som way eth
er by breff or any other way that youer honors shall think most
meet to moue the harts of all cristen people with compation to be-:
sto somthing uppon mee, to trancsport mee for England, whar,
God willing, I intend forth with to goo iff posabell, but without
help not posabell. This humbly leuing my selff in the sad condi-r
tion I am in, trusting in God and youer honors for help and aduice,
subscrib youer por deplorabell saruant,
WILLEAM HOUCHINS.

No. 63. A letter from Secretary Addington to Major Waldron, ap-.
prizing him of his danger from the Indians.
Boston, 27 June, 1689.
Honorable Sir, — The governor and council having this day re-^
ceived a letter from Major Hinchman, of Chelmsford, that some
Indians are come into them, who report that there is a gathering:
of some Indians in or about Penacook, with design of mischief to
the English. Among the said Indians, one Hawkins is said to be
a principal designer, and that they have a particular design against
yourself and Mr. Peter Coffin, which the council thought it neces
sary presently to despatch advice thereof to give you notice, that
you take care of your own safeguard, they intending to endeavor
to betray you on a pretension of trade.
Please forthwith to signify the import hereof to Mr. Coffin and?1
others, as you shall think necessary, and advise of what informa*,
tions you may at any time receive of the Indians' motions.
By order in council, ISA. ADDINGTON, Sec'y.
For Major Richard Waldron and Mr, Peter Coffin, or either of
them, at Cocheco; these with all possible speed.
* This petition is inserted merely as a curiosity. It was a received opin-.
ion in that day that the distemper called the king's evil could be cured only
by the royal touch. The following advertisement taken from an old London
-Gazette, is of the same nature.
" These are to give notice, that the weather growing warme, his majesty
will not touch any more for the evil till towards Michaelmass. And his.
majesty's chirurgeons desire, to prevent his majesty being defrauded, that
greater care be taken for the future in registring certificates given to such as,
jcome to be touched." London Gazette, May 29, 1682.

END OF THE FIRST VOLUME.

JP ^BTMl V.

For the. New-Hampshire Observer.
MORNING HYMN, fyf.&^r
Adapted to the Tune of Pilesgrove.
Thou Source of love, of truth, of grace,
Humble, before (by throne I bend,
And while thy kindnesses I trace,
O may my morning piayeis ascend :
1
Ascend (ollui, who gave mc power
To feel bis goodness and his love ;
To Him whose mercies every hour
Are sent to mortals fiom above.
My soul awake ! thy homage bring,
And tunc Ihy voice with songs of praise,
To Kim who gave the power lo sing.
His long recorded gifts of grace.
•To Him, whose mercy still attends
My feeble sleps, and guides my way,
Who still continnes life and friends,
To Him, thy morning tribute pay.

YALE UNIVERSITY

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