The history of New-Hampshire. : Volume I. Comprehending the events of one complete century from the discovery of the River Pascataqua. / By Jeremy Belknap, A.M. Member of the American Philosophical Society Held at Philadelphia for Promoting Useful Knowledge. ; [Four lines in Latin from Ovid]

CHAP. VII.

The administration of the first council. Op|position to the acts of trade. Mason's arrival. Opposition to him. His de|parture. State of trade and navigation.

THE commission was brought to Ports|mouth on the first of January by Ed|ward Randolph,* 1.1 * 1.2 than whom there could not be a more unwelcome messenger. It was re|ceived with great reluctance by the gentle|men therein named; who,* 1.3 though they were of the first character, interest and in|fluence, and had sustained the principal offi|ces civil and military under the colony go|vernment* 1.4; yet easily saw that their ap|pointment

was not from any respect to them or favour to the people; but merely to obtain a more easy introduction to a new form of government, for a particular purpose, which they knew would be a source of perplexity and distress. They would gladly have declined acting in their new capacity; but considering the temper of the government in England, the una|voidable 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.* 1.5 They therefore published the commission, and took the oaths on the twenty second day of January, which was beyond the utmost time limited in the commission. Agreeably to the royal di|rection they chose three other gentlemen into the council; Elias Stileman of Great Island, who had been a clerk in the coun|ty courts, whom they now appointed se|cretary, Samuel Dalton of Hampton and Job Clements of Dover. The president nominated Waldron to be his deputy or vice president, Martyn was appointed trea|surer, and John Roberts, marshal.

This change of government gratified the discontented few, but was greatly dis|relished by ••he 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 ge|neral assembly the persons in each town who were judged qualified to vote were named in the writs* 1.6; and the oath of al|legiance was administered to each voter. A public fast was observed,* 1.7 to ask the di|vine blessing on the approaching assembly and

the continuance of their precious and pleasant things.

The assembly * 1.8 met at Portsmouth on the sixteenth of March, and was opened with prayer and a sermon by Mr. Moody.

To express their genuine sentiments of the present change, and invalidate the false reports which had been raised against them, as well as to shew their gratitude and re|spect to their former protectors, they wrote to the general court at Boston,

acknow|ledging 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 commands, 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 conti|nued for defence against the common enemy,* 1.9 and offering their service when it should be necessary* 1.10.

Their next care was to frame a code of laws, of which the first, conceived in a style beccoming freemen, was

that no

act, imposition, law or ordinance should be 〈◊〉〈◊〉 or imposed upon them, but such as should be made by the assembly and approved by the president and coun|cil.

Idolatry, blasphemy, treason, re|bellion, wilful murder, manslaughter, poisoning, witchcraft, sodomy, bestiality, perjury, man-stealing, cursing and rebel|ling 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 conten|tions 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 Portsmouth. The military arrangement was,* 1.11 one foot com|pany in each town, one company of artil|lery 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 se|paration. A jealous watch was kept over their rights and privileges, and every en|croachment upon them was withstood to the utmost. The duties and restrictions established by the acts of trade and navi|gation were universally disgustful, and the more so as Randolph was appointed col|lector, surveyor and searcher of the customs throughout New-England. In the exe|cution of his commission 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,* 1.12 brought an action against him at a special court before the president and council, and recovered damages and costs to the amount of thirteen pounds. Randolph behaved on this occasion with such insolence, that the council obliged him publickly to acknowledge his offence and ask their pardon.* 1.13 He appealed from their judgment to the king; but what the issue was doth not appear. Having con|stituted Captain Walter Barefoote his de|puty at this port, an advertisement was published requiring that all vessels should be entered and cleared with him. Upon which Barefoot was brought to examina|tion, and afterward indicted before the

president and council, for

having in an high and presumptuous manner set up his majesty's office of customs without leave from the president and council;* 1.14 in contempt of his majesty's authority in this place; for disturbing and obstruct|ing his majesty's subjects in passing from harbour to harbour, 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 sentenced 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 adherence to rights, however clear and sacred, was not the way to recommend themselves 〈◊〉〈◊〉 royal favour. But they were not singular in these senti|ments, 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;* 1.15 and he was obliged to post it on the exchange.

In the latter end of the year Mason ar|rived from England with a mandamus,* 1.16 re|quiring the council to admit him to a feat at the board,* 1.17 which was accordingly done. He soon entered on the business he came about; endeavouring to persuade some of the people to take leases of him, threaten|ing others if they did not, forbidding them to cut fire-wood and timber, asserting his right to the province and assuming the title of lord-proprietor. His agents, or stew|ards as they were called, had rendered themselves obnoxious by demanding rents of several persons and threatening to sell their houses for payment. These proceed|ings raised a general uneasiness; and pe|titions 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 re|peat such irregular proceedings, and de|claring 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 threat|ened to deal with him as an offender, he threatened to appeal to the king, and pub|lished a summons to the president and se|veral members of the council, and others to appear before his majesty in three months. This was deemed

an usurpa|tion 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 Cutts died,* 1.18 and Major Waldron succeed|ed him, appointing Captain Stileman for his deputy, who had quitted his place of secretary upon the appointment of Rich|ard Chamberlayne to that office by royal commission.* 1.19 The vacancy made in the council by the 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 resigned.

During the remainder of the council's administration,* 1.20 the common business went on in the usual manner, and nothing re|markable is mentioned, excepting another prosecution of Barefoote, with his assistants,* 1.21 William Haskins and Thomas Thurton for seizing a vessel

under pretence of his majesty's name, without the know|ledge 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, im|provements and defence, from a repre|sentation 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 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 car|goes 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 majesty please to make the south part of the Isles of Shoals part of this govern|ment, they not being at present under any* 1.22.

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 im|poverished,

their houses and estates being destroyed, and they and others remaining 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* 1.23.

"There is at the Great Island in Ports|mouth, at the harbour'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 pounder] nor above twenty one hund|red 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 beginning of the first Dutch war, about the year 1665, in obedience to his

majesty's command in his letter to the go|vernment under which this province then was.

"There are five guns more lying at the upper part of Portsmouth, purchased by private persons, for their security and defence against the Indians in the late war with them, and whereof the owners may dispose at their pleasure. To supply the foresaid defect and weakness of the guns and fort, we humbly supplicate his majesty to send us such guns as shall be more ser|viceable, 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,* 1.24 three pinks, one shallop and one fly-boat; in all forty seven.

Notes

• * 1.1

  1680.
• * 1.2

  Council Rec.
• * 1.3

  Fitch's MS.
• * 1.4

  The president JOHN CUTTS was a principal merchant, of great probity and esteem in Portsmouth; but now aged and infirm.

  Richard Martyn, was of good character, and great influence. He had been very active in procuring the settlement of a minister in the town of Portsmouth.

  William Vaughan, was a wealthy merchant, 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. Moody preached his funeral sermon from 2 Sam. ii.30.

  There lacked of David's servants, nineteen men and Asabel.

  (Fitch's MS.)

  John Gilman was a principal man in Exeter, as was Christopher Hussey, in Hampton.

  Richard Waldror, was a native of Somersetshire, and one of the first settlers in Dover. He was much respected and eminently use|ful, having sustained divers important offices civil and military, and approved his courage and fidelity in the most hazardous en|terpr••••••••.
• * 1.5

  Council Rec.
• * 1.6

  The number of qualified voters in each town was,

  In Portsmouth

  71

  Dover

  61

  Hampton

  57

  Exeter

  20

   

  209
• * 1.7

  Febru. 26.
• * 1.8

  The deputies in this first assembly were,

  For Portsmouth.

  • Robert Eliot,
  • Philip Lewis,
  • John Pickering.

  Dover.

  • Peter Coffin,
  • Anthony Nutter,
  • Richard Waldron, jun.

  Hampton.

  • Anthony Stanyon,
  • Thomas Marston,
  • Edward Gove.

  Exeter.

  • Bartholomew Tippin,
  • Ralph Hall.
• * 1.9

  Council Records.
• * 1.10

  This letter fully shews the absurdity of the reason assigned by Douglas in his Summary, vol. II. page 28, for the erecting this new government.

  The proprietors and inhabitants of New-Hampshire not capable of protecting themselves against the Ca|nada French and their Indians, desired of the crown to take them under its immediate protection.

  A random assertion, unsupported by any proof and contrary to plain fact! The crown could afford them no protection against Indians. With the French the crown was in alliance, and the nation was at peace.
• * 1.11

  MS Laws.
• * 1.12

  March 23.
• * 1.13

  Council Records & Files.
• * 1.14

  March 25.
• * 1.15

  MSS in files.
• * 1.16

  Dec. 30.
• * 1.17

  1681.
• * 1.18

  March 27. April 5.
• * 1.19

  Dec. 30. 1680.
• * 1.20

  1682.
• * 1.21

  March 10.
• * 1.22

  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 un|der the same jurisdiction, and the town there erected was called Appledore. [Mass Rec.] They are not named in Cutts'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 country. In Allen's and all succeeding commissions, they are particularly mentioned; the south half of them being in New-Hampshire.
• * 1.23

  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

  30 s.

  White Oak pipe staves per ditto

  3 £.

  Red Oak ditto per ditto

  30 s.

  Red Oak Hhd. ditto per ditto

  25 s.

  Indian Corn per bushel

  3 s.

  Wheat per ditto

  5 s.

  Malt per ditto

  4 s.

  N. B. Silver was 6 s. and 8 d. per oz.
• * 1.24

  Council Records.